Transcript: Jan 14, 2013 4:47 PM

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           NEW YORK STATE SENATE
           THE STENOGRAPHIC RECORD
           ALBANY, NEW YORK
           January 14, 2013
           4:47 p.m.
           REGULAR SESSION

LIEUTENANT GOVERNOR ROBERT J. DUFFY, President FRANCIS W. PATIENCE, Secretary

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           P R O C E E D I N G S
           THE PRESIDENT: The Senate will come to order.
           Please rise. We'll stand by for the pledge until our colors are posted.
           (The Civil Air Patrol color guard entered the Senate chamber and presented the colors.)
           THE PRESIDENT: Please join me in the pledge.
           (Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
           (The color guard posted the colors in the rear of the chamber and exited through the front double door.)
           THE PRESIDENT: Please join me in a moment of silence.
           (Whereupon, the assemblage respected a moment of silence.)
           THE PRESIDENT: Thank you.
           Next we'll have the reading of the Journal. The Secretary will now read.
           THE SECRETARY: In Senate, Sunday, January 13, 2013, the Senate met pursuant to adjournment. The Journal of Saturday,

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January 12th, was read and approved. On motion, Senate adjourned.
           THE PRESIDENT: Without objection, the Journal stands approved as read.
           Next, presentation of petitions.
           Any messages from the Assembly?
           Messages from the Governor.
           Let the record show we are in receipt of the State of the State message from the Governor. I hand it down and ask that it be filed in the Journal.
           Next, reports of standing committees.
           Any reports of select committees?
           Communications and reports from state officers.
           Motions and resolutions.
           Senator Libous.
          
SENATOR LIBOUS: I believe, Mr. President, Senator Gianaris has some motions.
           THE PRESIDENT: Senator Gianaris.
          
SENATOR GIANARIS: Mr. President, on behalf of Senator Krueger, I move that the following bills be discharged from their

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respective committees and recommitted with instructions to strike the enacting clause: Senate Number 1475.
           On behalf of Senator Stavisky, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Numbers 633, 645, 1300, 1301, 1308, 1310, and 1317.
           And on behalf of Senator Montgomery, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Numbers 1384 and 1403.
           THE PRESIDENT: So ordered.
           Senator Libous.
          
SENATOR LIBOUS: Thank you, Mr. President.
           I believe there's a privileged resolution at the desk by Senator Seward. May we please have it read in its entirety, and then I believe we would call on Senator Seward before its adoption.
           THE PRESIDENT: The Secretary will read the resolution in its entirety.

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           THE SECRETARY: Legislative Resolution 22, by Senators Seward, LaValle, Flanagan and Zeldin, commending the Colonel Francis S. Gabreski Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard upon the occasion of presenting the colors at the start of the session of the New York State Senate, January 14, 2013.
           "WHEREAS, It is the sense of this Legislative Body to recognize that the quality and character of life in the communities across New York State are reflective of the concerned and dedicated efforts of those organizations and individuals who are devoted to the welfare of the community and its citizenry; and
           "WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commend the Colonel Francis S. Gabreski Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard upon the occasion of presenting the colors at the start of the session of the New York State Senate, to be held on Monday, January 14, 2013, at the New York State Capitol in Albany, New York; and

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           "WHEREAS, The Civil Air Patrol enjoys a proud legacy of selfless sacrifice and service to country and community that spans decades. The organization was born one week prior to the Japanese attack on Pearl Harbor; and
           "WHEREAS, Thousands of volunteer members of the Civil Air Patrol answered America's call to national service and sacrifice by accepting and performing critical wartime missions; and
           "WHEREAS, On July 1, 1946, President Harry S. Truman signed Public Law 476 incorporating the Civil Air Patrol as a benevolent, nonprofit organization. On May 26, 1948, Congress passed Public Law 557 permanently establishing the Civil Air Patrol as the auxiliary of the new United States Air Force; and
           "WHEREAS, Three primary mission areas were set forth at the inception of the Civil Air Patrol: aerospace education, cadet programs, and emergency services; and
           "WHEREAS, Today, the Civil Air Patrol handles 90 percent of inland search and rescue missions, with approximately 75 lives saved each year. Its members are generally the

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first on the scene transmitting satellite digital images of the damage within seconds around the world and providing disaster relief and emergency services following natural and manmade disasters, including such phenomena as 9/11, Hurricane Katrina, Texas and Oklahoma wildfires, tornadoes in the south and central United States, North Dakota flash flooding and the October 2006 earthquake in Hawaii, as well as humanitarian missions along the United States and Mexican border; and
           "WHEREAS, In response to the devastating effects of Hurricane Sandy, the Civil Air Patrol's New York Wing promptly reacted by flying 373 damage assessment sorties and providing 143,360 aerial photographs to New York disaster relief organizations, FEMA and the Army Corps of Engineers; providing air transportation throughout the affected region for disaster response teams; deploying 30 volunteers to assist with shelter operations conducted by the New York City Office of Emergency Management; and installing 40 volunteers to assist the Red Cross with the logistics of relief supplies; and

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           "WHEREAS, In addition, Civil Air Patrol members are dedicated to counterdrug reconnaissance and to teaching a new generation about aerospace and its impact on our future. Its cadet programs ensure our youth receive the finest leadership training the nation has to offer; and
           "WHEREAS, The members of the Colonel Francis S. Gabreski Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard include: Dennis Woytowitz of Selden, New York; Debbie Woytowitz of Selden, New York; Thor Hawrey of Miller Place, New York; Ed Nelson of Manorville, New York; Peter Tsakonas of Port Jefferson Station, New York; Alex Woytowitz of Selden, New York; Christopher Russo of Sayville, New York; Connor Morse of Holbrook, New York; Richard Breier of Holbrook, New York; Josh Medina of Selden, New York; and Louis Fenech of Sayville, New York; and
           "WHEREAS, The Civil Air Patrol makes a huge impact each and every day, going above and beyond to make a profound difference in America's communities; and
           "WHEREAS, This occasion presents a

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unique opportunity for this Legislative Body to recognize and pay tribute to the members of the Colonel Francis S. Gabreski Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard; and
           "WHEREAS, It is the sense of this Legislative Body that when organizations of such noble aims and accomplishments are brought to our attention, they should be recognized by all the citizens of this great Empire State; now, therefore, be it
           "RESOLVED, That this Legislative Body pause in its deliberations to commend the Colonel Francis S. Gabreski Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard and its members upon the occasion of presenting the colors at the start of the session of the New York State Senate; and be it further
           "RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to Colonel Jack Ozer, New York Wing, Civil Air Patrol, and the aforementioned members of the Colonel Francis S. Gabreski Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard."

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           THE PRESIDENT: Thank you.
           Senator Seward on the resolution.
          
SENATOR SEWARD: Thank you, Mr. President.
           I am delighted to sponsor this resolution, along with my colleagues Senators LaValle, Flanagan, and Zeldin.
           It's an honor and a privilege to rise and recognize the members of the Colonel Francis S. Gabreski Cadet Squadron from the Long Island Group of the New York Wing of the Civil Air Patrol Color Guard.
           You know, in recent years it's become a wonderful tradition here in the Senate that early in our legislative session we have the color guard from a cadet unit of a Civil Air Patrol come and present the colors in such a noble and respectful way. And today has been no exception at all. A wonderful job on behalf of our cadets presenting the colors today.
           You know, as many of you know, the Civil Air Patrol is a volunteer nonprofit auxiliary of the United States Air Force. And we mainly think of the Civil Air Patrol as helping in providing emergency services throughout the

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State of New York, including such things as forest fire protection, disaster relief service, guaranteed communications, and all aspects of aircraft emergency assistance.
           Many have come to know just this past fall the important work by the Civil Air Patrol during response to Superstorm Sandy. You know, Civil Air Patrol members have assisted FEMA, the Army Corps of Engineers and various disaster relief groups with air transportation, staffing of shelters, and countless other vital services.
           But in addition to all of this outstanding service and work for the people of the State of New York, one of the best things that the Civil Air Patrol does is also encourage activities to help develop young people into responsible citizens. And they do that through their outstanding cadet program.
           You know, the color guard team that we are honoring today is comprised of exceptional young adults in the Civil Air Patrol's cadet program. This cadet program, which is designed for young adults ages 12 through 18, aims to develop essential life skills and instill values,

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including such things as teamwork, personal integrity, leadership, respect, and self-confidence, just to name a few. And all of our cadets who are with us today, they certainly are developing all of those outstanding characteristics.
           So we're honored to have the entire team with us today, along with several fellow members of the Civil Air Patrol.
           Our color guard team is accompanied today -- and I'd like to just acknowledge these individuals with them -- Lieutenant Colonel Louis Fenech, Lieutenant Colonel Tom Carello, Lieutenant Colonel Jerry Marketos, and First Lieutenant Edward Nelson. We're delighted to have all of them with us today accompanying our color guard.
           I'm very sorry that Civil Air Patrol Lieutenant Colonel Andrew Liddle, one of my constituents, was unable to attend today. But he's been involved as a government relations advisor for many years of the Civil Air Patrol. In fact, he was responsible for getting me involved with the Civil Air Patrol back in my district. And I'm very, very sorry that

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Andy Liddle is not with us here today; I know he wanted to be here. He helped start this new tradition of bringing cadets to the State Senate every year, and we're sorry he was unable to be here.
           You know, cadets here today come from the Senate districts that are actually represented by Senator LaValle, Senator Flanagan, and Senator Zeldin, and they may wish to make some comments as well.
           But I offer my heartfelt congratulations to all for their achievements, and thank you for all that you do for the people of the State of New York, particularly our cadets.
           Thank you, Mr. President.
           THE PRESIDENT: Thank you, Senator.
           Senator LaValle to speak on the resolution.
          
SENATOR LaVALLE: Thank you, Mr. President.
           First, let me say to the cadets: Thank you for coming to Albany, thank you for your volunteerism, thank you for what you did during Hurricane Sandy. And you are truly very,

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very responsible individuals.
           And while I haven't had a chance to talk to you -- but I will -- I do know that today's trip to Albany, while you got up early and you came here, was a good experience and you got to discuss and debate some of the issues of the day. So I think you're going back to Long Island with some additional knowledge.
           Let me just say to the body that this cadet unit squadron is housed at the Francis Gabreski Airport. And at that site is the location of the 106th Air National Guard that has been famous for a lot of saves during Perfect Storm and a lot of other critical saves across very treacherous waters.
           So I'm sure that just being at and part of a very historic group and a nationally recognized group helps you look into the future. And maybe, for some, that will be something that you want to do as a vocation.
           Again, thank you for the interest that you show and the things that you do each and every day. And you're great role models at your schools for other students.
           THE PRESIDENT: Thank you, Senator.

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           Senator Flanagan.
          
SENATOR FLANAGAN: Thank you, Mr. President.
           I just want to join in the comments of Senator Seward and Senator LaValle and, in absentia, I want to add the voice of Senator Zeldin. He is serving our country right now on some military training, so he's meeting his obligations elsewhere. So I'm proud to know that he's doing that.
           But it's always nice to have constituents here. It's great to have young leaders who exemplify the values that we all hope to see in our own children. And I hope that you have a great visit here. We look forward to having you come back. And keep up the great community-minded service that you always provide.
           Thank you.
           THE PRESIDENT: Thank you, Senator.
           Senator Griffo.
          
SENATOR GRIFFO: Thank you, Mr. President.
           I also want to extend our thanks to all of these young cadets for their service and their dedication and commitment and tell you how

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proud we are of each and every one of you for your interest and what you are trying to do to become so involved and be such an important part of such a worthy and valuable organization.
           I also want to express our appreciation to all of the adult officers and advisors who are with the group. I am fortunate to have Lieutenant Colonel Jerry Marketos as a member of my district, a constituent, and I know how hard he works. And I appreciate all of their hard work and diligence in working with these young men and women.
           So again, thank you all. We sincerely appreciate all of your efforts and service.
           THE PRESIDENT: Thanks, Senator.
           Any other members wishing to speak on the resolution?
           (No response.)
           THE PRESIDENT: Seeing none, the question is on the resolution. All in favor signify by saying aye.
           (Response of "Aye.")
           THE PRESIDENT: Opposed, nay.
           (No response.)

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           THE PRESIDENT: The resolution is adopted.
           First of all, I want to thank you and ask that we all join in a round of applause for our Civil Air Patrol.
           (Applause.)
           THE PRESIDENT: Thank you very much. And thank you for your service.
           Senator Libous.
          
SENATOR LIBOUS: Mr. President, Senator Seward would like to open up the resolution for everyone to go on it. So if for any reason there's a member who chooses not to be on the resolution, just let the desk know. Otherwise, everybody's name will be on the resolution.
           THE PRESIDENT: Thank you, Senator. The resolution is open for cosponsorship. Anyone who does not want to be a cosponsor should notify the desk.
           Senator.
          
SENATOR LIBOUS: Mr. President, at this time, on behalf of Senator Skelos and Senator Klein, I want to hand up the following Majority Coalition appointments.

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           THE PRESIDENT: To be filed.
          
SENATOR LIBOUS: Thank you, Mr. President.
           And in consultation with Senator Gianaris, I hand up the following Democratic Conference committee appointments.
           THE PRESIDENT: To be filed.
           Senator Libous.
          
SENATOR LIBOUS: Mr. President, at this time the Senate will stand at ease. When we come back in, I will announce a time and a place for a Rules Committee. I wish I could be more specific on when we would come back in, but I would ask members to stay close.
           And the Senate will now stand at ease.
           THE PRESIDENT: The Senate will stand at ease.
           (Whereupon, the Senate stood at ease at 5:07 p.m.)
           (Whereupon, the Senate reconvened at 9:28 p.m.)
          
SENATOR LIBOUS: Mr. President.
           THE PRESIDENT: Senator Libous.
          
SENATOR LIBOUS: I'd like to call a

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meeting of the Rules Committee at 9:45. There will be a meeting of the Rules Committee at 9:45 in Room 332.
           THE PRESIDENT: Rules Committee, 9:45, in Room 322.
           And the Senate is back at ease.
          
SENATOR LIBOUS: Thank you.
           (Whereupon, the Senate stood at ease at 9:29 p.m.)
           (Whereupon, the Senate reconvened at 10:50 p.m.)
           THE PRESIDENT: Senator Libous.
          
SENATOR LIBOUS: Thank you, Mr. President.
           May we return to reports of standing committees. I believe there's a report of the Rules Committee at the desk.
           THE PRESIDENT: Reports of standing committees.
           The Secretary will read.
           THE SECRETARY: Senator Skelos, from the Committee on Rules, reports the following bills direct to third reading:
           Senate Print 2230, by Senator Klein, an act to amend the Criminal Procedure Law;

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           And Senate 2107, by Senator Skelos, Concurrent Resolution of the Senate and Assembly proposing an amendment to Article 3 of the Constitution.
           THE PRESIDENT: Senator Libous.
          
SENATOR LIBOUS: Mr. President, I move to accept the report of the Rules Committee at this time.
           THE PRESIDENT: All in favor of accepting the Rules Committee report signify by saying aye.
           (Response of "Aye.")
           THE PRESIDENT: Any opposed?
           (No response.)
           THE PRESIDENT: The report is accepted.
           Senator Libous.
          
SENATOR LIBOUS: Mr. President, now if we could go to the calendar, could we please take up Calendar Number 1 at this time.
           THE PRESIDENT: The Secretary will read.
           THE SECRETARY: Calendar Number 1, by Senator Klein, Senate Print 2230, an act to amend the Criminal Procedure Law.

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SENATOR LIBOUS: Is there a message of necessity at the desk, Mr. President?
           THE PRESIDENT: Senator Libous, there is.
          
SENATOR LIBOUS: I move that we accept the message of necessity at this time.
           THE PRESIDENT: All in favor of accepting the message of necessity signify by saying aye.
           (Response of "Aye.")
           THE PRESIDENT: Any opposed?
           (No response.)
           THE PRESIDENT: The message is accepted.
           Read the last section.
           THE SECRETARY: Section 58. This act shall take effect immediately.
           THE PRESIDENT: Call the roll.
           (The Secretary called the roll.)
           THE PRESIDENT: Senator Klein to explain his vote.
          
SENATOR KLEIN: Thank you, Mr. President.
           When the voters send us to Albany each and every year, they expect us to deliver

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results. And I'm proud to say that today, after working in a bipartisan fashion with Governor Cuomo, Senate Republican Leader Dean Skelos, Assembly Speaker Silver, and Senator Cousins, we have delivered.
           In this package not only are we addressing all of the major issues that we set out to fix, but we have done so in an inclusive and bipartisan way that has provided us with a comprehensive bill that so many of us can really be proud of.
           As we have said all along, this is not about taking anyone's rights away but about securing the right of all New Yorkers to live in a safe and free society.
           Make no mistake, we have long been at the forefront of this fight. But today we solidify our place as a national leader on gun control. After all, this package recognizes the constitutional right that every citizen has to protect themselves while also recognizing that right is not absolute and should not come without reasonable common-sense restrictions.
           I believe this is the most comprehensive and tough gun-control package

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you'll see anywhere in the country. From this day forward, we are banning assault weapons, we are eliminating high-capacity magazines, we're reforming Kendra's Law, we're providing life in prison for those who take the life of a first responder.
           We are finally getting serious about illegal guns and finally increasing penalties on the criminals who use the black market to rob, assault, or even kill innocent law-abiding citizens. And we are doing all of this by making critical choices that finally begin to tackle the complex issues of mental health and gun ownership.
           For that reason, I'd like to thank Governor Cuomo for his leadership on this effort as well as Senator Skelos again, the Assembly Speaker, and of course Senator Cousins for their steady and thoughtful leadership throughout this legislative process.
           Mr. President, I hope my colleagues will join me in voting yes on this landmark legislation.
           Thank you.
           THE PRESIDENT: Thank you, Senator.

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           Senator Smith to explain his vote.
          
SENATOR SMITH: Thank you very much, Mr. President.
           Let me first thank Conference Leader Klein, Conference Leader Skelos, and Conference Leader Andrea Stewart-Cousins. I believe the three of them have put together what I believe to be a package obviously that the Governor has worked very aggressively on, a package of legislation that I believe and we all know will put New York State at the forefront of gun legislation throughout the country.
           We now will have the distinction of having the most aggressive and most sweeping legislation as it relates to not only making sure that gun legislation is of a quality that will keep our citizens safe, but also one that deals with increased penalties.
           In many of our urban centers -- Syracuse, Rochester, Albany, in particular New York City -- we've had a rash of illegal gun activities that has taken the lives of a number of young people throughout this city. Many of you are familiar with some of them. One of them was here today, a young lady by the name of

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Donna Hood, who lost her son of 13 years old walking home simply from school.
           The section of this particular bill, Mr. President, that deals with increased penalties I have been working on for quite some time, along with some of my other colleagues. And while I know their names are not in this particular bill, one of the things that our stenographers do is take down all that is said, which helps memorialize some of what we talk about on this floor. And in that vein, I would like to be able to memorialize through my statement here just a few names around the illegal penalties and dedicate certain sections to them.
           There is a section of the bill that deals with possession of loaded firearms during any drug sale of violent felons. That penalty goes from a C felony to a five-year mandatory minimum. That would be dedicated to Shanee Johnson's son, who was 17 years old.
           There is a section here that deals with illegal guns on school grounds, goes from a Class A felony to an E felony. That would be dedicated to Donna Hood, who lost her son,

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13 years old, young man driving down the street.
           Then there would be also the injury to a child with an illegal gun weapon in the reckless area, and that is a Class A misdemeanor to a Class D. That would be dedicated to Lloyd Morgan, four years old, young man in the Bronx.
           And then of course there is targeting illegal possession of guns by gangs. And that in particular would be dedicated to Kenneth Archbold, who was in Harlem.
           I want to thank my colleagues today for the work that they're doing today. I want to thank again Senator Klein, Senator Skelos, Senator Andrea Stewart-Cousins, and the Governor in particular for this effort.
           I think today we are setting the mark for the rest of the country to do what's right by the people of the State of New York and to do what's right by the country. I'll be voting aye, Mr. President.
           Thank you very much.
           THE PRESIDENT: I just would ask the Senators, we have a two-minute time frame for explaining your vote.

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           Senator Peralta.
          
SENATOR PERALTA: Thank you, Mr. President.
           As the sponsor of 14 gun bills, I couldn't be happier to see long-overdue action finally taken on common-sense measures to protect New Yorkers from gun violence.
           From revoking the gun permits and confiscating the firearms of domestic abusers and the mentally ill, to requiring background checks and law enforcement oversight for private gun sales and ammunition purchases, to requiring periodic statewide recertification of gun licenses, a good deal of the legislation I have sponsored and fought for is in this package.
           After what we saw happen in Newtown, Connecticut, and in Rochester, strengthening New York's assault-weapons ban became an urgent and pressing priority, and we are adopting perhaps the toughest assault-weapons ban in the country.
           I applaud the Governor for his perseverance and his commitment. Above all, I want to thank him for his leadership. Making it harder for criminals to get guns and keeping

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firearms out of the hands of the mentally ill are essential steps in the fight against gun violence.
           We also need to make it easier for law enforcement to put gun criminals in jail by making use of available technology. That's why we need to enact microstamping legislation, which has the support of police and prosecutors throughout the state. And there's absolutely no logical, coherent reason for not requiring microstamping in New York, or at least not one that has been articulated yet.
           We're told that requiring microstamping will put our state's gun manufacturers out of business. Yet one of the reasons we needed to toughen New York's assault-weapons ban is because many high-powered rifles now in production are exempted from the current ban. Why? Because manufacturers altered their products to circumvent the law. So ignoring the law is profitable, but complying with a microstamping requirement would be bad for business. That's a business model that has no business in New York.
           In addition to making it harder for

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criminals to get guns, we need to make it easier for law enforcement to put gun criminals in jail. Longer jail sentences won't make a difference if we're not catching the people who need to be locked up.
           And please, let's not waste any more time on the nonsense that a microscopic code on a shell casing constitutes an assault on the Second Amendment rights of sportsmen and law-abiding gun owners. New Yorkers deserve better than that, especially those waiting on justice for a loved one lost to gun violence.
           As I said, as the sponsor of 14 gun bills, I couldn't be happier to see long overdue action finally taking place. Mr. President, I will voting yea.
           THE PRESIDENT: Thank you, Senator.
           Senator Gianaris to explain his vote.
          
SENATOR GIANARIS: Thank you, Mr. President.
           An achievement as significant as this requires a lot of thanks to go around. Governor Cuomo certainly deserves our thanks for shepherding this legislation through the

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process. Senator Skelos deserves our thanks, Senator Klein as well. But most of all, it's Senator Stewart-Cousins and the Democratic Conference I want to spend my two minutes thanking this evening.
           There are no fewer than seven components of the legislation we're about to vote on that are carried in individual pieces of legislation by members of this conference. You heard Senator Peralta discuss some of his proposals. Senator Squadron has an assault-weapons-ban bill very similar to what's in this bill. I myself carry the universal background check legislation that is contained in this bill.
           And I think what we're going to see on our side of the aisle is a tremendous vote in support of this legislation because of the importance that it presents to the people of this state. We see tragedy after tragedy around this country, and most recently in New York State itself, caused by the types of weapons that we are taking action against this evening.
           Make no mistake, we are saving lives by passing this bill tonight. And for that,

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everyone in this chamber has my thanks, whether it's for simply allowing it to come to a vote or for casting a vote in favor, because tonight we are making a difference for the people of this state.
           Thank you.
           THE PRESIDENT: Thank you, Senator.
           Senator Squadron to explain his vote.
          
SENATOR SQUADRON: Thank you, Mr. President.
           And I too want to thank the Governor for his leadership in pushing this forward, ensuring that we got here the first regular day of session the kind of action that people have been clamoring for for so long on guns. In fact, in October I called for an emergency special session to deal with exactly this issue. And today the Governor is pushing this forward.
           I thank the conference leaders for allowing this to come to a vote today and for their work, and our conference leader on the Democratic side, Andrea Stewart-Cousins, for her leadership on these issues over a great deal of time, as well as the Assembly and the

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Assembly Speaker.
           The assault-weapons ban in this bill makes us best in the nation when it comes to banning the kind of military-style weapons that have no business being on the street or in the hand of civilians, period. Instead of having the two-feature model, instead of listing specific weapons, we say any one of these features that basically makes a weapon an assault weapon, allows it to do the kind of damage that we've seen again and again in horrific tragedies, makes guns no longer legal, period.
           It also says that for the first time the Superintendent of State Police is going to be telling us which guns aren't legal. So if manufacturers try to get ahead of this ban, the Superintendent of State Police is going to be right on their heels making sure that we do not have assault weapons that are legal in this state.
           And the sale, the transfer, and the possession -- other than with very strict registration requirements -- will be banned. It's a very big deal, it's very significant, along with the other components of this bill.

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           And I am pleased that this assault-weapons ban that I and the Governor and so many others have been pushing for for so long finally sees the light of day tonight and hopefully gets passed into law.
           Thank you, Mr. President.
           THE PRESIDENT: Thank you, Senator.
           Senator Krueger to explain her vote.
          
SENATOR KRUEGER: Thank you, Mr. President.
           I also rise to take a moment to say this house, the other house, and the Governor are doing a good thing tonight.
           It's not a perfect bill. I think we all could name things we wish were included. For me, it's a strong statement that New York is getting tough on guns, that New York is making sure that we are not going to see continued levels of violence in our communities.
           It's not the final step. I hope the important message that is seen here tonight coming from New York is the importance of national legislation. I hope our colleagues in Washington, D.C., understand the relationship between the steps we're taking here tonight in

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New York and the importance of ensuring that we have parallel and even stronger protections built in at the federal level.
           Because you and I and all my colleagues know that our authority stops at the state border. And if others are allowed to continue the practices that we are outlawing here in New York in the surrounding states, we will continue to see problems.
           And so I hope that the message is loud and clear coming from Albany and New York State tonight that we are taking important steps that must be replicated state by state and at the national level.
           I vote yes, Mr. President. Thank you.
           THE PRESIDENT: Thank you, Senator.
           Senator Gipson to explain his vote.
          
SENATOR GIPSON: Thank you, Mr. President. I'm grateful to have this opportunity to talk about this bill tonight.
           I think it's important that the voters know that it's been only about two hours since we've had the chance to look over the details of this bill. And I myself, as a newly

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elected official here who came here to participate in democracy, I find it unfortunate that we're not having the chance to debate this bill with all the Senators here.
           I frankly think that with all the talent in this room on both sides of the aisle, we could have done a lot better. And I hope that in the future, on future bills, we will have a chance to do better.
           Having said that, I do want to say that I'm happy to see that this bill does not impose undue restrictions on the many sportsmen in my district. I come from a district that has many hunters, many sportsmen. And I'm happy to see that this still gives them the freedom to do what they enjoy doing in a safe way.
           I just have to say that while the bill is not perfect, I cannot help but continue to think about the many children that have been killed with gun violence that will no longer have a chance to celebrate their birthdays, no longer have a chance to celebrate holidays, that are no longer with us. And I could not in good faith do anything more than support this bill.
           So I will be voting yes for this

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bill.
           THE PRESIDENT: Thank you, Senator.
           Senator Parker to explain his vote.
          
SENATOR PARKER: Thank you, Mr. President.
           Let me join my colleagues and add my voice to the chorus of those who are congratulating both the Governor and the members of this body in terms of them getting this bill together, an important work that has to happen.
           We oftentimes pass laws that look for an outcome. Today, tonight, we're making history by passing a law that will avoid outcomes, outcomes like we saw in Newtown. And we are hoping that this bill will make New York safer and stronger than it was yesterday and that we'll use this as a stepping-off point to do even more to make the residents of our state the safest residents in the country.
           And I want to echo Senator Peralta when he calls for microstamping. And there's a couple of other initiatives that we on the Democratic side of the aisle have been pushing for that hopefully will be the next steps in terms of making sure that people, and

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particularly our children, are safe from gun violence.
           I'll be voting aye.
           THE PRESIDENT: Thank you, Senator.
           Senator Diaz to explain his vote.
          
SENATOR DIAZ: Thank you, Mr. President.
           Happy New Year to all of you.
           This is a bill that I find is not as strong as the Governor was bragging about that it would be. It's not as strong in the ban on assault weapons. It's a bill. I understand the Governor had to come down so -- to allow Jeff Klein to convince Dean Skelos to submit the bill to the floor.
           But ladies and gentlemen, remember -- and I'm voting yes -- remember that more than 32 Democratic Senators are voting for this bill tonight. So this is a Democratic, this is a Democratic bill. Even though we are not in control in the chamber, I want everyone to know that this is -- we are -- more than 32 Democratic Senators, we are voting for this bill. So this is our bill. And we Democrats are the ones putting this together.

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           I'm voting for it, but yet knowing -- knowing, ladies and gentlemen, knowing that even though I'm voting for it to give the opportunity for crime to come down, I know and you should know that this would not make a difference in crimes. It's the mind. Not until we work on people's minds.
           We have lost respect for life, we have lost respect and fear of God. We have lost everything that make people respect one to another. And not until we go back to those standards, nothing, nothing going to control crimes and nothing going to control this.
           I'm voting for it, but I assure you there's nothing going to change. It's the mind. It is not the weapon, it's not the revolver, it is not the rifle. It's the mind.
           Thank you very much.
           THE PRESIDENT: Thank you, Senator.
           Senator Espaillat to explain his vote.
          
SENATOR ESPAILLAT: Thank you, Mr. President.
           I want to also congratulate the leaders of the Legislature, the Governor on the

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second floor for this initiative.
           But make no mistake about it, it is the outrage of millions and millions of Americans that has manifested itself across the country after the tragedies that have shaken all of us, that have propelled us to take this action. It is the outrage of our nation and our state regarding the tragedies in Connecticut and other states that have now brought us here together to ignore partisanship and work on common ground to begin the work on gun control.
           Because this is not the end of it, this is just the beginning of it. And there are still many measures that must be considered and taken to ensure that our families have a better shot, a better opportunity at living safely in their communities. And there are some provisions that we feel are very necessary and strong provisions that are not included in this bill.
           So let this be the beginning of a robust dialogue and debate throughout this legislative session to improve on matters of gun control. And let it not be just limited to a piece of legislation. I think we need to bring this debate to the budget process. We must make

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sure that the budget of this state includes funding for programs that have shown to eradicate guns from the streets of the City of New York and the urban settings in our state.
           It is not just the assault weapons that are causing damage and killings across the state. Guns, handguns are used readily and daily across most of the urban cities of this state, and we must address that issue. And we can do that not only with regards to public policy or passing legislation, but we should also ensure that this incentive and this initiative is reflected in the budget process.
           Yes, even within a very difficult budget year, we must take into consideration that the programs that are necessary for law enforcement and for communities to eradicate guns from their corners are implemented across the State of New York.
           I stand to vote aye on this bill, and I think it's the beginning of a debate, not the end of this process.
           Thank you.
           THE PRESIDENT: Thank you, Senator.
           Senator Adams to explain his vote.

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SENATOR ADAMS: Thank you, Mr. President.
           I want to thank Senator Klein for bringing this important bill to the floor and allowing us to vote on it.
           It seemed like it was only yesterday that I visited a gun shop right here in Albany and was able to purchase a high-capacity magazine. And people said it was impossible, when I introduced the legislation to began ban those magazines, they said it would never happen. It seemed like only yesterday when I drove from upstate carrying an assault rifle to the border of Yonkers on Broadway, able to walk into the Bronx with that assault rifle. And I stated we need to ban these assault rifles, and people said it was impossible.
           And so the impossibility actually came to reality today as we're voting on these legislations and these bills that are clearly going to turn the corner on what we're doing in New York City. And hopefully Washington, D.C., will understand the importance and the importance of banning assault rifles will resonate throughout the entire country.

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           It's one thing for New York City to have strong gun laws, but when you can walk into any gun shop in Albany with just a driver's license and pick up an AK-47 or pick up any other assault rifle and walk into New York City, then we're failing. We must ban assault rifles. And Senator Peralta is right, and Senator Espaillat is right. It's more than just assault rifles.
           Because we not only mourn the death of children who are shot by AK-47s in classrooms, we mourn the death of children who are shot on playgrounds with 9 millimeters or .38 or any gun. The death of a child, a parent doesn't mourn different based on the geographical area that they were shot. We must deal with the sick fascination we have with gun violence.
           And I will be voting aye.
           THE PRESIDENT: Thank you, Senator.
           Senator Ball to explain his vote.
          
SENATOR BALL: Good evening, everybody. How are you? It's good to be in the State of New York.
           You know, it's amazing, I got a letter from a mother in my district. And that mother has a bipolar child who's schizophrenic,

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and she fears for her life and the lives of her neighbors every day. And the mental health system in the New York State has failed her repeatedly. It's a kangaroo system, and that child will be treated like a number and a ticking time bomb to go off.
           And that single mom doesn't have the support from this state or that system to care for that child. And tonight we preach about saving lives.
           Not long ago I think a woman was in Georgia, she has several young children, her husband showed her how to shoot. Somebody broke into her home, came after her, she shot him I believe six times. Tonight we're going to pass legislation that if she had eight rounds in that chamber instead of seven, she'd be a criminal.
           We haven't saved any lives tonight except for one, the political life of a governor who wants to be president.
           We have taken an entire category of firearms that are currently legal that are in the homes of law-abiding, taxpaying citizens -- as a legislature that believes in its power to the extent where you actually profess you're

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magically saving lives, we are now turning those law-abiding citizens into criminals.
           And tomorrow hoping that on the front pages we will be seen as preventing tragedies. Yet that single mom will wake up tomorrow with that bipolar child who's schizophrenic and violently mentally ill, and we will have done nothing.
           Good night. And I voted no, and I only wish I could have done it twice.
           THE PRESIDENT: Thank you, Senator.
           Any Senators wishing to explain their vote?
           Senator Marchione.
          
SENATOR MARCHIONE: I rise to explain my no vote as well.
           I truly believe that the Second Amendment constitutional freedoms of every New Yorker tonight has been weakened and will be weakened by the passage of this new restrictive gun law.
           I felt -- I feel that it was a shame that our Governor felt the need to use a message of necessity.
           Because we talk about transparency

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and we talk about wanting our people within our districts to be able to give us their opinions and to have public hearings and to hear about the process, and to make sure it's open and transparent, yet we get legislation on our desks for less than 20 minutes and we're voting on something through a message of necessity.
           Law-abiding citizens who own guns are not our problem. Law-abiding citizens understand, know how to take care of their guns not to be a danger to others. Mentally ill people and criminals who have guns, who will have guns whether or not this legislation is passed -- because they will get guns illegally. Most of them do.
           All of us in this room tonight care deeply about the tragedies that have occurred in our state and in other states. But do you realize that out of all of those incidences, they're males between 18 and 34? And in only one instance it wasn't mental illness. We need to look at mental illness.
           When I look at this bill tonight, I see some good things. I see how we're looking at Kendra's Law and Mark's Law. I see how we're

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looking to give schools money to help them. But I'd like to see the bill split so in good conscience I can continue to vote no on legislation that I believe takes away the rights, constitutional rights of our law-abiding citizens who choose to want to have guns.
           I will be voting no on this bill.
           THE PRESIDENT: Thank you, Senator.
           Any Senators wishing to explain their vote before we close?
           Seeing none, announce the results.
           THE SECRETARY: In relation to Calendar Number 1, those recorded in the negative are Senators Ball, Bonacic, DeFrancisco, Farley, Gallivan, Griffo, Larkin, Libous, Little, Marchione, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Seward and Young.
           Ayes, 43. Nays, 18.
           THE PRESIDENT: Bill Number 2230 is passed.
           Senator Libous.
          
SENATOR LIBOUS: Mr. President, could we have some order in the chamber.
           THE PRESIDENT: Order in the chamber, please.

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SENATOR LIBOUS: Thank you, Mr. President.
           Could we lay aside the remainder of the calendar for the day, please.
           THE PRESIDENT: So ordered.
          
SENATOR LIBOUS: Is there any other business at the desk?
           THE PRESIDENT: There is none.
          
SENATOR LIBOUS: Mr. President, there being no further business, I move that we adjourn until Tuesday, January 15th, at 11:00 a.m.
           THE PRESIDENT: On motion, the Senate stands adjourned until Tuesday, January 15, at 11:00 a.m.
           (Whereupon, at 11:21 p.m., the Senate adjourned.)