Regular Session - June 30, 1993
6378
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9 ALBANY, NEW YORK
10 June 30, 1993
11 2:30 p.m.
12
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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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
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13
14
15
16
17
18
19
20
21
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23