Regular Session - April 5, 1993
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8 ALBANY, NEW YORK
9 April 5, 1993
10 1:07 a.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR STAN LUNDINE, President
18 STEPHEN F. SLOAN, Secretary
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2311
1 P R O C E E D I N G S
2 THE PRESIDENT: Senate will come
3 to order.
4 There will be order in the
5 chamber.
6 Senator Present.
7 SENATOR PRESENT: Mr. President.
8 We haven't adjourned until the presiding officer
9 up there says we are adjourned.
10 THE PRESIDENT: I adjourned the
11 session from the 4th of April until 1:07. I
12 then reconvened the new session.
13 SENATOR PRESENT: I'm sorry,
14 sir. I didn't hear you reconvene.
15 THE PRESIDENT: Well, it's
16 understandable because there is a bit of noise
17 in the chamber, but there is not now.
18 We are reconvened.
19 SENATOR PRESENT: We are
20 reconvened. Shall we have our salute to the
21 flag?
22 THE PRESIDENT: I would like to
23 ask everyone to rise and repet the Pledge of
2312
1 Allegiance with me.
2 (Whereupon, the Senate joined in
3 the Pledge of Allegiance to the Flag. )
4 THE PRESIDENT: In the absence of
5 clergy, I would like to ask for a moment of
6 silence.
7 (Whereupon, there was a moment of
8 silence. )
9 Secretary will read the minutes
10 -- or the Journal.
11 THE SECRETARY: In Senate,
12 Sunday, April 4. The Senate met pursuant to
13 adjournment. The Journal of Saturday, April 3,
14 was read and approved. On motion, Senate
15 adjourned.
16 THE PRESIDENT: Hearing no
17 objection, the Journal stands approved as read.
18 Senator Present.
19 SENATOR PRESENT: Mr. President.
20 I move that we recess until tomorrow at -- today
21 at 9 a.m.
22 In behalf of Senator Levy, there
23 will be a Republican Conference in 332 at 9:00
2313
1 a.m.
2 THE PRESIDENT: I'm sorry.
3 Senator Present, would you repeat the
4 announcement?
5 SENATOR PRESENT: I move that we
6 recess until 9:00 a.m. of this day and that
7 there will be -
8 SENATOR GOLD: Mr. President.
9 (The President gaveled for
10 order. )
11 THE PRESIDENT: I still -- the
12 Senate is reconvening at 9:00 a.m., is that the
13 message?
14 SENATOR PRESENT: Until 9:00 a.m.
15 THE PRESIDENT: Right.
16 Senator Mendez.
17 SENATOR MENDEZ: There will be a
18 Democratic Conference today at 9:00 a.m.
19 SENATOR GOLD: Mr. President.
20 THE PRESIDENT: Senator Gold.
21 SENATOR GOLD: If I can make an
22 inquiry of the Chair. My understanding is, now,
23 that we are in recess. The Journal Clerk has a
2314
1 tally on those here, and if we go into session
2 at 9:00 o'clock and somebody should happen to be
3 late, we will be voting about 57 or 60 seats.
4 Is that correct? It just might be an incentive
5 for people to come on time.
6 THE PRESIDENT: Senator Present.
7 SENATOR PRESENT: I repeat that
8 there will be a Republican -- on behalf of
9 Senator Levy, there will be a Republican
10 Conference at 9:00 a.m., conference this
11 morning.
12 THE PRESIDENT: A Republican
13 Conference at 9:00 a.m.
14 SENATOR OHRENSTEIN: Both -
15 THE PRESIDENT: Senator
16 Ohrenstein.
17 SENATOR OHRENSTEIN: Mr.
18 President. Both times are 9:00 a.m. sharp; is
19 that correct?
20 THE PRESIDENT: 9:00 a.m. sharp
21 for both conferences.
22 (Whereupon, at 1:11 a.m., Senate
23 recessed. )
2315
1 (Whereupon, at 11:42 a.m. , the
2 Senate reconvened. )
3 THE PRESIDENT: Senate will come
4 to order. Senate will reconvene the session
5 that was convened at approximately 1:07 this
6 morning.
7 Senator Present.
8 SENATOR PRESENT: Mr. President.
9 In behalf of Senator Stafford, I would like to
10 call an immediate meeting of the Finance
11 Committee in Room 332. We will stand at ease
12 pending the report of that committee.
13 THE PRESIDENT: Finance
14 committee, immediate meeting.
15 The Senate will stand at ease.
16 (Whereupon, at 11:42 a.m., the
17 Senate was at ease. )
18 (Whereupon, at 12:01 p.m., Senate
19 reconvened. )
20 THE PRESIDENT: Senate will come
21 to order.
22 Senator Present.
23 SENATOR PRESENT: Will you
2316
1 recognize Senator Goodman.
2 THE PRESIDENT: Senator Goodman.
3 SENATOR GOODMAN: Mr. President.
4 I believe there is a privileged resolution at
5 the desk and I ask that its title be read.
6 THE PRESIDENT: Secretary will
7 read.
8 THE SECRETARY: Legislative
9 Resolution, by Senator Goodman, congratulating
10 Mr. Alvin E. Coleman upon the occasion of his
11 95th birthday on April 7, 1993.
12 THE PRESIDENT: On the
13 resolution. All those in favor, say aye.
14 (Response of "Aye.")
15 Opposed, nay.
16 (There was no response. )
17 The ayes have it. The resolution
18 is adopted.
19 SENATOR FARLEY: Mr. President.
20 THE PRESIDENT: Senator Farley.
21 SENATOR FARLEY: Just for my
22 colleagues in the chamber. Yesterday a
23 resolution was adopted declaring National
2317
1 Library Week. I open it up to the entire
2 membership if they wish to be on it. Even
3 though the resolution passed yesterday, the
4 resolution is open. I know that you have been
5 very busy, and a number of members asked me
6 about it. So if you wish to be on that, would
7 you please approach the desk. It's the National
8 Library Week Resolution.
9 THE PRESIDENT: Senator Present.
10 SENATOR PRESENT: Mr. President.
11 Is there a report of a standing committee at the
12 desk?
13 THE PRESIDENT: There is.
14 SENATOR PRESENT: May we have
15 that report read.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: Senator Stafford,
19 from the Committee on Finance, reports the
20 following bills directly for third reading:
21 Senate Budget Bill 653B, aid to
22 localities budget.
23 Senate Bill Number 4366, by the
2318
1 Committee on Rules, an act to amend the Tax Law,
2 in relation to retaining the 1993, the state
3 personal income tax rates and standard deduction
4 amounts.
5 Assembly Budget Bill, Assembly
6 Bill Number 1354A, an act making appropriations
7 for the support of government. Excuse me. It's
8 the Senate bill that's being reported directly
9 for third reading. Senate Bill 654B, Senate
10 budget bill.
11 Senate Bill Number 4365, by the
12 Committee on Rules, an act to amend the Highway
13 Law, the Public Authorities Law, and the State
14 Finance Law.
15 Senate Bill Number 4364, Senate
16 Budget Bill, an act to amend chapter of the laws
17 of 1993, enacting the aid to localities budget.
18 Senate Bill Number 4363, by the
19 Committee on Rules, an act to amend the Public
20 Health Law, in relation to extending the
21 provisions of the supplementary low income
22 patient adjustment.
23 THE PRESIDENT: Without
2319
1 objection, third reading.
2 Senator Present.
3 SENATOR PRESENT: Mr. President.
4 Let's take up Calendar 408, which is Senate
5 6353B.
6 THE PRESIDENT: Secretary will
7 read.
8 THE SECRETARY: Calendar Number
9 408, Senate Budget Bill, Senate Bill Number
10 653B, an act making appropriations for the
11 support of government and to amend Chapter 53 of
12 the Laws of 1992.
13 SENATOR PRESENT: Mr. President.
14 Is there a message of necessity at the desk?
15 THE PRESIDENT: There is a
16 message.
17 SENATOR PRESENT: I move that we
18 accept the message.
19 THE PRESIDENT: All those in
20 favor of the motion, say aye.
21 (Response of "Aye.")
22 Opposed, nay.
23 (There was no response. )
2320
1 The ayes have it.
2 The message is agreed to -- or
3 the motion is agreed to. The message is
4 accepted.
5 THE SECRETARY: Senator Stafford
6 moves to discharge the Committee on Finance from
7 Assembly Bill Number 1353A and substitute it for
8 the identical Senate Bill 653B.
9 THE PRESIDENT: Substitution
10 ordered.
11 Last section.
12 SENATOR LEICHTER: Mr. President.
13 THE PRESIDENT: Senator Leichter.
14 SENATOR LEICHTER: Maybe it's
15 indicative of how we do business here that a
16 bill of this magnitude which really so directly
17 affects every person in this state is about to
18 pass without any comment and without -- and on a
19 fast roll call.
20 Mr. President, I think that all
21 of us here have to admit that we probably know
22 very little of what is in this budget. We may
23 know about one or two programs that we're
2321
1 interested in. I'm not suggesting that every
2 member has to know how every dollar is spent,
3 but certainly we have the right to know more
4 than we do about this budget.
5 This bill was printed, I believe,
6 at 4:00 or 5:00 a.m. Most of us have had about
7 an hour, not only members of the Minority
8 but members of the Majority, running around
9 frantically trying to find out what programs are
10 in and what programs aren't in.
11 I want to say that on our side,
12 and I'm sure it's true on your side, we have
13 certainly been helped by staff. But the whole
14 budget process is so centered in the
15 negotiations between the Speaker, the Majority
16 Leader, the Governor and their staff, that the
17 members are really almost totally excluded.
18 I find a number of reasons to
19 vote against this bill besides the fact that the
20 whole budget process here is really so flawed.
21 One reason is the terrific growth in what I
22 would call parochial items. I'm not suggesting
23 that there aren't times when needs of a
2322
1 particular district in a locality shouldn't be
2 addressed in the budget on the recommendation of
3 member or members who represent that district,
4 but we have seen an enormous growth.
5 I'm not just talking about member
6 items. I'm talking about the ability,
7 particularly, that the Majority in this house
8 has taken of putting in projects in their
9 district. So instead of addressing statewide
10 needs, we more and more seem to address these
11 particular local needs which may make good local
12 campaign propaganda but certainly don't make
13 good public policy.
14 I mean just as I look through
15 this 500-page bill, I see so many items there
16 for Nassau and Suffolk, 100,000 here, 200,000
17 there and so on. I think the Island is going to
18 sink another foot.
19 But, Mr. President, I think that
20 also reflects the fact that budgeting in this
21 state, particularly in the last few years, is
22 really out of control. The process is so badly
23 flawed.
2323
1 I want to say that there's also a
2 number of very important programs that we failed
3 to address because we didn't provide enough
4 revenue so that we could fund those programs.
5 It seems to me that there's many needs
6 throughout this state that we have now cast on
7 the localities. I did a study some couple years
8 ago which showed how the burden on the locality
9 has grown because the state has not provided the
10 help that it should. In all fairness, most of
11 that is due to cutback in federal support. But
12 some of it is also due in the amount of monies
13 that the state makes available. So when, as we
14 had last year, members from suburban areas
15 particularly from Long Island got up and had all
16 these proposals to set up study commissions to
17 study why the real estate tax is so high, well,
18 the real estate tax is so high because you pass
19 this sort of a budget, and the localities have
20 to pick up more and more of programs, have to
21 meet social concerns and needs more and more
22 that really we ought to be meeting here.
23 So, Mr. President, I guess we
2324
1 ought to be happy that we're not doing it at
2 5:00 a.m. or 6:00 a.m. We are doing it at a
3 relatively reasonable hour, but I don't think
4 any of us can take much comfort in the process
5 that has brought the bill to us at this
6 particular time and has given us so little time
7 to give it real serious consideration.
8 THE PRESIDENT: Senator Present.
9 SENATOR PRESENT: Mr. President.
10 Can we lay this bill aside temporarily?
11 THE PRESIDENT: The bill is laid
12 aside.
13 SENATOR PRESENT: Call up 410.
14 THE PRESIDENT: Secretary will
15 read.
16 THE SECRETARY: Senator Stafford
17 moves to discharge the Committee on Finance from
18 Assembly Bill Number 1354A and substitute it for
19 the identical Senate Bill 654B.
20 THE PRESIDENT: Substitution
21 ordered.
22 SENATOR PRESENT: Mr. President.
23 Is there a message at the desk for the bill?
2325
1 THE PRESIDENT: There is a
2 message.
3 SENATOR PRESENT: I move we
4 accept the message.
5 THE PRESIDENT: On the motion.
6 All in favor, say aye.
7 (Response of "Aye.")
8 Opposed, nay.
9 (There was no response. )
10 The ayes have it. The motion is
11 agreed to. The message is accepted.
12 THE PRESIDENT: Senator Waldon.
13 SENATOR WALDON: Thank you, Mr.
14 President. I believe there is an amendment at
15 the desk. I waive its reading and respectfully
16 request an opportunity to explain my amendment.
17 THE PRESIDENT: Senator Waldon is
18 recognized.
19 SENATOR WALDON: Thank you, Mr.
20 President. I, with the amendment, hope to have
21 removed from this bill lines 14 through 21 on
22 page 259, which would result in in excess of
23 $600,000 being removed from the capital projects
2326
1 fund, marine projects purpose area of the marine
2 resources portion of the bill.
3 The reason for that, Mr.
4 President, is that the area I serve has been
5 very negatively impacted by three storms, the
6 one of Halloween in '92, the one in December of
7 '93, and the blizzard of March of this year;
8 and yet, those areas have not been appropriately
9 serviced by this particular agency, and I think
10 that that money could be better spent if it were
11 to be utilized to correct the problems resulting
12 from those storms in my district. So I
13 respectfully request that this body consider my
14 amendment and act appropriately.
15 THE PRESIDENT: The question
16 occurs on the amendment of Senator Waldon.
17 All those in favor, say aye.
18 (Response of "Aye.")
19 Opposed, nay.
20 (Response of nay. )
21 In the opinion of the Chair, the
22 nays have it.
23 SENATOR WALDON: On the
2327
1 amendment, Mr. President. Specifically there is
2 an area in the district in the Rockaways which
3 has been battered and beaten by these storms.
4 That area has as a condition now bulkheads down
5 and in disrepair, sand erosion on the beaches
6 and that area of the beaches that is now under
7 water. We have a severe problem in terms of the
8 quality of life in places in the district like
9 Breezy Point and 95th Street along the beach and
10 boardwalk of Rockaway and in areas not in the
11 district; for example, Broad Channel, where
12 there are houses actually teetering and
13 tottering in the water, and I have inspected
14 them personally, and I think that when an agency
15 is empowered -- not empowered. Let me correct
16 that. When an agency is mandated to be of
17 service to the communities and does not respond
18 to phone calls, does not react with dispatch on
19 applications for bulkhead repairs and
20 corrections regarding the beaches, then that
21 agency is remiss.
22 All of us who are either in
23 appointive office or elective office are
2328
1 servants of the public, no more, no less. And I
2 submit that Region 2 of the DEC has failed in
3 its responsibilities to the people I serve, and
4 I hope that someone is listening who will
5 correct that wrong and someone is listening who
6 will determine that people who are in acting
7 positions as regional directors will never
8 become permanent in those positions, and I hope
9 that someone will recognize that the people of
10 Rockaway, the people of Breezy Point, the people
11 of the 10th Senatorial district, deserve better
12 and the next time around, if there is a next
13 time, when the cry goes out for help that
14 someone will follow the mandate not only of
15 government but of their particular agency and
16 extend a helping hand.
17 I thank you for this opportunity
18 to explain my amendment, Mr. President, and I
19 thank my colleagues for their indulgence.
20 THE PRESIDENT: Senator
21 Masiello.
22 SENATOR MASIELLO: Can somebody
23 in the chamber answer a question on the
2329
1 Corrections part of the budget, the capital?
2 SENATOR STAFFORD: What area?
3 SENATOR MASIELLO: Work release
4 in prisons, construction, renovation,
5 rehabilitation of, acquisition of.
6 SENATOR STAFFORD: Got it. Got
7 it.
8 SENATOR MASIELLO: In the
9 language, in the memo I have, Senator Stafford,
10 it states that -- excuse me for a second.
11 Buffalo day reporting work release site cannot
12 be expended for design, acquisition, renovation,
13 or construction of these facilities until the
14 Commissioner has received approval from the
15 Temporary President of the Senate and the
16 Speaker of the Assembly.
17 Now, what role do we as Minority
18 members have in that decision-making process if
19 any of these facilities are within our
20 districts?
21 SENATOR STAFFORD: Well, I would
22 explain this, Senator, and I certainly
23 understand your concern, and I think I can
2330
1 appreciate where you are coming from.
2 You know, it would be great if 61
3 Senators and 150 Assemblymen could just do what
4 they want to do. We just -- you know, we could
5 just go our own ways, only our own bills pass,
6 et cetera. Obviously, that's ridiculous.
7 With this, we elect a Majority
8 Leader. You have the opportunity -- I believe
9 you were a little active last fall in certain
10 projects, so that maybe you would have had
11 something to say about what you are concerned
12 about.
13 But it's the Majority Leader and
14 the Speaker. Now, the Speaker if you aren't -
15 I'm sure you are -- but the Speaker is like the
16 Majority Leader over here. You understand that.
17 SENATOR MASIELLO: Yes, I have
18 been here 12 years. I understand the function
19 of the Speaker.
20 SENATOR STAFFORD: Right. And,
21 therefore, they have their constituencies which
22 in the Assembly is the Speaker; the Majority
23 Leader has his constituency in the Senate; and
2331
1 they represent us.
2 SENATOR MASIELLO: Would you
3 yield to another question, Mr. -
4 SENATOR STAFFORD: Go ahead.
5 SENATOR MASIELLO: Senator
6 Stafford, what do you mean by I was active in
7 certain projects last fall?
8 SENATOR STAFFORD: You were
9 active, I believe, which you have every right to
10 be in trying to possibly make sure that the
11 Majority changed here.
12 SENATOR MASIELLO: Wait a
13 minute. Are you saying that because of my role
14 and perhaps other activities that are not
15 legislative but political that I'm going to be
16 punished for that or I have no say-so on what
17 goes into my district?
18 SENATOR STAFFORD: Not at all.
19 You're making a big mistake. I didn't say
20 "punished" at all. I said that the Majority
21 Leader represents this body in this legislation,
22 and we are his constituency. Sixty-one of us
23 can't get together and decide something like
2332
1 this for Commissioner Coughlin. That's what I'm
2 saying.
3 SENATOR MASIELLO: The reason why
4 I asked that question, Senator, and other
5 Senators is that there is a possibility, and it
6 does specify here, that there could be a Buffalo
7 day reporting work release program in my
8 district. And, quite frankly, there has been a
9 lot of meetings in Buffalo about a particular
10 site for work release.
11 Obviously, when you do something
12 like this, it's a very controversial issue. I
13 want to state for the record that I helped
14 people get in work release. I know the value of
15 it. I know there's going to be some problems
16 with it. But, quite frankly, with the
17 overcrowding in our prisons, work release
18 overall is a good project and a good program.
19 However, in my particular area
20 and this particular site in Buffalo, there is a
21 lot of controversy; that people who live in and
22 around that facility are opposed to it.
23 And the reason why I ask the
2333
1 question is that some place, somewhere down the
2 line, there is going to be a decision made on
3 that facility or some other facility within my
4 Senatorial District, and I just want to know
5 what role I will have in that decision-making
6 process with the President of this Senate.
7 That's my question.
8 SENATOR STAFFORD: I'm sure he
9 will take under consideration any concerns you
10 have. I also have a facility that's in this
11 legislation, and I'm very anxious for it to be
12 built.
13 SENATOR MASIELLO: I'm glad you
14 are going to have some say-so in your facility
15 in your district and rightfully so, Senator
16 Stafford. I just want afforded to me the same
17 kind of legislative privilege.
18 THE PRESIDENT: Last section.
19 SENATOR STAFFORD: Excuse me one
20 second. As a matter of fact, I think your
21 concerns have been represented, Senator, and I
22 will be glad to talk to you in detail
23 afterwards.
2334
1 SENATOR MASIELLO: Fine. Thanks.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll. )
8 SENATOR HOFFMANN: I would like
9 to explain my vote.
10 THE PRESIDENT: Senator Hoffmann
11 is recognized to explain her vote.
12 SENATOR HOFFMANN: I'm a little
13 concerned, Mr. President, at the lack of time
14 afforded the members of this house to thoroughly
15 digest this volume of information, in only this
16 one section of the budget, in this capital
17 projects budget. We have not had an opportunity
18 to read, digest, much less review in committee
19 meetings or with our constituents the material
20 contained herein.
21 Much of it is very similar to
22 what the Governor originally presented to us,
23 I'm sure. But it's absolutely absurd that we're
2335
1 being asked to vote on something without at
2 least a few days, much less a few weeks,
3 opportunity to review it.
4 I vote in the negative.
5 THE PRESIDENT: Senator Hoffmann
6 votes no.
7 SENATOR DOLLINGER: To explain my
8 vote, Mr. President.
9 THE PRESIDENT: Senator Dollinger
10 is recognized to explain his vote.
11 SENATOR DOLLINGER: Mr.
12 President. I want to join in the concurring
13 thoughts of both Senator Leichter and Senator
14 Hoffmann. I, too, am 169 pages through this
15 document. And, frankly, I'm astounded at what I
16 see in it. The time for debate, I guess, has
17 come and gone. The time for serious discussion
18 about what this all means to the taxpayers of
19 this state is gone.
20 Frankly, I was elected because
21 people were sick and tired of doing business
22 this way, and I think that voting for this or,
23 frankly, any other portion of the spending and
2336
1 budget process would be a betrayal of the people
2 that I was elected on the basis of changing the
3 way we do business.
4 Seems to me this is more business
5 as usual, and I can't support it, Mr. President.
6 THE PRESIDENT: Senator Dollinger
7 votes no.
8 Senator Masiello -
9 SENATOR MASIELLO: Let me explain
10 my vote.
11 THE PRESIDENT: -- is recognized
12 to explain his vote.
13 SENATOR MASIELLO: This
14 particular issue in Buffalo has been around for
15 quite some time. I have had dialogue with
16 Senator Volker. I know that the Majority Leader
17 is aware of that particular situation. I'm
18 comfortable that I will have a role and input in
19 any future discussions. Therefore, I'm going to
20 vote yes on that capital budget because I
21 believe there are a lot of things in that budget
22 that are important to the state, that are
23 important to my constituency. And as long as I
2337
1 have a role in that decision-making process, I'm
2 comfortable with that.
3 THE PRESIDENT: Senator Masiello
4 votes yes.
5 Clerk will call the roll.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 410 are Senators
8 Dollinger, Hoffmann, Jones, Kuhl, Pataki and
9 Paterson. Ayes 54. Nays 6.
10 THE PRESIDENT: The bill is
11 passed.
12 Senator Present.
13 SENATOR PRESENT: Calendar 411.
14 THE PRESIDENT: Secretary will
15 read.
16 SENATOR PRESENT: Senate 4364.
17 THE SECRETARY: Calendar Number
18 411, Senate Budget Bill, Senate Bill Number
19 4364, an act to amend a chapter of the Laws of
20 1993 enacting the aid to localities budget.
21 SENATOR PRESENT: Mr. President,
22 is there a message of necessity at the desk?
23 THE PRESIDENT: There is a
2338
1 message. The Chair will state that we need to
2 substitute the bill. I believe the Assembly has
3 acted.
4 The Secretary will read.
5 THE SECRETARY: Senator Stafford
6 moves to discharge the Committee on Finance from
7 Assembly Bill Number 7590, and substitute it for
8 the identical Senate Bill 4364.
9 THE PRESIDENT: Substitution
10 ordered.
11 Now, there is a message at the
12 desk.
13 SENATOR PRESENT: I move we
14 accept the message.
15 SENATOR PRESENT: On the motion.
16 All those in favor, say aye.
17 (Response of "Aye.")
18 Opposed, nay.
19 (There was no response. )
20 The ayes have it. The motion is
21 agreed to. The message is accepted.
22 Read the last section.
23 THE SECRETARY: Section 2. This
2339
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes -
5 SENATOR MENDEZ: Mr. President.
6 THE PRESIDENT: Senator Mendez.
7 SENATOR MENDEZ: To explain my
8 vote. Mr. President. I'm going to support this
9 budget bill. I think it's very badly needed in
10 our communities so that the local governments
11 will have to spend extra money in interest if we
12 are tardy in sending in the monies.
13 However, there is an item in this
14 budget that I hope eventually will be
15 reconsidered. I am referring to an
16 appropriation of funds for $500,000 for sex
17 therapy for sex offenders. Mr. President, sex
18 crimes and abuse among children is increasing in
19 an enormous fashion not only in this great state
20 but also throughout the nation. Rape is the
21 fastest growing crime, and there are reasons to
22 believe that once in prison the sex offender is
23 very difficult to rehab because something went
2340
1 wrong in their psychosexual development.
2 So, therefore, I hope that
3 eventually, before this session is over, my
4 colleagues here would take steps to insure -- to
5 insure that sex offenders are made to remain in
6 prison for as long as possible. The priority in
7 this area, Mr. President, has to be the safety
8 of children and women in the state of New York.
9 Thank you. But I vote yes on the
10 bill.
11 THE PRESIDENT: Senator Mendez
12 votes yes.
13 Senator Stachowski.
14 SENATOR STACHOWSKI: Mr.
15 President. Could either Senator Stafford or
16 Senator Levy yield to a question on the Suburban
17 Highway Improvement Program.
18 SENATOR LEVY: Yes, sure.
19 SENATOR STACHOWSKI: I said that,
20 because I know Norman did a lot of the
21 transportation.
22 Can you explain this to me, what
23 this is?
2341
1 THE PRESIDENT: There will be
2 order in the chamber. If there are
3 conversations other than those for the Senators
4 who have been recognized that are necessary, I
5 would like to ask you to leave the chamber.
6 There will be order in the chamber.
7 Senator Stachowski has the floor,
8 and he yielded to Senator Levy.
9 SENATOR LEVY: Can we just hold
10 for a moment?
11 THE PRESIDENT: Sure.
12 SENATOR LEVY: Senator, this is
13 the Governor's bill, and this language is
14 extracted out of local assistance because of the
15 court decision. Otherwise, this language would
16 be in the local assistance budget.
17 SENATOR STACHOWSKI: I just want
18 to know what the program is. Do I ask the
19 question here or do I wait until later when we
20 get to -
21 SENATOR LEVY: This is the mass
22 transit operating assistance program which
23 relates to all subsidy funding for mass
2342
1 transportation statewide.
2 SENATOR STACHOWSKI: The only
3 question I have is what is -- I just wanted an
4 explanation of what is the Suburban Highway
5 Improvement Program? What does that particular
6 program do? It's $35 million. That's all I want
7 to know.
8 SENATOR LEVY: Senator, that's in
9 the next bill.
10 SENATOR STACHOWSKI: Well, it's
11 in the local assistance.
12 SENATOR LEVY: Yes. It's not in
13 this bill. It's in 4365.
14 SENATOR STACHOWSKI: I can ask
15 that same question later, because it's listed in
16 this bill too.
17 SENATOR LEVY: It's 4365.
18 SENATOR STACHOWSKI: Okay. I'll
19 ask it later.
20 SENATOR LEVY: I will be happy to
21 answer it for you.
22 SENATOR STACHOWSKI: No, I'll ask
23 it later, but it's listed here too.
2343
1 THE PRESIDENT: The Secretary is
2 taking the roll. Is there any other negative
3 vote, Assembly Bill 7590? It's the chapter
4 amendment on the aid to localities. Senate
5 4364.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 411 are Senators
8 Dollinger, Hoffmann, Jones, Nolan and Pataki.
9 Ayes 55, nays 5.
10 THE PRESIDENT: The bill is
11 passed.
12 Senator Present.
13 SENATOR PRESENT: Mr. President.
14 I would like to announce an immediate meeting of
15 the Rules Committee in Room 332.
16 THE PRESIDENT: Rules Committee,
17 immediate meeting.
18 SENATOR PRESENT: Mr. President,
19 may we call up Calendar 412, Senate 4365.
20 THE PRESIDENT: Secretary will
21 read.
22 THE SECRETARY: Calendar Number
23 412, by the Senate Committee on Rules, Senate
2344
1 Bill Number 4365, an act to amend the Highway
2 Law, the Public Authorities Law, the State
3 Finance Law and the Transportation Law.
4 SENATOR PRESENT: Mr. President,
5 is there a message of necessity at the desk?
6 THE PRESIDENT: There is a
7 message.
8 SENATOR PRESENT: I move we
9 accept the message.
10 THE PRESIDENT: On the motion.
11 All those in favor, say aye.
12 (Response of "Aye.")
13 Opposed, nay.
14 (There was no response. )
15 The ayes have it. The motion is
16 agreed to. The message is accepted.
17 SENATOR STACHOWSKI: Mr.
18 President.
19 THE PRESIDENT: Senator
20 Stachowski.
21 SENATOR STACHOWSKI: Would
22 Senator Levy yield to a question.
23 SENATOR LEVY: I understand the
2345
1 question, Senator. Senator, what collectively
2 we tried to do with this transportation
3 financing package and achieve, whether it was
4 the Governor, the Assembly, or the Senate, was
5 to have a fair and just distribution regionally
6 of funds. Because of certain formulas on the
7 federal side of the equation as it related to
8 state highway and bridge funding and local
9 highway and bridge funding, there were
10 inequities as it relates to the Mid-Hudson
11 region which includes all of the counties, the
12 suburban counties served by Metro-North plus
13 Ulster and Columbia County and Long Island. So
14 what we did was to generate a pool, the three
15 legs of the triangle here in Albany, a pool of
16 140 million. Actually, it was a pool of $290
17 million. $150 million went to enhance CHIPS and
18 Marchiselli. CHIPS significantly helps upstate
19 to counterbalance the inequities in the overall
20 program and through the distribution of monies
21 pursuant to the CHIPS formula, a Suburban
22 Highway Trust Fund was created, as I said, to
23 help Mid-Hudson and to help Long Island. That's
2346
1 what this does.
2 We will, pursuant to a chapter,
3 by June 15 determine -- along with a memorandum
4 of understanding that identifies the projects on
5 a state highway and bridge level that are to go
6 forward as a part of this agreement, we will be
7 doing a chapter determining how that money will
8 be distributed in the Mid-Hudson region and on
9 Long Island.
10 SENATOR STACHOWSKI: Mr.
11 President. Could Senator Levy yield to one more
12 question?
13 SENATOR LEVY: Yes, certainly.
14 SENATOR STACHOWSKI: Basically,
15 what I'm trying to find out -- and I appreciate
16 that part of the explanation -- is this part,
17 and maybe I have the wrong understanding about
18 this, but if a bridge in the area that's
19 covered by the Suburban Highway piece is done
20 for a locality as opposed to one maybe upstate
21 that would be done with Marchiselli funding
22 available, would this program, the Suburban
23 Highway thing -- if the bridge is chosen and
2347
1 done on the memorandum, would that mean that the
2 whole bridge project is covered and done by this
3 fund, as opposed to if a bridge in, say, Senator
4 Volker's district is done with Marchiselli
5 funds, that the locality would therefore qualify
6 for Marchiselli funding, have to come up with
7 their share of the funding up front and then
8 slowly get it back; whereas, the localities that
9 come under the Suburban Program just have that
10 covered and they, therefore, would not have to
11 come up with any money themselves to get their
12 bridge work done?
13 SENATOR LEVY: Number one,
14 Senator, so you understand, in this agreement we
15 have doubled the amount of Marchiselli funding
16 as opposed to the historic levels.
17 And the answer to your question
18 is, number one, Marchiselli, is a state pickup
19 of a local match for federal funds, and most
20 local bridges are not going to qualify for
21 funding under the use of federal funds.
22 Now, to answer your question as
23 to what will happen, I can't answer it now. We
2348
1 can only answer it when we do the chapter
2 simultaneously with the memorandum of
3 understanding. Because this money -- this money
4 can be used either for state highways and state
5 bridges or local roads and local bridges. And
6 one of the things we're going to be doing in the
7 chapter that we will agree upon and pass is to
8 come up with a mechanism to determine whether
9 the money will be used for state highways and
10 state bridges or local roads and local bridges
11 and who is going to have the option. And we
12 can't answer that question now because it hasn't
13 been decided and that's why it's pursuant to a
14 chapter.
15 SENATOR STACHOWSKI: Mr.
16 President. If I can just ask one more question,
17 just so I can kind of explain my concern.
18 SENATOR LEVY: Yes.
19 SENATOR STACHOWSKI: Senator, I
20 understand all how Marchiselli works and whether
21 there is as much as last year or twice as much
22 doesn't play in my question. My question has to
23 do -- I know from your answer I can understand
2349
1 that we can't answer this particular question
2 until later. But just so you understand my
3 concern is that if a community falls under this
4 program and if, in fact, they have a bridge
5 chosen to be repaired that wouldn't have
6 qualified for federal funding or maybe would
7 have but never got federal funding, they would
8 have an opportunity if there is a different
9 mechanism than Marchiselli funding to get the
10 bridge repaired without the locality having to
11 come up with the money up front. Where under
12 Marchiselli funding because of the change made a
13 couple years ago to save the program, the
14 formula now becomes -- for example, Buffalo has
15 a bridge to get done. They are eligible for
16 Marchiselli funding. The amount that Buffalo's
17 share comes out to under Marchiselli funding is
18 say, for example, 4 to $5 million. That means
19 the city of Buffalo on the start-up of that
20 project has to come up with $4 million up front
21 to qualify to get the Marchiselli funding. And
22 as the bridge is being built and the money is
23 being spent, as that $4 million starts being
2350
1 spent, they get it back. But the fact is
2 Buffalo or whatever locality has to come up with
3 that amount of money up front because of the
4 change in the Marchiselli mechanism. Where,
5 under your program, I'm just trying to find out
6 if, in fact, you do bridges, would it have any
7 kind of mechanism like that; or would it be a
8 much better program where, if they qualify, they
9 get the money?
10 SENATOR LEVY: Okay. There's
11 really two answers to your question. Your
12 question may be totally academic because the
13 solution that we come up with may -- may result
14 in only state highways and state bridges being
15 done, so we don't get to that question.
16 The second answer is if we do
17 have a local highway and bridge program through
18 that chapter, we expect to structure it so it's
19 the same as -
20 SENATOR STACHOWSKI: That's -
21 that's basically -- thank you very much.
22 SENATOR LEVY: But, again, it's
23 something we are all going to have to agree on
2351
1 and pass.
2 SENATOR STACHOWSKI: Thank you.
3 THE PRESIDENT: Senator
4 Hoffmann.
5 SENATOR HOFFMANN: Yes. What we
6 really need in this chamber is a truth in
7 labeling bill. Because this euphemism here for
8 this particular piece of legislation that
9 relates to the state's transportation
10 infrastructure system makes technical
11 alterations which impact on the expenditure of
12 appropriations and reappropriation.
13 What that actually means is that
14 this is a raid on the locked box. We are now
15 violating an agreement that we made with the
16 taxpayers of this state to have a dedicated
17 transportation fund; and, instead, we are coming
18 up with a whole series of very convoluted back
19 door borrowing maneuvers to create other means
20 of financing some very necessary transportation
21 projects at the same time we are transferring
22 the money from the locked box into the general
23 fund. So truth in labeling -- truth in labeling
2352
1 is really needed for much of our legislation.
2 There is another aspect of this
3 that requires some truth in labeling; that is,
4 the whole concept of a chapter amendment. What
5 we're doing today is buying a pig in a poke
6 because we don't even know which highway
7 projects or bridge projects are going to be
8 used. We have to wait until later when we have
9 yet another labeling issue, a memorandum of
10 understanding, which translates here in Albany
11 into an agreement between the political
12 leadership of this house and the Governor.
13 I'll vote no.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 412 are Senators
22 DeFrancisco, Dollinger, Hoffmann, Jones and
23 Stachowski. Also Senator Kuhl. Ayes 54, nays
2353
1 6.
2 THE PRESIDENT: The bill is
3 passed.
4 Senator Present.
5 SENATOR PRESENT: Mr. President.
6 Can we take up Calendar 413, Senate 4363.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: Calendar Number
10 413, by the Senate Committee on Rules, Senate
11 Bill Number 4363, an act to amend the Public
12 Health Law, in relation to extending the
13 provisions of the supplementary low income
14 patient adjustment.
15 THE PRESIDENT: Senator Tully.
16 SENATOR TULLY: Mr. President.
17 Is there a message from the Governor?
18 THE PRESIDENT: There is not.
19 The bill will be laid aside.
20 SENATOR PRESENT: Mr. President.
21 THE PRESIDENT: Senator Present.
22 SENATOR PRESENT: Calendar Number
23 409, which is Senate 4366.
2354
1 THE PRESIDENT: Secretary will
2 read.
3 THE SECRETARY: Calendar Number
4 409, by the Senate Committee on Rules, Senate
5 Bill Number 4366, an act to amend the Tax Law,
6 in relation to retaining in 1993 the state
7 personal income tax rates and standard deduction
8 amounts.
9 SENATOR PRESENT: Mr. President.
10 Is there a message at the desk?
11 THE PRESIDENT: There is a
12 message.
13 SENATOR PRESENT: I move we
14 accept the message.
15 THE PRESIDENT: On the motion.
16 All those in favor, say aye.
17 (Response of "Aye.")
18 Opposed, nay.
19 (There was no response. )
20 The ayes have it. The motion is
21 agreed to. The message is accepted.
22 SENATOR LEICHTER: Mr. President.
23 PRESIDENT: Senator Leichter.
2355
1 SENATOR LEICHTER: Mr.
2 President. Is there an amendment at the desk?
3 THE PRESIDENT: There is an
4 amendment at the desk.
5 SENATOR LEICHTER: Mr.
6 President. I waive its reading.
7 THE PRESIDENT: Senator Leichter
8 is recognized.
9 SENATOR LEICHTER: And ask a
10 chance to explain it, and I will be brief.
11 This amendment is not only one
12 that I think has a lot of merit, but I think
13 it's symbolic of the things we can do to bring
14 more revenues into the state coffers and to do
15 it in a fair way and without in any way
16 negatively affecting the state's economic
17 competitiveness.
18 What this bill does is it
19 disallows deductions for interest on mortgages
20 on out-of-state property. There is absolutely
21 no reason why we in the state of New York should
22 be subsidizing by permitting interest deduction
23 on people who have ski condo's in Aspen or
2356
1 estates in Palm Beach. Yet we make it
2 attractive for people to finance out-of-state
3 acquisitions, out-of-state property because we
4 give an interest deduction.
5 Now, I have a number of other
6 proposals. I'm not going to move them. But it
7 just seemed to me that this was one that made
8 such eminent good sense.
9 But the point I really want to
10 make is that for years we have been doing our
11 budgets really in a straitjacket, and that
12 straitjacket is unfortunately due and created by
13 the Governor's obstinate refusal to consider any
14 revenue increase from broad-based fair taxes.
15 Instead, he's reverted to fancy gimmicks and so
16 on, but he has also starved the state treasury
17 at a time when there were revenue enhancement
18 measures that we could have taken. One, for
19 instance, is to raise the income tax on people
20 making more than $200,000. If anybody wants to
21 protect those people and say that they are
22 paying their fair share, you go ahead. I will
23 show you that they are not and that that would
2357
1 be a sensible way to raise more money.
2 There are loopholes in the law
3 such as the loopholes in interest deduction that
4 this amendment addresses that we should also
5 do. Unfortunately, the position of Governor
6 Cuomo -- and he must be one of the last persons
7 left in this country that believes in the "read
8 my lip" pledge. I'm sorry to be so harsh on the
9 Governor, but I think that it has limited our
10 ability to meet the needs of the people of the
11 state of New York, and I think it has hurt the
12 state's economic posture because the quality of
13 life in this state has very definitely declined
14 as we have been unable, through the budget, to
15 deal with a lot of needs that we should be
16 addressing here in New York State.
17 So this is a small step, just an
18 example of one of the things that we can do to
19 bring in revenue fairly which would then allow
20 us to meet with some of the unmet needs in the
21 state budget.
22 THE PRESIDENT: The question
23 occurs on the amendment of Senator Leichter.
2358
1 All those in favor, aye.
2 (Response of "Aye.")
3 Opposed, nay.
4 (Response of nay. )
5 In the opinion of the Chair, the
6 nays have it. The amendment is not agreed to.
7 SENATOR MARKOWITZ: Mr.
8 President.
9 THE PRESIDENT: Senator
10 Markowitz.
11 SENATOR MARKOWITZ: Thank you
12 very much. Just a few words, if I may. The
13 cigarette tax.
14 As a former smoker many, many
15 years ago, I think it's a laudable goal for the
16 Legislature, for all of us in government, to do
17 our part to convince New York residents either
18 to give up smoking and certainly to prevent
19 those that are growing up today -- teenagers, in
20 particular -- not to take up a bad habit.
21 The question is whether or not a
22 17-cent increase on cigarettes is the way to
23 go. Now, I know that this is agreed upon by the
2359
1 Legislature, but if -- if you can, think about
2 who this is going to fall on the worst.
3 Those smokers in the state that
4 are more affluent, frankly, this is going to
5 mean little to. But those that are poorer in
6 our society and for whatever reason choose to
7 continue to smoke, which is their right as
8 residents of this state, this will be a very
9 onerous tax on them.
10 Now, there is no question that I
11 know we needed the revenues in the state, and
12 certainly I want to re-emphasize my belief that
13 this state must remain committed to helping to
14 get our citizens, our residents off the smoking
15 habit. It is a laudable goal, a proper goal for
16 the state Legislature. But one of my concerns
17 is how it impacts on lower income residents of
18 the state.
19 The second aspect of it is, and I
20 mean this in great sincerity, we do have a
21 corporation in New York City and all of us know
22 that corporation by the name of Philip Morris.
23 And I know that every one of us that live in New
2360
1 York City feel as I do; and that is, that we
2 welcome their corporate location in New York
3 City, that what we are about to do -- what we
4 are about to do in no way -- in no way, is meant
5 as a slap at Philip Morris. Because I think
6 it's important that we say that, because they
7 are a very important corporation in our state.
8 They are one of the largest in the United States
9 that are still headquartered in New York City,
10 many thousands of employees in New York City,
11 and I think it's important that all of us
12 recognize that unlike many other major
13 corporations they are one of the few that really
14 do give back in so many ways to the residents of
15 the city of New York.
16 Now, I'm going to vote for this
17 bill including the tax increase on cigarettes
18 because I know it's agreed upon, but would I
19 hope that somehow in the future as we negotiate
20 budgets we think about how the impact of certain
21 increases in sin taxes will impact on people
22 that are poor as opposed to those who are
23 affluent and how we can appropriate more state
2361
1 money to provide educational programs to
2 convince the residents of the state to think
3 about not starting a habit which will be onerous
4 and detrimental to their health and to the
5 general society as a whole.
6 But I also want to emphasize,
7 Senator, that we hope. Philip Morris has been a
8 corporate citizen of New York City for many
9 years and I know that all of us hope and expect
10 and anticipate that they will continue to be for
11 the years ahead.
12 Thank you.
13 SENATOR VOLKER: Mr. President.
14 THE PRESIDENT: There will be
15 order in the chamber.
16 Senator Volker.
17 SENATOR VOLKER: Mr. President.
18 I didn't intend to speak, but I have spoken in
19 our conference on a number of occasions about
20 this, and I think it's important to say it. I
21 understand the problem that we have in this
22 budget with revenues. There is no question that
23 -- in fact, I assume -- although I read the
2362
1 press sometimes, I'm not exactly sure what the
2 press knows about the budget process.
3 Personally, I think we would have done two,
4 three days ago if it hadn't been for two
5 courts. In fact, as somebody said, maybe what
6 we should have done here a few days ago is to
7 pull back the judicial pay bill, and that would
8 make sure we weren't going to get any more
9 adverse decisions.
10 But I have to say because I think
11 it's a fact -- and I listened to Senator
12 Markowitz talk about the poor, and I suppose
13 there is an argument that the cigarette tax
14 would fall somewhat heavily on the poor. But I
15 must tell you, Senator, I have a suspicion -- I
16 talked to some of the health advocates about
17 this -- I think they are dead wrong in the issue
18 of cigarette tax.
19 I happen to be one of those
20 old-fashioned people that believes you don't
21 drive social policy with economic policy. This
22 business of thinking that you are going to make
23 people get off of oil by raising gasoline taxes,
2363
1 and this business of raising cigarette taxes and
2 that's going to keep people from smoking
3 cigarettes, and you raise the alcohol tax and
4 it's going to make people stop drinking. I
5 don't think it's ever really worked and I don't
6 think it's going to work.
7 But worse than that, let me tell
8 you something in western New York, and I happen
9 to know that it's something that happens across
10 the state. We were caught on this. The Senate
11 was trying to chop down this tax. I know there
12 were people calling me saying, "Don't chop it
13 down. Raise it. Raise it another 30 cents."
14 Well, let me tell you the
15 problem. Number one, you won't get anywhere
16 near the revenue that you are trying to get
17 because the law of diminishing returns will
18 dramatically bring down the amount of revenue.
19 Number two, I believe the amount cigarettes
20 that's going to be around is going to increase
21 dramatically, and I will tell you why.
22 There are Indian reservations in
23 every one of the districts in western New York
2364
1 and way upstate New York. And I know there are
2 Indian reservations in Central New York and
3 various places. If you don't think that people
4 are going to be running to those reservations in
5 droves to get cheap cigarettes and that those
6 cigarettes are going to be all over the state,
7 you are wrong. Now, that's only the Indians.
8 Then you got the border problem.
9 This increase in the cigarette tax is going to
10 drive the amount of cigarettes that are brought
11 in across the borders dramatically.
12 And then you got the problem up
13 at the Akwasasne reservation and the Mohawks,
14 where I'm told by the State Police, the biggest
15 problem they have up there right now is that
16 every night they confiscate either truckloads or
17 carloads of cigarettes that are going back and
18 forth in that reservation.
19 The problem I understand with the
20 revenue, but I want to tell and I'd like to tell
21 those health advocates, unfortunately, you have
22 been sold a bill of goods. And the problem is
23 that we're going to find out is that in truth,
2365
1 unfortunately, we're going to end up with more
2 cheap cigarettes in the community, and this tax
3 is not going to generate anywhere near the
4 amount of money that it's supposed to generate,
5 and I think that you're going to find that as
6 the economy goes up and gets better, we're going
7 to get rid of this tax increase.
8 THE PRESIDENT: Senator
9 Oppenheimer.
10 SENATOR OPPENHEIMER: Mr.
11 President. I'm going to be voting for this bill
12 even though I haven't voted for revenue bills in
13 the last two or three years because I have been
14 very distressed with the number of one-shots and
15 gimmicks and things that I found insufferable
16 that were in the bill. That is largely reduced
17 in this bill. The number of one-shots is
18 considerably under what it has been in the past,
19 and it's something that I can support.
20 The cigarette tax, I will
21 support. I was going to mention what Senator
22 Volker mentioned, that I expect a lot of people
23 will be coming from one minute away from my
2366
1 district from Connecticut purchasing their
2 cigarettes there; and, therefore, I think that
3 the tax estimates, the revenue estimates are not
4 going to hold up.
5 I did want to make one other
6 comment, and that is, it has seemed to me in the
7 years that I have been here that this budget
8 process has been getting more and more selective
9 and exclusionary, and I feel this both for the
10 Majority and Minority members. And only
11 leadership seems to be having any say, and
12 that's too bad. Because we're all up here to
13 try and do a job, and we all work hard at it, I
14 believe, and I think we're all pretty competent
15 people, and I feel that our input would be
16 valuable. Both Majority and Minority do not
17 have input, really, in this budget.
18 And for all of our worth up here,
19 we could be staying home and saving the
20 taxpayers X number of dollars per day and just
21 let the three leaders go ahead and put together
22 this budget. I think that's too bad, and I
23 would hope that leadership would look more
2367
1 kindly on their membership and on the membership
2 on the other side of the aisle, so that we can
3 all say that we are participating in this budget
4 which is the budget of the Legislature and the
5 Executive, and should be representative of each
6 of us.
7 Thank you. I vote in favor.
8 SENATOR GOLD: Mr. President.
9 THE PRESIDENT: Senator Gold.
10 SENATOR GOLD: Mr. President.
11 Very briefly.
12 In order to raise $145 million
13 from a cigarette tax at 17 cents a pack, that is
14 853 million packs of cigarettes. The figures I
15 have from the Department of Finance indicate
16 that last year their efforts resulted in a
17 confiscation of 109,000 packs of cigarettes or
18 what is probably 1/8th of one thousandandth of a
19 percent or whatever of what is smoked.
20 I would have thought that with
21 those kind of numbers, we would have had massive
22 letters of support for this tax from organized
23 crime. For some reason, they decided not to
2368
1 write.
2 But I understand that there is
3 now an appropriation floating around of $900,000
4 to increase enforcement. I really hope that
5 that is taken seriously. Because no matter what
6 everybody else has said about this bill, whether
7 you think it is going to help the health
8 situation or one thing or another, there is
9 undoubtedly now a major reason why people would
10 bootleg. And it seems to me that that has to be
11 taken very seriously by the New York State
12 Department of Taxation and Finance, and I hope
13 that the $900,000 does accomplish that purpose.
14 THE PRESIDENT: Senator Farley.
15 SENATOR FARLEY: Senator Gold,
16 I'm going to agree with you. I think this is a
17 counterproductive tax, as most taxes are, but
18 this is one that particularly, in my judgment,
19 encourages organized crime. It encourages
20 buttlegging or bootlegging of cigarettes. We
21 have become way out of line with our adjoining
22 states. It's unfortunate. It's very easy to
23 say let's tax sin, but, in reality, I think that
2369
1 you're going to find that this is not going to
2 raise the revenue that is expected. It's also
3 going to encourage a segment of our society,
4 which I don't think we should be.
5 I know everybody would like to
6 curtail smoking, particularly among our younger
7 people. I don't know that it's going to do
8 that. I just don't feel that it is a good idea,
9 and I wish it wasn't there in this budget.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll. )
16 SENATOR COOK: Mr. President.
17 THE PRESIDENT: Senator Cook.
18 SENATOR COOK: If I can explain
19 my vote, please.
20 THE PRESIDENT: Recognized to
21 explain his vote.
22 SENATOR COOK: I think that as we
23 talk about taxes, one of the very significant
2370
1 things in this budget is that property taxes in
2 this state will be positively affected to the
3 degree of about $380 million a year that the
4 state is putting into the education system that
5 the local property taxpayers are not going to
6 have to put into it. If you want to talk about
7 tax reform, I think there is no place that we
8 can impact taxes that hurt people more than in
9 the property tax area, and I'm very pleased of
10 what we have been able to do in that direction.
11 THE PRESIDENT: Senator
12 DeFrancisco to explain his vote.
13 SENATOR DeFRANCISCO: Yes. I'm
14 voting yes on this part of the budget. I voted
15 no on several spending measures, but I believe
16 that a couple of things should be said.
17 The first one has already been
18 said about the cigarette tax. I guess Senator
19 Volker said it very well. I don't think you
20 change people's behavior by tax policy. You
21 know, carrying this to its logical extreme, do
22 we tax high cholesterol food so we can prevent
23 heart attacks? Do we tax gum with sugar in it to
2371
1 prevent tooth decay? Where does it go from
2 here? And I don't think it's going to raise the
3 revenues that everyone says it's going to raise.
4 Secondly, I think even though
5 there -- you know, this is a revenue package,
6 there are certainly things that should be
7 emphasized; and that is, there are a lot of fees
8 and hidden taxes that were knocked out of this
9 budget totalling about a billion dollars, and I
10 think that's significant; that although no one
11 likes to spend, there are certain programs that
12 it has to be spent for.
13 And it may be politically popular
14 to always vote against a revenue bill, but, on
15 balance, this bill did much better than, quite
16 frankly, I thought we were going to be at when I
17 started this process.
18 Senator Cook mentioned another
19 point that I think is extremely important,
20 having been a member of a local legislative
21 body. Property taxes are sky-rocketing, and the
22 reason they have been is that we haven't been
23 adequately funding education, and it's been
2372
1 falling on the backs of the property owners, the
2 real property owners, and I feel strongly that,
3 hopefully, this will help reverse that trend so
4 that local governments are not being strangled
5 as they have been in the past.
6 So, although no one likes voting
7 for a revenue bill had some of the spending
8 bills that I voted against gone down, I might
9 have voted differently on this. The government
10 has to be funded and, on balance, this is a good
11 budget.
12 SENATOR MASIELLO: Mr. President,
13 to explain my vote.
14 THE PRESIDENT: Senator Masiello
15 is recognized to explain his vote.
16 SENATOR MASIELLO: Thank you, Mr.
17 President.
18 Along the same lines. I've
19 listened to Senator Volker and Senator
20 DeFrancisco talk about the cigarette tax not
21 generating the revenues it's supposed to
22 generate or we hope that it will generate.
23 Quite frankly, one aspect of the revenue bill
2373
1 that I was hoping would be repealed and changed
2 was the hotel tax that now we have in New York
3 City and certainly affects all the hotels and
4 tourism throughout the state of New York.
5 I know the Governor mentioned
6 that he was leaning towards that. I know that
7 others in this body and the body across the hall
8 were certainly very interested in repealing that
9 tax. Obviously, the monies generated from that
10 tax, certainly, are not significant in light of
11 the fact that the money we lost from tourism not
12 coming to our major cities and our major tourism
13 places of interest.
14 So I hope that we continue that
15 dialogue, continue that conversation and,
16 hopefully, some time in the future will be able
17 to repeal that hotel occupancy tax so that we
18 can stimulate the tourism industry in New York
19 City and Niagara Falls and, quite frankly,
20 throughout the state of New York because we are
21 losing revenues more than that tax is producing
22 revenues for us.
23 THE PRESIDENT: Senator Smith is
2374
1 recognized to explain her vote.
2 SENATOR SMITH: Thank you, Mr.
3 President.
4 I, like my colleague, Senator
5 DeFrancisco, have in previous years voted
6 against the revenue bills. But after review, I
7 find that this year's revenue bills are much
8 better than what I have seen in the past. There
9 are things in there that will benefit the state
10 of New York in my estimation.
11 I have a great concern about the
12 cigarette tax, and probably I will be one of
13 those that will give it up, and it may be good
14 for me personally. But I'm greatly concerned
15 about one piece of the cigarette tax and that is
16 the tax at the wholesale level because of what
17 we pass on to the smaller business people who
18 cannot always afford to pay the taxes prior to
19 getting the cigarettes. And in communities such
20 as ours where we have small bodegas, that is a
21 problem.
22 But we all have to bite the
23 bullet. And, this year, I choose to bite the
2375
1 bullet and vote for what I feel is a much, much
2 more equitable answer of obtaining revenue.
3 And, therefore, Mr. President, I
4 vote in the positive.
5 THE PRESIDENT: Senator Bruno is
6 recognized to explain his vote.
7 SENATOR BRUNO: Thank you, Mr.
8 President. To explain my vote.
9 I'm going to vote for this
10 particular bill very reluctantly, as a lot of
11 other people in this chamber are going to vote
12 very reluctantly.
13 I think all of us have to bear in
14 mind that we negotiated in this house with a
15 Governor's budget that had 1,900,000,000 in
16 taxes, fees and increased assessments in it. We
17 have taken it down through negotiations to where
18 I believe there is about at least 400 million
19 out in assessment, fees, some taxes.
20 Is that enough? No, it isn't. I
21 feel very strongly, and I know others do like
22 me, that we should have been able to reduce
23 taxes -- reduce taxes that we have been
2376
1 increasing over the last several years. Why
2 should we reduce taxes? Because the people of
3 this state need a message that we in government
4 understand that they are overtaxed.
5 It's no accident that we have
6 lost more jobs in this state over the last
7 several years than in any other state in the
8 country -- 43 percent of all jobs. So I think
9 we have to recognize we have to deliver a
10 message out there that we have to change the
11 attitude of government towards business to
12 create jobs.
13 So, Mr. President, I'm going to
14 support this, but I believe many of us are going
15 to be back talking about how we can reduce the
16 taxes that are presently suffocating businesses
17 in this state, creating the job loss. We must
18 reverse that trend. So I'm going to be voting
19 yes.
20 THE PRESIDENT: Those recorded in
21 the negative on Calendar Number 409 are Senators
22 Dollinger, Hoffmann, Jones, Nolan, Pataki and
23 Stachowski. Ayes 54, nays 6.
2377
1 THE PRESIDENT: The bill is
2 passed.
3 Senator Present.
4 SENATOR PRESENT: Mr. President.
5 Can we return to Calendar 408, Senate 5653,
6 which was laid aside earlier.
7 THE PRESIDENT: Secretary will
8 read.
9 THE SECRETARY: Calendar Number
10 408, substituted earlier today, Assembly Bill
11 Number 1353A, an act making appropriations for
12 the support of government, aid to localities
13 budget bill.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll. )
20 THE PRESIDENT: Senator
21 Stavisky.
22 SENATOR STAVISKY: Mr.
23 President. To explain my vote.
2378
1 THE PRESIDENT: Senator Stavisky
2 is recognized to explain his vote.
3 SENATOR STAVISKY: The
4 Legislature under the provisions of the New York
5 State Constitution is required to make provision
6 for the maintenance and support of a system of
7 common schools, public schools, and that is a
8 constitutional obligation that is imposed upon
9 this branch of government, since education under
10 the provisions of the state Constitution is
11 primarily a state responsibility which then, in
12 turn, is delegated to the more than 700 local
13 school districts.
14 The legislation that we have
15 before us with regard to education makes minimal
16 improvements. A minimal improvement that is
17 done with regard to the school district, the
18 school district of the city of New York which I
19 represent together with many other legislators
20 in this chamber, is aided at a slightly better
21 percentage than in the previous year. I did the
22 calculations.
23 New York City's percentage of the
2379
1 total aid has improved in new money by about 38
2 percent. But in total aid based upon all of the
3 assistance for the school district, New York
4 City's share is about 35 percent in this
5 budget. It's not easily stated but with a
6 little calculation you're able to evaluate it.
7 Last year, New York City's share
8 was about 38 percent of the share of the aid to
9 education. But this is a school district which
10 has 37 percent of the population, and it seems
11 to me that it is a school district that is not
12 especially wealthy. It is a school district
13 that is beset by problems. It is a school
14 district that has the largest percentage of
15 children for whom English is not the primary
16 language, imposing upon the entire educational
17 system additional burdens to instruct these
18 children.
19 Secondly, it is a school district
20 that has serious problems with regard to helping
21 youngsters gain proficiency in basic skills,
22 reading, writing, math. It is a school district
23 that is beset with social problems, children
2380
1 from broken homes, children of poverty level for
2 whom there may be no two-parent family and there
3 may be no opportunity for these families to
4 afford the cultural enrichment that exists in
5 other parts of the state.
6 I did I do not wish to draw
7 invidious comparisons, but I must say that
8 strictly on the basis of mathematical fairness,
9 you do not underfund a district that has so many
10 special problems, so many impoverished families,
11 so much to do in order to bring children up to
12 minimal competency in the basic skills. We do
13 not need other people in other parts of the
14 country criticizing New York State and/or New
15 York City as a place where they don't want to
16 live, they don't want to visit and they lump us
17 all together. The members of the Legislature
18 from other parts of New York State outside of
19 the big cities, when attending conferences in
20 other parts of the country, often find that you
21 are lumped together with New York City in the
22 perception of the public mind outside of this
23 area.
2381
1 Therefore, there is a mutuality
2 of interest in doing the right thing with
3 respect to educational funding. And while this
4 budget in a minuscule way improves the share
5 that New York City school districts should
6 receive, it is still substantially below the
7 amount of money that should be provided.
8 Secondly, there are provisions
9 here that are not based on any logic. New York
10 State's aid to education formula should be based
11 upon a rational computation as to the number of
12 pupils, the wealth of the district, and the
13 special problems that exist. There is no
14 rational formula in the state aid to education
15 budget.
16 Most of the districts in order to
17 survive have to cling to save harmless
18 provisions, which I am sure is not the way that
19 legislators here throughout the state would want
20 to go. We should be giving aid, equitable aid,
21 to children in all districts based upon the
22 children who are there not based upon children
23 who receive aid for save harmless, but they are
2382
1 no longer in the school system because save
2 harmless means you get the same as last year,
3 and then we continue it the same as the year
4 before. So we have save harmless, the son of
5 save harmless, the grandson of save harmless;
6 and after a while, there are school districts
7 here getting aid to education based on
8 calculations of the number of pupils and the
9 wealth of the districts ten years ago.
10 For a while we began to reduce
11 the number of save harmless districts; but,
12 instead, the calculations are getting worse and
13 worse, and more and more of the districts are on
14 a save harmless rather than on a formula.
15 I intend to vote for this state
16 aid budget, including aid to localities, because
17 the school districts need to know how much money
18 they will receive in the coming year. Many of
19 them outside of the cities have budget referenda
20 where the voters must decide coming up in the
21 next month or so, and they can not be kept in
22 the dark, but this is not the way for us to go.
23 This is not a formula-driven school aid
2383
1 package. This is a mindless grab bag, and it is
2 my hope that the leadership and the membership
3 of this house will in the very foreseeable
4 future begin to realize that we've got to have
5 an equitable and meaningful formula on state aid
6 to education.
7 With those caveats and with those
8 reservations, I will vote in the affirmative.
9 THE PRESIDENT: Senator Padavan
10 is recognized to explain his vote.
11 SENATOR PADAVAN: Mr. President,
12 very briefly.
13 While many of the things that my
14 colleague has said are not ones that I wish to
15 be argumentative about, I think it is important
16 for us to recognize that when we deal with the
17 education portion of this budget the arguments
18 that have been advanced to the leadership and
19 through the leadership by both sides of the
20 aisle -- and I will speak for this side -- on
21 behalf of the city of New York recognizing the
22 special needs and the difficulty of a student
23 population that in recent years has been driven
2384
1 by significant increases in immigration numbers
2 -- 22,000 last year, 50,000 over the last
3 several years -- expensive difficult student
4 populations in terms of cost and the costs of
5 providing an education.
6 However, this budget recognizes
7 that fact, and I wish you not to accept my word
8 on it. I read a quote in today's New York Times
9 from the president of the board of education.
10 It says this budget helps us meet the staggering
11 needs for education in New York City, an
12 unequivocal statement from him, recognizing that
13 this budget provides $145 million in additional
14 funds to the city of New York as a result of the
15 formula and as a result of the advocacy.
16 I think that's important for us
17 to recognize. I think it's important for us to
18 acknowledge it bipartisan, both houses, both
19 sides of the aisle initiative.
20 And on behalf of my colleagues
21 from the city of New York in the Majority
22 Conference, I want to tell you this was our
23 priority, as well.
2385
1 I vote aye.
2 THE PRESIDENT: Senator Dollinger
3 is recognized to explain his vote.
4 SENATOR DOLLINGER: Mr.
5 President. I rise to explain my vote. I'm
6 going to vote no against this.
7 As I said earlier, I think that
8 my position on this whole process and, frankly,
9 on the result that is achieved is one that
10 discourages me.
11 But I did find in going through
12 this budget, on 253, frankly, the mother of all
13 the pork barrels, Mr. President. I guess I'm
14 astounded. There's listed here -- apparently,
15 we're going to underwrite the softball and
16 football fortunes of a bunch of youngsters
17 throughout -- I assume this is Long Island -
18 Farmingdale, Plainedge.
19 I just had a solution for Senator
20 Volker, who talked about our long-term revenue
21 problems. I've got a solution. Since we're
22 subsidizing them at the Little League level, why
23 don't we just give them a surcharge when they
2386
1 make millions and billions. In the era of free
2 agency as baseball and football players, we'll
3 just put a special surcharge on them twenty
4 years from now, and we can tax them at a higher
5 rate when they profit from our having subsidized
6 them when they were in Little League.
7 I also just would point out that
8 I think one of the great -- greatest of all, at
9 least in my judgment, pork barrel items is when
10 you give $25,000 to the North Amityville
11 Taxpayers Association. We're going to tax the
12 people of the state of New York to give money to
13 a taxpayer association whose position is that we
14 shouldn't be taxing people. Unbelievable that
15 we would be giving money to the people who are
16 going to tell us don't tax us. Well, our
17 message to them is we are going to tax you
18 $25,000 to fund an organization that's going to
19 tell us we're taxing too much.
20 I'd simply point out in response
21 to my colleague, Senator Bruno, who said we have
22 got to reduce taxes, and some of us in this
23 chamber are going to talk about reducing taxes.
2387
1 The point, I think, gentlemen, is one that
2 shouldn't be missed. We talk, we talk, but we
3 don't do anything about it.
4 I think that we at least owe it
5 to the people of this state to be honest. If
6 we're going to tax them, let's tell them what
7 we're taxing them for. Let's justify that tax,
8 and let's stand up and say we really need these
9 kinds of services.
10 Turn to page 253 in this budget,
11 and you will see the example that everyone in
12 this state will look to when they say you don't
13 need it. You can't justify it. It's the mother
14 of all pork barrels. And my view is that this
15 is the kind of thing we shouldn't be doing. It,
16 frankly, casts doubt about the credibility of
17 this entire process, about the entire taxing
18 system in this state.
19 If we can't be honest, if we
20 can't stand up and defend ourselves, as I think
21 this is indefensible, we shouldn't be doing
22 this. Let's change the process. Let's scrap
23 the whole thing, go back, do it right. We'll
2388
1 get better decisions, and we'll get a tax system
2 that we can justify to the people of this
3 state. This one we cannot.
4 THE PRESIDENT: Senator Jones.
5 SENATOR JONES: Yes, I would like
6 to rise at this point and explain my no vote and
7 probably my explanation will apply to almost all
8 of the no votes that I have made today.
9 I keep hearing -- the theme seems
10 to be, we didn't do anything terribly negative,
11 so it must be okay.
12 But my question is, what did we
13 do positive? I don't see where we really did
14 help the businesses, as they've been asking. I
15 agree with Senator Bruno that they are begging
16 for some tax relief. I don't see it here.
17 I don't see major cuts in this
18 budget. I, thank goodness, didn't make the
19 promise so I guess I don't have to say I'd be
20 breaking a promise by raiding the locked box,
21 but we did. Some of you did. Whoever was here
22 promised the taxpayers that that money would be
23 a dedicated fund. We're now going to use that.
2389
1 But we found a solution. We're
2 going to borrow now to take care of what we're
3 using. And yet we sat here last night
4 discussing debt reform, and I still see in here
5 at least five different places where we have
6 upped debt.
7 I'm, frankly -- I guess confused
8 would be the simplest word to explain my
9 feelings on this. Discouraged, yes. But it's
10 not going to stop me from speaking and
11 discussing what I think are terribly wrong, and
12 we can't continue to do it.
13 Just a couple little things.
14 Someone said to me there must be some good
15 things in here for Rochester. How can you vote
16 no? Perhaps there are, but I would be hard
17 pressed to find them in ten minutes. And,
18 frankly, that is not my job, to come here and
19 only look, regardless of what position I were
20 in, if I could effect the changes, to find some
21 neat thing I could stick in here for my own
22 community. I thought our purpose here was jobs
23 and the economy for the state of New York and
2390
1 the good of the whole state.
2 Certainly I'm happy that my
3 school districts got more than I thought they
4 were going to get a few weeks ago. Certainly I
5 can find things I'm happy about. I'm glad TAP
6 was restored. I'm glad of lots of these things.
7 But then I look at things that
8 I'm not happy about. We cut probation. But,
9 then, under the same area here, which is going
10 to be hit, by the way, to most counties because
11 the salaries for those people -- and I believe
12 probation is an alternative to incarceration.
13 In the same area, we have added
14 five line items for crime in Nassau County. I'm
15 not familiar with the county. And it's also for
16 alternatives. Perhaps they have more crime than
17 the rest of the state. I'm not sure. But it
18 kind of strikes me as a little strange that
19 those things were added; and yet, statewide
20 we've made a cut.
21 And then, just a couple other
22 little things. You know, I'm sure I could find
23 thousands if I had the time to do this.
2391
1 Alzheimer's is certainly a cause that I would
2 subscribe to and be happy about, but I see three
3 line items to the same Alzheimer's in Long
4 Island, but one of them we called an
5 association. The other one we called a
6 foundation, and the other one we put two
7 counties together in the same area and called it
8 another association. All three are items for
9 the same fund.
10 And then the one that thrills me
11 the most that we kind of laughed about in our
12 conference, but it really isn't funny. I
13 honestly do not know what the military and naval
14 are going to do with the Long Island Coalition
15 for Fair Broadcasting. Someone said maybe it's
16 like -- what's the one, America Broadcasting?
17 Right, Radio Free America. I really would love
18 to have somebody tell me what that is.
19 But my whole point is that, you
20 know, I cannot vote yes even though, certainly
21 like you, I can find things to be happy about.
22 I have to vote no because I didn't come here for
23 the status quo. I came here because I wanted
2392
1 change. And I'm going to continue to do this
2 until I see what I'm looking for and what I
3 think the people in the state of New York are
4 looking for.
5 THE PRESIDENT: Senator Pataki.
6 SENATOR PATAKI: I'm going to
7 vote for this budget. The majority in this
8 house used every ounce of its energy to try to
9 get that change, Senator, but because that
10 effort and that fight has been stymied every
11 step of the way by your colleagues who make up
12 the majority in the Assembly. This side was
13 fighting -- not just talking, but fighting as
14 recently as last night to still try to get the
15 Assembly Democrats to agree to changes that
16 would allow a part of a tax cut program to go
17 forward.
18 Just in the past few days, we
19 have tried to get them to agree to expand the
20 fingerprinting program that could have saved
21 $300 million that would have been used by this
22 side to cut taxes.
23 We tried to get New York City to
2393
1 simply comply with the present law that says
2 that we have got to have workfare programs in
3 place for appropriate welfare recipients, and
4 the Assembly majority said no, and that would
5 have saved another $200 million that we would
6 have used for tax cuts.
7 And we offered a tax amnesty
8 program that would have not cost anybody in this
9 state anything, and that the Governor and this
10 side recognized could have saved hundreds of
11 millions of dollars by providing additional
12 revenue that could have been used for tax cuts.
13 If that side is confused, if that
14 side wants change, let me make a suggestion. Go
15 down the hall. Talk to your colleagues in the
16 Assembly in the Democratic Party who make up the
17 majority. Because this side has offered more
18 than a billion dollars in cuts that could have
19 been used to get rid of the hotel tax, that
20 could have been used to lower the corporate
21 taxes that -- the temporary corporate taxes,
22 that could have been used to lower the personal
23 income tax. But every one of those efforts were
2394
1 blocked by your colleagues down the hall.
2 I vote no not because this side
3 hasn't fought as hard as it could, but because
4 those efforts at change have been blocked by
5 your colleagues in the Assembly.
6 THE PRESIDENT: Senator Goodman.
7 SENATOR GOODMAN: To explain my
8 vote.
9 THE PRESIDENT: Recognized to
10 explain his vote.
11 SENATOR GOODMAN: Mr. President,
12 I have listened carefully to some of the
13 statements made by members on both sides with
14 respect to why they have voted in the negative
15 on this budget. And I would like respectfully
16 to point out to my friends, some of whom are
17 relatively new to this house, that our major
18 obligation as Senators is to make the railroad
19 run on time. When all is said and done if the
20 train can't pull out of the station, if the
21 budget cannot be adopted with a reasonable
22 semblance of punctuality, the state will suffer
23 unspeakable difficulties.
2395
1 Every one of us like to go home
2 and say I voted no against the budget, and in my
3 voting no, I've shown how strong I am to stand
4 up against the tide and to say that I will not
5 tolerate any more increases in taxes and to say
6 that demand further increase in cuts.
7 That sounds great, my friends,
8 when you are absolutely certain in making such a
9 declaration that it will not affect the outcome
10 of the adoption of the budget. But stop and
11 ponder for a moment the implications of your
12 negative votes if you were so persuasive that
13 you actually got people to go along with your
14 positions and prevented the budget from being
15 adopted. Then where would the people of New
16 York be?
17 We profess great concern for
18 these people, for our school children who
19 benefit from this budget, for our transportation
20 system which benefits for this budget, for each
21 and every part of the complex mechanism which
22 makes the state work. By voting no for this
23 budget, if you stop to think what it would mean
2396
1 if your views were extended throughout the
2 house, the state would be in a stalemate.
3 Now, let's be clear. From
4 certain quarters in this state comes a
5 thundering and tiring repetition of a
6 proposition, "Bring the state to its knees,
7 prevent the state from adopting budgets which
8 you find objectionable." By bringing the state
9 to its knees, it is asserted, and by reducing it
10 to ashes, to mix the metaphor, we can then start
11 anew and build a prouder and a better state, a
12 more responsible state, where in this great
13 ideal La-La Land there are nothing but tax cuts
14 and expenditure cuts and everything is hunky
15 dory; right? Wrong. Wrong. Because the state
16 can't work that way.
17 I've never voted for a budget
18 that didn't have things in it to which I
19 objected and I've never voted for a budget which
20 did not have expenditures that I would rather
21 have seen cut or taxes which I'd have rather
22 seen cut.
23 But just to put this in proper
2397
1 perspective over time, it was this house and at
2 these desks on this side where we originated the
3 tax cut which took the personal income tax from
4 15 percent to 7.875 percent, its present level.
5 We would have loved to lower taxes further. It
6 would sound great, be wonderful to take it back
7 home, but the fact is that circumstances do not
8 permit that to be done.
9 So I, again, respectfully ask you
10 to consider the implications of your actions,
11 and please don't lecture to us about the
12 irresponsibility of this budget. The fact is
13 this budget is being adopted nearly on time.
14 The fact of the matter is it contains elements
15 of a debt reform which will give us an
16 opportunity to increase the rating of the state
17 and bring it out of the basement in which we
18 find ourselves. And in all these respects,
19 those who vote in affirmative are doing
20 something responsible and for the true benefit
21 of the people of the state of New York.
22 THE PRESIDENT: Senator Marchi is
23 recognized to explain his vote.
2398
1 SENATOR MARCHI: Mr. President.
2 We should not make a fetish in honoring special
3 gods. We have a constitutional requirement to
4 produce a budget on April 1st.
5 The only other jurisdiction on
6 this planet who has a similar requirement is
7 Japan. And for a host of reasons, we are in
8 that bind, and people have suggested that we
9 change the framework for a more rational
10 system. But whenever you do that, you also find
11 out that a host of considerations are raised
12 that you have to meet.
13 I don't like the idea of saying
14 that we have 37 percent of the students and we
15 only have 34 or 35 percent of the money that
16 comes into the city of New York as an argument
17 that I could really endorse, because ever since
18 Al Smith introduced the notion of equalization,
19 equalizing opportunity for every child in this
20 state. And when I originally came to the
21 Senate, it was a question of sparsity
22 corrections because these states had maybe two
23 and three and four thousand dollars in
2399
1 assessable property standing behind each child
2 attending school. The principle of equalization
3 is still valid, and we practice it in some way
4 even nationally.
5 We shouldn't get as much as
6 Alabama in terms of percentages or Mississippi
7 or states that have yet to take significant
8 steps economically. They are still in a
9 position of disadvantage. So that under our
10 principle of progressivity -- and I suppose I'm
11 one of few that regrets that fact -- because we
12 have lost that sense of progressivity on both
13 sides of the aisle, locally and nationally, but
14 we cannot -- we cannot take comfort in the fact
15 that if we try to distance ourselves from that
16 principle of equalization.
17 Now, the one unit that -- the
18 fact that a child constituted a unit, we
19 departed from that in the early '60s. And I
20 remember Commissioner Keppel, who was President
21 Kennedy's Education Secretary, complimented New
22 York State because it was the first state in the
23 union that recognized the principle of weighting
2400
1 for various aspects of disadvantage.
2 Could more work be done? I
3 suspect there might be more work done. There
4 was a statement made by some -- well, I think it
5 was in general discourse, and it came up during
6 the question whether we should have been
7 operating our schools during a snow crisis when
8 we had those snowstorms, and everybody was
9 required to go to school, which made no sense at
10 all in my community of Staten Island. But the
11 other consideration was raised that in many
12 districts these children would not have had a
13 breakfast and lunch, and these are very
14 significant considerations.
15 I believe that we ought to take
16 pride -- we ought to take pride in what we do,
17 not because it's perfect, not because it can't
18 be improved. These are human institutions, but
19 in almost every aspect, if we have problems,
20 it's because it is rooted in the fact that we
21 recognize need and we recognize circumstances
22 and adversity, when it strikes, require in a
23 moral society a moral response.
2401
1 Where we could -- where we could
2 -- and I'm not saying this because we have a
3 Democratic administration in Washington, because
4 it's been true from time immemorial, that we
5 don't control -- for instance, the state of New
6 York has a lift in registered pupils in the city
7 of New York equivalent to the school system in
8 Rochester each and every year. It seems like an
9 exaggeration, but they assure me that this is
10 correct. But we don't control these aspects.
11 And unless we have understanding from
12 Washington, unless the federal government
13 assumes the responsibility for those factors
14 which make up dramatic increases in population
15 and in the case of New York City a very, very
16 heavy component of immigrants who eventually
17 will add to the strength of our city but
18 produces and impacts very seriously the finances
19 of the city of New York.
20 We would have had a drop in
21 registration had it not been for this heavy
22 influx, but we don't get any support from
23 Washington. None. And I believe that if we
2402
1 make serious attempts to improve, improve and
2 inform our colleagues down in Washington of
3 prospects that we face -- Senator Moynihan is
4 chairman of the Appropriations Committee, I
5 believe, and I don't think he distances himself
6 from the concerns that we express here -- we
7 might make more progress.
8 But as long as we cling to the
9 principle of equalization, New York City has
10 $86,000 standing behind each child in the city
11 of New York. There are a host of other problems
12 but, educationally, this is enormous advantage
13 when compared to many districts around the
14 state.
15 So we ought to be more analytical
16 and more perceptive of all of the aspects that
17 go into a formula of this nature. But I think
18 represented in it is a process by which these
19 extrinsic factors such as weighting have
20 certainly improved and are addressed to the
21 problem of serving the educational needs of the
22 city of New York, which seems to be the focus of
23 the discussion here today.
2403
1 So I would ask my colleagues,
2 whether you voted for or against, not to take -
3 yes, it's healthy to have that critique, and it
4 calls our attention, but we are two branches of
5 government and an executive, and I believe that
6 when all the considerations are made, comparing
7 what has happened in terms of constant dollars
8 over the past and the fact that recessionary
9 factors have affected this area of the country
10 far more significantly than other areas -- and
11 this was not an inevitable result. Other areas
12 of this country ten years ago were suffering it
13 out in the far west and the northwest. So these
14 cyclical impacts are bound to occur.
15 But let's not cringe and wring
16 our hands and say that we have failed. We have
17 not failed. In terms of constant dollars, we
18 have redeployed that money in a way that I feel
19 will be -- will have a greater impact on the
20 well-being of the people of this state and, as
21 also indicated to us, avenues where we can -
22 that we can pursue with profit if we take a more
23 optimistic view of our present circumstances,
2404
1 and what appears to me that we are making slow
2 but steady progress in rectifying the very, very
3 difficult position we have been in for the last
4 several years.
5 SENATOR MEGA: Mr. President.
6 THE PRESIDENT: Senator Mega.
7 SENATOR MEGA: A point of
8 information. Are we on a roll call?
9 THE PRESIDENT: We are on a roll
10 call, and there are at least three Senators who
11 have requested time to explain their vote who
12 have not yet been recognized.
13 SENATOR MEGA: Mr. President.
14 May -- I don't wish to offend anyone explaining
15 their vote and we do give sufficient time to
16 explain the vote, but I would remind the Chair,
17 if we are on a roll call, the explanation of a
18 vote I believe is two minutes.
19 THE PRESIDENT: The Chair is
20 acutely aware of that fact; however, the Chair
21 is not going to interrupt any Senator unless
22 another Senator rises and makes a point of
23 order.
2405
1 Senator Nolan is recognized.
2 SENATOR MEGA: A point of order.
3 THE PRESIDENT: Senator Mega.
4 SENATOR MEGA: My point of order
5 is this. I didn't mean that we should cut
6 anyone off. You as the administrator of how we
7 proceed, that's your judgment call. I was just
8 making a statement for the record.
9 THE PRESIDENT: I don't think
10 it's my judgment. I think it's the rule of the
11 Senate, but I understand Senator Mega's point.
12 Senator Nolan, recognized to
13 explain his vote.
14 SENATOR NOLAN: Briefly. I'm not
15 going to get into the obvious reasons why I feel
16 that this bill is bad, but I have -- I really
17 have to take exception to some things that
18 particularly my good friend Senator Goodman
19 said.
20 Now, for the benefit of Senator
21 Jones and Dollinger and some of our newer
22 members. Senator Goodman talks about the -
23 that the Republicans in the Senate voted to
2406
1 reduce the personal income tax from 15 percent
2 to 7 percent. But what he doesn't say is that
3 those same Republicans voted during the
4 Rockefeller years, including Senator Goodman, to
5 raise the personal income tax to 15 percent and,
6 in fact, 17 and a half percent, because one year
7 they put a surtax on top of the personal income
8 tax. And it was that side of the aisle, was in
9 the majority, raised those taxes up.
10 So I find it kind of difficult to
11 sit here and listen to, say, somebody take
12 credit for reducing the tax from 15 to 7, when
13 they originally raised the tax to 17 and a
14 half. That's a little different.
15 Senator Marchi, my good friend,
16 also, I have to take issue, talking about the
17 responsibility of Washington to help the state
18 of New York. I think the state should get some
19 help from Washington. But the last 12 years,
20 it's been his party down there in Washington,
21 Presidents Reagan and Bush, who have reduced
22 substantially federal aid to the state of New
23 York. So let's take that into consideration.
2407
1 Thank you, Mr. President.
2 THE PRESIDENT: Senator Masiello
3 is recognized to explain his vote.
4 SENATOR MASIELLO: Thank you very
5 much, Mr. President.
6 A week ago or so, we debated
7 Senator Padavan's maintenance of effort bill.
8 And at that particular time, I thought there was
9 a need for that maintenance of effort bill as it
10 affects the five big cities, especially Buffalo,
11 because of the lack of support from the Buffalo
12 tax base to the board of education in Buffalo.
13 However, the new education monies
14 are proof positive that we need a maintenance of
15 effort or some kind of change in the attitude in
16 funding the Buffalo public schools. I was
17 shocked to hear today that this new formula that
18 takes into account the poverty index -- the
19 poverty index -- did not generate the kinds of
20 money I thought it would to my city, the board
21 of education in Buffalo. A city that has the
22 highest teen-age pregnancy rate of any city in
23 the state of New York per capita, that has
2408
1 36,000 children a day get free food because of
2 the poverty level.
3 In inquiring why, the response to
4 me was that the city's share of the new formula
5 takes into account the local support of
6 education. Now, that just leads me to believe
7 that we need that maintenance effort in
8 Buffalo. Because if we had an greater share of
9 the local tax levy going to education in
10 Buffalo, the state's share to that education
11 would have been higher.
12 And let me just give you a couple
13 statistics to supplement or substantiate what
14 I'm saying. In 1988 -- excuse me. 1985-86, the
15 state increased education 15 percent from the
16 prior year. That same year, the city of Buffalo
17 decreased aid to education 7 percent. In
18 1986-87, we increased education to Buffalo by
19 another 15 percent, and the city decreased their
20 share to education by 2 percent from the
21 previous year. In 1991, the state increased
22 education to Buffalo by 25 percent, substantial
23 and generous. At the same time, the city of
2409
1 Buffalo decreased their aid to education by 3
2 percent.
3 Over eight years, the state has
4 increased education aid to Buffalo by 7-1/2
5 percent, and in that same eight-year period, the
6 city decreased their aid -- decreased their aid
7 to education by one percent.
8 Clearly, the formula had to be
9 changed at the last minute. They had to improve
10 upon that formula. They had to add to that
11 formula at the last minute, and I'm happy that
12 the education people in this house and the other
13 house saw to it to make those corrections, make
14 those changes so that Buffalo would get a better
15 increase than that formula would generate, and
16 it only leads me to believe that we need a
17 change in attitude towards funding education in
18 our city.
19 THE PRESIDENT: Senator Galiber,
20 did you want to explain your vote?
21 SENATOR GALIBER: Yes, very
22 briefly. I won't take up too much time.
23 I'm going to vote for this, and
2410
1 I'm going to vote for it because something
2 drastic is happening in these chambers. We find
3 ourselves talking about our particular
4 localities and not doing things in a collective
5 manner. It's a bad, bad habit we're getting in,
6 very frankly.
7 So for the city of New York,
8 they've changed the formula a little bit.
9 They've started with not only attendance but
10 population. They've restored the drug money to
11 the city of New York and a number of areas that
12 we're basically concerned with where masses of
13 people are impacted on it.
14 We educate in our district -- in
15 the city of New York, rather, one-third of the
16 total population in this state. And I don't
17 like everything that is in this piece of
18 legislation, but if we're going to talk about
19 segments and geographics and talk about
20 particular areas -- and we're doing too much of
21 it now; and as a result of it, we're going to be
22 hurt more so in the city of New York.
23 We've got the largest prison
2411
1 population. The only thing we really impacted
2 on was the question of probation, which we would
3 like to see a little better. We've got a mass
4 transit package that's there. And Senator
5 Goodman is absolutely right. Our ratings are
6 going to go up. There's been some sense of
7 reform.
8 And there's a lot of good things
9 happening. I want to congratulate each and
10 every one, even those persons who will be voting
11 no on this piece of legislation, because for the
12 first time in a long time we've done an
13 excellent job for so little, and we have
14 something to take back home to be proud of.
15 Not a perfect budget. And we can
16 argue about the so-called member items that are
17 not called member items. As a result of the
18 majority, you put them in. And if we were in
19 the majority, we would do the same thing. Make
20 no mistake about it. But it's bothersome and
21 troublesome to me, very frankly those of us on
22 both sides of the aisle, particularly on my side
23 of the aisle, who find it easier to vote no or
2412
1 easier to separate themselves from our caucus or
2 our conference on issues that become extremely
3 important to the city of New York.
4 The major population of this
5 state, the city of New York. We used to say
6 help us a bit. I got the feeling somewhere
7 along the line we're not going to get much
8 help. We're not going to get much help from
9 upstate New York. We're not going to get it
10 because I see a trend. I see it happening now.
11 I wish we could promise each
12 other that we would put a screeching halt to
13 this. Because the children in the city of New
14 York are hurting, the population is hurting.
15 We've changed the formula. We've got -- the
16 Governor of the state of New York is interested
17 in changing the formula throughout the entire
18 state of New York.
19 We've got attendance and
20 population for the first time. Yes, we're up a
21 point or two, not where we should be, but we're
22 up a point or two. We've got a poverty index
23 this time which adds another layer, too, to the
2413
1 educational budget.
2 And, as I said before, that mass
3 transit is extremely helpful to us. The health
4 package that's there is helpful to us in the
5 local assistance budget.
6 So I say on balance, if you
7 will -- and I'll end on this note. On balance,
8 this isn't what we'd like to see. It's an awful
9 lot better than what I expected, very frankly,
10 and I want to tell each and every one of my
11 colleagues that it's been a collective effort,
12 however you vote. The fact of the matter, I can
13 go back home and say no, I voted against it, and
14 be a hero. But the fact of the matter, we have
15 a basic responsibility to deal with it. We have
16 a responsibility to bring a budget in and,
17 collectively, we did it.
18 I vote aye.
19 THE PRESIDENT: Senator Stafford.
20 SENATOR STAFFORD: Mr.
21 President. I will just take a moment. I think
22 everyone has made their point. They made it
23 well.
2414
1 I will say this. This is rather
2 trite. But often something trite makes a great
3 deal of sense. Maybe that's why you hear it
4 often. If it's a good compromise, nobody is
5 happy, and that's really what we're ending up
6 with, obviously.
7 And I would say, as Senator
8 Galiber just did and so many before him, I would
9 point out there's so many things that I'm
10 concerned about. We are concerned about those
11 who are in need all over the state, but I would
12 point out we have to look at -- and we've got a
13 lot of work to do. The social services budget
14 for the whole state including upstate went up 2
15 billion, and education was only 500,000.
16 Now, my point is, Mr. President,
17 we've got to continue to work toward
18 administration, toward making sure that our
19 dollars are spent well. And I conclude with
20 this. I for one have learned the work that goes
21 into this by all, by the staff, by the
22 legislators, all in the Governor's office. And
23 when you get a complicated state like this, get
2415
1 a budget relatively on time, I think we can
2 realize it is possible to work together.
3 Thank you.
4 ACTING PRESIDENT FARLEY:
5 Secretary will report the results.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 408 are Senators
8 Dollinger, Hoffmann, Jones, Leichter, Nolan and
9 Pataki. Ayes 54. Nays 6.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 (Whereupon, Senator Farley was in
13 the chair. )
14 ACTING PRESIDENT FARLEY: Senator
15 Present.
16 SENATOR PRESENT: Are there
17 reports of standing committees at the desk?
18 ACTING PRESIDENT FARLEY: Yes,
19 they are.
20 SENATOR PRESENT: May we have
21 them read, please.
22 ACTING PRESIDENT FARLEY:
23 Secretary will read the reports of the standing
2416
1 committees.
2 THE SECRETARY: Senator Marino
3 from the Committee on Rules reports the
4 following bills directly for third reading:
5 Senate Bill Number 4246, by
6 Senator Stafford, an act to amend the Racing,
7 Pari-mutuel Wagering and Breeding Law.
8 Also, Senate Bill Number 4367, an
9 act to amend the Real Property Tax Law and
10 Chapter 345 of the Laws of 1968, relating to
11 forming the United Nations Development
12 Corporations.
13 Senator Johnson from the
14 Committee on Environmental Conservation reports
15 the following Assembly bill directly for third
16 reading:
17 Assembly Bill Number 6997, by
18 member of the Assembly Brodsky, an act in
19 relation to nullifying certain rules and
20 regulations applicable to California automobile
21 emissions standards.
22 All three bills reported directly
23 to third reading.
2417
1 ACTING PRESIDENT FARLEY: All
2 bills reported directly to third reading.
3 Senator Present.
4 SENATOR PRESENT: Mr. President,
5 can we take up Calendar 414, 4246.
6 ACTING PRESIDENT FARLEY:
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 414. Senator Stafford moves to discharge the
10 Committee on Rules from Assembly Bill Number
11 6613 and substitute it for the identical Senate
12 Bill 4246.
13 ACTING PRESIDENT FARLEY:
14 Substitution is ordered.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 60.
22 ACTING PRESIDENT FARLEY: That
23 bill is passed.
2418
1 SENATOR PRESENT: Mr. President.
2 Can we take up Calendar 415, Senate 4367.
3 ACTING PRESIDENT FARLEY:
4 Secretary will read it.
5 THE SECRETARY: Calendar Number
6 415. Senator Goodman moves to discharge the
7 Committee on Rules from Assembly Bill Number
8 6360 and substitute it for the identical Senate
9 Bill 4367.
10 ACTING PRESIDENT FARLEY:
11 Substitution is ordered.
12 You can read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 60.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Excuse me. Ayes
22 59, nays one. Senator Maltese recorded in the
23 negative.
2419
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 SENATOR PRESENT: Mr. President.
4 Can we take up Calendar 416, which is Assembly
5 Bill 6907 -- 97. 97.
6 ACTING PRESIDENT FARLEY:
7 Secretary will read it.
8 THE SECRETARY: Calendar Number
9 416, by member of the Assembly Brodsky, Assembly
10 Bill Number 6997, an act in relation to
11 nullifying certain rules and regulations
12 applicable to California automobile emission
13 standards.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 SENATOR LEICHTER: Mr. President.
21 ACTING PRESIDENT FARLEY: Senator
22 Leichter.
23 SENATOR LEICHTER: Yes. Just
2420
1 very briefly on the bill. I just wish to point
2 out this is a variation of a bill that we passed
3 earlier, Senator Johnson's bill, that deals with
4 the rules as they pertain to automobiles in
5 order to meet the clean air requirements of the
6 federal law. This bill is essentially similar
7 to Senator Johnson's bill except maybe a little
8 more sophisticated -- well, Senator Johnson gets
9 right to the point. This bill requires a little
10 few certifications. But, essentially it bars
11 the state from proceeding under rules that the
12 DEC has promulgated that would phase in the
13 California clean air cars for the purpose of
14 having New York State try to meet the federal
15 standards to improve air quality.
16 I just want to point out that
17 Senator Johnson's bill was opposed by -- if I
18 have the list -- by a number of members, and
19 just wanted to bring it to their attention.
20 Voting negative on Johnson's bill were Connor,
21 Gold, Leichter, Markowitz, Mendez, Montgomery,
22 Ohrenstein, Oppenheimer, Goodman, Levy.
23 Thank you.
2421
1 SENATOR GOODMAN: Mr. President.
2 ACTING PRESIDENT FARLEY: Senator
3 Goodman.
4 SENATOR GOODMAN: The hour grows
5 late, and I will be very brief on this.
6 There is one aspect of this which
7 I do not think may have come to the house in
8 earlier discussion, and that is the peculiar
9 situation in which New York State automobile
10 dealers find themselves as a result of the
11 imposition of the California regulations which I
12 favor. If you are an automobile dealer in New
13 York, however, you are barred by a set of
14 circumstances from selling your cars with the
15 California emission system to the neighboring
16 states of Connecticut and Pennsylvania and
17 probably several others.
18 Since a substantial number of our
19 automobile dealers make a good deal their basic
20 living in selling cross border when they are
21 located contiguous to state borders, this
22 creates a special hardship which I don't think
23 any of us intended.
2422
1 The specific purpose of this bill
2 is to create a consistency so this cross border
3 barring of sales will be eliminated. And to
4 that extent, however much as we may wish to
5 effectuate proper emission control standards, we
6 certainly don't wish to gut the businesses of a
7 number of reputable and good citizens who make a
8 living selling cars to people who may be coming
9 in from neighboring states to buy their wares.
10 So that I bring this to your
11 attention with the thought that it may not have
12 been evident to you what is going on in this
13 particular bill which has that purpose.
14 To do this thing right, we ought
15 to get emission control standards consistently
16 in the neighboring states so that cross state
17 sales from New York to others is not messed up.
18 Turns out accidentally it's a very vicious
19 anti-business development, which I don't think
20 any of us understood at the outset.
21 SENATOR JOHNSON: Mr. President.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
2423
1 Hold on. Senator Johnson on the
2 bill.
3 SENATOR JOHNSON: My strong right
4 arm on the committee, Senator Leichter,
5 explained that the added sophistication
6 contributed by the Democratic members of the
7 Assembly has made this a better bill, and I
8 guess it's true, Mr. President. Because in our
9 house, we only got 85 percent of the vote, and
10 they got 90 percent of the vote for this bill
11 over there. So I would say if anybody had any
12 particular inhibitions about voting for Senator
13 Johnson's bill should embrace the Brodsky-
14 Bragman bill very, very strongly.
15 It's a good bill. Overdue. And
16 certainly everyone should support it.
17 Thank you.
18 ACTING PRESIDENT FARLEY: Senator
19 Daly.
20 SENATOR DALY: Mr. President. I,
21 too, would like to make comments on Senator
22 Leichter's words about the sophistication of
23 this legislation.
2424
1 And it's so sophisticated that
2 obviously the Assembly doesn't realize that the
3 proper title is Regional Administrator of the
4 United States Environmental Protection Agency
5 not the regional director.
6 ACTING PRESIDENT FARLEY: The
7 last section has been called for. You can read
8 it.
9 (The Secretary called the roll. )
10 THE SECRETARY: Those recorded in
11 the negative on Calendar 416 are Senators
12 Connor, Espada, Leichter, Markowitz, Montgomery,
13 and Oppenheimer. Ayes 54, nays 6.
14 ACTING PRESIDENT FARLEY: That
15 bill is passed.
16 Senator Connor, do you have a
17 motion?
18 SENATOR CONNOR: Mr. President, I
19 move that the following bill be discharged from
20 its respective committee and be recommitted with
21 instructions to strike the enacting clause:
22 Senate Print Number 4072.
23 ACTING PRESIDENT FARLEY: Without
2425
1 objection.
2 Senator Present.
3 Wait a second. We have a motion
4 from Senator Holland, Senator Present, if that's
5 all right with you.
6 Senator Holland.
7 SENATOR HOLLAND: Could you star
8 two bills for me? Calendar 377, Print Number
9 2817; and Calendar 381, Print Number 48.
10 ACTING PRESIDENT FARLEY: Both
11 bills are starred at the request of the sponsor.
12 Thank you, Senator Holland.
13 Any other motions on the floor?
14 Senator Present.
15 (There was a pause in the
16 proceedings. )
17 Senator Present, do you have some
18 good news for us?
19 SENATOR PRESENT: Many people
20 have been waiting for this. And before I say
21 it, I want to thank all the staff who have been
22 working diligently night and day, many hours, to
23 prepare the budget that has gone along and made
2426
1 it possible for us to at this time allow me to
2 make this statement.
3 ACTING PRESIDENT FARLEY: Let's
4 hear it for the staff.
5 (Applause. )
6 SENATOR OHRENSTEIN: Let me make
7 a statement. May I just add?
8 ACTING PRESIDENT FARLEY: Sure.
9 SENATOR OHRENSTEIN: I, too, want
10 to extend thanks, particularly to the staff, and
11 Michael Rynasko is here representing the finance
12 staff on the Minority side. I want to
13 particularly thank our finance staff for working
14 under very, very difficult conditions at late
15 hours, as did the Majority staff. I think
16 there's been a lot of good work done,
17 particularly these last ten days.
18 And I join you in your
19 commendation of everyone. And to all, a very
20 good holiday.
21 ACTING PRESIDENT FARLEY: Senator
22 Present.
23 SENATOR PRESENT: Here it is.
2427
1 Mr. President, there being no further business,
2 I move that we adjourn until Monday, April 19,
3 at 2:30 p.m., intervening days being legislative
4 days.
5 ACTING PRESIDENT FARLEY:
6 Fantastic. The Senate stands adjourned until
7 April 19, intervening legislative days.
8 (Whereupon, at 2:07 a.m., Senate
9 adjourned. )
10
11
12
13
14
15