Monday, February 6, 1995

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 February 6, 1995 11 3:00 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 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. 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. 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. 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. 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 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, 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 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 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 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. 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 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 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.) 8 9 10 11 12