Tuesday, March 23, 1993

1232 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 23, 1993 11 3:39 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1233 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will please find 4 their seats. 5 Please rise with me for the 6 Pledge of Allegiance to the Flag. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 Today in the absence of clergy, 10 we'll bow our heads for a moment of silent 11 prayer. 12 (Whereupon, there was a moment of 13 silence. ) 14 Secretary will begin by reading 15 the Journal. 16 THE SECRETARY: In Senate, 17 Monday, March 22. The Senate met pursuant to 18 adjournment. Senator Farley in the chair upon 19 designation of the Temporary President. The 20 Journal of Sunday, March 21, was read and 21 approved. On motion, Senate adjourned. 22 ACTING PRESIDENT FARLEY: Hearing 23 no objection, the Journal will stand approved as 1234 1 read. 2 The order of business: 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 We have a report of a standing 8 committee. 9 Secretary will read it. 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance reports the 12 following nominations: 13 Member of the State Council on 14 Home Care Services, the Reverend Harold D. 15 Avery, of Syracuse; Audrey Morris Petersen of 16 Jamaica; Vivienne Torres-Suarez of Bayside. 17 Member of the Administrative 18 Review Board for Professional Medical Conduct, 19 Winston S. Price, M.D., of Brooklyn. 20 Member of the Palisades 21 Interstate Park Commission, Mary A. Fisk of New 22 York City. 23 Member of the Taconic State Park, 1235 1 Recreation and Historic Preservation Commission, 2 William Sloan Greenawalt of Hartsdale. 3 Member of the Central New York 4 State Park, Recreation and Historic Preservation 5 Commission, Adrienne Kay Mannion of 6 Fayetteville. 7 Member of the Genesee State Park, 8 Recreation and Historic Preservation Commission, 9 Mary M. Miskell of Geneseo. 10 Commissioner of the Interstate 11 Sanitation Commission, Donna Birch Gerstle of 12 Staten Island. 13 ACTING PRESIDENT FARLEY: On the 14 appointments, on the confirmation. All those in 15 favor, aye. 16 (Response of "Aye.") 17 Those opposed, nay. 18 (There was no response. ) 19 Members are confirmed. 20 Senator Present. 21 SENATOR PRESENT: Mr. President. 22 I move that we adopt the Resolution Calendar. 23 ACTING PRESIDENT FARLEY: All in 1236 1 favor of adopting the Resolution Calendar. 2 SENATOR GOLD: Hold it, sir. Mr. 3 President. 4 SENATOR MEGA: Mr. President. 5 ACTING PRESIDENT FARLEY: Senator 6 Mega. 7 SENATOR MEGA: On behalf of 8 Senator Farley, I would like to place a sponsor 9 star on Calendar 204, Bill Number 992. 10 ACTING PRESIDENT FARLEY: Senator 11 Farley's bill is starred. 12 SENATOR MEGA: Mr. President. 13 Recommit Senate Print Number 3615, Calendar 14 Number 210, to the Finance Committee. 15 ACTING PRESIDENT FARLEY: Without 16 objection. 17 SENATOR MEGA: Mr. President. On 18 page 15, I offer the following amendments to 19 Calendar Number 169, Senate Print Number 1257, 20 and ask that said bill retain its place on Third 21 Reading Calendar, on behalf of Senator Goodman. 22 Thank you. 23 ACTING PRESIDENT FARLEY: Without 1237 1 objection. 2 Senator Gold? 3 SENATOR GOLD: Yes. Mr. 4 President. With regard to the Resolution 5 Calendar, Number 803, by Senator Maltese, I 6 understand he is agreeable to allow members to 7 co-sponsor it. This is the resolution 8 commemorating the publication of the first issue 9 of the Minority Business Times. And there may 10 be members that want to be on that. That is 11 803. 12 And 798, commending Head Coach 13 Brian Mahoney of St. John's College upon the 14 occasion of his designation as the 1992-93 Big 15 East Coach of the Year, I know certainly Senator 16 Stachowski wants to be on that, and there may be 17 some others also. 18 Other than that, I have no 19 objection to the calendar being adopted. 20 ACTING PRESIDENT FARLEY: Senator 21 Maltese, what's your pleasure? 22 SENATOR MALTESE: Mr. President. 23 I would appreciate the record indicating that 1238 1 had I been present yesterday, Calendar Number 2 176, I would have voted in the affirmative. I 3 was on Senate business at a hearing at 270 4 Broadway. 5 ACTING PRESIDENT FARLEY: The 6 record will so state. 7 Do you wish to open your two 8 resolutions? 9 SENATOR MALTESE: Yes, Mr. 10 President. 11 ACTING PRESIDENT FARLEY: They are 12 open. Approach the desk if you want to be a 13 co-sponsor. 14 SENATOR COOK: Mr. President. 15 ACTING PRESIDENT FARLEY: Senator 16 Cook. 17 SENATOR COOK: I would like to 18 suggest that Senator Gold be a co-sponsor on all 19 of Senator Maltese's resolutions in the future. 20 SENATOR GOLD: Mr. President. I 21 want to thank Senator Cook for his advice. As 22 usual, I can't take it. 23 ACTING PRESIDENT FARLEY: All 1239 1 right. All in favor of adopting the Resolution 2 Calendar, say aye. 3 (Response of "Aye.") 4 Those opposed, nay. 5 (There was no response. ) 6 The Resolution Calendar is 7 adopted. 8 Senator Spano. 9 SENATOR SPANO: Can I place a 10 sponsor star on a bill, Calendar Number 197, 11 2746A? 12 ACTING PRESIDENT FARLEY: 197 is 13 starred at the request of the sponsor. 14 SENATOR SPANO: Thank you. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: Mr. President. 18 Would you recognize Senator Hannon, please. 19 ACTING PRESIDENT FARLEY: Senator 20 Hannon. 21 SENATOR HANNON: Mr. President. 22 I believe there is a resolution at the desk. I 23 ask that be called up, be read and then a chance 1240 1 to say a few comments in regard to it. 2 ACTING PRESIDENT FARLEY: 3 Secretary will read the title of the 4 resolution. Do you want the entire resolution 5 read or just the title? 6 SENATOR HANNON: The entire 7 resolution, Mr. President. 8 ACTING PRESIDENT FARLEY: Entire 9 resolution. 10 THE SECRETARY: Legislative 11 Resolution Number 4666, by Senator Hannon and 12 others, urging the New York State Congressional 13 Delegation to propose a Constitutional Amendment 14 for ratification by the states which would 15 specify that the Congress of the United States 16 shall have the power to prohibit the physical 17 desecration of the American Flag. 18 Whereas, although the right of 19 free expression is part of the foundation of the 20 United States Constitution, very carefully drawn 21 limits on expression in specific instances have 22 long been recognized as legitimate means of 23 maintaining public safety and decency as well as 1241 1 orderliness and productive value of public 2 debate. 3 Certain actions, although 4 arguably related to one person's free 5 expression, nevertheless raise issues concerning 6 public decency, public peace and the rights of 7 expression and sacred values of others. 8 There are symbols of our national 9 soul such as the Washington Monument, the United 10 States Capitol Building, the Tomb of the Unknown 11 Soldier, the Vietnam Memorial and memorials to 12 our greatest leaders which are the property of 13 every American and are therefore worthy of 14 protection from desecration and dishonor. 15 The American Flag to this day is 16 a most honorable and worthy banner of a nation 17 which is thankful for its strengths and 18 committed to curing its faults and remains the 19 destination of millions of immigrants attracted 20 by the universal power of the American ideal. 21 The law as interpreted by the 22 United States Supreme Court no longer accords to 23 the Stars and Stripes that reverence, respect 1242 1 and dignity befitting the banner of the most 2 noble experiment of a nation-state. 3 It is only fitting that people 4 everywhere should lend their voices to the 5 forceful call for the restoration to the Stars 6 and Stripes of a proper station under the law of 7 decency; now, therefore, be it 8 Resolved, that the legislative 9 body respectfully urge the New York State 10 Congressional Delegation to propose an amendment 11 to the United States Constitution for 12 ratification by the states specifying that 13 Congress and the states shall have the power to 14 prohibit the physical desecration of the Flag of 15 the United States; and be it further 16 Resolved, that copies of this 17 resolution, suitably engrossed, be transmitted 18 to all members of the Congressional Delegation 19 from the state of New York. 20 ACTING PRESIDENT FARLEY: Senator 21 Hannon on the resolution. 22 SENATOR HANNON: Yes. A 23 procedural point, first of all. Some people 1243 1 have inquired if they could become co-sponsors. 2 There is a number of co-sponsors already, but I 3 ask that you might make it available at the desk 4 for anybody else who would like to be 5 co-sponsor. 6 ACTING PRESIDENT FARLEY: If the 7 members would approach the desk to be a sponsor 8 of this resolution, Senator Hannon will be 9 pleased to let you on it. 10 Senator Hannon on the resolution. 11 SENATOR HANNON: Yes. Mr. 12 President. We citizens of the United States are 13 quite fortunate to be afforded the freedoms that 14 are granted to us in our Constitution. 15 In fact, we're probably among the 16 most fortunate peoples that are here on this 17 world. But we recognize sometimes that there 18 are abuses of those freedoms, and there are 19 times when we have to draw lines which are 20 necessary. 21 Where it comes to areas of free 22 speech, we have often said there are lines, such 23 as we don't call for fires in crowded theaters. 1244 1 And when it comes to the issue in regard to the 2 American Flag, I might quote from what Justice 3 Rehnquist said a couple of years ago in the 4 decision that dealt with this issue, when he 5 said that the American Flag is more than a 6 symbol. It's not just another, quote, "idea" or 7 point of view that is competing for recognition 8 in the marketplace of ideals. It's the American 9 Flag that brings all of us together. 10 So I would think it would be 11 fitting that this Senate once again, as we have 12 done in the past, with respect to our veterans 13 and all our people, take a stand and request 14 that our delegation in Congress introduce and 15 pass a resolution that would amend our U. S. 16 Constitution and make constitutional protections 17 for our flag against its physical desecration. 18 Thank you, Mr. President. 19 ACTING PRESIDENT FARLEY: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: I'm very 22 produced to rise as a co-sponsor of this 23 resolution. And it's particularly appropriate 1245 1 today that it is going to be voted on when so 2 many members of the state American Legion are 3 present in our chambers. 4 Three, in particular, I would 5 like to introduce. We have the state Commander, 6 William H. Purcell; we have the Adjutant, 7 Richard M. Pedro; and the Legislative Chairman, 8 John DePersis, here today. And I know that this 9 particular resolution is extremely important to 10 all the members of the American Legion and all 11 veterans groups. 12 As Senator Hannon has mentioned, 13 there are limits to free speech. And the 14 Supreme Court certainly has a right to interpret 15 the Constitution as they see fit. And we, as 16 legislators, certainly have the right to attempt 17 to amend the Constitution in view of what their 18 decision was. 19 And I would hope that we would 20 have unanimous support for this resolution so 21 that a Constitutional Amendment can, in fact, 22 happen and that the people in this country who 23 respect and honor this flag will be placed where 1246 1 they should be, behind that flag, a flag that's 2 not going to be desecrated in the future. 3 Thank you. 4 ACTING PRESIDENT FARLEY: Senator 5 Maltese. 6 SENATOR MALTESE: Mr. President, 7 I rise in support of the resolution put forth by 8 Senator Hannon. I think, as the Senator has 9 indicated, it is indeed fitting that the 10 resolution come before this body in the presence 11 of the officers and members of the American 12 Legion. 13 I myself am a member of the 14 Garrity Post in Ridgewood Queens, New York. 15 Mr. President. This issue as an 16 issue has come up so many times not only before 17 this body but before our national Legislature. 18 As I think back as a youth, when Pearl Harbor 19 was attacked, the honor that our nation's flag 20 was held in by so many persons in America, 21 especially the immigrants. I remember being 22 brought up in an immigrant neighborhood and 23 having people cry as they held and clutched the 1247 1 flag of our country when we heard about the 2 heroism of so many Americans at Pearl Harbor and 3 afterwards. 4 And as a youth, I remember Colin 5 P. Kelly, Jr. , and his heroism as he lost his 6 life at the beginning of the Second World War, 7 and what this flag has meant to the heros of our 8 country through all the wars, and I especially 9 remember Iwo Jima and what a flag, the raising 10 of a flag meant, not only to the heros of the 11 Pacific but the heros of the Second World War 12 and the people that eventually carried us to 13 victory. 14 I am saying, Mr. President, that 15 obviously our country needs this amendment. 16 Obviously our country needs this legislation. 17 Because there are those, unfortunately, among us 18 who would tread upon our country and tread upon 19 our country's traditions and tread upon our 20 country's flag. 21 It brings to mind an original 22 flag, an early flag of our nation that held a 23 snake and the words "Don't tread on me." Mr. 1248 1 President, I believe that what this amendment 2 says is, "Do not tread on our country's flag. 3 Do not tread on our country's honor." 4 I rise in favor of this 5 resolution. 6 ACTING PRESIDENT FARLEY: Senator 7 Leichter. 8 SENATOR LEICHTER: Mr. 9 President. We've debated this resolution before 10 with similar such measures, and I'm not going to 11 go on at any great length. I'm glad that 12 Senator Maltese had an opportunity to make his 13 very impassioned plea. 14 But, you know, I heard Senator 15 Maltese say, "We need this." And I wracked my 16 brain and tried to see, "Wait a second. Was the 17 flag in danger of being desecrated? Was there a 18 real problem out there? Was it Americans failed 19 to honor the flag?" 20 Couple years ago, you had one nut 21 in Texas who burns a flag, and you want to amend 22 the Constitution. I don't understand it. There 23 is no need for this. Of course, you honor the 1249 1 flag. Of course, it's horrible to desecrate the 2 flag. But every time that we get one nut, one 3 wacko who does something which is offensive, 4 we're going to amend the Constitution? I can't 5 understand it. 6 And let me also say -- and I want 7 to say and acknowledge also the fact that we 8 hear from the people of the American Legion, and 9 we have great respect for the Legion and 10 particularly for the people who served their 11 country and who are now members of the American 12 Legion, and I appreciate and understand their 13 concern about patriotism. 14 But patriotism is the way you 15 act, the way you behave, the love of your 16 country, and it's expressed really in your 17 member of your community, your member of your 18 neighborhood, the way you support your 19 government, the way you practice democracy. 20 Symbols, of course, play a role 21 and are significant, but what is really 22 important is the American way of life, the 23 Constitution, which is wonderful. It is the 1250 1 best one in this country. And yes, we have a 2 symbol which is an important symbol, the 3 American Flag. But I don't think that you need 4 to express that love that we have for our flag 5 in this sort of a rigid way, and it may be 6 something -- you know, if you can't clean up the 7 environment, Senator Hannon, and if you can't 8 take care of the roads and you can't take care 9 of the high property taxes and you can't provide 10 enough money for your school system and you 11 can't provide enough mental health care and you 12 can't deal with the problems of the state, it 13 may be satisfying to send a resolution to the 14 Congress and to beat the drums of patriotism. 15 I think maybe we ought to deal 16 with the problems that we have in this state and 17 not tinker in this manner with the Constitution. 18 So, Mr. President, I'm going to 19 vote against this resolution. 20 ACTING PRESIDENT FARLEY: Senator 21 Larkin. 22 SENATOR LARKIN: Mr. President, 23 we're talking about a symbol here of 1251 1 Americanism. We have today in the galleries and 2 up front here members of the American Legion. 3 Oh, yes, there are legions that have been here 4 and all of our veterans, they fought under that 5 flag. Those other countries that fought side by 6 side with us in some of the far off lands, they 7 too, expressed appreciation. And their concern 8 was that it was a great flag representing a 9 great country. 10 Take a picture in 1945 at Mount 11 Suribachi, when they raised that flag, that 12 picture was all over the world, every press. 13 And, you know, as our troops went overseas, 14 everybody was very proud to wave that flag. And 15 when the troops came home, they all wanted to be 16 part of that, especially politicians, to show 17 how much they supported that. 18 But we have to rise above that 19 right now and say to the Congress, "Wake up." 20 We are the greatest country in the world, and 21 that flag out there represents us. And many of 22 us who served in combat and served overseas 23 appreciate it. And the young men and women of 1252 1 our country who have given their life, made the 2 supreme sacrifice under the auspices of that 3 flag, let's not turn around and say to them, 4 "Your life and that flag doesn't mean 5 anything." That flag means a lot, and I think 6 it's about time we in this chamber stood up and 7 said my flag and my country and thank you to the 8 veterans. 9 ACTING PRESIDENT FARLEY: Senator 10 Gold. 11 SENATOR GOLD: Thank you, Mr. 12 President. Senator Larkin, I couldn't agree 13 with you more when you say that the people in 14 this room should stand up and be thankful for 15 flag and for country, and that's why I wonder at 16 the beginning of every session why so few of us 17 lead by example and come in and salute the 18 flag. 19 I offered an amendment to the 20 rules of this house which said rather than start 21 our session with the salute to the flag, when we 22 all know very few people are here, that we wait 23 until a more appropriate time like right now and 1253 1 salute the flag. Let's show the world that we 2 respect our flag. 3 This morning -- or this 4 afternoon, rather, I had the honor of saluting 5 our flag with Senator Cook and DeFrancisco and 6 Farley and Holland and LaValle, Mega, Present, 7 Sears, Volker and some Democrats. But perhaps, 8 while we're doing this resolution, we ought to 9 pause right now, now that we have more than just 10 the 25 percent of the Republican Party here, and 11 we all ought to now salute our flag, those of us 12 who missed that opportunity, the 75 percent. 13 Why don't we stand up now. Salute the flag. I 14 will do it again. I will do it five times a 15 day. I'm proud of my flag. 16 But if you want people to love 17 that flag and respect the flag, well, that's 18 what I hope we're teaching society by our 19 example. I hope that's what youngsters are 20 learning in the schools. But you can't force 21 people to respect anything if you don't show the 22 example or if society on a day-to-day basis 23 doesn't give them, in reality, fulfillment of 1254 1 the dreams that that flag represents. 2 Senator Leichter pointed out that 3 we go through this debate annually. I guess if 4 somebody wanted to make an argument for a part 5 time Legislature, one thing you could do is take 6 the 75 or 80 percent of things that we do year 7 after year and just the first month play them on 8 videotape and maybe they wouldn't have to have 9 us come in to Albany all the time. We can come 10 and do the 25 percent that's new. 11 But we have had this before, and 12 one of the arguments I remember we made -- and 13 it was on a day when we were blessed with 14 veterans in Albany visiting us, and we said why 15 don't we honor these veterans by making sure 16 that their children get the scholarships and go 17 to college and that the Office of Veteran 18 Affairs stays open in Washington and in the 19 state and that the hospitals for veterans are 20 there and we take care of these people and show 21 that when they honored our flag and went to 22 battle, we don't forget them. That's how you 23 honor the flag. 1255 1 You honor your teachers, your 2 parents, your country, by living day by day by 3 those principles not by telling some nut -- as 4 Senator Leichter put it, that if there is one 5 nut running around the country the entire 6 country is going to come down on that one nut 7 and then we're going to go back and forget the 8 veterans and forget their children that they get 9 the scholarships and whatever. 10 So I don't understand this. I 11 really don't. I don't understand why we have 12 bills that say you must -- if you're going to go 13 to a college and have a commencement, you must 14 do the flag, you must play the National Anthem, 15 you must do this, you must do that. The 16 Legislature must start by saluting the flag, but 17 nobody comes. Nobody comes. 18 I think there is an overwhelming 19 amount of hypocrisy right in this room in terms 20 of what we preach to the public as opposed to 21 the way we live our lives. You want people to 22 respect that flag, let's start right now. Why 23 doesn't the next Republican stand up, suggest 1256 1 that we suspend the rules and salute the flag. 2 I will second the motion. We'll go from there. 3 And let's show people what we think before we 4 get into this political nonsense. 5 ACTING PRESIDENT FARLEY: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: You know, 8 that was a great exhibition of misdirection. 9 These items are not mutually exclusive. We can 10 provide scholarships for veterans' children. We 11 can provide better hospital care and better 12 long-term care. We can salute the flag seven 13 times a day. But that doesn't mean because we 14 do that we can't change the law of the United 15 States. 16 And unfortunately, it is not just 17 one nut. It happens to be nine members of a 18 Supreme Court saying the law of the United 19 States of America is such that we may, if we 20 choose to, desecrate the flag. 21 By passing this resolution and 22 the Congress passing the resolution and the 23 constitutional change taking place, that doesn't 1257 1 mean that that nut can't still burn the flag. 2 It means that that nut can be punished for it. 3 And I think we have to show a 4 message, I believe, to our children, and right 5 now we are sending mixed messages to them; 6 namely, we see a program on TV where someone is 7 desecrating the flag, and then we see a 8 requirement or a group of children pledging 9 allegiance every day. 10 I think it's important. It is 11 more than just a symbol, and it is more than 12 just misdirection. We can do all of these 13 things, and we should do all of these things. 14 And I would urge each of the 15 Senators to support this resolution. 16 ACTING PRESIDENT FARLEY: On the 17 resolution. All those in favor aye. 18 (Response of "Aye.") 19 Those opposed, nay. 20 (Response of "Nay." ) 21 The resolution is adopted. 22 And on behalf of the New York 23 State Senate, Commander, we are delighted to 1258 1 have you here and the other members of the 2 American Legion, and come back and visit us 3 again. 4 SENATOR LEICHTER: Mr. 5 President. I just wanted the record to show 6 that I voted in the negative, since the clerk 7 didn't take the actual ayes and nays. 8 ACTING PRESIDENT FARLEY: The 9 record will show that Senator Leichter is in the 10 negative. Senator Galiber is in the negative, 11 Senator Waldon, Senator Gold, Espada. 12 Ohrenstein is in the negative. Recorded in the 13 Journal. 14 Senator Present. 15 SENATOR PRESENT: Mr. President. 16 Will you recognize Senator Sears, please. 17 ACTING PRESIDENT FARLEY: Senator 18 Sears. 19 SENATOR SEARS: Yes, Mr. 20 President. At the desk, I have a privileged 21 resolution sponsored by myself and Senator 22 Hoffmann, and I would ask you to read the full 23 resolution. It is not that long. And I would 1259 1 defer and move its adoption. And I will defer 2 my comments because the resolution speaks for 3 itself. 4 ACTING PRESIDENT FARLEY: Senator 5 Sears' resolution. Would you please read it, 6 Mr. Secretary. 7 THE SECRETARY: Legislative 8 Resolution, by Senators Sears and Hoffmann, 9 calling upon the federal Base Reassignment and 10 Closure Commission, United States Secretary of 11 Defense Les Aspin and President Bill Clinton, to 12 reverse the decision to realign Griffiss Air 13 Force Base, Rome, New York. 14 Whereas, it is the sense of this 15 legislative body to memorialize certain federal 16 officials in an effort to reverse the apparent 17 decision to realign Griffiss Air Force Base 18 located in Rome, New York. 19 Griffiss Air Force Base has been 20 on the flight line for 51 years, proudly and 21 steadfastly assisting in the defense efforts of 22 the United States of America to keep our nation 23 free and retain its status as leader of the free 1260 1 world. 2 Griffiss Air Base stands proudly 3 memorializing the first airman to lose his life 4 in the line of duty in Europe during World War 5 II, Lieutenant Colonel Townsend E. Griffiss of 6 Buffalo, New York. 7 The proposed realignment would, 8 under the federal government's plan, strip 9 Griffiss Air Force Base of active flying 10 missions and would result in the loss of 3,338 11 military personnel and 1,191 civilian positions, 12 a total of 4,429 jobs. 13 Griffiss Air Base currently 14 employs 8,581 men and women and generates a 750 15 million impact on the region's economy, making 16 it the region's largest employer with a great 17 impact on the economy of the entire Central New 18 York Region. 19 Realignment of such massive 20 proportions would mean devastation not only to 21 the Rome community but for the entire Central 22 New York region. 23 Faced with the loss of the 416th 1261 1 Bomb Wing, the ten B52s it flies, and the 3,613 2 military and civilian personnel assigned to it; 3 loss of the 509th Air Refueling Squadron, the 4 nineteen KC135 tankers it flies and the 375 5 uniformed personnel assigned to it, local 6 leaders have gathered together to prevent such 7 massive downsizing. 8 Those local leaders include 9 elected federal, state, and local officials, 10 business and community leaders and concerned 11 residents and citizens, working together to 12 reverse the plan to realign Griffiss Air Force 13 Base with its resultant devastation upon the 14 community; now, therefore, be it 15 Resolved, that this legislative 16 body call upon the federal Base Realignment and 17 Closure Commission, U. S. Secretary of Defense 18 Les Aspin and President Bill Clinton to reverse 19 the decision to realign Griffiss Air Force base; 20 and be it further 21 Resolved, that copies of this 22 resolution, suitably engrossed, be transmitted 23 to the Base Realignment and Closure Commission, 1262 1 U. S. Secretary of Defense Les Aspin, President 2 Bill Clinton, Governor Mario M. Cuomo, 3 Congressman Sherwood Boehlert; and Brad Johnson, 4 Director of the New York State Office of Federal 5 Affairs. 6 ACTING PRESIDENT FARLEY: On the 7 resolution. All those in favor, say aye. 8 (Response of "Aye.") 9 Those opposed, nay. 10 SENATOR LEICHTER: Mr. 11 President. 12 ACTING PRESIDENT FARLEY: Senator 13 Leichter. 14 SENATOR LEICHTER: On the 15 resolution. 16 ACTING PRESIDENT FARLEY: On the 17 resolution? 18 SENATOR LEICHTER: I would like 19 to explain my vote. 20 ACTING PRESIDENT FARLEY: Just a 21 moment. The resolution is adopted. 22 Go ahead. 23 SENATOR GOLD: Wait a minute. 1263 1 This is on the resolution. 2 ACTING PRESIDENT FARLEY: He 3 wants to speak on the resolution. Okay. The 4 resolution is not adopted. We will call it 5 again. 6 SENATOR LEICHTER: I'm just going 7 to explain my vote. I'm going to vote against 8 this resolution. We all know that the military 9 is going to be cut back for very good reasons, 10 and we don't need the same military as we needed 11 at the height of the Cold War. And obviously, 12 you can't cut back the military without actually 13 cutting some of the bases and some of the men 14 and women and some of the equipment that have 15 been part of the military, and that's going to 16 happen in every state. 17 Now, I guess we could say, "Well, 18 we think it ought to be done because all of us 19 are against unnecessary government spending, but 20 do it in other states." Well, I guess you could 21 take that position; or if there are some people 22 here who are brilliant military strategists and 23 could say, "Well, I can show you that this base 1264 1 is the base that ought to remain open," maybe 2 I'll be convinced. 3 But what I would like to hear as 4 a resolution which I think would be helpful and 5 what I would like to see, maybe, is an amendment 6 to the budget. I am concerned about losing jobs 7 in this state. There are people involved. And 8 to send a resolution, "Please don't close this 9 base," which probably isn't going to do any good 10 anyhow, is not the way to help these people. I 11 would like to see a program of economic 12 conversion. I have put a bill in on it. I 13 would like to see a resolution saying that we 14 have an obligation to the Rome community and to 15 the people who work at this base, and I would 16 like to see a program of retraining. I would 17 like to see a program of help to that community 18 to see that that base is used to create 19 non-military jobs. That's the approach, I 20 think, that we ought to take. 21 It may make us feel good. It's 22 like the flag resolution, makes maybe good press 23 releases, but I question what it really does. 1265 1 And I think it is somewhat inconsistent to call 2 for a reduction in the federal budget, to say 3 that the military has got to be cut back, and at 4 the same time when it's a base in your home 5 town, a base in your back yard, you say, well, 6 this base can't be closed. 7 ACTING PRESIDENT FARLEY: Senator 8 Hoffmann. 9 SENATOR HOFFMANN: On the 10 resolution. Thank you, Mr. President. 11 I agree with some of the things 12 that my colleague Senator Leichter said, and I 13 would agree with more of them if, in fact, this 14 was a level playing field and if this was a 15 process in which the so-called peace dividend 16 was being analyzed evenly across the nation and 17 without politics, without favoritism. 18 That, however, does not appear to 19 be the case, and I rise to correct a few of the 20 misconceptions that perhaps Senator Leichter may 21 have because he is not as familiar with the 22 issue around Griffiss Air Force base as Senator 23 Sears, who has represented that area for many 1266 1 years, and I are, after I represented it for the 2 last eight years. 3 Let me just share with my 4 colleague for a moment the simple fact that we 5 are partners with the United States Air Force in 6 a number of missions at Griffiss Air Force Base 7 as a result of their invitation. We rose, as a 8 state, to the call to become partners in a 9 technology transfer experiment by which we, as 10 taxpayers of this state, committed the tens of 11 millions of dollars to photonics and other high 12 tech research that has benefited the military as 13 well as the academic and the scientific 14 community throughout upstate New York, and in 15 fact, the nation, if not the world. 16 Having followed the suggestions 17 of the Air Force to join shoulder to shoulder 18 with them in entering a new era where military 19 and nonmilitary activities would take place on 20 the same base, we can rightly feel offended now 21 at suddenly finding the rug about to be pulled 22 out from underneath our feet. 23 This discussion, Senator 1267 1 Leichter, is not limited to whether or not B52 2 bombers are no longer necessary in our national 3 defense. And, in fact, the Base Closure 4 Preliminary Report does not even say that B52 5 bombers are no longer necessary. Under the 6 preliminary plan put forth by the Pentagon, the 7 B52s would not be eliminated. They would be 8 simply moved further into the country to another 9 military base. 10 So if, in fact, we are now going 11 to become forced to re-examine our contractual 12 relationship with the Air Force, our scientific 13 relationship with the Air Force, and our 14 involvement with that community, we will all 15 have to become military experts in the process. 16 But we will try to do it in such a way that we 17 protect jobs and we recognize the future of our 18 military is a changing system of defense. 19 We are not trying to protect some 20 archaic form of military patriotism which is 21 solely symbolic, as you might like to believe. 22 This is a very real military and economic 23 urgency. This resolution is well-founded and is 1268 1 greatly needed. 2 And I would hope that Senator 3 Leichter and all of the rest of the members of 4 this chamber would join in unanimously endorsing 5 what Senator Sears and I hope the Congress of 6 the United States and the Base Closure 7 Commission and our President will consider in a 8 more earnest way than has been considered by the 9 preliminary Air Force Advisory Panel that put 10 this ridiculous list together. 11 ACTING PRESIDENT FARLEY: Senator 12 Sears. 13 SENATOR SEARS: Very briefly on 14 the resolution. 15 Mr. President. You know, there 16 are some who believe in a strong defense of this 17 country and there are others who don't. Those 18 have you who read the first part of the 19 resolution, it says that Griffiss Air Force Base 20 stands proudly memorializing the first airman to 21 lose his life in the line of duty in Europe 22 during World War II, Colonel Townsend E. 23 Griffiss. 1269 1 This air base has been on the 2 flight line for fifty-one years, proudly and 3 steadfastly assisting in the defense efforts of 4 the United States of America to keep our nation 5 free and retain its status as leader of the free 6 world. That is my main concern with this 7 resolution. 8 Jobs cannot -- can in the future 9 always be replaced somehow or other. Our area 10 has come back many, many times in its history 11 and we will again, regardless of what the 12 realignment commission does. But we should have 13 learned the lesson at Pearl harbor. And with 14 certain foreign countries today buying every 15 weapon that they can get their hands on, if you 16 think that is a good idea, to downsize our 17 military throughout this country, then you've 18 got another thought coming. 19 I, for one, disagree with 20 downsizing our military might. Because, just 21 remember, there can be and might be another 22 Pearl Harbor. 23 I move the resolution. 1270 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Gold. 4 SENATOR GOLD: I hadn't planned 5 to speak because I thought Senator Hoffmann and 6 others had covered it; but after that speech, 7 I've got to. I'm going to support the 8 resolution but not because of anything Senator 9 Sears said. I don't want anybody to think that 10 I don't support downsizing the military, but 11 there is a very important concept here. 12 When I first got into office, I 13 got a call from a postal employee who wanted a 14 promotion in the Post Office Department, and he 15 said he needed a letter from me. And I said, 16 "Wait a minute. I don't know how good you 17 are. I don't know who the other people are. 18 How can I give you a letter?" 19 He said, "Well, I need the letter 20 because everybody else has a letter from their 21 Senator." And he says, "That's how you level 22 the playing field." 23 Well, I don't know what's going 1271 1 to happen in Washington, but I think we have to 2 level the playing field. Have all the 3 legislatures of all these states pass all these 4 resolutions saying, "Close everybody else except 5 us," and then we've got a level playing field. 6 Then the commission and everybody will do what 7 is right, but at least it's a level playing 8 field. 9 God forbid they took a look and 10 they said, "My God, we've got resolutions from 11 every state for all the places except for 12 Griffiss, so we'll close that one because there 13 is no resolution." Now, we wouldn't want that 14 to happen. 15 So, Senator, I'm going to vote 16 for it. I think that that leveling of playing 17 field argument by Senator Hoffmann hit me right 18 here, and I'm going to support you on that. But 19 please, in my vote, disassociate me from the 20 remarks that want to continue to arm this 21 country. 22 ACTING PRESIDENT FARLEY: Senator 23 Connor. 1272 1 SENATOR CONNOR: Mr. President, 2 my first reaction to this resolution was that I 3 thought I might oppose it. Because, you know, 4 it's fine to say cut back on the military 5 expenditures, reconfigure the military to meet 6 today's threats, not the threats of a decade 7 ago, and then say but not in my back yard. 8 But I think, as Senator Gold 9 pointed out, it's important that this 10 Legislature go on record as wanting New York 11 treated fairly. 12 Let me say -- but, again, what 13 Senator Sears said, the base is 51 years old. I 14 had a Navy base in my district that is 151, 15 that's 200 years old, the Brooklyn Navy Yard. 16 How many employees do you have? That had 55,000 17 civilian employees in one neighborhood in 18 Brooklyn. That got closed 20 or 30 years ago. 19 It wreaked economic havoc on the neighborhood. 20 It wreaked economic havoc on Brooklyn and New 21 York City. We survived. 22 I had a Navy base in my district 23 until you redrew my district in Stapleton. 1273 1 Frankly, on that one, I think I might have 2 gotten caught up a number of years ago when they 3 were going to open it in a little bit of home 4 town rah-rah enthusiasm. Because it costs the 5 city tens of millions of dollars to fix up 6 piers, once the problem with nuclear and not 7 nuclear weapons was eliminated. They don't have 8 nuclear weapons there in Stapleton. They based 9 the Surface Action Task Force there. Three 10 years later, they want to close it. 11 Now, between 200-year-old bases 12 and 3-year-old bases, I can think of a good 13 reason why you'd want to keep a 200-year-old 14 base open and an even better reason why, having 15 spent all this money on a brand new thing three 16 years ago, you might want to keep it open. 17 Fifty years? Well, I don't 18 know. Maybe it's ready to retire, Senator 19 Sears. The fact is it's not old enough to be 20 historic, and it's not quite young enough to 21 say, "Gee, it's a brand new facility; how can we 22 waste it?" So I don't think that argument goes 23 anywhere, Senator Sears. 1274 1 The fact is, though, I want to 2 see New York treated on the same footing and as 3 fairly as any other state. But we do have to - 4 I mean it would be foolish. Senator Sears 5 thinks we should be armed and prepared to 6 refight Pearl Harbor. I think the reason there 7 was a Pearl Harbor is because we were armed and 8 prepared in 1941 to fight Manila Bay, and we 9 can't afford to be armed and prepared to fight 10 the last war or three wars ago or 50 years ago. 11 The United States has to have its 12 military very strong and prepared to meet the 13 challenges of the future not to refight the old 14 wars that are long since gone. So I will 15 support this but not with any sense that I'm 16 against the federal government redoing the 17 military, making it more efficient, saving money 18 yet keeping enough strength there to meet any 19 possible future challenges. 20 ACTING PRESIDENT FARLEY: Senator 21 Nozzolio. 22 SENATOR NOZZOLIO: Mr. 23 President. On the resolution. 1275 1 Mr. President, my colleagues. I 2 rise in support of the resolution and compliment 3 its sponsors. Unlike the last speaker, though, 4 I believe that this process is a process that 5 should be scrutinized fully, that the Pentagon 6 has been playing petty Pentagon politics with 7 much of the base closures throughout our recent 8 history, and that's the purpose that the Base 9 Realignment and Closure Commission was 10 formed in the first place, that we want 11 these decisions to be made on the merits on 12 behalf of the taxpayers; and that I am sure 13 that, as the sponsors of this resolution are 14 sure, that Griffiss would rise on its 15 merits. 16 I represent, Mr. President and my 17 colleagues, a base in the Central Finger Lakes 18 area that is not getting that type of review. I 19 represent the Seneca Army Depot, a depot that 20 employs a thousand civilian employees which, 21 because of the nature of our economy, having 22 that loss would certainly be a devastating loss 23 to our economy. 1276 1 But the people at the Seneca Army 2 Depot are saying, very simply, that they wish 3 they had the luxury of having that base on the 4 BRCC list. If that Seneca Army Depot was 5 considered under the procedures listed by BRCC, 6 we're confident that the Pentagon would consider 7 -- would continue the operation of that 8 institution. Unfortunately, though, the 9 Pentagon has refused to make these decisions, at 10 least in the case of Seneca on its merits. 11 Seneca is a depot that has gotten 12 high grades, is a depot that would in effect 13 meet the tests of BRCC. We are as confident as 14 Senator Sears and Senator Hoffmann are that 15 Griffiss will meet the tests of BRCC. I only 16 wish that the Pentagon had placed the Seneca 17 Army Depot on the BRCC list so we could face 18 that same type of review on behalf of our 19 taxpayers. 20 I support the resolution, Mr. 21 Speaker, and applaud its sponsors. 22 ACTING PRESIDENT FARLEY: On the 23 resolution. All those in favor say aye. 1277 1 (Response of "Aye.") 2 Those opposed nay. 3 (Response of "Nay." ) 4 The resolution is adopted. 5 Senator Present. 6 SENATOR PRESENT: Mr. President. 7 Will you recognize Senator Volker, please. 8 ACTING PRESIDENT FARLEY: I 9 certainly will. 10 Senator Volker. 11 SENATOR VOLKER: Mr. President. 12 Yesterday, we adopted a resolution, Senate 810, 13 commending three winners of the Department of 14 Treasury, United States Savings Bond Division, 15 National Poster Contest awards. The three 16 winners are here today. They were unable to 17 here yesterday, and I would just like to 18 announce their names, and they are up in the 19 gallery to the left. 20 The first place winner was 21 William R. Tuttle of Hamburg, which happens to 22 be in my district. Second place winner was 23 Brian K. Moore of Rochester, which is Senator 1278 1 Jones' and Senator Daly's district. And the 2 third place winner, Geren Horsley of Bellport, 3 New York, which is in Senator Trunzo's 4 district. 5 And I would just like to say we 6 presented them with the resolution today and 7 congratulate them on their achievement and wish 8 them the best of luck in Albany and in the 9 future. 10 ACTING PRESIDENT FARLEY: It is 11 my understanding they are in the gallery. Is 12 that correct, Senator Volker? 13 To the awardees and winners, 14 we're proud to have you with us here. 15 Congratulations. We passed a resolution 16 honoring you yesterday. And we wish you well. 17 (Applause.) 18 Motions and resolutions. 19 We have some substitutions. 20 Shall we go forward with those, Senator 21 Present? 22 SENATOR PRESENT: Yes. 23 THE SECRETARY: On page 6 of 1279 1 today's calendar, Senator Marchi moves to 2 discharge the Committee on Environmental 3 Conservation from Assembly Bill Number 3778 and 4 substitute it for the identical Calendar Number 5 250. 6 ACTING PRESIDENT FARLEY: 7 Substitution is ordered. 8 THE SECRETARY: On page 9, 9 Senator Nozzolio moves to discharge the 10 Committee on Elections from Assembly Bill Number 11 4921 and substitute it for the identical 12 Calendar Number 223. 13 ACTING PRESIDENT FARLEY: 14 Substitution is ordered. 15 Senator Present. 16 SENATOR PRESENT: Recognize 17 Senator Leichter, please. 18 ACTING PRESIDENT FARLEY: Senator 19 Leichter. 20 SENATOR LEICHTER: Mr. 21 President. I was unavoidably out of the chamber 22 yesterday when Calendar 176 was voted on in a 23 slow roll call. If I had been here, I would 1280 1 have voted in the negative. 2 ACTING PRESIDENT FARLEY: The 3 Journal will so indicate, that if you were here 4 you would have voted in the negative. 5 Senator Present. 6 SENATOR PRESENT: Mr. President. 7 May we take up the non-controversial calendar. 8 ACTING PRESIDENT FARLEY: 9 Secretary will read, non-controversial. 10 THE SECRETARY: On page 14, 11 Calendar Number 138, by Senator Saland, Senate 12 Bill Number 2363A, an act to amend the Social 13 Services Law and the Public Health Law. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FARLEY: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 1281 1 THE SECRETARY: Calendar Number 2 177, by Senator Hannon. 3 SENATOR GOLD: Lay it aside. 4 ACTING PRESIDENT FARLEY: Lay 5 that bill aside. 6 THE SECRETARY: Calendar Number 7 202, by Senator Johnson, Senate Bill Number 8 1704, an act to amend the Education Law. 9 SENATOR GOLD: Lay it aside. 10 ACTING PRESIDENT FARLEY: Lay 11 that bill aside. 12 THE SECRETARY: Calendar Number 13 205, by Senator Libous, Senate Bill Number 1361, 14 an act to amend the Vehicle and Traffic Law, in 15 relation to authorizing senior citizens to renew 16 motor vehicle registrations annually. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll. ) 1282 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 206, by Senator Skelos, Senate Bill Number 2272, 6 an act to amend the Real Property Tax Law, in 7 relation to real property tax exemption. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 57. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 207, by Senator Skelos, Senate Bill Number 2609, 20 an act to amend Chapter 208 of the Laws of 1992. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 1283 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 57. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 211, by Senator Holland, Senate Bill Number 86A, 10 an act to amend the Social Services Law, in 11 relation to the Child Assistance Program. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 213, by Senator Holland, Senate Bill Number 1284 1 2738, Social Services Law, in relation to 2 amounts for which the state and social services 3 districts are responsible. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 57. 12 ACTING PRESIDENT FARLEY: That 13 bill is passed. 14 Senator Present. 15 SENATOR PRESENT: Mr. President. 16 Let's take the controversial calendar. 17 ACTING PRESIDENT FARLEY: 18 Controversial calendar. 19 Secretary will read it. 20 THE SECRETARY: On page 16, 21 Calendar Number 177, by Senator Hannon, Senate 22 Bill Number 644, an act to amend the Emergency 23 Tenant Protection Act of 1974. 1285 1 SENATOR GOLD: Explanation. 2 ACTING PRESIDENT FARLEY: 3 Explanation. Senator Hannon. 4 SENATOR HANNON: Yes, Mr. 5 President. This bill would amend the laws in 6 regard to conversion for co-ops and condominiums 7 so as to effect the three counties of the state 8 that are under the Emergency Tenant Protection 9 Act. Those are three suburban counties which 10 would be Westchester, Nassau and Rockland. 11 What the bill would do would be 12 to make a change so that the law in those 13 suburban counties would be the same as it now is 14 for the city of New York. For whatever reason 15 this law now has the effect of rendering 16 virtually as abandoned certain units in 17 converted buildings in those three counties, for 18 the reason that the law essentially guarantees 19 that anybody who is a tenant can remain as a 20 tenant forever. 21 In contrast to that, in the city 22 of New York, when a tenant is in a building in a 23 non-eviction plan at the time of conversion they 1286 1 are, quite rightfully, given that protection. 2 They have decided not to buy. It is a 3 non-eviction plan, and they should be, so as 4 long as they pay their rent, able to stay 5 there. In the suburbs, whether they are there 6 at the time of conversion or whether five years 7 down the road after somebody has brought that 8 unit and perhaps they get transferred to another 9 state for a while and decide to rent it, that 10 subsequent tenant could then remain forever, 11 somewhat of an anomaly, and this is what the 12 bill would straighten out. 13 In so doing, it solves the 14 purpose of helping affordable housing in those 15 areas. Because, at present, those units stand 16 empty. Banks won't lend to buyers who want to 17 purchase those units. Consequently, if somebody 18 has one of those units and gets a job in 19 California -- and frankly, we have lost a lot of 20 jobs in the area so it's happened more than once 21 -- they are going to have to leave that unit 22 empty. 23 What we are trying to do is move 1287 1 things along here. It has little to do with a 2 lot of the arguments that have been thrown up by 3 people who would otherwise use this as a smoke 4 screen for the traditional landlord/tenant 5 battles. 6 And as an illustration of that, 7 from last year's memo in opposition by the New 8 York State Tenant and Neighborhood Coalition, I 9 quote, "Thousands of apartments are sitting 10 vacant in buildings converted to co-ops or 11 condo's in Westchester, Rockland and Nassau." 12 And why, do they say? They say, "Because 13 conversion sponsors won't drop sales prices 14 enough to sell these units in today's weak 15 market, and they refuse to rent them." 16 Well, that's baloney. The reason 17 they can't sell them is they can't get 18 financing. There's ads in the papers, in the 19 New York Times and the other metropolitan area 20 papers that take the ads in the banks that 21 exclude these types of buildings. 22 All we're trying to do is let 23 them go back on the market. It would thus 1288 1 conform the law in the suburbs to what now 2 exists in New York City. 3 Mr. President. I move the bill. 4 ACTING PRESIDENT FARLEY: Senator 5 Espada. 6 SENATOR ESPADA: Yes. This may 7 come as a revelation to some, but I think the 8 protections afforded to New York City vis-a-vis 9 the counties in question, Rockland County, 10 Westchester County, Nassau County, is not the 11 issue here. The issue is whether or not these 12 protections which were clearly articulated that 13 would really look out for tenants and really 14 protect them against the kind of profiteering 15 that really is the genesis of the problem. 16 We have apartments that were once 17 affordable being converted on a speculative 18 manner for profit. Warehoused units then 19 result, and the fruits of speculation that turn 20 sour are there now to be freed up for whom? For 21 people in need of housing? No, I say not. If, 22 indeed, it were for the people who need quality 23 and affordable housing, we would continue to 1289 1 keep the protection in full force and, indeed, 2 push these landlords on to rent to people. If 3 there is a shortage of renters or people seeking 4 these kinds of dwellings in these counties, that 5 would come as a great surprise. 6 But, indeed, a surprise that 7 could be rectified, because I would certainly 8 volunteer many of the homeless and many of the 9 people in my district in need of such to go up 10 to these three counties in search of affordable 11 and quality housing. 12 So I say that the best way to 13 preserve quality housing is to keep this 14 protection intact, sir. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 SENATOR GOLD: Slow roll call. 20 ACTING PRESIDENT FARLEY: Slow 21 roll call. Ring the bell. There were five. I 22 saw five stand up. 23 THE SECRETARY: Senator Babbush, 1290 1 excused. Senator Bruno. 2 SENATOR BRUNO: Yes. 3 THE SECRETARY: Senator Connor. 4 SENATOR CONNOR: No. 5 THE SECRETARY: Senator Cook. 6 SENATOR COOK: Yes. 7 THE SECRETARY: Senator Daly. 8 SENATOR DALY: Yes. 9 THE SECRETARY: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: Yes. 12 THE SECRETARY: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Yes. 15 THE SECRETARY: Senator Espada. 16 (There was no response. ) 17 Senator Farley. 18 SENATOR FARLEY: I vote aye. 19 THE SECRETARY: Senator Galiber. 20 SENATOR GALIBER: No. 21 THE SECRETARY: Senator Gold. 22 SENATOR GOLD: No. 23 THE SECRETARY: Senator 1291 1 Gonzalez. 2 (There was no response. ) 3 Senator Goodman. 4 (There was no response. ) 5 Senator Halperin. 6 (There was no response. ) 7 Senator Hannon. 8 (There was no response. ) 9 Senator Hoffmann. 10 (There was no response. ) 11 Senator Holland. 12 SENATOR HOLLAND: Yes. 13 THE SECRETARY: Senator Johnson. 14 SENATOR JOHNSON: Aye. 15 THE SECRETARY: Senator Jones. 16 SENATOR JONES: Yes. 17 THE SECRETARY: Senator Kuhl. 18 SENATOR KUHL: Aye. 19 THE SECRETARY: Senator Lack. 20 SENATOR LACK: Aye. 21 THE SECRETARY: Senator Larkin. 22 (There was no response. ) 23 Senator LaValle. 1292 1 SENATOR LAVALLE: Aye. 2 THE SECRETARY: Senator Leichter. 3 SENATOR LEICHTER: No. 4 THE SECRETARY: Senator Levy. 5 SENATOR LEVY: Aye. 6 THE SECRETARY: Senator Libous. 7 SENATOR LIBOUS: Aye. 8 THE SECRETARY: Senator Maltese. 9 SENATOR MALTESE: Aye. 10 THE SECRETARY: Senator Marchi. 11 SENATOR MARCHI: Aye. 12 THE SECRETARY: Senator Marino. 13 (Indicating "Aye." ) 14 THE SECRETARY: Aye. Senator 15 Markowitz. 16 (There was no response. ) 17 Senator Masiello. 18 (There was no response. ) 19 Senator Mega. 20 SENATOR MEGA: Yes. 21 THE SECRETARY: Senator Mendez. 22 SENATOR MENDEZ: No. 23 THE SECRETARY: Senator 1293 1 Montgomery. 2 (There was no response. ) 3 Senator Nolan. 4 SENATOR NOLAN: Yes. 5 THE SECRETARY: Senator 6 Nozzolio. 7 SENATOR NOZZOLIO: Aye. 8 THE SECRETARY: Senator 9 Ohrenstein. 10 (Indicating "Nay." ) 11 THE SECRETARY: No. Senator 12 Onorato. 13 SENATOR ONORATO: No. 14 THE SECRETARY: Senator 15 Oppenheimer. 16 (There was no response. ) 17 Senator Padavan. 18 SENATOR PADAVAN: No. 19 THE SECRETARY: Senator Pataki. 20 (There was no response. ) 21 Senator Paterson. 22 SENATOR PATERSON: No. 23 THE SECRETARY: Senator Present. 1294 1 SENATOR PRESENT: Aye. 2 THE SECRETARY: Senator Saland. 3 SENATOR SALAND: Aye. 4 THE SECRETARY: Senator 5 Santiago. 6 SENATOR SANTIAGO: No. 7 THE SECRETARY: Senator Sears. 8 (There was no response. ) 9 Senator Seward. 10 SENATOR SEWARD: Yes. 11 THE SECRETARY: Senator Sheffer. 12 SENATOR SHEFFER: Yes. 13 THE SECRETARY: Senator Skelos. 14 (There was no response. ) 15 Senator Smith. 16 SENATOR SMITH: No. 17 THE SECRETARY: Senator Solomon, 18 excused. Senator Spano. 19 SENATOR SPANO: No. 20 THE SECRETARY: Senator 21 Stachowski. 22 SENATOR STACHOWSKI: No. 23 THE SECRETARY: Senator 1295 1 Stafford. 2 SENATOR STAFFORD: Aye. 3 THE SECRETARY: Senator 4 Stavisky. 5 (There was no response. ) 6 Senator Trunzo. 7 SENATOR TRUNZO: Yes. 8 THE SECRETARY: Senator Tully. 9 SENATOR TULLY: No. 10 THE SECRETARY: Senator Velella. 11 SENATOR VELELLA: No. 12 THE SECRETARY: Senator Volker. 13 SENATOR VOLKER: Yes. 14 THE SECRETARY: Senator Waldon. 15 (There was no response. ) 16 Senator Wright. 17 SENATOR WRIGHT: Aye. 18 ACTING PRESIDENT FARLEY: 19 Absentees. 20 THE SECRETARY: Senator Espada. 21 SENATOR ESPADA: No. 22 THE SECRETARY: Senator Gonzalez. 23 (There was no response. ) 1296 1 Senator Goodman. 2 (There was no response. ) 3 Senator Halperin. 4 SENATOR HALPERIN: No. 5 THE SECRETARY: Senator Hannon. 6 SENATOR HANNON: Mr. President. 7 I would like to explain my vote. 8 ACTING PRESIDENT FARLEY: Senator 9 Hannon to explain his vote. 10 SENATOR HANNON: Senator Espada, 11 I believe, repeated what is basically a myth 12 about this bill in regard to what is happening 13 with these units and whether or not they are 14 being warehoused. 15 Anybody who is a serious student 16 of the real estate market will never encounter 17 such a result in looking at what has happened 18 like that as a result of this bill. When I look 19 at a report from the Westchester Reporter 20 Dispatch last February, they noted that they had 21 over 3,000 vacant apartments in Westchester 22 because of the effects of this law. 23 If we were to analyze the cost to 1297 1 this state of any of its housing programs and 2 did compute how much it would be to come up with 3 3,000 apartments, we would be near the hundreds 4 of millions. Nobody, not one tenant has ever 5 complained about this proposal. 6 A negative vote on this bill 7 jeopardizes not only the real estate market but 8 also the entire fabric of how we come up with 9 affordable housing. We can do more by letting 10 the market economy work and by simply allowing 11 tenants the very protections that they have in 12 New York City if we were to let this bill go. 13 Mr. President, I vote aye. 14 ACTING PRESIDENT FARLEY: Senator 15 Hannon is in the affirmative. 16 Continue the roll. 17 THE SECRETARY: Senator Hoffmann. 18 SENATOR HOFFMANN: Aye. 19 THE SECRETARY: Senator Larkin. 20 SENATOR LARKIN: Yes. 21 THE SECRETARY: Senator 22 Markowitz. 23 SENATOR MARKOWITZ: Yes. 1298 1 THE SECRETARY: Senator 2 Masiello. 3 SENATOR MASIELLO: No. 4 THE SECRETARY: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: No. 7 THE SECRETARY: Senator 8 Oppenheimer. 9 SENATOR OPPENHEIMER: No. 10 THE SECRETARY: Senator Pataki. 11 SENATOR PATAKI: Yes. 12 THE SECRETARY: Senator Sears. 13 SENATOR SEARS: Yes. 14 THE SECRETARY: Senator Skelos. 15 SENATOR SKELOS: Yes. 16 THE SECRETARY: Senator 17 Stavisky. 18 (There was no response. ) 19 Senator Waldon. 20 SENATOR WALDON: No. 21 ACTING PRESIDENT FARLEY: 22 Results. 23 THE SECRETARY: Ayes 35, nays 1299 1 22. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 202, by Senator Johnson, Senate Bill Number 6 1704. 7 SENATOR GOLD: Explanation. 8 ACTING PRESIDENT FARLEY: 9 Explanation, Senator Johnson. 10 SENATOR JOHNSON: Mr. President. 11 This bill would modify the Education Law to 12 provide that a regulation shall be established 13 requiring the recitation of the Pledge of 14 Allegiance and the performance of the National 15 Anthem at all graduation ceremonies of the State 16 University. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll. ) 1300 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Gold. 4 SENATOR GOLD: I just wanted to 5 alert the chamber that last year we debated 6 this, and Senators Connor and Galiber and myself 7 and Leichter, Montgomery, Ohrenstein, Solomon 8 and Waldon did vote in the negative. 9 ACTING PRESIDENT FARLEY: 10 Continue the roll. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 202 are Senators 13 Connor, Galiber, Gold, Leichter, Montgomery, 14 Ohrenstein, Smith, and Waldon, also Senator 15 Santiago. Ayes 48. Nays 9. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 SENATOR PRESENT: Mr. President, 19 there being no further announcements or motions 20 and there being no further business, I move that 21 we adjourn until tomorrow at 11:30 a.m. 22 ACTING PRESIDENT FARLEY: The 23 Senate will stand adjourned until tomorrow at 1301 1 11:00 a.m. 2 (Whereupon, at 4:50 p.m., Senate 3 adjourned. ) 4 5 6 7 8