News from STATE SENATOR

Liz Krueger

New York State Senate, 26^th District

COMMUNITY BULLETIN – July 2003

Message from Liz . . .

The legislative session ended on June 20^th in a typical flurry of last minute maneuvering that resulted in almost no significant legislation being passed. The major exception was the passage of an eight-year extender of rent regulation on terms dictated by Majority Leader Joe Bruno (see the Policy Spotlight below for a discussion of the devastating consequences of this legislation for the future of rent protections in New York City). Both houses also passed legislation requiring emergency rooms to provide emergency contraception to sexual assault survivors, and legislation increasing the Senior Citizens Rent Increase Exemption (SCRIE) program income eligibility limit from $20,000 to $24,000. The list of issues that the legislature failed to address included Rockefeller Drug Law reform, Lobbying Reform, and funding for Brownfields and Superfund site cleanup. On many of these issues, the Senate and Assembly passed different bills, but failed to reach an agreement before we all went home for our summer vacations.

The last day of session in the Senate was particularly disturbing this year. It began at 10:00AM on June 19^th, and finally ended around 5:00AM the next morning. In the nineteen hours that preceded our departure, the Republican-controlled Senate reviewed and passed several hundred bills, some of which were non-controversial local bills which could have been passed far earlier in the session and many of which were “one-house bills” that had not been moved through the committee process and that will never pass the Assembly and become law. Most of the significant issues we needed to address were put off until the middle of the night, when brand new versions of legislation were brought before the Senate with no opportunity for public review or comment.

The way in which lobbying reform was handled is illustrative of the level of legislative deliberation in the Senate that morning. In theory, both houses and the Governor had come to an agreement on a bill just that day. But, after the Assembly passed the bill earlier in the day, the Governor and Senate successfully avoided passage of this needed legislation by instead passing what the New York Times called a “sham substitute”, watered down piece of legislation. At around 4 AM in the morning Majority Leader Bruno attempted to sneak pretend lobbying ‘reform’ legislation through without anybody noticing. As soon as I saw this new version of the bill, which would not have applied to lobbying the Governor and would have superceded stronger local laws, I stood up to be recognized and asked if there was a sponsors memo, which is a requirement for every piece of legislation. There was no memo and the Republicans scrambled to put one together – eventually handwriting one.

After I debated this bill and urged my colleagues to vote no on this wee hours “bait and switch” reform legislation, the Republicans chose to “punish me” by one-by-one withdrawing their yes votes from a local bill of mine that had passed earlier in the day.

It is clear that after our moment in the sun earlier this session, when Democrats and Republicans in both houses worked to pass their own budget, the legislature has reverted to business as usual. New Yorkers deserve better, and I will continue fighting for reform – and bringing you these reports of Albany malfeasance – until the legislature changes its rules and its mores and develops a truly democratic and deliberative process.

“The Senator is “In”

Rotating Office Hours In the District

Greenmarket at PS 183

Date: Saturday, July 12, 2003 (weather permitting)

Time: 10:30am-12:30pm

Place: East 67^th Street b/t First and York Avenues

Community Spotlight

Testimony Regarding the Proposed Memorial Sloan Kettering Laboratory Building on East 68^th Street:

Last month, I submitted testimony to the New York City Board of Standards and appeals calling for the revocation of the buildings permit for the Memorial Sloan Kettering Laboratory Building on East 68^th Street. The project as currently conceived clearly violates the Zoning Resolution, which relegates research laboratories to manufacturing zoning districts, not residential districts. If this permit is allowed to stand, it would set an extremely dangerous precedent by defying the Zoning resolution and obliterating the criteria used to define “hospital related” and community facilities. The proposed location is in a dense residential neighborhood and situated near a church, park and school. This location is clearly inappropriate for a biological laboratory, which would cause substantial negative impact on surrounding residents and facilities.

Job Training and Placement Program for Seniors:

The New York City Department for the Aging offers Senior Employment Services (SES) to assist New York City residents 55 years of age and older who are seeking work opportunities. SES workshops offer classroom training, job search techniques and part-and full-time job placements. All SES programs offer employment contact and placement assistance for low to moderate income older adults. For more information, contact Senior Employment Services at (212) 442-1353.

Health Fair at Bellevue Hospital

On July 22^nd, Bellevue will hold a Community Health Fair from 10am-4pm. The Health fair will take place at 462 First Avenue at 27^th Street. For more information, call (212) 263-3741.

Department of Education Opens Learning Support Centers:

The New York City Department of Education has now opened new learning support centers to provide a full range of information and services. There are two locations in District 2: 22 East 28^th Street at Madison Avenue, and 333 Seventh Avenue at 29^th Street. You can also reach the District 2 office by phone at (212) 356-7500. The Chancellor has also established a Parent Hotline at 718-482-3777, which is available Monday-Friday from 6am to 9pm, and Saturdays and Sundays between 9am and 5pm.

Spotlight on Policy

Rent Law Renewal

During the last week of the legislative session most pundits believed that there was a three-way agreement between the Senate Majority leader, the Governor and the Assembly Speaker to renew rent regulation with only minimal reforms for four more years. However, on the last day of the Senate session Governor Pataki and Majority Leader Joe Bruno violated their own stated positions and introduced an eight-year extender bill at 3:30 AM, creating a take-it or leave-it situation for the Assembly (which had passed it’s own reform bill back in February). Although every Democratic State Senator voted against this bill, we did not have enough votes to allow us to stop the bill from passing. The Senate ended session for the year before the Assembly reconvened later in the morning. Thus, the Assembly had to choose whether to call the Senate and Governor’s bluff and pass different legislation or to cave in and pass the “surprise” bill. The Assembly chose the latter option, passing the eight-year extender bill.

The bad news is that this bill, which was immediately signed into law by the Governor, 1) further undermines the ability of New York City to control the administration of rent regulations, 2) enables landlords to renege on “preferential rents” negotiated with tenants and 3) reinforces the ability of landlords to deregulate apartments that have been registered with DHCR as renting for $2,000 a month (even if they are then rented for less than that amount). These changes will speed the deregulation of rent regulated apartments and, if left unchallenged, guarantee the loss of hundreds of thousands of previously affordable homes over an eight year period.

The only good news is that most current tenants living in rent stabilized and rent controlled units will continue to have the same lease and tenancy protections they have had since 1997’s law was passed.

The complete disregard of the Governor and the Senate leadership for the needs of millions of New York City residents has reinforced my belief that Albany is wholly incapable of fairly administering the city’s housing policies. The 1971 “Urstadt Law” which prohibits the city from imposing its own rent regulation policies must be repealed. I will join tenant advocates, many of my fellow legislators on the city and state levels, and all those who care about the future health and stability of New York City to fight for the immediate repeal of this antiquated and undemocratic law.

Despite the numerous disappointments of this year, you may rest assured that my commitment to the improvement of rent regulations and the expansion of affordable housing remains steadfast and unwavering. I look forward to continuing to work together to ensure that the Governor and both houses of the legislature address the urgency of the state’s housing crisis.

The Help America Vote Act

On July 9^th, I will be testifying at a Board of Elections hearing on implementation of the Help America Vote Act (HAVA), which, among other things, will require New York State to replace all its antiquated lever voting machines. I urge anyone interested in this issue to join me. The hearing will be held at 10:00AM in the Senate Hearing Room at 250 Broadway, 19^th floor (across from City Hall).

In the wake of election controversies in Florida during the 2000 presidential race, President Bush signed into law the Help America Vote Act of 2002, a bill intended to improve the quality and reliability of elections across the country. The bill includes many highly specific requirements, but also accords each state considerable leeway in shaping its own election procedures. As a result, HAVA is both a tremendous opportunity and a great challenge for the people of New York; the effectiveness of the legislation will depend largely on how successfully it is implemented.

Unfortunately, the Draft Plan presented by the Board of Elections suggests that New York State will not take full advantage of the opportunities presented by HAVA. My primary concern with the draft plan is that it is unnecessarily vague. This is particularly troubling because it limits the ability of the public to participate in a meaningful way in the decisionmaking process, and instead leaves most of the key decisions regarding HAVA implementation to the discretion of the New York State Board of Elections. This is troubling both because it violates the spirit of HAVA, and because it creates the likelihood that HAVA will be implemented through a series of backroom political deals, rather than through meaningful public deliberation.

One of the major deficiencies in the draft plan is the lack of details as to how the voting system guidelines in HAVA will be implemented. The plan indicates that “the State Board will develop, in consultation with county election officials, strategies for the purchase and statewide implementation of new election day voting systems which are HAVA compliant,” but offers no details beyond this as to what these strategies will be, and indicates no role for the public in ensuring that the voting systems that are adopted comply with both the letter and the spirit of HAVA. The Implementation Plan should provide a detailed description as to how the criteria in HAVA will be implemented in New York State. Of specific concern are details as to what process will be used to select vendors, how the new voting system will ensure access for people with disabilities and voters with limited proficiency in English, and what mechanisms will be put in place to ensure the integrity of the voting process, and to allow for verification of election results.

I am also concerned that the Draft Plan is not specific enough with regards to how it will minimize the effects of antidemocratic identification requirements included in HAVA. The board should establish a broad and exhaustive list of acceptable forms of identification and ensure that all board officials and election-day workers are fully educated regarding these acceptable forms of identification. This is particularly important in New York City, where many people do not have driver’s licenses and other more traditional forms of identification.

The draft plan should also address flaws in New York State’s current provisional voting system. HAVA provides that voters who feel they are eligible to vote, but who are not cleared to vote by election officials, may cast a provisional vote, which will be counted according to procedures set by the state. Current New York state law governing the counting of provisional votes is impossibly stringent: provisional votes are counted only if voters are at their exact polling sites and election districts and if there are no stray marks on the envelope. The task force should recommend to the State Legislature that these unduly burdensome requirements be removed. Current provisional voting standards will disenfranchise many eligible voters simply because they are voting at the wrong polling site or election district. It imposes an unnecessary double standard on provisional voters—many of whom are immigrants or first-time voters who are unfamiliar with the administrative procedures governing elections.

Another issue of concerns is that the State’s implementation plan makes no mention of testing requirements for election workers. Statewide uniform testing will be particularly important as electronic systems replace more traditional machines. Election workers must demonstrate their proficiency with new voting systems before Election Day, in order to ensure that workers have gained sufficient knowledge to use the new voting machines.

It is clear that much remains to be done to ensure that New York State uses the opportunities presented by HAVA to develop the best voting system possible for the state. I fear that the draft implementation plan squanders that opportunity, by avoiding many of the issues that must be addressed in order to improve our election system. If the Board does not allow for such participation, they will undermine the legitimacy of the electoral process in the eyes of the voters. I urge all concerned with the integrity of our election system to express your opinions to the Board of Elections at tomorrow’s hearing or by submitting written testimony to Mr. Peter Kosinski, State Board of Elections, 40 Steuben Street Albany, New York 12207. Comments must be received by July 23, 2003.

__________________________________________________________________________________________

District Office: 211 East 43^rd Street, Suite 1300, New York NY 10017 (212) 490-9535 Fax: (212) 490-2151

Albany Office: Room 302, Legislative Office Bldg., Albany NY 12247 (518) 455-2297 Fax: (518) 426-6874

On the Web at http://www.lizkrueger.com