Regular Session - July 13, 1999
6499
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
July 13, 1999
10:40 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.
Will you please join me in reciting
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
G. Young.
REVEREND YOUNG: Let us pray.
Dear God, we ask Your presence and
Your blessings on our time together today. We
have come to express our concerns about the
welfare of our community and our state, to
learn from each other, to grow in spirit and
character, to find Your will for our lives and
our neighbors.
We thank You for the opportunity in
this country to assemble ourselves at any time
and at any place to discuss our concerns as
citizens. And we are mindful that many in our
world do not enjoy such freedom, as exampled
in Iran today.
As we gather in this summer season,
6501
we take the time to remember our departed
Senate colleague, Senator Leonard Stavisky,
for his gift and intelligent expertise in
education, and for his dedication. But
mostly, again, for his acceptance of his
physical limitation during the past two years,
while possessing his most powerful and capable
knowledge of over 30 years as both an
Assemblyman and as a Senator. We pray for him
especially today that he will be with God and
enjoy the reward of a good life.
We ask You this now and forever.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, July 12th, the Senate met pursuant to
adjournment. The Journal of Saturday,
July 10th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
6502
Messages from the Governor.
Reports of standing committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President -
ACTING PRESIDENT MEIER: Just a
second, Senator Marcellino.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
I wish to call up Senator Meier's
bill, Print Number 2825A, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator Meier,
Senate Print 2825A, an act to authorize the
Potsdam School District to finance deficits.
SENATOR MARCELLINO: Mr. Presid
ent, I now move to reconsider the vote by
which this bill was passed.
ACTING PRESIDENT MEIER: Call the
6503
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR MARCELLINO: Mr.
President, I now move to recommit this bill to
the Committee on Rules.
ACTING PRESIDENT MEIER: The bill
is -- the bill is restored to its place on the
Third Reading Calendar, and it's restored to
the Committee on Rules. So ordered.
Senator Marcellino.
SENATOR MARCELLINO: Mr. Pre
sident, I wish to call up Senator Stafford's
bill, Print Number 4927A, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Stafford, Senate Print 4927A, an act to amend
the State Finance Law.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which this bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
6504
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR MARCELLINO: Mr.
President, I now move to recommit the bill to
the Committee on Rules.
ACTING PRESIDENT MEIER: The bill
is restored to its place on the Third Reading
Calendar and is recommitted to the Committee
on Rules.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I wish to call up Senator Larkin's
bill, Print Number 5734, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Larkin, Senate Print 5734, an act to amend the
Insurance Law.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
6505
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is restored to its place on the Third Reading
Calendar.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I now move to recommit the bill to
the Committee on Rules.
ACTING PRESIDENT MEIER: So
ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: I hand up the
following privileged resolution by Senator
Bruno and ask that the title be read and move
for its immediate adoption.
6506
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 2142, authorizing the
Temporary President of the Senate to file an
election to make certain officers or employees
of the Senate eligible for the retirement
incentive offered by Chapter 41 of the Laws of
1997, as extended by Chapter 70 of the Laws of
1999, as amended.
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 Skelos.
SENATOR SKELOS: Mr. President,
may we please have the title read on Senator
Bruno's Privileged Resolution 2104 and move
for its immediate adoption.
ACTING PRESIDENT MEIER: The
6507
Secretary will read.
THE SECRETARY: By Senator Bruno,
concurrent resolution of the Senate and
Assembly, Number 2104, authorizing the
Temporary President of the Senate and the
Speaker of the Assembly to file an election to
make certain officers and employees of joint
legislative employers eligible for the
retirement incentive offered by Chapter 41 of
the Laws of 1997, extended by Chapter 70 of
the Laws of 1999, as amended.
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 Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could adopt the Resolution
Calendar in its entirety.
ACTING PRESIDENT MEIER: All in
6508
favor of adopting the Resolution Calendar
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: If we could
stand at ease pending the report of the
Finance Committee.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Finance Committee.
(Whereupon, the Senate stood at
ease at 10:46 a.m.)
(Whereupon, the Senate reconvened
at 10:56 a.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there's a report of the Finance
6509
Committee at the desk. I ask that it be read.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, offers up the
following bills:
Senate Print 6061, by the Committee
on Rules, an act to amend Chapter 15 of the
Laws of 1999;
6062, by the Committee on Rules, an
act making appropriations for the support of
government and to amend Chapters 17 and 26 of
the Laws of 1999;
6064, by the Committee on Rules, an
act making appropriations to the Department of
Health;
And 6065, by the Committee on
Rules, an act making appropriation for the
thermal systems project.
All bills directly for third
reading.
ACTING PRESIDENT MEIER: All
bills directly to third reading.
SENATOR SKELOS: Mr. President,
may we please take up Calendar 1633, Senate
6510
6061.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1633, by the Assembly Committee on Rules,
Assembly Bill 8973. In relation to Calendar
Number 1633, Senator Stafford moves to
discharge, from the Committee on Finance,
Assembly Bill 8973 and substitute it for the
identical Senate Bill, 6061.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
SENATOR SKELOS: Mr. President,
is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT MEIER: Yes,
there is.
SENATOR SKELOS: Move to accept,
please.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1633, by the Assembly Committee on Rules,
Assembly Print 8973, an act to amend Chapter
6511
15 of the Laws of 1999.
ACTING PRESIDENT MEIER: The
motion is to accept the message of necessity.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message of necessity and appropriation is
accepted.
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, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR SKELOS: Mr. President,
could we please take up Calendar Number 1634,
Senate 6062.
ACTING PRESIDENT MEIER: The
Secretary will read.
6512
THE SECRETARY: In relation to
Calendar Number 1634, Senator Stafford moves
to discharge, from the Committee on Finance,
Assembly Bill 8974 and substitute it for the
identical Senate third reading, 1634.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1634, by the Assembly Committee on Rules,
Assembly Print 8974, an act making
appropriations for the support of government.
SENATOR SKELOS: Mr. President,
is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of necessity and appropriation. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
6513
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
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, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
could you please call up Calendar Number 1635,
Senate 6064.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1635, Senator Stafford moves
to discharge, from the Committee on Finance,
Assembly Bill 8976 and substitute it for the
identical third reading, 1635.
ACTING PRESIDENT MEIER:
Substitution ordered.
6514
The Secretary will read.
THE SECRETARY: Calendar Number
1635, by the Assembly Committee on Rules,
Assembly Print 8976, an act making
appropriations to the Department of Health.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of necessity and appropriation. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
SENATOR SKELOS: Read the last
section, please.
6515
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, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1636,
Senate 6065.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1636, Senator Stafford moves
to discharge, from the Committee on Finance,
Assembly Bill 8977 and substitute it for the
identical third reading, 1636.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1636, by the Assembly Committee on Rules,
6516
Assembly Print 8977, an act making
appropriation for the thermal systems project.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity and appropriation at the
desk?
ACTING PRESIDENT MEIER: Yes,
there is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of necessity and appropriation. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
6517
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
we're going to stand at ease pending the
further report of the Finance Committee. And
shortly I'll be calling a meeting of the
Judiciary Committee.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the further
report of the Finance Committee, and members
are advised that there will shortly be a
meeting of the Judiciary Committee.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:00 a.m.)
(Whereupon, the Senate reconvened
at 11:30 a.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
would you please recognize Senator Lack.
ACTING PRESIDENT MEIER: Senator
6518
Lack.
SENATOR LACK: Thank you,
Mr. President.
There will be an immediate meeting
of the Senate Judiciary Committee in Room 332.
An immediate meeting in about two minutes, as
soon as Finance clears out of there.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Judiciary
Committee in Room 332.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there's a report of the Finance
Committee at the desk. I ask that it be read.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, offers up the
following nominations.
As chairman of the Metropolitan
Transportation Authority, E. Virgil Conway, of
Bronxville.
6519
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could take
up the two other nominations first.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a member of
the Long Island State Park, Recreation and
Historic Preservation Commission, Barbara S.
Bancroft, of East Norwich.
SENATOR SKELOS: Move nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Barbara S.
Bancroft as a member of the Long Island State
Park, Recreation and Historic Preservation
Commission. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Senator Skelos.
6520
SENATOR SKELOS: Mr. President,
would you please take up the nomination of
John J. Torpey.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a member of
the State Fire Prevention and Building Code
Council, John J. Torpey, of Orangeburg.
SENATOR SKELOS: Move nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of John J.
Torpey as a member of the State Fire
Prevention and Building Code Council. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
SENATOR SKELOS: Mr. President,
if we could just stand at ease for a moment.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
6521
ease at 11:32 a.m.)
(Whereupon, the Senate reconvened
at 11:35 a.m.)
SENATOR SKELOS: Mr. President,
if we could return to the report of the
Finance Committee and the nomination of E.
Virgil Conway.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, offers up the
following nomination.
As chairman of the Metropolitan
Transportation Authority, E. Virgil Conway, of
Bronxville.
SENATOR SKELOS: Mr. President,
if you would recognize Senator Spano for the
purposes of moving the nomination.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you very
much, Mr. President.
It is my pleasure to stand and to
offer the nomination of Virgil Conway as
chairman of the MTA. It's been four and a
6522
half years since Chairman Conway has presented
himself before the members of this Senate. He
talked at that point about increasing
efficiencies in ridership, in improving the
delivery of service to the commuters of the
MTA and the Transit Authority, the Long Island
Rail Road and the Metro-North. He has done
just that in the last four and a half years.
And we just completed the Senate
Finance Committee hearing where we heard a
number of the members talk in great detail
about the accomplishments of Virgil Conway.
Of course, with a system the size that he is
in charge of, constantly -- and it's
constantly changing, constantly needs
improvement -- but there's no better person
who can be at the helm of such an agency than
Virgil Conway.
And I'm very glad to have him as a
constituent in Westchester County, to share
that constituency with my colleague from Long
Island, Senator LaValle, and, more
importantly, to have Virgil Conway as a
friend. He is someone that I've known for a
long, long time.
6523
He has got the type of
determination and has got the commitment to
public service to serve the people of this
state, not taking his salary, but putting the
time and effort of the most hard-working
public employee that we would ever see into
improving the mass transportation system in
this state.
So to the Governor, once again,
another very good, outstanding appointment.
And I recommend wholeheartedly the nomination
of E. Virgil Conway to continue as the
chairman of the MTA.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Thank you,
Mr. President.
As Senator Spano indicated, we
share Virgil Conway. Mr. Conway grew up in
East Hampton, graduated from East Hampton High
School, and spent summers and weekends in East
Hampton.
I think for those members that were
part of the Finance Committee, I think they
6524
heard from a number of Senators the job that
the chairman has done in managing a massive
capital program that has brought for the Long
Island Rail Road, I think, the railroad into
the modern era.
As I had indicated in the Finance
Committee, I think one of the things that has
happened in the MTA and its components is that
the chairman has no doubt indicated that
people have to be user-friendly in dealing
with the public, in dealing with members of
the Legislature who bring to them the myriad
of problems that our constituency indicate
need to be solved.
And certainly during the chairman's
tenure I have found a vast improvement in how
we problem-solve, how we interact with the MTA
and its components: that you are dealt with
in a courteous manner, the problem is taken
seriously, and a resolution is sought in a
restricted time period so that things do not
languish. And that is due, undoubtedly, to
the efforts of Chairman Virgil Conway.
Virgil, you certainly are to be
congratulated in moving the MTA forward in the
6525
way you have, in a professional, businesslike
manner. And I'm sure that you will continue
and make sure that the staff and the
components under the MTA continue on that same
user-friendly track.
Thank you.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Thank you,
Mr. President.
For almost two decades, there was a
major effort underway in the city of New York
for many of the outlying communities to
eliminate the two-fare zone, a hardship for
many, many people, particularly in districts
like mine, taking a bus and subway to get to
work, spending a good part of their salary to
accommodate that cost.
It was during Mr. Conway's tenure
that the two-fare zone was finally eliminated.
And with the advent of the MetroCard and all
of its efficiencies, we have a system in that
regard that is truly in the 21st century. And
so he should be applauded for not only having
managed the system to bring that to fruition,
6526
but having made it a reality for so many
millions of people.
One of the things that I pointed
out in the Finance Committee is that as good
as a system may be, there are always problems
and there always will be problems. But it's
important when we're able to reach out to
someone like Mr. Conway, present the problem
to him, and have a response that is both
prompt and, wherever humanly possible, an
affirmative one, meaning the problem is
resolved. And that's rare, unfortunately, or
perhaps not as common as we would like it to
be.
He is a manager, as others have
said, of great experience and great
accomplishment. He is volunteering all of his
years of experience -- and if you look at his
resume, it's overwhelming -- for the benefit
of the people of the state of New York and
specifically those in the metropolitan area.
In addition to having bus and
subway systems in my district, I also have
both lines of the Long Island Rail Road. And
the improvements in that system -
6527
refurbishing, rebuilding of stations, all
kinds of things to make life easier and more
palatable for those commuters to go back and
forth to the center city of New York and
Manhattan and elsewhere to earn their
livelihood.
And so we're very grateful, on
behalf of my constituents and all the people
of the state, that Mr. Conway has
volunteered -- and in his case, it is
volunteering -- to once again continue to lead
the MTA. Not only does he generate personally
the kind of response, positive response, but
somehow or other, like a good manager, he's
made that attitude become the guidepost for
all those who are beneath him in various other
areas of responsibility.
And so, Mr. President, I
congratulate the Governor for giving us this
outstanding public servant to serve us again.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President, I
too rise to support this nomination -- number
one, as a State Senator who has many
6528
constituents, thousands of constituents that
ride the Long Island Rail Road every day, but
also as Senator Bruno's appointment to the MTA
Capital Review Board.
Virgil Conway's responsibilities
are enormous when you think that not only is
he the chair of a 17-member board, but the MTA
is the umbrella over eight different
affiliates and subsidiary corporations. The
most recent five-year capital spending plan
had a budget of $12.3 billion. Six thousand
subway cars, more than 1,000 railcars, more
than 5,000 buses, more than 1,600 miles of
track, seven bridges, two tunnels. And it
employs more than 53,000 people and moves
approximately 6.3 million riders in and out of
the city every day.
Senator Padavan, Senator Spano,
Senator LaValle have mentioned many of his
successes with the MetroCard and E-ZPass, and
we could go on and on. But really what I'd
like to comment on is Virgil Conway is a man
with tremendous responsibilities, yet is
approachable, accessible, and a refined human
being. By virtue of his position, he is a
6529
lightning rod for criticism, yet he handles it
in a gentlemanly manner. Also, because of his
many accomplishments, he is handed many
accolades, yet he humbly avoids the spotlight.
He would be the first to tell everyone that he
is simply advancing Governor Pataki's plan for
New York's downstate transit.
But he has been dynamic and
efficient in accomplishing these many
wonderful goals for the MTA during his tenure,
and the truth is demonstrated by the
unprecedented ridership levels which the MTA
has experienced in recent years.
So, Mr. President, I'm delighted to
join with my colleagues in moving the
nomination of Virgil Conway.
ACTING PRESIDENT MEIER: Senator
Paterson.
Senator Larkin.
SENATOR LARKIN: Mr. President, I
rise to support the nomination of Virgil
Conway for reappointment as chairman of the
MTA.
During his tenure, I've had
numerous occasions to talk to him about the
6530
MTA and its subsidiary, Metro-North. And at
every time that we've ever asked him for any
assistance -- we had a major problem between
both sides of the river and the Pascack Valley
Line. In order to resolve the issue,
Mr. Conway himself said "Why don't I come up
to your area," and sat down with all the
partners in it and sat down with his own
staff, so that the redesign, the configuration
and everything that had to take place, instead
of writing letters back and forth, were
resolved in about an hour and a half of
conference.
And there has been no time that
we've had to get a realistic approach to some
of the problems we're having on the lines,
whether it was winter, summer, staging hours,
increasing times, increasing train rides.
He's always been there for us. And his
answers weren't "I'll look at it," his answer
was "Why can't we do it?"
And we've been very successful, and
I want to thank you very much for your
positive efforts on behalf of the people who
ride our trains. Thank you, Virgil.
6531
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: I also rise to
commend the reappointment, Mr. President, of
Mr. Virgil Conway as chairman of the MTA.
As the ranking Democrat on the
Senate Transportation Committee, I also have
come in contact with him over the last couple
of years, and I applaud his accessibility to
others besides those in the field of
transportation.
He has had many accomplishments,
and perhaps the most prominent to the average
laypeople of New York is the elimination of
the two-fare zone and the free transfer to
trains and buses, which helps not only the
individuals in one borough but in all
boroughs, and especially those senior citizens
in the five boroughs who it makes much more
convenient to ride on the trains and buses of
New York.
I also appreciate his commitment to
continue this process of reform, to continue
this process of improvement. I continually
ride the subways of New York. And when I have
6532
a choice between a car or a subway, I take the
subway, because I believe subways are for
reading. And you could see the improvement
over the last few years in the New York City
public transportation system.
But as Mr. Conway mentioned at the
Finance Committee meeting, there is a need to
continue and expand upon service improvement.
And I would like to work with him on that, not
only in my district but throughout the city of
New York, to continue on the outstanding base
he's established, to continue to expand the
services and to improve the services of the
entire system throughout the City of New York.
Thank you.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes,
Mr. President. Could we call an immediate
Rules Committee meeting in the Majority
Conference Room, please.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
Senator Marchi. Senator Marchi on
6533
the nomination.
SENATOR MARCHI: Yes. I've known
the nominee probably longer anybody in this
chamber. And uniformly, every responsibility
that is entrusted to him, he's discharged with
enormous success and with a grace and dignity
that certainly endeared people who were
affected, because it represented really honest
determinations on how to handle even sometimes
very intractable problems.
And I know that Senator Montgomery
made one plea for the allowance of art into
the stations in the subway, and that they did
not raise difficult and imponderable problems
of funding, but that they might help to grace
these facilities and make them even more
attractive. I thought it was a good idea. I
really do. And I could see the response that
the nominee evidenced was one of sympathetic
concern about recognizing the value of what
she had said. And this is the -- his
willingness to listen.
I remember the day when the whole
system of transportation and the movement of
people was highly balkanized. You had the
6534
vice president in charge of bridges, the vice
president in charge of almost every little
element that moves people. And the broad,
regional, total demand and the integration of
that system, that it produced an effective
method of moving people around in a civilized
and efficient manner to meet the problems of a
growing and thriving metropolis. And the
tristate zone, in our case, became very
important.
And in this field, his
accomplishments were really fantastic. So I
made the remark, and it may have been
repeated, that one good term deserves another.
And another, one turn deserves another and one
good term deserves many more, in our case.
And we -- this is a great -- one of
the great public servants who has known the
growth and genesis of the field of
transportation and its importance. The urban
area that New York represents, there is no
duplicate of it throughout the entire United
States. People either use motor vehicles or
they have something else. This is the system
that actually moves more than 60 percent of
6535
all the people that live within the area that
it serves. So that it is a major, major
responsibility.
Unfortunately, sometimes
politically we don't have that weight. And
it's not a question of Democrats or
Republicans. We just don't seem to realize
the importance of the movement of great
numbers of people expeditiously, quickly,
safely. And certainly that demand in this
area is going to continue to grow.
So we're very fortunate, as we
complete our labors and confirm this
nomination, to know that it's in good,
competent hands when we confirm the nominee.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Mr. President. I also rise to second the
nomination of Mr. Virgil Conway.
I want to first of all say I
absolutely agree with my colleague, Senator
Marchi, that we want to see -- now that we've
moved this wonderful system to the point where
it is, we would like to bring some artwork
6536
into it and allow our artists to help us make
this even further a statement of the city's
interest and support and concern and belief in
the value of the artists that we serve and
their work.
But I also want to thank Mr. Conway
for having wrestled this enormous system of
transportation, perhaps one of the oldest in
the nation, one with many, many needs, into a
state where it's not relegated just to -- only
to the people who could absolutely not afford
to travel any other way. That system today,
because of his work in bringing it back to
life and really rebuilding it, essentially,
everybody can use it. All of us use the
system.
I feel safer. It is cleaner. The
trains run pretty much on time. It's -- the
buses run better. We now have some clean-air
buses running in parts of my district.
So I can only say that we thank
Mr. Conway for his work. Because, as Senator
Marchi has said, the transportation system in
New York City is our artery system. Without
it, we might die. So this is very important,
6537
and I'm glad to be part of it.
I want to also say to Mr. Conway
that we want to continue to work with you, as
members of the Legislature as well as part of
your ridership, as you try to advance that
system even further, make it more accessible
and more comfortable and safer for all of us.
We are here to work with you and wish you all
the best in your attempts to do so.
Thank you.
ACTING PRESIDENT MEIER: Senator
Morahan.
I'm sorry, Senator Paterson, why do
you rise?
SENATOR PATERSON: I'll wait
until Senator Morahan speaks, Mr. President.
ACTING PRESIDENT MEIER: All
right. Very good.
Senator Morahan.
SENATOR MORAHAN: I too rise,
Mr. President, to support the nomination -
the reappointment of Mr. Conway as chairman of
the MTA.
I first met Mr. Conway -- he
probably will never remember me -- back in
6538
1978, when I worked with John Mulhern, the
late president of New York Telephone, in
trying to establish an "I Love a Clean New
York" committee. And Mr. Conway, as a captain
of industry at that time, came forward to help
us, both with his financial help and his
personal dedication to the cause. So I know
firsthand of his commitment to the community
that rises above self-interest.
I have not had the opportunity to
work with him in his current role. As a new
Senator, however, representing many thousands
of commuters into the city of New York, I'm
sure we will have dealings in the future. And
I wanted to make sure I rose today so he would
know who I am when I call.
Congratulations, Mr. Conway.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you,
Mr. President.
I apologize -- earlier I was trying
to get Senator Mendez's attention, I was
waving to her, and I got the attention of the
6539
Chair. So I now know how to get prompt action
from the Chair is to wave at Senator Mendez
from now on.
But I wanted to -
ACTING PRESIDENT MEIER: You
always have my attention, Senator.
SENATOR PATERSON: Thank you,
Mr. President.
I wanted to rise in support of this
nomination. There is an underground stream
that runs through a portion of my district in
Harlem from approximately 110th Street to
116th Street. This track had been built in
1904 and had worn away, and it really was the
underlying foundation of the independent rapid
transit line at that area, and had to be
removed. In fact, the 116th Street train
station itself had to be closed down for a
number of months.
This created problems through all
of the subway lines in Manhattan and incurred
a great deal of difficulty to the riders and
forced all of our transit systems to
cooperatively work together to establish buses
and different alternative plans for routing
6540
the commuters back and forth to their
destinations.
It was done in the exact amount of
time -- actually, ahead of the time -- and it
was done with convenience and also with
notification to the community. Many of us
were very skeptical at the time of this
$80 million project that it would be able to
be done in a way that wouldn't cause harm. It
did cause inconvenience, but we were very
happy. It was different than some of our
previous experiences with the transit system,
particularly the subways.
In that respect, I'd like to rise
in support of the nomination of Mr. Conway.
He has brought a lot of innovations to the
system that have been pointed out by previous
speakers. Also just the -- even the
beautification of the stations themselves
certainly are a good addendum to the issues of
E-ZPass and some of the -- the MetroCard and
some of the other innovative procedures.
And so we look forward in his next
term to an even greater improvement in the
system, as the ridership is up considerably in
6541
the past few months.
And to know that Mr. Conway is not
compensated for his effort is particularly a
relief to me, who's not compensated for any of
my efforts the past few months.
And so in that spirit, we certainly
wish Mr. Conway well and proudly rise in
support of the nomination.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR GENTILE: Thank you,
Mr. President.
Well, Mr. Conway's achievements
have been well documented, and I too
congratulate him on his leadership at the MTA.
I must also mention the fact that there are
pockets of our city in which commuters have
been somewhat overlooked in the advancement
and the improvements in transportation.
Particularly, I refer to the areas that I
represent, in southwest Brooklyn and parts of
Staten Island, and I urge Chairman Conway to
focus on the commuters there.
Indeed, southwest Brooklyn used to
be a mecca for young urban professionals to
6542
set up home and family life, because the areas
of Bay Ridge, Bensonhurst, Bath Beach, and
parts of Sunset Park were easy commutes to
Manhattan and their daily work chores in
Manhattan. That, however, is no longer the
truth. And it's no longer the truth because
of the difficulty which commuters now have to
deal with on a daily basis in getting into
Manhattan via the subways.
The Straphangers Annual Report,
just out last week, indicates that the BMT
lines -- particularly the B, the M, the R, and
the N lines -- are at the bottom of the list
as to service and on-time performance in the
entire system. Those are the lines that
service southwest Brooklyn. Those are the
lines that my constituents use as commuters on
the MTA trains.
Particularly we've been told, over
and over and over again, that the N express
service will go over the Manhattan Bridge once
the Manhattan Bridge repairs are made. That
has been a promise since 1986. I urge, I urge
Chairman Conway to make that a reality, to
return the N service over the Manhattan Bridge
6543
to relieve the congestion at the Montague
Street Tunnel.
My constituents, frustrated by the
BMT service in my part of my district, turn to
other services, and they look at express bus
service. And when you look at express bus
service, we find that the express bus service
is too far and few between in terms of
frequency. We need additional, additional
service, both in Bay Ridge and Bensonhurst.
We look over the bridge to my part
of Staten Island. Express service on Staten
Island is inadequate. Express bus service on
Staten Island needs to be improved. Express
bus service on Staten Island needs to be
addressed immediately.
We look then to the roadways that
cover my district, and we look at the toll on
the Verrazano Bridge. And the toll on the
Verrazano Bridge for Brooklynites is an
outrageous $7 toll each and every time
Brooklynites cross that bridge into Staten
Island. It's $3.20 for Staten Islanders who
cross the bridge the other way into Brooklyn.
That is a toll -- especially with
6544
the surplus that the MTA is running, that is a
toll that is unnecessary, outrageous at those
levels. I urge Chairman Conway to look at
congestion value pricing at the toll booths at
the Verrazano Bridge, or whether it be using
E-ZPass technology, to give those commuters
who use that bridge on a daily basis some type
of relief on those $7 tolls.
With our surplus, we should not be
using the Verrazano Bridge as a cash cow to
subsidize the operations of Long Island Rail
Road and Metro-North Railroad. And that's
exactly -- if you look at the figures, that's
exactly what is happening. The revenue on the
Verrazano Bridge is at the top of the revenue
of all bridges in the city of New York. It is
used as a cash cow to subsidize the operations
of Long Island Rail Road and Metro-North
Railroad. That has to stop. That is a burden
on my constituents and the commuters that need
to use that bridge on a daily basis.
These are the types of traveling
and commuting problems that my constituents
meet every day in Staten Island and in the
parts of Brooklyn that I represent. So I ask,
6545
in supporting Chairman Conway, that in the new
capital plan that is being put together for
the MTA that these issues be addressed for
those commuters who have largely been
overlooked in the improvements to the rest of
the system.
So with that, Mr. President, I will
support this nomination and congratulate the
chairman, but at the same time look forward to
working with him and focusing on the issues
that I have raised.
ACTING PRESIDENT MEIER: The
question is on the confirmation of E. Virgil
Conway as chairman of the Metropolitan
Transportation Authority. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Conway is with us in the
chamber here today.
Mr. Conway, would you rise, sir,
6546
and receive the recognition of the body.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes,
Mr. President, can we return to the order of
reports of standing committees. I believe
there's a report of the Judiciary Committee at
the desk. Can we have that read.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, offers up the
following nominations.
As a justice of the Supreme Court
for the Twelfth Judicial District, Louis C.
Benza, of Glenmont.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you,
Mr. President.
It's my privilege this afternoon to
move the nomination of Louis C. Benza, of
Glenmont, as a justice of the Supreme Court
for the Twelfth Judicial District.
6547
We received the nomination from the
Governor. We have examined and verified the
record of Judge Benza as a judge of the Court
of Claims. His credentials were found to be
in good order. He appeared before the
committee a few minutes ago, was unanimously
approved to the floor.
And it is with great pleasure that
I yield for purposes of a seconding to Senator
Velella.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Thank you,
Mr. President.
Lou Benza is known to almost every
legislator who represents Bronx County, and I
would say well known to many in the Capital
District, as he took up residence here after
his appointment to the Court of Claims.
He has a long history of community
service and service to the people of this
state, over 31 years, which began as a
director of community planning boards in the
Bronx. He was elected to our local school
boards. He served as executive assistant to
6548
two borough presidents. He served as the
deputy borough president of the Bronx. He has
served as administrative assistant to three
United States Congressmen and as an assistant
administrator to the Clerk of the House of
Representatives.
He served our country as a United
States Marine. And he has also distinguished
himself, not only in his community service and
political service in representative
government, but also as a jurist, since his
appointment to the Court of Claims by Governor
Cuomo in 1984 and again his reappointment in
1993.
Judge Benza shows that we need to
address something that came up within the
confines of the committee and the hearing we
had this morning on his nomination, and that
is an inequity in the law which requires that
judges serving at 70 years old in the Court of
Claims cannot serve beyond that 70th year, but
in the Supreme Court will be allowed to serve
beyond that, to the age of 76.
Governor Pataki has recognized the
value of Judge Benza and has chosen to send
6549
his name to us, to enable him to stay on the
bench for another six years as a Supreme Court
judge and not lose the benefit of his service
at the end of this year.
His career, as I said, is
outstanding within the judiciary. He chairs
the committee on judicial ethics in the Third
Department, and serves on the antibias
committee of the Court of Claims. He is
experienced within the county of the Bronx,
where he will now be sitting as a judge again,
and in private practice, and he knows both
sides of the bar. His involvement in
government and his involvement in 15 years of
judicial experience qualify him highly to
serve in this capacity.
He is joined today up in the
gallery by his wife, Elizabeth; his two sons,
Louis and Peter, both attorneys; and his
brother, Al Benza, who himself is a
distinguished member of the Bronx community.
I urge that you welcome him today,
and urge his confirmation by the Senate and
move that nomination.
And, Lou, welcome home to the Bronx
6550
again.
ACTING PRESIDENT MEIER: Senator
Seabrook.
SENATOR SEABROOK: Yes,
Mr. President, I rise in support of this
nomination of Louis Benza to the Supreme
Court.
And it is certainly a pleasure to
be here in this chamber to actually have the
opportunity to talk about a good friend and
one who has been on both sides when we have
had petition battles as well. So Lou has
certainly exemplified a sense of character,
distinction, and style, and he has the
judicial temperament certainly to do very well
in the Bronx.
And I would say that it is good for
him to come back to the Bronx, and that we've
always said in the Bronx -- and Senator
Velella would actually agree -- that if given
a chance in the Bronx, you can succeed. And
Lou Benza has certainly exemplified a
tremendous amount of judicial success. And it
is our hope to see him on the bench very
shortly and that he will excel to higher
6551
heights in the greatest county in New York
State, and that's the Bronx.
SENATOR VELELLA: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the nomination of Louis C.
Benza as a justice of the Supreme Court for
the Twelfth Judicial District. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Louis C.
Benza is confirmed as a Justice of the Supreme
Court.
Judge Benza is with us today. He
is accompanied by his wife, Elizabeth; his
sons, Louis and Peter; and his brother, Al.
Judge Benza, on behalf of the body,
we wish you congratulations and Godspeed with
your important duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
6552
THE SECRETARY: As a judge of the
Jefferson County Court, James T. King, of
Dexter.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you,
Mr. President.
I rise again to move the nomination
of James T. King, of Dexter, as a judge of the
Jefferson County Court.
Mr. King's credentials have been
examined by the staff of the Committee on
Judiciary and been found to be in good order.
He appeared earlier this morning before the
Judiciary Committee, was unanimously moved to
the floor for approval at this time.
And I am very privileged to yield,
for purposes of a seconding, to Senator
Wright.
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Thank you,
Mr. President.
I rise to move the nomination of
Jim King and to join the Governor and the
6553
Judiciary Committee in making that
recommendation to the Senate.
If you look at Jim's background,
you'll find that he's given a great deal of
service to the people of Jefferson County,
having served in the district attorney's
office for the last 16 years -- starting out
as a part-time district attorney in local
courts, becoming a full-time staff attorney
working at all levels of criminal court, and
now completing his second term as the elected
district attorney of Jefferson County.
Throughout that tenure, he has
earned a reputation that deservedly reflects
the character and temperament necessary for an
appointment to the judiciary. But equally
important, during that public service he has
also demonstrated his commitment to the
community. And throughout that tenure he has
given of himself to his church, to his school
district, to numerous community activities.
Jefferson County has been well
served by Jim King, and we're looking forward
to having him assuming the seat on the bench
and very pleased that he has been nominated
6554
for confirmation.
Joining Jim this morning is his
wife, Nancy, who is in the gallery, and also
his four daughters -- Jolene, Joanna, Joni,
and Jamie -- and his grandson, Christian,
along with Stan Conway, and his mother and
father, Mr. and Mrs. King.
There's a long tradition of service
in the King family to the state of New York
and the judiciary, and we're very glad to see
Jim following in his father's footsteps. And
we're very glad to have Nancy and all the
young ladies join us this morning.
So I'm looking forward to voting to
confirm Jim King. Thank you.
Mr. Chairman, I would also like to
recognize my Assembly colleague, H. Robert
Nortz, who has joined us this morning, who is
also very pleased that we're endorsing and
confirming Jim King.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
The question is on the confirmation
of James T. King as a judge of the Jefferson
6555
County Court. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge King has joined with us in
the gallery today. He's accompanied by his
wife, Nancy; his daughters, Jolene, Joanna,
Joni, and Jamie; his son-in-law, Stan Conway;
his new grandson, Christian; and his parents,
J.T. and Bessie King.
Judge King, on behalf of the
Senate, we congratulate you and we wish you
well with your important new duties.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Would you
recognize Senator Dollinger.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
6556
Mr. President. With unanimous consent, I
would like to be recorded in the negative on
Senate Print Number 6061 and Senate Print
Number 6062, which I believe are the two
budget extender bills that were done in the
house earlier.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Senate Print 6061 and
Senate Print 6062.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, I
understand there's a report of the Rules
Committee at the desk. Can we have that read
at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, offers up the
following billings directly for third reading:
Senate Prints 6066, by the
Committee on Rules, an act to amend the Public
6557
Authorities Law and Chapter 738 of the Laws of
1988;
And 6067, by the Committee on
Rules, an act to amend the Mental Hygiene Law
and Chapter 560 of the Laws of 1994.
Both bills directly for third
reading.
SENATOR KUHL: Move we accept the
report of the Rules Committee.
ACTING PRESIDENT MEIER: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report is accepted.
Senator Kuhl.
SENATOR KUHL: Could we now have
Calendar Number 1638 read.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: In relation to
6558
Calendar Number 1638, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill 8970 and substitute it for the
identical third reading, 1638.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1638, by the Assembly Committee on Rules,
Assembly Print 8970, an act to amend the
Public Authorities Law and Chapter 738 of the
Laws of 1988.
ACTING PRESIDENT MEIER: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, I just want to make sure I have the
right bill. This is the school construction
authority and the Wicks piece?
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
6559
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1638 are
Senators Dollinger, Duane, Paterson, Seabrook,
Smith, and Stachowski. Ayes, 47; nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes,
Mr. President, could we now take up Calendar
Number 1639.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1639, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill 8972 and substitute it for the
identical third reading, 1639.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1639, by the Assembly Committee on Rules,
Assembly Print 8972, an act to amend the
Mental Hygiene Law and Chapter 560 of the Laws
6560
of 1994.
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.)
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Thank you,
Mr. President.
I'm going to vote in favor of this
bill, which as I understand it is an extension
of the Bellevue experiment program with
respect to involuntary commitment in certain
cases -- court-ordered involuntary commitment.
I continue to be concerned about
this issue. I know that there are proposals
from Senator Libous and others that try to
resolve this issue on a statewide basis. I
believe that the Bellevue project at this
point is worth continuing, but I think that we
need to do a rigorous analysis of the pros and
cons of that program and we need to evaluate
6561
consequences in other states before we look to
expand this on a statewide basis.
So I will be looking forward to an
opportunity to discuss this issue, debate this
issue, and be better informed about the broad
state impact. I think the Bellevue project,
based on what I know of it, is worth
continuing at this stage. I will vote for the
extender. But I think that the broader debate
about what this means to the people of the
state of New York is one we ought to have in
this house as quickly as possible.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
Senator Padavan, to explain his
vote.
SENATOR PADAVAN: To clarify or
respond, actually, to Senator Dollinger's
comment.
At the end of the test period, a
report was developed. The Bellevue project,
the pilot project, was part of a law that I
sponsored and part of the requirement of that
program. And that report is available, and I
6562
would urge you to read it.
And what it does tell us, quite
clearly, and this confirms your judgment, is
that it proves to be effective and should be
broadened statewide. Whether it's the Kendra
Laws that were proposed by the various
entities within the state government or
something like it, there's no doubt that
involuntary outpatient commitment for those
who are mentally disabled has proven to be an
effective means of not only benefiting them
but benefiting society in general.
I vote aye.
ACTING PRESIDENT MEIER: Senator
Padavan will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 51. Nays,
2. Senators Duane and Smith recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Earlier today on the Resolution
6563
Calendar Senator Leibell had offered up a
resolution for adoption. It was 2141, which
is ALS Awareness Day. And he has indicated to
the Chair that in fact he would offer that to
cosponsorship by any of the members of the
house.
So could we have all the members of
the house, if there are many that would like
to be on that -- and I assume they would -
added as cosponsors. And anybody who does not
wish to be a cosponsor, so indicate to the
desk.
ACTING PRESIDENT MEIER: Any
member that wishes -- we will add all the
members as cosponsors of Resolution 2141. Any
member not wishing to be a cosponsor inform
the desk. So ordered.
Senator Kuhl.
SENATOR KUHL: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: We're
all set, Senator Kuhl. The desk is clean.
SENATOR KUHL: Then there will be
an announcement that there will be an
immediate meeting of the Majority Conference
6564
in the Majority Conference Room, Room 332.
ACTING PRESIDENT MEIER: Immedia
te meeting of the Majority Conference in the
Majority Conference Room.
SENATOR KUHL: And there being no
further business, I move the Senate stand
adjourned, subject to the call of the Majority
Leader, intervening days to be legislative
days.
ACTING PRESIDENT MEIER: There
being no further business, on motion, the
Senate stands adjourned at the call of the
Majority Leader, intervening days to be
legislative days.
(Whereupon, at 12:24 p.m., the
Senate adjourned.)