Regular Session - January 11, 2005
65
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 January 11, 2005
11 11:36 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR RAYMOND A. MEIER, Acting President
19 STEVEN M. BOGGESS, Secretary
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21
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order.
4 May I ask everyone present to
5 please rise and join me in the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MEIER: The
10 invocation will be offered by the Reverend
11 Robert Hart, pastor of Sunrise Bible Church in
12 Rotterdam, New York.
13 REVEREND HART: Our Father, Your
14 word records at a critical time in the Nation
15 of Israel's history You rose up one of the
16 smallest of the tribes, the men of Issachar,
17 and for a very brief moment in time they rise
18 to the pages because they were men of
19 understanding who understood the times they
20 lived in and knew what the nation ought to do.
21 Now, when I pray that You to take
22 the men and the women that are here today,
23 they would understand the times -- You would
24 give them an understanding of the times they
25 live in and they would know what their
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1 communities and what our state ought to do.
2 Give them the wisdom of Solomon,
3 give them the heart of David, give them the
4 integrity of Joseph, and give them the passion
5 of Paul, that they may lead righteously.
6 We ask this in the name of my
7 savior, Jesus. Amen.
8 ACTING PRESIDENT MEIER: Reading
9 of the Journal.
10 THE SECRETARY: In Senate,
11 Monday, January 10, the Senate met pursuant to
12 adjournment. The Journal of Sunday,
13 January 9, was read and approved. On motion,
14 Senate adjourned.
15 ACTING PRESIDENT MEIER: Without
16 objection, the Journal stands approved as
17 read.
18 Presentation of petitions.
19 Messages from the Assembly.
20 Messages from the Governor.
21 Reports of standing committees.
22 Reports of select committees.
23 Communications and reports from
24 state officers.
25 Motions and resolutions.
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1 Senator Bruno.
2 SENATOR BRUNO: Mr. President,
3 can we adopt the Resolution Calendar, with the
4 exception of Resolution 45.
5 ACTING PRESIDENT MEIER: All
6 those in favor of adopting the Resolution
7 Calendar, with the exception of Resolution 45,
8 signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MEIER: Those
11 opposed, nay.
12 (No response.)
13 ACTING PRESIDENT MEIER: The
14 Resolution Calendar, with exception, is
15 adopted.
16 Senator Bruno.
17 SENATOR BRUNO: And, Mr.
18 President, can we have the title read on
19 Resolution Number 45 and move for its
20 immediate adoption.
21 ACTING PRESIDENT MEIER: The
22 Secretary will read the title of
23 Resolution 45.
24 THE SECRETARY: By Senator
25 Parker, Legislative Resolution Number 45,
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1 mourning the death of Congresswoman Shirley
2 Chisholm.
3 ACTING PRESIDENT MEIER: The
4 question is on the resolution. All those in
5 favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MEIER: Those
8 opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MEIER: The
11 resolution is adopted.
12 Senator Bruno.
13 SENATOR BRUNO: And with the
14 consent of my colleagues in the chamber, can
15 we open the resolution to the full house. If
16 there are any exceptions, please notify the
17 desk.
18 Please recognize Senator Paterson.
19 ACTING PRESIDENT MEIER: Senator
20 Paterson.
21 SENATOR PATERSON: Thank you very
22 much, Mr. Leader.
23 All of us mourn the death of
24 Shirley Chisholm, who served seven terms in
25 the United States House of Representatives,
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1 from 1968 to 1982, and prior to that served in
2 the Assembly, worked right here in this
3 Capitol.
4 Senator Ada Smith, a distinguished
5 member of this body, worked for Shirley
6 Chisholm, was a friend of hers, and actually
7 attended the memorial for the late
8 Congresswoman on Saturday, January 8th, in
9 Florida, where Congresswoman Shirley Chisholm
10 had gone and lived the last twenty years of
11 her life.
12 She was the first woman in the
13 Democratic Party to announce and run for
14 President of the United States, in 1972.
15 She staged a famous floor fight at
16 the Democratic State Convention in 1970 that
17 led in many ways to the selection of Basil
18 Paterson as the candidate for Lieutenant
19 Governor, someone who I know pretty well. The
20 problem was that Governor Rockefeller had
21 $13.5 million, and we didn't.
22 So this is a woman who I knew as a
23 child, going to different events, and met her
24 on a number of occasions -- certainly an
25 inspiration to women and an inspiration to all
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1 legislators, and certainly someone who will be
2 missed, but whose legend and, as is the case
3 with Senator Ada Smith, whose teachings will
4 follow us in our deliberations.
5 And we want to thank the Majority
6 Leader and Senator Kevin Parker for this
7 resolution. Also Senator Hassell-Thompson,
8 who has a resolution on behalf of the Women's
9 Caucus of the Legislature, and Senator Ada
10 Smith, who served and worked with
11 Congresswoman Chisholm.
12 And we are very happy that it will
13 be open for all members to join.
14 Thank you.
15 ACTING PRESIDENT MEIER: Senator
16 Volker.
17 SENATOR VOLKER: I just -- very
18 quickly.
19 I knew Shirley Chisholm also. In
20 fact, my father served in the Assembly, I
21 believe, with Shirley and also with a
22 wonderful gentlemen named Arthur Hardwick.
23 And I -- at one time I remember,
24 when I was younger, asking my father, "Why is
25 it that Shirley Chisholm is in Western New
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1 York so much?" And he said, "Well, because
2 she's in love with a Western New Yorker."
3 And sometime later I had lunch with
4 Shirley Chisholm and Arthur Hardwick, who
5 married -- later married Arthur. Arthur
6 Hardwick was an Assemblyman and a really
7 distinguished gentleman -- I know John Marchi
8 knew him -- from Buffalo, and served in the
9 Assembly I believe for a few terms.
10 But Shirley Chisholm spent a lot of
11 time in Western New York, not only with Arthur
12 but actually with us or with Arthur Eve, to
13 tell you the truth, because they were buddies
14 also.
15 She was a very nice, gentle lady,
16 but she could be very tough when she had to
17 be. And I think her passing is sort of the
18 end of a different kind of era, because she
19 was the kind of person you would never expect
20 would be a powerful politician, but she was.
21 ACTING PRESIDENT MEIER: Senator
22 Andrews.
23 SENATOR ANDREWS: Yes, Mr.
24 President.
25 Congresswoman Shirley Chisholm was
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1 a constituent in my district, the 12th
2 Congressional District. A lot of my
3 Senatorial district is in part of that
4 Congressional district.
5 And I met Congresswoman Chisholm
6 when I was a junior in college, where she
7 spoke before our student body and encouraged
8 all the students that were in college at that
9 time to receive an education and use that
10 education to come back and serve the
11 community. And I can honestly say that she
12 was one of the motivating forces behind my
13 involvement in public service.
14 And I want to congratulate my
15 colleagues Senator Parker and Senator Bruno
16 and Senator Paterson for advancing this
17 resolution.
18 And she will be sorely missed in
19 the district, as she was and will continue to
20 be a great woman.
21 Thank you.
22 ACTING PRESIDENT MEIER: The
23 resolution has been opened for sponsorship.
24 Any member not wishing to be listed, notify
25 the desk.
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1 Senator Bruno.
2 SENATOR BRUNO: Mr. President,
3 can we at this time return to reports of
4 standing committees.
5 I believe there's a report of the
6 Finance Committee at the desk. I ask that it
7 be read at this time.
8 ACTING PRESIDENT MEIER: Reports
9 of standing committees.
10 The Secretary will read.
11 THE SECRETARY: Senator Johnson,
12 from the Committee on Finance, reports the
13 following bills:
14 Senate Print Number 2, by Senator
15 Bruno, an act to amend the State Finance Law;
16 And Senate Print Number 3, by
17 Senator Bruno, an act to amend the State
18 Finance Law and others.
19 Both bills ordered direct to third
20 reading.
21 ACTING PRESIDENT MEIER: Without
22 objection, all bills directly to third
23 reading.
24 Senator Bruno.
25 SENATOR BRUNO: Mr. President,
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1 can we at this time take up the
2 noncontroversial reading of the calendar.
3 ACTING PRESIDENT MEIER: The
4 Secretary will conduct the noncontroversial
5 reading of the calendar.
6 THE SECRETARY: Calendar Number
7 1, by Senator Bruno, Senate Print Number 2, an
8 act to amend the State Finance Law, in
9 relation to establishing a procedure for the
10 implementation of a contingency budget.
11 SENATOR SCHNEIDERMAN: Lay it
12 aside.
13 ACTING PRESIDENT MEIER: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 2, by Senator Bruno, Senate Print Number 3, an
17 act to amend the State Finance Law and others,
18 in relation to budget reform.
19 SENATOR SCHNEIDERMAN: Lay it
20 aside.
21 ACTING PRESIDENT MEIER: Lay the
22 bill aside.
23 Senator Bruno, that completes the
24 noncontroversial reading of the calendar.
25 SENATOR BRUNO: Mr. President, at
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1 this time can we take up the controversial
2 reading of the calendar.
3 ACTING PRESIDENT MEIER: The
4 Secretary will conduct the controversial
5 reading of the calendar.
6 THE SECRETARY: Calendar Number
7 1, by Senator Bruno, Senate Print Number 2, an
8 act to amend the State Finance Law, in
9 relation to establishing.
10 SENATOR SCHNEIDERMAN:
11 Explanation.
12 ACTING PRESIDENT MEIER: Senator
13 Bruno.
14 SENATOR BRUNO: Mr. President and
15 colleagues, the legislation that is before us
16 is a bill that we all in this chamber passed
17 last year. And we gave first passage to a
18 constitutional resolution that would move,
19 with second passage this year, a referendum to
20 the people in November to approve budget
21 reform that would be effective in '06.
22 So that's the bill that's on the
23 floor. This is the chapter. And this is the
24 same bill that we passed, the Assembly passed,
25 and the Governor vetoed.
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1 So we are in a different
2 legislative session. We have different
3 members here and in the other chamber. And
4 we're all aware that there was a court
5 decision that in essence transferred most of
6 the budget powers to the Executive and
7 disenfranchised 212 legislators.
8 So this Senate 2 and Senate 3 will
9 help to create balance and equity in the
10 budget process, and we'll talk about Senate 3
11 in a little while.
12 This is the same bill that we have
13 taken up, and I believe we had pretty much
14 unanimous support with all the provisions that
15 are contained.
16 And this does not go into effect
17 till we give second passage to a resolution,
18 change the Constitution, and it goes before
19 the voters in November. If approved by the
20 voters, you then would be implementing what's
21 in this chapter, if the Governor signs it, in
22 '06.
23 Thank you, Mr. President.
24 ACTING PRESIDENT MEIER: Senator
25 Schneiderman.
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1 SENATOR SCHNEIDERMAN: Thank you,
2 Mr. President. On the bill.
3 I'm pleased that, as we have in
4 this house in the past, we are starting off
5 the year talking about budget reform, although
6 the conversation this year, I submit, is
7 extremely different from those we have had
8 before. The situation we are faced with after
9 the decision in Silver v. Pataki and related
10 cases is not like anything we have faced
11 before.
12 We are starting a new process. And
13 I personally intend to support this bill as we
14 have in the past. The Governor is -- this
15 is -- but let's be honest about what's
16 happening here. We have a challenge to the
17 authority of the Legislature that is laid
18 before us by the Court of Appeals and,
19 frankly, also by the Governor. We have to
20 respond to it. And I would suggest there are
21 three things we have to do.
22 One is -- you know, I support this
23 bill. This would, in some people's views,
24 transfer too much power to the Legislature.
25 I'm sure we can work that out as we go
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1 forward. There's a message here, though, of
2 support. And we have shown our willingness on
3 this side of the aisle to work in a bipartisan
4 way when institutionally our branch of
5 government is facing a challenge.
6 I do also think that we have to
7 deal with the issue of the constitutional
8 amendment at some point. But, further, I
9 would suggest that we also have to listen to
10 and work better with the Assembly.
11 Now, let's be frank about this.
12 The Assembly was supportive of this bill. The
13 Assembly is not going to support the bill that
14 we're about to consider. It's a one-house
15 bill. There are serious problems they've
16 raised, some of which I think are realistic,
17 that it gives the Governor too much power to
18 bring us in and out of a contingency budget.
19 So while I'm going to support this
20 bill, given the fact that we now have two
21 reform bills to choose from, I'm not going to
22 support the bill that follows.
23 At the same time, I would urge we
24 listen to the Assembly on another point. The
25 one thing that in the Silver v. Pataki case is
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1 clear, that even the majority that ruled in
2 favor of the Executive against the Legislature
3 stated that we still have power to do
4 supplemental appropriation bills after the
5 budget process is done, however much power the
6 Governor has. We can do supplemental
7 appropriation bills.
8 That requires us to work with the
9 Assembly, to be prepared to override. The
10 Assembly did a bill that many people feel was
11 not -- you know, wasn't going anywhere this
12 year, to restore some very critical cuts in
13 last year's budget. And many of my colleagues
14 here stood with me, with advocates for mental
15 health programs -- Senator Hassell-Thompson,
16 Senator Tom Duane, Liz Krueger, and others --
17 a few weeks ago when we were talking about
18 this. We were saying we need to support SUNY
19 and CUNY, we need to support programs for
20 runaway youth.
21 The Assembly has now made the next
22 step -- pass legislation, work on a
23 constitutional amendment, but also do not be
24 shy about exercising our power for
25 supplemental appropriations. Those are the
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1 three things that are available to us.
2 I'm going to support this bill. I
3 will not be supporting the following bill
4 because, even though I supported it a few
5 weeks ago, now I've got a choice between --
6 you know, I'm not just down to buying one car;
7 there are two cars on the lot, and I prefer
8 this one.
9 But I also would urge that as much
10 as we have to work together in this house, we
11 are going to have to work with the Assembly as
12 well to deal with this constitutional issue
13 facing us and the Governor. Constitutional
14 amendment and supplemental bills are also key
15 here.
16 So with that, Mr. President, I will
17 be supporting this bill and urging my
18 colleagues that we get more vigorously
19 involved together as a bipartisan group in
20 this house, but also with the people in the
21 Assembly, on how to address what I believe to
22 be something that has not yet reached the
23 point of a constitutional crisis but, if
24 things go down the wrong road in this year's
25 budget cycle, could well become a
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1 constitutional crisis.
2 Thank you.
3 ACTING PRESIDENT MEIER: Senator
4 Bruno.
5 SENATOR BRUNO: Mr. President and
6 colleagues, just by way of clarity.
7 I appreciate your support for the
8 bill that's on the floor. I am disappointed
9 that you talk about not supporting the next
10 bill. Because the next bill is what would get
11 us a budget in place this year. And the next
12 bill would implement all of the items in the
13 supplemental budget that the Assembly did,
14 which is a one-house supplemental, because
15 it's unconstitutional.
16 If we pass that bill today, that
17 supplemental, and send it to the Governor and
18 the budget comes out next Tuesday, the budget
19 supersedes any action that we can take on last
20 year's budget.
21 But if we do Senate 3, that
22 mandates the Assembly -- we want to partner,
23 of course, with the Assembly. We need them.
24 But Senate 3, by its chapter, dictates that in
25 February the Governor will send us a budget.
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1 In February, a contingency.
2 That contingency, and this is
3 important for everyone to know, goes back to
4 last year's budget, restoring all the vetoes.
5 So there's a billion-eight, a billion-seven in
6 the budget, if this becomes law, Senate 3.
7 That's how you get the items that
8 were vetoed into law, not by doing something
9 that has been determined is just show because
10 it can't become law. But if we pass Senate 3,
11 it changes the dynamics of getting a budget
12 done this year.
13 And, colleagues, let me share with
14 you, I don't know how we will ever get a
15 budget done this year if we don't do this
16 reform package and create a condition where,
17 if we can't agree, we get a contingency.
18 I am going to share with you, last
19 year we had the latest budget in the history
20 of this state, 20 years in a row. You're
21 going to have a later budget this year, for
22 the 21st year, if we don't do a reform package
23 to put something in place.
24 Because while we need and want to
25 work with our colleagues in the Assembly, we
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1 don't see it happening. And I hope and pray
2 that by our taking action in this house, they
3 must respond or should respond.
4 And if they don't like the language
5 in Senate 3, let them change it. Change it.
6 We'll go to conference committees immediately,
7 as we did on Senate 2, and we came to an
8 agreement.
9 Now, what's wrong with that?
10 That's an open process. It's a public
11 process. It's governing. And it's not
12 folding our arms. And it's not just
13 grandstanding. It's getting a result.
14 So, Mr. President and colleagues, I
15 urge you to support this Senate 2, which goes
16 into effect, if it's approved, in '06. And
17 we'll talk about Senate 3 when it's on the
18 floor.
19 Thank you.
20 ACTING PRESIDENT MEIER: Senator
21 Krueger.
22 SENATOR LIZ KRUEGER: Thank you.
23 I appreciated listening to the
24 debate between both of my colleagues. And we
25 seem to have merged our discussion of 2 and 3.
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1 And Senator Bruno, in his closing
2 section of his statement, actually made the
3 point that I wanted to make. I'll be voting
4 for Senate 2, as we did last year, because it
5 grew out of a conference committee. It was a
6 successful process by both houses, both
7 parties.
8 And he is right. We can make
9 changes and improvements and move forward for
10 this year if we revisit the successful model,
11 recreate the conference committee on budget
12 reform between the two houses, continue the
13 successful pattern of last year with
14 bipartisan membership, and perhaps come up
15 with an agreement across both parties and both
16 houses for Senate 3, or some variation. I
17 would suspect some variation on Senate 3.
18 Senate 2, we know, we face the
19 continuing assumed veto of the Governor.
20 Senate 3, we right now know, today, that we
21 still don't have colleagues in the Assembly
22 who are open to this or prepared to pass this.
23 So let's pass 2. And I urge
24 Senator Bruno to immediately call for either a
25 reconvening of or a new budget reform
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1 conference, both houses, both parties, as was
2 successful last year. And let's see within
3 the next few weeks whether we can get an
4 agreement between both houses, perhaps a
5 variation on Senate 3, or perhaps a Senate 4
6 that will have a same-as bill in the Assembly.
7 Because you are right, we need to
8 move forward. But my colleague Senator
9 Schneiderman is also right: it is a new year,
10 it is a new time. The Governor spoke after we
11 passed Senate 2 last year in both houses. The
12 court spoke after we moved that legislation.
13 And I think -- and I urge my
14 colleagues to immediately reconvene a task
15 force to resolve this issue between both
16 houses and move forward expeditiously and hope
17 that this year the Governor won't veto us but,
18 rather, will join us in this.
19 Thank you, Mr. President.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 39. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 2, by Senator Bruno, Senate Print Number 3, an
7 act to amend the State Finance Law and others,
8 in relation to budget reform.
9 SENATOR SCHNEIDERMAN:
10 Explanation.
11 ACTING PRESIDENT MEIER: Senator
12 Bruno, Senator Schneiderman has requested an
13 explanation.
14 SENATOR BRUNO: And, Mr.
15 President and colleagues, this is Senate 3.
16 And this fairly well duplicates the bill that
17 we just passed that would become effective
18 upon the Assembly passing it, second passage,
19 and it getting implemented either by the
20 Governor's signature or by an override in '06.
21 So what we're saying is that we
22 have to get a reform package in place in '05.
23 And this bill, you all voted for it
24 unanimously a few weeks ago, all of you. And
25 it's only intended -- we cannot put together a
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1 conference committee on this unless the
2 Assembly passes a bill.
3 And I hope, if they don't like the
4 language in this bill, they'll change it and
5 pass a different bill, and we'll pass it to
6 the conference committee on Senate 2, on
7 Senate 3, and through a public process. All
8 of us want to open up the process. And that's
9 true reform. And the real reform in this
10 process of governing is budget reform.
11 But why are we talking about '06?
12 We're living in '05. And we have to legislate
13 in '05, we have to govern in '05. We're
14 elected to govern in '05. And we invite the
15 Assembly to join us -- if not on this bill, on
16 their version of it.
17 So I would urge that you consider
18 the ramifications of not implementing budget
19 reform this year. It's what the people demand
20 of you when they send you here -- of us, when
21 they send us here. And it was one of the key
22 issues for all of us in this past year.
23 So I would urge passage of
24 Senate 3.
25 ACTING PRESIDENT MEIER: Senator
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1 Balboni.
2 SENATOR BALBONI: Mr. President,
3 I am struck, as I read the two proposals, by
4 the similarity of the provisions.
5 And I think if anyone is paying
6 attention to the process itself to try to see,
7 you know, where is the Legislature going and
8 what is going to be the end result for the
9 people we represent, obviously reform is the
10 first thing we're looking at. But also there
11 are some pieces in here that are very
12 important that are similar. And that's really
13 what we have to focus on -- what is the same,
14 as opposed to what the differences are.
15 I think the independent review, the
16 budget review office is critical. I think
17 this is something that's really going to add
18 clarity to the process. But moreover, there's
19 a reality here, ladies and gentlemen, that I
20 think we should consider as a body.
21 This proposal we are voting for now
22 is, in my opinion, a superior product because
23 it recognizes something that the state has
24 grappled with for, I don't know, 80 years:
25 How do you govern this state, how do you take
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1 into account the various needs and concerns
2 within all of our districts.
3 Now, from the legislative process
4 we all have our bite at the apple and we all
5 try to urge the programs on behalf of our
6 constituencies. But that's not what starts a
7 budget process.
8 And the scheme that we will adopt
9 in this particular measure I believe is
10 superior because to come out of the
11 contingency period, it is the Executive that
12 proposes the budget once again. And there is
13 a practical ramification to that. Let's face
14 facts, folks. The Budget Office of the
15 Executive is much larger than ours. They have
16 the ability to produce the budgets from a
17 statewide perspective. And that's something
18 that we should recognize, frankly.
19 And given the fact that the Court
20 of Appeals seems to be predisposed to focus on
21 that one element, we should recognize that.
22 Because you really have to work on this one
23 notion. If we're in a contingency budget
24 period and a contingency budget has cut out
25 things that all of us think are very
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1 important, the only way out of there is to
2 submit a new budget.
3 And the bill that we just passed
4 says it's got to be a legislative budget.
5 That presumes that we get along with the
6 Assembly to propose the budget. And what we
7 do is we add one more layer of possible
8 obstruction for the process to go forward.
9 I believe this is a superior
10 solution to this problem. And, as Senator
11 Bruno said, it happens this year. That's the
12 message we received this last election.
13 That's what people want to see. That's what
14 we need to do now. Mr. Speaker, here's the
15 bill. Let's have a response. Let's do it
16 now.
17 Thank you.
18 ACTING PRESIDENT MEIER: Senator
19 Schneiderman.
20 SENATOR SCHNEIDERMAN: Thank you,
21 Mr. President. On the bill very briefly.
22 We've made these arguments before.
23 Quite honestly, I think that what we are
24 dealing with here is a good-faith effort to
25 move through a process that we've never
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1 encountered before -- not us personally, no
2 one's ever encountered this before.
3 But I would respectfully suggest
4 that we have passed a bill, we just passed a
5 bill unanimously, we should move forward to
6 try to convene a conference committee with the
7 Assembly. We challenge them now to pass a
8 bill.
9 The problem I have with this
10 bill -- and again, when we came back in the
11 moment where we needed to make a statement
12 that we were prepared to move forward and try
13 to do something, this was the best bill on the
14 table. In fact, on that day it was the only
15 bill on the table.
16 I personally think there is a
17 significant problem with this bill as we move
18 forward with the Assembly to prepare ourselves
19 to negotiate with the Governor. We cannot
20 tell the people of this state we can't pass
21 budgets on time and we can't pass good
22 budgets -- because we can't get along with the
23 Assembly? That is not an acceptable argument
24 to our constituents.
25 We have to pass a budget that deals
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1 with the CFE decision. We have to pass a
2 budget that deals with our health care crisis,
3 with our seniors, with the bankruptcy of the
4 greatest mass transit system in the world.
5 And we can't continue to make the
6 argument we can't do it because the Assembly
7 won't work with us. Our job is to get them to
8 work with us. And we have to work with the
9 other house of the Legislature to deal with
10 the constitutional challenge posed by the
11 Governor's approach and the Court of Appeals
12 ruling.
13 As I've tried to point out, there
14 are ways to deal with it. We should -- we
15 just passed a bill; we should move forward to
16 the conference committee with the Assembly as
17 soon as they pass something. We should be
18 dealing with the possibility of a
19 constitutional amendment as quickly as
20 possible.
21 And we should focus in on our
22 absolutely unassailable power to pass
23 supplemental bills. The Assembly has sent a
24 message they are prepared to do that. I hope
25 we will do the same.
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1 This bill I think loses sight of
2 the ultimate goal of a good budget funding all
3 the groups that we've spoken about. Senator
4 Hassell-Thompson is nodding, and she speaks on
5 this whenever she has the opportunity. The
6 goal is a good budget, not just a contingency
7 budget. And this bill overly focuses on the
8 contingency budget which frankly, I think, has
9 put too much in the hands of the Governor.
10 If he puts out a contingency budget
11 we don't like, we're tying our own hands too
12 much. The Court of Appeals will do that for
13 us, ladies and gentlemen. Let's not tie our
14 own hands ourselves. Let's work
15 intelligently; let's put our heads together.
16 Yesterday I think an important
17 statement was made by the leader of our house
18 that we're going to try and get our best ideas
19 together and work on a bipartisan basis. As
20 much of a challenge as Rules reform is, this
21 may be a bigger challenge because of the
22 constitutional parameters.
23 So I'm urging a no vote on this
24 bill, but agreeing with virtually everything
25 else our great Majority Leader has said.
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1 Let's go to a conference committee. Let's
2 move forward on a constitutional amendment.
3 Let's get a budget done this year. But let's
4 make sure it's a good budget that addresses
5 all of the needs of our citizens and not make
6 excuses that we can't work with the Governor,
7 we can't work with the Assembly. We've got to
8 do better than that.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MEIER: Senator
11 Volker.
12 SENATOR VOLKER: Mr. President,
13 you know, the interesting thing about it is
14 here that I guess I've been here in Albany
15 about as long as anybody but John. Obviously,
16 John has been here longer than practically
17 anybody else. I'm talking about in both
18 houses.
19 We really know what happened last
20 year, and it wasn't this house. The problem
21 here is -- and I think we all want to work
22 with the Assembly. And by the way, I think
23 the Assembly wants to work with us. There's
24 one small problem.
25 What happened last year was not a
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1 dysfunctional Legislature, except that when 63
2 people from the Majority of the Assembly made
3 a conscious decision not to do the budget
4 until the master was appointed -- and we know
5 that happened.
6 I mean, the problem is Sheldon
7 didn't make that decision. It's my belief
8 that the people in New York City that are part
9 of the Assembly made that decision. And there
10 was a reason for it. Politically, New York
11 City has tremendous needs right now. It's
12 not -- the school aid stuff -- the problem
13 with school aid, there's no evidence that more
14 school aid is necessarily going to help that
15 district. What it really needs is reform.
16 But that's beside the point.
17 The problem is we have a Medicaid
18 problem, we have a school aid problem upstate.
19 The business community has been fooled into
20 thinking it's Medicaid that's the big problem.
21 It's school aid that could raise taxes
22 50 percent in upstate New York, outside of the
23 City.
24 If we ever allow a judge to order
25 us -- they can order all they want. They
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1 can't make us. If we ever allow a judge to
2 order us to transfer $3 billion to New York
3 City and implement it, we in upstate New York
4 are headed for a tremendous disaster. By the
5 way, no judge can really do that. You think
6 there's going to be a constitutional challenge
7 if they try to do that? You're right.
8 Frank Padavan and I were here, and
9 I just want to say this once, when a judge
10 ordered us to spend a tremendous amount of
11 money on Willowbrook. They were threatening
12 to take him to jail, which was kind of a joke.
13 We were ready to go to jail. Hugh Carey caved
14 in, in what has to be one of the most
15 ridiculous -- he threw hundreds of millions of
16 dollars at Willowbrook.
17 And why was it silly? What they
18 did was this -- I won't characterize the
19 judge, who was a little over the hill.
20 Geraldo Rivera called this whole thing to
21 happen. That's how long we've been here.
22 They put hundreds of millions of dollars into
23 Willowbrook because a judge said, Take care of
24 those kids at Willowbrook. We said, We're
25 going to put them in a nice facility. No, you
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1 can't move them.
2 We put hundreds of millions of
3 dollars -- now, Hugh Carey said, I'll put the
4 money in the budget. The Legislature won't do
5 it. So he did.
6 We rebuilt Willowbrook, it took
7 about two years, tore it down and put the kids
8 out of it and sent them someplace else. Well,
9 that was a smart thing to do. That was really
10 brilliant.
11 It shows you sometimes the
12 craziness that can happen when the politics
13 gets out of hand. And we all who were around
14 at the time just looked at it and shook our
15 heads. And the media, The New York Times
16 thought it was wonderful. They loved it. It
17 was a disaster. We cannot allow another
18 disaster to happen here.
19 Last year was the greatest
20 upstate/downstate battle I've seen since I've
21 been here. And funny, the business community
22 and everybody thought it wasn't. And it
23 wasn't this house. But, Eric, I want to tell
24 you something. If 35 members of this Majority
25 decide we're not going to pass a budget until
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1 August 1st, how are you going to stop them?
2 But worse than that, when a
3 regional issue like school aid, which is
4 politically charged, when 63 people from the
5 New York City delegation decide to do it, how
6 are you going to stop them in a democracy?
7 The only way you stop them is with the reform
8 that we are suggesting here.
9 Because this creates the
10 contingency problem. We have to do this
11 because we're headed for another classic
12 confrontation later on this year over school
13 aid, Medicaid, $60 billion in bonds for the
14 Lower Manhattan Reconstruction Corporation --
15 which none of us talk about, which is the
16 World Trade Center -- the Jets, all that stuff
17 that the city needs.
18 We have needs too in upstate
19 New York. And speaking from my position, Joe
20 Bruno, I think, represents the whole state.
21 And we all represent the whole state. We
22 can't just take care of New York City and
23 forget everybody else.
24 So what this bill does, by the way,
25 is give us time to get ourself back on track.
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1 Because I tell you, I think the Assembly is
2 with us in wanting to get us back on track.
3 But it's difficult, because politics is
4 different. Our people care, in upstate
5 New York, about budgets. I know the people in
6 downstate don't really care that much as long
7 as they get their money. But it's different
8 upstate.
9 That's our problem. That's why
10 Senator Bruno is so right with this bill. And
11 that's why, by the way, I predict it will
12 pass -- maybe not exactly the way it is, but
13 it will become law.
14 ACTING PRESIDENT MEIER: Senator
15 Robach.
16 SENATOR ROBACH: Yes, on the
17 bill.
18 I guess I rise to enthusiastically
19 support this for two reasons. One is, and
20 foremost, call me a crazy politician, out of
21 response to my constituency, who clearly has
22 said to us repeatedly we need to have a
23 different process, we need to have a better
24 process.
25 And, secondly, what these bills are
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1 about, I believe, while I like components of
2 all of them, as Senator Bruno has pointed out,
3 as Eric Schneiderman has even pointed out,
4 this is about engaging the Assembly.
5 I agree with the assessment but not
6 the conclusion. Having come from that house
7 and that majority, they have historically
8 taken a very cavalier approach, at best, at
9 wanting to get a budget done on time.
10 What we have done today, by moving
11 these bills, in addition to responsiveness to
12 the public, is given choices, options to get
13 them to do anything.
14 And you're right, we do have to
15 work together. We may have to go to a
16 conference committee if they don't embrace
17 this one. I personally would like them to do
18 the reform that will get that in place by this
19 year. That would be optimal. But if they
20 don't, at least there's choices. At least we
21 can begin the process.
22 And I think one thing we would all
23 agree on, this is important to all our
24 constituencies. Whether it's a question of
25 degrees, whether you're from downstate,
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1 upstate, east or west, we ought to have a
2 process, we ought to minimally have a
3 conference committee to do this again and get
4 this done right, not only in the short term
5 but on the long term. The public really has
6 demanded it, rightfully so.
7 I am going to do my part and
8 support this. And maybe we should all do
9 this: rather than talk about engagement, do
10 what we can in a bipartisan way to also get
11 the other house to comply. At the end of the
12 day, when we can only take care of our
13 individual house, what the public will judge
14 us by is what we have accomplished. And there
15 is no question we need the other house to do
16 that.
17 But this is definitely options,
18 steps in the right direction, and
19 responsiveness, positive action for what the
20 public wants. This is good for our house.
21 Hopefully the Assembly will embrace it as
22 well.
23 ACTING PRESIDENT MEIER: Senator
24 Saland.
25 SENATOR SALAND: Thank you, Mr.
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1 President. On the bill.
2 Let me, if I can, perhaps just
3 state what I think are some basic maxims. I
4 believe that before you can negotiate, you've
5 got to get folks to the table.
6 And perhaps our memories are a
7 little dull, or perhaps we've lost sight of
8 the fact that for nine years prior to last
9 year this house passed, as its number-one
10 bill, budget reform, Senate 1 in each and
11 every year. And finally, in the 10th year,
12 when the crescendo from our respective
13 districts became loud and alarming enough, we
14 managed to get our friends over in the other
15 house to get to the table.
16 And, yes, we did come up with,
17 after a long and arduous process, a bill,
18 through a conference committee, a bill that
19 the Governor vetoed.
20 When I hear Senator Schneiderman
21 talk about the fact that we have resort to
22 supplemental appropriations, we've had resort
23 to supplemental appropriations for the past
24 20 years.
25 I needn't remind Senator
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1 Schneiderman, because I'm sure he read the
2 same case that I read, that -- what the Court
3 of Appeals said when they in effect amplified
4 the already strong powers of this Governor, or
5 any Executive.
6 What they said was the Governor is
7 not omnipotent. I don't have the text in
8 front of me, but that's the word that they
9 used. And they went on to say the Legislature
10 has the ability to resort to gridlock.
11 So what the Court of Appeals has
12 basically done is they've taken an ugly,
13 arduous process and they've made it that much
14 more difficult.
15 I think, as Senator Bruno has said,
16 this is going to be a difficult year in which
17 to get a budget, and perhaps it will be even
18 later. I think this ensures the session from
19 hell. The Court of Appeals has basically
20 ensured that. No way, no how are we going to
21 find things any easier this year than we did
22 last year.
23 So for me, we can talk about
24 procedural reform. That's not going to get us
25 budget reform, it's not going to get us
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1 Medicaid reform, it's not going to get us a
2 host of other reforms that are at the heart of
3 what has prevented us from coming to an
4 agreement. You've got to get to the table in
5 order to be bipartisan. And if you won't come
6 to the table, there's no possibility of being
7 bipartisan.
8 So I commend Senator Bruno for
9 continuing the fight to make this our
10 number-one priority and for continuing the
11 efforts to get the Assembly to the table.
12 Come to the table, talk to us, let's see if we
13 can work something out. Nine years of silence
14 doesn't work. The tenth year was close, but
15 close isn't good enough in this business.
16 Let's try it in the 11th year to get together.
17 Thank you.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 32. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MEIER: Senator
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1 Nozzolio, to explain his vote.
2 SENATOR NOZZOLIO: Thank you, Mr.
3 President.
4 I rise to applaud Senator Bruno for
5 taking this very bold step. Just let the word
6 go forth that this house, this Senate is
7 serious about budget reform. This is the very
8 first bill our house is enacting this
9 legislative session, to topple the
10 dysfunction, when there's no greater symbol of
11 dysfunction in our state capital than the
12 lateness of the state budget process.
13 This measure goes a long way to
14 stop that dysfunction. That I applaud our
15 conference for taking this action. And that,
16 frankly, it's time long overdue that budget
17 reform is established in the State of
18 New York.
19 Thank you, Mr. President.
20 ACTING PRESIDENT MEIER: Senator
21 Nozzolio will be recorded in the affirmative.
22 Senator Winner, to explain his
23 vote.
24 SENATOR WINNER: This is my first
25 vote in the State Senate, and I'm very proud
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1 to cast a vote in favor of this measure. It's
2 been a long time coming.
3 I've served in the Assembly for a
4 lot of years, and in the last 20 when the
5 budget has been late. And I can tell you that
6 there's been no more dysfunctional operation
7 in my experience than that watching the budget
8 deadlock that we have watched year after year.
9 So I am proud to cast my vote in
10 the affirmative on this measure. I'm proud to
11 be a member of this body, seeing budget reform
12 take its forefront. And I'm hopeful that
13 we'll have accommodation with the Assembly.
14 However, I'm not so sure that it
15 will be easy or forthcoming in the near
16 future. After all, why aren't they doing this
17 as the first order of business? There is no
18 more important business for the State of
19 New York in restoring confidence in this
20 government and restoring confidence in the
21 Legislature than having a budget done on time.
22 Thank you. I vote in the
23 affirmative.
24 ACTING PRESIDENT MEIER: Senator
25 Winner will be recorded in the affirmative.
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1 Senator Schneiderman, to explain
2 his vote.
3 SENATOR SCHNEIDERMAN: Yes, Mr.
4 President.
5 The Senators who have spoken here
6 have made a lot of points. I would urge
7 everyone, though, we have to move beyond the
8 rhetoric that we're taking action to make the
9 budget process better.
10 I realize this is difficult. I
11 realize this may be a difficult session. But
12 the people who we represent have more
13 difficulties than we do with the budgets that
14 we're producing. We have to produce budgets
15 that deal with the needs of the people.
16 And with all due respect for my
17 great colleague Senator Volker, when people
18 from New York City wake up to the fact -- as
19 they have with the report released last summer
20 by the Mayor -- that we send more than
21 $10 billion a year in taxes to the rest of the
22 state than we get back in goods and services,
23 maybe they are entitled to say, You know what,
24 we do need some money for our schools, we do
25 need some money for our hospitals, we do need
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1 some money for our buses and subways.
2 The way we're going to get that, I
3 think, is by arguing this out on the merits,
4 by opening up the process. We favor
5 conference committees. The Assembly will pass
6 a bill; let's go to a conference committee,
7 let's have public hearings.
8 It should not be beyond us to say
9 we can accomplish this, we can compromise, we
10 can negotiate, we can stay here as long as it
11 takes. That's not an excuse. I'm sorry if
12 this is too hard. We're here to represent
13 people in difficult circumstances.
14 Let's stop doing blame today, and
15 let's start doing responsibility. It's easy
16 to blame. Let's get to work and pass some
17 budgets that actually help the people we
18 represent.
19 Thank you.
20 ACTING PRESIDENT MEIER: Senator
21 Schneiderman will be recorded in the negative.
22 Announce the results.
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 2 are Senators
25 Andrews, Connor, Dilan, Duane,
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1 Hassell-Thompson, L. Krueger, Onorato,
2 Oppenheimer, Parker, Paterson, Savino,
3 Schneiderman, A. Smith, and Stavisky. Also
4 Senator Montgomery. Ayes, 45. Nays, 15.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 On Calendar Number 2, Senator
8 Serrano will also be recorded in the negative.
9 THE SECRETARY: Ayes, 44. Nays,
10 16.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 Senator Bruno.
14 SENATOR BRUNO: Mr. President, is
15 there any other business at the desk?
16 ACTING PRESIDENT MEIER: No,
17 there's no other business, Senator.
18 SENATOR BRUNO: Then there being
19 no further business to come before the Senate,
20 I would move that we stand adjourned until
21 Tuesday, January 18th, at 3:00 p.m.,
22 intervening days to be legislative days.
23 ACTING PRESIDENT MEIER: On
24 motion, the Senate stands adjourned until
25 Tuesday, January 18th, at 3:00 p.m.
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1 Intervening days will be legislative days.
2 (Whereupon, at 12:22 p.m., the
3 Senate adjourned.)
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