Regular Session - February 2, 2004
286
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 2, 2004
3:16 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
Reverend Peter G. Young will offer the
invocation.
REVEREND YOUNG: Thank you,
Senator.
Let us pray. As we enjoy the
pleasant temperature and the two minutes of
additional daylight today, we feel the hope of
those sunny days of summer.
We look forward to those days, and
to the budget negotiations that will allow our
legislators to be home to enjoy that happiness
with their family and their constituents.
As a guest chaplain for 45 years,
we've witnessed the stress and the
difficulties that this toll of the tension of
the session has caused on our Senators and
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their families with their expanded time away
from home.
O, God, we pray that You will
support them in their legislative effort and
give them the strength and the fortitude to
accept the challenge of their Senatorial
office.
We know that this group of public
servants are doing the good things for the
State and for the constituents to be effective
Senators, and we call upon Your blessing for
their dedicated effort and for the citizens
that they represent, to ask You, God, to bless
them in their work.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Friday, January 30, the Senate met pursuant to
adjournment. The Journal of Thursday,
January 29, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
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Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Hoffmann,
from the Committee on Agriculture, reports the
following bills:
Senate Print 177, by Senator
Hoffmann, an act to amend the Agriculture and
Markets Law;
5172, by Senator Bonacic, an act to
amend the Agriculture and Markets Law;
5297A, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
5864, by Senator Larkin, an act to
amend the Agriculture and Markets Law;
And Senate Print 6014, by Senator
Hoffmann, an act to amend the Agriculture and
Markets Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: All
bills directly to third reading.
Reports of select committees.
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Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
I move that the following bill be
discharged from its respective committee and
be recommitted with instructions to strike the
enacting clause: That's Senate 2072, by
Senator Maltese.
ACTING PRESIDENT MEIER: So
ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Local Governments Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Local Governments
Committee in the Majority Conference Room.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
Amendments are offered to the
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following Third Reading Calendar bills:
Sponsored by Senator Maziarz, page
number 8, Calendar Number 82, Senate Print
Number 4987A;
Senator Maltese, page number 9,
Calendar Number 89, Senate Print Number 87;
Senator Volker, page number 14,
Calendar 145, Senate Print Number 5912;
Senator Hannon, page number 15,
Calendar Number 158, Senate Print Number 444;
Senator Wright, page number 15,
Calendar 160, Senate Print Number 2758A;
Senator Alesi, page number 16,
Calendar Number 163, Senate Print Number 120;
Senator Skelos, page number 16,
Calendar Number 166, Senate Print Number 4007.
I now move that these bills retain
their place on the order of Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain their place on the order of
third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
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there's a privileged resolution, 3324, at the
desk, by Senator Little. May we please have
the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Little, Legislative Resolution Number 3324,
commemorating the grand opening of the Warren
Washington Counties Homeless Youth Coalition
Shelter on February 3, 2004.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MEIER: The
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Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
19, by Senator LaValle, Senate Print 4082A, an
act to amend the Education Law, in relation to
due process requirements.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
38, by Senator Spano, Senate Print 1936B, an
act to amend the Penal Law, in relation to
reckless assault of a child.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
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ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
43, by Senator Little, Senate Print 5158, an
act to amend the Penal Law, in relation to
increasing the penalties for hazing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
85, by Senator Meier, Senate Print 1825, an
act to amend the Domestic Relations Law, in
relation to notification.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
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ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
94, by Senator Leibell, Senate Print 988, an
act authorizing the Pawling Central School
District to lease lands.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
96, by Senator Seward, Senate Print 1591A, an
act in relation to creating the D.R. Evarts
Library District.
ACTING PRESIDENT MEIER: Read the
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last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
99, by the Assembly Committee on Rules,
Assembly Print Number 9222, an act to amend
Chapter 695 of the Laws of 2003.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
124, by Senator Skelos, Senate Print 3343C, an
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act to amend the Public Officers Law, in
relation to authorizing deputy sheriffs.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
125, by Senator Leibell, Senate --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
126, by Senator Libous --
SENATOR MORAHAN: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Morahan, that completes the
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noncontroversial reading of the calendar.
SENATOR MORAHAN: Thank you, Mr.
President. Could we now have the
controversial reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
43, by Senator Little, Senate Print 5158, an
act to amend the Penal Law, in relation to
increasing the penalties for hazing.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: On the
bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I've supported Senator Little's
bill to increase hazing penalties in the past.
I will do so again today. But I rise really
to call on my colleagues and admonish this
house that we shouldn't end this session
without taking up the Dignity for All Students
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Act, which has been languishing here for
several years.
Our commitment to ending hazing and
the harassment of students really should
extend to the groups of students that are
clearly the most vulnerable, clearly most
frequently subject to harassment and attacks.
The list of groups supporting the
Dignity for All Students Act is far too long
to read. It passed the Assembly last session
136 to 8. It is supported by the
Asian-American Legal Defense Fund, Citizen
Action, the Empire State Pride Agenda, the Log
Cabin Republicans, the National Education
Association, the National Organization for
Women, the New York State Coalition against
Sexual Assault, the New York State United
Teachers, other unions, and other defense
organizations.
This is a bill whose time has come.
If we're going to take care of the hazing
penalties, we should move on to this other
critical area.
I am voting yes, I urge everyone to
vote yes, and I hope we'll have the
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opportunity to vote yes on the Dignity for All
Students Act before this session ends.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
125, by Senator Leibell, Senate Print 4475, an
act to amend the Public Officers Law, in
relation to residency requirements.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Leibell, an explanation has been requested.
SENATOR LEIBELL: Yes, Mr.
President.
This bill amends Section 3 of the
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Public Officers Law to allow a municipal
sanitation employee to reside in a county
contiguous to a county which is contiguous to
the municipality in which they are employed.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
If the sponsor would yield for a few
questions.
ACTING PRESIDENT MEIER: Senator
Leibell, do you yield?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Has this
issue been raised in the context of collective
bargaining?
SENATOR LEIBELL: Not to my
knowledge. I'm not aware of it.
SENATOR SCHNEIDERMAN: And
through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Leibell, do you continue to yield?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT MEIER: The
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sponsor yields.
SENATOR SCHNEIDERMAN: Do we have
any information about whether there is
actually any difficulty involved in recruiting
workers in the City of New York that would be
affected by this legislation? Is there in
fact a waiting list for people who do want
these jobs in the City of New York? Do we
have any information about that?
SENATOR LEIBELL: This
legislation is very similar to the legislation
for other city employees who are given this
same benefit.
And in response to your earlier
inquiry, this would require legislation to
pass this. This would not be something you
could just do, to my belief, by collective
bargaining.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, my question, though, is do
we have any information about whether or not
there is a waiting list for people who are
residents of New York City who would like to
get the jobs that are the subject of this
legislation.
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SENATOR LEIBELL: I'm sorry,
Senator, was that a question?
SENATOR SCHNEIDERMAN: Yes.
SENATOR LEIBELL: What was the
question? I couldn't hear you.
SENATOR SCHNEIDERMAN: I'm sorry.
The question was, do we have any
information as to whether or not there are
people in New York City who want these jobs?
Is there a waiting list for people trying to
get these jobs?
SENATOR LEIBELL: I do not have
that information. The only information I
could give you is that we've had inquiries
from numerous people who would like the
ability to live in other places, just as other
city employees have that ability.
SENATOR SCHNEIDERMAN: And
through you, Mr. President, a final question.
ACTING PRESIDENT MEIER: Senator
Leibell, do you continue to yield?
SENATOR LEIBELL: Yes, I do, Mr.
President.
SENATOR SCHNEIDERMAN: And my
understanding is that this would only apply to
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people who have five or more years of service.
SENATOR LEIBELL: That's correct.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. No further questions.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: If I may
interrupt, Mr. President, there will be an
immediate meeting of the Transportation
Committee in the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Transportation
Committee in the Majority Conference Room.
Any other Senator wish to be heard
on the bill?
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
Senator Leibell, if I could --
excuse me. Mr. President, if the sponsor
would answer a question.
ACTING PRESIDENT MEIER: Senator
Leibell, do you yield for a question from
Senator Krueger?
SENATOR LEIBELL: Yes.
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SENATOR LIZ KRUEGER: Thank you.
Senator Leibell, I'm holding in
front of me a memorandum from my mayor urging
me to vote against this act, because he is
highlighting, in fact -- I guess it's an
answer to a question Senator Schneiderman
asked you, but I guess I will answer while
asking you my question.
According to Mayor Bloomberg, there
are tens of thousands of people currently on a
civil service list applying to be sanitation
workers.
And so since we don't seem to have
a shortage of people who live in New York City
and wish to be sanitation workers, and I don't
believe, according to this memo, that we
actually currently have a shortage of workers,
I'm curious why we're being asked, the Senate,
to override the wishes of the Mayor of
New York City that would, to some degree,
override the authority of the local government
and in fact take out of the potential for
collective-bargaining these kinds of
decisions.
What would be our justification for
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this bill at this time?
SENATOR LEIBELL: Senator, the
justification would be your sense of fairness
and equity. Because this is a privilege
that's given to others who are city employees
also.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
The question was answered that it's
a question of equity. In fact, what we don't
have in New York City when it comes to
residency rules for different city workers is
equity.
We have very different rules for
different unions, for different job
classifications. We have one set of rules for
teachers, another set of rules for
firefighters, another set of rules for police,
another set of rules for workers who work for
the New York City Housing Authority, another
set of rules for workers in a variety of other
budgetary city agencies.
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Some require New York City
residence; some allow for different county
geographical areas.
And the arguments behind the growth
in those patterns over years was the belief
that we could not find people who lived in the
City of New York to do those jobs. I don't
think that argument or that case has been made
for sanitation workers, particularly when you
look at documentation that there are thousands
of people on waiting lists to become
sanitation workers in New York City.
And I believe that most of us, when
thinking about our own counties or our own
districts, would agree that we hope to provide
government jobs to people who live in the
locality. We sometimes decide to make
exceptions to that rule. We do that in this
house in a variety of different circumstances
at the request of the locality.
But in this case we have a locality
saying, We're opposed to this. We have
evidence that we don't need to change our
residency rules to ensure that we have an
adequate number of sanitation workers in
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New York City.
And it again would be one more
place where the State Legislature would be
usurping the process of the local government
in making these decisions or negotiating this
out with their own local workers.
So I will be voting against this
bill, and I urge my other colleagues to,
because this isn't a role we should be playing
in negotiations between the City of New York,
its constituents, and its workers.
Thank you very much, Mr. President.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President.
I'm going to join Senator Krueger
in also voting against this bill. And I will
go one step further in saying that I believe
this bill does have some statewide
implications.
I think it's important for this
Legislature to consider the plight of our
urban communities. And I think if somebody is
going to take a job that they get paid with
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the tax dollars of a particular municipality,
then they should be willing to live in that
municipality. That's my very strong feeling.
I know that in the city of Buffalo,
one of the communities that I represent, we
have millions of dollars in taxpayer money
going outside of the city of Buffalo because
with some positions we don't have residency
requirements. And people are able to live
outside of the city, where that city
desperately needs those tax dollars staying in
that community, strengthening that community.
And certainly with some of those
positions that are positions that need to have
quick responses -- police, fire -- where you
need those people to be able to respond to the
needs in that community, when they have to
travel in from outside of that community, I
think it impacts on their ability to respond
in that way.
So with respect to this, Mr.
President, I'm opposed. I think that this
Legislature should consider the plight of our
urban areas. I think that we should not
expand the ability for people to live outside
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of the municipality that they get paid in.
I think we should go the other way,
and I think we should look at restricting the
ability for people to live outside the
municipality that they get paid by.
Thank you.
ACTING PRESIDENT MEIER: Senator
Diaz.
SENATOR DIAZ: On the bill.
It is a problem for us blacks and
Hispanics. We are the ones left to live in
New York City. So you are taking, again, a
shot against blacks and Hispanics in New York
City, taking all the jobs out of the city.
People that reside in those
boroughs -- in those counties out of New York
City, they are not black and they are not
Hispanic. The majority of blacks and
Hispanics resides in New York City.
This is another attempt, this is
another attempt of taking our bread and our
jobs out of the city and leave our people
without the opportunity to get decent jobs.
So, you know, we have enough people
in New York City that pay taxes in New York
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City, that live in New York City, that take
their pride in living in New York City. Why
take the good jobs out of New York City? Our
people, again, would be out of jobs.
So I ask all my colleagues to take
into consideration that every time that you
pass a bill like this is an attempt on the
minority community. You're leaving us with
nothing. You're taking the best thing out of
the city. You're taking police jobs, fire
department jobs, now sanitation jobs -- you're
taking everything out of our districts, out of
our city.
When are you going to consider we
in the city? I mean, we pay taxes here.
These people go over there, they move out of
the city. If they move out of the city, let
them find jobs out of the city. Why take the
jobs out of our people and give it to people
out of the city?
This is something, again, something
that has some kind of negative or that leaves
a bad taste in my mouth. I don't want to call
it racism or discrimination or whatever. I
don't want to call it that. But, you know,
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this has to stop. This has to stop. You're
taking our jobs out. You're taking our jobs
out.
People that reside in New York
City, when the garbage is there, we're the
ones that have to deal with the garbage.
We're the ones that have to live with that.
See, people come, they do a four-hours-a-day
job, and then they go back to their counties
with four-hour jobs.
So I believe that those jobs
supposed to be -- should be for people that
resides in New York City. And I am asking all
my colleagues to vote against that bill. This
is a very, very detrimental bill for blacks
and Hispanics in New York City.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wishing to speak on the bill?
Senator Parker.
SENATOR PARKER: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Parker, on the bill.
SENATOR PARKER: I'm actually --
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I'm disturbed by this bill, because I think
that there's a number of things that really
hurt New York City with this bill, and the
first of which has to do with the economic
impacts of the bill.
If we allow sanitation workers --
and not just any sanitation workers, but we
let sanitation workers with five or more
years, when they start to -- really start to
raise their income, then to leave the city, we
then lower the tax base of the city.
Every year, we have a New York City
bailout day here. And we figure -- you know,
we talk about the budget, we talk about where
the money went, and then we wind up having to,
you know, find money to give to the city.
When in fact we ought to be doing smart things
all year round to allow the city to not only
make money but also retain dollars that it's
currently generating.
So right now, if we pass this
bill -- and I'm hoping that my colleagues on
both sides of the aisle will vote no on this.
But if we pass this bill, what we're saying is
that New York City uses its tax revenue to
314
employ people to provide a service, and then
we're going to allow those folks to move
outside, somewhere else, and spend their
dollars and not help create any more economic
revenue for the city.
This is problematic. And then
we'll wonder why, you know, at the end of the
session, we're looking at, you know, large
deficits in New York City's budget.
The other part of this that seems
kind of just arbitrary to me is why is it five
years. I mean, if we're going to do
something, why not let all sanitation workers
have the same opportunities? Why five years?
Why not 10 years? Why not 15 years? Why not
two years?
I mean, the amount of years that
you have to have in service seems to be just,
you know, kind of random and arbitrary. And
so that also concerns me.
But lastly, it seems to me that we
have a, you know, somewhat -- I guess what you
would call a home rule message where the Mayor
is opposing this. And I'm not sure in this
particular case that the State Legislature
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ought to be granting power to city employees
that are against the wish of the Mayor who has
to ultimately manage both the city and manage
these employees.
And so I would ask the members of
this body to vote no on this bill to make sure
that we not only keep some consistency within
the context of governance in New York City and
New York State, but to also make sure that
New York City has the long-term revenues that
it needs to be a healthy and viable place.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President.
I first want to thank my colleague
Senator Diaz for pointing this out. And I
note that last year, last session, I believe,
I voted for this. And had I understood the
implications as he has explained it so clearly
today, I definitively would have voted no.
And I shall vote no today. I should have
voted no.
And certainly, as I look at this,
this is one of the kinds of initiatives that
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ultimately erodes the tax base of New York
City in terms of having citizens who work,
earn their living in New York City and also
live there and pay full share of taxes there.
So especially in light of the fact
that we don't have even a commuter tax, so
there is no way of assessing residents who
work in New York City and don't live in
New York City a full and fair revenue in
support of the city where they earn their
living.
So I'm opposed to this, and I hope
that all of my colleagues from -- especially
those colleagues from New York City, on both
sides of the aisle, will vote no on this
legislation. Because why should we be helping
Senator --
SENATOR MORAHAN: Morahan.
SENATOR MONTGOMERY: -- Senator
Morahan by having our constituents, the people
who work in the city, become his constituents,
vote for him, and pay taxes to him, and we
lose?
So we will, all of us from New York
City, both Republican and non-Republican, will
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vote no on this bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: On the
bill, Mr. President.
Very briefly, I think we all
understand the need for some flexibility for
people who work hard, performing difficult and
sometimes dangerous functions, in terms of
their search for affordable housing.
But I think the concerns that have
been raised by my colleagues suggest that we
may need to take a little more time and look
at this issue more comprehensively.
We now have an uneven, an
inconsistent set of rules for different public
employees relating to residency. Some public
employees have to live in the city; some have
exemptions. But the exemptions vary all over
the place.
And I'd urge my colleagues that it
is something worth taking a little more time
to address.
The fundamental issue here, though,
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is, as my colleagues have acknowledged, we
have two problems in New York City. We have
very high unemployment in a lot of
communities. In the Bronx, we have a
substantially higher unemployment rate than
almost anywhere else in the state. There are
people who would like to get good jobs. And
in New York City we have a housing crisis.
So the point of this legislation,
which is to say you have to give people a
chance to live somewhere where they can afford
something, maybe that's something that we
should have thought about when the Governor
proposed an Executive Budget that actually cut
housing programs and provided no new
initiatives for affordable housing and
provided no increase for core housing capital
programs.
I think we should address the
housing issue in New York City. More than
500,000 renters, 25 percent of all renters,
pay more than 50 percent of their income for
rent in the City of New York.
So we have two problems. I think
we should be focusing on the second one. We
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can solve the housing problem with the kinds
of initiatives that New York State has made
famous all over the country, from our great
public housing programs, to the Mitchell-Lama
program, to the subsidized housing programs
that existed throughout Brooklyn and Queens
over the last 50 or 60 years. That's an issue
that we should address.
This legislation, though, adds to
an inconsistent set of laws that many people
feel hurt the city. I do not know why the
City of New York took so long to get out their
memo. It came to us all very late. I'm not
sure all of my colleagues on the other side of
the aisle have even had a chance to consider
it. But I do urge that this is worthy of
consideration. There's no need to rush
through this.
I will be voting no on the
legislation. And I think we need to take a
comprehensive look at the impact of these
exemptions to the residency rule on the City
of New York, on its unemployed, and we need to
take a look at the housing crisis that is
forcing so many people to ask to have that
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exemption granted so they can live in more
affordable places.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed, then.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Leibell, to explain his vote.
SENATOR LEIBELL: Mr. President,
with respect to this legislation, I would note
that this exact same bill was before this
house last year. And the vote at that time
was 60 to zero. It was unanimous.
And I've listened to some of the
arguments that have been made, and you should
know that in the past I've sponsored
legislation that impacts on my own district,
where I've said that people who are bound to
my particular area can live wherever they want
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who happen to have municipal jobs. And I
think that reflects my desire to see that as
many people as possible have the freedom to
live and work where they choose to do so.
Similarly, we've talked about in
the past -- and, Senator Schneiderman, you've
commented on the housing shortage in New York
City and what a crisis that has been. And
numerous of my colleagues from the city have
spoken to me about that in the past. This is
a way for a small group of public employees
there to seek housing in other areas.
And I might add that the comment
was made, is this motivated by any other
intent. I will assure you that in my district
I have many city employees who commute daily
to the city, and they are from all races and
all backgrounds. And it has opened up other
opportunities for them in terms of housing.
Taxes are still paid to New York
City. I don't believe there's a revenue loss.
And these people still provide dedicated
services to the city that employs them.
And probably the vast majority
would wish to continue to stay in New York
322
City. But it does provide for them the option
of living in a place that's maybe different,
but possibly more affordable, in recognition
that New York City continues to have, as it
has, I guess, over many years, a housing
shortage.
So in light of that, in looking
back on last year's vote, I have a great
comfort level, despite the mayor's memo, that
this is a good piece of legislation.
ACTING PRESIDENT MEIER: Announce
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 125 are
Senators Andrews, Brown, Diaz, L. Krueger,
Montgomery, Parker, Paterson, Schneiderman,
and A. Smith. Ayes, 48. Nays, 9.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan, that completes the
controversial reading of the calendar.
SENATOR MORAHAN: Any
housekeeping up there, Mr. President?
ACTING PRESIDENT MEIER: No, no
housekeeping, Senator.
323
SENATOR MORAHAN: Okay. Do we
have some reports that we may be waiting for?
ACTING PRESIDENT MEIER: I
believe so.
SENATOR MORAHAN: I understand we
have two committees, Transportation and Local
Governments, that are ready to report, if we
can return to reports of standing committees.
ACTING PRESIDENT MEIER: Senator,
we have one committee report but not the
other. Perhaps we could stand at ease and
then do both of them at the same time.
SENATOR MORAHAN: We can read one
out and stand at ease. It doesn't matter.
Why don't you read out the first
one.
ACTING PRESIDENT MEIER: All
right.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Little,
from the Committee on Local Government,
reports the following bills:
Senate Print 2961A, by Senator
Fuschillo, an act authorizing the assessor;
324
3794A, by Senator Maziarz, an act
creating the Lewiston Public Library System;
5132, by Senator Little, an act to
amend the General Municipal Law;
5182A, by Senator Flanagan, an act
to amend the Real Property Tax Law;
And Senate Print 5733, by Senator
Maziarz, an act to amend the Real Property Tax
Law.
All bills ordered direct for third
reading.
ACTING PRESIDENT MEIER: All
bills directly to third reading.
Senator Morahan.
SENATOR MORAHAN: Stand at ease,
Mr. Chairman.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Transportation Committee.
(Whereupon, the Senate stood at
ease at 3:54 p.m.)
(Whereupon, the Senate reconvened
at 4:00 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
325
SENATOR MORAHAN: Yes, Mr.
President, I understand we're still on the
reports of standing committees.
And I understand there's a report
at the desk. I'd like it to be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Kuhl,
from the Committee on Transportation, reports
the following bills:
Senate Print 145, with amendments,
by Senator Maltese, an act to amend the
Vehicle and Traffic Law;
497, by Senator Johnson, an act to
amend the Transportation Law;
923A, by Senator LaValle, an act to
amend the Vehicle and Traffic Law;
935, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
1368, with amendments, by Senator
Trunzo, an act to amend the Vehicle and
Traffic Law;
1370, by Senator Trunzo, an act to
amend the Public Authorities Law;
326
1376, by Senator Larkin, an act to
amend the Vehicle and Traffic Law;
2479, by Senator LaValle, an act to
amend the Highway Law;
3276, with amendments, by Senator
Maltese, an act to amend the Vehicle and
Traffic Law;
3931, by Senator Little, an act to
amend the Vehicle and Traffic Law;
4106, by Senator Maltese, an act to
amend the Vehicle and Traffic Law;
4358, with amendments, by Senator
Little, an act to amend the Vehicle and
Traffic Law;
5834, by Senator Maziarz, an act to
amend the Highway Law;
5837, with amendments, by Senator
Maziarz, an act to amend the Vehicle and
Traffic Law;
5856, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
And Senate Print 5901, by Senator
Marcellino, an act to amend the Vehicle and
Traffic Law.
All bills ordered direct to third
327
reading.
ACTING PRESIDENT MEIER: All
bills direct to third reading.
Senator Dilan.
SENATOR DILAN: Yes, Mr.
President. I request unanimous consent to be
recorded in the negative on Calendar Number
125.
ACTING PRESIDENT MEIER: Without
objection, Senator Dilan will be recorded in
the negative on Calendar 125.
Senator Morahan.
SENATOR MORAHAN: Would you
please recognize Senator Lachman.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Yes,
unfortunately, Mr. President, I was at a
Transportation Committee meeting when 125 came
up. And I'd like to be recorded in the
negative on Calendar Number 125.
ACTING PRESIDENT MEIER: Without
objection, Senator Lachman will be recorded in
the negative on Calendar 125.
Senator Morahan.
328
SENATOR MORAHAN: Mr. President,
I understand there's no further business
before the house. I now move that we adjourn
until Tuesday, February 3rd, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, February 3rd, at 11:00 a.m.
(Whereupon, at 4:05 p.m., the
Senate adjourned.)