Regular Session - April 24, 2006
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 24, 2006
11 3:16 p.m.
12
13
14 REGULAR SESSION
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16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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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 stand 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: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Sunday, April 23, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 April 22, was read and approved. On motion,
20 Senate adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Messages from the Governor again.
5 The Secretary will read.
6 THE SECRETARY: The Governor
7 returned, without executive approval, Senate
8 Bill Number 6460C, Veto Number 208, entitled
9 "an act to amend the Tax Law."
10 THE PRESIDENT: Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 I move to lay said bill as vetoed by the
13 Governor upon the table.
14 THE PRESIDENT: So ordered,
15 Senator Skelos.
16 The Secretary will read.
17 THE SECRETARY: The Governor
18 returned, without executive approval, Line
19 Items 22 through 73 of Senate Bill Number
20 6455C, Chapter 55, entitled "an act making
21 appropriations for the support of government:
22 Transportation, Economic Development and
23 Environmental Conservation Budget."
24 THE PRESIDENT: Senator Skelos.
25 SENATOR SKELOS: Madam President,
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1 I move to lay said line items as vetoed by the
2 Governor upon the table.
3 THE PRESIDENT: So ordered.
4 The Secretary will read.
5 THE SECRETARY: The Governor
6 returned, without executive approval, Line
7 Items 188 through 207 of Senate Bill Number
8 6457C, Chapter 57, entitled "an act to amend
9 the Social Services Law and others."
10 THE PRESIDENT: Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 I move to lay said line items as vetoed by the
13 Governor upon the table.
14 THE PRESIDENT: So ordered.
15 The Secretary will read.
16 THE SECRETARY: The Governor
17 returned, without executive approval, Line
18 Items 74 through 77 of Senate Bill Number
19 6459C, Chapter 59, entitled "an act to amend
20 the Environmental Conservation Law."
21 THE PRESIDENT: Senator Skelos.
22 SENATOR SKELOS: Madam President,
23 I move to lay said line items as vetoed by the
24 Governor upon the table.
25 THE PRESIDENT: So ordered.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Farley.
7 SENATOR FARLEY: Thank you, Madam
8 President.
9 On behalf of Senator Golden, Madam
10 President, I move that the following bill be
11 discharged from its respective committee and
12 be recommitted with instructions to strike the
13 enacting clause. That's Senate Print 2212.
14 THE PRESIDENT: So ordered.
15 SENATOR FARLEY: Madam President,
16 I wish to call up my bill -- this is on my own
17 behalf -- Senate Print 6396, which was
18 recalled from the Assembly and it's now at the
19 desk.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: Calendar Number
23 595, by Senator Farley, Senate Print 6396, an
24 act to amend the Public Officers Law.
25 SENATOR FARLEY: Madam President,
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1 I now move to reconsider the vote by which
2 this bill was passed.
3 THE PRESIDENT: The Secretary
4 will call the roll upon reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 49.
7 SENATOR FARLEY: Madam President,
8 I now offer the following amendments.
9 THE PRESIDENT: The amendments
10 are received.
11 SENATOR FARLEY: Madam President,
12 amendments are offered to the following Third
13 Reading Calendar bills:
14 By Senator Young, page 12, Calendar
15 Number 62, Senate Print 5685;
16 On behalf of Senator Golden, on
17 page 30, Calendar Number 524, Senate Print
18 4458B;
19 And on behalf of Senator Morahan,
20 on page 40, Calendar Number 686, Senate Print
21 7169.
22 Madam President, I move that these
23 retain their place on the Third Reading
24 Calendar.
25 ACTING PRESIDENT LITTLE: Thank
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1 you. The amendments are received and adopted,
2 and the bills will retain their place on the
3 Third Reading Calendar.
4 Senator Skelos.
5 SENATOR SKELOS: Madam President,
6 I believe there's a substitution at the desk,
7 if we could make it at this time.
8 ACTING PRESIDENT LITTLE: Yes,
9 there is.
10 The Secretary will read.
11 THE SECRETARY: On page 37,
12 Senator Volker moves to discharge, from the
13 Committee on Codes, Assembly Bill Number 10339
14 and substitute it for the identical Senate
15 Bill Number 7072, Third Reading Calendar 653.
16 ACTING PRESIDENT LITTLE: The
17 substitution is ordered.
18 Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 there's a resolution at the desk by Senator
21 DeFrancisco, 4758. Could we have the title
22 read and move for its immediate adoption.
23 ACTING PRESIDENT LITTLE: Thank
24 you.
25 The Secretary will read.
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1 THE SECRETARY: By Senator
2 DeFrancisco, Legislative Resolution Number
3 4758, commending Christopher Cruz of the
4 Hampton Boys & Girls Club of Syracuse,
5 New York, upon the occasion of his designation
6 as the recipient of the Boys & Girls Club of
7 Syracuse's "Youth of the Year Award."
8 ACTING PRESIDENT LITTLE: On the
9 resolution, all those in favor please signify
10 by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT LITTLE: Those
13 opposed, nay.
14 (No response.)
15 ACTING PRESIDENT LITTLE: The
16 resolution is passed.
17 Senator Skelos.
18 SENATOR SKELOS: Madam President,
19 if we could go to the noncontroversial reading
20 of the calendar.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 175, by Senator Alesi, Senate Print 6365, an
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1 act to amend the Public Health Law, in
2 relation to demonstration programs.
3 ACTING PRESIDENT LITTLE: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT LITTLE: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 51.
11 ACTING PRESIDENT LITTLE: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 390, by Senator Seward, Senate Print 6420B, an
15 act to amend the Highway Law, in relation to
16 designating.
17 ACTING PRESIDENT LITTLE: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT LITTLE: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 51.
25 ACTING PRESIDENT LITTLE: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 613, by Senator Maltese, Senate Print 5684A,
4 an act to amend the Executive Law, in relation
5 to obtaining fingerprints.
6 ACTING PRESIDENT LITTLE: Read
7 the last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the 60th day.
10 ACTING PRESIDENT LITTLE: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 51.
14 ACTING PRESIDENT LITTLE: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 625, by Senator Maziarz, Senate Print 7132, an
18 act to amend the Labor Law, in relation to
19 performance.
20 ACTING PRESIDENT LITTLE: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect April 1, 2007.
24 ACTING PRESIDENT LITTLE: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 53.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 638, by Senator Morahan, Senate Print 237, an
7 act to amend the Penal Law and the Criminal
8 Procedure Law, in relation to fixing
9 sentences.
10 ACTING PRESIDENT LITTLE: Read
11 the last section.
12 THE SECRETARY: Section 8. This
13 act shall take effect on the first of
14 November.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 638 are
20 Senators Andrews, Duane, Montgomery and
21 Parker.
22 Ayes, 51. Nays, 4.
23 ACTING PRESIDENT LITTLE: The
24 bill is passed.
25 THE SECRETARY: In relation to
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1 Calendar Number 638: also in the negative,
2 Senator Dilan.
3 Ayes, 50. Nays, 5.
4 ACTING PRESIDENT LITTLE: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 651, by Senator Maltese, Senate Print 7054, an
8 act to amend the Penal Law, in relation to
9 adding a prior conviction.
10 ACTING PRESIDENT LITTLE: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of
14 November.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT LITTLE: Senator
19 Duane, to explain your vote.
20 SENATOR DUANE: Thank you, Madam
21 President.
22 I'm voting against the bill today
23 because I believe it's too harsh. It adds a
24 prior conviction for aggravated criminal
25 contempt to a list of predicate offenses for
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1 criminal contempt.
2 And I do applaud the attempt here
3 to better protect victims of domestic
4 violence. However, as this bill proves, there
5 is a terrible cycle to domestic violence, and
6 anyone involved in these terrible situations
7 certainly needs mental health services.
8 People in these situations need and
9 deserve the help that they would get if we
10 passed Timothy's Law. If we had Timothy's
11 Law, we might be able to stem the tide of this
12 issue or this problem of domestic violence and
13 domestic problems. But so far the Senate has
14 refused to pass Timothy's Law, and that's just
15 wrong.
16 I'm voting no on this bill, Madam
17 President, but I absolutely believe that we
18 have to get Timothy's bill out here on the
19 floor and vote in favor of it.
20 Thank you, Madam President.
21 ACTING PRESIDENT LITTLE: Thank
22 you. Senator Duane will be recorded in the
23 negative.
24 The Secretary will announce the
25 results.
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1 THE SECRETARY: Ayes, 54. Nays,
2 1. Senator Duane recorded in the negative.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 652, by Senator Maltese, Senate Print 7055, an
7 act to amend the Penal Law, in relation to
8 penalty.
9 ACTING PRESIDENT LITTLE: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of
13 November.
14 ACTING PRESIDENT LITTLE: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 54. Nays,
18 1. Senator Duane recorded in the negative.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 653, substituted earlier today by Member of
23 the Assembly Lentol, Assembly Print Number
24 10339, an act to amend Chapter 689 of the Laws
25 of 1993.
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1 ACTING PRESIDENT LITTLE: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT LITTLE: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 54. Nays,
9 1. Senator A. Smith recorded in the negative.
10 ACTING PRESIDENT LITTLE: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 656, by Senator Trunzo, Senate Print 425, an
14 act to amend the Vehicle and Traffic Law, in
15 relation to dealers and dealer registration.
16 ACTING PRESIDENT LITTLE: Read
17 the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect on the 90th day.
20 ACTING PRESIDENT LITTLE: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT LITTLE: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 659, by Senator Marcellino, Senate Print 1310,
3 an act to amend the Vehicle and Traffic Law,
4 in relation to operation of a motor vehicle.
5 ACTING PRESIDENT LITTLE: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of
9 September.
10 ACTING PRESIDENT LITTLE: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT LITTLE: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 660, by Senator Trunzo, Senate Print 1684, an
18 act to amend the Vehicle and Traffic Law, in
19 relation to the penalty for operating certain
20 commercial motor vehicles.
21 ACTING PRESIDENT LITTLE: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of
25 November.
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1 ACTING PRESIDENT LITTLE: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT LITTLE: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 663, by Senator Winner, Senate Print 2746, an
9 act to amend the Highway Law, in relation to
10 the designation.
11 ACTING PRESIDENT LITTLE: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 665, by Senator LaValle, Senate Print 3149, an
23 act to amend the Vehicle and Traffic Law, in
24 relation to requiring a licensee's residential
25 address.
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1 ACTING PRESIDENT LITTLE: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 90th day.
5 ACTING PRESIDENT LITTLE: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT LITTLE: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 680, by Senator Morahan, Senate Print 7061A,
13 an act authorizing.
14 ACTING PRESIDENT LITTLE: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT LITTLE: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 56. Nays,
22 1. Senator Bonacic recorded in the negative.
23 ACTING PRESIDENT LITTLE: The
24 bill is passed.
25 Senator Skelos, that completes the
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1 reading of the calendar.
2 SENATOR SKELOS: Thank you, Madam
3 President.
4 Is there any further business at
5 the desk?
6 ACTING PRESIDENT LITTLE: No,
7 there is not.
8 SENATOR SKELOS: Would you please
9 recognize Senator Montgomery for a motion to
10 petition.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 Senator Montgomery.
14 SENATOR MONTGOMERY: Madam
15 President, I have a motion at the desk. I
16 would like to have it called up at this time.
17 ACTING PRESIDENT LITTLE: The
18 Secretary will read.
19 THE SECRETARY: Senate Print
20 6895, by Senator Montgomery, an act to amend
21 the Correction Law.
22 SENATOR MONTGOMERY: Yes, Madam
23 President, I would like to explain the bill.
24 ACTING PRESIDENT LITTLE: Thank
25 you. For an explanation, Senator Montgomery.
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1 SENATOR MONTGOMERY: Yes, thank
2 you.
3 This is legislation which would
4 prohibit the use of mechanical restraints,
5 including handcuffs and shackles, on any
6 pregnant female prisoner who is about to give
7 birth in our correctional system, unless the
8 officer in charge has determined that such an
9 inmate would be a flight risk while she is in
10 the process of having labor and delivering her
11 baby.
12 According to Amnesty International,
13 only two states, California and Illinois, have
14 laws forbidding the use of restraints on
15 inmates during labor. The corrections
16 departments of five other states and the
17 District of Columbia have written policies
18 prohibiting this practice. New York State is
19 not among the small number of states that
20 prohibit the shackling of these inmates.
21 Currently, healthcare standards
22 that are set by the State Commission on
23 Correction state that prisoners should be
24 placed in restraints only if other means are
25 insufficient. We should be -- we can do
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1 better. We should do better. We must ban
2 this abhorrent practice, since there are
3 obviously no overriding concerns about a woman
4 taking flight, breaking out of prison while
5 she is in labor and the process of having a
6 baby.
7 In 1990, a federal judge prohibited
8 the New York City Corrections Department from
9 shackling inmates during childbirth. The use
10 of mechanical restraints on a pregnant inmate
11 constitutes a cruel and inhumane form of
12 punishment. It poses a serious risk to both
13 the mother and her unborn child.
14 Madam President, I invite my
15 colleagues -- all of us in this room, I'm
16 sure, can relate to the fact that during
17 childbirth it is a very vulnerable moment in a
18 woman's life, especially as it relates to not
19 only her but the baby. And babies should not
20 be forced to pay a price to be put in the
21 unreasonable position of jeopardy because
22 their mother happens to be in prison.
23 Physical restraints have interfered
24 with the ability of physicians to safely
25 practice medicine by reducing their ability to
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1 assess and evaluate the physical condition of
2 the mother and the fetus, and have similarly
3 made the labor and delivery process more
4 difficult than it needs to be, thus overall
5 putting the health and lives of women and
6 unborn children at risk.
7 Madam President, I ask that my
8 colleagues join me in voting yes on this bill
9 because it is the most humane thing that we
10 could do in this Legislature today.
11 Thank you for listening.
12 ACTING PRESIDENT LITTLE: Thank
13 you, Senator Montgomery.
14 All those Senators in favor of the
15 petition out of committee please signify by
16 raising your hand.
17 THE SECRETARY: Those recorded in
18 agreement are Senators Andrews, Breslin,
19 Coppola, Diaz, Dilan, Duane, Gonzalez, Klein,
20 L. Krueger, C. Kruger, Montgomery, Onorato,
21 Parker, Paterson, Sabini, Sampson, Savino,
22 Schneiderman, Serrano, A. Smith, M. Smith,
23 Stachowski, Stavisky and Valesky.
24 ACTING PRESIDENT LITTLE: The
25 petition is not agreed to.
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1 Senator Skelos.
2 SENATOR SKELOS: Madam President,
3 there being no further business to come before
4 the Senate, I move we stand adjourned until
5 Tuesday, April 25th, at 11:00 a.m.
6 ACTING PRESIDENT LITTLE: Thank
7 you. There being no further business, the
8 Senate stands adjourned until Tuesday,
9 April 25th, at 11:00 a.m.
10 (Whereupon, at 3:36 p.m., the
11 Senate adjourned.)
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