Wednesday, June 30, 1993

6378 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 30, 1993 11 2:30 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 6379 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 If you will please rise 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 a 10 visiting clergy, we will bow our heads for a 11 moment of silent 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 Tuesday, June 29. The Senate met pursuant to 18 adjournment. The Journal of Monday, June 28, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT FARLEY: Hearing 22 no objection, the Journal will stand approved as 23 read. 6380 1 The order of business. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 We have a report of a standing 7 committee. 8 The Secretary will read it. 9 THE SECRETARY: Senator Marino, 10 from the Committee on Rules, reports the 11 following bills directly for third reading: 12 Senate Bill Number 478, by 13 Senator Stavisky, an act to amend the 14 Surrogate's Court Procedure Act. 15 3407B, by Senator Kuhl, an act to 16 amend the Executive Law. 17 3719B, by Senator Jones, 18 authorize county of Monroe to convey Powder Mill 19 Park. 20 3800A, by Senator Maltese, an act 21 to amend the Criminal Procedure Law. 22 3807B, by Senator Wright, State 23 Administrative Procedure Act. 6381 1 4071, by Senator Seward, 2 Retirement and Social Security Law. 3 4569A, by Senator Marino, 4 allowing Pauline Ogus to receive service credit. 5 4639A, by Senator Levy, an act to 6 amend the Canal Law. 7 5305, by Senator Velella, 8 Transportation Law. 9 3569, by Senator Padavan, Real 10 Property Tax Law. 11 5520A, by Senator Bruno, certain 12 persons to obtain retroactive membership in Tier 13 I. 14 5777A, by Senator Stachowski, 15 permitting George R. Blair, Jr., to purchase 16 service credit. 17 5985, by Senator Mega, Uniform 18 City Court Act. 19 5997A, by Senator Johnson, Local 20 Finance Law. 21 6013A, by Senator Skelos, 22 Estates, Powers and Trusts Law. 23 6016, by Senator Cook, authorize 6382 1 the city of Port Jervis, Orange County, to 2 discontinue the use of certain portion of the 3 street. 4 6017, by Senator DeFrancisco, to 5 authorize Stephen Kenyon to transfer credit. 6 6018, by Senator Daly, New York 7 State Urban Development Corporation Act. 8 6029, by Senator Holland, 9 authorize Tier I status for Joseph Flanagan. 10 6033, by Senator DeFrancisco, in 11 relation to setting the taxable status date of 12 real property. 13 6046, by the Committee on Rules, 14 an act to amend the Tax Law. 15 6047, by the Committee on Rules, 16 an act to amend the General Municipal Law. 17 And 6048, by the Committee on 18 Rules, an act to amend the Tax Law. 19 All bills -- excuse me. 20 Also 6055, by Senator Lack, 21 amends Chapter 994 of the Laws of 1984, creating 22 the Suffolk County Sewer District Number 21. 23 All bills reported directly for 6383 1 third reading. 2 ACTING PRESIDENT FARLEY: All 3 bills are reported to third reading. 4 Continuing: 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 SENATOR SKELOS: Mr. President. 10 ACTING PRESIDENT FARLEY: Senator 11 Skelos. 12 SENATOR SKELOS: On page number 13 40, I offer the following amendments to Calendar 14 Number 62, Senate Print Number 80, and ask that 15 said bill retain its place on the Third Reading 16 Calendar. 17 ACTING PRESIDENT FARLEY: Without 18 objection. 19 SENATOR SKELOS: On page number 20 29, I offer the following amendments to Calendar 21 Number 1220, Senate Print Number 5147A, and ask 22 that said bill retain its place on the Third 23 Reading Calendar. 6384 1 ACTING PRESIDENT FARLEY: Without 2 objection. 3 SENATOR SKELOS: On behalf of 4 Senator Larkin, on page number 18, I offer the 5 following amendments to Calendar Number 547, 6 Senate Print Number 2737A, and ask that said 7 bill retain its place on the Third Reading 8 Calendar. 9 ACTING PRESIDENT FARLEY: Without 10 objection. 11 SENATOR SKELOS: And, Mr. 12 President, on page number 5, I offer the 13 following amendments to Calendar Number 168, 14 Senate Print Number 441A, and ask that said bill 15 retain its place on the third reading. 16 ACTING PRESIDENT FARLEY: Without 17 objection, the bill will retain its place. 18 Senator Kuhl. 19 SENATOR KUHL: Yes, Mr. 20 President. On behalf of Senator Velella, I wish 21 to call his bill up. It's Senate Print Number 22 3156, recalled from the Assembly, which is now 23 at the desk. 6385 1 ACTING PRESIDENT FARLEY: The 2 Secretary will read Senator Velella's bill. 3 THE SECRETARY: By Senator 4 Velella, Senate Bill Number 3156, an act to 5 amend the Insurance Law. 6 SENATOR KUHL: Mr. President. I 7 now move to reconsider the vote by which this 8 bill was passed. 9 ACTING PRESIDENT FARLEY: The 10 Secretary will call the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration. ) 13 THE SECRETARY: Ayes 35. 14 ACTING PRESIDENT FARLEY: The 15 bill is before the house. 16 SENATOR KUHL: I offer up the 17 following amendments. 18 ACTING PRESIDENT FARLEY: 19 Amendments received. The bill will retain its 20 place. 21 Senator Kuhl. 22 SENATOR KUHL: Also, Mr. 23 President, on behalf of Senator LaValle, I wish 6386 1 to call up his bill, Senate Print Number 1432, 2 recalled from the Assembly, which is now at the 3 desk. 4 ACTING PRESIDENT FARLEY: 5 Secretary will read 1432. 6 THE SECRETARY: By Senator 7 LaValle, an act to amend the General Municipal 8 Law. 9 SENATOR KUHL: I now move to 10 reconsider the vote by which this bill was 11 passed. 12 ACTING PRESIDENT FARLEY: The 13 Secretary will call the roll on reconsideration. 14 (The Secretary called the roll on 15 reconsideration. ) 16 THE SECRETARY: Ayes 35. 17 ACTING PRESIDENT FARLEY: The 18 bill is before the house. 19 SENATOR KUHL: I offer up the 20 following amendments. 21 ACTING PRESIDENT FARLEY: 22 Amendments received. The bill will retain its 23 place. 6387 1 SENATOR KUHL: Mr. President, on 2 behalf of Senator Tully, I wish to call up his 3 bill, Senate Print Number 724B, recalled from 4 the Assembly, which is now at the desk. 5 ACTING PRESIDENT FARLEY: The 6 Secretary will read Senator Tully's bill. 7 THE SECRETARY: Senate Bill 8 Number 724B, by Senator Tully, an act to amend 9 the Public Health Law. 10 SENATOR KUHL: Mr. President, I 11 now move to reconsider the vote by which this 12 bill was passed. 13 ACTING PRESIDENT FARLEY: The 14 Secretary will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 35. 18 ACTING PRESIDENT FARLEY: The 19 bill is before the house. 20 SENATOR KUHL: Mr. President, I 21 now offer the following amendments. 22 ACTING PRESIDENT FARLEY: 23 Amendments received. The bill will retain its 6388 1 place. Senator Skelos. 2 SENATOR SKELOS: On behalf of 3 Senator Levy, would you please remove the star 4 on Calendar Number 62. 5 ACTING PRESIDENT FARLEY: 62, the 6 star is removed at the request of the sponsor. 7 Senator Volker. 8 SENATOR VOLKER: Mr. President, 9 on behalf of Senator Hannon, on page 9, I offer 10 the following amendments to Calendar Number 470, 11 Senate Print Number 3174A, and ask that said 12 bill retain its place on the Third Reading 13 Calendar. 14 ACTING PRESIDENT FARLEY: Without 15 objection, the bill will retain its place. 16 SENATOR VOLKER: Mr. President, I 17 wish to call up my bill, Senate Print Number 18 1539 - 19 ACTING PRESIDENT FARLEY: 1539. 20 SENATOR VOLKER: -- recalled from 21 the Assembly, which is now at the desk. 22 ACTING PRESIDENT FARLEY: 23 Secretary will read Senator Volker's bill. 6389 1 THE SECRETARY: By Senator 2 Volker, Senate Bill Number 1539, an act to amend 3 the Executive Law. 4 SENATOR VOLKER: Mr. President, I 5 now move to reconsider the vote by which this 6 bill was passed. 7 ACTING PRESIDENT FARLEY: The 8 Secretary will call the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration. ) 11 THE SECRETARY: Ayes 35. 12 ACTING PRESIDENT FARLEY: The 13 bill is before the house. 14 Senator Volker. 15 SENATOR VOLKER: Mr. President, I 16 now offer the following amendments. 17 ACTING PRESIDENT FARLEY: 18 Amendments are received. The bill will retain 19 its place on the Third Reading Calendar. 20 SENATOR VOLKER: Thank you. 21 ACTING PRESIDENT FARLEY: Are 22 there any other motions on the floor? 23 SENATOR JOHNSON: Mr. President. 6390 1 ACTING PRESIDENT FARLEY: Senator 2 Johnson. 3 SENATOR JOHNSON: Mr. President, 4 on page 32, I offer the following amendments is 5 to Calendar Number 1347, Senate Print Number 6 5947, and ask that said bill retain its place on 7 the Third Reading Calendar. 8 ACTING PRESIDENT FARLEY: Without 9 objection, the bill will retain its place. 10 We have some substitutions. The 11 Secretary will read them. 12 THE SECRETARY: On page 10 of 13 today's calendar, Senator Larkin moves to 14 discharge the Committee on Rules from Assembly 15 Bill Number 7884A, and substitute it for the 16 identical Third Reading 546. 17 ACTING PRESIDENT FARLEY: 18 Substitution ordered. 19 THE SECRETARY: On page 31, 20 Senator Trunzo moves to discharge the Committee 21 on Rules from Assembly Bill Number 7889B and 22 substitute it for the identical Calendar Number 23 1314. 6391 1 On page 36, Senator LaValle moves 2 to discharge the Committee on Rules from 3 Assembly Bill Number 3828 and substitute it for 4 the identical Third Reading 1411. 5 On page 36, Senator Maltese moves 6 to discharge the Committee on Rules from 7 Assembly Bill Number 6859 and substitute it for 8 the identical Third Reading 1413. 9 On page 37, Senator Sheffer moves 10 to discharge the Committee on Rules from 11 Assembly Bill Number 6115 and substitute it for 12 the identical Third Reading 1414. 13 On page 37, Senator Sheffer moves 14 to discharge the Committee on Rules from 15 Assembly Bill Number 7008A and substitute it for 16 the identical Third Reading 1415. 17 On page 38, Senator Connor moves 18 to discharge the Committee on Rules from 19 Assembly Bill Number 8131 and substitute it for 20 the identical Calendar Number 1425. 21 On page 39, Senator Daly moves to 22 discharge the Committee on Rules from Assembly 23 Bill Number 8604 and substitute it for the 6392 1 identical Calendar Number 1430. 2 On page 41, Senator Velella moves 3 to discharge the Committee on Rules from 4 Assembly Bill Number 6404 and substitute it for 5 the identical Third Reading 259. 6 ACTING PRESIDENT FARLEY: Substi 7 tutions are ordered. Any other motions on the 8 floor? 9 Senator Present, I guess we're 10 ready if you are. 11 SENATOR PRESENT: Ready. 12 ACTING PRESIDENT FARLEY: 13 Non-controversial? 14 SENATOR PRESENT: Yes. 15 ACTING PRESIDENT FARLEY: 16 Non-controversial. The Secretary will read. 17 THE SECRETARY: On page 5, 18 Calendar Number 174, by Senator Farley, Senate 19 Bill Number 1922, amends Chapter 883 of the Laws 20 of 1980, amending the Banking Law generally. 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay it 23 aside. 6393 1 THE SECRETARY: Calendar Number 2 3795, by Senator Kuhl. 3 SENATOR PRESENT: Lay it aside 4 for the day. 5 ACTING PRESIDENT FARLEY: Lay it 6 aside for the day. 7 THE SECRETARY: Calendar Number 8 471, by Senator Wright, Senate Bill - 9 SENATOR PRESENT: Lay it aside. 10 ACTING PRESIDENT FARLEY: Lay it 11 aside. 12 This is Assemblyman Wright. 13 That was just temporarily, right? 14 SENATOR PRESENT: Temporarily. 15 THE SECRETARY: Calendar Number 16 591, by Senator Kuhl, Senate Bill Number 4426A, 17 Agriculture and Markets Law. 18 SENATOR GOLD: Will you lay that 19 aside for Senator Leichter, please. 20 ACTING PRESIDENT FARLEY: Lay it 21 aside for Senator Leichter. 22 THE SECRETARY: Calendar Number 23 5978, by member of the Assembly R. Sweeney, 6394 1 Assembly Bill Number 1335C, an act to amend the 2 Insurance Law, requiring certain health 3 insurance policies to cover necessary treatment 4 of diabetes. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 34, nays 13 one. Senator Kuhl recorded in the negative. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 688, by Senator Hannon, Senate Bill Number - 18 SENATOR PRESENT: Lay it aside. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside. 21 SENATOR PRESENT: Also lay aside 22 Calendar Numbers 869, 870, 871, and 873. 23 THE SECRETARY: For the day? 6395 1 ACTING PRESIDENT FARLEY: No, 2 just temporarily. 3 THE SECRETARY: Calendar Number 4 889, substituted earlier today, by member of the 5 Assembly Nieves, Assembly Bill Number 7107B, an 6 act to amend the Banking Law. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 35. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 900, by Senator Marchi, Senate Bill Number 19 3919C, an act to amend Chapter 812. 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 6396 1 1158, by member of the Assembly Connelly, 2 Assembly Bill Number - 3 SENATOR GOLD: Lay it aside. 4 ACTING PRESIDENT FARLEY: Lay 5 that bill aside. 6 THE SECRETARY: Calendar Number 7 1250, by Senator Hannon. 8 SENATOR PRESENT: Lay it aside. 9 ACTING PRESIDENT FARLEY: Lay 10 that bill aside. 11 THE SECRETARY: Calendar Number 12 1251, by Senator Lack. 13 SENATOR PRESENT: Lay that one 14 aside for the day, please. 15 ACTING PRESIDENT FARLEY: Lay 16 that aside for the day. 17 THE SECRETARY: Calendar Number 18 1262, by Senator Johnson, Senate Bill Number 19 5900, Environmental Conservation Law. 20 SENATOR GOLD: Lay it aside. 21 SENATOR LEICHTER: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay 23 that one aside. 6397 1 SENATOR JOHNSON: Lay it aside 2 for the day, Mr. President. 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside for the day. 5 THE SECRETARY: Calendar Number 6 1311, by Senator Bruno, Senate Bill Number 4186 7 A, an act to amend the Public Authorities Law. 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 35. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1314, substituted earlier today, by the Assembly 20 Committee on Rules, Assembly Bill Number 7889B, 21 an act to amend the Civil Service Law. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 6398 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 35. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1316, by the Assembly committee - 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT FARLEY: Lay 13 that bill aside. 14 1320 is high. Lay it aside. 15 THE SECRETARY: Calendar Number 16 1326, by Senator Trunzo - 17 SENATOR TRUNZO: Lay it aside for 18 the day. 19 ACTING PRESIDENT FARLEY: Lay 20 that bill aside for the day. 21 THE SECRETARY: Calendar Number 22 1338, by Senator Hannon. 23 SENATOR GOLD: Lay it aside, 6399 1 please. 2 ACTING PRESIDENT FARLEY: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 1344, by Senator Volker - 6 SENATOR VOLKER: Mr. President, 7 lay it aside for the month. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside for the month? 10 That means for the day. 11 THE SECRETARY: Calendar Number 12 1355, by Senator Tully, Senate Bill Number 13 7678A, New York State Medical Care Facilities 14 Finance Agency Act. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 35. 23 ACTING PRESIDENT FARLEY: The 6400 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1364, by Senator Skelos. 4 SENATOR GOLD: Lay it aside. 5 ACTING PRESIDENT FARLEY: Lay it 6 is aside. 7 THE SECRETARY: Calendar Number 8 131, by member of the Assembly Lasher. 9 SENATOR PRESENT: Lay it aside, 10 please. 11 ACTING PRESIDENT FARLEY: Lay 12 that bill aside. 13 THE SECRETARY: Calendar Number 14 1389. 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 1391. 20 SENATOR ONORATO: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 6401 1 1399, by the Assembly Committee on Rules, 2 Assembly Bill Number 8207, amends Chapter 710 of 3 the Laws of 1988, amending the Social Services 4 Law. 5 SENATOR GOLD: Lay it aside. 6 ACTING PRESIDENT FARLEY: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 1408, by Senator Cook, Senate Bill Number 6045, 10 an act to amend the Public Health Law. 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT FARLEY: Lay it 13 aside. 14 THE SECRETARY: Calendar Number 15 1411, substituted earlier today, by member of 16 the Assembly Tokasz, Assembly Bill Number 3828, 17 General Municipal Law. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 6402 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 35. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1413, substituted earlier today, by member of 7 the Assembly Colman, Assembly Bill Number 6859. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 1414, substituted earlier today, by member of 13 the Assembly Pillittere, Assembly Bill Number 14 6115, Parks, Recreation and Historic 15 Preservation Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 38. 6403 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1415, substituted earlier today, by member of 5 the Assembly Pillittere, Assembly Bill Number 6 7008A, Parks, Recreation and Historic 7 Preservation Law. 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 38. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1416, by Senator Daly, Senate Bill Number 4757A, 20 an act to amend the Public Authorities Law and 21 the State Finance Law. 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay it 6404 1 aside. 2 THE SECRETARY: Calendar Number 3 1419, by Senator Saland, Senate Bill Number 4 5111A, Social Services Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 41. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1420, by Senator Daly, Senate Bill Number 5255A, 17 Not-for-Profit Corporation Law. 18 SENATOR LEICHTER: Lay it aside. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 1421, by Senator Saland, Senate Bill Number 23 5582A, Domestic Relations Law and the Family 6405 1 Court Act. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 41. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1422, by Senator Padavan, Senate Bill Number 14 5665, amends Chapter 611 of the Laws of 1977. 15 SENATOR LEICHTER: Lay it aside. 16 SENATOR GOLD: Lay it aside. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside. 19 THE SECRETARY: Calendar Number 20 1423, by the Senate Committee on Rules. 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay 23 that bill aside. 6406 1 THE SECRETARY: Calendar Number 2 1424, by Senator Volker, Senate Bill Number 3 5756, an act to amend the Public Health Law. 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 41. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1425, substituted earlier today, by the Assembly 16 Committee on Rules, Assembly Bill Number 8131, 17 an act to amend the Election Law. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 6407 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 41. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1426, by Senator Sheffer, Senate Bill Number 7 5895, Education Law, in relation to requirements 8 for written prescriptions. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 41. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1427, by Senator Hannon - 21 SENATOR PRESENT: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay 23 that bill aside. 6408 1 THE SECRETARY: Calendar Number 2 1429, by Senator Cook, Senate Bill Number 6003, 3 Retirement and Social Security Law. 4 ACTING PRESIDENT FARLEY: There 5 is a home rule message here at the desk. 6 SENATOR GOLD: Lay it aside. 7 ACTING PRESIDENT FARLEY: Don't 8 read the bill. Lay it aside. 9 THE SECRETARY: Calendar Number 10 1430, substituted earlier today, by the Assembly 11 Committee on Rules, Assembly Bill Number 8604, 12 Not-for-Profit Corporation Law. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 42. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 6409 1 1431, by the Senate Committee on Rules. 2 SENATOR LEICHTER: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside. 5 Senator Present, that's the first 6 time through. 7 There are four bills with the 8 Rules report. Do you want to go with those right 9 now? 10 Secretary will read them. And 11 all of the bills are on the top of the members' 12 desks. 13 THE SECRETARY: Calendar Number 14 1449. 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 1452, by the Senate Committee on Rules. 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay 22 that aside. 23 THE SECRETARY: Calendar Number 6410 1 1453. 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 THE SECRETARY: Calendar Number - 6 ACTING PRESIDENT FARLEY: There 7 was no home rule message with it, actually, so 8 we have to lay it aside. 9 THE SECRETARY: Calendar Number 10 1454. 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT FARLEY: Lay it 13 aside. 14 SENATOR GOLD: Mr. President. 15 ACTING PRESIDENT FARLEY: Senator 16 Gold. 17 SENATOR GOLD: At this time, Mr. 18 President -- it's been discussed with the 19 Majority Leader -- we would like a recess, and I 20 call an immediate meeting of the policy 21 committee and ask that the members of the 22 Democratic Conference stand available for a 23 conference, but right now, there'll be a policy 6411 1 committee meeting in Senator Ohrenstein's 2 office. 3 ACTING PRESIDENT FARLEY: The 4 Senate will stand at ease. 5 The Senate will stand easy, and 6 the Democratic policy committee will meet. 7 (Whereupon, at 3:03 p.m., the 8 Senate was at ease. ) 9 ACTING PRESIDENT MEGA: Senator 10 Present. 11 SENATOR PRESENT: I would like to 12 announce an immediate conference of the Majority 13 in Room 332. 14 ACTING PRESIDENT MEGA: There 15 will be an immediate conference of the Majority 16 in Room 332. 17 (Whereupon, at 3:07 p.m., the 18 Senate recessed. ) 19 20 21 22 23 6412 1 ...At 6:24 p.m.... 2 SENATOR PRESENT: The Senate will 3 stand at ease until 8:00 o'clock. 4 ACTING PRESIDENT LIBOUS: Senator 5 Present? 6 SENATOR PRESENT: The Senate will 7 stand at ease until 8:00 o'clock. 8 ACTING PRESIDENT LIBOUS: The 9 Senate will stand at ease until 8:00 o'clock. 10 (The Senate stood at ease from 11 6:25 p.m. until 9:39 p.m.) 12 SENATOR PRESENT: There will be 13 an immediate meeting of the Rules Committee in 14 Room 332. An immediate meeting of the Rules 15 Committee in Room 332. 16 (The Senate stood at ease from 17 9:39 p.m. until 9:53 p.m.) 18 ACTING PRESIDENT FARLEY: The 19 Senate will come to order. 20 Senator Present, we have motions 21 on the floor. Do you want to do those? 22 SENATOR PRESENT: Let's do some 23 of the housekeeping. 6413 1 ACTING PRESIDENT FARLEY: All 2 right. Senator Holland. 3 SENATOR HOLLAND: Mr. President, 4 I wish to call up my bill, Print Number 3931, 5 recalled from the Assembly which is now at the 6 desk. 7 ACTING PRESIDENT FARLEY: 8 Secretary will read it. Soon as he finds it, 9 he'll read it. 10 THE SECRETARY: By Senator 11 Holland, Senate Bill Number 3931, an act to 12 amend the Public Authorities Law. 13 SENATOR HOLLAND: Mr. President, 14 I now move to reconsider the vote by which this 15 bill was passed. 16 ACTING PRESIDENT FARLEY: Call 17 the roll on reconsideration. 18 (The Secretary called the roll on 19 reconsideration. ) 20 THE SECRETARY: Ayes - 21 SENATOR HOLLAND: Mr. President - 22 THE SECRETARY: Ayes 56. 23 SENATOR HOLLAND: Mr. President, 6414 1 I now offer the following amendments. 2 ACTING PRESIDENT FARLEY: 3 Amendments received; bill will retain its 4 place. 5 SENATOR HOLLAND: Mr. President, 6 I wish to call up my bill Print Number 38... I'm 7 sorry, 3538 recalled from the Assembly which is 8 now at the desk. 9 ACTING PRESIDENT FARLEY: 10 Secretary will read it. 11 THE SECRETARY: 3538, by Senator 12 Holland, Education Law. 13 SENATOR HOLLAND: I now move to 14 reconsider the vote by which this bill was 15 passed. 16 ACTING PRESIDENT FARLEY: Call 17 the roll on reconsideration. 18 THE SECRETARY: Ayes 56. 19 SENATOR HOLLAND: I now offer the 20 following amendments. 21 ACTING PRESIDENT FARLEY: 22 Amendments are received; bill will retain its 23 place. 6415 1 SENATOR HOLLAND: I now wish to 2 call up my bill, Print Number 464, recalled from 3 the Assembly which is now at the desk. 4 ACTING PRESIDENT FARLEY: 5 Secretary will read it. 6 THE SECRETARY: By Senator 7 Holland, 464, Social Services Law. 8 SENATOR HOLLAND: I now move to 9 reconsider the vote by which this bill was 10 passed. 11 ACTING PRESIDENT FARLEY: Call 12 the roll on reconsideration. 13 (The Secretary called the roll on 14 reconsideration. ) 15 THE SECRETARY: Ayes 56. 16 SENATOR HOLLAND: I now offer the 17 following amendments. 18 ACTING PRESIDENT FARLEY: 19 Amendments received; the bill will retain its 20 place. 21 SENATOR HOLLAND: I wish to call 22 up my bill, Print Number 86-A, recalled from the 23 Assembly which is now at the desk. 6416 1 ACTING PRESIDENT FARLEY: 2 Secretary will read Senator Holland's bill. 3 THE SECRETARY: By Senator 4 Holland, Senate Bill 86-A, Social Services Law. 5 SENATOR HOLLAND: I now move to 6 reconsider the vote by which this bill was 7 passed. 8 ACTING PRESIDENT FARLEY: Call 9 the roll on reconsideration. 10 THE SECRETARY: Ayes 56. 11 SENATOR HOLLAND: I now offer the 12 following amendments. 13 ACTING PRESIDENT FARLEY: 14 Amendments are received; the bill will retain 15 its place. 16 Senator Tully. 17 SENATOR TULLY: Mr. President, I 18 wish to call up my bill, Print Number 723-A, 19 recalled from the Assembly which is now at the 20 desk. 21 ACTING PRESIDENT FARLEY: 22 Secretary will read Senator Tully's bill. 23 THE SECRETARY: By Senator Tully, 6417 1 723-A, Chapter 629 of the Laws of 1986. 2 SENATOR TULLY: Mr. President, I 3 now move to reconsider the vote by which this 4 bill was passed. 5 ACTING PRESIDENT FARLEY: 6 Secretary will call the roll on 7 reconsideration. 8 (The Secretary called the roll on 9 reconsideration. ) 10 THE SECRETARY: Ayes 56. 11 SENATOR TULLY: Very good. Mr. 12 President, I now offer the following amendments. 13 ACTING PRESIDENT FARLEY: Those 14 amendments are going to be received and the bill 15 will retain its place. 16 SENATOR TULLY: That's what I was 17 waiting for. 18 ACTING PRESIDENT FARLEY: Senator 19 Mega. 20 SENATOR MEGA: Mr. President, my 21 bill, on page 28, I offer the following 22 amendments to Calendar Number 1211, Senate Print 23 Number 4580 and ask that said bill retain its 6418 1 place on Third Reading Calendar. 2 ACTING PRESIDENT FARLEY: 3 Amendments received. Bill will retain its 4 place. 5 Senator Spano. 6 SENATOR SPANO: Mr. President, on 7 behalf of Senator Daly, on page 37, I offer the 8 following amendments to Calendar 1416, Senate 9 Print 4757-A, ask that said bill retain its 10 place on the Third Reading Calendar. 11 ACTING PRESIDENT FARLEY: Bill 12 will retain its place. 13 SENATOR SPANO: On behalf of 14 Senator Libous, page 22, offer the following 15 amendments to Calendar 897, 4636-A, ask that the 16 bill retain its place on the Third Reading 17 Calendar. 18 ACTING PRESIDENT FARLEY: Without 19 objection. 20 SENATOR SPANO: Behalf of Senator 21 LaValle, wish to call up his bill 3722-A, 22 recalled from the Assembly, which is now at the 23 desk. 6419 1 ACTING PRESIDENT FARLEY: 2 Secretary will read it. 3 THE SECRETARY: By Senator 4 LaValle, 3722-A, Education Law. 5 SENATOR SPANO: Move to 6 reconsider the vote by which the bill was 7 passed. 8 ACTING PRESIDENT FARLEY: Call 9 the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration. ) 12 THE SECRETARY: Ayes 56. 13 ACTING PRESIDENT FARLEY: The 14 bill is before the house. 15 Senator Spano. 16 SENATOR SPANO: Offer the 17 following amendments. 18 ACTING PRESIDENT FARLEY: 19 Amendments received; the bill will retain its 20 place. 21 SENATOR SPANO: On behalf of 22 Senator Kuhl, I wish to call up his bill, print 23 3539, recalled from the Assembly which is now at 6420 1 the desk. 2 ACTING PRESIDENT FARLEY: 3 Secretary will read it. 4 THE SECRETARY: By Senator Kuhl, 5 Senate Bill 3539, Agriculture and Markets Law. 6 SENATOR SPANO: Move to 7 reconsider the vote by which the bill was 8 passed. 9 ACTING PRESIDENT FARLEY: Call 10 the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration. ) 13 THE SECRETARY: Ayes 56. 14 SENATOR SPANO: Offer the 15 following amendments. 16 ACTING PRESIDENT FARLEY: 17 Amendments received, bill will retain its 18 place. 19 SENATOR SPANO: On behalf of 20 Senator Larkin, on page 17, I offer the 21 following amendments to Calendar 844, 4354-A, 22 ask the bill retain its place on the Third 23 Reading Calendar. 6421 1 ACTING PRESIDENT FARLEY: Without 2 objection. 3 SENATOR SPANO: Behalf of Senator 4 Larkin, wish to call up his bill Print 5744, 5 recalled from the Assembly which is now at the 6 desk. 7 ACTING PRESIDENT FARLEY: 8 Secretary will read it. 9 THE SECRETARY: By Senator 10 Larkin, 5744, authorizing the city of Newburgh 11 to issue serial bonds. 12 SENATOR SPANO: Move to 13 reconsider the vote by which the bill was 14 passed. 15 ACTING PRESIDENT FARLEY: Call 16 the roll on reconsideration. 17 (The Secretary called the roll on 18 reconsideration. ) 19 THE SECRETARY: Ayes 56. 20 SENATOR SPANO: Offer the 21 following amendments. 22 ACTING PRESIDENT FARLEY: 23 Amendments received. Bill will retain its 6422 1 place. 2 SENATOR SPANO: Behalf of Senator 3 Velella, wish to call up his bill 4504, recalled 4 from the Assembly, which is now at the desk. 5 ACTING PRESIDENT FARLEY: 6 Secretary will read Senator Velella's bill. 7 THE SECRETARY: By Senator 8 Velella, 4504, Insurance Law. 9 SENATOR SPANO: Move to 10 reconsider the vote by which the bill was 11 passed. 12 ACTING PRESIDENT FARLEY: Call 13 the roll on reconsideration. 14 (The Secretary called the roll on 15 reconsideration. ) 16 THE SECRETARY: Ayes 56. 17 SENATOR SPANO: Offer the 18 following amendments. 19 ACTING PRESIDENT FARLEY: 20 Amendments received. 21 SENATOR SPANO: I wish to call up 22 my bill, Print 2020-A, recalled from the 23 Assembly which is now at the desk. 6423 1 ACTING PRESIDENT FARLEY: 2 Secretary will read Senator Spano's bill. 3 THE SECRETARY: By Senator Spano, 4 2020-A, Mental Hygiene Law. 5 SENATOR SPANO: Move to 6 reconsider the vote by which the bill was 7 passed. 8 ACTING PRESIDENT FARLEY: Call 9 the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration. ) 12 THE SECRETARY: Ayes 56. 13 SENATOR SPANO: Offer the 14 following amendments. 15 ACTING PRESIDENT FARLEY: 16 Amendments are received. 17 Senator - 18 SENATOR SPANO: On behalf of 19 Senator Lack. 20 ACTING PRESIDENT FARLEY: Holy 21 Gee. 22 SENATOR SPANO: I wish to offer 23 the following amendments to Calendar Number 6424 1 1455, Senate Print Number 6055, ask the bill 2 retain its place on Third Reading Calendar. 3 ACTING PRESIDENT FARLEY: Without 4 objection, amendments received. 5 Senator Nozzolio. 6 SENATOR NOZZOLIO: Mr. President, 7 on behalf of Senator Spano, I mean -- I move the 8 following bills be discharged from their 9 respective committees and be recommitted with 10 instructions to strike the enacting clause: 11 Senate Print Number 6027. 12 ACTING PRESIDENT FARLEY: Without 13 objection. 14 Senator Volker. 15 SENATOR VOLKER: Mr. President, 16 if Senator Spano hasn't done this yet, on page 17 32, I offer the following amendments to Calendar 18 Number 1344, Senate Print Number 5922, and ask 19 that said bill retain its place on the Third 20 Reading Calendar. 21 ACTING PRESIDENT FARLEY: Without 22 objection. 23 Senator Present. 6425 1 SENATOR PRESENT: Mr. President, 2 can we call up Calendar Number 870, please. 3 ACTING PRESIDENT FARLEY: 870. 4 Secretary will read 870. 5 THE SECRETARY: Calendar Number 6 870, by Senator Hannon, on page 20, Senate Bill 7 Number 4900-B, an act to amend the Emergency 8 Housing Rent Control Law, the Local Emergency 9 Housing Rent Control Law, the Administrative 10 Code of the city of New York. 11 SENATOR GOLD: Lay aside. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 SENATOR GOLD: Wait a minute. 15 ACTING PRESIDENT FARLEY: Well - 16 SENATOR GOLD: Mr. President. 17 ACTING PRESIDENT FARLEY: Senator 18 Gold. 19 SENATOR GOLD: Thank you, Mr. 20 President. 21 First of all, Mr. President, I 22 don't know how you would rule as to the debat 23 ability of a motion to recommit, so I'm not 6426 1 going to make that motion yet, but I want to 2 explain some things to this house. 3 I don't have the original print 4 in front of me. I saw it earlier today together 5 with a roll call -- yeah. Mr. President, I 6 think -- I think there's something very 7 fascinating about the way this bill has gotten 8 to the floor. 9 This is 870? Where is the roll 10 call? 11 Mr. President, this bill, as I 12 understand it, was reported from the Housing 13 Committee as Senate 4900, and in that condition 14 it did not have many of the provisions it has as 15 4900-B. Indeed, Mr. President, I believe that 16 4900-B as in front of us is a fraud because it 17 has not been reported out by the Housing 18 Committee, and while I understand, Mr. 19 President, that it is the custom to have bills 20 reported out and then the sponsor is responsible 21 for making amendments, it seems to me that there 22 are issues of good faith that should be a part 23 of what we in government do. 6427 1 But in looking at this roll call, 2 I found something very fascinating. We have a 3 Committee on Agriculture, and it's chaired by 4 Senator Kuhl, and those people in this 5 legislative body have 61 men and women who 6 exercise their choice and preference to be on 7 that committee, as Senator Cook and LaValle, 8 Present, Seward, Sheffer, on our side Senator 9 Hoffmann, who is interested in the problems of 10 the farm country, Senator Nolan, Stachowski and 11 Senator Waldon. 12 We have a Committee on Cities and 13 it's chaired by my colleague from Queens County 14 Senator Padavan. And who else is on the 15 Committee on Cities? Senator Marchi from New 16 York City, Senator Goodman from New York City, 17 Senator Velella from New York City and, of 18 course, there are some others and on our side 19 we've got Senator Gonzalez and Waldon and 20 Senator Dollinger from the great county of 21 Monroe, city of Rochester, people interested, 22 very much interested in what happens to our 23 cities. 6428 1 We also have a Committee on Local 2 Government, and that's chaired by Senator Larkin 3 and on that committee are people like Senator 4 Cook and Senator Trunzo and Present and 5 DeFrancisco, and again we have Senator Jones 6 from upstate New York and Senator Hoffmann and 7 Stachowski, people who are very, very interested 8 in what happens to our local governments. 9 And then we have this bill which, 10 in its original print, not the print before you, 11 was voted out by the Housing Committee, and I 12 said I ought to take a look at it. And who is 13 the Housing Committee? Obviously the people in 14 this chamber who represent our tenant 15 population, obviously people in this chamber who 16 care about housing and care about where people 17 live and their lives; so naturally the chairman 18 is Senator Hannon, from outside the city of New 19 York. But that's O.K., because we also have 20 from the Republican Party, Senator Daly who 21 lived a mile or two from the city of New York, 22 Senator Kuhl, Senator Cook, Senator Farley, 23 Larkin, Sears, Pataki -- wait a minute. I must 6429 1 -- I must have the wrong list. I don't see 2 Senator Goodman from the city of New York or 3 Senator Padavan or Senator Mega or Senator 4 Marchi or Senator Velella. 5 It can't be. Housing? The 6 committee that deals with the life blood of 7 millions of people, and not one member from the 8 city of New York selected to be on that 9 committee, to stand up in the committee process 10 itself for the tenants of the city of New York. 11 I could tell you on our side of the aisle we 12 have Senator Espada, Senator Markowitz, 13 Montgomery, Paterson, Gonzalez. They could have 14 put in for Banks and Insurance and for 15 everything else in the world. This was 16 important. 17 So, number one, I'm not shocked 18 at all of the garbage that comes out of that 19 committee against the tenant population of this 20 state, and it's no coincidence that the members 21 on your side of the aisle from the city of New 22 York won't go near that committee with a 23 ten-foot pole. 6430 1 SENATOR DALY: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Daly. 4 SENATOR GOLD: No, I won't yield, 5 Senator. 6 SENATOR DALY: Mr. President. 7 SENATOR GOLD: No, I won't yield, 8 Senator Daly. 9 At any rate, having said what I 10 said, Mr. President, I move that this house, as 11 a matter of decency, recommit not 4900 which was 12 voted out of the committee, but 4900-B which is 13 a different bill, which was not considered by 14 the Housing Committee even without a fair 15 representation of the majority party in this 16 house, and then if the Housing Committee or some 17 other committee wants to send it back, we can 18 deal with it at that point. 19 But I so move to recommit, Mr. 20 President. 21 ACTING PRESIDENT FARLEY: On 22 the - 23 SENATOR DALY: Will the Senator 6431 1 yield now? 2 ACTING PRESIDENT FARLEY: Would 3 you yield for a question from Senator Daly? 4 SENATOR GOLD: Yeah, of course, I 5 will. 6 SENATOR DALY: Mr. President, 7 would the Senator tell me the name of a Democrat 8 member of this house from upstate New York or 9 outside New York City who's on the Housing 10 Committee? 11 SENATOR GOLD: None. 12 SENATOR DALY: Thank you, Mr. 13 President. 14 SENATOR GOLD: Having added - 15 having asked the question and given you the 16 answer, Senator Daly, the answer is none, and I 17 will let my colleagues from upstate New York 18 answer for their actions. 19 After all, I've got Senator 20 Hoffmann, who is not on the committee and all 21 she seemed to be worried about are the farmers 22 and the local governments and the problems in 23 her area. If you want to brand her with that, 6432 1 my friends, you go ahead and do it. 2 Senator Jones, on the Local 3 Government Committee, she can answer for her 4 self because she doesn't need any defense of the 5 people in Rochester and the people in Monroe 6 County, who know she's up here understanding the 7 problems of local government and fighting on 8 those committees. And just like the two 9 Senators I mentioned --happen to be ladies. 10 It's a problem you have on your side; you can't 11 point to any -- but, Senator, the fact of the 12 matter is that, let your members from New York 13 City go back and explain why, in all of the 14 glory of their committee assignments, not one of 15 them has elected to be on the Housing Committee 16 to stand up for the tenants of the city of New 17 York at the committee meetings. 18 Now, listen, I want to be fair, 19 and I said something in public earlier today and 20 I'll repeat it in public now. I think Senator 21 Goodman and Senator Padavan have been making 22 wonderful efforts in order to try to help this 23 process move along. But I know the game of good 6433 1 guy/bad guy, everybody here knows the game of 2 good guy/bad guy. 3 There's an issue that's going to 4 come before this house that affects my district 5 and Senator Stavisky's district, and I can tell 6 you there are members on this side of the aisle 7 who have said to me, "Look, I don't know that 8 much about it," or "Yes, I've heard this on 9 this side, this on the other side but, Manny, if 10 it's in your district and you need my help 11 fine." 12 But you guys don't do that; it's 13 good guy/bad guy. I think that it is disgusting 14 if Roy Goodman, who has worked so hard or Frank 15 Padavan, who has worked so hard, come to this 16 floor and get no support from anybody on that 17 side of the aisle. Nobody. Every day you call 18 upon Roy Goodman and Frank Padavan and Chris 19 Mega and Guy Velella and John Marchi and Serph' 20 Maltese, et cetera, to help you up in upstate 21 New York. Two-thirds votes; you can't pass some 22 of your local bills without two-thirds votes. 23 And not only are your people 6434 1 here, we're here. And are you telling me that 2 in an hour and 50 minutes you are going to make 3 a fool of Roy Goodman? Because not one of you 4 gentlemen are willing to understand the problem 5 that he has representing these constituents? And 6 that's an effort he's made and I commend him for 7 the effort but I say, shame on you all that you 8 would take the efforts of Goodman and Padavan 9 and humiliate them in front of their 10 constituents, telling the world they have no 11 real power, telling the world they're 12 unpersuasive. I don't think they deserve that 13 and that's what you're talkin' about. 14 You're talkin' about taking the 15 real estate money, putting it in your pockets in 16 your campaigns, and telling three or four of 17 your colleagues that if they go down the toilet, 18 that's their problem. Well, that's your problem 19 and maybe the public won't understand what good 20 guy/bad guy is all about. 21 ACTING PRESIDENT FARLEY: Senator 22 Hannon, why do you rise? 23 SENATOR HANNON: Point of order. 6435 1 I'd suggest to the chair that the contents of 2 the debate has left the bounds of decorum that 3 one would expect on the floor of this body. 4 SENATOR GOLD: I would think that 5 it's equal to the quality of your bill, 6 Senator. 7 SENATOR DALY: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Daly, why do you rise? 10 SENATOR DALY: Mr. President. 11 SENATOR GALIBER: Mr. President, 12 point of order. 13 ACTING PRESIDENT FARLEY: Senator 14 Daly has the floor, Senator Galiber. 15 SENATOR GALIBER: Point of 16 order. 17 ACTING PRESIDENT FARLEY: What's 18 your point of order? 19 SENATOR GALIBER: There's a point 20 of order that you've not ruled on. Would you 21 rule on that point of order that the Senator 22 from outside the city of New York has made? 23 ACTING PRESIDENT FARLEY: I'm 6436 1 sorry. What is -- what is the point of order? 2 SENATOR GALIBER: The point of 3 order that the Senator from outside the city of 4 New York made. You did not rule on that point 5 of order. 6 ACTING PRESIDENT FARLEY: Would 7 you restate your point of order again, Senator 8 Hannon? I thought it was rhetorical. 9 SENATOR HANNON: I think my point 10 was well made, as the Senator whose debate I had 11 questioned has finished speaking. 12 SENATOR GOLD: Only for one 13 minute. 14 ACTING PRESIDENT FARLEY: I don't 15 think it requires a ruling. 16 Senator Daly. 17 SENATOR DALY: Mr. President, 18 you've all heard the expression, those who live 19 in glass houses should not throw stones, and I 20 found the Deputy Minority Leader's comments 21 quite interesting in accusing this side of 22 loading up upstate as far as members of the 23 Housing Committee and then I noted -- noted that 6437 1 all of the members from the Democratic Minority 2 who serve on the Housing Committee are from New 3 York City. There is no one from upstate. 4 Perhaps that means to on the 5 other side of the aisle that upstate has no 6 housing problems, and I would share with you all 7 and would agree that our housing problems are 8 less than yours, and maybe one of the reasons 9 for that is the subject that is before us 10 tonight. But, again, if you're going to make 11 and particularly take exception and agree with 12 Senator Hannon that some of the personal 13 accusations made by Senator Gold, which truly 14 disappointed me, because while I served as 15 chairman of Housing for ten years and I served 16 in the best interests of the state and, if 17 Senator Gold wants to remain objective and talk 18 about the issue at hand, I will, of course, as 19 usual respect him. But to hear the snide remark 20 and the snide accusation does not -- it demeans 21 Senator Gold. It demeans this house. 22 And again, let me remind you that 23 there are problems upstate. We have the 6438 1 affordable home ownership program, the housing 2 trust opportunity, and other housing problems. 3 Thank God we don't have the problems of the city 4 of New York, and I'm taken back in memory to the 5 time so often when rent control was on -- the 6 other side attempted to shove rent control down 7 our throats which we refused to accept. 8 So, Mr. President, and Senator 9 Gold knows, I have the utmost respect and 10 personal liking for him, but I do think he was 11 out of line. I do think that -- that his 12 comments, his personal comments, were not 13 necessary and really all they're going to do is 14 raise the emotions in this house, and on an 15 issue that is as emotional as housing we don't 16 need this exacerbation of this issue. 17 ACTING PRESIDENT LACK: Thank 18 you, Senator Daly. 19 Senator Gold, I believe we are 20 considering your motion with respect to 4900-B. 21 SENATOR GOLD: Yes. May I speak 22 on the motion? 23 ACTING PRESIDENT LACK: You may 6439 1 speak on your motion. 2 SENATOR GOLD: Thank you. 3 I would like to respond to my 4 colleague, Senator Daly, who knows the 5 admiration I have for him, and, Senator Daly, 6 there isn't a doubt in my mind when you chaired 7 the Housing Committee you did what you thought 8 was right from the perspective that you had. 9 What I'm saying, Senator, is that 10 this Senate is made up of not one person or 61 11 people elected from one city or one town; it's 12 people elected from all over the state who are 13 supposed to meet together to get various 14 perespectives, and this committee doesn't have 15 that, and it's a shame. 16 And if you think I was being 17 snide, Senator, you're wrong. I wasn't being 18 snide. I was in front of a tenant group earlier 19 today, and I spoke from my heart and I said I 20 felt badly that Senator Goodman was putting up a 21 gallant fight and getting no support. That's 22 not snide. You know, I've said this before. 23 How does a political issue get born? It gets 6440 1 born by one group of people doing the wrong 2 thing and being stubborn about it. All we have 3 to do, Senator Daly, is to stop forcing tenants 4 to grovel to Albany every two years, stop making 5 unions grovel every two years, et cetera, et 6 cetera, and just pass our laws and then there's 7 no issue. 8 If we had had this extender 9 passed two or three weeks ago, we wouldn't have 10 an issue, political or otherwise. We would have 11 done the right thing and we would have been 12 gone. So there's nothing snide about my feeling 13 badly that you, on your side of the aisle, two 14 or three perhaps people who are working very 15 hard to try to get this issue gone and out of 16 everybody's hair -- maybe you got two people who 17 care about the tenants of the City and want 18 these people to have some comfort -- but if they 19 are not supported by the other members of your 20 house, of your party, then everything I've said 21 is absolutely true. It's not snide. It's 22 mathematical. 23 I want to tell you, Senator Daly, 6441 1 I would always rather see the right thing happen 2 and me be wrong. You prove I'm wrong. Bring 3 out a two-year extender or bring out a permanent 4 bill, and you people over there give enough 5 votes to pass it and then I was wrong, and I'll 6 have to eat my words, and I'll be delighted to 7 do it because we would have protected the people 8 who need protection. 9 But if it turns out that I'm 10 right, Senator Daly, there's nothing snide about 11 it. I've just stated the fact. 12 ACTING PRESIDENT LACK: Senator 13 Leichter. 14 SENATOR LEICHTER: Yes, Mr. 15 President. 16 I must say the response that 17 Senator Gold's comments inspired just makes me 18 think that he's hit a sore nerve, that I didn't 19 hear him say anything that in any way demeaned 20 this house. I think he made an accurate 21 political assessment. Unfortunately, it's a 22 true assessment. I didn't hear him use any 23 language that would be considered improper. I 6442 1 think he pointed out, I think with some sorrow, 2 that the members of the Majority from the city 3 of New York are treated like junior members. 4 When the Senator from the 5 Adirondacks, my very distinguished and dear 6 friend says, "Nothing in my district, you're not 7 going to buy -- have the state buy any land," 8 that becomes the policy of the majority. When 9 Senator Goodman and Senator Padavan and Senator 10 Velella and others say, "This drives a stake 11 through the heart of the middle class and 12 working people in New York," you yawn. Forget 13 it, because you want to make a political 14 statement. 15 But I want to get back to the 16 point that Senator Gold first made, and I think 17 it's an important point which is, is this a 18 proper bill before us? When the calendar was 19 called, and I looked, 870 and I saw, Oh-oh, 20 we're going to debate something has to do with 21 treble damages, rent over-charge, and so on. 22 Next thing I know, we're having a full-fledged 23 debate on a so-called luxury decontrol, actually 6443 1 a bill that undermines and scuttles rent control 2 and rent protection for the millions of tenants 3 in the city of New York and throughout the 4 state. 5 There is no relationship between 6 the bill that was reported out of committee and 7 the bill that is before us. This makes a 8 mockery, a mockery, out of the committee 9 system. This bill should not be considered, and 10 I think Senator Gold's point was that people who 11 have some understanding and knowledge of 12 housing, and he regrets the fact that that 13 committee doesn't include Majority members from 14 the city of New York, but it does include some 15 very knowledgeable people from our side of the 16 aisle who are on this committee, who understand 17 the housing issues certainly as it pertains to 18 rent control to an extent that the distinguished 19 chairman and again, my friend and a very like 20 able fellow, but he doesn't understand housing 21 in the city of New York. 22 And if you take a look at the 23 bill, and we'll have more chance to debate it 6444 1 although I hope very much that you will do the 2 right thing and recommit it, because it's not 3 properly before us, you'll see it raises 101 4 issues that need to be considered carefully by a 5 committee of knowledgeable members because it's 6 full of loopholes. It doesn't work. First of 7 all, it doesn't work because of the extent to 8 which it undermines rent control. 9 Well, let me just raise some of 10 the technical questions, then we'll have maybe 11 more opportunity later on to deal with some of 12 the policy issues and they're terribly 13 important. They affect, as I said, millions of 14 people. They affect whether we're going to be 15 able to keep the middle class in New York and 16 working people in the city of New York. They 17 affect the working of the city of New York and, 18 Senator Daly, you know, some of your comments 19 about the city of New York and so on, and I 20 trust you love the city, I think you were born 21 there and came from there, although at times I 22 must say I see a great deal of New York City 23 bashing going on, and this bill, unfortunately, 6445 1 is also New York City bashing. 2 So we need to discuss some of the 3 greater policy issues. Ut I want to point to 4 some of the technical questions because I think 5 they make the point that Senator Gold tried to 6 drive home, which is the importance of having a 7 bill that's reported out of committee on our 8 floor that reflects the work of the committee 9 and not a bill that's reported out and then you 10 find a totally different bill, not a bill on 11 treble damages. Just take a look at 870, 4900, 12 as first reported by the committee, two pages, a 13 few lines, dealing with penalties. The 14 memorandum states this bill provides that treble 15 damages in rent over-charge cases may not be 16 assessed solely on the basis that an owner has 17 failed to timely file a registration statement. 18 Senator Hannon, you completely 19 changed the bill. There's no relationship to 20 what was reported out of committee. Now, we 21 have a bill that talks about something that's 22 airily described in here as luxury decontrol, 23 poorly defined, poorly worded, poorly thought 6446 1 out, most harmful in its effect. 2 And again, take a look at some of 3 the technical questions that were never 4 considered, that needed to be addressed in a 5 committee. Primary residence. What is primary 6 residence? That's an incredibly complex issue, 7 not defined, not dealt with in a sensible 8 understandable manner. The bill fails to 9 specify how the owner is to serve the income 10 certification on his tenant or the manner to be 11 used in returning the certification to the 12 owner. 13 The orders of decontrol make no 14 sense. They come in at different times. The 15 income verification, how many income 16 verification proceedings would DHCR have to 17 conduct each year. How much staff would be 18 needed? How would this function be funded? 19 The whole issue that for the 20 first time in the state of New York, we're 21 saying that tax returns can be made public to 22 another agency for hundreds of thousands of New 23 Yorkers. We're breaching -- we're breaching a 6447 1 confidentiality and a privacy that even a 2 district attorney may not pierce. Nevertheless 3 you airily provide that the Department of 4 Taxation will make tax information available on 5 hundreds and thousands of New Yorkers. 6 What limits are there on the 7 requirement that tenants provide, quote, "such 8 information as the DHCR and the Department of 9 Taxation and Finance shall require?" Will 10 tenants be given the opportunity to appear and 11 explain any questions that may arise concerning 12 such information? Suppose Taxation makes a 13 mistake. Under this bill, it doesn't matter. 14 You're out. 15 How does the Department of 16 Taxation and Finance determine the total income 17 if the additional information has been provided 18 by DHCR? The bill requires that this information 19 be provided to the DHCR within 45 days. Which 20 agency makes the determination? 21 Would tenants be in default if an 22 uncooperative or unavailable co-tenant refused 23 to provide information requested by DHCR? Could 6448 1 a hostile co-tenant cause a tenant's apartment 2 to be decontrolled by refusing to respond to 3 DHCR's notice requesting additional information? 4 If an occupant has insufficient 5 income to file a tax return for the preceding 6 year, why would that person's income from a 7 prior year be used to determine the total house 8 hold income for the preceding year? And I can go 9 on and on. 10 My colleagues, we're dealing with 11 an extremely sensitive issue, an issue that 12 affects millions of New Yorkers. It has the 13 gravest consequence for the city of New York and 14 other communities in New York State. It's -- if 15 you're going to go down this road, it needs to 16 be done carefully. It needs to be done with 17 intelligence. It needs to be done with 18 consideration. Needs to be done by a committee, 19 needs to have input. You need to have public 20 hearings. I don't believe there was ever a 21 public hearing on this bill as amended. 22 Don't pass political statements. 23 Leave that for the stump box, if you will. But 6449 1 what you're doing now is playing with the lives 2 of people. But first of all, as Senator Gold 3 pointed out, you also are playing with the rules 4 of this house. You're making a mockery of the 5 procedures that we have, and Senator Gold is 6 absolutely correct, this bill should not be 7 before us. 8 You want to put out a bill, send 9 it through the committee, have the committee 10 consider it and then put it out. This bill is 11 not properly before us, and I want to support 12 Senator Gold's motion. 13 ACTING PRESIDENT LACK: Senator 14 Connor. 15 SENATOR CONNOR: Thank you, Mr. 16 President. 17 I rise in support of Senator 18 Gold's motion, and I think, you know, some of 19 the issues that Senator Leichter pointed to, 20 that the committee never had an opportunity to 21 explore, that their staff never had an 22 opportunity on which to give counsel, raise 23 grave concerns. 6450 1 Example: A police officer, two 2 police officers, they're married to each other. 3 With overtime, length of service on the force, 4 some other factors, their income reaches a 5 certain level, perhaps one of the spouses has 6 income in excess of $100,000 from whatever 7 endeavor. But the police officer is shot in the 8 line of duty, total disability, gets disability 9 income, tax-exempt under state law, doesn't have 10 to report that, doesn't have to file a tax 11 return, but is an occupant of the apartment. 12 What does this bill say? Well, go 13 back to before he got shot protecting us on our 14 streets and look at what his income was then. 15 Maybe he had to moonlight. Maybe he owned a 16 business then. Maybe he did other things. His 17 income was high. Now he's totally disabled. 18 Did anybody consider this? Did 19 any of the committee staff consider this? Was it 20 an issue? I don't know the answers. I suspect 21 that, under this bill, that police officer, 22 totally disabled in the line of duty, his family 23 could be jeopardized by this, that an unfair 6451 1 standard could be used. They go back to when 2 you had healthy -- when you had healthy, 3 non-injured wage earners. That's the last tax 4 return, because that's before the disability. 5 Did anybody consider this? Do you 6 really want to hurt a family like that? I'm not 7 -- I don't, you know, I'm not sure. Maybe the 8 question ought to be asked, a line of duty 9 widow, the widow of a police officer or the 10 widower of a police officer killed in the line 11 of duty, I don't know. I really don't know the 12 answer. I look around for some counsel but 13 somebody ought to say, Gee, is that taxable 14 income, that pension? Well, Gee, it's not, then 15 you go back and you look at when, before the 16 police officer was killed and you look at that 17 income. Is that a fair evaluation of that 18 family's income for today for purposes, for 19 present purposes of whether they ought to be 20 rent protected? 21 Your bill is making income the 22 standard. So let's look at it. A family of 23 very -- I can give you a large family, seven or 6452 1 eight children, very moderate income, 20-, 2 $25,000 a year, 30-, $40,000 a year, $50,000 a 3 year. Lo and behold, four or five of the 4 children volunteer for the military. One's in 5 Europe, one's in Korea, proudly wearing our 6 nation's uniform, earning income. 7 What's their primary residence? 8 Well, I've done a lot of residence cases in 9 connection with election proceedings. It's 10 clear under the law of the state of New York and 11 under federal law, that they're entitled to 12 maintain their primary residence in New York at 13 the parents' home, and many, many do. Many do 14 for what -- you know, you're assigned in 15 Germany. Where else are you going to vote from 16 but your last U. S. residence. You don't lose 17 your residence. You can be away for 20 years in 18 the military and your primary residence is the 19 place you left. 20 Now, do we take all those adult 21 children serving their country and add up the 22 five or six incomes involved and add it to the 23 parents' income and say, What a wealthy family. 6453 1 Let's kick 'em out of the apartment. Let's 2 reward them for this patriotic family that has 3 five or six children joining the military or 4 four or five. 5 Did anybody consider this? I'd 6 like to hear from the committee staff that 7 worked on this. I'd like to have my colleagues 8 at a committee meeting pose these questions and 9 get answers because what you're proposing to do 10 here without benefit of any kind of airing in 11 committee is preemptively decide something 12 without weighing the merits of any of these 13 considerations. 14 That's why Senator Gold's motion 15 is not frivolous. It's not tweaking the 16 Majority. It's not trying to use technicalities 17 to delay or obfuscate. It's right to the 18 point. Do you have the answers at your finger 19 tips to those questions? Should we rush ahead in 20 the next hour and a half without even a 21 committee considering these? Can somebody stand 22 up and answer for sure all these questions I 23 posed? And I've looked at this for a few 6454 1 minutes. 2 These questions concern me. It 3 ought to concern you. The police widow, the 4 disabled police officer, the family with many 5 children in military service, yet a family of 6 moderate means. I don't think these are 7 fanciful incidents. These are the kinds of 8 lives our citizens lead. These are real 9 questions that nobody's considered because 10 someone theoretically has crafted this bill, 11 thought, Aah, and believe me, I have little 12 sympathy for multi-millionaire movie stars who 13 own three or four houses and yet have a very 14 cheap apartment on Central Park. I mean I - 15 these -- and I understand these are the headline 16 cases. These are the cases to which people are 17 responding here, and saying, Aah, these rich 18 people shouldn't have it. 19 Let's talk about ordinary New 20 Yorkers, ordinary New Yorker who finds out, Gee, 21 I've been out of work for nine years, I've been 22 disabled for eight years. I haven't had any 23 taxable income. Yeah, Gee, I hit Pik-4 for 6455 1 $200,000 nine years ago. It's all gone now with 2 the medical bills after my accident. 3 Now, you mean to tell me I can't 4 have a rent-stabilized apartment because my last 5 tax return showed I made $203,000 the year I hit 6 Pik-4 for $175,000? It's all gone for medical 7 bills. Now you goin' to wheel my wheelchair out 8 in the street? I'm not going to have an 9 apartment? I don't get my lease renewed? 10 Who considered this? These are 11 real cases. These are real cases, and I don't 12 think they're fanciful. This happens to real 13 people. What mechanism is in this bill to 14 address those kinds of concerns? Are they the 15 people you want to get by this bill? I don't 16 think so. I think this bill should have been 17 brought forth in the committee. It should have 18 been studied. These kinds of questions should 19 have been addressed. 20 That's what legislation's about. 21 It's not about last minute cliff-hanging bills 22 that threaten people. I mean are they really 23 the people? Those same headlines that scream 6456 1 about the $3 million a year movie star with the 2 apartment, will turn around and come down on 3 your heads about the guy who hit Pik-4 eight 4 years ago, was injured, spent all his money on 5 medical bills, doesn't have any income today, 6 yet under this bill is considered rich, 7 affluent. We have to decontrol his apartment. 8 Those same headlines will scream 9 at you about the police widow or the poor woman 10 in Brooklyn with five or six kids in the 11 military service who's now deemed to be 12 affluent, who is now being subjected to 13 decontrol. 14 I don't think this bill has been 15 properly studied, and I'm supporting the motion 16 to recommit it. 17 ACTING PRESIDENT LACK: Senator 18 Bruno. 19 SENATOR BRUNO: Would the Senator 20 answer a question? 21 ACTING PRESIDENT LACK: Senator 22 Connor, will you yield to a question from 23 Senator Bruno? 6457 1 SENATOR CONNOR: Certainly, but, 2 Senator, may I say, I don't have the answers to 3 those questions. I posed the questions because 4 I think they should be - 5 SENATOR BRUNO: Oh. 6 ACTING PRESIDENT LACK: 7 Gentlemen, will you address your remarks to the 8 Chair, please. 9 Senator Bruno. 10 SENATOR BRUNO: Mr. President, 11 that's exactly what I was going to ask. Since 12 we're hearing an awful lot of rhetoric on the 13 floor, whether or not the good Senator had any 14 recommendations and how we might resolve this 15 very difficult situation that we in this chamber 16 would like to resolve some time within this next 17 hour, but if we're going to just grandstand and 18 not have any recommendations, then I think we're 19 going to waste each others' time. 20 We are looking to resolve this, 21 Senator, and we would look for any constructive 22 suggestions you might have. 23 SENATOR CONNOR: O.K. I have in 6458 1 my hand - 2 ACTING PRESIDENT LACK: Excuse 3 me, Senator Connor. Senator Bruno, you finished? 4 SENATOR BRUNO: Thank you, Mr. 5 President. 6 ACTING PRESIDENT LACK: Senator 7 Connor. 8 SENATOR CONNOR: I have a 9 constructive suggestion. The Majority Leader, 10 the chairman of the committee, the staffs that 11 are involved in this ought to go and meet with 12 their counterparts in the Assembly. We're now 13 close enough, the pressure is on, and negotiate, 14 negotiate all the issues. 15 This issue didn't arise a half 16 hour ago when we took the floor. This issue - 17 we knew this was coming for months. The way you 18 do legislation is by negotiation. That's why 19 the point of this motion, Mr. President. Of a 20 committee, a committee ought to discuss 21 provisions with these kinds of implications and 22 I suggest that negotiations ought to go forward. 23 They ought to be in good faith, and I don't 6459 1 think it helps negotiations by bringing out a 2 bill that's so full of holes that attempts on 3 principle to get at a principle and, in the 4 meantime, poses a great threat to hurting real 5 people with real family situations. 6 ACTING PRESIDENT LACK: Senator 7 Bruno, the floor is still yours, if you request 8 it. 9 SENATOR BRUNO: Thank you, Mr. 10 President. 11 I'd like to just share with the 12 Senator something that he may already be aware 13 of, that at this time negotiations are taking 14 place, to my knowledge. Our chair of our 15 committee is not here because he is deliberating 16 over how we might resolve this issue and 17 answering some of your rhetorical questions, we 18 are open, we -- some of us here -- to resolving 19 this with a different approach and different 20 numbers. 21 There is a bill that is printed, 22 to my knowledge, that will be surfacing very 23 shortly that I believe comes a long ways toward 6460 1 a compromise. But our concern -- my concern, let 2 me say, as a sponsor of a bill that has been on 3 this floor for the last several months, that 4 deals with luxury apartment decontrol -- not 5 rent decontrol, luxury apartment decontrol - 6 that's been on the floor for several months, 7 Senator. It's been live, but we have not dealt 8 with it because we have been trying, negotiating 9 to resolve this issue in some realistic 10 reasonable way. 11 But compromise means compromise. 12 It doesn't mean "my way or no way." We're not 13 trying to dispossess. We're not trying to hurt 14 people who are in rent-controlled apartments. 15 We're trying to be helpful. We're trying to 16 protect them. We're trying to make sure that 17 they have a place to live, that they can afford, 18 but the bill that I introduced, and many of us 19 have passed over the last several years, does 20 deal with undeserving people where the poor 21 people of New York State subsidize the rich, and 22 that's exactly what you have been supporting, 23 Senator, subsidizing the rich on the backs of 6461 1 the poor, and we think that the time has come to 2 stop that and do what is right for the great 3 majority of the people of this state and not 4 protect a few thousand people that will be 5 affected by luxury apartment decontrol. 6 So let's be realistic and let's 7 talk realistically to each other, and let's get 8 the situation resolved. But again, if we're 9 going to grandstand, then we're going to be here 10 in the morning and you're going to hurt an awful 11 lot of people in this state. 12 SENATOR CONNOR: Mr. President. 13 ACTING PRESIDENT LACK: Sorry, 14 Senator Connor. Senator Goodman is next on the 15 list. I'll be glad to - 16 SENATOR CONNOR: Just a brief 17 question. 18 ACTING PRESIDENT LACK: Senator 19 Connor, Senator Goodman yields. 20 SENATOR CONNOR: Thank you, Mr. 21 President. Thank you, Senator Goodman. 22 Let me just say that my remarks, 23 you know, my remarks were no more grandstanding 6462 1 than bringing this bill out, calling it up for 2 its third reading, in the absence of an 3 agreement. That's a form of grandstanding or 4 playing right up to the edge, if you will, that 5 I think isn't necessary. If you're going to 6 negotiate, negotiate; don't grandstand. Don't 7 grandstand with bills. 8 The fact of the matter is that, 9 and I appreciate what Senator Bruno says and 10 he's talking about a principle: The poor 11 shouldn't subsidize the rich. The poor 12 shouldn't subsidize the rich when we do school 13 aid. The poor in New York State shouldn't 14 subsidize the rich suburbs in Long Island when 15 we do school aid. That's a principle. 16 The reality is we get a budget; 17 we have to make it work, and sometimes you can 18 look at it and analyze it and say, Gee, the poor 19 are subsidizing the rich. And I could go on and 20 on and on. The principle is fine; the practical 21 implementation is not always possible and it's, 22 as a matter of principle to say these very 23 wealthy people shouldn't have rent-controlled 6463 1 apartments or rent-stabilized apartments, they 2 don't need that protection for these luxury 3 apartments, that's a great principle. 4 I think the points that I brought 5 up, rather than grandstanding, are pointing out 6 how it is very difficult, if not impossible, as 7 a practical matter to do anything about that 8 principle in this area. To get the few you put 9 in jeopardy many others who simply don't fall 10 into that luxury or affluent category. 11 So I can subscribe, Senator 12 Bruno, to the principle. What I'm saying is your 13 bill is not practical. It's not a practical way 14 to do it. I'm not sure dealing with an area 15 like rent regulation that covers literally 16 millions of tenants, tens of thousands of 17 apartments, that there's a practical way. 18 One other practicality, Senator. 19 This bill does something that we have never done 20 in any other area, and that is opened up the 21 whole Tax Department to giving to another agency 22 people's tax returns or tax information. We 23 don't do that; the federal government doesn't do 6464 1 that, not to any agency. We don't even give it 2 to D.A.s. Grand juries can't get it. 3 So what -- we're suddenly going 4 to give it to DHCR, because a landlord files a 5 complaint. The whole fundamental principle of 6 voluntary compliance, which the federal and 7 state systems depend on, is suddenly for the 8 first time in history opened up. 9 The principle, Senator Bruno, the 10 poor shouldn't support the rich. Wealthy, 11 wealthy people shouldn't have luxury apartments 12 that are rent regulated. The principle sounds 13 good. The practicalities are worse. The remedy 14 is worse than the illness. That's the problem. 15 The remedy is worse than the illness. 16 Thank you, Mr. President. 17 ACTING PRESIDENT LACK: Senator 18 Goodman. 19 SENATOR GOODMAN: Mr. President, 20 the serious negotiations relating to rent 21 regulation have now commenced. They're not 22 occurring in this room. I'm advised that they 23 are now occurring outside of this room and that, 6465 1 for the first time, apparently the parties 2 involved are coming to grips with the two 3 principal serious issues which must be bridged 4 if we're to achieve any understanding on behalf 5 of tenant protection. 6 What the design and purpose was 7 of bringing this bill to the floor at this hour, 8 I do not know, and I shall not comment upon, 9 other than to say that this bill is not a 10 serious bill and that this bill is plainly and 11 obviously a one-house bill with no prospect 12 whatsoever of being passed in the other house. 13 Perhaps somebody felt that it was necessary to 14 keep us amply occupied this evening while the 15 negotiations are under way. I find this an 16 inappropriate way to keep ourselves occupied. 17 Mr. President, there's much that 18 needs to be said about the necessity of 19 providing protection for 2 million people in the 20 state of New York, almost overwhelmingly 21 representatives of the middle class, the middle, 22 middle class and the lower middle class who have 23 an enormous stake in the outcome of the 6466 1 deliberations in this house. 2 Suffice it to say that to go into 3 a lengthy debate with regard to a bill that is 4 on the road to nowhere serves no useful purpose 5 and might carry with it the danger of derailing 6 certain conversations which, to put it mildly, 7 are on a sensitive track. 8 So, for that reason, I shall say 9 no more about this bill except that it is 10 certainly my intention to vote against the basic 11 bill as a demonstration of concern and as a way 12 of sending a strong message to a group that are 13 participating in negotiations in which several 14 of us have had some voice. 15 Mr. President, I ask for the 16 patience of the house. I very much hope that 17 within a very few minutes, we will have revealed 18 to us the core conversations which relate to the 19 two vital matters that must be decided, namely 20 what can be done to protect 2 million tenants 21 and what can be done to restore some stability 22 to a situation which has amounted to nothing 23 more nor less than a two-year annual roller 6467 1 coaster ride which has subjected good and 2 innocent people to a type of municipal tension 3 to which they should never have been subject. 4 I think it's -- in a sense, 5 unfortunate, to say the least, that a group of 6 people should come up here accompanied by unpaid 7 lobbyists, people that do this out of the 8 goodness of their hearts and the devotion to 9 their cause, having to take out of their own 10 hard-pressed wallets the fare that brings them 11 up and back on buses, having told their buses 12 not to return at 6:00 p.m., and now hanging on 13 until some time after midnight which may get 14 them home after dawn. There are approximately 15 500 people who did this today, a number from my 16 own constituency and a number from many of your 17 constituencies, and this is just a token of the 18 type of inconvenience, at the very least, to 19 which we're subjecting them. 20 This should not happen, and it's 21 my hope that the final product which, please 22 God, will be unveiled within a matter of a few 23 moments, will be one that will justify the 6468 1 effort that they had to put forth. 2 SENATOR GOLD: On the motion. 3 ACTING PRESIDENT LACK: Excuse 4 me. We don't allow any demonstrations in the 5 Senate. Thank you very much. 6 The question is on the motion. 7 SENATOR GOLD: Slow roll call, 8 Mr. President. 9 ACTING PRESIDENT LACK: Well, 10 just a moment. Let me say the question is on 11 the motion of Senator Gold. A vote in the 12 affirmative is a vote to recommit the bill. A 13 vote in the negative is a vote not to recommit 14 the bill. 15 Slow roll call has been 16 requested. The Secretary will please ring the 17 bells and call the roll slowly. 18 THE SECRETARY: Senator Babbush 19 excused. 20 Senator Bruno. 21 SENATOR BRUNO: No. 22 THE SECRETARY: Senator Connor. 23 (There was no response. ) 6469 1 THE SECRETARY: Senator Cook. 2 (There was no response. ) 3 Senator Daly. 4 (There was no response. ) 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: No. 7 THE SECRETARY: Senator 8 Dollinger. 9 SENATOR DOLLINGER: Mr. 10 President, I rise to explain my vote. 11 ACTING PRESIDENT LACK: Senator. 12 SENATOR DOLLINGER: I'm intrigued 13 by this debate. I don't live in a 14 rent-controlled community. I just wanted to 15 comment on one thing that follows up on comments 16 made by Senator Gold. It deals with the issue 17 that I've learned in this house called respect 18 for this house. 19 I'd call all your attention to 20 that night back in early May when we talked 21 about the Comptroller. The Majority Leader came 22 into the chamber that day and mentioned my name 23 and talked about the respect for this house and 6470 1 how one of the important things that you learn 2 as a member was respect for your peers and 3 respect for the process that we engage in. 4 I knew -- I looked at Senator 5 Marino and thought, I am learning respect for 6 this house, I'm learning respect for the people 7 I debate against, the people who have strongly 8 felt views, even though I may not share them and 9 strongly felt and argued positions on both sides 10 of the aisle. 11 What disappoints me about what 12 transpires tonight is that I don't think it 13 shows respect for this house. We've brought a 14 bill out that is going to have substantial 15 problems with it. I think Senator Connor laid 16 them out in great detail; Senator Gold has laid 17 them out, a bill that may not have a future, as 18 Senator Goodman suggests. And yet where is the 19 respect for this house? We don't even take it 20 out of the committee. We don't even give it to 21 the committee that has jurisdiction over housing 22 matters. Instead, we bring it from some unknown 23 place to this body. 6471 1 If the message to me as a 2 newcomer is to learn respect for this house, I'd 3 see that respect ebbing away when we all of a 4 sudden change the rules because we've now run to 5 within 70 minutes of the bewitching hour for an 6 important thing for 2 million people in this 7 state. I wonder if the people who come to argue 8 on this issue, our friends from the tenants 9 associations, how can they have any respect for 10 us? How can they have any respect for this 11 institution, if they draw their conclusions from 12 our performance tonight? 13 My suggestion is they can't 14 generate any respect for us and, if we really 15 respect this house, we'll commit this bill back 16 to the Housing Committee and do it the way it 17 ought to be done. 18 ACTING PRESIDENT LACK: Senator 19 Dollinger, how do you vote? 20 SENATOR DOLLINGER: I vote yes. 21 ACTING PRESIDENT LACK: And I 22 would ask Senators who are going to rise to 23 explain their votes to remember that one 6472 1 explains one's vote in this house for two 2 minutes, and from now on the two-minute rule 3 will be requested. 4 Senator Galiber. 5 SENATOR GALIBER: Just on a point 6 of, I hope we don't have to use it, Mr. 7 President, but I thought we'd cleared this 8 matter up yesterday, that we have the two 9 minutes unless someone objects to that person 10 speaking past two minutes. 11 ACTING PRESIDENT LACK: Hold it 12 for a second. We have Senators who have come up 13 here, Senator Galiber, and requested that we 14 recognize the two-minute rule. I'm requesting 15 that Senators voluntarily adhere to the two 16 minute rule. Thereafter, of course, any Senator 17 can stand up and ask that the Senator finish his 18 or her remarks because two minutes have expired. 19 SENATOR GALIBER: Would that mean 20 we say yes, we need an objection from someone in 21 order to enforce the two-minute rule? 22 ACTING PRESIDENT LACK: Yes. We 23 will ask for an objection from someone. 6473 1 SENATOR GOODMAN: Mr. President, 2 point of order. 3 ACTING PRESIDENT LACK: Senator 4 Goodman, your point of order. 5 SENATOR GOODMAN: Could we have 6 some order in the chamber. Your conversation is 7 almost inaudible. 8 ACTING PRESIDENT LACK: May we 9 please have some quiet in the chamber. We are 10 on a roll call. Yes, Senator Galiber, we will 11 take objections after two minutes but, as every 12 Senator should know having, I'm sure, been very 13 well acquainted with the rules of this chamber, 14 a Senator who is explaining his or her vote 15 should speak for two minutes. That is a simple 16 request that is made. Please continue the roll 17 call. 18 THE SECRETARY: Senator Espada. 19 SENATOR ESPADA: Yes. 20 THE SECRETARY: Senator Farley. 21 (There was no response. ) 22 Senator Galiber. 23 SENATOR GALIBER: Yes. 6474 1 THE SECRETARY: Senator Gold. 2 SENATOR GOLD: Mr. President, 3 explain my vote. 4 ACTING PRESIDENT LACK: Senator 5 Gold. 6 SENATOR GOLD: I would just like 7 to point out, and I appreciate that Senator 8 Leichter made this point, but I want to say it a 9 little differently. 10 4900, which was the bill reported 11 out of committee, is basically less than two 12 pages of writing. The bill that is before us 13 goes onto its 18th page. Now, there's nothing 14 clearer to show that they're two completely 15 different pieces of legislation. 16 I would like to also answer this 17 silly, silly comment that is made that luxury 18 apartment dwellers are in somehow living there 19 off the backs of the poor. What utter garbage. 20 If we have luxury decontrol as it is suggested 21 by the Republicans, I don't see anything in the 22 bill that says that these higher rents are going 23 to be given to poorer people to help them along 6475 1 day by day. Those higher rents are going into 2 the pockets of the landlords. Who doesn't know 3 that? 4 This bill is a bill to give 5 people who knew the rules extra money. I'm 6 waiting to hear how many of these landlords who 7 own the luxury apartments bought them 40, 50, 80 8 years ago. They bought them a year, two, five, 9 ten; they knew the rules. They did the math 10 like everybody else, and they decided to make 11 the investment. 12 I don't blame them for wanting to 13 get the bonanza. They've paid for that bonanza 14 in campaign contributions and now they want 15 their day. They paid for it by advertising in 16 the newspapers and getting editorial support. 17 ACTING PRESIDENT LACK: Excuse 18 me, Senator Gold. Senator Hannon has requested 19 that you have two minutes to explain your vote, 20 Senator, and we are on a roll call. 21 SENATOR GOLD: And, therefore, I 22 vote yes. 23 ACTING PRESIDENT LACK: Senator 6476 1 Gold in the affirmative. Continue the roll 2 call. 3 THE SECRETARY: Senator 4 Gonzalez. 5 SENATOR GONZALEZ: Yes. 6 THE SECRETARY: Senator Goodman. 7 SENATOR GOODMAN: Yes. 8 THE SECRETARY: Senator 9 Halperin. 10 SENATOR HALPERIN: Yes. 11 THE SECRETARY: Senator Hannon. 12 SENATOR HANNON: Rise to explain 13 my vote on this motion, although I'll get into 14 the - 15 ACTING PRESIDENT LACK: Senator 16 Hannon. 17 SENATOR HANNON: -- merits of 18 things later. 19 It's ironic that the Minority 20 Leader would attempt to defuse this issue by 21 talking about procedural items only or almost 22 only, and not going to the merits. The trouble 23 with his procedural argument is it's without any 6477 1 water whatsoever. 2 In order to get a better 3 procedures points that have been brought about, 4 about income verification, amendments were made 5 to the bill. Senator Bruno's bill, which passed 6 this house last year and is a luxury decontrol, 7 has been on the calendar for months, and that is 8 the guts of this bill. 9 So all the arguments, I think, 10 about procedure are without -- totally without 11 merit, and I vote no. 12 ACTING PRESIDENT LACK: Continue 13 the roll call. 14 THE SECRETARY: Senator 15 Hoffmann. 16 (There was no response. ) 17 Senator Holland. 18 SENATOR HOLLAND: No. 19 THE SECRETARY: Senator Johnson. 20 SENATOR JOHNSON: No. 21 THE SECRETARY: Senator Jones. 22 (There was no audible response. ) 23 Senator Kuhl. 6478 1 SENATOR KUHL: No. 2 THE SECRETARY: Senator Lack. 3 SENATOR LACK: No. 4 THE SECRETARY: Senator Larkin. 5 SENATOR LARKIN: No. 6 THE SECRETARY: Senator LaValle. 7 (There was no audible response. ) 8 THE SECRETARY: Senator 9 Leichter. 10 SENATOR LEICHTER: Mr. President, 11 to explain my vote. 12 ACTING PRESIDENT LACK: Senator 13 Leichter to explain his vote. 14 SENATOR LEICHTER: Mr. President, 15 I think it's ironic to have you talking about 16 the importance of members adhering to the rules 17 of the house, referring to a minor technical 18 rule, when one of our major rules is being 19 violated by this rule being on the floor. 20 Senator Hannon says there hasn't 21 been a discussion of the merits. Well, the 22 bill, frankly, Senator, has no merit. It's a 23 pitiful effort to deal with an extremely complex 6479 1 and extremely sensitive issue and should have 2 been done through committees, through hearings, 3 through careful considerations, not to have a 4 political statement of this sort. 5 We're almost one hour from rent 6 control expiring in the state of New York. It's 7 a frightening thought that we would let this 8 come to this pass, that we would put 2 million 9 people at risk. We still have time to recommit 10 this bill and to start a serious process, in the 11 meantime giving people the security that they're 12 entitled to. 13 Mr. President, I vote yes. 14 ACTING PRESIDENT LACK: Senator 15 Leichter in the affirmative. Continue the roll 16 call. 17 THE SECRETARY: Senator Levy. 18 SENATOR LEVY: No. 19 THE SECRETARY: Senator Libous. 20 SENATOR LIBOUS: No. 21 THE SECRETARY: Senator Maltese. 22 SENATOR MALTESE: Nay. 23 THE SECRETARY: Senator Marchi. 6480 1 SENATOR MARCHI: No. 2 THE SECRETARY: Senator Marino. 3 (Negative indication. ) 4 THE SECRETARY: No. 5 Senator Markowitz. 6 SENATOR MARKOWITZ: Explain my 7 vote. 8 ACTING PRESIDENT LACK: Senator 9 Markowitz to explain his vote. 10 SENATOR MARKOWITZ: I never 11 thought the day would come when I would hear 12 Senator Bruno call for welfare for landlords. 13 Never thought I'd ever hear you with the 14 crocodile tears talk about the poor people in 15 our society. 16 Senator Bruno, I'm enthused that 17 suddenly you've been reinvigorated with a spirit 18 of concern and care for the less fortunate of 19 our society. I hope tonight will be a rebirth 20 of hearing from you very often in terms of 21 fighting for the downtrodden in our society. 22 Senator Hannon, from the day you 23 got this chairmanship, Senator, from the day you 6481 1 began your hearings some months ago, you were on 2 a mission, on a mission to, under your 3 leadership, change the rent laws the way they've 4 been. 5 A very simple thing to say this 6 is a landlord welfare bill, there's no denying 7 it. I say, as a tenant leader -- and I consider 8 myself a tenant leader as well as a State 9 Senator -- here's what I offer the Republican 10 Party. Let's renew this rent law as we have it 11 today for two years, and let the landlords open 12 the books. Open the books, Senator Hannon. 13 Open the books. 14 (Applause from the gallery. ) 15 Let's find out once and for all. Open the 16 books, let them see. 17 ACTING PRESIDENT LACK: Senator 18 Markowitz. Senator Markowitz. 19 SENATOR MARKOWITZ: I am not 20 finished my two minutes yet. 21 ACTING PRESIDENT LACK: No, you 22 can have your extra time. Ladies and gentlemen 23 in the gallery, we're sorry, but applause is not 6482 1 permitted in the Senate chamber. If you're 2 going to continue to applaud, you're going to 3 force me to have the gallery emptied. 4 Now, this is the second time I've 5 mentioned it. Please, you're welcome here to 6 hear what is proceeding on in the Senate 7 chamber. We only ask that you act in a 8 dignified manner, that you make no public 9 demonstration of any kind and no applause. If 10 that continues again, I'll have to ask the 11 Senate Sergeant-at-Arms to clear the chamber. 12 Now, please respect the rules of 13 our Senate, and Senator Markowitz will continue 14 his comments. 15 SENATOR MARKOWITZ: Thank you. 16 Thank you, Senator. 17 ACTING PRESIDENT LACK: 18 Additional time added on. 19 SENATOR MARKOWITZ: Thank you. 20 Under this proposal, Senator 21 Hannon, you ask for tenants. In fact, tenants 22 would have to open up their incomes. That's 23 what you're calling for. It seems to me that 6483 1 opening the books up from the owner should come 2 first. 3 And secondly we talk about the 4 few tenants. One percent, one half of one 5 percent, one quarter of one percent of tenants 6 that may be in what you consider them to be 7 super luxury, although I imagine, Senator Daly, 8 to dry clean a suit in your home town probably 9 is about four bucks. Let me tell you, in 10 Manhattan and parts of Brooklyn, it's eight 11 bucks to dry clean a suit, and I'm mentioning it 12 because there are different standards of living 13 in terms of costs, living in some of your 14 communities and living in some of ours. 15 I say what we should be focusing 16 on, Mr. President, what we should be focusing 17 on, what about the tens of thousands of tenants 18 in New York City who are paying too much rent 19 for their income? What about those tenants that 20 are spending 40, 50 percent of their income on 21 rent because they can't find apartments? 22 You think it's like going down a 23 supermarket aisle of Price Chopper, and, if you 6484 1 see a can of beans on sale for a buck and 2 something on sale for ninety cents, that you buy 3 the 90 cents? There is no open housing in New 4 York City, period. And decontrolling is not 5 going to be the answer, Senator Hannon. 6 We ought to focus in on the real 7 need: Number one, the small landlord, they need 8 our help. What happened to you? You said 9 earlier you wanted to help the small landlord. 10 This certainly won't. 11 ACTING PRESIDENT LACK: Senator 12 Markowitz, your two minutes have expired. 13 SENATOR MARKOWITZ: I vote yes. 14 ACTING PRESIDENT LACK: Thank 15 you. Continue the roll call. 16 THE SECRETARY: Senator 17 Masiello. 18 SENATOR MASIELLO: Yes. 19 THE SECRETARY: Senator Mega. 20 (There was no audible response. ) 21 THE SECRETARY: Senator Mendez. 22 (There was no audible response. ) 23 Senator Montgomery. 6485 1 (There was no response. ) 2 Senator Nolan. 3 (There was no response. ) 4 Senator Nozzolio. 5 SENATOR NOZZOLIO: No. 6 THE SECRETARY: Senator 7 Ohrenstein. 8 (Affirmative indication. ) 9 THE SECRETARY: Aye. 10 Senator Onorato. 11 SENATOR ONORATO: Aye. 12 THE SECRETARY: Senator 13 Oppenheimer. 14 SENATOR OPPENHEIMER: Aye. 15 THE SECRETARY: Senator Padavan. 16 SENATOR PADAVAN: Yes. 17 THE SECRETARY: Senator Pataki. 18 SENATOR PATAKI: No. 19 THE SECRETARY: Senator 20 Paterson. 21 (There was no response. ) 22 Senator Present. 23 SENATOR PRESENT: No. 6486 1 THE SECRETARY: Senator Saland. 2 SENATOR SALAND: No. 3 THE SECRETARY: Senator 4 Santiago. 5 SENATOR SANTIAGO: Yes. 6 THE SECRETARY: Senator Sears. 7 SENATOR SEARS: No. 8 THE SECRETARY: Senator Seward. 9 SENATOR SEWARD: No. 10 THE SECRETARY: Senator Sheffer. 11 SENATOR SHEFFER: No. 12 THE SECRETARY: Senator Skelos. 13 SENATOR SKELOS: No. 14 THE SECRETARY: Senator Smith. 15 SENATOR SMITH: Yes. 16 THE SECRETARY: Senator Solomon. 17 SENATOR SOLOMON: Mr. President, 18 to explain my vote. 19 ACTING PRESIDENT LACK: Senator 20 Solomon to explain his vote. 21 SENATOR SOLOMON: Mr. President, 22 I'm glad, Senator Bruno, you talk about 23 principle and not subsidizing people, because 6487 1 using that hundred thousand dollar level should 2 be used in numerous ways. For instance, when we 3 look at a SUNY tuition increase why should those 4 that earn over $100,000 a year be subsidized by 5 those that earn $25,000 a year? I think we 6 should have two levels of tuition, one for those 7 that earn over $100,000 a year, maybe they 8 should pay the out-of-state tuition, they 9 shouldn't be subsidized by the taxpayers in this 10 state. 11 That sounds the same thing. It's 12 very fair. We're talking about subsidies. I'd 13 like to see how many people on your side of the 14 aisle would like to put in a bill such as that. 15 It's very principled. In fact, that's listed as 16 one of the quote, "middle class subsidies" in a 17 recent Empire State Report where they talk about 18 where they classify rent stabilization as a 19 subsidy. 20 There are some others, the people 21 we allow to keep $70,000 if they have to go into 22 a nursing home, families allowed to maintain 23 $70,000, yet they get Medicaid which pays for 6488 1 the full cost of that nursing home. That's 2 another subsidy. 3 But let's talk about fair. I 4 think the SUNY tuition smacks right on target; 5 in fact, it's very fair and it should be applied 6 equally across the state. We just don't have to 7 deal with a couple of localities. So let's 8 remember what you said when that next SUNY 9 tuition comes up, Senator, and I'm sure you'll 10 be proud to introduce that type of bill because 11 that will be fair, and we don't want to 12 subsidize those people who could send their kids 13 to private college. Why should we subsidize 14 them? 15 I vote yes. 16 ACTING PRESIDENT LACK: Senator 17 Solomon in the affirmative. Continue the roll 18 call. 19 THE SECRETARY: Senator Spano. 20 SENATOR SPANO: No. 21 THE SECRETARY: Senator 22 Stachowski. 23 SENATOR STACHOWSKI: Yes. 6489 1 THE SECRETARY: Senator 2 Stafford. 3 SENATOR STAFFORD: No. 4 THE SECRETARY: Senator 5 Stavisky. 6 SENATOR STAVISKY: Yes. 7 THE SECRETARY: Senator Trunzo. 8 SENATOR TRUNZO: No. 9 THE SECRETARY: Senator Tully. 10 SENATOR TULLY: No. 11 THE SECRETARY: Senator Velella. 12 SENATOR VELELLA: No. 13 THE SECRETARY: Senator Volker. 14 SENATOR VOLKER: No. 15 THE SECRETARY: Senator Waldon. 16 SENATOR WALDON: Mr. President, 17 to explain my vote. 18 ACTING PRESIDENT LACK: Senator 19 Waldon to explain his vote. 20 SENATOR WALDON: Mr. President, 21 it's my understanding that there are about 2 22 million students from Nassau-Suffolk County. 23 ACTING PRESIDENT LACK: Excuse 6490 1 me, Senator Waldon. I can't hear Senator Waldon 2 from here, and I'm closer than a lot of you. I 3 would ask the Sergeant-of-Arms, please, for that 4 row that's in the back, find seats or please 5 leave the chamber. There will be no further 6 conversations, and please give your attention to 7 Senator Waldon, who is explaining his vote. 8 Senator? 9 SENATOR WALDON: Thank you very 10 much, Mr. President. 11 It is my understanding that about 12 2 million students from Nassau-Suffolk County 13 attend the SUNY institutions. Perhaps many of 14 their parents make $100,000 or more. It is also 15 my understanding that there are about 2 million 16 tenants who are at risk as a result of what 17 we're doing here tonight, many of whom who make 18 much less than $100,000. 19 So I propose that we flip-flop 20 those who have for those who have not and create 21 some equity in what we're doing here this 22 evening. Think about it. 23 I vote yes. 6491 1 ACTING PRESIDENT LACK: Senator 2 Waldon in the affirmative. Continue the roll 3 call. 4 THE SECRETARY: Senator Wright. 5 SENATOR WRIGHT: No. 6 ACTING PRESIDENT LACK: 7 Absentees. 8 THE SECRETARY: Senator Connor. 9 SENATOR CONNOR: Mr. President. 10 ACTING PRESIDENT LACK: Senator 11 Connor to explain his vote. 12 SENATOR CONNOR: Thank you, Mr. 13 President. 14 You know, I want to follow up 15 just briefly on something Senator Markowitz 16 ended on. I've met with, each year, the small 17 landlords from my district from Greenpoint, from 18 the Lower East Side, from Sunset Park. They 19 come up, they say, "Senator, I'm not rich," many 20 of them are immigrants from Poland or Latinos, 21 they say, "I've saved everything to buy this 22 building. It has six or seven apartments. I 23 sweep the sidewalk myself. I put the garbage 6492 1 out. I can't afford a super. When I bought the 2 building, I mean I have people who have been 3 there for many, many years. My tenants are 4 poor." They'll say that. "My tenants are poor 5 but I can't make it either; my entire investment 6 is this building." Where are they in this bill? 7 They don't make campaign contributions. They 8 can't even afford a super to take out the 9 garbage. 10 Principle! It's all principle, I 11 hear from the other side. It's not. It's all 12 money, money, money. The big landlords benefit 13 from this. The people we ought to figure out 14 how to help, small owners, with poor tenants, we 15 ought to help those owners, not at the expense 16 of the tenants. We ought to be fashioning 17 things to deal with that. 18 Why aren't we doing that? These 19 are red-blooded Americans who own property. 20 Republican Party is supposed to take care of 21 them. Where are they in this bill? 22 I vote aye. 23 ACTING PRESIDENT LACK: Senator 6493 1 Connor in the affirmative. Continue the roll 2 call. 3 THE SECRETARY: Senator Cook. 4 SENATOR COOK: Mr. President. 5 ACTING PRESIDENT LACK: Senator 6 Cook to explain his vote. 7 SENATOR COOK: Mr. President, I 8 think it's important that we understand what's 9 happening. This is not a vote on the bill. 10 It's not a vote on rent control, vacancy 11 decontrol, luxury apartments. This is a vote on 12 a motion. 13 A motion was made, as I 14 understand it, on the premise that a bill that 15 was reported from committee had been amended 16 and, therefore, was not properly before the 17 house and ought to go back to the committee and 18 be discussed. I would simply suggest that 19 should this pass, that I then intend to make a 20 motion that any bill that any member has on the 21 floor who voted for this -- this motion that's 22 been amended, that I'm going to move that all 23 those bills that have been amended since 6494 1 reporting from committee be recommitted on the 2 same basis, that they ought to be reconsidered 3 because it seems to me that that's really what 4 the motion is all about, and I think that we are 5 voting on a premise here of what we have always 6 understood, and that is that any member can 7 amend any bill that they have on the floor of 8 the house, and I'm, therefore, voting against 9 the motion because I believe that we ought to 10 uphold the rules as we -- the practice that we 11 follow. 12 ACTING PRESIDENT LACK: Senator 13 Cook in the negative. 14 SENATOR GOLD: Mr. President, a 15 point of information, please. 16 ACTING PRESIDENT LACK: Yes, 17 Senator Gold. 18 SENATOR GOLD: I really feel kind 19 of silly. I just got a phone call from my wife 20 in New York, who says the radio is already 21 announcing we've agreed to a one-day extension 22 in both houses. Why are we doing this? 23 ACTING PRESIDENT LACK: Are you 6495 1 withdrawing your motion, Senator? 2 SENATOR GOLD: No. I want to 3 know why are we debating this bill when the 4 press has left, everybody is reporting all over 5 the place that we have agreement on a one-day 6 extender. 7 ACTING PRESIDENT LACK: Excuse 8 me. Senator, to the extent that you've asked a 9 point of information, the answer is you've made 10 a motion. Continue the roll call. 11 SENATOR GOLD: Point of order, 12 Mr. President. If I withdraw the motion, do we 13 withdraw the bill and we all go home? 14 ACTING PRESIDENT LACK: If you 15 withdraw the motion, the bill is on the floor 16 and we'll consider the bill. 17 SENATOR GOLD: Well, point of 18 information: Why are we considering a bill when 19 it's already been announced all over the press 20 and radio that there's been bipartisan, triple 21 Governor agreement for a one-day extension and 22 we're not going to do this. 23 ACTING PRESIDENT LACK: Thank 6496 1 you. Senator Gold, we're in the middle of a 2 roll call. Thank you. 3 SENATOR GOLD: Does that mean yes 4 or no? 5 ACTING PRESIDENT LACK: Thank 6 you, Senator Gold. Continue the roll call. 7 SENATOR GOLD: You're welcome, 8 Mr. President. I hope I've been helpful. 9 ACTING PRESIDENT LACK: Continue 10 the roll call. 11 THE SECRETARY: Senator Daly. 12 SENATOR DALY: No. 13 THE SECRETARY: Senator Farley. 14 SENATOR FARLEY: No. 15 THE SECRETARY: Senator 16 Hoffmann. 17 (There was no response. ) 18 Senator Montgomery. 19 (There was no response. ) 20 Senator Nolan. 21 (There was no response. ) 22 Senator Paterson. 23 SENATOR PATERSON: Yes. 6497 1 ACTING PRESIDENT LACK: Results. 2 THE SECRETARY: Ayes 24, nays 3 33. 4 ACTING PRESIDENT LACK: The 5 motion did not pass. 6 On the bill. Senator Hannon. 7 SENATOR HANNON: On the bill, Mr. 8 Speaker -- Mr. President. Ingrained habit. 9 I would like to have an extensive 10 amount of time, but I'm not going to do that, to 11 talk about all the merits, to talk about the 12 issue, to talk about how there's been a fear 13 campaign, so that the real middle class, the 14 people with the small apartments, shouldn't be 15 afraid, but no, what I really want to address is 16 the question on everybody's mind which is why 17 are we here at 11 o'clock, 50 minutes to go, on 18 the third -- second extension to expire, and 19 that's because we've had to adopt this procedure 20 taking this bill to this floor to get people to 21 talk. 22 The bill was due to expire on 23 June 15th. We knew that. This body debated 6498 1 luxury decontrol on this very floor and it 2 passed in 1992, and we knew the old laws were 3 going to expire on June 15th. We had hearings 4 in the city of New York, two whole days. We 5 issued a report. 6 This year has seen many reports, 7 many books come out, Scarcity by Design, things 8 about the housing shortage in New York City; 9 Community Service Society, Housing on the Block; 10 140,000 units in jeopardy of going for 11 foreclosure. 12 We didn't have anything to do 13 with this. The public knows; the public 14 expected us to do the right thing, but this 15 Legislature couldn't get those talks going. 16 Senator Bruno had the bill. Senator Marino 17 said, "Let's get talking." We couldn't do it. 18 Finally got an inkling and a glimmer two weeks 19 ago, and had an eight-day extension. When that 20 was just to be up, Speaker Weprin said, "I want 21 to talk." Well, I don't know how much he really 22 talked until just yesterday, and all day things 23 have been -- talks have been going on, but 6499 1 absolutely no movement. 2 We called the Rules Committee for 3 the chapter which raises the income threshold. 4 We start this and, lo and behold, things start 5 moving. It is a terrible way to do business. 6 It is a terrible thing to terrify people who 7 have apartments in the City and elsewhere who 8 will be subject to this, but I'll tell you it's 9 50 years of just a rotten system, and Mr. 10 Markowitz talked about what I've done since I 11 got to be the head of this committee. 12 Well, you know what, I had -- I 13 took the job seriously. I've spent the time in 14 each of the boroughs. I've spent the time in 15 this state. I've looked at what we have as 16 affordable housing and lack of it. I've looked 17 at the public housing, and mostly it's in your 18 district, and we've acted responsibly. When the 19 city of New York has asked us to do things, 20 we've done it. When the state of New York has 21 asked us to do things, we've done it. There's 22 no credit given over here, but it's the right 23 thing to do, and when we deal with this issue, 6500 1 this whole thing is the right thing to do. 2 We've tried to be reasonable. 3 We've tried to strike a moderate approach and, 4 unlike all the things you say, this bill is a 5 comprehensive bill. There's things in there for 6 hardship cases from the left wing to the right 7 wing spectrum of ideology; everybody says there 8 are buildings in New York City that are in 9 danger of being lost and, if they're lost, 10 they'll be taken over by the City HPD, Housing 11 Preservation Department, somewhat of a misnomer, 12 and if that happens they go out of the rent 13 system entirely. 14 What -- what are we to do? We're 15 trying to address problems, and when we're 16 addressing the luxury, it is the biggest symbol 17 in the world because it is a big problem. Have 18 we addressed it in other areas? Two Senators 19 mentioned tuition in college. What do you think 20 the TAP system is structured on? Income. The 21 more you make, the less you get. What do you 22 think about financial aid in each of the 23 universities? Income. The more you get, the 6501 1 less you get in tuition and financial aid -- in 2 financial aid. 3 This is simply trying to address 4 it rationally. I'm sure that I've sparked off 5 more questions in debate than I meant to. I'm 6 sure I've taken up more time than I meant to 7 because there are a lot of people who indicated 8 they wanted to talk on this. But I will tell 9 you, many people have not addressed the issues 10 nor have they read the bill. 11 We haven't gone through anybody's 12 tax returns; in fact nobody does. We make sure 13 all of the privacy provisions of the current 14 statute are continued. We make sure all of the 15 statutes that make sure landlords behave 16 properly are continued, the anti-harassment 17 statutes. We've -- the Governor, last Thursday, 18 lo and behold, 11 years into his incumbency, 19 asked us 45 questions about rent control. We 20 gave the answers. They're available to 21 anybody. They pierce many of the veils that 22 people think are sacred cows about this whole 23 system. 6502 1 With that, I think this bill is a 2 worthy bill. With that, I think negotiations 3 are continued apace, and I think this is a 4 worthy debate, and I'm going to urge people to, 5 if we bring this to a vote, to vote for it. 6 SENATOR GOLD: Will the Senator 7 yield to a question? 8 ACTING PRESIDENT LACK: Senator 9 Stavisky is next on the floor unless he'd like 10 to yield to you for a moment. 11 SENATOR STAVISKY: I yield. 12 ACTING PRESIDENT LACK: Senator 13 Gold. 14 SENATOR GOLD: Yeah, just one 15 question I'm curious about, Senator Hannon. You 16 said you held hearings and you were concerned 17 there were 140,000 units on the block, et 18 cetera, et cetera. We lose these, lose housing 19 to HPD. Out of the 140,000, how many of them 20 are buildings that involve luxury apartments 21 versus the small landlords with the poorer 22 tenants? 23 SENATOR HANNON: I'm glad you 6503 1 asked that, because the answer is none, but if 2 you look at the bill where we have provisions 3 for hardship relief to try to implement 4 something that is genuine instead of the two 5 phony procedures that are currently in the 6 regulations of DHCR, we've tried to address 7 that. It's right here. It's been on the 8 floor. You know, you've been looking at the 9 bills on the floor. I'm sure you've read it. 10 SENATOR GOLD: So if I may, just 11 to clarify, Senator Stavisky. Senator Hannon, 12 so in other words you held hearings, you 13 determined 140,000 apartments are going to be 14 lost on the block, they'd be in HPD and your 15 answer is that, although none of them, none of 16 them are involved if we get luxury decontrol, we 17 are somehow making major efforts to take the 18 burdens of the poor and give it to the rich. 19 Senator, there's a huge gap in 20 this aisle, but I think the logic in your 21 argument is bigger than the Grand Canyon. 22 SENATOR HANNON: In response, 23 Senator Gold, a two-fold response. The first 6504 1 is, we have crafted a bill that is a 2 comprehensive approach to all of the problems. 3 The second, to answer you most directly, is that 4 luxury decontrol is an attempt also to get a lot 5 of what is now foregone assessment back onto the 6 tax rolls and, therefore, that will generate a 7 considerably greater amount of taxes, so that 8 the subsidy that all the taxpayers make to the 9 people who are enjoying these apartments and who 10 make an amount of money that they could 11 otherwise enjoy, will end in a subsidy and that 12 money can be used by the city of New York as it 13 well needs it, for a whole range of housing 14 programs that it has. 15 ACTING PRESIDENT LACK: Senator 16 Stavisky. 17 SENATOR STAVISKY: Mr. 18 President. 19 SENATOR ONORATO: Mr. President. 20 ACTING PRESIDENT LACK: Senator 21 Onorato, why do you rise? 22 SENATOR ONORATO: I was going to 23 ask if the Senator would yield to a question. 6505 1 SENATOR STAVISKY: I was about to 2 do that, Senator. 3 ACTING PRESIDENT LACK: Well, 4 Senator Onorato, Senator Stavisky's name was 5 next. I'll put you down afterwards. 6 Senator Stavisky. 7 SENATOR STAVISKY: Senator 8 Hannon, would you yield for a question, please? 9 ACTING PRESIDENT LACK: Senator 10 Hannon, will you yield? Yes, he will. 11 SENATOR STAVISKY: Senator 12 Hannon, let us for purposes of discussion, 13 although I'm not waiving or yielding on this 14 point at all, your objective is to eliminate a 15 free lunch for the wealthiest people and that's 16 why you want luxury decontrol. Is that the 17 assumption of your approach to luxury decontrol? 18 SENATOR HANNON: On wealth alone? 19 SENATOR STAVISKY: You want to 20 end the rent control and rent stabilization for 21 the wealthiest families, is that correct? 22 SENATOR HANNON: Yes, it's one 23 way. 6506 1 SENATOR STAVISKY: O.K. 2 SENATOR HANNON: There's lots of 3 other things attached to it, but - 4 SENATOR STAVISKY: O.K., Senator, 5 let me ask you hypothetically, if an apartment 6 is now vacated by a wealthy family that had 7 enjoyed the benefits of either rent control or 8 rent stabilization, now that apartment is vacant 9 and there are hundreds of thousands of people of 10 more moderate means who need affordable 11 housing. Is there anything in your bill, 12 Senator Hannon, that would put those apartments, 13 after the wealthy tenants are out, back under 14 some form of rational rent stabilization so that 15 a moderate -- moderate income family could now 16 live in that apartment; or are you simply 17 creating a domino effect that, for all time, 18 these apartments will no longer be available to 19 moderate income families? 20 SENATOR HANNON: You presuppose 21 that somehow the rent's going to go soaring up 22 and the apartment still remains available for 23 rent, and the question -- the question is - 6507 1 SENATOR STAVISKY: At what rent 2 level, Senator Hannon -- this is my question. 3 Have you created any effort to limit the size of 4 the rent increase on that apartment? 5 SENATOR HANNON: No. But let me 6 just tell you something: The city of New York, 7 when they came up here, came armed with the same 8 1991 housing vacancy survey that the census 9 department had done for them, that we have 10 available, and it points out that at rent levels 11 above the threshold that's in law for apartments 12 renting from about 650 and more, the rent level 13 is at 6 percent and soars, soars, to a 12 14 percent vacancy level at the rent level of 15 1500. So what you're saying, what -- according 16 to the original premise of these statutes, all 17 the apartments in that arena should not be any 18 longer controlled, because the original premise 19 says you have to have five percent or less in 20 order for there to be an emergency, and there's 21 not that five percent. 22 SENATOR STAVISKY: Senator 23 Hannon, you've answered my question. You are 6508 1 not at all concerned about affordable - 2 SENATOR HANNON: I didn't talk 3 about concerns; I talked about facts that are in 4 the bill. 5 SENATOR STAVISKY: You appear not 6 to be concerned about affordable housing for 7 hundreds of thousands of people who need 8 apartments, who could occupy those now 9 decontrolled apartments where the luxury family, 10 the wealthiest families, are no longer going to 11 stay. If you said to this chamber, yes, I want 12 the wealthy people who have had an unfair 13 benefit to leave those apartments so that we 14 create affordable housing, that's one argument. 15 But that's not the argument. 16 Yours is a landlord subsidy 17 bill. Yours is a wealthy landlord subsidy bill, 18 and you don't seem to give a damn about families 19 of more modest means who do need affordable 20 housing, who have been on waiting lists for 21 years, and their names may never have been 22 reached because there just aren't affordable 23 apartments in the city of New York, and that's 6509 1 the fallacy of your approach to a so-called 2 luxury decontrol. It's not luxury decontrol for 3 the benefit of most New Yorkers; it's luxury 4 decontrol for the benefit of the wealthiest 5 landlords. 6 SENATOR HANNON: I'm not only 7 amazed at your profanity, but I'm amazed at your 8 lack of logic. 9 First of all, you talked about 10 hundreds of thousands. The survey points out 11 that, at the level of income we've chosen in the 12 main bill, and it's even less in the chapter 13 amendment, that there's about 20,000 units that 14 are being occupied. 20,000 is a drop in the 15 bucket in terms of the affordable housing needs 16 of the city of New York. 17 I have also, as I've told you in 18 my remarks, hit upon the 140,000 units that are 19 completely at risk unless we reform the whole 20 hardship system, and it's not the 140,000 units 21 that are at risk, it's the tenants, because if 22 the system is taken over, any of those units are 23 taken over by the City in an in rem, they go out 6510 1 of the rent control system entirely, the City is 2 not bound, the City raises the rents and charges 3 and those tenants are put at risk. So your facts 4 and your logic simply aren't present. We've had 5 concerns, they go across the board, and what 6 we've tried to do is address them in each 7 instance. 8 ACTING PRESIDENT LACK: Senator 9 Onorato. 10 SENATOR ONORATO: Senator Hannon, 11 you raise some interesting points here. Are you 12 aware of any or can you tell me any luxury 13 apartment building that was built after 1974 14 that has defaulted on its taxes and are you 15 aware that houses built after 1974 received 16 partly through this legislative body and the 17 City Council J.51, where they received tax 18 abatements to build these luxury apartments 19 making -- getting over $2,000 a month rent; 20 they're tax subsidized and they then become 21 stabilized. They're getting rent increases. So 22 who are we assisting? You're still assisting 23 luxury landslords who need no assistance. How is 6511 1 this going to help the other tenants who do need 2 their assistance? We have a group of them up 3 here today literally fighting for their lives. 4 We have lobbyists coming up day in and day out 5 asking us to give them money. 6 Today we have a group of people 7 coming up here asking us to help save them from 8 their homes. They're not asking us for money. 9 They're asking us to give them a break and to do 10 the right thing. The luxury apartment owners 11 don't need the break that these people do 12 today. So tell me, how many luxury apartments 13 have folded since 1974? 14 SENATOR HANNON: Two points in 15 your question, I believe, and if I've skipped 16 any other points over, remind me, but in terms 17 of people have gotten tax breaks, the chapter 18 amendment that we made to the original bill 19 eliminates the ability of decontrol if the 20 building is getting a tax break under 421 or J. 21 51. 22 And second, when you talk about 23 who's getting the foreclosures, it's a little 6512 1 more difficult because the city HPD doesn't put 2 out an annual report, but in the report that we 3 all received from the Finance Department of New 4 York City for fiscal year 1993, I quote, on page 5 Roman Numeral small ii, "The growth in 6 delinquency has resulted in an increase in the 7 number of properties included in foreclosure 8 actions. In rem actions filed in each borough 9 during calendar '92 totaled 17,900 properties, a 10 24 percent increase over the previous year." 11 And in your borough, the number 12 of actions in Brooklyn more than doubled and 13 represented nearly half of the citywide 14 actions. 15 I don't have the specific 16 instances for the buildings, but every time 17 there's a foreclosure, there's tenants that are 18 put at risk, and they are the ones who are 19 ill-served by this system who subsidize the 20 wrong people. 21 ACTING PRESIDENT LACK: Senator 22 Leichter. 23 SENATOR LEICHTER: Mr. President, 6513 1 I want to ask Senator Hannon a question. 2 Let me first point out to you, 3 Senator Hannon, the 140,000 buildings that 4 you're talking about in most of those, the 5 landlords are charging less than the regulated 6 rent. And you know why? Because the landlord 7 cannot get the regulated rent, because regulated 8 rent is so high and because you can't get people 9 to live there. You really fail to understand 10 the issue. I just wanted to point that out, 11 because there's no -- because the explanation 12 that you're giving for your bill has really 13 absolutely nothing to do with your bill, which 14 is basically a political statement against rent 15 control, period, and a statement in favor as my 16 colleagues have correctly pointed out, wealthy 17 landlords. 18 But I want to ask you just as an 19 example of how I believe unworkable your bill 20 is, take your provision on the total annual. 21 ACTING PRESIDENT LACK: Excuse 22 me, Senator Leichter. 23 Senator DeFrancisco, why do you 6514 1 rise? 2 SENATOR DeFRANCISCO: Will you 3 yield for a question? 4 SENATOR LEICHTER: Yes. 5 ACTING PRESIDENT LACK: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: If all of 8 these luxury apartment landlords cannot get even 9 the subsidized rent, what harm would it be to 10 eliminate the control? 11 SENATOR LEICHTER: Senator, we're 12 not talking about the luxury apartments. He's 13 talking about -- he's talking about apartments, 14 the buildings that are going in rem, buildings 15 that are not -- do not have luxury rent. They 16 wouldn't be affected by this particular bill and 17 there just to point out that rent control is not 18 the cause of these buildings going in rem 19 because it is shown time and time again, has 20 been documented, it's probably right in that 21 report you have from the Community Service 22 Society, that the landlords in those buildings 23 that we're talking about, not luxury buildings, 6515 1 Senator DeFrancisco, but buildings that are in 2 usually deteriorated sections of the city, the 3 landlords are incapable of getting regulated 4 rents. The rent control has nothing to do with 5 these buildings going in rem. 6 SENATOR DeFRANCISCO: And you 7 weren't -- would you yield to another question? 8 So you didn't just say that those luxury 9 apartments the landlords cannot get even the 10 regulated rent? 11 SENATOR LEICHTER: Senator, I 12 don't mean to be disrespectful, but obviously 13 you weren't listening to what I was saying. 14 SENATOR DeFRANCISCO: Oh, then I 15 apologize. 16 SENATOR LEICHTER: Right. 17 SENATOR DeFRANCISCO: I must have 18 got tired of listening. 19 SENATOR LEICHTER: Yes, I'm sure 20 you did. 21 Senator Hannon, would you be so 22 good as to yield? 23 ACTING PRESIDENT LACK: Senator 6516 1 Hannon, Senator Leichter is requesting you to 2 yield. 3 Senator Leichter. 4 SENATOR LEICHTER: Just taking 5 your provision as to the income of $100,000 6 which triggers decontrol, is that correct; is 7 that the total annual income? 8 SENATOR HANNON: Under the main 9 bill, yes, and then in order to show our good 10 faith and our flexibility under the chapter 11 amendment which was reported out of Rules, 12 although there is not a message on it, it's 13 $200,000, but still has the same federal 14 adjusted gross income. 15 SENATOR LEICHTER: Well, Senator, 16 all I know is that we have this particular bill 17 in front of us. I haven't seen the chapter 18 amendment, but under this bill that we're now 19 debating, if you take a family with husband, 20 wife. Husband, let's say, is in Wall Street, he 21 earns $40,000, the wife earns $30,000; a child 22 comes out of college, lives with the family for 23 part of that year, he earns $20,000. Husband 6517 1 works in Wall Street, that year it's a good 2 year, he gets a $20,000 bonus at the end of the 3 year, their annual income for that particular 4 year now is $110,000. 5 The next year they go back to 6 what has been the pattern of income, the husband 7 40-, the wife 30-, the son moves out, there's no 8 bonus because Wall Street is not doing well. 9 Under your bill, am I correct that that family 10 loses the control rent or the control that 11 exists on their apartment? 12 SENATOR HANNON: Well, first of 13 all, the figures that we have show that the 14 overwhelming number of these households, 66 15 percent of them, in fact, are two-family, two 16 person households; 86 percent are three-person 17 households and 96 percent are no -- are four or 18 less. No wonder you're not hearing. 19 Excuse me. Somebody ask me a 20 question besides Senator Leichter? 21 ACTING PRESIDENT LACK: We have a 22 little order in the chamber. Extraneous remarks 23 are not necessarily appreciated. Senator Hannon 6518 1 is replying to Senator Leichter's question. 2 Senator Hannon. 3 SENATOR HANNON: Going to the 4 thrust of what you say is the problem, I would 5 say that family might have to do the same as the 6 other 17,850,000 people in this state have to do 7 who don't have rent control. That's what I 8 would have to say. They would have to go 9 according to the market. 10 SENATOR LEICHTER: Senator, thank 11 you. 12 I have -- I think you made -- I 13 think you make my point. My point really is how 14 unworkable this bill is because if you, under 15 this bill, consider that $100,000 is a 16 threshold, you can set it up in such a way that 17 a jump in income one particular year drives 18 those people out of their rent-controlled 19 apartment, and your answer is, Oh, tough, let 20 them do what the other 17 million people in the 21 state do. 22 Let me just point out, Senator, 23 the other 17 million people in the state don't 6519 1 have the situation that we have in the city of 2 New York and some other communities. Let me 3 also point out to you, Senator, because there's 4 a certain, I think, an arrogance, an arrogance 5 of, you know, we who pay our way and these 6 people are being subsidized, Senator. How about 7 all your constituents who live in one-family 8 homes and maybe yourself that get a nice fat 9 interest deduction, Senator? How about that 10 subsidy? If you want to take a look at subsidy, 11 you want to take a look at fairness, people who 12 make millions of dollars a year, whose house may 13 be worth hundreds of thousands of dollars who 14 get an interest deduction. Where is that 15 written in the U. S. Constitution or as part of 16 the Ten Commandments that that subsidy is 17 something that everyone is entitled to, but that 18 to protect people in a market where there is a 19 shortage of housing, to protect them from rent 20 gouging, that somehow is a subsidy and something 21 that should not be done? 22 Senator, if you want to look at 23 fairness, you want to wipe out subsidies, then I 6520 1 submit to you that, for your wealthy suburbans, 2 that we would find the many more subsidies than 3 there ever are for the people who live in urban 4 areas where there is a shortage of housing. 5 The fact is, Senator, that every 6 one until this particular Republican Majority in 7 June of 1993 ever since the World War II has 8 agreed that we need rent control and regulation 9 and protection for rent gouging in communities 10 of New York State, and even as recently as two 11 weeks ago, the mayor of the city of New York and 12 the Republican candidate for mayor came up here 13 and said, For God's sakes, don't do this in this 14 fashion; you're going to cause havoc. And here 15 we are 25 minutes to go and you're driving that 16 system into oblivion, and you're putting two 17 million tenants, residents of urban housing and 18 housing multiple dwellings throughout 19 communities in New York, at great risk. 20 What you're going to cause, 21 Senator, is chaos, utter chaos, because you've 22 put out a bill that is not well thought out, 23 that is not well written, that is not a fair 6521 1 bill, and you insisted on it, and where a - 2 with a stubbornness this Majority has insisted 3 you're going to discuss our bill. 4 You said, Well, the Speaker 5 wasn't willing. You knew we had this bill or 6 something like that. The fact is that it was 7 the Republicans in this house that refused to 8 sit down and discuss. You didn't have public 9 hearings throughout New York State on this 10 bill. You didn't give people an opportunity to 11 be heard. You didn't take it through your 12 committee. You surreptitiously, slyly took a 13 totally different bill and then amended it in 14 this fashion, and then a few days before rent 15 control was to expire you said, Hey, this is it, 16 you either go along with this or rent control is 17 going to expire, and it was only at the very 18 last minute with the Governor having to rush 19 into this chamber to sign a bill that we avoided 20 that catastrophe. And ever since then, you've 21 taken an obstinate, stubborn position; you've 22 refused to do this in a fashion that would make 23 sense, in a fashion that would allow the system 6522 1 to be continued for people who need it and to 2 have a system fashioned that would work. 3 Instead, you've insisted in 4 pushing ahead this bill that has absurdities, as 5 I just pointed out, absurdities, as Senator 6 Onorato pointed out, where you have landlords 7 who would receive millions in subsidies on their 8 written promise, their commitment that they 9 would control their rents, even though they 10 rented initially at market rents and, in fact, 11 one of the many prints that you had provided 12 that the 421-a apartments would continue subject 13 to the controls that the landlords had agreed 14 to. 15 SENATOR HANNON: Just as it's 16 done now. 17 SENATOR LEICHTER: In this 18 particular bill? 19 SENATOR HANNON: I'll find it for 20 you, I'll guarantee it. 21 ACTING PRESIDENT LACK: 22 Gentlemen, would you address your questions to 23 the Chair. 6523 1 SENATOR HANNON: Let me address 2 all of your questions at once. 3 SENATOR LEICHTER: Could you 4 because my understanding is that that's - 5 SENATOR HANNON: I'll have that 6 for you before the end, but we did amend, as I 7 said to Senator Onorato, so that those people 8 who get the 421 tax breaks on their buildings 9 are not subject to the decontrol provisions that 10 otherwise provided in here. 11 SENATOR LEICHTER: So that, 12 Senator, I - 13 SENATOR HANNON: But let me - 14 let me address the points that you have raised. 15 First of all, I am surprised that 16 a man of your principle and established 17 positions, that when you talk about the income 18 of the suburbs and all that, you haven't 19 realized that the group of people we seek to 20 remove from this system are spending a very 21 small percentage of their income on housing. 22 They're spending five and ten percent. The 23 average of our constituents throughout the 6524 1 state, and the rest of the tenants in New York 2 City, are spending about 25 percent of their 3 income, not because they want to, not because 4 they enjoy it, but that's the cost to them and, 5 in fact, what do we do with the Section 8 6 system? We require those individuals, poor 7 individuals, to spend 30 percent of their income 8 before we give them a Section 8 voucher, and yet 9 we're talking about five percent of your 10 income. 11 The one thing I can't understand, 12 Senator Leichter, is why you're defending this 13 so ferociously, because all of this, but I can't 14 understand why the rest of you from the city of 15 New York are doing so, because all the surveys 16 point out where the vast bulk of the apartments 17 that we would cover. Upper East Side, Upper 18 West Side, one or two in Central Park South, but 19 I'm telling you, it's -- this is a thing for the 20 borough of Manhattan. That's why Senator 21 Goodman has been fighting so ferociously on this 22 one. 23 And then finally, why don't I 6525 1 have hearings around the state? You know, I 2 don't know if any of your upstate members are 3 going to vote against this bill, but I know that 4 the surveys show that 99 percent of the people 5 upstate can't figure out why this system has 6 continued. So that's the answer, and I think by 7 now your counsel has pointed out where the tax 8 -- tax provisions, and I believe it's 14 (a), 9 on page 9. 10 SENATOR LEICHTER: Senator, 11 that's exactly what my counsel pointed out and 12 he reads it, and I read it, as not covering the 13 421-a buildings because it seems to say on line 14 45 that such units may be decontrolled pursuant 15 to the Luxury Decontrol Act of 1993, a misnomer 16 if there ever was one, so it seems to me clear 17 that you provide for the decontrol of these 18 units, but Senator, I find it interesting that 19 on such an important issue, you, the sponsor of 20 this bill seem to be somewhat uncertain. I 21 think that makes the point. 22 SENATOR HANNON: A bit 23 uncertain. If there's anything I'm uncertain 6526 1 about, I haven't figured it out yet. If there 2 is any trouble, you said to me - 3 ACTING PRESIDENT LACK: Senator 4 Hannon and Senator Leichter, please address your 5 remarks to the Chair. 6 SENATOR LEICHTER: Senator, I 7 concede that there are many things that you have 8 not yet figured out, and I think what you 9 haven't figured out, Senator, what the need for 10 control is. 11 You refer to the fact, well, this 12 is a Manhattan issue. Even if it were only a 13 Manhattan issue, Senator, we are part of the 14 state and our residents are also entitled to the 15 protection of the laws. But it's more than 16 Manhattan, Senator, and it's more than just New 17 York, but it happens to be extremely important 18 to 2 million people, Senator, and we can devise 19 a fair system. 20 What we're saying is, the way 21 you're proceeding and with that stubborn 22 insistence of derailing rent control which 23 really seems to be your intent, and focusing on 6527 1 helping wealthy landlords, that is not the way 2 that we're going to deal with housing problems 3 in this state and, Senator, we now have 18 4 minutes, and if the Majority continues and 5 insists on this path, in 18 minutes, we will 6 have lost all control from the state of New 7 York. 8 It would be a crime and a crime 9 that you and this Majority in this house will of 10 to take the responsibility for. 11 ACTING PRESIDENT LACK: Senator 12 Present. 13 SENATOR PRESENT: Mr. President, 14 may I call an immediate meeting of the Rules 15 Committee in Room 332. 16 ACTING PRESIDENT LACK: There 17 will be an immediate meeting of the Rules 18 Committee in 332. I would suggest that the 19 members of the Rules Committee make it 20 immediate. 21 Senator Gold. 22 SENATOR GOLD: I wonder what's 23 afoot? 6528 1 ACTING PRESIDENT LACK: Senator 2 Dollinger. 3 SENATOR DOLLINGER: Mr. 4 President, I have a couple questions for Senator 5 Hannon and - 6 ACTING PRESIDENT LACK: Senator 7 Hannon will take them. 8 Senator Dollinger, please excuse 9 the exodus; it's not because you're about to 10 speak. 11 SENATOR DOLLINGER: I just wonder 12 whether further discussion is necessary. We all 13 ought to go to the Rules Committee and figure 14 out what's happened. 15 ACTING PRESIDENT LACK: You can 16 yield the floor if you'd like. We're still in 17 session. 18 SENATOR DOLLINGER: Senator 19 Hannon, let me -- I just have a couple questions 20 for you. As I understand it, and I'm not from a 21 rent-controlled area, so let me make sure I 22 understand it. You conducted a study that said 23 there were 140,000 units in the city of New York 6529 1 that were in trouble; is that correct? 2 SENATOR HANNON: No, Mr. - 3 Senator Dollinger. 4 SENATOR DOLLINGER: I just wanted 5 to know what that number stood for. 6 SENATOR HANNON: The Community 7 Services Society, a fairly prestigious 8 not-for-profit group that has been in existence 9 for many, many years, earlier this year issued a 10 report called Housing on the Block, subtitled 11 Disinvestment and Abandonment Risks in New York 12 City Neighborhoods, and they pointed out that 13 for a number of factors, 140,000 units -- that's 14 not 140,000 buildings, by the way, Senator 15 Leichter. 16 SENATOR DOLLINGER: 140,000 17 units. 18 SENATOR HANNON: Units are at 19 risk of being taken off the tax rolls, being 20 taken at what they call in rem, Latin for the 21 thing, so there would be a legal proceeding only 22 against the building as opposed to a legal 23 proceeding against the owner, and it was their 6530 1 report - 2 SENATOR DOLLINGER: Right. 3 SENATOR HANNON: -- that set it 4 at 140,000, and that, to that problem, I had 5 said the hardship provisions of the bill apply 6 because we're trying to deal with both high 7 income problems that we have here, we've already 8 talked about, and these lower income buildings 9 that we're talking about in the hardship 10 provisions. 11 SENATOR DOLLINGER: O.K. And, Mr. 12 President, through you, I thought that your 13 response to Senator Gold was that none of those 14 would be included in luxury decontrol. So this 15 bill doesn't really deal with that 140,000-unit 16 problem, does it? 17 SENATOR HANNON: The provisions 18 of this bill which deal with it specifically are 19 the hardship provisions that are contained in 20 this bill. Those are provisions that would 21 allow the landlords of these buildings or the 22 owners to say that they are not getting enough 23 money to even cover the operating costs and the 6531 1 operating costs primarily in this case would be 2 your utilities, oil and water, electricity, 3 along with your taxes and then whatever 4 maintenance has to go along with it; so they're 5 not making that money, and they would be able to 6 raise the rents in order to keep that -- in 7 order to keep that building afloat. 8 SENATOR DOLLINGER: What I do - 9 SENATOR HANNON: That's the 10 primer and that provision is addressed in the 11 latter several sections of the bill. 12 SENATOR DOLLINGER: O.K. What I 13 don't understand, Senator - 14 SENATOR HANNON: So if you 15 continue to not understand, I'm telling you that 16 there are specific clauses in this bill to deal 17 with this problem. 18 SENATOR DOLLINGER: So what I 19 don't understand, Mr. President, and I apologize 20 for not being clear due to my unfamiliarity with 21 rent control, are you saying you have luxury 22 decontrol for luxury units, but then you have a 23 separate category that are not under luxury 6532 1 decontrol, and you would have a separate group 2 that is hardship decontrol; is that correct? 3 SENATOR HANNON: That's correct. 4 SENATOR DOLLINGER: So you would 5 have a hardship decontrol. 6 SENATOR HANNON: I said nothing 7 about hardship decontrol whatsoever. It's a 8 hardship to keep these buildings on their feet, 9 keep them intact, and let me tell you the down 10 side of that. If these buildings are taken over, 11 they're taken over by the city of New York, 12 they're removed from the rent control system. 13 I'm trying to keep them in 14 reality in that system. The reason I don't want 15 to take them out is that we had a large, large 16 number removed at the end of the decade in the 17 '70s. It was proven that the City simply 18 cannot handle it. It's not good at being a 19 direct landlord. 20 This is the City, by the way, and 21 not the Public Housing Authority, and those 22 units - 23 SENATOR DOLLINGER: O.K. 6533 1 SENATOR HANNON: -- have been 2 terrible for the tenants, terrible services for 3 the tenants, and the biggest irony is, once the 4 City takes over, the City raises the rents, so 5 that's what the other provisions of the bill are 6 designed to do and, no, it does not take those 7 small buildings out of the system. It tries to 8 make the system work. 9 SENATOR DOLLINGER: O.K. Again 10 through you, Mr. President, just so I understand 11 it, then people who are tenants who don't make 12 more than $100,000 under your bill may still 13 find themselves subject to either loss of 14 stabilization or loss of control if they're in a 15 hardship case. 16 SENATOR HANNON: Your conclusion 17 is not correct. Your conclusion is not 18 correct. They don't find themselves subject to 19 decontrol whatsoever. 20 SENATOR DOLLINGER: They'd simply 21 find themselves subject to increases in the 22 rent? 23 SENATOR HANNON: They might have 6534 1 an increase in their rent, but at least they 2 would have better services because the proven 3 alternative is that they would get those 4 increases anyway if the City takes them over. 5 SENATOR DOLLINGER: O.K. You 6 know, I'm not sure I fully understand that 7 unless you give me time to digest it. One of 8 the things I will want to follow up on, Senator 9 Hannon, if I could, is the point that Senator 10 Markowitz made about opening the books up of the 11 landlord. 12 One of the things we've talked 13 about here is the wealth, that is wealth of 14 tenants, wealth of landlords. In the hearings 15 that you held, did you examine the books of any 16 of the landlords who are members of the real 17 estate board PAC or the Rent Stabilization 18 Association or the Neighborhood Preservation, 19 their political funds; did you have occasion to 20 look at any of those? 21 ACTING PRESIDENT LACK: Excuse 22 me, Senator Dollinger. The stenographer is 23 indicating that she can't take the transcript of 6535 1 these proceedings with the comments that are 2 going on on the floor. 3 Now, Senator Dollinger, with 4 apologies, I realize the Rules Committee members 5 are returning to the floor, so members of the 6 Rules Committee, come into the chamber, please 7 bear in mind that we are in session, and Senator 8 Dollinger does have the floor. 9 Senator Dollinger. 10 SENATOR DOLLINGER: Senator, 11 could you respond to that question? 12 SENATOR HANNON: Your question 13 is, did we look at any of those books? No, we 14 didn't, but the city of New York has had the 15 ability to do that for many years in regard to 16 the provisions under the tax proceedings 17 concerning income and expenses of all those 18 landlords. So those are a matter of record 19 already. 20 SENATOR DOLLINGER: But, Mr. 21 President, my understanding is that the 22 committee, in formulating this bill, has not 23 looked at this information, is that correct? 6536 1 SENATOR HANNON: Yes. 2 SENATOR DOLLINGER: So is it fair 3 to say through you, Mr. President, that the 4 committee is proposing this bill to decontrol on 5 the basis of wealth of the tenant but doesn't 6 know how wealthy the landlord is who actually is 7 the guy receiving the money from the tenants, 8 accumulating the money from the tenants, who 9 pays the expenses and maintains the property, is 10 that correct? 11 SENATOR HANNON: We didn't look 12 at the records as you suggest nor did we look 13 specifically at all of the books from the survey 14 Senator Connor did, nor did we look at the 15 underlying documents that came in from the City 16 Finance Department nor did we look at the 17 underlying documents that we've accepted from 18 the HPD, nor did we look at the underlying 19 documents that came in from the New York State 20 Division of Housing and Community Renewal. 21 What we did is, we took in 22 statistics from reports that we had. I think 23 what we did is, we had a fairly good indication 6537 1 of what are the facts. We looked at all the 2 information, voluminous studies that the rent 3 guidelines board had provided us from the city 4 of New York. 5 I would think that, if your 6 answer to the question is, do we have 7 information available, do we have statistics, do 8 we have numbers, the answer is yes. 9 ACTING PRESIDENT LACK: Excuse 10 me, Senator Hannon. Would the members, 11 Senators, please take your seats. The Senate is 12 in session. 13 SENATOR DALY: Mr. President. 14 ACTING PRESIDENT LACK: Senator 15 Daly. 16 SENATOR DALY: Senator Dollinger 17 yield to a question? 18 ACTING PRESIDENT LACK: Have you 19 finished? I understand that. Senator Present. 20 SENATOR PRESENT: Mr. President, 21 may we interrupt this proceeding right now. 22 SENATOR DOLLINGER: Mr. 23 President, I will yield the floor to Senator 6538 1 Present. 2 ACTING PRESIDENT LACK: Senator 3 Present. 4 SENATOR PRESENT: May we 5 interrupt and receive a report from a standing 6 committee. 7 ACTING PRESIDENT LACK: We'll lay 8 this bill aside. The Secretary will please read 9 the report of the Committee on Rules. 10 THE SECRETARY: Senator Marino, 11 from the Committee on Rules, reports the 12 following bill directly for third reading: 13 Senate Bill Number 6108, by the 14 Senate Committee on Rules, an act to amend 15 Chapter 576 of the Laws of 1974, amending the 16 Emergency Housing Rent Control Law, relating to 17 the control of and stabilization of rent in 18 certain cases. 19 ACTING PRESIDENT LACK: Without 20 objection, directly to third reading. 21 SENATOR PRESENT: Mr. President, 22 can we have a vote on this bill at this time? 23 SENATOR GOLD: Is there an 6539 1 Assembly substitution? 2 ACTING PRESIDENT LACK: I'm 3 sorry. Senator Present. 4 SENATOR PRESENT: Do you have a 5 message on this bill? 6 ACTING PRESIDENT LACK: We have a 7 message. Senator Present, we are receiving one 8 momentarily. We are also waiting for the 9 Assembly bill so we may sub, which I believe is 10 about to arrive. 11 SENATOR PRESENT: Fine. 12 Mr. President. 13 ACTING PRESIDENT LACK: Senator 14 Present. 15 SENATOR PRESENT: Let me announce 16 that we're going to continue the debate on the 17 bill that was on the floor and take the vote 18 following the vote on this bill. 19 SENATOR CONNOR: Oh, good. 20 ACTING PRESIDENT LACK: Fine, 21 Senator. 22 SENATOR GOODMAN: Mr. President. 23 ACTING PRESIDENT LACK: Senator 6540 1 Goodman. 2 SENATOR GOODMAN: May I ask, is 3 the bill which we are awaiting already at the 4 desk? 5 ACTING PRESIDENT LACK: We're 6 waiting for the Assembly bill so that we may sub 7 it. 8 SENATOR GOODMAN: Is the Assembly 9 bill on its way? 10 ACTING PRESIDENT LACK: It is not 11 yet. 12 SENATOR GOODMAN: It is not yet. 13 Well, has an inquiry been made whether it's on 14 its way? 15 ACTING PRESIDENT LACK: An 16 inquiry has been made. The message is here. 17 We're waiting for the Assembly bill to sub. 18 SENATOR GOODMAN: Thank you, Mr. 19 President. 20 ACTING PRESIDENT LACK: Senate 21 will come to order. Secretary will read a 22 substitution. 23 THE SECRETARY: Senator Marino 6541 1 moves to discharge the Committee on Rules from 2 Assembly Bill Number 8759 and substitute it for 3 the identical Senate Bill 6108. 4 ACTING PRESIDENT LACK: 5 Substitution ordered. 6 There is a message from the 7 Governor. On Senator Present's motion to accept 8 the message, all in favor aye. 9 (Response of "Aye.") 10 Contrary, nay. 11 (There was no response. ) 12 The message is accepted. 13 Last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LACK: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT LACK: The bill 21 is passed. 22 SENATOR GOLD: Is the Governor 23 anywhere around? 6542 1 ACTING PRESIDENT LACK: The 2 Senate will please come to order. We are still 3 in session. 4 Senator Present. 5 SENATOR PRESENT: Mr. President, 6 we'll return to Calendar 870, please. 7 ACTING PRESIDENT LACK: Secretary 8 will once again read the title of Senate 870. 9 THE SECRETARY: Senate Bill 870, 10 by Senator Hannon, Senate Bill Number 4900-B, a 11 bill to amend the Emergency Rent Control Law. 12 ACTING PRESIDENT LACK: When we 13 last left, Senator Dollinger had the floor. 14 SENATOR GOLD: Mr. President, may 15 I just ask one question: When did the debate 16 start on this bill? 17 ACTING PRESIDENT LACK: The 18 debate started at 9:58. 19 Senator Dollinger. 20 SENATOR DOLLINGER: It's going to 21 come back, isn't it? 22 SENATOR GOLD: They want a vote 23 on this piece of trash. 6543 1 ACTING PRESIDENT LACK: Well, 2 before Senator Dollinger speaks, I'll tell you I 3 currently have a list; there's Senator 4 Dollinger, Senator Halperin and Senator Gold, 5 and debate started at 9:58 with about a five- or 6 six-minute interruption. 7 Senator Daly. 8 SENATOR DALY: I would ask if 9 Senator Dollinger would yield. 10 ACTING PRESIDENT LACK: Senator 11 Dollinger, would you yield to a question by 12 Senator Daly? 13 SENATOR DOLLINGER: I'll yield. 14 That's fine. 15 SENATOR DALY: I'm sorry. 16 ACTING PRESIDENT LACK: Senator 17 Dollinger? 18 SENATOR DOLLINGER: I will 19 yield. 20 ACTING PRESIDENT LACK: Senator 21 Daly. 22 SENATOR DALY: You raised the 23 point before, you were discussing with Senator 6544 1 Hannon about the hardship applications, is that 2 correct? 3 SENATOR DOLLINGER: Mr. 4 President, I can barely hear Senator Daly. 5 ACTING PRESIDENT LACK: Senator 6 Daly, Senator Dollinger, Senator Waldon, thank 7 you. Sergeant-of-Arms, please clear the back of 8 the chamber. Will the members please take their 9 seats. 10 SENATOR DALY: Senator Dollinger, 11 you were questioning Senator Hannon and showed 12 great interest in the hardship application 13 section of the bill. Can you tell me how many 14 hardship applications have been approved since 15 the hardship program went into effect in 199 - 16 1984? 17 SENATOR DOLLINGER: I -- Mr. 18 President, the answer to that is I don't have 19 the faintest idea. 20 SENATOR DALY: Would you believe, 21 Senator, that small owners -- would you believe, 22 Senator, that among small owners, none, zero; 23 one with a larger owner and in nine years. Now, 6545 1 Senator, would you agree that, if you have a 2 hardship program like that, the hardship program 3 that, in effect, for nine years ends up with 4 only -- with no application being approved, that 5 something's wrong with the law or the 6 administration of the law? 7 SENATOR DOLLINGER: Mr. 8 President, Mr. President, my shorthand answer to 9 that is that's the kind of debate I'd hope the 10 Housing Committee would have had on this bill 11 long before it got to the floor of this chamber, 12 and my disappointment is as I expressed when we 13 talked about the motion to recommit when I voted 14 to recommit the bill, it was my hope that that 15 kind of analysis as to the extent that those 16 figures are correct and may well be, Senator 17 Daly, I'm not going to argue with the figures, I 18 don't have them, but I had hoped that that kind 19 of debate about the merits of the hardship 20 program would have occurred in the Housing 21 Committee where this bill belonged, where it 22 should have been debated, and where it should 23 have been the subject of discussion. 6546 1 Instead, here we are on the floor 2 with you offering numbers that I'm not familiar 3 with; I haven't seen the data. 4 ACTING PRESIDENT LACK: Excuse 5 me, Senator Dollinger. Senator Hannon, why do 6 you rise? Senator Hannon. 7 SENATOR HANNON: Senator 8 Dollinger has raised three times in a row about 9 whether things were brought up in committee or 10 not. The point is, they were brought up when we 11 did the Bruno bill, and they were brought up 12 when we did our hearings, so the things he's 13 asking about happened. 14 ACTING PRESIDENT LACK: Senator 15 Onorato, wait a minute. 16 Would the Senators just take 17 their seats for a moment. Senator Onorato, 18 Senator Daly, Senator Dollinger. The 19 Sergeant-at-Arms in the back of the chamber, I 20 want the rear of the chamber to be seated or 21 take conversations outside. The stenographer is 22 indicating that she may not take down the 23 proceedings of the Senate. If she can not take 6547 1 down the proceedings of the Senate, we may not 2 proceed, so we will have some order and decorum 3 in the chamber. 4 Senator Onorato stood up on a 5 point of order; he may continue. One moment, 6 Senator Onorato. One moment. One moment, 7 Senator. The rear of the chamber, please clear 8 itself now. 9 Senator Onorato. 10 SENATOR ONORATO: In all the 11 confusion that's been taking place here this 12 evening, you can't hear one another talk, it 13 appears we just passed a bill under an emergency 14 circumstance. Would someone please tell me what 15 I just voted on? I'd like to know what we voted 16 on. 17 ACTING PRESIDENT LACK: Senator 18 Onorato, you voted on an extender of the current 19 rent control laws a moment ago. 20 SENATOR HALPERIN: Mr. 21 President. 22 SENATOR HANNON: Mr. President, I 23 want to answer. Mr. President. 6548 1 ACTING PRESIDENT LACK: Senator 2 Halperin, why do you rise? 3 SENATOR HALPERIN: I just wish to 4 advise Senator Onorato that you voted on an 5 omnibus 24-hour extender bill which extended the 6 rent control laws, the medical liability law and 7 the Banking Law. 8 ACTING PRESIDENT LACK: Senator 9 Daly, you were asking a question of Senator 10 Dollinger. 11 SENATOR DALY: I have one more 12 question of Senator Dollinger. 13 ACTING PRESIDENT LACK: Senator 14 Dollinger? 15 SENATOR DOLLINGER: Yes. 16 ACTING PRESIDENT LACK: He will 17 yield. Senator Daly. 18 SENATOR DALY: Senator Dollinger, 19 you were -- the second point you were raising 20 with Senator Hannon was the point about opening 21 the books and you sounded sympathetic to it. Do 22 you think all of the landlords of upstate New 23 York, including those of Monroe County which you 6549 1 represent, should be forced to open their books? 2 SENATOR DOLLINGER: For what 3 purpose, Mr. President? Is there a purpose that 4 they should be opening them, or opening it? 5 SENATOR DALY: I asked the 6 question, Senator. May I repeat the question of 7 the Senator, Mr. President? 8 ACTING PRESIDENT LACK: Senator 9 Daly. 10 SENATOR DALY: Senator Dollinger 11 showed great sympathy to the landlords in New 12 York City being required to open their books and 13 was questioning Senator Hannon on it, and I was 14 just asking Senator Dollinger is he saying that 15 landlords in New York should be forced to open 16 their books while upstate landlords are not, or 17 is he saying that people who own property 18 throughout New York State should all be forced 19 to open their books? 20 I don't think that's a 21 complicated question. 22 SENATOR DOLLINGER: It isn't a 23 complicated question, Mr. President. Let me 6550 1 give Senator Daly the answer. The answer is 2 very simple. What I've heard Senator Hannon 3 say, and others in this chamber say, is that the 4 area of wealthy decontrol, there is a problem 5 because someone isn't making enough money off 6 the property, off the wealthy apartment 7 dwellers. There's a problem because there isn't 8 enough wealth being generated. 9 My question to Senator Hannon, 10 which is the source, I think, of Senator Daly's 11 question was, if the claim is that they're not 12 making enough of a return on investment that 13 they need decontrol or destabilization to 14 increase their rate of return, then the question 15 becomes how do we know that they're not making 16 sufficient return on the buildings that they 17 own. What I asked was simply whether or not the 18 Housing Committee had, in order to justify the 19 claim by the landlords that they weren't making 20 a sufficient return, whether they had asked the 21 property owners to produce their tax returns to 22 verify their return on the buildings and, 23 therefore, substantiate their claim that they're 6551 1 not making enough money when instead the 2 approach seems to be to go to the tenant 3 instead, say to the tenant we're now going to 4 try to find out whether you're wealthy or 5 whether you're, you know, in luxury status, so 6 we want to ask you to divulge your tax returns 7 instead. 8 My question was directed, Mr. 9 President, at simply the issue of trying to 10 determine whether or not the claim by the 11 landlords that they weren't making sufficient 12 return had any objective basis based on the 13 committee's investigation. That's why I had 14 asked the question. 15 SENATOR DALY: Well, will the 16 Senator yield for one more question? 17 ACTING PRESIDENT LACK: Excuse me 18 again. Please -- just please. Senators, please 19 give your attention to the debate that's on the 20 floor. Senator Daly. 21 SENATOR DALY: Yes, Mr. 22 President. 23 SENATOR DOLLINGER: Mr. 6552 1 President. 2 SENATOR DALY: One question. 3 SENATOR DOLLINGER: I was asking 4 Senator Hannon to yield. 5 ACTING PRESIDENT LACK: Senator 6 Dollinger, you're not yielding. 7 SENATOR DOLLINGER: No, I will 8 not yield. I would like to continue to ask 9 Senator Hannon a question. 10 SENATOR PRESENT: Who has the 11 floor? 12 ACTING PRESIDENT LACK: You have 13 the floor to ask a question. He will not yield; 14 Senator Dollinger has the floor. 15 Senator Dollinger. 16 SENATOR DOLLINGER: Again through 17 you, Mr. President, to Senator Hannon. 18 ACTING PRESIDENT LACK: Senator 19 Hannon, will you yield to Senator Dollinger? 20 SENATOR DOLLINGER: Senator 21 Hannon, I understand there was no examination of 22 the books and records of the rent stabilization 23 committee, the real estate committee PAC or the 6553 1 -- none of those committees produced their 2 records to show how much money they had made on 3 the apartment buildings that they held in the 4 city of New York, is that correct? 5 SENATOR HANNON: What is the 6 point of your question? 7 SENATOR DOLLINGER: Excuse me, 8 Mr. President. I didn't hear the answer. 9 SENATOR HANNON: I said, what is 10 the point of your question? 11 SENATOR DOLLINGER: Do I have to 12 justify the point of my question? 13 SENATOR HANNON: Senator 14 Dollinger, is your question then to lead to the 15 point why are we asking people who are subject 16 to luxury decontrol to open their books because 17 we're not asking the owners, because then you 18 haven't read the provision on the income 19 verification. 20 We're not asking anybody to open 21 their books under this bill, besides what I told 22 you. The people that you want to open their 23 books are doing so. They're opening their books 6554 1 to the city of New York. They're opening their 2 books to the Rent Guidelines Board. It would be 3 superfluous if he had to do that, but we have 4 looked at the statistics, the reports from the 5 two entities. 6 SENATOR DOLLINGER: I guess that 7 makes the point, Mr. Chairman, Mr. President. 8 I'd just like to address the bill. 9 ACTING PRESIDENT LACK: On the 10 bill, Senator Dollinger. 11 SENATOR DOLLINGER: It seems to 12 me there's been a lot of discussion tonight on 13 the concept of wealth, when you've got wealth 14 and when you don't have wealth. I'd just 15 suggest that it doesn't appear as though the 16 landlords in New York City have an absence of 17 wealth. After all, they were able to donate 18 about $335,000 to the Republican Party last 19 year, of which about $222,000 went to the 20 Republican Senate Campaign Committee, and I 21 submit to you gentlemen that this is really all 22 about politics. This is all about tinkering 23 with the system that generates wealth, wealth 6555 1 for certain tenants who may live for less than 2 the landlord makes, wealth for a landlord who 3 may not be making the income that he thinks he 4 deserves. 5 SENATOR DALY: Would the Senator 6 yield? 7 SENATOR DOLLINGER: No, I will 8 not, Mr. President. And what this debate has 9 been about all today is how the transfer of 10 wealth in the political process occurs. 11 SENATOR PADAVAN: Mr. President. 12 ACTING PRESIDENT LACK: Excuse 13 me, Senator Dollinger. Senator Padavan. 14 SENATOR PADAVAN: Just point out 15 that we are approaching two hours and ten 16 minutes on the debate, and while there would be 17 no intent on my part to restrict any Senator 18 from making a remark that's pertinent, we're 19 well into the morning, and we have a long day 20 tomorrow and, for that reason, I would urge 21 those who wish to speak, to do so briefly and in 22 ten minutes I will rise and call upon you again 23 to enforce the two-hour limit. 6556 1 ACTING PRESIDENT LACK: There are 2 two more - 3 SENATOR GOLD: I'm joining in the 4 request. 5 ACTING PRESIDENT LACK: Senator 6 Halperin is the only Senator after Senator 7 Dollinger. Wait a minute, Senator Halperin. 8 Senator Dollinger has not yielded the floor. 9 SENATOR DOLLINGER: Mr. 10 President, I'll be very brief; just one more 11 minute. What happened in this case that the 12 landlords in New York City gave the Republican 13 Party a substantial amount of campaign 14 contributions, and you know something. I didn't 15 even know what the Rent Stabilization 16 Association PAC was until $5,000 of its money 17 showed up in Monroe County for one of my 18 opponents running in a race against me, and what 19 this is very simply, gentlemen, is it's the 20 political process repaying the political debt. 21 You might as well put a sign 22 outside the chamber that says "political power" 23 with that classic real estate slogan "for 6557 1 sale". 2 ACTING PRESIDENT LACK: Last 3 section. 4 SENATOR GOLD: Last section. 5 Slow roll call. 6 THE SECRETARY: Section 34. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LACK: Slow roll 9 call has been requested. Secretary will please 10 ring the bells and call the roll slowly. 11 Senators are asked to return to 12 the chamber. The hour is late. Let's complete 13 this roll call as soon as possible. Secretary 14 will call the roll. 15 THE SECRETARY: Senator Babbush 16 excused. 17 Senator Bruno. Senator Bruno. 18 SENATOR BRUNO: Yes, Mr. 19 President, to explain my vote. 20 ACTING PRESIDENT LACK: Senator 21 Bruno. 22 SENATOR BRUNO: We have had some 23 exchanges here this evening which have sometimes 6558 1 been pleasant, sometimes unpleasant, but we have 2 presently resolved the situation that gives some 3 comfort to people that could potentially be 4 uncomfortable, and I want to just restate that 5 our intent, my intent or our intent, I think 6 others that relate to this position are aimed 7 directly at luxury apartments. 8 The 2 million people in 9 rent-controlled apartments are not what is at 10 issue here, and listening to some very emotional 11 remarks which are less emotional since we have a 12 couple hundred people less in the chamber, but 13 we're not dealing with the 2 million people that 14 live in rent control; we're dealing with a few 15 thousand that take advantage of the system, and 16 I hope as we go on over these next 24 hours, we 17 bear that in mind, Senators. It's those few 18 thousand people, some of them in this chamber 19 that are enjoying the privilege of luxury 20 apartments that are controlled unnecessarily. 21 So I vote yes. 22 ACTING PRESIDENT LACK: Senator 23 Bruno in the affirmative. Continue the roll 6559 1 call. 2 THE SECRETARY: Senator Connor. 3 SENATOR CONNOR: No. 4 THE SECRETARY: Senator Cook. 5 SENATOR COOK: Yes. 6 THE SECRETARY: Senator Daly. 7 SENATOR DALY: Yes. 8 THE SECRETARY: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: No. 11 THE SECRETARY: Senator 12 Dollinger. 13 SENATOR DOLLINGER: No. 14 THE SECRETARY: Senator Espada. 15 SENATOR ESPADA: No. 16 THE SECRETARY: Senator Farley. 17 SENATOR FARLEY: I vote aye. 18 THE SECRETARY: Senator Galiber. 19 (There was no response. ) 20 Senator Galiber, how do you vote? 21 SENATOR GALIBER: No. 22 THE SECRETARY: No. Senator 23 Gold. 6560 1 SENATOR GOLD: No. 2 THE SECRETARY: Senator 3 Gonzalez. 4 SENATOR GONZALEZ: No. 5 THE SECRETARY: Senator Goodman. 6 SENATOR GOODMAN: No. 7 THE SECRETARY: Senator 8 Halperin. 9 SENATOR HALPERIN: No. 10 THE SECRETARY: Senator Hannon. 11 SENATOR HANNON: Yes. 12 THE SECRETARY: Senator 13 Hoffmann. 14 (There was no response. ) 15 Senator Holland. 16 SENATOR HOLLAND: Yes. 17 THE SECRETARY: Senator Johnson. 18 SENATOR JOHNSON: Mr. President, 19 to explain my vote. 20 Mr. President, I've listened and 21 been interested in the debate. I haven't had 22 the opportunity to participate in it because 23 others have monopolized the discussion, but 6561 1 suffice it to say that the other side has tried 2 to make some sort of an argument that wealthy 3 people deserve to be subsidized by the rest of 4 the people in the city and the state of New 5 York. They have obviously failed miserably in 6 that argument. It's not a justifiable 7 proposition, and I vote aye. 8 ACTING PRESIDENT LACK: Senator 9 Johnson in the affirmative. Continue the roll 10 call. 11 THE SECRETARY: Senator Jones. 12 (There was no response. ) 13 Senator Kuhl. 14 SENATOR KUHL: Aye. 15 THE SECRETARY: Senator Lack. 16 SENATOR LACK: Yes. 17 THE SECRETARY: Senator Larkin. 18 SENATOR LARKIN: Aye. 19 THE SECRETARY: Senator LaValle. 20 SENATOR LAVALLE: Aye. 21 THE SECRETARY: Senator 22 Leichter. 23 SENATOR LEICHTER: No. 6562 1 THE SECRETARY: Senator Levy. 2 SENATOR LEVY: Aye. 3 THE SECRETARY: Senator Libous. 4 SENATOR LIBOUS: Aye. 5 THE SECRETARY: Senator Maltese. 6 SENATOR MALTESE: Aye. 7 THE SECRETARY: Senator Marchi. 8 SENATOR MARCHI: Aye. 9 THE SECRETARY: Senator Marino. 10 (Affirmative indication. ) 11 THE SECRETARY: Aye. 12 Senator Markowitz. 13 SENATOR MARKOWITZ: Explain my 14 vote. 15 ACTING PRESIDENT LACK: Senator 16 Markowitz. 17 SENATOR MARKOWITZ: My 18 colleagues, especially Republicans obviously, 19 the public officials of New York City, every one 20 of them, including one "wannabe", all from your 21 party, I should say, have indicated they want to 22 see the current rent laws renewed as is. 23 Senator Hannon, you mentioned 6563 1 something before which struck me. I don't know 2 if anybody heard it the way I heard it. You 3 said that, as rents are up, the higher rent 4 levels, the vacancy levels are higher. This is 5 what you said, that as the rents are up, the 6 higher the rent, the greater the vacancy. This 7 is what you said during your presentation a 8 moment ago, according to the reports. 9 Now, are you arguing to my mind 10 that decontrolling luxury apartments would fill 11 those apartments quicker by making the landlord 12 be able to charge even greater rents thereby 13 causing greater vacancies and less income in 14 those buildings? 15 So, if you think about your own 16 arguments, and I can say it easily again, you 17 realize that you're going on treacherous 18 grounds. You know it's not that I'm really 19 overly concerned with the tenant that's making 20 200- or 250,000, but I have a healthy fear of 21 government. 22 I've learnt something, being here 23 for 14, 15 years, and being a citizen of our 6564 1 city and state for a number of years beyond 2 that. If you take -- give them the finger, they 3 take the hand and the arm, then the body. If we 4 start off with an income of $100,000 this year, 5 next year it's 75,000, next year the rent 6 decontrol goes from 2,000 rental to 500 or 600 7 rentals. 8 Senator Hannon, we have to stop 9 it before it even begins. I vote no. 10 ACTING PRESIDENT LACK: Senator 11 Markowitz in the negative. We are in a roll 12 call, please. Continue the roll call. 13 THE SECRETARY: Senator 14 Masiello. 15 SENATOR MASIELLO: No. 16 THE SECRETARY: Senator Mega. 17 (There was no audible response. ) 18 THE SECRETARY: Senator Mendez. 19 SENATOR MENDEZ: No. 20 THE SECRETARY: Senator 21 Montgomery. 22 (There was no response. 23 Senator Nolan. 6565 1 (There was no response. ) 2 Senator Nozzolio. 3 SENATOR NOZZOLIO: Aye. 4 THE SECRETARY: Senator 5 Ohrenstein. 6 SENATOR OHRENSTEIN: No. 7 THE SECRETARY: Senator Onorato. 8 SENATOR ONORATO: To explain my 9 vote, Mr. President. 10 ACTING PRESIDENT LACK: Senator 11 Onorato. 12 SENATOR ONORATO: I'm really 13 amazed. I think I've been up here for ten years 14 and the system here continually amazes me. In 15 the period of three minutes while we're debating 16 a bill to extend rent control and stabilization, 17 decontrol luxury apartments, in three minutes 18 time we extended deregulation for the banks, for 19 medical malpractice and for the rent 20 stabilization and rent control. 21 Can you imagine what we can do if 22 we were to lock up the leadership for 24 23 straight hours, what kind of a bill we can get 6566 1 out here, and if I'd been given an opportunity 2 to participate in such a debate, I would be very 3 happy to volunteer my services. So under those 4 circumstances, I vote no. 5 ACTING PRESIDENT LACK: Senator 6 Onorato in the negative. Continue the roll 7 call. 8 THE SECRETARY: Senator 9 Oppenheimer. 10 (There was no response. ) 11 Senator Padavan. 12 SENATOR PADAVAN: No. 13 THE SECRETARY: Senator Pataki. 14 SENATOR PATAKI: Yes. 15 THE SECRETARY: Senator 16 Paterson. 17 (There was no response. ) 18 Senator Present. 19 SENATOR PRESENT: Aye. 20 THE SECRETARY: Senator Saland. 21 SENATOR SALAND: Yes. 22 THE SECRETARY: Senator 23 Santiago. 6567 1 SENATOR SANTIAGO: No. 2 THE SECRETARY: Senator Sears. 3 SENATOR SEARS: Yes. 4 THE SECRETARY: Senator Seward. 5 (There was no audible response. ) 6 Senator Sheffer. 7 SENATOR SHEFFER: Yes. 8 THE SECRETARY: Senator Skelos. 9 SENATOR SKELOS: Yes. 10 THE SECRETARY: Senator Smith. 11 SENATOR SMITH: No. 12 THE SECRETARY: Senator Solomon. 13 SENATOR SOLOMON: Mr. President, 14 to explain my vote. 15 ACTING PRESIDENT LACK: Senator 16 Solomon. 17 SENATOR SOLOMON: Unfortunately, 18 since the debate on the bill itself included 19 debate on a motion where I didn't have time to 20 ask one particular question, I'll ask it 21 rhetorically. I just wonder if there was an 22 inflation factor in this bill, or is $100,000 if 23 we adopt it now, would be forever because it's 6568 1 interesting now to note that rents increase each 2 year and under the stabilization system whether 3 it be three percent or nine percent or 12 4 percent, depending upon what the factors are 5 taken into consideration, inflation and price of 6 oil. 7 It would be interesting that we 8 want to lock in the price for decontrol at 9 $100,000, yet continue to increase the rents, 10 yet, as we all know, salaries tend to increase 11 in times of inflation and income tends to 12 increase. I dare say I can't think of too many, 13 for insurance, suburban teachers or principals 14 or administrators that have taken decreases in 15 pay. I'm sure the BOCES superintendents don't 16 take decreases in pay. I know that's against 17 their rules out in certain parts of the state, 18 but that's one of the things that we never even 19 considered, and I find that hundred thousand 20 dollar floating figure very interesting if it's 21 going to be a permanent figure and, of course, 22 since we really want to be concerned, as Senator 23 Bruno said before on the recommital vote, we 6569 1 should be concerned with principle. I think we 2 should use a $100,000 figure for SUNY tuition, 3 Medicaid whether you keep that $70,000 or not. 4 There's a whole host of programs we can look at 5 and start using means tests to determine whether 6 or not you should get certain benefits and be 7 subsidized by this state. 8 So for those reasons, I vote no. 9 ACTING PRESIDENT LACK: Senator 10 Solomon in the negative. Continue the roll 11 call. 12 THE SECRETARY: Senator Spano. 13 (There was no response. ) 14 Senator Stachowski. 15 SENATOR STACHOWSKI: No. 16 THE SECRETARY: Senator 17 Stafford. 18 SENATOR STAFFORD: Aye. 19 THE SECRETARY: Senator 20 Stavisky. 21 SENATOR STAVISKY: No. 22 THE SECRETARY: Senator Trunzo. 23 SENATOR TRUNZO: Yes. 6570 1 THE SECRETARY: Senator Tully. 2 (There was no response. ) 3 Senator Velella. 4 (There was no response. ) 5 Senator Volker. 6 (There was no response. ) 7 Senator Waldon. 8 (Negative indication. ) 9 THE SECRETARY: No. Senator 10 Wright. 11 SENATOR WRIGHT: Yes. 12 ACTING PRESIDENT LACK: 13 Absentees. 14 THE SECRETARY: Senator 15 Hoffmann. 16 (There was no response. ) 17 Senator Jones. 18 (There was no response. ) 19 Senator Montgomery. 20 (There was no response. ) 21 Senator Nolan. 22 (There was no response. ) 23 Senator Paterson. 6571 1 SENATOR PATERSON: No. 2 THE SECRETARY: Senator Spano. 3 (There was no response. ) 4 Senator Spano. Senator Spano. 5 SENATOR SPANO: Aye. 6 THE SECRETARY: Senator Tully. 7 SENATOR TULLY: Aye. 8 THE SECRETARY: Senator Velella. 9 SENATOR VELELLA: Yes. 10 THE SECRETARY: Senator Volker. 11 SENATOR VOLKER: Yes. 12 ACTING PRESIDENT LACK: Results. 13 THE SECRETARY: Ayes 33, nays 14 23. 15 ACTING PRESIDENT LACK: The bill 16 is passed. 17 Senator Present. 18 SENATOR PRESENT: Mr. President. 19 We call up Calendar 471, please. 20 ACTING PRESIDENT LACK: Secretary 21 will read Calendar Number 471. 22 THE SECRETARY: Calendar Number 23 471, by member of the Assembly Wright, Assembly 6572 1 Bill Number 6975, amends Chapter 514 of the Laws 2 of 1983, amending the Private Housing Finance 3 Law. 4 ACTING PRESIDENT LACK: Last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LACK: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 59. 12 ACTING PRESIDENT LACK: The bill 13 is passed. 14 Senator Present. 15 SENATOR PRESENT: Calendar 1320, 16 please. 17 ACTING PRESIDENT LACK: Calendar 18 1520. 1620 -- 1320, sorry. 19 THE SECRETARY: Calendar Number 20 1320, Senator Marino moves to discharge the 21 Committee on Rules from Assembly Bill Number 22 8711 and substitute it for the identical Third 23 Reading 1320. 6573 1 SENATOR PRESENT: Mr. President. 2 ACTING PRESIDENT LACK: 3 Substitution ordered. 4 SENATOR PRESENT: Is there a 5 message at the desk? 6 ACTING PRESIDENT LACK: There is 7 a message at the desk. 8 SENATOR PRESENT: I move we 9 accept the message. 10 ACTING PRESIDENT LACK: Motion of 11 Senator Present to accept the message, all those 12 in favor aye. 13 (Response of "Aye.") 14 Contrary nay. 15 (There was no response. ) 16 The message is accepted. Last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LACK: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 59. 6574 1 ACTING PRESIDENT LACK: The bill 2 is passed. 3 Senator Present. Senator, can we 4 return to motions and resolutions? 5 SENATOR PRESENT: Yes. 6 ACTING PRESIDENT LACK: Motions 7 and resolutions. Secretary will read 8 substitutions. 9 THE SECRETARY: On page 12 of the 10 calendar, Senator Kuhl moves to discharge the 11 Committee on Rules from Assembly Bill Number 12 5737-B and substitute it for the identical Third 13 Reading 648. 14 On page 17, Senator Cook moves to 15 discharge the Committee on Rules from Assembly 16 Bill Number 8059 and substitute it for the 17 identical Calendar Number 814. 18 On page 31, Senator Padavan moves 19 to discharge the Committee on Rules from 20 Assembly Bill Number 8430, and substitute it for 21 the identical Third Reading 1317. 22 On page 45, Senator Cook moves to 23 discharge the Committee on Rules from Assembly 6575 1 Bill Number 8510 and substitute it for the 2 identical Third Reading 954. 3 ACTING PRESIDENT LACK: 4 Substitution is ordered. 5 Senator Trunzo. 6 SENATOR TRUNZO: Mr. President, 7 on page 32, I offer the following amendments to 8 Calendar Number 1326, Senate Print Number 3463, 9 and ask that said bill remain on Third Reading 10 Calendar. 11 ACTING PRESIDENT LACK: 12 Amendments received, bill will retain its 13 place. 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, I 16 wish to call up my Bill Number 2060 recalled 17 from the Assembly, now at the desk. 18 ACTING PRESIDENT LACK: Secretary 19 will read. 20 THE SECRETARY: By Senator 21 Libous, Senate Bill 2060, an act to amend the 22 Mental Hygiene Law and the Public Health Law. 23 Senator Libous. 6576 1 SENATOR LIBOUS: Mr. President, I 2 now move to reconsider the vote by which the 3 bill was passed. 4 ACTING PRESIDENT LACK: Call the 5 roll on reconsideration. 6 (The Secretary called the roll on 7 reconsideration. ) 8 THE SECRETARY: Ayes 59. 9 ACTING PRESIDENT LACK: Senator 10 Libous. 11 SENATOR LIBOUS: Mr. President, I 12 offer up the following amendments. 13 ACTING PRESIDENT LACK: 14 Amendments received; the bill will retain its 15 place. 16 Senator Holland. 17 SENATOR HOLLAND: I offer the 18 following amendments to Calendar Number 1450, 19 Senate Print 6029, and ask that said bill retain 20 its place on the Third Reading Calendar. 21 ACTING PRESIDENT LACK: 22 Amendments received, bill will retain its 23 place. 6577 1 Senator Holland. 2 SENATOR HOLLAND: Also on page 8, 3 I offer the following amendments to Calendar 4 Number 381, Senate Print Number 48-B, and ask 5 that the said bill retain its place. 6 ACTING PRESIDENT LACK: 7 Amendments received, bill will retain its place 8 on the Third Reading Calendar. 9 Senator Stafford. 10 SENATOR STAFFORD: Mr. President, 11 I move we please remove the star on Calendar 12 Number, sponsor's star, 682. 13 ACTING PRESIDENT LACK: Star is 14 removed at the request of the sponsor. 15 Senator Goodman. 16 SENATOR GOODMAN: Mr. President, 17 I have a privileged resolution at the desk. May 18 I move -- ask that it be read, its title be read 19 and I move -- will be prepared to move it. 20 ACTING PRESIDENT LACK: Secretary 21 will read the title of the resolution. 22 THE SECRETARY: Legislative 23 Resolution, by Senator Goodman, honoring the 6578 1 life of Emil Lenz. 2 SENATOR GOODMAN: Wish to move 3 its adoption, Mr. President. 4 ACTING PRESIDENT LACK: On the 5 resolution, all those in favor aye. 6 (Response of "Aye.") 7 Contrary nay. 8 (There was no response. ) 9 The resolution is adopted. 10 Senator Saland. 11 SENATOR SALAND: Mr. President, 12 Calendar 1141, I'd like to remove the sponsor's 13 star; it's Senate 5584-A. 14 ACTING PRESIDENT LACK: Star is 15 removed at the request of the sponsor. 16 Senator Sears. 17 SENATOR SEARS: I offer the 18 following amendments to Calendar 187, Senate 19 Print Number 2003-A and ask that the said bill 20 retain its place. 21 ACTING PRESIDENT LACK: 22 Amendments received; bill will retain its place 23 on the order of third reading. 6579 1 Further motions and resolutions? 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 there being no further business, I move that we 5 adjourn until tomorrow at 1:30 p.m. 6 ACTING PRESIDENT LACK: Senate 7 will stand adjourned until 1:30 p.m. 8 (Whereupon, at 12:30 a.m., the 9 Senate adjourned. ) 10 11 12 13 14 15 16 17 18 19 20 21 22 23