Regular Session - February 6, 1995
743
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9 ALBANY, NEW YORK
10 February 6, 1995
11 3:00 p.m.
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14 REGULAR SESSION
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18 SENATOR JOHN R. KUHL, JR., Acting President
19 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: Senate
3 will come to order. Members please find their
4 seats.
5 Ask everybody in the chamber to
6 rise and say the Pledge of Allegiance with me.
7 (Whereupon, the assemblage joined
8 in the Pledge of Allegiance to the Flag.)
9 In the absence of clergy, may we
10 all bow our heads in a moment of silence.
11 (Whereupon, there was a moment of
12 silence.)
13 Reading of the Journal.
14 THE SECRETARY: In Senate,
15 Friday, February 3. The Senate met pursuant to
16 adjournment. Senator Hoblock in the chair upon
17 designation of the Temporary President. The
18 Journal of Thursday, February 2, was read and
19 approved. On motion, Senate adjourned.
20 ACTING PRESIDENT KUHL: Hearing
21 no objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Bruno, we have a report
9 of a standing committee at the desk. Would you
10 like to return to reports of standing committees
11 and receive that at this time?
12 SENATOR BRUNO: All right, Mr.
13 President. Let's return.
14 ACTING PRESIDENT KUHL: Secretary
15 will read.
16 THE SECRETARY: Senator Marchi
17 from the Committee on Corporations, Authorities,
18 and Commissions, reports the following bill
19 directly for third reading:
20 Senate Bill Number 580, by
21 Senator Nozzolio, an act to amend the Public
22 Authorities Law, in relation to creating the
23 Cayuga County Water and Sewer Authority.
746
1 ACTING PRESIDENT KUHL: That bill
2 is reported directly to third reading.
3 Senator Bruno, that brings us to
4 the calendar, sir. What's you're pleasure?
5 SENATOR BRUNO: Mr. President.
6 Can we now take up the noncontroversial
7 calendar.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the noncontroversial calendar.
10 THE SECRETARY: Calendar Number
11 13, by Senator Holland, Senate Bill Number 205A,
12 an act to amend the Criminal Procedure Law.
13 SENATOR PATERSON: Lay it aside.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 THE SECRETARY: Calendar Number
17 30, by Senator Velella, Senate Bill Number 18,
18 an act to amend the Insurance Law, in relation
19 to allowing insurers to make available multi
20 tier program for private passenger motor vehicle
21 insurance.
22 ACTING PRESIDENT KUHL: Secretary
23 will read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 47.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 33, by Senator Levy, Senate Bill Number 356, an
11 act to amend the Vehicle and Traffic Law.
12 SENATOR PATERSON: Lay it aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 34, by Senator Levy, Senate Bill Number 357, an
17 act to amend the Vehicle and Traffic Law, in
18 relation to limiting options for plea bargaining
19 for repeated DWI offenders.
20 ACTING PRESIDENT KUHL: Lay the
21 bill aside.
22 Senator Bruno, that completes the
23 noncontroversial calendar.
748
1 SENATOR BRUNO: Mr. President.
2 Can we now take up the controversial calendar.
3 ACTING PRESIDENT KUHL: Secretary
4 will read the controversial calendar.
5 THE SECRETARY: Calendar Number
6 13, by Senator Holland, Senate Bill Number 205A,
7 an act to amend the Criminal Procedure Law.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the last section.
10 SENATOR PATERSON: Explanation,
11 Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Holland, an explanation has been asked for by
14 Senator Paterson.
15 SENATOR HOLLAND: Mr. President.
16 All this bill does is say that if a prisoner
17 must be extradited and he has the money to pay
18 that cost, then the prisoner should pay that
19 cost instead of the taxpayers.
20 ACTING PRESIDENT KUHL: Chair
21 recognizes Senator Abate.
22 SENATOR ABATE: On the bill.
23 Senator Holland, I agree with you that, when
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1 possible, inmates should defray the expense of
2 extradition. My problem with the bill is the
3 vagueness. As an ex-Commissioner of Correction
4 if this bill were passed and it were handed to
5 me, there would be not enough guidelines and
6 procedures to implement the bill.
7 And where I see it's vague -- and
8 I would hope that it would be sent back to
9 committee to fill in these gaps -- it talks
10 about expenses, but it does not detail whether
11 you are talking about housing, per diem expenses
12 or transportation expenses.
13 There are two ways a correction
14 department can incur the expenses:
15 One, they have to go to another
16 state and pick someone up and pay for the
17 transportation costs.
18 In another example, a state may
19 be wanting to extradite someone from New York
20 State. The inmate fights that extradition,
21 might languish in the correction department
22 several months, and the Department of Correction
23 or the local jail would have to pay the cost,
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1 those housing costs, for those additional
2 months.
3 Also, the bill is silent in terms
4 of what monies are collectible. Is it
5 commissary accounts? Is it current assets? Is
6 it future earnings?
7 And, also, there is no provision
8 for the finding of indigency. What happens when
9 an inmate can not afford to pay these expenses?
10 There is very little money in the commissary
11 account. To what extent can the correction
12 department try to seize those monies?
13 So while I understand the concept
14 and fully am supportive, I would like to see
15 some of this corrected to provide for some
16 guidelines and procedures for correction
17 departments throughout the state.
18 ACTING PRESIDENT KUHL: Senator
19 Holland on the bill.
20 SENATOR HOLLAND: Senator, if you
21 have some specific requests, I would be glad to
22 look at them if you forward them to the office.
23 What this bill is intended to do
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1 is just continue the programs, the procedures
2 that are going on now and collect only the
3 monies that can be collected.
4 It does not say in the bill
5 itself, in the wording of the bill, that the
6 money has to come from an individual if the
7 individual does not have the money. It would be
8 a judgment call.
9 But if you have some specifics,
10 I'll be glad to look at those.
11 SENATOR ABATE: Right now, the
12 bill would not give any kind of guidance and
13 particularly in terms of whether that would
14 cover per diem housing costs or only
15 transportation expenses, and it seems to me that
16 should be detailed in the statute.
17 SENATOR HOLLAND: I understand,
18 but the intention of the bill as it's written
19 now is to continue with the procedures that we
20 followed -- you followed on extradition.
21 I'm not going to take the bill
22 off the floor, if I'm giving you the wrong
23 impression, but I will look at it and make some
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1 changes if you can recommend some.
2 SENATOR ABATE: Thank you.
3 ACTING PRESIDENT KUHL: Secretary
4 will read the last section.
5 SENATOR GOLD: Mr. President.
6 ACTING PRESIDENT KUHL: Senator
7 Gold, on the bill.
8 SENATOR GOLD: Yes, will Senator
9 Holland yield to a question?
10 ACTING PRESIDENT KUHL: Senator
11 Holland, do you yield to Senator Gold?
12 SENATOR HOLLAND: Sure.
13 ACTING PRESIDENT KUHL: Senator
14 Holland yields.
15 SENATOR GOLD: Just so I
16 understand, I just want to get the procedures
17 down. Senator Abate's concerns are very good,
18 legitimate, but we're going to pass it today,
19 and then you will think about it and bring it
20 back, if necessary. Is that it?
21 SENATOR HOLLAND: Yes.
22 SENATOR GOLD: Is there anybody
23 waiting breathlessly to sign this or pass it
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1 that it can't wait a day or two while you look
2 at it?
3 SENATOR HOLLAND: I don't know,
4 Senator.
5 ACTING PRESIDENT KUHL: Secretary
6 will read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first day of
9 November next succeeding the date on which it
10 shall have become a law.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT KUHL: Announce
15 the results when tabulated.
16 THE SECRETARY: Ayes 48. Nays
17 2. Senators Abate and Paterson recorded in the
18 negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 33, by Senator Levy, Senate Bill Number 356, an
23 act to amend the Vehicle and Traffic Law.
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1 SENATOR BRUNO: Read the last
2 section.
3 SENATOR DOLLINGER: Will that be
4 laid aside?
5 SENATOR BRUNO: (Indicating
6 negative.)
7 SENATOR DOLLINGER: Can I have an
8 explanation, then?
9 SENATOR BRUNO: Explanation
10 requested, Mr. President.
11 ACTING PRESIDENT KUHL: Is
12 Senator Levy in the chamber?
13 Senator Dollinger, if you'll hold
14 for just a moment, we're attempting to reach
15 Senator Levy.
16 SENATOR DOLLINGER: Mr.
17 President. If you want to go out of order and
18 take the next bill that would be fine, as well.
19 ACTING PRESIDENT KUHL: That's
20 Senator Levy's also.
21 Senator Bruno.
22 SENATOR BRUNO: Mr. President.
23 The sponsor is in a meeting in another part of
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1 the building. I would suggest that we lay this
2 bill aside at the request of the sponsor.
3 ACTING PRESIDENT KUHL: Calendar
4 Number 33 is laid aside at the request of the
5 sponsor.
6 Secretary will continue to read
7 the controversial calendar.
8 THE SECRETARY: Calendar Number
9 34, by Senator Levy, Senate Bill Number 357, an
10 act to amend the Vehicle and Traffic Law.
11 SENATOR BRUNO: Lay it aside at
12 the request of the sponsor.
13 ACTING PRESIDENT KUHL: The bill
14 is laid aside.
15 Senator Bruno, that completes the
16 controversial calendar.
17 SENATOR BRUNO: Mr. President.
18 There being no further business to come before
19 the Senate, I move we adjourn until tomorrow at
20 3:00 p.m., and as we adjourn, I would ask the
21 members that they do it in respect for Senator
22 Leichter's family, and that we all remember him
23 and his family in our prayers in whatever ways
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1 that we pray.
2 Thank you, Mr. President.
3 ACTING PRESIDENT KUHL: Without
4 objection, the Senate stands adjourned until
5 tomorrow at the regular time, 3:00 p.m.
6 (Whereupon, at 3:12 p.m., Senate
7 adjourned.)
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