Monday, March 18, 2013

Reports of standing committees.

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

On behalf of Senator Gallivan, on page 8 I offer the following amendments to Calendar Number 74, Senate Print 583, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT CARLUCCI:The amendments are received, and the bill will retain its place on the Third Reading Calendar.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

At this time, Mr. President, with unanimous consent, I'd like to recognize my friend and colleague Senator LaValle to address the body.

ACTING PRESIDENT CARLUCCI:Senator LaValle.

SENATOR LaVALLE: Thank you, Senator Libous.

We have some very special guests today that I would like to introduce to this body: A very prominent Italian who is the rettore of the University of Palermo, the president of the University of Palermo, Rettore Roberto Lagalla, and his wife, Maria Paola Ferro.

Also we have Pasquale Assennato, who is a professor at the university. And we have a dear friend that's with them who is also a professor at the University of Palermo, Professor Marcello Saija.

And also, from Stony Brook, the director of the Center for Italian Studies -- and he has been here -- a very dear friend, Professor Mario Mignone.

Rettore, your work in Sicily, in Italy, the number of journals that you have written in, the speeches on healthcare are well known. And this body recognizes you for your work in healthcare and certainly being the president of a very important university in Italy, the University of Palermo.

Congratulations on your good work, and I hope you have a good stay here in the United States.

(Applause.)

ACTING PRESIDENT CARLUCCI:Thank you, Rettore. Thank you, Senator LaValle.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

I believe there is a previously adopted resolution by Senator Hassell-Thompson at the desk; I believe it is Number 836. I ask that its title be read and call on the good Senator.

ACTING PRESIDENT CARLUCCI:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 836, by Senator Hassell-Thompson, commemorating the 50th Anniversary of the United States Supreme Court's decision Gideon v. Wainwright holding the 14th Amendment to the Constitution requires states to provide counsel to indigent criminal defendants.

ACTING PRESIDENT CARLUCCI:Senator Hassell-Thompson.

SENATOR HASSELL-THOMPSON:Thank you, Mr. President.

Fifty years ago on March 18, 1963, the Supreme Court unanimously ruled in Gideon v. Wainwright that criminal defendants have a constitutional right to a lawyer whether or not they can afford one.

Following this historic decision, a new trial was ordered. And with a new lawyer appointed, Gideon was acquitted.

Clarence Earl Gideon is an unlikely protagonist. He was a poor white male from Missouri with a track record for petty thievery. He was first convicted of larceny at the age of 18 and over the course of his life served prison sentences in four different states. He's commonly referred to as a drifter because of his tendency to jump from home to home and wife to wife.

Say what you might about him as a man, but it is undeniable that Gideon had gumption. After being convicted in 1961 of felony theft, he stood in front of the Florida State Court and, representing himself, refused to plead guilty until the court appointed him a counsel. Knowing nothing about the law, he nevertheless had an unwavering belief that the United States Constitution entitled him to a lawyer and to have representation before the court could throw him into jail.

Technically, Gideon was wrong. Under the U.S. Supreme Court's case in Betts v. Brady, decided 20 years earlier, the court had ruled that no one has a universal right to counsel in a criminal state trial unless that denial could constitute a denial of fundamental fairness.

But as Anthony Lewis wrote in his famous book, Gideon's Trumpet, Gideon's argument wasn't necessarily futile on the basis that it was wrong.

As we have seen over the years under different, more progressive leadership, the United States Supreme Court would occasionally change its mind. And 50 years ago, that's exactly what it did, by overturning Gideon's conviction and unanimously holding that the 14th Amendment requires states to provide counsel to defendants in criminal cases whether or not they're able to afford an attorney.

The point of this case is simple. Everyone in our country deserves a fair trial before going to jail, no matter who they are or what they have done. Our justice system needs to support the plight of poor people, not to contribute to it.

It is a matter of common sense that the administration of law must be unbiased. And in order to administer equal and nonprejudicial representation, every state needs to not only develop a public defender system but it needs to ensure that it creates laws and contributes financially to ensure that that system truly works.

This commemoration is bittersweet. While the right to counsel in criminal cases has been determined, the legal needs of many defendants are still going unmet -- and therefore the right often amounts to an empty one.

New York has no statewide system for the provision of indigent defense but instead relies on our counties to administer this kind of indigent defense services. As long as counties have to bear the public defense mandate, they must be economically funded to provide quality representation.

In 2009 I was proud to lead the Senate Democratic majority in the creation of our Indigent Legal Services Board, which oversees the Office of Indigent Legal Services, the first of its kind to manage public defenders in the history of the State of New York. However, we must ensure that these organizations are adequately funded, or I fear that our incremental advances in the area of public defense will be continuously thwarted.

In 2009 historic legislation was passed by our joint legislative houses and signed under Governor Paterson to establish new caseload standards in the City of New York for public defenders. However, to truly stabilize our justice system, we must expand the law statewide. Having the right to counsel means absolutely nothing if the lawyer is unable to give adequate representation because he or she is ill-prepared due to an insufferably burdensome caseload.

Therefore, it is absolutely substantive interactive that we pass legislation this week that restores funding to the Indigent Legal Services Office, and we must oppose the Executive's proposal to eliminate the $4 million appropriated for upstate case caps.

Just two months ago the United States Supreme Court considered a case involving indigent defense. The issue of Boyer v. Louisiana was whether a state's failure to fund counsel for an indigent defendant for five years should be weighed against the state for speedy trial purposes. Louisiana disagreed and argued even if the majority of the delay in bringing the defendant to trial was caused by a funding crisis, that it should not count against the state.

We do not need to wait for the Supreme Court's answer. As a legislature, we can decide that New York State will accept responsibility for its indigent defense problems. Today we must honor the dedication of those legal aid societies, public defenders, 18B lawyers and pro bono defense counsels who zealously represent the poor. At the same time, we want to use this anniversary as an opportunity for reflection and inspiration.

We have a responsibility as lawmakers to exercise our power for the betterment of our citizens in all aspects of their lives. Having adequate representation at a criminal trial demonstrates a person's true freedom.

I urge my colleagues to join me in supporting an aggressive campaign of indigent defense reform to ensure that we protect all citizens and their freedoms with the kind of unbridled gumption that drove Gideon's passion one half a century ago.

Thank you, Mr. President.

ACTING PRESIDENT CARLUCCI:Thank you, Senator Hassell-Thompson.

Are there any other Senators wishing to be heard on the resolution?

This resolution was previously adopted on March 14th.

Senator Libous.

SENATOR LIBOUS:Yes, Mr. President. I believe at this time we're going to take up the reading of the noncontroversial calendar.

ACTING PRESIDENT CARLUCCI:The Secretary will read.

THE SECRETARY:Calendar Number 55, by Senator Seward, Senate Print 3066, an act to amend the Insurance Law.

ACTING PRESIDENT CARLUCCI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT CARLUCCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT CARLUCCI:This bill is passed.

THE SECRETARY:Calendar Number 56, by Senator Seward, Senate Print 3539, an act to amend the Insurance Law.

ACTING PRESIDENT CARLUCCI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT CARLUCCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT CARLUCCI:The bill is passed.

THE SECRETARY:Calendar Number 147, substituted earlier by Member of the Assembly Skoufis, Assembly Print Number 5694, an act to amend Chapter 630 of the Laws of 1988.

ACTING PRESIDENT CARLUCCI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT CARLUCCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT CARLUCCI:The bill is passed.

THE SECRETARY:Calendar Number 175, by Senator Golden, Senate Print 3754, an act to amend the Public Housing Law.

ACTING PRESIDENT CARLUCCI:Read the last section.

SENATOR MONTGOMERY:Lay it aside.

ACTING PRESIDENT CARLUCCI:Lay the bill aside.

THE SECRETARY:Calendar Number 176, by Senator Young, Senate Print 3843, an act to amend the Private Housing Finance Law.

ACTING PRESIDENT CARLUCCI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT CARLUCCI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT CARLUCCI:The bill is passed.

Senator Libous, that completes the noncontroversial reading of the calendar.

SENATOR LIBOUS:Thank you, Mr. President.

At this time could you ring the bell and bring the members to the chamber, and we'll very shortly get into the controversial reading of the calendar.

ACTING PRESIDENT CARLUCCI:The Secretary will ring the bell.

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT CARLUCCI:Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Could we now have the reading of the controversial calendar, please.

ACTING PRESIDENT CARLUCCI:The Secretary will read.

THE SECRETARY:Calendar Number 175, by Senator Golden, Senate Print 3754, an act to amend the Public Housing Law.

ACTING PRESIDENT CARLUCCI:Senator Montgomery.

SENATOR MONTGOMERY:Thank you, Mr. President. I would like to speak on this legislation.

ACTING PRESIDENT CARLUCCI:Senator Montgomery on the bill.

SENATOR MONTGOMERY:Yes. This is a bill that Senator Golden is introducing, and it would change the governing structure of the New York City Housing Authority.

And I am opposed to this particular version of the change in the structure of the governing body for the following reasons. This bill creates a new governing board that would now serve entirely at the mayor's pleasure. This indicates that Senator Golden would like to see the New York City Housing Authority become a mayoral agency. However, it would not have the same accountability, as every other city agency does, to the scrutiny of the City Council and the public.

This bill also would allow the mayor to eliminate any and all of the members of the board without cause. So he we could wake up one day and have a NYCHA board in place and the next day, based on the mayor's political or otherwise decisions or needs or pleasure, we would have a different board.

And so the whole idea of continuity and stability of this important agency, this important authority, which is depended on by hundreds of thousands of residents in the City of New York, it would totally be destabilized based on one person's desire, decision, politically or otherwise.

The mayor, although, adds one additional -- this bill would add one additional resident to the NYCHA board. That resident is selected by the mayor. In addition, the bill is blind to any standard of competence for any of the board members. So we would not have the benefit of people who have expertise in different areas, i.e., finance, administration and management, housing policy, workforce development, and others.

So there is really no benefit that is added to the New York City Housing Authority by virtue of this legislation. And so it is a very, very questionable way to be proposing to change such an important city authority without having a lot of public discussion, without having been engaged in some dialogue with people who depend on the housing authority, who work with the housing authority, and for whom the housing authority exists. So I am certainly opposing this legislation.

And I want to say that we do have a bill that was introduced by Senator Bill Perkins and myself which would in fact not only add one additional tenant representative to the board, but we would add five tenant representatives. And we would also increase the board, the voting board, to six members who would represent areas of expertise; i.e., housing, finance, workforce development, management, administration, housing policy, health and human services and community development.

We think that it is time that we need to revisit the New York City Housing Authority board, but we do not believe that this bill that Senator Golden has introduced does that at all. The only thing that it actually does is creates a housing authority that is entirely controlled by the mayor of the City of New York and without any accountability to any other city agency or the public or taxpayers.

So I am opposing this, and I invite my colleagues to also join me in voting no on this legislation.

Thank you, Mr. President.

ACTING PRESIDENT CARLUCCI:Thank you, Senator Montgomery.

Are there other Senators wishing to be heard on the bill?

Senator Krueger.

SENATOR KRUEGER:Thank you. On the bill.

I stand to share my colleague's concerns with this bill and to express my reasons for why I'll be voting no.

As my colleague already so articulately explained, we need to do something about the governance in NYCHA. I think any of us who are from New York City can tell our own stories about frustrations we have had, and lack of response.

But if you're going to change the governance of a public authority, you need to think through what's broken and what needs to be fixed. For me, one of the huge issues is that there is no transparency in their budget. They don't report to anyone on their revenues, on their expenditures, on their capital reserves, as we've learned recently on where they are in their capital plans because they received quite a bit of federal money to do preservation, expansion. There are concerns about their leasing off properties they own for private development. There's endless questions, but no information coming.

So it seems obvious to me that at this point in history, governance improvements for the New York City Housing Authority would require full disclosure, as this Legislature has done with its public authority reform bills for state public authorities.

Now, granted, NYCHA is a city authority, but apparently they need to come to us for a change in governance. So it seems obvious to me this house wants to make sure that that governance change includes real reforms in the information flow in authorities.

Second, as my colleague pointed out, while I can accept a change in how board members are picked and how many they are and whether they're paid or on a per diem, I don't accept the concept that we would have no standards for the qualifications of who they are or need to be. And I'm very concerned about a model where simply at the decision of the mayor they could be removed without cause at any moment in time.

Unfortunately, we in the City of New York have seen a pattern where a -- I'm sorry, Mr. President I'm having a little trouble hearing myself.

ACTING PRESIDENT CARLUCCI:Please keep conversations to a minimum while Senator Krueger has the floor.

Continue, Senator Krueger.

SENATOR KRUEGER:Thank you. I don't know if anyone else wanted to hear me, but I wanted to hear myself. Thank you. Don't answer.

(Laughter.)

SENATOR KRUEGER:Thank you, Mr. President.

The concern that if you remove a board member or members without cause at any moment, that you actually can simply, as whoever the mayor is in New York City, be saying "I know these board members don't agree with me on this, I'm going to fire them all and replace them on a minute's notice." That's bad governance. It's a bad model of governance. And so I don't accept that it's a reform to move forward by establishing that model.

I also, frankly, have spoken to people who are involved in a coalition trying to make improvements in the New York City Housing Authority, and they support having tenant members of the board, as I support having tenant members. But they also say they have an entire leadership model throughout the different authority projects and that they would like to recommend their tenant leaders for the board, not being exclusively who the mayor decides ought to believe the tenant members of the board. And I think that they need to play a role.

I have also been discussing the fact that the City Council of the City of New York, who have a very personal relationship with NYCHA because it is a city housing authority and they are the city legislature, that the New York City Council should at least have some role in advice and consent to who board members are, and that critically they need that same information about revenue, expenditures, capital plans as we in the State Legislature do.

So I strongly believe we need a governance bill for NYCHA. And I think we could get one this year, but I don't believe this should be the governance bill we pass. And I'll be voting no, Mr. President.

Thank you.

ACTING PRESIDENT CARLUCCI:Thank you, Senator Krueger.

Are there other Senators wishing to be heard on the bill?

The Secretary will ring the bell.

Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 30th day.

ACTING PRESIDENT CARLUCCI:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT CARLUCCI:Senator Squadron.

SENATOR SQUADRON:Thank you, Mr. President. To explain my vote.

Look, there's no question that NYCHA needs to be reformed, goodness knows. The problem is this isn't the way to do it, it's not the process by which we should be doing it. We need to have an extensive conversation on this. And also, I got to tell you, to change the structure without increasing the transparency, without knowing more about what's happening, without giving the City Council better oversight, seems to be a solution that gets nowhere near solving the problem.

So I thank Senator Golden for his commitment to NYCHA and to reforming it; it's very important. Unfortunately, I wish we were doing it in the right way. I vote no, Mr. President.

ACTING PRESIDENT CARLUCCI:Thank you, Senator Squadron.

Are there other Senators wishing to explain their vote?

Senator Golden.

SENATOR GOLDEN:Thank you, Mr. President.

I can understand my colleagues on the other side of the aisle looking for a better bill. This is a good bill, and especially when you take a look at what's been going on over the last many years.

When you take a look at the number of building complaints, building repairs as of August were 338,000. There is currently, since August, an increase of 84,000. There were 422,000 repair complaints at NYCHA. Think about that.

Think about the pay that the members that were there before were getting. The chairman gets $212,000 and the members get $186,000 each, for incompetence and for failure.

This new bill will allow it to go to five members and to increase the ability for the tenants to have a voice on that board, and will also give the ability to get the commitment of the mayor and the chairman and that board to get those 400,000-plus units repaired in a timely fashion over the course of this year.

So although I know my colleagues are looking for a better bill, this is a bill that will work. It is a bill that I believe is something that is long due, and I believe it's a bill that will get those repairs done by the end of this year, and that's very, very important.

So I vote aye. Thank you.

ACTING PRESIDENT CARLUCCI:Thank you, Senator Golden.

The Secretary will announce the results.

THE SECRETARY:In relation to Calendar Number 175, those recorded in the negative are Senators Adams, Addabbo, Avella, Ball, Breslin, Diaz, Dilan, Gianaris, Gipson, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, Montgomery, O'Brien, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.

Ayes, 36. Nays, 26.

ACTING PRESIDENT CARLUCCI:The bill is passed.

Senator Libous, this completes the controversial reading of the calendar.

SENATOR LIBOUS:Thank you, Mr. President.

Is there any further business at the desk?

ACTING PRESIDENT CARLUCCI:There is no further business at the desk.

SENATOR LIBOUS:There being no further business, Mr. President, I move that we adjourn until Tuesday, March 19th, at 3:00 p.m.

ACTING PRESIDENT CARLUCCI:On motion, the Senate stands adjourned until Tuesday, March 19th, at 3:00 p.m.

(Whereupon, at 3:53 p.m., the Senate adjourned.)