Regular Session - April 4, 2005
1719
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 4, 2005
11 3:19 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: Senator Bruno.
10 SENATOR BRUNO: Madam President,
11 Rabbis, Father Young, colleagues, I would
12 respectfully ask all in the chamber that we
13 open this session in honor of the memory of
14 our very, very close friend and colleague,
15 Patricia -- Pat -- McGee, who, as you all
16 know, passed away at 8:30 Saturday night and
17 won't be with us here in this chamber
18 physically, but she will be here with us
19 spiritually.
20 Thank you, Madam President.
21 THE PRESIDENT: With us this
22 afternoon to give the invocation is Rabbi
23 Shmuel M. Butman, from Lubavitch Youth
24 Organization in Brooklyn, New York.
25 RABBI BUTMAN: When God is with
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1 you, you get to meet Mary Donohue twice on the
2 same day. We did that before, and it's really
3 a pleasure.
4 Let us pray together.
5 [In Hebrew.] Our heavenly Father,
6 we ask You to bestow Your blessings upon the
7 Senate of the State of New York. Bless them
8 and their families with all good blessings of
9 health and prosperity and the power to
10 continue the good work that they have been
11 doing until now.
12 You have been blessed, each and
13 every single one of you. You are the
14 representatives of the people of the great
15 State of New York, and you legislate laws that
16 govern society, laws that introduce goodness
17 and kindness and honesty and decency to all
18 the citizens in this great State of New York
19 and, through them, to the people in the United
20 States, and by extension to all the people in
21 the world. Which means you in this chamber
22 make the world a better place.
23 We are so glad that you have
24 dedicated 103 days of education in honor of
25 the Rebbe. The Rebbe is the one who worried
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1 and worries for the education of every child
2 regardless of race, religion, color and creed.
3 And the Rebbe tells us that we live
4 in a special generation. This is the last
5 generation of exile and the first generation
6 of redemption. And we can bring that great
7 redemption even closer by doing more deeds of
8 goodness and kindness.
9 And talking about deeds of goodness
10 and kindness, in 1991 I opened a much smaller
11 chamber than this, the United States Senate in
12 Washington. The Rebbe told me I should take a
13 pushkeh with me -- a pushkeh is a charity
14 box -- and then I should invite -- in the
15 opening I should put in a dollar, on which it
16 says "in God we trust," in the pushkeh, so
17 that everyone should know that they have an
18 obligation to give charity and do the right
19 thing.
20 So although this is not a
21 fund-raising campaign, but if you want to join
22 us after that in doing an act of goodness and
23 kindness, that would be greatly appreciated.
24 And now I would like to do exactly
25 what the Rebbe asked me to do, and put in this
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1 dollar into the pushkeh, so that we do another
2 act of goodness and kindness. And that we
3 show the example as to what money has to be
4 used for, as the Rebbe told us.
5 In all our shuls, in all our
6 synagogues every Saturday, I want you to know,
7 we say a special prayer for each and every
8 single one of you. We say the [in Hebrew],
9 which means all those who serve the public
10 faithfully, as you do, may almighty God reward
11 their noble deeds.
12 We are too small to reward you for
13 the wonderful things that you are doing, but
14 almighty God, He Himself is the one who can
15 reward you for those good deeds that you are
16 doing and that you will continue to do.
17 And may God's blessing be upon you
18 and your families for health and for
19 happiness, for long life and for gladness of
20 heart. May God bless you, all of you.
21 Thank you.
22 THE PRESIDENT: Also with us this
23 afternoon to speak with us is the Reverend
24 Peter G. Young, from Blessed Sacrament Church
25 in Bolton Landing, New York.
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1 REVEREND YOUNG: When we speak
2 and meet in session today, we share our
3 friendship while advocating our own
4 constituency's agenda.
5 One of our peers, from the 57th
6 District, has suddenly left a void in our
7 Senate chamber. Her chair is represented by,
8 today, red roses.
9 Her death leaves us with a sorrow
10 that will not only be felt in the Olean and
11 Jamestown area, but here where Senator McGee
12 gave a voice to the agricultural community but
13 respect, then, to all of her coworkers and
14 friends here in the capital.
15 May we continue to follow her
16 example of hospitality, dedication and
17 commitment to the citizens of New York State.
18 We take this opportunity to pray
19 for an eternal reward for her outstanding
20 dignity and sensitivity as a member of this
21 esteemed Senate body.
22 Amen.
23 THE PRESIDENT: Senator Marchi.
24 SENATOR MARCHI: Madam President,
25 it's indeed a fortuitous set of circumstances
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1 that bring us all back together again.
2 Rabbi Butman is not a stranger
3 here. He has been with us on many occasions,
4 and it's always been a joyous matter. He
5 represents, with his colleagues, over a
6 thousand years of continuous sharing of
7 experiences, and very broad in his
8 application.
9 I remember the first time they
10 invited me over to meet the Rebbe, there
11 were -- I stayed a solid hour at that time,
12 and I was spellbound. He had been educated in
13 the University of Paris, I believe, and he had
14 had the benefit of a very wide education.
15 And if he were here now, you'd be
16 very happy to hear him, because he represented
17 all that we felt was sacred not only to our
18 own particular view of our theology, but he
19 strengthened everybody's understanding of that
20 theology, that we are not -- we are not just
21 animals or creatures of God of a lower order,
22 but members of a great fraternity that they
23 represent so well, and that throughout the
24 world, in small numbers but significant
25 numbers, small numbers who remind us of the
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1 great significance of their presence. They go
2 into Maimonides, they go into the great people
3 who gave fire and emphasis to all of the
4 things and experiences we felt.
5 So it's always a joy. I'm along in
6 years, along with some of you -- but you're
7 all younger than I am, I guess. And as long
8 as it lasts, believe me, I think it fills us
9 with a feeling of joy, of jubilation that you
10 are here, because you have so much to point to
11 in terms of reinforcing every spiritual
12 feeling that runs into this wide society.
13 Whether they're members of your religion,
14 particularly, but you strengthen that
15 throughout the world.
16 So it's indeed a joy to see you
17 again, and I'm sure you will find the same
18 spirit over in the Assembly when you visit
19 them, because you exemplify that which is so
20 important to the people, to the creatures of
21 God, that we are meant for a higher destiny
22 and we know it.
23 So again, it's been a great
24 pleasure to see you, sir, and your colleagues.
25 And I do hope I -- well, I just count it a
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1 blessing when I have an opportunity, Madam
2 President. You've got them right there, and
3 I'm sure that you appreciate the fact that
4 they are splendid people and that they
5 represent a tradition that goes back a
6 millennium, and over that, on the nature of
7 our spirituality and our culture.
8 This is everyone. There isn't a
9 person in this chamber who has not been
10 affected by them and those who preceded them
11 so nobly through the years.
12 So God bless you. And I'm very,
13 very proud to see you again and very happy in
14 this experience.
15 RABBI BUTMAN: Thank you very,
16 very much. Thank you, Senator.
17 Madam President, thank you very
18 much.
19 THE PRESIDENT: Reading of the
20 Journal.
21 THE SECRETARY: In Senate,
22 Sunday, April 3, the Senate met pursuant to
23 adjournment. The Journal of Saturday,
24 April 2, was read and approved. On motion,
25 Senate adjourned.
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1 THE PRESIDENT: Without
2 objection, the Journal stands approved as
3 read.
4 Presentation of petitions.
5 Messages from the Assembly.
6 Messages from the Governor.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Senator Fuschillo.
13 SENATOR FUSCHILLO: Madam
14 President, on behalf of Senator Morahan, on
15 page number 26 I offer the following
16 amendments to Calendar Number 380, Senate
17 Print Number 2044, and ask that said bill
18 retain its place on Third Reading Calendar.
19 THE PRESIDENT: The amendments
20 are received, and the bill will retain its
21 place on the Third Reading Calendar.
22 SENATOR FUSCHILLO: Madam
23 President, on behalf of Senator Seward, on
24 page number 25 I offer the following
25 amendments to Calendar Number 369, Senate
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1 Print Number 81, and ask that said bill retain
2 its place on Third Reading Calendar.
3 THE PRESIDENT: Those amendments
4 are also received, and that bill will also
5 retain its place on the Third Reading
6 Calendar.
7 SENATOR FUSCHILLO: Madam
8 President, on behalf of Senator Nozzolio, on
9 page number 12 I offer the following
10 amendments to Calendar Number 127, Senate
11 Print Number 1973, and ask that said bill
12 retain its place on Third Reading Calendar.
13 THE PRESIDENT: The amendments
14 are received, and the bill will retain its
15 place on the Third Reading Calendar.
16 Senator Spano.
17 SENATOR SPANO: Madam President,
18 can we proceed to the noncontroversial
19 calendar, please.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: Calendar Number
23 130, by Member of the Assembly Cahill,
24 Assembly Print Number 3627, an act to amend
25 the Alcoholic Beverage Control Law, in
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1 relation to a license.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 53.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 192, by Senator LaValle --
13 SENATOR SCHNEIDERMAN: Lay it
14 aside.
15 THE PRESIDENT: The bill is laid
16 aside.
17 THE SECRETARY: Calendar Number
18 317, by Senator Fuschillo, Senate Print 3016,
19 an act to amend the General Business Law, in
20 relation to rental vehicle companies.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 30th day.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 53.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 340, by Senator Marcellino, Senate Print 2852,
7 an act to amend the Criminal Procedure Law, in
8 relation to evidence.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 30th day.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 54.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 345, by Senator Skelos, Senate Print 3157, an
20 act to --
21 SENATOR SCHNEIDERMAN: Lay it
22 aside.
23 THE PRESIDENT: The bill is laid
24 aside.
25 THE SECRETARY: Calendar Number
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1 347, by Senator Volker, Senate Print 3256 --
2 SENATOR SCHNEIDERMAN: Lay it
3 aside.
4 THE PRESIDENT: The bill is laid
5 aside.
6 THE SECRETARY: Calendar Number
7 350, by Senator Morahan, Senate Print 3328, an
8 act to amend the Penal Law, in relation to
9 penalties for assault and manslaughter.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the first of
14 November.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 52. Nays,
18 2. Senators Duane and Montgomery recorded in
19 the negative.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 353, by Senator Maziarz, Senate Print 3336, an
24 act to amend the Penal Law, in relation to the
25 crime of surreptitious surveillance.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the first of
5 November.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 54.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 400, by Senator Maziarz, Senate Print 3234, an
13 act to amend the Labor Law, in relation to
14 standards and requirements.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 403, by Senator Robach, Senate Print 3521, an
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1 act to amend the Workers' Compensation Law, in
2 relation to the presumption.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55.
10 THE PRESIDENT: The bill is
11 passed.
12 Senator Spano, that completes the
13 noncontroversial reading of the calendar.
14 SENATOR SPANO: Can we now
15 proceed to the controversial reading of the
16 calendar.
17 THE PRESIDENT: The Secretary
18 will ring the bell.
19 SENATOR SPANO: Madam President.
20 THE PRESIDENT: Senator Spano.
21 SENATOR SPANO: Will you please
22 ring the bells to inform the members that
23 we're on the controversial reading of the
24 calendar.
25 THE PRESIDENT: Yes, we just -- I
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1 will again request the Secretary to ring the
2 bell so the members can get to their seats for
3 the controversial calendar.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 192, by Senator LaValle, Senate Print 838A, an
7 act to amend the Education Law, in relation to
8 reporting.
9 SENATOR SCHNEIDERMAN:
10 Explanation.
11 THE PRESIDENT: Senator LaValle,
12 an explanation has been requested.
13 SENATOR LaVALLE: Thank you,
14 Madam President.
15 This is legislation that we have
16 debated in prior years on this floor. This
17 bill has one important change in it that
18 resulted from prior debates on the bill, and I
19 will discuss what that change is.
20 This bill deals with nonimmigrant
21 students who come to this country to study
22 that have an M-1 or an F-1 visa. They have
23 received the visa, have indicated they are
24 coming to a school but then disappear, never
25 register. Or they come, register and then
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1 disappear.
2 What we do in this bill is to set
3 up certain reporting requirements. And that
4 when we report information of a student that's
5 missing to Homeland Security, we also report
6 this to the State Police.
7 One of the changes that we have
8 made in this legislation that differs from
9 prior years is we indicate that the New York
10 State Police shall not hold such person unless
11 it believes the person poses a threat to the
12 safety of the citizens of this state.
13 In prior debates, some of the
14 members were concerned that students would be
15 held against their will, they would be easy
16 targets and so forth.
17 Now, the reason once again for this
18 bill, we cannot, in the time that we live, in
19 the period of time that we live, post-9/11, be
20 too careful. We have to make sure that
21 students who come into our country to avail
22 themselves of quality education are here for
23 that purpose. And if they haven't registered
24 when they were supposed to register or they
25 registered and then disappear, we want to know
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1 where they are, whether they have, just
2 because of their youth, kind of taken off and
3 have become kind of playful, or they have
4 taken off to do not good things.
5 And we want to be able to have our
6 law enforcement people armed with the
7 information so that we are protecting, to the
8 greatest extent possible, our citizens.
9 We also ask our colleges to provide
10 information that the colleges have but is not
11 available, and that is the number of graduate
12 and undergraduate students by country of
13 origin and the number of students enrolled by
14 degree program and country of origin.
15 That information I know I sought
16 and could not get that information anyplace.
17 And so we are asking the colleges -- we're not
18 looking for individual names in that category,
19 but we want to know what countries are sending
20 students to our universities and what are they
21 studying. We want to know that.
22 We also set up penalties under this
23 legislation, because we want to make sure that
24 the colleges and universities understand the
25 importance of this in terms of the safety and
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1 the welfare of our citizens, considering what
2 took place after 9/11.
3 That's my explanation, Madam
4 President.
5 THE PRESIDENT: Does any other
6 member wish to be heard?
7 Then the debate is closed.
8 Senator Stavisky.
9 SENATOR STAVISKY: I'll explain
10 my vote instead.
11 THE PRESIDENT: All right. Thank
12 you, Senator.
13 Senator Schneiderman.
14 SENATOR SCHNEIDERMAN: Thank you.
15 Thank you, Gov -- Governor? -- Madam
16 President.
17 Would the sponsor yield for a few
18 brief questions.
19 SENATOR LaVALLE: Sure. Yes.
20 SENATOR SCHNEIDERMAN: Thank you.
21 Is there any other state in the
22 country that imposes a separate requirement
23 for reporting to its state police in addition
24 to the requirement imposed under the SEVIS
25 system for reporting to the federal
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1 government?
2 SENATOR LaVALLE: We believe that
3 states like Florida and Texas have reporting
4 to their state police.
5 SENATOR SCHNEIDERMAN: Through
6 you, Madam President, how long have those
7 systems been in effect?
8 SENATOR LaVALLE: I can't answer
9 that, Senator. But obviously it has to be
10 since 2001, would be my guess.
11 SENATOR SCHNEIDERMAN: And
12 through you, Madam President, if the sponsor
13 would continue to yield.
14 SENATOR LaVALLE: Yes.
15 THE PRESIDENT: The sponsor does
16 continue to yield, Senator Schneiderman. You
17 may proceed with a question.
18 SENATOR SCHNEIDERMAN: This
19 legislation as redrafted, and I appreciate the
20 effort to improve it, requires the officials
21 of the designated schools to report to the
22 federal government and also simultaneously to
23 report to the State Police, does it not?
24 SENATOR LaVALLE: Yes.
25 SENATOR SCHNEIDERMAN: And then
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1 this legislation goes on to require, quote,
2 the New York State Police shall immediately
3 notify the proper federal authorities.
4 That's in addition to the
5 requirement that the college officials notify
6 the federal authority.
7 SENATOR LaVALLE: Yes. And that
8 is obviously if they're encountering someone.
9 Now, we can't -- ideally, if the federal
10 government has this information, which they
11 do, ideally they should be reporting to every
12 state and every state police.
13 We can't mandate that. So the best
14 we can do is here in New York ensure that our
15 State Police are being vigilant and part of
16 the loop.
17 SENATOR SCHNEIDERMAN: Thank you.
18 And through you, Madam President, if the
19 sponsor would continue to yield.
20 SENATOR LaVALLE: Yes, I will.
21 THE PRESIDENT: Senator LaValle
22 does yield. You may proceed with a question,
23 Senator.
24 SENATOR SCHNEIDERMAN: This
25 legislation then goes on to require that the
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1 New York State Police shall not hold such
2 person -- referring, I guess, to the foreign
3 student -- unless it believes the person poses
4 a threat to the safety of the citizens of the
5 state.
6 How are the New York State Police
7 to make a determination as to whether or not a
8 person identified to them poses a threat to
9 the safety of the citizens of the state?
10 SENATOR LaVALLE: I would
11 imagine, Senator, that they would use the same
12 criteria as they do under Terry to stop and
13 frisk. That police, I think, are trained and
14 have a protocol in seeing individuals that are
15 in -- that either look suspicious or are in a
16 certain circumstance that they would stop them
17 and pursue a certain line of questioning and
18 so forth.
19 So that language, again, Senator,
20 was included because of prior debates where
21 people thought that law enforcement people
22 might be frivolous in their conduct in
23 stopping someone and retaining them for a long
24 period of time.
25 So I think what we are doing is
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1 really saying, you know, you need to go
2 through a protocol that is established before
3 you move forward and hold an individual for a
4 protracted period of time.
5 SENATOR SCHNEIDERMAN: Thank you.
6 Thank the sponsor.
7 Madam President, on the bill.
8 THE PRESIDENT: You may proceed
9 on the bill, Senator.
10 SENATOR SCHNEIDERMAN: I
11 sincerely appreciate, in a house where we
12 frequently see bills that come to us in the
13 same flawed form for more than a decade at a
14 time, anyone who attempts to work on a bill
15 and make it better.
16 I do feel that we have not got
17 before us today a bill that really fits
18 effectively into the existing framework for
19 law enforcement regarding foreign students.
20 The federal system, which is really
21 very, very new -- August 2004 marked the
22 one-year requirement for all international
23 students to register under the SEVIS system --
24 was designed to create a seamless flow of
25 information where everywhere in the United
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1 States had the same information, where the
2 federal government was able to monitor this.
3 Keeping in mind that we are not
4 talking about monitoring people who are
5 accused of committing any crime. We're
6 talking about people who simply don't show up
7 when you're expecting them to show up for
8 school.
9 So this legislation as proposed
10 today would take our overburdened State Police
11 and impose a requirement on them that they
12 don't want; take our overburdened and, I would
13 respectfully submit, in many cases underfunded
14 colleges and universities and impose a burden
15 on them that they don't want; and impose a set
16 of requirements that overlap with most of the
17 federal requirements, although not precisely.
18 This is precisely the kind of
19 confusing system that the SEVIS system and the
20 efforts of the Homeland Security Department to
21 consolidate information relating to immigrants
22 and to foreign students are designed to
23 prevent.
24 So what we have here is a bill that
25 would say -- and I'm just reading from the
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1 bill -- if a student, quote, has failed to
2 report to the designated school official at
3 the time he or she is expected to commence his
4 or her program of study, such official shall
5 simultaneously report such noncompliance to
6 the federal agency and to the New York State
7 Police.
8 So that means if someone is a week
9 late to class, you already have whatever
10 reporting requirements you have under the
11 SEVIS system to the federal government. That
12 student may have shown in another state at a
13 school. We don't know; our State Police have
14 no way of knowing.
15 This imposes on our State Police,
16 then, some sort of an obligation, although
17 it's not clear to me what it is, to
18 investigate the situation because it provides
19 that the police can't hold someone unless they
20 believe the person poses a threat to the
21 safety of the citizens of the state.
22 Obviously there's some sort of an inquiry that
23 is suggested there; they have to conduct some
24 sort of investigation to determine if that
25 person poses a threat to the safety of the
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1 citizens of the state.
2 Then the State Police have the same
3 obligation imposed under law that the college
4 already fulfilled, to report to the federal
5 government.
6 So I respectfully submit that this
7 is a mess. This is not something that makes
8 our state safer, this is something that
9 creates more confusion.
10 We have, again, a situation here
11 where we are monitoring hundreds of thousands
12 of people, and in New York State I believe we
13 have in excess of 70,000 foreign students now
14 studying in our colleges and universities.
15 Many of them make major contributions, are
16 outstanding students.
17 We're setting up a system to
18 monitor the activities of thousands of
19 law-abiding students who are here to pursue an
20 education. And many of them stay in this
21 country and contribute substantially to the
22 welfare of our state and of our nation.
23 We shouldn't be creating a second
24 system that has the tremendous potential to
25 inconvenience these people, to have people
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1 wrongfully held when they shouldn't be held,
2 to have investigations opened on people who
3 simply are going to a different school than we
4 expect them.
5 And there is no real guidance -- if
6 I was a state police, I certainly wouldn't
7 support this. I don't know what my obligation
8 is other than this duplicative requirement to
9 report to the federal government and to
10 undertake some sort of an inquiry as to
11 whether students who don't show up for class
12 constitute a threat to the safety of the
13 citizens of the state.
14 So for all of the reasons stated in
15 last year's debate and the other reasons that
16 we've identified here, I just don't think this
17 legislation as drafted gets the job done.
18 I think we should be working with
19 the federal government, we should trying to
20 support our colleges and universities in their
21 already substantial obligation to collect data
22 and report to the federal system. We're not
23 providing them enough money for that, much
24 less the money to impose a simultaneous
25 requirement that they also report to the State
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1 Police and that the State Police undertake
2 some unspecified form of investigation. And
3 the colleges and universities under this bill
4 are at risk of fines and other penalties.
5 So I don't think this is going to
6 make us safer, I think it is going to make
7 things more confused. I think it creates the
8 potential for innocent people -- whether
9 administrators of colleges, foreign students,
10 or overwhelmed state troopers trying to figure
11 out what student that was late for class is a
12 threat to the safety of the citizens -- to
13 suffer an undue burden. We shouldn't be
14 imposing more mandates unless they are very
15 carefully thought through on our colleges and
16 universities and on our State Police.
17 For that reason and for the others
18 stated, Madam President, I'm going to be
19 voting no on this bill. Again, with due
20 regard for the seriousness of the issue and
21 for the sponsor's sincere efforts to redraft
22 the legislation to make it work better, I
23 still think we have another round of
24 redrafting to do.
25 Thank you.
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1 THE PRESIDENT: Senator
2 Hassell-Thompson.
3 SENATOR HASSELL-THOMPSON: Thank
4 you, Madam President. Just a couple of quick
5 questions, if the Senator would yield.
6 THE PRESIDENT: Senator LaValle,
7 will you yield for a question?
8 SENATOR LaVALLE: Yes.
9 THE PRESIDENT: He does yield.
10 You may proceed, Senator.
11 SENATOR HASSELL-THOMPSON: Thank
12 you, Madam President.
13 We've just heard from Senator
14 Schneiderman that the federal law already
15 requires reporting requirements for our
16 students. The question that I need to ask is,
17 is there anything in the New York State law
18 that impedes the federal statute or the
19 process?
20 In other words, if there is a
21 federal regulation that we track students and
22 this information is already readily available
23 and it's on a computer system that our
24 New York State Police can access, why is --
25 what is it that makes us need something
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1 separate, something different?
2 SENATOR LaVALLE: Senator, I
3 think that we are trying to make this as easy
4 as possible for our law enforcement people.
5 I think if we really cut to the
6 chase on this, you know, I could make all the
7 changes incorporated that various members
8 would want and I'm afraid that there would
9 always be a reason not to vote for this bill.
10 I think it's more of a philosophical
11 difference or an approach than the nuts and
12 bolts in this.
13 I believe, as the sponsor, there
14 are other states, you heard, that give to
15 their state police the information. It's very
16 simple. There's nothing confusing about it.
17 Senator Schneiderman thinks this legislation
18 is confusing. There's nothing confusing about
19 it. Straightforward. Straightforward. You
20 give information to the federal government,
21 you send a copy to the State Police. It's not
22 a big deal. There's nothing confusing about
23 that. Nothing.
24 I believe that, and it's fine,
25 people have different philosophical approaches
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1 in terms of policy and who that should impact
2 or who that should not impact. I, as the
3 sponsor, believe that, given the time that we
4 live in, that there's nothing wrong with
5 giving some of the best-trained law
6 enforcement people in the country, our
7 New York State Police, information, more
8 information. It's like, to me, it's a
9 no-brainer. I mean, I don't understand what
10 the big deal is.
11 SENATOR HASSELL-THOMPSON: Madam
12 President, if the sponsor would continue to
13 yield.
14 THE PRESIDENT: Senator LaValle,
15 will you yield for a question?
16 SENATOR LaVALLE: Yes, I do.
17 THE PRESIDENT: You may proceed.
18 SENATOR HASSELL-THOMPSON:
19 Senator LaValle, take my question separate
20 from the discussion that you had with Senator
21 Schneiderman. My question had nothing to do
22 with fixing or tampering.
23 My question simply was, is there
24 anything --
25 SENATOR LaVALLE: And the answer
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1 is no, there is nothing.
2 SENATOR HASSELL-THOMPSON: Okay,
3 the simple answer is no, there is nothing in
4 the New York State law that would impede the
5 to use the process that's already in place by
6 the federal statute? That's the question.
7 SENATOR LaVALLE: Your question
8 presupposes that the State Police have access,
9 can have access into the federal system, and
10 that is not clear, whether they can retrieve
11 that information.
12 SENATOR HASSELL-THOMPSON: All
13 right, that's the basis, Madam President. If
14 the sponsor would continue to yield.
15 THE PRESIDENT: Senator LaValle,
16 will you yield for another question?
17 SENATOR LaVALLE: Yes.
18 THE PRESIDENT: You may proceed
19 with a question.
20 SENATOR HASSELL-THOMPSON: Okay,
21 that's the basis of my question.
22 Because my understanding is there's
23 something called SEVIS, which is a system by
24 which the federal government makes -- has
25 available to it information about every
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1 foreign student, and that is information that
2 currently is available and could be accessible
3 by the State Police.
4 But if you're telling me that
5 there's something in the New York State
6 statute that does not make that process
7 simplified, then I can agree that this bill is
8 necessary.
9 SENATOR LaVALLE: I have been
10 told that it simply is not.
11 SENATOR HASSELL-THOMPSON: Okay.
12 Thank you, Madam President.
13 THE PRESIDENT: Does any other
14 member wish to be heard?
15 Senator Stavisky, first, and then
16 Senator Volker.
17 SENATOR STAVISKY: Madam
18 President, on the bill.
19 THE PRESIDENT: You may proceed
20 on the bill.
21 SENATOR STAVISKY: It seems to me
22 that the purposes of the colleges and
23 universities is to educate our students under
24 the supervision and direction of the State
25 Education Department and, by implication, the
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1 Regents. And the purpose of the Department of
2 Homeland Security is to protect us.
3 And I think we ought to let each
4 one do their job. This information about
5 foreign students is available through the
6 SEVIS system, from what I understand. Whether
7 it's in the same format as the State Police
8 would like to receive it seems to be under
9 dispute.
10 But it seems to me that by placing
11 an additional burden on the colleges and
12 universities, we're just making it more
13 difficult for them to do their job and for the
14 State Education Department to do its job. And
15 for that reason, I plan to vote no.
16 THE PRESIDENT: Senator Volker.
17 SENATOR VOLKER: Madam
18 President -- and I hesitate to say this, but
19 in behalf of Senator Balboni and myself --
20 who's not here -- this is a homeland security
21 problem that we're just getting into now.
22 We do not have direct access to
23 SEVIS. The problem with the homeland security
24 system is we are just developing it. I mean,
25 the -- I realize that CUNY in particular is
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1 just supersensitive to anything that deals
2 with foreign students. And we understand
3 that. There's lots of reasons for it. And
4 SUNY is not as sensitive. And lobbyists for
5 CUNY immediately say this has got to be some
6 sort of plot. And I understand it.
7 The problem here is we know, there
8 is no question that al-Qaida has been
9 directing certain people into this country --
10 not just students, a lot of other people. We
11 have all sorts of information that they are
12 sending people in here under pretext.
13 Now, all that happens with this
14 bill is that we develop -- I think
15 temporarily, because at some point we'll have
16 a seamless system. But it isn't going to be
17 for a long time. And the reason is that the
18 whole homeland security system, we hate to
19 admit this, we probably have the best so far
20 in the country, we are reputed. Which is
21 scary to us, because we think we're just in
22 our infancy.
23 This budget, by the way, has the
24 first major increase in homeland security
25 money by the state ever, really. Because most
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1 of the money is federal. And I can tell you
2 some things about some of the stuff that are
3 in the budget that are federally reimbursable
4 that we don't even seem to know. But that's
5 neither here nor there.
6 But the problem here is, what's
7 going to happen here is, in my opinion, it's
8 going to be more of a problem if we don't do
9 this for students. Because you're going to
10 have counter-referencing back through the
11 State Police from the feds. You're better off
12 to have the State Police have this information
13 so that they don't get into problems with
14 certain students. That's my opinion.
15 Personally, I would rather have
16 this information go to homeland security
17 directly, but we are not capable right now.
18 Our computers and all the rest of the stuff,
19 you can't feed this stuff around in a big
20 circle yet. It's going to take a few years.
21 At some point the federal government will be
22 able, it seems to me, to develop a seamless
23 process. Right now, if you try to get
24 information out of the federal government on a
25 quick basis, you're going to have a devil of a
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1 time, I'll tell you. Unless it turns out to
2 be somebody who is named as a bomber or
3 something like that, which is not very likely.
4 We're talking about people who may
5 be bothered, by the way, by law enforcement
6 people simply because they may not be in
7 school for a while if you don't have
8 information on them. Personally, I think this
9 is to advantage for some of the people who may
10 get sick, or whatever, and leave. I don't
11 think the people realize the sensitivity here.
12 We're a state that has already been
13 under attack. Many people believe that it's
14 inevitable that at some point it's going to
15 happen again. God forbid. If we are going to
16 protect ourselves, we have to do some things
17 that are somewhat distasteful to us but do it
18 in the best and most benign way.
19 I don't see -- this is not as if
20 the State Police are going to run out and pick
21 up people. All they want to do is have the
22 information.
23 Classic example, there has been a
24 case like this where a student was in a
25 university, left the university, in effect was
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1 gone for two months, was picked up in a van
2 with a known terrorist and with the
3 possibility of bomb-making material. There
4 was no information on that student. Nothing.
5 If the State Police had this
6 information, they'd know right away that that
7 student hadn't been in school for four weeks
8 or whatever, and you wouldn't have to feed it
9 back through the FBI and get it out of the
10 national Homeland Security Department. We
11 still don't have a seamless system. It will
12 probably be years before we develop a seamless
13 system.
14 So I think Senator LaValle's bill
15 is, frankly, an excellent bill.
16 THE PRESIDENT: Senator
17 Marcellino.
18 SENATOR MARCELLINO: Thank you.
19 Just briefly on the bill.
20 This bill is an extremely important
21 bill, in my mind. And I thank Senator LaValle
22 for introducing it and bringing it back again,
23 because he's doing a great service.
24 The students we're talking about
25 are people who made a deal, they made a
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1 contract with this country. The contract was
2 for admission into the country. They were
3 going to go to a school in this country and
4 get an education.
5 They've broken their contract. In
6 many cases they don't even show up. They
7 don't go near the school. The school reserved
8 a spot for them, a spot someone else could
9 have taken, someone who wanted an education
10 could have had. But because these students
11 had that spot, blocked it out, another person
12 can't get in.
13 They're doing the disservice.
14 They're breaking the law. They've broken the
15 law of the United States. If you're going to
16 come here, you've got a visa, the visa has a
17 purpose, there's a time limit on it, you must
18 obey the law. We're making a mockery of our
19 system of laws, we're making a mockery of our
20 schools, who just take the money.
21 What inconvenience the school has,
22 to provide the government with a list of
23 students who are supposed to be enrolled and
24 then didn't? I don't understand the
25 inconvenience. We don't know where these
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1 students are, we don't know -- calling them a
2 student is a misnomer. We don't even know
3 where anybody is.
4 Let's find them. And if they're
5 going to go to school, fine. If they're not,
6 they should leave the country. They don't
7 belong here. It's as simple as that. They're
8 welcome if they come and go to school for the
9 purpose they're supposed to be. But if
10 they're not, go home.
11 I don't think that's a big deal. I
12 don't think that's an inconvenience on
13 anybody. I don't think it's taking away
14 anybody's rights. It's protecting this
15 country.
16 THE PRESIDENT: Any other member
17 wish to be heard?
18 Then the debate is closed.
19 The Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of August.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE PRESIDENT: Senator Padavan,
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1 to explain your vote.
2 SENATOR PADAVAN: Thank you,
3 Madam President.
4 Many have said that there are tens
5 of thousands of young people from all over the
6 world attending colleges and universities in
7 this country, and I think basically and
8 fundamentally that's a good thing. It's a
9 good thing in terms of worldwide communication
10 of what this nation is all about, it's a good
11 thing in terms of our global economy. It has
12 many positive aspects to it.
13 Indeed, many of our young people do
14 a college semester, or sometimes even longer,
15 in universities throughout the world. My
16 daughter was one of them. She did two years
17 in a graduate degree in Spain.
18 Let me tell you the requirements
19 that exist in Spain. Not only did she have to
20 get a visa, go to the Spanish embassy, provide
21 a health document, a verification of economic
22 support and a bunch of other things, but every
23 three months in Madrid, Spain, she had to make
24 her presence known, as a student, to the local
25 police department, physically had to go there.
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1 So this is not a unique requirement
2 in any respect. And the bill makes sense.
3 But in another way, it doesn't go
4 far enough. We know there are thousands and
5 thousands of foreign students in our colleges
6 and universities here in New York City and
7 New York State who do not have student visas.
8 They are simply here and enrolled.
9 And if you want to verify that
10 fact, ask CUNY to give, as they gave to me,
11 their internal survey and look at the student
12 application which says: Are you a citizen or
13 not, yes or no? And if you say no, that's it,
14 you still get enrolled.
15 Now, what are we doing about that?
16 Absolutely nothing. Absolutely nothing.
17 This bill at least deals with a
18 part of the issue, provides some reporting
19 mechanism. And perhaps if it's implemented,
20 we could expand it to those who are on the
21 campuses of our schools in this state without
22 even a student visa. Because to me that
23 presents even a more difficult situation to
24 accept, and perhaps a more potential problem.
25 I vote aye.
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1 THE PRESIDENT: You will be so
2 recorded as voting in the affirmative, Senator
3 Padavan.
4 The Secretary will announce the
5 results.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 192 are
8 Senators Andrews, Breslin, Brown, Diaz, Duane,
9 Gonzalez, Hassell-Thompson, L. Krueger,
10 C. Kruger, Montgomery, Paterson, Sabini,
11 Sampson, Savino, Serrano, A. Smith, M. Smith
12 and Stavisky.
13 Those Senators absent from voting:
14 Bonacic, Connor, Dilan and Parker.
15 Also in the negative, Senator
16 Schneiderman.
17 Ayes, 36. Nays, 19.
18 THE PRESIDENT: The bill is
19 passed.
20 The Secretary will continue to
21 read.
22 THE SECRETARY: Calendar Number
23 345, by Senator Skelos, Senate Print 3157, an
24 act to amend the Penal Law, in relation to
25 sentencing.
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1 SENATOR SCHNEIDERMAN:
2 Explanation.
3 THE PRESIDENT: Senator Skelos,
4 an explanation has been requested.
5 SENATOR SKELOS: Madam President,
6 this legislation would authorize the
7 imposition of a sentence of life imprisonment
8 without the possibility of parole for
9 persistent violent felony offenders convicted
10 of a violent felony offense when such person
11 has been previously been subject to two or
12 more predicate violent felony convictions
13 within a ten-year period.
14 THE PRESIDENT: Senator
15 Montgomery.
16 SENATOR MONTGOMERY: Yes, Madam
17 President, I would like to know if the sponsor
18 would yield for a question.
19 THE PRESIDENT: Senator Skelos,
20 do you yield?
21 SENATOR SKELOS: Yes, Madam
22 President.
23 THE PRESIDENT: You may proceed
24 with a question, Senator.
25 SENATOR MONTGOMERY: Yes.
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1 Senator Skelos, I note that among the charges
2 that qualify under this three-strikes
3 legislation is second-degree robbery,
4 burglary, assault.
5 So is it true that this would cover
6 those kinds of charges on a "three strikes and
7 you're in for life" basis?
8 SENATOR SKELOS: It's listed
9 under that section of the law, yes.
10 SENATOR MONTGOMERY: Under that
11 section, all right.
12 Thank you, Madam President.
13 And I note that I have opposed this
14 legislation in the past. I think we should
15 look to other states where they have this kind
16 of law, particularly California, where the
17 prisons are overflowing, bulging with people
18 who have essentially stolen a pair of
19 dungarees as their third offense, and they're
20 in for life.
21 So I think that this really is over
22 the top. We are going way beyond what is
23 required in order to deal with some of the
24 areas of crime that are covered under this.
25 There are much better, less costly to
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1 taxpayers and more effective ways of dealing
2 with this.
3 So I'm going to continue to oppose
4 this legislation. I think for the -- for our
5 state, the benefit of our state's economy, we
6 cannot afford to go into a criminal justice
7 program that essentially in the long run will
8 bankrupt us. So I'm voting no on this.
9 THE PRESIDENT: Does any other
10 member wish to be heard?
11 Then the debate is closed.
12 The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the first of
16 November.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE PRESIDENT: Senator Diaz, to
20 explain your vote.
21 SENATOR DIAZ: Thank you, Madam
22 President.
23 Besides being a state senator, I am
24 also a pastor of a church. And I believe in
25 pardons, and I believe in people being --
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1 people changing their life.
2 However, I also, when I took my
3 duty as a senator, I took it because there's
4 crimes in the city, criminals are coming into
5 their own, and there was no end to it.
6 And I believe a person that has
7 been found guilty of a felony and that that
8 person will become a violent felony offender,
9 and for that to happen, that person is
10 supposed to be guilty of kidnapping,
11 first-degree rape or sodomy, first- or
12 second-degree, robbery, burglary, assault or
13 aggravated sexual abuse.
14 Three times being convicted, a
15 person like that, I think that that person
16 should be taken out of the street for the
17 better and for the good of the rest of the
18 community.
19 I gladly support this bill, and I
20 praise Senator Skelos for such a bill.
21 THE PRESIDENT: Senator Diaz, you
22 will be recorded as voting in the affirmative.
23 The Secretary will announce the
24 results.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 345 are
2 Senators Andrews, Duane, Hassell-Thompson,
3 L. Krueger, Montgomery, Paterson,
4 Schneiderman, Serrano and A. Smith.
5 Those Senators absent from voting:
6 Connor, Dilan and Parker. Also Senator
7 Bonacic.
8 Ayes, 46. Nays, 9.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 347, by Senator Volker, Senate Print 3256, an
13 act to amend the Penal Law and the Criminal
14 Procedure Law, in relation to term of
15 imprisonment.
16 SENATOR SCHNEIDERMAN:
17 Explanation.
18 THE PRESIDENT: Senator Volker,
19 Senator Schneiderman has requested an
20 explanation.
21 SENATOR VOLKER: Madam President,
22 colleagues, this is a bill -- and probably the
23 last time you'll see this bill -- very close
24 to the bill that was sponsored just before.
25 The fascinating part of this bill
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1 is it's been around since 1995. It is, I
2 believe, the original "three times and you're
3 out" bill, which my former counsel and I just
4 figured Ken Connolly, who's here and went to
5 DCJS, and he's now retired back with us, I
6 believe drafted this bill.
7 If you read the memo -- and I would
8 ask my colleagues to read the memo, because
9 the reason it's important is that this is a
10 crossover memo and shows where we have come in
11 the last ten years since we have passed tough
12 legislation, the death penalty and all sorts
13 of legislation dealing with tough criminal
14 statutes and at the same time dealing with the
15 issue of what we call nonviolent crimes.
16 At the time of this bill, the
17 prison population was at about 74,000 to
18 75,000 or higher. It is now in the lower 60s.
19 This is a three-times-and-you're-out bill.
20 Joe Morelle sponsors it in the Assembly. Its
21 passed this house every year since '95.
22 It, as I say, was a changeover
23 because, if you look at the previous penalties
24 for three-times-and-you're-out, they were
25 much, much more lenient. We have actually
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1 done upgrades in a whole series of areas since
2 then. And now Senator Skelos, my colleague,
3 has what I call the main bill.
4 But there's a reason that I thought
5 it was important to at least put this bill
6 out. It really outlines what this house has
7 been doing over the last ten years in criminal
8 justice to deal with the criminal problem and
9 what Governor Pataki has helped us to do.
10 So my personal opinion is this
11 still is a valid bill. However, it is very,
12 very close to Senator Skelos's. And I thought
13 that we should at least put this bill onto the
14 floor. And as I say, I would just ask my
15 colleagues to keep the memo on this bill as
16 one of the longest standing bills in my
17 committee. It's about to eventually see its
18 demise.
19 But it's amazing how time has
20 changed and changed our criminal justice
21 system in this state. And we would hope that
22 we don't make foolish attempts, like some
23 people in the Assembly would have us do, to
24 denigrate the criminal justice system and take
25 us back to the bad old days when we had
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1 75,000 inmates and we had people coming in and
2 out of prison every other day, and when the
3 violent prison population was 23 percent
4 instead of 75 percent, as it is today.
5 So I just want to say to people,
6 you can criticize this bill and its intent and
7 all that, but a lot of the things that are in
8 this bill have happened under the present
9 Governor, and with the help of this Senate.
10 THE PRESIDENT: Senator
11 Schneiderman.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Madam President.
14 I must rise with respect to the
15 bill memo and the bill. This demonstrates the
16 point I was making earlier with regard to
17 Senator LaValle's bill. I appreciate him
18 updating his legislation.
19 This bill memo is 10 years old. It
20 states, in justification for the bill we're
21 voting on now, "Unmistakably, crimes of
22 violence in this state are on the rise. Each
23 day our court dockets are filled with greater
24 and greater numbers of cases charging offenses
25 that are striking in their savagery and
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1 chilling in their randomness."
2 That was 10 years ago.
3 Unmistakably, crimes of violence in this state
4 are on the decline. The prison population is
5 going down. We have had extraordinary success
6 through, I would respectfully submit, the
7 actions of the police and through better
8 policing policies primarily, but we've done it
9 without a "three strikes and you're out"
10 policy.
11 We've done much better than
12 California during that period, which does have
13 a "three strikes and you're out" policy.
14 We've done it without the death penalty, and
15 we've done much better than states that have
16 the death penalty.
17 So, look, I support Senator
18 Volker's effort to get this bill into the
19 one-house-wonders hall of fame. This has been
20 here with us for longer than I have been here.
21 I think it's -- it made the point. But the
22 point that is made really more articulately
23 than any other by this is let's think
24 carefully. Things that appear to be tougher
25 on crime are not necessarily the things that
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1 result in a reduction of crime. Let's think
2 carefully as we apply serious sanctions to our
3 citizens.
4 I'm pleased to be able to speak at
5 the memorial for this bill. I look forward to
6 further improvements in our criminal justice
7 system. We don't need a "three strikes and
8 you're out" policy to reduce crime in this
9 state. That's what proved by how outdated
10 this bill memo is.
11 Thank you, Madam President.
12 THE PRESIDENT: Does any other
13 member wish to be heard?
14 Then the debate is closed.
15 The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Senator
22 DeFrancisco, to explain your vote.
23 SENATOR DeFRANCISCO: Yes. I'm
24 going to vote no on this bill, not because of
25 the "three strikes and you're out" provision,
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1 but there's a provision in here that prohibits
2 plea bargaining down from a violent felony
3 offense if this happens to be the third
4 violent felony offense that someone is
5 indicted for.
6 That, to me, really restricts the
7 hand of the prosecutor. You may very well
8 want to charge somebody, you think you have a
9 case, a violent felony offense, and then when
10 you start the trial you may find out that you
11 don't have one.
12 So what does the prosecutor do at
13 that point? Simply continue on with an
14 offense and not reduce it and end up with a
15 possible not-guilty finding.
16 So I think restricting plea
17 bargaining really restricts the hand of the
18 prosecutor, and I don't think that should in
19 this bill. So I'm going to vote no for that
20 reason.
21 THE PRESIDENT: You will be so
22 recorded as voting in the negative, Senator
23 DeFrancisco.
24 Senator Volker.
25 SENATOR VOLKER: To explain my
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1 vote.
2 THE PRESIDENT: Senator Volker,
3 to explain his vote.
4 SENATOR VOLKER: Senator
5 DeFrancisco, if I just might say that I think
6 you're right. When I was doing defense work
7 many years ago, as I did for some time, I
8 probably would have agreed with you.
9 But now that I'm not doing any more
10 defense work, I'm going to vote aye.
11 (Laughter.)
12 THE PRESIDENT: So we will record
13 you as voting in the affirmative, Senator
14 Volker.
15 Senator Diaz, to explain your vote.
16 SENATOR DIAZ: Thank you, Madam
17 President.
18 Again, as I said before, I'm a
19 pastor of a church. A few months ago, Sunday,
20 a member, a lady member of my church coming to
21 the church, on her way to a church, a
22 criminal, a criminal came running after her
23 with a knife and slashed her face. One
24 hundred stitches was taken in her face.
25 And then I come here and I got
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1 elected, and when I got elected, part of my
2 campaign was that I would protect the victims,
3 not the criminals. And that I would do
4 everything possible to send criminals to jail.
5 Because criminals don't deserve to be in the
6 street.
7 And we, when we go out there
8 campaigning, we're saying: Vote for me
9 because I will fight crimes and I will bring
10 safer streets and whatever. And then when we
11 come here, the whole thing changes.
12 It doesn't matter how long a bill
13 has been put in here. It doesn't matter how
14 long. That doesn't make wrong -- that doesn't
15 make a person wrong because the bill doesn't
16 pass. Or sometimes it doesn't make it right
17 if the bill passes.
18 What makes it right is your
19 position against crime. And I hope that we
20 are here -- all of us, Democrat, Republican --
21 that when we got elected, we got elected to
22 protect the victims, not the criminals. And
23 that's why I'm voting yes for this bill.
24 THE PRESIDENT: You will be
25 recorded as voting in the affirmative,
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1 Senator.
2 The Secretary will announce the
3 results.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 347 are
6 Senators Andrews, DeFrancisco, Duane,
7 Gonzalez, L. Krueger, Montgomery, Paterson,
8 Schneiderman, Serrano. Also Senator
9 Hassell-Thompson.
10 Those Senators absent from voting
11 on Calendar Number 347 are Senators Bonacic,
12 Connor and Parker.
13 Ayes, 46. Nays, 10.
14 THE PRESIDENT: The bill is
15 passed.
16 Senator Skelos, that completes the
17 controversial reading of the calendar.
18 SENATOR SKELOS: Thank you, Madam
19 President.
20 There will be an immediate meeting
21 of the Rules Committee in the Majority
22 Conference Room.
23 THE PRESIDENT: There will be an
24 immediate meeting of the Rules Committee in
25 the Majority Conference Room.
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1 Senator Dilan.
2 SENATOR DILAN: Madam President,
3 I just want to go on the record that had I
4 been present for Calendar Number 192 --
5 THE PRESIDENT: If the members
6 would please refrain from conversing in
7 chamber.
8 SENATOR DILAN: Had I been
9 present for Calendars 192 and 345, I would
10 have cast my vote in the negative.
11 THE PRESIDENT: The record will
12 so reflect that, Senator.
13 SENATOR DILAN: Thank you.
14 THE PRESIDENT: The Senate stands
15 at ease.
16 (Whereupon, the Senate stood at
17 ease at 4:34 p.m.)
18 (Whereupon, the Senate reconvened
19 at 4:38 p.m.)
20 THE PRESIDENT: Senator
21 Marcellino.
22 SENATOR MARCELLINO: Madam
23 President, can we return to reports of
24 standing committees, please.
25 THE PRESIDENT: The Secretary
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1 will read reports of standing committees.
2 THE SECRETARY: Senator Bruno,
3 from the Committee on Rules, reports the
4 following bill direct to third reading:
5 Senate Print 3685A, by Senator
6 Skelos, an act to amend the Executive Law.
7 THE PRESIDENT: Senator
8 Marcellino.
9 SENATOR MARCELLINO: Madam
10 President, is there any further business at
11 the desk? I believe you do have a motion, if
12 we could proceed with that.
13 But first, I move to accept the
14 Rules report.
15 THE PRESIDENT: All in favor of
16 accepting the Rules Committee report please
17 signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (Response of "Nay.")
21 THE PRESIDENT: The report is
22 accepted.
23 Senator Breslin.
24 SENATOR BRESLIN: I believe,
25 Madam President, there's a motion at the desk.
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1 THE PRESIDENT: Yes, there is,
2 Senator.
3 SENATOR BRESLIN: And can I be
4 heard on that motion.
5 THE PRESIDENT: You may.
6 SENATOR BRESLIN: This is a
7 motion that I've made in the past. It's to
8 put --
9 THE PRESIDENT: Senator, first
10 the Secretary has to read the motion.
11 SENATOR BRESLIN: Excuse me.
12 THE PRESIDENT: Thank you.
13 The Secretary will read.
14 THE SECRETARY: Senate Print
15 2480, by Senator Breslin, an act to amend the
16 Social Services Law.
17 THE PRESIDENT: Senator Breslin.
18 SENATOR BRESLIN: Thank you,
19 Madam President.
20 This is a motion I've made in the
21 past, and it's to put what we refer to as a
22 hard cap on Medicaid.
23 This year, in this latest budget
24 this past week, we put a soft cap on it. We
25 talked about annual growth factors of
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1 3.5 percent in 2006, going to 3.25 the next
2 year and then down to 3. The Governor,
3 subsequent to the budget, talked about
4 tinkering with that and making some changes.
5 The county executives in the
6 counties throughout this state, they do want a
7 change. They want one single change to cap
8 Medicaid and hopefully to cap Medicaid at this
9 year's level, at 2004 levels.
10 Why do they need a cap? Most of
11 the counties in the State of New York had over
12 a 15 percent tax increase last year.
13 Eighty-five percent of all property taxes that
14 go to Medicaid across this country come from
15 New York State. The remaining states,
16 15 percent.
17 Counties like Albany spend more
18 than a hundred percent of their property tax
19 on Medicaid.
20 The only way to give relief to the
21 property taxpayer, the middle-income people,
22 the people on fixed incomes, retired people,
23 is to make sure we're not passing down the
24 mandates. And how do we do that? We put the
25 hard cap on Medicaid.
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1 You talk to county executive after
2 county executive, they're happy we did
3 something this year. Do they think it will
4 work in their county? No. They have serious,
5 serious doubts.
6 And I believe that everybody, on
7 both sides of this aisle, really believe that
8 it's up to us. We're the ones that have
9 passed those mandates down to the county. And
10 we're the only ones that can rectify it. And
11 we can rectify it on by putting a cap on
12 Medicaid on the 2004 levels.
13 And I urge everyone to support this
14 motion.
15 THE PRESIDENT: All the Senators
16 in agreement please signify by raising your
17 hands.
18 THE SECRETARY: Those recorded in
19 agreement are Senators Andrews, Breslin,
20 Brown, Diaz, Dilan, Duane, Gonzalez,
21 Hassell-Thompson, Klein, L. Krueger,
22 C. Kruger, Montgomery, Onorato, Paterson,
23 Sabini, Sampson, Savino, Schneiderman,
24 Serrano, A. Smith, M. Smith, Stachowski,
25 Stavisky and Valesky.
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1 THE PRESIDENT: The petition is
2 not agreed to.
3 Senator Marcellino.
4 SENATOR MARCELLINO: Is there any
5 further business, Madam President?
6 THE PRESIDENT: No, there isn't,
7 Senator Marcellino.
8 SENATOR MARCELLINO: There being
9 no further business, I move we adjourn in the
10 name of Patricia K. McGee until Tuesday,
11 April 5th, at 3:00 p.m.
12 THE PRESIDENT: On motion, the
13 Senate stands adjourned in friendship, love
14 and respect for Senator Patricia McGee, until
15 Tuesday, April 5th, at 3:00 p.m.
16 (Whereupon, at 4:44 p.m., the
17 Senate adjourned.)
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