Regular Session - January 19, 2000
239
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 19, 2000
11:06 a.m.
REGULAR SESSION
SENATOR RAYMOND MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and join me in repeating the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation will be given by the Reverend Peter
Young.
REVEREND YOUNG: Thank you,
Senator.
Dear God, as we assemble on this
cold mid-January session day, we accept two
resolutions that thank Marie Brennan and Bill
Greer for their years of dedicated service to
this chamber, and we pray for the people of
this great State and for the Senators that
serve it, in Your name, now and forever.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, January 18th, the Senate met pursuant
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to adjournment. The Journal of Monday,
January 17th, was read and approved. On
motion, Senate adjourned.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Aging Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Aging Committee in
the Majority Conference Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Rath,
from the Committee on Local Government,
reports:
Senate Print 1061, by Senator
Seward, an act to amend the County Law;
2586, by Senator Meier, an act to
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amend the Real Property Tax Law;
4314, by Senator McGee, an act to
amend the Town Law;
4320, by Senator McGee, an act to
amend the Municipal Home Rule Law;
And 5207, by Senator Seward, an act
to amend the County Law.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 1323, by Senator
Marcellino, an act to amend the Vehicle and
Traffic Law;
3170, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
And 4572, by Senator Maltese, an
act to amend the Vehicle and Traffic Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills reported directly to
third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
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Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
On behalf of Senator Volker, on
page 10 I offer the following amendments to
Calendar Number 71, Senate Print 3537, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and the bill will
retain its place on the Third Reading
Calendar.
SENATOR LIBOUS: And, Mr.
President, again on behalf of Senator Volker,
on page 10 I offer the following amendments to
Calendar Number 65, Senate Print Number 725,
and ask that said bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and the bill will
retain its place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
don't believe the Resolution Calendar has been
244
distributed at this time. We'll take that up
later.
But if we could take up Resolution
Number 2775 and have it read in its entirety.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 2775.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 2775, honoring
William J. Greer upon the occasion of his
retirement from the New York State Senate.
"WHEREAS, The State of New York
takes great pride in acknowledging those
esteemed residents who have distinguished
themselves in service to their community and
their profession; and
"WHEREAS, William J. Greer was
honored at a party held at the University Club
on December 20, 1999, upon the occasion of his
retirement after 30 years of dedicated
service;
"Bill began his distinguished
career with the New York State Senate in 1969,
in the Senate Post Office;
"Through hard work and dedication,
he received several promotions and advanced
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through Central Staff; and
"WHEREAS, Bill has served as
Journal Clerk since 1995;
"Bill has worked diligently to
ensure the integrity of the Senate Journal
during his tenure;
"Bill has been a leader in guiding
the operations of the Journal Clerk's Office
into the 21st century; and
"WHEREAS, Bill worked under five
Governors, seven Lieutenant Governors, and
four Senate Majority Leaders;
"He announced his retirement from
this position effective December 30, 1999;
"Bill and his wife, Carolyn, are
the proud parents of two children, Deanna
Greer Schoenborn, who is married to Bill
Schoenborn, and William Greer, who is married
to Kira Greer; and
"WHEREAS, He also served with honor
in the United States Army for two years;
"Bill was an active board member of
the Albany County Cooperative Extension;
"He has shared his extensive
knowledge of the legislative process with
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schools and community organizations; and
"WHEREAS, The State of New York,
and in particular the New York State Senate,
would like to express its sincere appreciation
to Bill for his many years of faithful
service; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate William J. Greer upon his
well-earned retirement from the New York State
Senate, and to wish him a healthy and happy
future; and be it further
"RESOLVED, That a copy of this
Resolution, suitably engrossed, be transmitted
to William J. Greer."
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President.
If a person spends 31 years in
public service, it really is a testimony to
the commitment that that individual makes. To
be in a position over these last several years
at this desk in the Senate, out front, working
sometimes days, nights, weekends, really is
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above and beyond what would normally be
expected of any individual in their work. But
Bill was there; you could always depend on
him. You could always count on him.
And I can remember weekends before
I was Leader coming over and doing legislative
days. And with the team that was there -- and
some that were there with him for a lot of
years -- he just made this place happen and
hum, so that none of us had to be concerned
that the procedure here would not be recorded
properly, accurately.
So we're indebted to Bill for his
service. And I'm sure that as he goes on,
he's young enough in his life to be able to do
a lot of productive and constructive things.
I wanted to just say how grateful I
am for his friendship and for all the good
things that he did for me personally as
relating to my job and to my colleagues here
in the Senate.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
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ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Can we suggest
that we put everyone in the chamber on that
resolution unless they specifically would
rather be off it.
ACTING PRESIDENT MEIER: All
members will be added to the resolution unless
they notify the desk otherwise.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Resolution Number
2776, ask that it be read in its entirety, and
move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 2776 in its
entirety.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 2676, honoring
Marie Brennan, Senate Personnel Officer, upon
the occasion of her retirement after 26 years
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of dedicated service to the New York State
Senate.
"WHEREAS, It is the privilege of
this Legislative Body to honor individuals who
have faithfully served the people and
government of the State of New York with
dedication and conscientious service; and
"WHEREAS, December 30, 1999, marked
the conclusion of Marie T. Brennan's 26-year
career with the New York State Senate. For
the past 15 years, she served diligently as
the Senate's Personnel Officer; and
"WHEREAS, A lifelong resident of
the Capital District, Marie T. Brennan was
born in Troy, New York, the daughter of Joseph
and Margaret O'Connell. She is the sister of
Peggy Hanks and the late Joseph O'Connell;
"Marie T. Brennan is a graduate of
Watervliet High School and attended the
University at Albany;
"Marie T. Brennan began her
professional career with Albany Medical
College as a Medical Assistant to Dr. J. Lewi
Donhauser; and
"WHEREAS, After joining the staff
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of then-Senate Majority Leader Warren M.
Anderson in 1973, Marie T. Brennan was
selected in 1976 by the Secretary of the
Senate, Roger C. Thompson, to assist in
establishing a personnel operation for the New
York State Senate. In conjunction with
Richard S. Walter, the Senate's first
Personnel Officer, Marie T. Brennan built the
much-needed personnel operation from literally
a box of index cards to a full-service
Personnel Office that is automated with the
leading edge of human resources technology;
"Marie T. Brennan, as the Senate's
Personnel Officer, was fastidious for detail
and demanded that records be kept in
top-flight order and made no exceptions that a
Senate staff person's personnel files and
inquiries to the Personnel Office be kept
confidential at all times;
"Marie T. Brennan loved working
with people and made it a point to keep her
office door open and was willing to talk with
any Senate staff person coming to the office
with a problem. Many times such problems were
personal in nature, and Mrs. Brennan would
251
seek out applicable assistance for the staff
person. She was many times called upon to
resolve personnel disputes, and she was an
advocate for making sure that no staff person
was treated unfairly or inappropriately,
regardless of their employment position; and
"WHEREAS, Marie T. Brennan was
instrumental in the formation and operation of
the Children's Corner Day Care Center, which
operates in the Empire State Plaza Complex as
a service to the New York State employees;
"Her Irish heritage is a source of
significant pride for Mrs. Brennan. She has
visited Ireland extensively and is a devout
student of Irish ancestry.
"She is a parishioner of Our Lady
of the Assumption Church in Latham and is a
member of the Watervliet Elks Women's
Auxiliary. Marie enjoys golf and is a member
of the Watervliet Arsenal Pitch and Putt
League; and
"WHEREAS, Mrs. Brennan has had the
strength and endurance to overcome major
health obstacles in recent years and is
anxious to be an example for others to
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persevere in not letting debilitating health
problems limit one's ability to lead a
productive life; and
"WHEREAS, She desired to retire to
devote more time to her family: her husband
of 37 years, Donald F. Brennan, her son,
Darren, her daughter, Colleen, and their
respective families; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to express its
highest respect and deep appreciation to Marie
T. Brennan, recognizing the significance of
her contributions to the functioning of the
State Senate over the past 26 years and the
dedication she demonstrated as the Senate's
Personnel Officer, and to extend to her a
heartfelt wish for a long and rewarding
future; and be it further
"RESOLVED, That a copy of this
Resolution, suitably engrossed, be transmitted
to Marie T. Brennan."
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President.
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As you listen to this resolution
outlining Marie's career, you can't help but
just wonder how a person can almost start -
and I know the history of that personnel
office was literally one of the less
information, the better, and taking it to the
professional level that we enjoy here in the
Senate today.
And that's thanks to Marie's
diligence, her commitment, and her
professionalism. She's a true professional.
And when you think about human
resources, personnel, the records that are
necessary to be kept, the accuracy, the
confidentiality has been stated -- but the
personal interface with employees when there
are problems, and some problems that are
serious, Marie was there on a human level,
relating to people. Not in any bureaucratic
way, but in a real, personal, warm,
affectionate way. And there wasn't any person
that was ever turned away for any reason.
So I've treasured my friendship and
my personal relationship with Marie and with
her husband, Don, and trust that given a
254
little less responsibility in life than
looking after the 1600 people that you've been
looking after here for so many years, that you
will be able to enjoy some relaxation and do
some of the things that I know that you would
be inhibited from doing given the
responsibility that you've had here.
So we thank you for all the good
things that you have done for all of us. I
thank you for what you have meant to me
personally. And we look forward to staying in
touch as you go on to do some of the other
things that you'll be doing in your life.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
yesterday we had a resolution here for Jess
Present, and we talked about institutionalism
and about the institution. And we just did a
resolution on Bill Greer, who has been here
for so many years. And really, for some of
us, we remember him back to almost a time
that -- well, a few of us remember right when
he was here. But he and Joe Cornell, who was
his predecessor.
255
Marie Brennan, I must say, you
know, that to have known her for many, many
years, it will be hard to think of Personnel
without Marie Brennan, who has been a rock of
Gibraltar, in my opinion, in overseeing the
Senate over the years.
And I don't think people realize
the problems -- well, I know that some people
don't realize the problems that have occurred
with staff people, and some of them are very
delicate. I've had a couple with staff people
who have had health problems and various types
of things that occur where what you need is -
although the rules are there, and you
certainly have to follow the rules, what you
try to do is make sure that you have a
government with a heart.
Because all the talk about fiscal
responsibility is certainly critically
important, and nobody wants to do that any
more than we do. But on the other hand, we
have to deal, I think, with a small family -
maybe a large family here, really. And we try
to do it in a way in which -- in the best
interests, really, of this family.
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And Marie Brennan has been a tower
of strength in that area and has always had -
not only taken her responsibility in a very
dedicated way, but also, I think, has done it
in a way in which the best interests of the
Senate and the individual members are always
at heart.
Finally, I just want to say -- and
I guess Marie and I became particularly good
friends when the both of us suffered some
health problems here a few years ago. And at
the time, in fact, I been operated on, and
Marie was operated on fairly quickly after my
surgery. And we talked with each other
because we shared some of the same types of
problems.
And Marie was a tower of strength
and courage because she went through a very
difficult period, came back here when a lot of
people thought she would not do it, dedicated
herself to the Senate, got us through some
difficult times here in the Senate as well as
herself.
And from my perspective, to her and
her family, my very best wishes, because I
257
think she's a super person. And I know
whatever she does in the future, why, wherever
she goes, she'll distinguish herself.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If I could, Mr.
President.
Marie, it's wonderful to see your
family with you and your extended family
behind you. And I would be remiss if I just
didn't say thank you to you for all that
you've done on my behalf, on behalf of my
staff. You made our lives a lot better here,
and for that we'll be eternally grateful.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
Marie, I just wanted to say thank
you. I haven't been in the Senate as long as
some of the predecessors and some of the
people who have spoken before me. But you
made my introduction to this house a very
positive one. You helped me out personally,
you helped members of my staff out personally.
258
It was a great feeling of warmth.
I felt almost guilty if I didn't ask
questions, because you always were there for
every question. And you always did a
fantastic job for myself and the members of my
staff and, I know, all our colleagues.
We have a tendency sometimes to
overlook people who do these kind of jobs and
support us and help us, and it's something
that we have to remind ourselves, not only
upon people's retirement, but on a day-to-day
basis, because we have a tremendous support
staff here that makes this house work, that
makes government work. I know you've been a
leader in that and been a very important part
of that.
I have only one question to ask of
Marie. Who gave you your advice? That's the
only question. God bless.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Thank you, Mr.
President.
I rise along with the other members
of this body to say that Marie Brennan has
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been a wonderful professional, a great human
being. And we sometimes don't realize that we
are losing a piece of institutional memory,
that memory that has kept both members and
staff in compliance with so many rules. And a
person who has the knowledge and we, when
Marie would say such-and-such, this is the
rule, that we would say yes, and feel very
confident with her input and her
recommendation.
But as so many other people have
said -- Senator Volker -- that she is a person
who always has a smile, regardless of what is
involved in her life, and a very happy
individual who will be missed.
And I want to say for the record,
Marie, that Senator Stachowski has, as you
know, his annual kielbasa luncheon, and that a
group of us get together and have the good
fortune of spending 15 minutes, half an hour
together, at least that, once a year. And we
fully expect that you will come back and visit
with our group so that we can reminisce and
talk about all the things that are relevant in
our life.
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Much good luck, health, and
happiness to you.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor -
I'm sorry, very sorry. Senator
Mendez.
SENATOR MENDEZ: Thank you.
Thank you, Mr. President.
I too want to rise to wish Marie
the very best in the new station of her life
of being retired. I think that it has been -
in the 21 years that I have been here, it has
been a pleasure working with her, always with
a sunny disposition, always there to help, and
a woman that is so competent.
And because of being so bright and
competent and knowledgeable of the rules and
regulations that we have to follow, then she
makes our lives as public elected officials
easier.
We love you, Marie. If I would
have a good voice, I would sing that song "Oh,
Marie." You know that one?
So we hate to see you leave, but
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it's been wonderful working with you. And God
bless you.
ACTING PRESIDENT MEIER: Does any
other member wish to be heard?
The question, then, is on the
resolution. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is unanimously passed, with the
affection and respect of the Senate.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: I ask that all
members be placed on the resolution. If you
do not wish to sponsor it, please notify the
desk.
ACTING PRESIDENT MEIER: All
members will be placed on the resolution
unless they indicate otherwise.
Senator Skelos.
262
SENATOR SKELOS: Mr. President, I
believe there are three privilege resolutions
at the desk by Senator Bruno. I ask that the
titles be read and move for their immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the titles of the
privilege resolutions.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 2801, commending
Firefighter Harry G. Connerty, Jr., for 35
years of ceaseless dedicated service to the
Hillcrest Volunteer Fire Department, Halfmoon,
New York, on January 22, 2000.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
The Secretary will continue to read
the privilege resolutions.
263
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 2802, commending
Firefighter Thomas M. McBride, Sr., for 35
years of ceaseless dedicated service to the
Hillcrest Volunteer Fire Department, Halfmoon,
New York, on January 22, 2000.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
The Secretary will continue to
read.
THE SECRETARY: By Senator Bruno.
Legislative Resolution Number 2803, commending
Firefighter Arthur S. Miller for 60 years of
ceaseless dedicated service to the West Sand
Lake Volunteer Fire Department, on January 22,
2000.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
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favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
2, by Senator Johnson, Senate Print 762, an
act to amend the State Finance Law, in
relation to allocations.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4, by Senator LaValle, Senate Print 1745, an
act to amend Chapter 554 of the Laws of 1996,
relating to creating the Brookhaven National
Laboratory.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
32, by Senator Rath, Senate Print 3689, an act
to amend the Civil Practice Law and Rules and
the Executive Law, in relation to extending
the statute of limitations.
ACTING PRESIDENT MEIER: Read the
last section.
266
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
33, by Senator Bonacic, Senate Print -
SENATOR CONNOR: Lay it aside for
a question from Senator Duane, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
35, by Senator Hoffmann, Senate Print 4259A,
an act to -
SENATOR CONNOR: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
36, by Senator Bonacic, Senate Print -
SENATOR CONNOR: Lay it aside for
267
a question from Senator Duane, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
44, by Senator Alesi, Senate Print 3965, an
act to amend the Economic Development Law, in
relation to allowing the Commissioner of
Economic Development.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
77, by Senator Volker -
SENATOR CONNOR: Lay it aside for
a question by Senator Breslin.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Skelos, that completes the
268
reading of the noncontroversial calendar.
SENATOR SKELOS: If we could take
up the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
33, by Senator Bonacic, Senate Print 3715A, an
act to amend the Penal Law, in relation to the
crime of aggravated harassment of an employee.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Bonacic, an explanation has been requested by
Senator Duane.
SENATOR BONACIC: Thank you, Mr.
President.
This is an act to amend the Penal
Law in relation to the crime of aggravated
harassment of an employee. This legislation
expands the crime to include actions by
persons against employees in mental health
facilities and in offices of the Mental
Retardation and Development Disabilities.
As you recall, we have passed
269
legislation that protects correction officers
in correction facilities by inmates. In
reading the statute under McKinney's, it also
stated that the law could apply to juveniles.
And that's why we make a technical change to
the word "respondents," to cover juveniles who
may engage in acts in throwing urine or feces
at employees that work in those facilities.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Would the sponsor
yield to some questions?
ACTING PRESIDENT MEIER: Will the
sponsor yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you.
Are we looking into what the
thinking is of an inmate in this bill?
SENATOR BONACIC: I don't think
we do psychological profiles. We look more of
the act.
And when an inmate -- we assume
that, you know, he's probably in jail for
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committing acts against society. When he
engages in an act and breaks the law or rules
in which they could inflict bodily harm on our
employees that work in correction facilities
or mental health facilities, that -- if urine
might have, you know, the AIDS virus and that
correction officer has to be tested and to
make sure that there was no danger to that
employee.
We do not do a psychological
profile on that inmate if he was convicted of
violating this Penal Law.
SENATOR DUANE: If the sponsor
would continue to yield.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
SENATOR DUANE: But isn't that
exactly why these inmates are in a mental
health facility, so that they can have a
psychological evaluation?
SENATOR BONACIC: Let me take a
step back. I believe that we try to do
rehabilitation to all inmates, mental
patients, juveniles that are in the facilities
271
for one reason or another if it's crimes
against society.
In order to be convicted of a crime
under this legislation, you have to show that
the person committing the act of throwing
urine or other substances intentionally knew
what they were doing. So in the case where
I'm trying to expand, for someone that's
mentally disabled, didn't know what they were
doing -- accidental vomiting, say, on an
employee -- under this statute, that's not
punishable. There must be an intent.
And if you can show that intent,
under our proposed legislation they would be
guilty of this crime, regardless of what was
meant -- what was -- the psychological
problems for antisocial behavior.
SENATOR DUANE: If the sponsor
would continue to yield.
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: Senator
Bonacic continues to yield, Senator Duane.
SENATOR DUANE: But isn't that
why they're being sent to a mental hospital,
because the prison psychiatrist has deemed
272
that they are mentally ill and needing of
mental health treatment? What more proof do
you need?
SENATOR BONACIC: I don't
disagree with you that people that are in
mental institutions need rehabilitation and to
try to get through the psychological and/or
emotional problems so they can function in
society.
SENATOR DUANE: I believe it was
Senator DeFrancisco who pointed out in our
committee meeting that it would be very
difficult to tell in a mental hospital whether
or not if -- if one of the -- if the inmate
could actually tell who the mental health
workers were. For instance, the janitorial
staff wears pretty much the same white
uniforms as everyone else does.
And yet if someone were to throw
feces and urine at someone who wasn't a mental
health caseworker, they wouldn't get charged
under this legislation; is that correct?
SENATOR BONACIC: It's intended
to cover any of the employees in these
facilities.
273
What we're trying to discourage is
the act of throwing feces or urine at any
employees, whether they're a correctional
worker or an employee. The risk of danger is
just as great to all of those employees
regardless of what their specific duties are
in those institutions.
SENATOR DUANE: Through you, Mr.
President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Then your bill is
poorly drafted, because that's not what it
says.
SENATOR BONACIC: Well, do you
want to point out specifically where you claim
it doesn't say that?
SENATOR DUANE: Yeah. It says
employees -- it says -- although frankly I
would think you would know better than I, but
I'll look for it.
274
SENATOR BONACIC: I do believe -
I have the bill. It's a short bill. And it
refers specifically to "employee" without
specific designation.
SENATOR DUANE: While it is true
that -
ACTING PRESIDENT MEIER: Well,
gentlemen, just so we can put some shape
around this, do you want the sponsor to
continue to yield?
SENATOR DUANE: Well, I'm not -
I'm responding to his question. So he needs
to ask me to yield now.
ACTING PRESIDENT MEIER: No, I
don't think that's the way it works. If you
have a question -
SENATOR DUANE: How does it work?
ACTING PRESIDENT MEIER: -- you
want to pose, you would ask the sponsor to
yield. If you want to speak on the bill, you
would indicate that.
SENATOR DUANE: If the sponsor
would yield so I could respond to his question
to me.
ACTING PRESIDENT MEIER: Well,
275
would the sponsor yield so that Senator Duane
can frame a question?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Does this bill
cover contracted-out employees -- for
instance, in the cafeteria or an outside
janitorial service -- who would be performing
functions in the facility?
SENATOR BONACIC: It's my
understanding that it's specifically for
employees of the facility and it would not
cover what we call independent contractors
that -- like a privatization, that come in and
perform duties in those facilities.
SENATOR DUANE: Through you, Mr.
President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Do you
continue to yield, Senator Bonacic?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: And therefore, is
276
it your contention, then, that persons who are
employees of OMRDD are entitled to special
protections from feces and urine than
independent contractors?
SENATOR BONACIC: I don't. But
now that you brought that distinction up,
perhaps I'll go back to this bill and look to
expand it to cover employees that are engaging
in privatization in these facilities. It's a
good idea.
SENATOR DUANE: And then through
you, Mr. President, if the sponsor will
continue to yield.
ACTING PRESIDENT MEIER: Do you
continue to yield, Senator Bonacic?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Then anyone who
is actually working in an OMRDD facility you
believe then deserves special protection, a
higher level of protection than, for instance,
people outside those facilities?
SENATOR BONACIC: I believe that
anyone who works in those facilities deserves
277
equal protection against these kinds of acts
of antisocial behavior.
SENATOR DUANE: So through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: He
yields.
SENATOR DUANE: So they are
entitled to a special protection under this
law which you've proposed?
SENATOR BONACIC: When you say
"special protection," we already give
correction officers that work in correction
facilities these protections. We now want to
expand it to youth facilities, mental health
facilities, and facilities of mental
retardation and disability.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
278
sponsor yields.
SENATOR DUANE: And so you
believe that people in all of these areas of
employment deserve special protections?
SENATOR BONACIC: I do.
SENATOR DUANE: Thank you.
I have a further question if the
sponsor will continue to yield.
ACTING PRESIDENT MEIER: Do you
continue to yield, Senator Bonacic?
SENATOR BONACIC: I do.
I feel like I'm getting married, "I
do." Several times.
(Laughter.)
SENATOR DUANE: If the sponsor
would tell me how it is that this bill came
about.
SENATOR BONACIC: Well, this bill
came about because there were many instances
originally where correction officers were
being threatened and actually where there
could be physical harm to them where urine and
feces were thrown at them. And there was a
concern that the HIV virus could have been
contained in the urine or the feces.
279
A best-case scenario, the
correction officer has to go through a series
of tests, high anxiety, and worry that they
may become afflicted with a disease that the
inmate had. And that could occur and has
occurred.
Now, those employees in the
facilities that we've talked about, the mental
health facilities, have said that they have
these same kind of dangers and risks to them
and could we extend the protection to them.
So the request came from workers
who work in these facilities that want the
same kind of protections that correction
officers now enjoy in correction facilities.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you continue to yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: He does.
SENATOR DUANE: As -- it sounds
as if employees of OMRDD have asked for
this -- although, frankly, I haven't gotten a
letter from them requesting this legislation.
280
I'm wondering why it is, then, that
when thousands and thousands of New Yorkers
have requested protection in the form of a
hate-crimes bill, the Senate has not deemed it
necessary to respond to that request.
SENATOR BONACIC: I don't think
that is appropriate.
I can tell you that as a member of
the Assembly for almost nine years, I for one
have supported that legislation. I know that
this subject is being studied, and I'm sure
that is a subject for another day.
But, you know, I don't want to be
comparing apples and oranges. We're here
today on the issue of the mental health
facilities and trying to protect those
workers. But I respect what you say, and it
is something that I think deserves our
attention in the future.
SENATOR DUANE: Thank you.
Thank you, Mr. President. If I may
speak on the bill, please.
ACTING PRESIDENT MEIER: Of
course. Senator Duane, on the bill.
SENATOR DUANE: Thank you very
281
much.
I want to go back to comments I
made yesterday, because we are just in the
middle of a whole feces and urine extravaganza
here on the floor of the Senate today. But
from -- my understanding is if it's anything
like last year, we can look forward to many
more feces and urine bills to discuss in the
course of this session.
I think it would be more productive
if we put all the feces and urine legislation
into one big package and debated that one.
But the Senate has not seen fit to do it that
way. And as I said to -- asked Senator Volker
about that in Codes, he said because people
just all have their own feces and urine bills
and they can't put them together. And I
suggested that we should all try to get along
on this issue, but that's just, I guess, not
to be the case.
But specifically on this piece of
legislation, it does strike me that this -- if
this is a problem in OMRDD facilities, I
believe that goes exactly to the point which I
previously made on this floor, that the
282
throwing of feces and urine is in fact a
mental health issue and not a criminal justice
issue, should be treated as a mental health
issue.
If we were going to be productive
on this, instead of throwing of feces and
urine being something which necessitates
higher penalties, what instead it should
necessitate is a higher quality of mental
health services in all of New York State
facilities.
And I would encourage my colleagues
to vote no on this one, even more specifically
because it does apply to mental health
facilities. I believe that people that go
into the field of mental health should be very
well versed in the psychological issue of
throwing of body fluids and feces and urine,
and in fact this should not be treated as a
criminal justice issue in those facilities but
as a mental health issue.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
283
will the sponsor yield, please?
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator
Bonacic, I'm a little confused about this.
Isn't the simple fact of somebody throwing an
object, whether it was urine, feces, or a
book, whatever he may happen to have at his
side to be throwing it, what difference does
it make whether the object is feces? Maybe
even the bandage that he had on his wound or
something, and throwing it. It isn't it all
covered by an assault?
SENATOR BONACIC: It is not. In
order to have an assault, you must have
physical injury to the person that receives
it. So if I threw a bandage at you and you
have no physical injury, that is not an
assault.
So we're trying to get a category
of aggravated harassment where inmates have
been engaging in this at a higher level of
284
activity, in throwing feces and urine which
may or may not contain the AIDS virus. That's
what we're trying to discourage specifically.
In terms of broadening the
legislation, we're not there yet. We're just
concentrating on these dangers that the
correction officers and the unions have come
to this Legislature and said this is an area
where they need help. And now it's been
extended to the mental health facilities.
SENATOR ONORATO: Will the
sponsor yield to one further question?
SENATOR BONACIC: I do. I do.
SENATOR ONORATO: What happens to
a visitor at the facility, such as yourself or
I who may be on the committee, and we go to
that facility and have it thrown at us? Are
we protected?
SENATOR BONACIC: That's a good
question. Under this particular statute,
you're not. But we're proposing it.
SENATOR ONORATO: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Montgomery.
285
SENATOR MONTGOMERY: Thank you,
Mr. President. If the sponsor would yield for
a -
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Thank you.
I would just like to ask you, your
bill adds also respondents. That's juveniles;
is that correct?
SENATOR BONACIC: It is.
SENATOR MONTGOMERY: Give me the
ages of the respondents that you would be
referring to that this would cover.
SENATOR BONACIC: It would be any
individual that was in a youth facility. And
my recollection is as young as 15. I'm not
exactly sure, but this is -- I mean, I'm
talking about my prior legal knowledge which I
recall, and I think it goes up to 18. I think
it's that age group, roughly 15 to 18.
SENATOR MONTGOMERY: Okay. So in
other words, this does not cover all of the
286
respondents, only a certain number?
SENATOR BONACIC: No, it -- in
these youth facilities, that's correct.
SENATOR MONTGOMERY: And the
youth facilities don't have 12-year-olds, for
instance, or 14-year-olds; is that the case?
SENATOR BONACIC: Well, the youth
facilities that this legislation is directed
against is that -- the teenager in the later
years, the 15 through the 18.
SENATOR MONTGOMERY: Okay. But
the legislation does not specify that -
SENATOR BONACIC: It does not.
SENATOR MONTGOMERY: -- it just
says "respondents"?
SENATOR BONACIC: It does not.
SENATOR MONTGOMERY: Okay. So
now I just would like to ask you, how -- do
you have an idea how many respondents would be
covered by this, how many youth in those
facilities? Do you have some idea what that
population is?
SENATOR BONACIC: I don't know
the amount of respondents in all our youth
facilities in the state of New York. I don't
287
have a handle on that number. But I would
gladly get that information to you
subsequently.
SENATOR MONTGOMERY: Okay. That
would be helpful and interesting, to see just
how many youth this bill would cover.
Now, you -
ACTING PRESIDENT MEIER: Senator
Montgomery, do you wish the sponsor to
continue to yield?
SENATOR MONTGOMERY: Yes.
ACTING PRESIDENT MEIER: Do you
yield, Senator Bonacic?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: He does.
SENATOR MONTGOMERY: Thank you.
It's a little cumbersome process, but we've
lived with it for many years.
Now, Senator, the -- your bill
would include OMR and OMRDD.
SENATOR BONACIC: That's correct.
SENATOR MONTGOMERY: And you say
that anyone who is convicted of this
particular act -- that's a class E felony, I
believe your bill says; is that right? Class
288
E felony. This is already in law.
SENATOR BONACIC: Yes. Yes.
SENATOR MONTGOMERY: So now what
do you do with the mentally ill or the
developmentally handicapped people? Do they
now go into DOCS if they commit this act?
What do we do with them?
SENATOR BONACIC: I think we have
evidentiary problems. First of all, the
mental patient, in order to be convicted of
this crime, had to be one, sane, had to have
an intent to do it. And they could all raise
the defense of lack of mental capacity, that
there was no intent. These are evidentiary
problems.
But assuming, assuming for our
discussion that there was evidence for
conviction, it would be my understanding that
when they got out of the mental facility, they
would have to serve the time at a correctional
facility if they were an adult.
SENATOR MONTGOMERY: I see.
So -
SENATOR BONACIC: That's the
way -
289
SENATOR MONTGOMERY: -- once they
are well enough to come out of there, the
OMRDD or the OMR, they now have to go into
DOCS to serve the time based on this act.
SENATOR BONACIC: And if the
reason they were in there in the beginning is
because they lacked the mental capacity to
commit the crime, then it wouldn't be a crime.
It would be an affirmative defense.
SENATOR MONTGOMERY: Okay. All
right. I would just like to comment on the
legislation.
Thank you, Senator Bonacic.
SENATOR BONACIC: You're welcome.
ACTING PRESIDENT MEIER: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: I just want
to -- we don't know how many respondents this
bill would cover. And obviously I don't have
that figure. Senator Bonacic doesn't have it.
But we can presume that it's -
whatever the number, it would become a
possibility that every young person in those
facilities would also be covered by this law.
So now we are very possibly including
290
12-year-olds, and possibly even younger, as
part of the penal system.
So that's one issue. But -- and
these -- all of these bills, 33, 35, 36
calendar numbers, seem to be moving in that
direction. As Senator Duane has said, the
feces and urine bills.
But I want to raise another kind of
issue beyond the feces and the urine. And
certainly I support the protection of
employees in any institution where they are
endangered and they are forced to be on the
front lines. However, I want to just go on
record here at this time as being in
opposition to these kinds of bills which do
nothing to protect -- it is my belief they do
nothing to protect the safety of the employees
in those institutions, but they do everything
to expand this burgeoning, growing prisoner
industrial complex.
It keeps people in longer periods
of time. We now have a situation where
inmates are extremely restless because they
are not being allowed to be paroled out even
at the time that they're eligible for parole.
291
Where we have a situation where there is no -
practically no programs for rehabilitation.
We've removed all educational and training
programs from those institutions.
So we're essentially creating the
most dangerous situation in our correctional
system, which is very similar to what we had
at Attica in 1971 and prior to that.
So we're not really moving to
protect people who work in those facilities,
and in fact we're creating a situation where
they are more in danger than if we gave them
some tools by which they could work to
rehabilitate people there and to give them a
sense that once they are out they would have
something that they could use to keep them
out.
So I'm just opposed to this. I
think it's -- we now in our -- I have figures
here. I've been collecting this information
over the years. This is from an article in
USA Today in 1998 where it was -- this writer
calculated for us the number of people on
probation and parole in New York State. At
that time it was 245,551. There are 72,000
292
people in state prison now. So that's over
300,000 people who are in prison now, state
prison, on parole or probation.
And that doesn't take into
consideration the people who are in the local
jails. And it also doesn't take into
consideration the people who are going to be
now covered by Senator Bonacic's bill, which
is now going to cover all of the youth
facilities.
So I just want to be on record to
say that I will not participate in this
process of expanding a prison system which,
more and more, puts people in a situation
where there is no hope of ever escaping. So
it's a kind of enslavement, and we're doing it
under the guise of protecting this group or
that group. But the ultimate result and the
ultimate goal is to just keep people in,
incarcerated for longer and longer periods of
time.
And I must stand up and say what I
really feel, that is also disproportionately
aimed at people of color. That's why I want
to be on record.
293
I will not speak on all of these
bills, even though I'm going to vote against
all of them. They all do the same thing.
They will be coming before us week after week,
I understand that. And I understand what it's
playing to. But I must say that I want to be
on record to say to you that I object to this
way of essentially removing the civil rights
from a group of people in our society because
they are poor, they are not educated well, and
we are giving them absolutely no way out of
that situation.
So, Mr. President, thank you for
allowing me to make a statement on record.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
294
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
36, by Senator Bonacic, Senate Print 5706, an
act to amend the Penal Law, in relation to
aggravated harassment.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Bonacic, an explanation has been requested by
Senator Duane.
SENATOR BONACIC: Thank you, Mr.
President.
This also is an act to amend the
Penal Law in relation to the aggravated
harassment of an employee by an inmate. It
deals with similar subject matter, but it's
specific for correction facilities.
And the statutes have been narrowly
construed. In the past, it was very specific.
Current law lists only throwing, tossing, and
expelling as a prohibition means of attempting
to cause a substance to come into contact with
an employee.
And what we are trying to do with
295
this legislation is expand it as follows,
where an inmate could place a substance on an
employee. We had a specific case in Sullivan
County where an inmate took a glass and he
dipped it into a toilet and he took the
substance that was in the toilet and he then
placed it on an employee. Not throwing.
And you could say, well, isn't this
ridiculous. If he just poured it on and
didn't really throw it, shouldn't it be
encompassed under the old statute? But what
the judges have been doing, they have
concentrated on the physical act by which the
substance comes into contact with the
employee.
And what this does, number one, it
expands how the substance gets there besides
throwing. And, second thing, it involves
other bodily fluids such as saliva and any
other bodily secretions other than urine or
feces.
This bill passed the Senate last
year by 58 to 1. But again, it's just
tightening the existing statute. It's more
geared to language changes in making it cover
296
the situations it was intended for. Basically
you don't want an inmate putting any urine,
feces, or any other substance on a correction
employee, by any means. That's what the
purpose of this statute is.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: I would just like
to speak on the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Thank you.
I believe that, in addition to my
previously stated objections to this type of
legislation, that I believe the word "placing"
is very problematic. I think it could lead to
a lot of unfairness and difficulty.
For instance if an inmate had an
accident, could that not be used against him?
The whole definition of "placing" is so
nebulous that I think it could be used to
unduly punish people who are incarcerated.
And I'm also very concerned that
this bill will open up a slippery slope in
terms of what we're doing in other feces and
297
urine bills, and that "placing" will become
part of those bills as well. And I just think
that we are creating terrible public policy as
we continue to look at this as criminal
justice in nature as opposed to mental health.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
77, by Senator Volker, Senate Print 6231, an
act to amend the Tax Law, in relation to the
imposition of sales and use taxes by the
County of Erie.
ACTING PRESIDENT MEIER: Senator
298
Volker, an explanation has been requested -
Senator Breslin, why do you rise?
SENATOR BRESLIN: I'd like to
know if the sponsor would yield. I don't
think an explanation is necessary.
ACTING PRESIDENT MEIER: Senator
Volker, do you yield for a question?
SENATOR VOLKER: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: The sponsor has
been gracious enough to supply me with a home
rule message, which would have been my
question to the sponsor. So I withdraw any
questions I might have.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
2. Senators Dollinger and Gentile recorded in
the negative.
299
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Volker.
SENATOR VOLKER: Mr. President,
can we go back to the Resolution Calendar and
adopt the Resolution Calendar, with the
exception of Resolutions 2775 and 2776 that
have already been adopted.
ACTING PRESIDENT MEIER: All in
favor of adopting the Resolution Calendar,
with the exception of Resolutions 2775 and
2776, previously adopted, signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Volker.
SENATOR VOLKER: Mr. President, I
think there's a privilege resolution at the
desk by Senator Mendez. Would you read the
title, and I ask it be adopted.
ACTING PRESIDENT MEIER: The
300
Secretary will read the title of the
privileged resolution.
THE SECRETARY: By Senator
Mendez, Legislative Resolution Number 2804,
honoring the Instituto Duartiano upon the
occasion of a visit of a delegation
representing its members to the New York State
Capitol on January 24, 2000.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Volker.
SENATOR VOLKER: Can we return to
reports of standing committees. I understand
there's some committee agendas at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Maziarz,
from the Committee on Aging, reports the
301
following bills:
Senate Print 812, by Senator
Johnson, an act to amend the Real Property Tax
Law;
1836, by Senator Farley, an act to
amend the Education Law;
And 3276, by Senator Trunzo, an act
to amend the Real Property Tax Law.
Senator Kuhl, from the Committee on
Education, reports:
Senate Print 1132A, by Senator
Skelos, an act to amend the Education Law;
3532, by Senator Farley, an act in
relation to the calculation;
5799, by Senator Morahan, an act to
amend the Education Law;
5857, by Senator LaValle, an act to
amend the Education Law;
6274, by Senator Padavan, an act to
amend the Education Law;
6276, by Senator McGee, an act to
amend the Education Law;
And 6286, by Senator Kuhl, an act
to amend the Education Law.
Senator Hannon, from the Committee
302
on Health, reports:
Senate Print 1708, by Senator
Trunzo, an act to amend the Public Health Law;
2157, by Senator Hannon, an act to
amend the Public Health Law and the Education
Law;
Senate Print 4870A, by Senator
Hannon, an act to amend the Public Health Law;
And 6097, with amendments, by
Senator Hannon, an act to amend the Public
Health Law and the Insurance Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Volker.
SENATOR VOLKER: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR VOLKER: Would you
recognize Senator Mendez, please.
ACTING PRESIDENT MEIER: Senator
Mendez.
303
SENATOR MENDEZ: There will be an
immediate conference of the Minority at
Room 314.
ACTING PRESIDENT MEIER: There
will be an immediate conference of the
Minority in Room 314.
Senator Volker.
SENATOR VOLKER: There being no
further business to come before the Senate, I
move we adjourn until Monday, January 24th, at
3:00 p.m., intervening days being legislative
days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, January 24th, at 3:00 p.m.
Intervening days will be legislative days.
(Whereupon, at 12:12 p.m., the
Senate adjourned.)