Tuesday, February 9, 1993

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 9, 1993 10 3:39 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR HUGH T. FARLEY, Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. Senators will please 4 find their seats. 5 If you will please rise with me 6 for the Pledge of Allegiance to the Flag. 7 (Whereupon the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 Today, we're pleased to have the 10 Reverend Peter G. Young, Pastor of Blessed 11 Sacrament Church of Bolton Landing, New York, to 12 give us the opening blessing. 13 FATHER YOUNG: Let us pray. 14 Almighty God, make Your grace 15 enkindle in all of us a love for the many 16 unfortunate people whom poverty and misery 17 reduce to a condition of life unworthy of being 18 human. 19 Arouse in the hearts of those who 20 call You Father a hunger and a thirst for social 21 justice and for eternal charity in deeds and in 22 truth. 23 Grant, O Lord, peace in our day. 1 And we pray, too, for the 2 continued good health of Mr. Ryan, who today is 3 with us celebrating his 90th year of commitment. 4 We ask You this, now and 5 forever. Amen. 6 ACTING PRESIDENT FARLEY: Thank 7 you, Father Young. 8 The Secretary will begin by 9 reading the Journal. 10 THE SECRETARY: In Senate, 11 Monday, February 8. The Senate met pursuant to 12 adjournment. The Journal of Friday, February 5, 13 was read and approved. On motion, Senate 14 adjourned. 15 ACTING PRESIDENT FARLEY: Hearing 16 no objection, the Journal will stand approved as 17 read. 18 The order of business: 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 (Whereupon, Senator Christopher 5 Mega was in the chair. ) 6 SENATOR PRESENT: Mr. President. 7 ACTING PRESIDENT MEGA: Senator 8 Present. 9 SENATOR PRESENT: I move that we 10 adopt the Resolution Calendar that's on our 11 desks. 12 ACTING PRESIDENT MEGA: All those 13 in favor, signify by saying aye. 14 (Response of "Aye.") 15 All those opposed, nay. 16 (There was no response. ) 17 The Resolution Calendar is 18 adopted. 19 Senator Leichter. 20 SENATOR LEICHTER: Yes, Mr. 21 President. While we're on motions and 22 resolutions, I would like to hand up a 23 privileged resolution. This mourns the death of 1 Honorable Edwin Margolis. And if I could - 2 ACTING PRESIDENT MEGA: Senator, 3 I'm told that was on the Senate Resolution 4 Calendar. 5 SENATOR LEICHTER: Oh, I see. We 6 just passed that? 7 ACTING PRESIDENT MEGA: Yes, 8 Senator. 9 SENATOR LEICHTER: All right. 10 Then with your kind permission, Mr. President, I 11 just want to say just a couple of words. 12 ACTING PRESIDENT MEGA: Senator 13 Leichter on the resolution. 14 SENATOR LEICHTER: First, let me 15 say anyone who wishes to add his or her name to 16 the resolution, please do so. I think many of 17 us remember Eddie Margolis, not so much as a 18 jurist -- and he was an outstanding jurist of 19 the Court of Claims -- but remember when he was 20 one of us when he worked with us as counsel to 21 Assembly Speakers for many years. Eddie was a 22 delight to work with. I'm not going to go on at 23 great length. 1 There was a very moving memorial 2 held for him, and I think some of the members 3 were there earlier today in the Assembly 4 chamber. But I think it's fitting that we 5 recognize that what is so important to the 6 working of this Legislature is not the Assembly 7 people or the Senators, although I guess we have 8 some role to play, but it's the very dedicated 9 staff people from elevator people to the most 10 senior counsel. 11 Eddie was a senior counsel. He 12 was an exceptional counsel, and I don't think 13 there was a member, whether they were Republican 14 or Democrat or Majority or Minority, that didn't 15 get help from Eddie if they asked for it. 16 We're fortunate to have known 17 him, fortunate to have his service. He provided 18 great, great dedicated service to the people of 19 the state of New York, and we should remember 20 him. 21 Thank you, Mr. President. 22 ACTING PRESIDENT MEGA: Thank 23 you, Senator Leichter. 1 On behalf of the chair, I'm glad 2 that you brought that to the attention of the 3 house and made those statements. 4 Senator Ohrenstein. 5 SENATOR OHRENSTEIN: Yes. I take 6 note of the fact that we passed Resolution 337. 7 I would like to make some brief remarks. 8 ACTING PRESIDENT MEGA: Without 9 objection. 10 SENATOR OHRENSTEIN: Mr. 11 President. This is a resolution memorializing 12 the memory of Theodore S. Weiss, who served as 13 the Congressman from the 20th District in New 14 York City for a very, verry -- for a span of 15 close to two decades. 16 Ted Weiss passed away on 17 September 14, 1992, and I am glad that we were 18 able to pass the resolution in his memory. 19 Ted Weiss was not only my 20 colleague as a member of Congress, he was also a 21 very personal friend. I got to know Ted Weiss 22 as long ago as 1954, when we both had the 23 privilege of serving as assistant district 1 attorneys in the office of District Attorney 2 Hogan of New York County. And even beyond that, 3 we were bachelors and we both became roommates, 4 and we had an apartment on what in the future 5 became part of my district on the West Side on 6 West 93rd Street. 7 So during the years during which 8 we served as assistant district attorneys we 9 were also roommates on the West Side until he 10 got married and I got married, and a very, very 11 good arrangement was broken up. 12 But during -- as the years 13 unfolded both of us became active in politics. 14 We both ended up founding a club on the West 15 Side of Manhattan which became one of the 16 leading reform Democratic clubs and which 17 became, in fact, the home and the genesis of 18 many political careers on the West Side, 19 including that of Congressman Bill Ryan, 20 Assemblyman Kretchmer, Assemblyman Blumenthal 21 and, in later years, of Senator Leichter and 22 others of similar ilk. 23 Is life would have it, we had 1 this very close friendship during those years; 2 but, of course, as we know when we get into 3 politics, paths sometimes diverge. We formed 4 this political club, but there wasn't room in it 5 for the two of us. So he went and he formed his 6 own club. I think some of you are familiar with 7 those kind of histories. 8 We remained very close friends 9 despite our momentary political disagreement, 10 and history speaks of his career and, I'm proud 11 to say, of my own career. 12 He was elected a member of the 13 City Council of the city of New York, made an 14 extraordinary contribution there particularly in 15 terms of legislation affecting clear air and 16 noise pollution. 17 He then was elected to the United 18 States Congress some 15 or 20 years ago where he 19 made an extraordinary mark. 20 Ted became, literally, known as 21 the conscience of the House of Representatives. 22 He was very independent. He was a loner. He 23 believed that his constituency wanted someone in 1 Congress to articulate a liberal progressive 2 point of view. And he did it without fear, 3 without seeking political advantage and remained 4 a voice, often alone, sometimes in the 5 wilderness, but a voice that was clearly heard. 6 And to show you that despite his 7 independence, despite the fact that he stood for 8 himself and stood so often alone, at his 9 memorial service at Stephen Weiss synagogue 10 following his demise there were probably 200 11 members of Congress who came from Washington in 12 order to sit with his family and his community 13 in order to memorialize him. It was an 14 extraordinary outpouring for a man who had 15 carved out such an independent path. 16 It was very interesting that Ted 17 Weiss was a peace activist. He was one of the 18 earliest opponents of the Vietnam War; was 19 extraordinarily articulate about it; opposed 20 much of the military effort that went into the. 21 But at his funeral at his request, his casket 22 was draped with a United States flag made out 23 of flowers in extraordinary display of 1 patriotism, and he had requested that a military 2 honor guard come and participate in the 3 service. 4 So that Ted Weiss while he was 5 this extraordinarily independent and critic of 6 much of the policies of the United States was 7 also an extraordinary patriot. 8 He was born in Hungary, came to 9 this country at an early age, and he came to 10 love the United States of America. And when he 11 spoke out as he spoke out, he did it because he 12 believed it was right for the country, that his 13 criticisms were right for the country. And it 14 was clear that his sincerity and his dedication 15 to this country and to the principles underlying 16 it came from the heart and were so sincere that, 17 as I said, hundreds of his colleagues in the 18 United States Congress, many of whom disagreed 19 with him over the years, came to honor him in 20 his final resting place. 21 So speaking for myself and for my 22 community, I'm very happy that we recognize 23 Teddy's enormous accomplishments and his place 1 in the history of the state of New York. 2 ACTING PRESIDENT MEGA: Senator 3 Farley. 4 SENATOR FARLEY: Thank you, Mr. 5 President. A week ago, there was a resolution 6 presented honoring Jim Ryan -- James Ryan, who 7 is celebrating his 90th birthday. 8 SENATOR LEICHTER: Mr. 9 President. 10 ACTING PRESIDENT MEGA: Senator 11 Leichter, why do you rise? 12 SENATOR LEICHTER: Pardon me, 13 Senator Farley, but while we're on the 14 resolution relating to Ted Weiss, I wanted to 15 say a couple of words on that. 16 ACTING PRESIDENT MEGA: Senator 17 Leichter, without objection. 18 SENATOR LEICHTER: Thank you very 19 much. 20 ACTING PRESIDENT MEGA: For the 21 record, the resolution has passed, and you may 22 say a few words on the resolution. 23 SENATOR LEICHTER: Right. 1 ACTING PRESIDENT MEGA: Senator 2 Leichter. 3 SENATOR LEICHTER: Thank you, Mr. 4 President. I would be remiss if I did not get 5 up and say a few words about Ted Weiss and 6 associate myself with the very moving and very 7 accurate comments in describing Ted Weiss that 8 my good friend Senator Ohrenstein made. 9 Ted was my friends for many, many 10 years. We were political colleagues. It's 11 hard, really, to capture the steadfastness, the 12 integrity, the sense of purpose that Ted Weiss 13 had in staying and in moving towards the goals 14 that he felt were so important. He was a person 15 of very deep convictions. 16 And maybe it's captured as well 17 as anything by a story that Congressman Charles 18 Rangel told at the memorial service that Senator 19 Ohrenstein referred to. And he talked about how 20 when a tough bill had to pass the Congress and 21 the Speaker would meet with the various whips 22 and say, "Well, look, these are the members that 23 we've got to go after," and all the whips would 1 volunteer happily to take the various members, 2 trying to impress the Speaker. But when the 3 name Ted Weiss came up, there were never any 4 volunteers. People knew that Ted made his 5 decision on every bill solely on the merits as 6 he saw it. He was that sort of a person. 7 He gave great service to his 8 district, which was mainly the West Side but 9 included also the Village and parts of the 10 Bronx. But his service really transcended his 11 district. It even transcended the state of New 12 York. He gave great service to the whole 13 country, and I think he showed what a public 14 servant shall be, which is a person of 15 convictions, a person of integrity. He will be 16 sorely missed. 17 Thank you. 18 ACTING PRESIDENT LIBOUS: Does 19 anyone else wish to speak on the Ted Weiss 20 resolution? 21 (There was no response. ) 22 Senator Farley. 23 SENATOR FARLEY: Thank you, Mr. 1 President. A week ago, there was a resolution 2 presented honoring James, "Jim", Ryan on 3 celebrating his 90th birthday on February 12. 4 Although this resolution was 5 adopted last Tuesday, Mr. Ryan is with us today 6 and with his family in the center of the 7 gallery, and I respectfully request that the 8 Secretary read Resolution 307, honoring one of 9 our oldest Senate employees. 10 Mr. Secretary, do you have that 11 resolution? If you would read that. 12 THE SECRETARY: Legislative 13 Resolution, by Senator Farley, congratulating 14 James Ryan on the occasion of his 90th birthday 15 on February 12, 1993. 16 Whereas, Friday, February 12, 17 1993, marks the celebration of a milestone in 18 the life of James Ryan, whose family, co-workers 19 and friends, join in extending to him their 20 warmest congratulations and sincere best wishes 21 on the occasion of his 90th birthday. 22 James Ryan was born in 1903 in 23 Watervliet, New York, where he attended local 1 schools. He was one of six children with two 2 brothers and three sisters. 3 James Ryan exhibited at a very 4 early age the strong virtues and impressive 5 characteristics which define h8im to this very 6 day. He is organized, industrious, dependable 7 and intensely loyal to his family, his friends 8 and his colleagues. His interests are limit 9 less and his optimism is contagious and 10 inspiring. 11 James Ryan's broad experience in 12 all areas of the work force started as a young 13 child when he was employed as a laborer at St. 14 Agnes Cemetery; subsequent to that, he went on 15 to work for the D & H and New York Central 16 Railroads. He worked for the Albany police for 17 several years before becoming an insurance 18 representative for the Continental Company. 19 His long and rewarding career 20 with the government of New York State started in 21 1968, when he served as a clerk with the New 22 York Assembly; James Ryan added to his vast 23 government experience by serving as a security 1 guard with the Assembly and spending some time 2 in the Legislative Bill Drafting Commission. 3 Presently, and for a period 4 spanning over an entire decade, James Ryan has 5 worked in constituent relations in the office of 6 Senator Hugh T. Farley, where his friends are 7 many and where he is held in high esteem and 8 with great affection by his fellow workers, 9 whose loyal friendship and undying admiration he 10 has justly earned. 11 James and Theresa, "Daisy", Ryan 12 were married in 1927 and are the proud parents 13 of a daughter, Dolores; they also have six 14 grandchildren and three great-grandchildren. 15 Throughout his impressive 16 lifetime and distinguished career, James Ryan, a 17 very active, energetic and industrious gentleman 18 has inspired and enriched the lives of his 19 family, friends, and colleagues through his love 20 and respect for others and the wisdom that comes 21 from many years of experiencing life to its 22 fullest. 23 It is the intent of this 1 legislative body to publicly recognize those who 2 have reached such a significant milestone in 3 their lives and who have witnessed and 4 contributed to the developments and achievements 5 of our country and state during this most 6 fascinating period. 7 Now, therefore, be it resolved, 8 that this legislative body pause in its 9 deliberations to honor and congratulate this 10 exceptional person upon the occasion of his 90th 11 birthday on February 12, 1993; and 12 Be it further resolved, that a 13 copy of this resolution, suitably engrossed, be 14 transmitted to James Ryan. 15 SENATOR FARLEY: Thank you, Mr. 16 Secretary. My colleagues, in the chamber with 17 us is this young fellow Jim Ryan, who never 18 misses a day's work, never misses a step as far 19 as his duties are concerned with me, a real 20 inspiration. This is a 90-year-old employee who 21 really is a joy to be around. He brightens up 22 the entire office. 23 And let me just say that his 1 entire family is up here. His bride, Daisy. 2 Would you please stand up, Daisy. They have 3 been married 66 years. Is that right? 66 4 years. 5 But I know that, Jim, we're so 6 very proud of you. And on behalf of the New 7 York State Senate congratulations, and we want 8 to see you back here in ten years for another 9 resolution. 10 (Applause. ) 11 ACTING PRESIDENT LIBOUS: Senator 12 Bruno. 13 SENATOR BRUNO: Mr. President, 14 thank you. I'm just honored to be able to stand 15 here and say a word to Jim and to his family. I 16 had the privilege of serving with Jim when he 17 was in the Assembly. At that time, as you may 18 recall, I was on staff with the then Speaker 19 Perry Duryea. Jim always had a smile, always 20 had a good word for everybody, and I got to tell 21 you, he makes people look good. A testimony to 22 that is Senator Farley. 23 (Laughter. ) 1 I asked Jim what his secret was 2 not in just his longevity but in staying fit and 3 looking so well; and do nyou remember what you 4 said to me? "It's that home brew that I make, 5 and a great wife and not in that order." 6 My congratulations to you, Jim. 7 It's great to see you and your family looking so 8 well, and many more years of happiness and 9 health. 10 (Applause. ) 11 ACTING PRESIDENT MEGA: On behalf 12 of the Majority Leader and on behalf of all the 13 other members, we wish you a very happy 14 birthday. I first came to the Assembly in 1974 15 and the first person I met was then Mr. Bruno 16 who is not an Assemblyman, and then I met you 17 and everything was okay. So, you know, you kind 18 of gave me the right impression of what it's all 19 about. We wish you well. 20 And, Daisy, he told me that he 21 would never have accomplished anything without 22 you. He told me that privately. So we 23 congratulate you and the family for being here. 1 It's a very special day. And thank you for 2 letting us be part of that special day. 3 Happy birthday. 4 (Applause. ) 5 Secretary. Report of standing 6 committees. 7 THE SECRETARY: Senator Cook from 8 the Committee on Education reports the following 9 bills directly for third reading: 10 Senate Bill Number 241, by 11 Senators LaValle and Trunzo, approval of certain 12 building aid for the William Floyd Union Free 13 School District. 14 Senate Bill 279, by Senator 15 Hannon, authorize payments in lieu of taxes by 16 the county of Nassau. 17 Senate Bill Number 943, by 18 Senator Saland and others, Education Law, in 19 relation to requiring boards of education to 20 provide transportation. 21 Senator Padavan from the 22 Committee on Cities reports the following bill 23 directly for third reading: 1 Senate Bill Number 280, by 2 Senators Hannon and others, Real Property Tax 3 Law. 4 Senator Levy from the Committee 5 on Transportation reports the following bills 6 directly for third reading: 7 Senate Bill Number 80, by Senator 8 Levy, requiring the Commissioner of 9 Transportation to conduct a review of the 10 transportation of disabled children. 11 Also, Senate Bill Number 191, by 12 Senator Levy and others, Vehicle and Traffic 13 Law, checks on school bus attendants. 14 Senator Volker from the Committee 15 on Codes reports the following bills directly 16 for third reading: 17 Senate Bill Number 546, by 18 Senator Padavan, Criminal Procedure Law. 19 Senate Bill 564, by Senator 20 Skelos and others, an act on amend the Penal 21 Law. 22 Senate Bill Number 583, by 23 Senator Volker, Criminal Procedure Law. 1 Senate Bill Number 648, by 2 Senator Levy and others, an act to amend the 3 Penal Law. 4 Senate Bill Number 776, by 5 Senator Tully and others, an act to amend the 6 Penal Law. 7 Senate Bill Number 779, by 8 Senator Tully, an act to amend the Civil 9 Practice Law and Rules. 10 Senate Bill Number 931, by 11 Senator Volker and others, an act to amend the 12 Penal Law. 13 Senate Bill Number 949, by 14 Senator Skelos and others, Civil Practice Law 15 and Rules, and the Public Health Law. 16 Also Senate Bill Number 919, by 17 Senator Volker, an act to amend the Penal Law, 18 in relation to resisting arrest. 19 Senator Spano from the Committee 20 on Mental Health and Developmental Disabilities 21 reports the following bill directly for third 22 reading: 23 Senate Bill Number 1006, by 1 Senator Spano and others, an act to amend the 2 Mental Hygiene Law. 3 Senate Bill Number 1009, by 4 Senator Spano on others, an act to amend the 5 Mental Hygiene Law. 6 All bills reported directly to 7 third reading. 8 (Whereupon, Senator Hugh Farley 9 was in the chair. ) 10 ACTING PRESIDENT FARLEY: Without 11 objection, all bills are reported directly to 12 third reading. 13 Senator Present, I guess we're 14 ready for the calendar. What's your pleasure? 15 SENATOR PRESENT: Proceed with 16 the calendar. 17 ACTING PRESIDENT FARLEY: 18 Non-controversial, Secretary will read. 19 THE SECRETARY: On page 4, 20 Calendar Number 39, by Senator Farley, Senate 21 Bill Number 718, authorize state aid to the town 22 of Hadley, Saratoga County. 23 ACTING PRESIDENT FARLEY: There 1 is a local fiscal impact note at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 53. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 43, by Senator Stafford. 13 SENATOR PRESENT: Lay it aside. 14 ACTING PRESIDENT FARLEY: Lay the 15 bill aside. 16 SENATOR PRESENT: Lay it aside 17 for the day. 18 ACTING PRESIDENT FARLEY: Lay it 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 48, by Senator Marino, Senate Bill Number 1650, 22 proposing an amendment to the Constitution. 23 SENATOR LEICHTER: Lay it aside. 1 ACTING PRESIDENT FARLEY: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 49, by Senator Trunzo, Senate Bill Number 582, 5 an act to amend the Civil Service Law. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 53. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 50, by Senator Bruno, Senate Bill Number 934, an 18 act to amend the Civil Service Law. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 53. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 57, by Senator Nozzolio, Senate Bill Number 8 1530, amends Chapter 108 of the Laws of 1924. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 53. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 Senator Present, that's the first 20 time through. Controversial? 21 SENATOR PRESENT: Take up the 22 controversial calendar, please. 23 ACTING PRESIDENT FARLEY: 1 Secretary will read the controversial calendar. 2 THE SECRETARY: On page 4, 3 Calendar Number 48, by Senator Marino, Senate 4 Bill Number 1650, proposing an amendment to the 5 Constitution. 6 SENATOR LEICHTER: Mr. President. 7 ACTING PRESIDENT FARLEY: Senator 8 Leichter, do you wish to speak? 9 SENATOR LEICHTER: Yes, I would 10 like to speak on the bill, but if somebody 11 wishes to explain it first -- I'm not asking for 12 an explanation, but if -- Senator Bruno? 13 ACTING PRESIDENT FARLEY: Senator 14 Bruno would be pleased to explain this. 15 SENATOR LEICHTER: No, I'm not 16 asking for an explanation but if the Senator 17 wanted to speak ahead of me, I would yield to 18 him. 19 ACTING PRESIDENT FARLEY: We'll 20 try to determine that. Do you wish to speak, 21 Senator Bruno? 22 SENATOR BRUNO: I would like to 23 speak. 1 ACTING PRESIDENT FARLEY: Senator 2 Bruno would like to speak. 3 SENATOR BRUNO: Thank you. You 4 are always a gentleman. 5 On this bill, Mr. President, we 6 had this bill before us last year; and it passed 7 as I recall by 42 votes. I had passed a similar 8 bill in the previous three years. 9 It is important for us to 10 recognize that the Governor of this state has 11 stated repeatedly that he supports a cap on 12 spending. He supports a cap on spending. I 13 believe he mentioned it again in his State of 14 the State. Several years ago, you may recall, 15 we did a watered down version of a cap on 16 spending, which is now part of the laws of this 17 state, but that watered down version has allowed 18 us in this chamber and the Governor to spend as 19 freely as we have in the past. So it is not 20 truly a cap on spending. 21 Why do we need a cap on 22 spending? Because spending has been out of 23 control in this state -- in the last ten years, 1 especially. Since this governor has been 2 governor, spending has gone up approximately 114 3 percent while the inflation rate has gone up 4 about 54 percent. 5 Now, what's wrong with spending? 6 We all like to spend. Nothing is wrong with 7 spending, except when you spend you have to 8 create revenue; and if the revenue is not 9 sufficient to cover your spending, unlike in 10 your household budget where you cut spending or 11 in your business where you stop spending, in 12 state government what you do is you increase 13 taxes, you increase fees, you increase 14 assessments, you go out and borrow, you go out 15 and do one shots. You destroy the integrity of 16 the financial system in the state which we have 17 accomplished in this state; in that we are now 18 ranked what, 49th in credit standing in all of 19 the United States? 20 So it is time for all of us - 21 and I know my colleagues on that side of the 22 aisle are supportive. I know you are 23 supportive. Now is the time to stand up and 1 speak your piece and get counted. 2 What this bill does very 3 specifically -- and it's common sense. It ties 4 state spending to the personal income of the 5 people of this state. It is 9-1/4 percent of 6 the personal income of the people of this state, 7 so we spend within our means, Senator -- within 8 our means. 9 If this cap had been passed last 10 year by the Assembly as we passed it in this 11 house and signed by the Governor, our budget 12 this year would have been 1.4 billion less - 13 the Governor's proposal, 1.4 billion less. Now, 14 what would that mean if the Governor submitted a 15 budget with a cap? It would mean the personal 16 income tax that's on the books would go into 17 effect for 800 million. It would mean that the 18 surcharge on businesses that's supposed to go 19 from 15 to 10 percent producing 300 million 20 would stay in place, and that 300 million would 21 stay with the businesses to help create jobs in 22 this state which we desperately need, and it 23 would also allow the sunsetting of the gross 1 receipts tax, in essence, that we put on 2 hospitals to the tune of a couple hundred 3 million. 4 Now, if that's what you are 5 voting on when you vote against this cap, you 6 are voting to increase taxes, increase fees, 7 continue the borrowing in this state that puts 8 us on the brink of bankruptcy. So I urge you to 9 set politics aside, act in a reasonable way and 10 support this concept. 11 So Senator will say, what do you 12 do in case of an emergency? You have a cap on 13 spending. Supposing there is an emergency? We 14 have to spend an extra half a billion dollars 15 for something. That's in the bill. There are 16 emergency clauses in that the Governor with the 17 concurrence of two-thirds of the Legislature can 18 declare an emergency and increase the cap for 19 that period. 20 It also sets aside monies in a 21 stabilization fund so that as the revenue 22 increases in this state and surpasses that cap, 23 it goes into a special fund. And in that 1 special fund, it would sit there in case there 2 is a shortfall for the following year or two. 3 After a certain percen tage of money is 4 accumulated, you take that surplus; and what do 5 you do with it? You don't spend it. You reduce 6 taxes, and you reduce the debt. That's what you 7 do with it. 8 It is a very common sense 9 reasonable approach to return fiscal sanity to 10 this state. It's time to do it. 11 Now, what you are going to vote 12 on is a Constitutional Amendment. Why do we 13 want to put it in the form of a Constitutional 14 Amendment? So that after two separate 15 Legislatures deal with it and it goes before 16 people in a referendum and is approved, a future 17 Legislature can't change it, can't invade it, 18 without going through the Constitutional 19 Amendment process. That's why. 20 I'm going to conclude by just 21 reminding everyone here that had this cap been 22 in place since this governor has been governor, 23 we would be looking at a surplus of $23-plus 1 billion -- $23-plus billion -- instead of 2 looking at a deficit budget of 3.7 billion this 3 year, 11 billion in the last two years, which is 4 wreaking havoc on the health and welfare and 5 quality of life of the people of this state. 6 And, by the way, the personal 7 income -- and I'm not going to review it with 8 you, but it's here -- the personal income of the 9 people of this state has gone up every year for 10 the past six years. So when we keep hearing 11 about dropping revenues -- the income has gone 12 up, Okay, to where now it sits at about $425 13 million. I've got the chart if anyone wants to 14 look at it. Up every year. 15 So I'm going to sit down and ask 16 you to reflect on being supportive, putting 17 politics aside. I know that there are those 18 that are saying, you know, you've got to have 19 money to spend so we can take care of all of 20 these constituencies. I know that, and I am 21 sympathetic to that. But we can not continue to 22 tax people out of business, out of their homes, 23 cutting aid to education and localities, forcing 1 increased property taxes. We cannot continue to 2 do that. We just can't. So the time is now for 3 some action. 4 So, Mr. President, I ask that you 5 act in the affirmative on this bill. 6 SENATOR LEICHTER: Mr. President. 7 (Whereupon, Senator Thomas Libous 8 was in the chair. ) 9 ACTING PRESIDENT LIBOUS: Senator 10 Leichter. 11 SENATOR LEICHTER: Mr. 12 President. Senator Bruno, let me first say I'm 13 somewhat distressed. I think some of your 14 comments were of a nature that they really 15 bordered on the improper personal attacks. 16 I mean I think to criticize the 17 way that you did the budget and, of course, 18 therefore, the people who voted for it -- let me 19 say I disagree with Senator Marino, but I think 20 your attacks on him for the budgets that he has 21 presented in this house and voted for, I think 22 that was too harsh, Senator. 23 And I dare say, Senator, that 1 maybe some of your comments ought to have been 2 made while you shave, while you look in the 3 mirror. Because I seem to remember you voting 4 for all these budgets, these terrible budgets. 5 They're horrible. 6 Senator, it's this side of the 7 aisle -- this side of the aisle that in the main 8 or the majority of the members on this side of 9 the aisle who voted against it. So who are you 10 to lecture how terrible these budgets are? 11 Please don't criticize Senator Marino's budgets 12 in those terms again. He is a very fine 13 legislator. 14 Mr. President. Let me just say 15 we're going to have a slow roll call on this, 16 and I see relatively few people here, and 17 there's no sense going through a long debate if 18 we're not going to vote on the bill today. 19 SENATOR BRUNO: We will vote on 20 it today. 21 SENATOR LEICHTER: You intend to 22 vote on it? Okay. 23 But let me say, I don't want to 1 be harsh on Senator Bruno, and I don't want to 2 be harsh on the sponsors of this bill, and maybe 3 we were too harsh on the, because I understand 4 what you are saying. I understand what this 5 is. This is a plea for help. This is a plea 6 for help by people who say, "We can not control 7 ourselves; we can not be trusted;" by people who 8 say, "I cannot represent you. I cannot do what 9 is in your interest. You must prevent me from 10 doing you harm." 11 And, Senator, I understand that 12 plea because I, too, agree -- maybe for little 13 different reasons than you -- that these budgets 14 that we've passed are budgets that have failed 15 the people of the state of New York. They have 16 been budgets that have been riddled with one 17 shots and gimmicks and so on that you voted for, 18 that the majority voted for. 19 And I understand. You are now 20 coming and saying, "Keep us from doing more 21 harm." I want to respond to that plea, 22 Senator. I think it's a legitimate plea. When 23 I take a look at what you people voted for in 1 the last few years, yes, you should be up here 2 saying, "We cannot be trusted." Because I don't 3 think you can be trusted. 4 But, Senator, I think there is a 5 better way, and I think that this bill has a lot 6 of problems. This bill would tie the state into 7 budgetary and fiscal gridlock. But there is a 8 way to deal with what you have confessed here, 9 which is an addiction that the side of the aisle 10 that you sit on has which is to vote for 11 deficient budgets. And I suggest that you form 12 a spenders anonymous. I think that's what you 13 need. Because I know to throw the habit that 14 you have, it's an addiction. Listen. There's 15 addictions in our society. We accept it, and we 16 want to help you, and we want to deal with it. 17 I mean take, for instance, 18 Senator Marino. He came to this Legislature 19 when I did. He voted for all the Rockefeller 20 taxes. He voted for all the Rockefeller 21 budgets. He's been voting for all these budgets 22 that you attack so harshly. 23 You're not going to shake that 1 addiction overnight. You can't go cold turkey 2 on that. It's going to take some time. I think 3 the sort of counseling, the meeting together 4 with people who have a similar affliction - 5 you, Senator Bruno, ought to be part of that 6 group, if I may suggest -- and you all ought to 7 get together. In fact, if I may suggest it, I 8 think the Majority Conference Room would be a 9 good place for you to hold your meetings, and 10 maybe you all should call the meeting starting 11 next week with all the people who sponsored this 12 bill who are saying, "I can not do the right 13 thing; you've got to constitutionally bind me 14 because otherwise I'm going to savage the 15 taxpayers; I'm going to damage the people of the 16 state of New York." 17 Some of us don't have that 18 problem, Senator. So those who do, join 19 spenders anonymous and try to deal with the 20 affliction that you have. 21 But let me just say about this 22 bill. I mean, really -- and I would never use 23 the word hypocrisy in the same sentence as 1 Senator Bruno, and I know that it's just a 2 matter of being misguided. But somebody else 3 who might not understand what goes on here and 4 your very sincere commitment to the welfare of 5 your political position, you know, might say, My 6 God, how can these people who passed all these 7 budgets, who come here who increase the 8 Governor's expenditure requests, who are always 9 up here saying, please more money for schools, 10 more money for this, who are $48 million in 11 member items that -- you know, that really raise 12 a lot of questions and always fighting to get 13 even more of that, and who vote for things such 14 as forcing the Thoroughbred Association -- not 15 the Thoroughbred Association -- the New York 16 Racing Association at gun point to give over 17 their land and to sell it and to use it to meet 18 ongoing expenditure, how can you come here with 19 a bill like that? I think the only explanation 20 is that you are indeed saying, we are out of 21 control. We cannot be trusted. 22 But what this bill does -- and I 23 thought it was well analyzed last year by 1 Senator Halperin. I know there's some new 2 members here. Just briefly for their benefit I 3 will point out, you know, government can't be 4 run like a business. Senator Halperin rightly 5 pointed out it is precisely at a time that 6 government revenues are declining that 7 government is going to have more demands on it. 8 There's more demands to help people in need, 9 there's more demands to try to spur on the 10 economy. There's more demands to deal with 11 infrastructure needs and so so. And the problem 12 with this bill is that it allows absolutely no 13 flexibility whatsoever. 14 If there is a need to reduce 15 spending, we have all the power in the world to 16 do it now. What keeps you from doing it? If 17 there is a need to increase spending, we have 18 that power too, and if we do it wrong, we have 19 to answer to the voters. 20 Let me just say that when 21 Congress tried through the Gramm-Rudman bill, to 22 fix expenditures in a particular way, it didn't 23 work. It didn't work, and no mechanical formula 1 can work. I think the beauty of our form of 2 government is that we elect representatives and 3 that they are charged with carrying out the 4 interests of the people. You and I may see that 5 differently, Senator Bruno, but we have that 6 responsibility and carry out that 7 responsibility. I don't think you need to be 8 precluded from carrying out that 9 responsibility. If you can't be trusted, then 10 the people will say, that's not who we want as a 11 representative. 12 But I think we ought to be honest 13 with people. We ought to tell them what we've 14 done. I mean for you to say if we had a cap 15 we'd have a surplus now of $23 billion, Senator, 16 that's so absurd that I'm almost surprised that 17 somebody of your great intelligence would throw 18 out numbers like that without at all taking into 19 account inflation, without taking into account 20 real dollars, without taking into account 21 changes within the state, the demographics and 22 other things that obviously have created a need 23 to increase expenditures. 1 Maybe you can sell this to the 2 public, but I think the public is a lot 3 smarter. The public doesn't buy these sort of 4 things any more, Senator. And the public might 5 very well say, "Well, wait a second, what have 6 you been doing in all these budgets that are so 7 bad?" If these budgets are so bad, why did they 8 pass? 9 Why did you vote for it? That's 10 really the issue here. You are using this sort 11 of as a fig leaf to cover the sins that you have 12 committed in the past. Senator, I suggest you 13 join spenders anonymous. 14 ACTING PRESIDENT LIBOUS: Senator 15 Bruno wishes to speak. 16 SENATOR BRUNO: Thank you, 17 Senator. Thank you very much. I really 18 appreciate your offer of therapy, and I'm going 19 to pass that on to Senator Marino, and I'm sure 20 that by now he may be aware of that, and we may 21 have to convene in the conference room. Okay? 22 And I know you are well intentioned when you say 23 that. 1 Now, what I'm also going to 2 suggest -- and never once did I say that I was 3 not party to all that has gone on in these last 4 ten years, nor has Senator Marino ever stated he 5 hasn't been party, too. But I'm going to 6 broaden, I think, the therapy sessions, and 7 we're going to ask -- Senator, we're going to 8 ask your colleague, Speaker Weprin, to join us 9 with all the Democrats in the Majority over 10 there who were partners in everything that you 11 recited, everything -- partners -- because, as 12 you know, no budget takes place in this state 13 without the Senate and the Assembly and signed 14 by the Governor. 15 So, if you want, you suggest to 16 Speaker Weprin that he's got to get his and his 17 colleagues' act together and stop being such a 18 spendthrift and say all the kinds of things that 19 you just said to me and to my colleagues, 20 because we are partners in what has gone on. 21 Now, Senator, I wanted to just 22 for the record -- because we have a habit of 23 speaking for the record -- want to remind you 1 that there is one chief executive in this 2 state. Not 211. One. And that chief executive 3 in this state has more power over the budget 4 than the President of the United States. 5 Now, you in a cavalier way can 6 talk about our being spendthrifts, and I'm going 7 to redirect you to the chief executive of this 8 state. And if you think I judge him harshly, I 9 do. I definitely do. He has the power of line 10 item veto. The President of the United States 11 has been trying to get that power for how many 12 years and doesn't have it. If the Governor 13 thinks that we overspend, all he has to do is 14 sit there in candlelight and put lines through 15 the items that he doesn't agree with. Has he 16 done that, Senator? No. He sits there, 17 gleefully, as you people do on that side of the 18 aisle, voting for the spending side of the 19 budget. And when you did that, I was on the 20 floor saying some unkind things about you. 21 Because you were willing to vote for the 22 spending side of the budget, so you could go 23 back home and say: We did this. I did this. I 1 did that. 2 You all did that. Most of you 3 did that, didn't you? Do you recall that, 4 Senator? 5 But then when it came time for 6 the revenue, for taxes and fees to pay the bill, 7 you looked at us and said, pick up the tab. 8 Okay. And then you have the audacity during the 9 campaigns to go out there and remind our 10 opponents of that. Not very nice. Not you, 11 Senator, personally, but not very nice. 12 This governor has to take the 13 responsibility for having increased spending 114 14 percent while he's been governor. I feel badly 15 saying that. And also the fact that we have to 16 keep deferring, like people who don't know what 17 they are doing, a tax cut that we put in place 18 three years ago for the people of this state and 19 for the businesses in this state. It's like we 20 are out of control. And yes, we are. 21 Now, I'm talking, Senator, on 22 this floor about this budget. I was reciting 23 history, but we're looking at each other here 1 this afternoon, today, talking about this 2 budget. Very difficult times. 3 This budget that our governor has 4 proposed to us increases general fund spending 5 by 5.3 percent. Now, just think about that. 6 The inflation rate is what, 3.3, 3.4? In times 7 like these when we have more people out of work 8 in this state than any other state in the United 9 States, we have lost more jobs than any other 10 state in the United States in these last three 11 years, and we get a budget that increases 12 spending by 5.3 percent in the General Fund, 6.6 13 percent overall with federal funds. And the 14 Governor has moved off line out of the general 15 revenue a half a billion dollars almost into 16 "Special Revenue Other," so that he can say 17 General Fund has gone up by 1.6 percent. 18 You want to talk about mirrors? 19 "Special Revenue Other" has gone up by 8 20 percent, off line. Average 5.3 percent. I 21 think that is horrendous. 22 Now, who submitted that budget, 23 Senator? I ask you that rhetorically. I didn't 1 submit it. The Majority in this house didn't 2 submit it. The Speaker didn't submit it, the 3 Governor of this state submitted it. And that's 4 where I put the responsibility for the increased 5 spending and the taxes and the fees and the 6 assessments and the one shots and the bonding 7 that we have put in place that has led us to the 8 bottom of the financial world in their regard as 9 to our ability to repay our debt, Senator. 10 So I appreciate your concern for 11 my mental health and for that of my colleagues, 12 and I confess -- I confess -- to be party and 13 part of the addiction of spending. And I, 14 again, submit to you that we have learned in 15 this house, at least on this side of the aisle 16 that what we have been doing is wrong. So, join 17 us now, join hands, and we'll go forward 18 together. And this governor who says he 19 supports a cap, if we pass this bill and the 20 Speaker passes this bill, it will go on into the 21 next Legislature and, hopefully, the people of 22 this state will approve it, and it will become 23 law and then we won't have to deal with this 1 kind of debate, Senator. 2 Thank you, Mr. President. 3 ACTING PRESIDENT LIBOUS: Senator 4 Galiber. 5 SENATOR GALIBER: Senator, I have 6 nothing to offer therapeutically, nothing 7 whatsoever. What I do have to offer is this 8 magnificent body that we are part of. 9 We're legislators. We take our 10 responsibility seriously. We are legislators in 11 the good times and we're legislators in the bad 12 times. 13 In state is going through a bad 14 period. We all recognize that. And it's 15 relatively easy to point fingers, if you will, 16 as to who is responsible. And I can recall last 17 year we had this debate, and we talked about 18 putting legislators into straitjackets, and 19 that's what we're doing here. We're talking 20 about a path which we should never, never 21 pursue; and that path is to take the 22 Constitution of this state and the Constitution 23 of this country, one that has held us in good 1 stead so long, so that we can not do directly so 2 we will do indirectly, and the answer to 3 problems that can't be resolved, we suggest a 4 Constitutional Amendment. 5 Haven't we learned our lesson 6 with the Office of Court Administration? 7 Haven't we learned yet that this is not the 8 route to go, that we shouldn't change the 9 Constitution? That's why some of us have fear 10 about having a Constitutional Convention because 11 all kinds of crazy things would probably happen 12 at that point. 13 There is a rumor going around 14 that we might even have to go the route of a 15 constitutional change in order to get a death 16 penalty passed, and that's sad. Because if 17 we're not successful, let's change the 18 Constitution. 19 And we've got some history to go 20 to. We recognize that on a federal level -- and 21 that's where the driving force comes from. The 22 driving force comes from central government, and 23 central government has tried to put caps, 1 artificial caps, if you will, on the spending, 2 and the budgets keep flowing. And they keep 3 getting higher, and they keep cutting back 4 monies for the local government and the states. 5 And there are mandates, and we find ourselves in 6 a position where we have to do the kind of 7 spending that we are doing. 8 Has it run out a bit? You better 9 believe it has. We spent more than we should be 10 spending. The Governor of this state has come 11 from time to time and warned us about cutting 12 taxes a few years ago, but we didn't listen to 13 him. We went and cut the taxes and we're paying 14 that price right now. 15 In fact, Senator, last year, as I 16 started to mention, the debate went something 17 like this. We've got to be concerned about 18 Medicaid and the cheats and the expenditure of 19 Medicaid. We've got to be concerned about 20 welfare, and we've got to be concerned about 21 those people who can least afford -- least 22 afford to be in a straitjacket, if you will. 23 The problem with this piece of 1 legislation if it were to pass -- and, Senator, 2 we know it's not going to pass whether we need 3 to join or not. But I enjoy you bringing it to 4 our attention each year because it gives us an 5 opportunity to say that, yes, we're not as bad 6 off as we were last year. We're going to have 7 another couple of tough years, and New York is 8 going to be last. Jersey is kind of pulling out 9 a little bit. They are creating jobs. Whole 10 reversals are taking place. Connecticut 11 probably will be next. 12 New York State is going to be 13 last. We've got a tough responsibility, but we 14 can fulfill that responsibility if we take on 15 the responsibility of legislators that join 16 hands to accomplish and to solve these problems 17 rather than blame an individual for the 18 spending. 19 Yes, we differ, not on the 20 therapeutic approach necessarily. We differ 21 because we're concerned in government about all 22 people. Caps have a way of putting 23 straitjackets, as I mentioned before, not only 1 on us but on people. Who will be the 2 beneficiaries in government when we need to 3 move, whether it be an environmental -- we had 4 the environmental hearing this afternoon, where 5 we need more money for a particular purpose and 6 we can't get it because there is a cap on it. 7 And then in the real world -- most of the time 8 we like to function in the real world. In the 9 real world there were more gimmicks to this 10 notion, even if this piece of legislation were 11 to pass. 12 Senator Goodman last year 13 reminded us of his background and expertise when 14 he was finance person in the city of New York. 15 But he told us also about tax expenditures and 16 back door spending and all the other gimmicks 17 that go with it. We're tired of taking the back 18 room approach to solving some of these problems. 19 This piece of legislation costs 20 us too much as legislators. We have the 21 responsibility. We should take on the 22 responsibility. We're not as bad off as we were 23 last year. This is going to be a tough year, as 1 I said before, and maybe we'll have another 2 tough year, but we're working our way out, and 3 with a new central government. Because I have 4 -- my party is there now. 5 With our President, I feel more 6 monies and more benefits will be coming into the 7 cities and the states throughout the nation and 8 not cut off like it was before. But more 9 important, colleagues, let's not give up our 10 responsibility. Let's not tinker with the 11 constitution. Let's not be bitter enders 12 because we can not get what we want through 13 normal channels and threaten constitutional 14 changes. Because we don't have to go that 15 route. 16 We tried the Gramm-Rudman bill, 17 cap, so to speak, on the central government. It 18 didn't work, and neither will this. So, 19 Senator, I again say to you the main thrust of 20 my comments are not profound in terms of how to 21 resolve it, whether we put you in therapy or no, 22 the point of the matter is that we should not 23 tinker with the constitution. We should not 1 abdicate our responsibility of legislators. We 2 should pull together to help all the people of 3 this state, and we can not do that if we put a 4 cap on spending which is almost un-American - 5 almost un-American -- because there are in a 6 democracy things that come up and needs of 7 people in a democracy that, if we cap it, we 8 can't supply those needs. 9 Now, some of you might not care. 10 Very few of you in your heart's heart don't 11 care. Most of you do, but it's a position that 12 we take politically. For the folks that you 13 represent and the folks that I represent, the 14 urban centers where things change on a 15 day-to-day basis, we need that flexibility in 16 order to govern in our localities and in our 17 state Senate districts. 18 This is a bad piece of 19 legislation. It takes away from us as 20 legislators. It's used as an instrumentality 21 through which we want to change the constitution 22 which is a dangerous thing to do in a democracy. 23 It has held us in good stead for so long, let it 1 stay where it is. 2 This is a bad piece of 3 legislation. I vote no. 4 ACTING PRESIDENT LIBOUS: Senator 5 Saland. 6 SENATOR SALAND: Mr. President. 7 On the resolution. 8 If I may just draw upon some of 9 Senator Galiber's ideas and perhaps some of the 10 Governor's ideas. I, for one, have heard the 11 Governor on more than one occasion, state that 12 New York standing alone were you to take its 13 budget would be one of the largest economic 14 entities on the face of this world. The state 15 of California and perhaps eight or nine other 16 states, perhaps, having larger budgets. 17 I have also heard the Governor, 18 as recently as a few months ago, basically say 19 if it ain't in the constitution, it don't 20 count. And he said that in reference to his 21 desire to take monies from the dedicated highway 22 fund. He said, "So what? We made a promise. 23 It's not in the constitution. It simply doesn't 1 count. 2 I heard Senator Galiber say what 3 we do is we relieve ourselves of the 4 responsibility to impose restraint. Well, I 5 don't find it that difficult to deal with a 58 6 to 59 -- or $58 billion to $58-1/2 billion 7 budget. This basically would not decimate the 8 budget. This basically would make us 9 responsible for dealing for, I would say, at 10 least $58-1/2 billion worth of this year's 11 budget on -- certainly not an impoverished 12 amount of money. Certainly not a picayune and 13 barely sustainable source of money, $58-1/2 14 billion. You are not talking chicken feed 15 here. 16 The reality is there is nothing 17 wrong with caps. It's not un-American. I guess 18 the counter to caps is a commitment to tax and 19 spend. I think there are some of us here who, 20 for whatever reason, have said it's as good a 21 time as any to draw a line. We're not 22 attempting to ask you to violate whatever 23 principles that you may have. We're not asking 1 to have our principles denigrated by some of 2 your witty dialogue. 3 We believe in this, and we 4 believe it's workable, and we believe if New 5 York is ever going to be competitive -- and 6 that's what we're talking about, competition, 7 the ability to compete with 49 other states and 8 foreign nations -- we've got to take our 9 spending in tow. 10 It's certainly a responsible 11 act. I would not attribute all the 12 inappropriate commendations you would seek to 13 heap on our shoulders. The reality is this is 14 really very doable. And there is really nobody 15 who is going to be hurt here. 16 There's only so much money in the 17 pot. The pot does not grow. We can't have guns 18 and butter. Those days are gone forever. They 19 are gone at the federal level, and they are gone 20 at the state level. And if you want to be 21 competitive and if you want to bring jobs in 22 this state, you're going to have to start doing 23 what other people are doing. And if you can't 1 control your spending, and there is a host of 2 other things that you have to do that we don't 3 have to address at this time -- but if you can't 4 control your spending, you're doomed. 5 This is a marvelous step, and I 6 commend Senator Bruno for his comments, and 7 commend Senator Marino for giving us the 8 opportunity to vote on it, and I would only hope 9 that the Governor, inasmuch as he said, "If it's 10 not in the constitution, it don't count," would 11 get on board with this as well; and, perhaps, he 12 with the luster of his leadership can prevail 13 upon the Assembly in order to make this pass in 14 both houses this year and then, hopefully, pass 15 the subsequent Legislature and get before the 16 people of the state of New York, who I suspect 17 will overwhelmingly adopt it. 18 Because people, in the absence of 19 this, are going to vote the way they have been 20 voting; and those votes basically say, "We're 21 leaving New York looking for opportunity 22 elsewhere." You don't want that for your 23 constituents. I don't want that for my 1 constituents. I don't want that for my children 2 or anybody else's children in this chamber. 3 Makes sense. We ought to do it. 4 ACTING PRESIDENT LIBOUS: On the 5 resolution. Senator Dollinger wishes to speak. 6 SENATOR DOLLINGER: Thank you, 7 Mr. President. 8 Since I'm a newcomer, I guess I 9 can address everybody in the chamber and perhaps 10 not point fingers one direction or the other. 11 All of this reminds me of the 12 little story that my mother used to tell me 13 about the boy with the weight problem who was 14 caught with his hand in the cookie jar, and his 15 mother said to him, "You ought to go on a 16 diet." He couldn't respond because his mouth 17 was full. He was still chewing. And maybe 18 that's the lesson we should take here is that 19 this discussion of whether there should be a cap 20 on state spending is something that we can 21 rectify ourselves. 22 I'll just address one tiny bit of 23 the equation, and I think my colleague, Senator 1 Galiber, touched on it, and that's the question 2 of trust. Senator Leichter touched on it, as 3 well. 4 If the message is that the people 5 don't trust us and the message that we convey 6 with this piece of legislation is we don't trust 7 ourselves, what are we left with in this state 8 for the trust to build a government upon? It 9 seems to me that this strikes at the very nature 10 of representative democracy by saying that we 11 don't trust ourselves, the people shouldn't 12 trust us, and no one should have the trust to do 13 anything. 14 Senator Bruno's comments about 15 what the budget should be and how much we should 16 spend, the comments that have been made here 17 today on this amendment, it's within the power 18 of this body to rectify. We can decide what the 19 budget is going to be. We can decide what the 20 revenue will be. We can decide what the spend 21 ing will be. We can control the cost. 22 It's my hope that that's one of 23 the things that everybody in this chamber is 1 committed to and that we will look to a future 2 in which we will balance our budget. We will 3 address the concerns that Senator Galiber raised 4 about those who are poor and needy. We'll 5 address the issues that Senator Saland addresses 6 about the need to attract business, and we will 7 do it in the context of a balanced budget. 8 All of that power rests within 9 this chamber. We don't have to go outside to 10 get it. I frankly trust my colleagues. I 11 frankly trust this body to make the right 12 decisions, and we ought to have confidence on an 13 annual basis that we're going to do it in good 14 faith and get the job done. There is no reason 15 for this. 16 SENATOR PATAKI: Mr. President. 17 ACTING PRESIDENT LIBOUS: Senator 18 DeFrancisco. 19 Senator Pataki, why do you rise? 20 SENATOR PATAKI: Will Senator 21 Dollinger yield? 22 ACTING PRESIDENT LIBOUS: Senator 23 Dollinger, would you yield to a question from 1 Senator Pataki? 2 SENATOR DOLLINGER: Sure. 3 ACTING PRESIDENT LIBOUS: Yes, he 4 will, Senator. 5 SENATOR PATAKI: Senator, I was 6 listening to your comments about trust and how 7 the public should have trust in the members of 8 this body; and, of course, that is the case and 9 we hope that they do. 10 But do you not agree that when 11 you look at a budget there are two sides to the 12 budgets, one which constitutes the spending and 13 one which constitutes raising the revenue to pay 14 for that spending? And would you think that the 15 public should trust a Legislature or legislators 16 who are willing to vote for the spending part of 17 a budget so they can take credit for that, but 18 then vote against the revenue necessary to pay 19 for that spending? Is that an act to inspire 20 public trust? 21 SENATOR DOLLINGER: I don't 22 know. I have never been in a body that's done 23 that. I've never been a party to that. "I 1 don't know" is the answer. I have no personal 2 experience on that, Mr. President. 3 SENATOR DeFRANCISCO: Mr. 4 President. 5 ACTING PRESIDENT LIBOUS: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: Also being 8 a newcomer in this process, I guess I'm looking 9 from without at the process, and I see everybody 10 pointing to everybody else, blaming everybody 11 else in this debate. I think there is plenty of 12 blame to share by the whole group, whether it be 13 the Assembly or the Senate or each party of that 14 particular body. 15 The fact of the matter is there 16 is the power in this body and the other body 17 plus the Governor to do these things. But, in 18 practice, it just doesn't happen, and everybody 19 in this room knows it doesn't happen. 20 And the reason it doesn't happen 21 is because legislators -- it's a lot easier to 22 say yes than it is to say no. It's easier to 23 bring home a package than it is to say that you 1 can't bring it home because you're ineffective. 2 So as a practical matter, I think 3 what this legislation is doing is saying we as a 4 body are asking that the constitution be changed 5 so that we operate government like the family 6 operates their family budget. There is a fixed 7 amount of money that is available to spend. 8 Let's spend within that fixed amount of money. 9 And if there are priorities for 10 the needy, for projects that bear prioritizing, 11 then prioritize within that budget just like a 12 family that has to prioritize. So it isn't the 13 Republicans, it isn't the Democrats, it isn't 14 the Governor, it isn't the Senate or the 15 Assembly. It's the practice, despite the fact 16 that we have the power. 17 So a spending limit will force us 18 to do what we should have been doing over the 19 last ten years and force us to do what would 20 have avoided the terrible fiscal position that 21 the state is in. 22 I would hope that both bodies, 23 both the Assembly and Senate would get behind 1 this package. 2 ACTING PRESIDENT LIBOUS: Senator 3 Espada. 4 SENATOR ESPADA: Just very 5 briefly to follow this parade of freshmen. I 6 also want to go on record as registering my 7 concern about what I have heard. Certainly, I 8 worked very hard like many of you, like all of 9 you, really, to belong to this body, and to have 10 to come here and listen to the placing on the 11 agenda of these proceedings something that would 12 automatically do our thinking, our problem 13 solving for us is very disappointing. 14 The fact of the matter is one of 15 the lessons that I've learned in my brief tenure 16 here is that we don't have on this side of the 17 aisle enough participation; that to put me on 18 automatic pilot when I came up here, when so 19 many of us on the Senate side or the Assembly 20 side came up here with so much energy, with so 21 much vision and expectation about participation, 22 participation with formulas having to do with 23 the restructuring of school aid to localities, 1 about trying to do something not about getting 2 people off welfare but getting them onto the 3 payrolls of small and minority owned and women 4 owned corporations where I come from. 5 It is that kind of dynamic 6 thinking that really I would like to be a part 7 of, not something that would straitjacket us and 8 put us into automatic pilot. So I ask for some 9 more of that dynamic thinking for full 10 participation by both sides. 11 Because, truly, I don't feel like 12 a full participant. And certainly, you don't 13 want to make decisions on automatic pilot by 14 yourselves. I would welcome the opportunity - 15 I'm sure most of my colleagues would -- to enter 16 into dynamic give and take with you around this 17 budget. I'm sure we can succeed if we approach 18 it in that fashion. 19 ACTING PRESIDENT LIBOUS: If 20 there are no other freshmen who wish to speak, 21 we will take this to a roll call vote. 22 (Laughter. ) 23 Can I see five Senators? 1 (Whereupon five Senators were 2 standing. ) 3 There will be a slow roll call on 4 the resolution. Secretary will call the roll. 5 Sergeant-at-arms, will you please 6 bring the members into the chamber. A slow roll 7 call has been called. 8 Senator Present. 9 SENATOR PRESENT: Would you call 10 Senator Sheffer's name out of order? 11 THE SECRETARY: Senator Sheffer. 12 SENATOR SHEFFER: Yes. 13 ACTING PRESIDENT LIBOUS: Senator 14 Present. 15 SENATOR PRESENT: Senator 16 Masiello. 17 ACTING PRESIDENT LIBOUS: Senator 18 Masiello, how do you vote? 19 SENATOR MASIELLO: No. 20 ACTING PRESIDENT LIBOUS: Nay. 21 THE SECRETARY: Senator Babbush. 22 (There was no response. ) 23 Senator Bruno. 1 SENATOR BRUNO: Yes. 2 THE SECRETARY: Senator Connor. 3 SENATOR CONNOR: Mr. President. 4 ACTING PRESIDENT LIBOUS: Senator 5 Connor. 6 SENATOR CONNOR: To explain my 7 vote. 8 ACTING PRESIDENT LIBOUS: Senator 9 Connor to explain his vote. 10 SENATOR CONNOR: Just very 11 briefly. I think the fad of the last few years 12 to rush to basic fundamental documents and to 13 change them in order to address the concerns of 14 the day are a mistake. I think that our state 15 Constitution addresses broader issues of 16 governance, the vesting of the people's power in 17 different branches of government. I don't think 18 it ought to substitute for the rules of the 19 house of the Senate or the rules of the house of 20 the Assembly. 21 I think political will, 22 responsibility, the willingness to attempt to 23 explain difficult decisions we may have to make 1 to our constituents ought to govern the way 2 budgets are made and the rules and procedures 3 that govern how they are enacted, and I don't 4 think we ought to just be rolled over by 5 pseudo-populist movements which encourage, "Oh, 6 gee, we have to write every single little 7 specification of law and limitations into a 8 fundamental constitutional document." 9 I think this is a bad way to go. 10 It's just a fad. It's a place to hide. It's 11 wonderful for a one-house Constitutional 12 Amendment for the very majority that will -- if 13 the last few years are any indication -- be 14 tempted to once again adopt a budget that 15 doesn't make a lot of sense for the people 16 either on the revenue side or the spending side, 17 to hide behind, saying, "But, look, I want a 18 Constitutional Amendment that will stop me from 19 doing what I want to do." 20 Mr. President. I think that's a 21 bad way to proceed in the governance of our 22 state. I vote no. 23 ACTING PRESIDENT LIBOUS: Senator 1 Connor votes no. 2 Please continue the roll. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 may I have Senator Goodman's name called and 6 Senator Onorato. 7 ACTING PRESIDENT LIBOUS: Senator 8 Goodman, how do you vote? 9 SENATOR GOODMAN: In the 10 affirmatively, Mr. President. 11 ACTING PRESIDENT LIBOUS: Senator 12 Goodman in the affirmative. 13 And Senator Onorato - 14 SENATOR ONORATO: I vote aye. 15 ACTING PRESIDENT LIBOUS: - 16 votes aye. 17 SENATOR PRESENT: As long as you 18 are standing. 19 SENATOR LEICHTER: Thank you. 20 ACTING PRESIDENT LIBOUS: Senator 21 Leichter - 22 SENATOR LEICHTER: No. 23 ACTING PRESIDENT LIBOUS: - 1 votes no. 2 Can we continue the roll, please. 3 THE SECRETARY: Senator Cook. 4 SENATOR COOK: Yes. 5 THE SECRETARY: Senator Daly. 6 SENATOR DALY: Yes. 7 THE SECRETARY: Senator 8 DeFrancisco. 9 SENATOR DeFRANCISCO: Yes. 10 THE SECRETARY: Senator 11 Dollinger. 12 SENATOR DOLLINGER: No. 13 THE SECRETARY: Senator Espada. 14 SENATOR ESPADA: No. 15 THE SECRETARY: Senator Farley. 16 SENATOR FARLEY: Aye. 17 THE SECRETARY: Senator Galiber. 18 SENATOR GALIBER: No. 19 THE SECRETARY: Senator Gold, 20 excused. Senator Gonzalez. 21 (There was no response. ) 22 Senator Goodman voting in the 23 affirmative earlier. Senator Halperin, 1 excused. Senator Hannon. 2 SENATOR HANNON: Yes. 3 THE SECRETARY: Senator 4 Hoffmann. 5 SENATOR HOFFMANN: Yes. 6 THE SECRETARY: Senator Holland. 7 SENATOR HOLLAND: Yes. 8 THE SECRETARY: Senator Johnson. 9 SENATOR JOHNSON: Aye. 10 THE SECRETARY: Senator Jones. 11 ACTING PRESIDENT LIBOUS: Senator 12 Jones, would you like to explain your vote? 13 SENATOR JONES: Yes, I would, 14 sir. I would just like to explain that I've 15 listened here today. When I first heard this 16 idea last year, I definitely didn't think it was 17 a good one only because I didn't think it was 18 the whole answer. But I'm like the rest of the 19 new kids on the block. I'm certainly not one to 20 assess blame. 21 But what I have found since I 22 have been here is that there clearly is some 23 major problems. And while I don't think this is 1 going to solve them, I'm willing to go along 2 with it and support it. 3 I believe that the taxpayers that 4 we're asking for more money deserve to see that 5 we're willing to limit the money that's going 6 out. I'm left with a little confusion as to why 7 the same body that wants to be fiscally 8 conservative like this is not willing to itemize 9 their own budget, but I'm hoping that I'll see 10 more of that. 11 And I'm going to vote yes. 12 ACTING PRESIDENT LIBOUS: Senator 13 Jones votes aye. 14 Continue the roll, please. 15 THE SECRETARY: Senator Kuhl. 16 SENATOR KUHL: Aye. 17 THE SECRETARY: Senator Lack. 18 (There was no response. ) 19 Senator Larkin. 20 SENATOR LARKIN: Aye. 21 THE SECRETARY: Senator LaValle, 22 excused. Senator Leichter voting in the 23 negative earlier. Senator Levy. 1 SENATOR LEVY: Aye. 2 THE SECRETARY: Senator Libous. 3 SENATOR LIBOUS: Aye. 4 THE SECRETARY: Senator Maltese. 5 SENATOR MALTESE: Aye. 6 THE SECRETARY: Senator Marchi. 7 SENATOR MARCHI: Aye. 8 THE SECRETARY: Senator Marino. 9 (Indicating aye. ) 10 THE SECRETARY: Aye. Senator 11 Markowitz. 12 SENATOR MARKOWITZ: No. 13 THE SECRETARY: Senator Masiello 14 voting in the negative earlier. Senator Mega. 15 SENATOR MEGA: Yes. 16 THE SECRETARY: Senator Mendez. 17 (There was no response. ) 18 Senator Montgomery. 19 SENATOR MONTGOMERY: No. 20 THE SECRETARY: Senator Nolan. 21 (There was no response. ) 22 Senator Nozzolio. 23 SENATOR NOZZOLIO: Aye. 1 THE SECRETARY: Senator 2 Ohrenstein. 3 (Indicating no. ) 4 THE SECRETARY: No. Senator 5 Onorato voting in the affirmative earlier. 6 Senator Oppenheimer. 7 (There was no response. ) 8 Senator Padavan. 9 SENATOR PADAVAN: Yes. 10 THE SECRETARY: Senator Pataki. 11 SENATOR PATAKI: Yes. 12 THE SECRETARY: Senator Paterson. 13 SENATOR PATERSON: No. 14 THE SECRETARY: Senator Present. 15 SENATOR PRESENT: Aye. 16 THE SECRETARY: Senator Saland. 17 SENATOR SALAND: Aye. 18 THE SECRETARY: Senator Santiago. 19 SENATOR SANTIAGO: No. 20 THE SECRETARY: Senator Sears. 21 SENATOR SEARS: Aye. 22 THE SECRETARY: Senator Seward. 23 SENATOR SEWARD: Yes. 1 THE SECRETARY: Senator Sheffer 2 voting in the affirmative earlier. Senator 3 Skelos. 4 SENATOR SKELOS: Yes. 5 THE SECRETARY: Senator Smith. 6 SENATOR SMITH: No. 7 THE SECRETARY: Senator Solomon, 8 excused. Senator Spano. 9 SENATOR SPANO: Aye. 10 THE SECRETARY: Senator 11 Stachowski. 12 SENATOR STACHOWSKI: Yes. 13 THE SECRETARY: Senator 14 Stafford. 15 SENATOR STAFFORD: Aye. 16 THE SECRETARY: Senator Stavisky, 17 excused. Senator Trunzo. 18 (There was no response. ) 19 Senator Tully. 20 SENATOR TULLY: Aye. 21 THE SECRETARY: Senator Velella. 22 SENATOR VELELLA: Yes. 23 THE SECRETARY: Senator Volker. 1 SENATOR VOLKER: Yes. 2 THE SECRETARY: Senator Waldon. 3 (There was no response. ) 4 Senator Wright. 5 SENATOR WRIGHT: Aye. 6 ACTING PRESIDENT LIBOUS: 7 Secretary will read the absentees, please. 8 THE SECRETARY: Senator Babbush. 9 (There was no response. ) 10 Senator Gonzalez. 11 (There was no response. ) 12 Senator Lack. 13 SENATOR LACK: Aye. 14 THE SECRETARY: Senator Mendez. 15 (There was no response. ) 16 Senator Nolan. 17 (There was no response. ) 18 Senator Oppenheimer. 19 (There was no response. ) 20 Senator Trunzo. 21 SENATOR TRUNZO: Yes. 22 THE SECRETARY: Senator Waldon. 23 (There was no response. ) 1 ACTING PRESIDENT LIBOUS: 2 Results. 3 THE SECRETARY: Ayes 38. Nays 4 12. 5 ACTING PRESIDENT LIBOUS: The 6 resolution is adopted. 7 Senator Present. 8 SENATOR STACHOWSKI: Mr. 9 President. Could we return to notions and 10 resolutions? 11 ACTING PRESIDENT LIBOUS: Senator 12 Paterson. 13 SENATOR PATERSON: Thank you. 14 Mr. President. This has been a 15 very long, cold, desolate, inexorably freezing 16 winter; and by the time we reach a new season, 17 we have lost a great number of Americans. 18 I was reading of the passing of 19 the economist Eliot Janeway today. Ironically, 20 a number of entertainers and public servants and 21 those of political conscience have passed on 22 recently from the African-American community. 23 Most notably the entertainers Charles "Honey" 1 Coles and Dizzy Gillespie; the community leaders 2 such as Clara "Mother" Hale and George McMurray. 3 Just a few weeks ago, Senator 4 Galiber introduced a resolution memorializing 5 the passing of former Supreme Court Justice 6 Thurgood Marshall. Today, Senator Galiber 7 suggested that we put a resolution forth 8 honoring tennis great Arthur Ashe, born in 9 Richmond, Virginia, performed on the public 10 tennis courts in Virginia; won the United States 11 Open first in 1968, where he served a record 27 12 aces in that tournament; was still an amateur at 13 that time. In 1973, he won a visa to go to 14 South Africa to talk about the apartheid 15 conditions there; won the Wimbledon Tournament 16 on July 4, 1975, in a stunning upset victory 17 over tennis great Jimmy Connors; and then his 18 tennis career was preempted by an unfortunate 19 heart attack that he sustained in 1979, forcing 20 him to have operations for poor heart condition 21 in 1979 and 1983. It was during an operation in 22 1983 that he contracted the HIV virus through an 23 unscreened donation of blood that was infected. 1 It caused his death last Saturday, February 6, 2 1993. 3 Arthur Ashe was more than just a 4 tennis professional. He would remind one of the 5 efforts of Paul Robeson, who was an actor, a 6 scholar, a political activist and a 7 philosopher. In addition to his natural 8 athletic talent, Arthur Ashe was a trailblazer 9 in tennis synonymous with the efforts of Althea 10 Gibson or Jackie Robinson. But he went beyond 11 the tennis courts to influence the culture and 12 the life that we live in. 13 I particularly want to thank the 14 majority for having the foresight for permitting 15 this resolution on such short notice even though 16 it contains a lot of language about the protest 17 that Arthur Ashe led about this state's 18 investment in the 133 corporations that do 19 business in South Africa. This is something 20 Arthur Ashe opposed. This is something this 21 body never had the foresight to pass but did 22 have the dignity and the graciousness to 23 recognize an American who disagreed and fought 1 very hard in his disagreement. 2 So we on the other side of the 3 aisle understand that Arthur Ashe had a problem 4 with our country's current policies under a 5 Democratic administration with respect to those 6 who are trying to flee the country of Haiti. He 7 went to Guantanamo Bay to visit those refugees. 8 He was arrested in a demonstration in 9 Washington, D.C., just a few months ago. He 10 fought up to his dying day to try to win some 11 rights of citizenship for Haitian refugees. 12 Although not everyone here would 13 have agreed with some of the actions, we 14 recognize those individuals in this country such 15 as Patrick Henry such as Paul Revere, who often 16 broke what would have been the civil law for a 17 higher human cause that might have had something 18 to do with the founding of unions in this 19 country. It may have had something to do with 20 the founding of the Republican Party in 1854 in 21 this country. 22 These are people of rare skills. 23 Their truth is their only motive; their work not 1 the benefits that others derive from it is what 2 they consider to be the achievement. And work 3 and effort and truth is in itself the basis of 4 achievement. 5 And so we pause in our 6 deliberations today, hopefully, to recognize the 7 great effort of Arthur Ashe, who was a great 8 American. It is very sad to know that for all 9 that he gave to our society that his privacy 10 with respect to his own illness could not be 11 respected despite the fact that it didn't do any 12 public good for the last year of his life to be 13 lived in ridicule, in conjecture, and also in 14 intense public scrutiny about the nature of his 15 virus. But when he was forced to come forward 16 and reveal that he did, in fact, have the HIV 17 virus, he then became very prominent in the 18 fight to save those who have the disease now and 19 to prevent others from getting the disease. 20 The same day of his passing, he 21 recorded a videotaped announcement that would 22 be played that evening at an event that he could 23 not speak. He appeared at the Associated Black 1 Charities on the Wednesday of a week that he 2 himself would not finish. 3 And so when we think of great 4 tennis players, we often describe them as world 5 class. When we think of great people, we 6 describe them as world class. I think it is the 7 only fitting description of Arthur Ashe -- the 8 "world" being that he thought of more than 9 himself; the "class" being the dignity that he 10 brought to it. 11 And there may be better tennis 12 players, but he will always be ranked number 1. 13 Thank you, Mr. President. 14 ACTING PRESIDENT LIBOUS: 15 Secretary please read the title of the 16 resolution. 17 THE SECRETARY: Legislative 18 Resolution, by Senators Paterson, Galiber, and 19 others, expressing sincerest sorrow upon the 20 occasion of the death of tennis immortal Arthur 21 Ashe. 22 ACTING PRESIDENT LIBOUS: On the 23 resolution. All in favor, indicate by saying 1 aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (There was no response. ) 5 The resolution is adopted. 6 SENATOR DALY: Mr. President. 7 ACTING PRESIDENT LIBOUS: Senator 8 Daly. 9 SENATOR DALY: I understand that 10 some of my colleagues would like to join me as 11 co-sponsor of the Legislative Resolution 12 honoring Assemblyman Matt Murphy. Could we keep 13 it open at the desk for anyone who wishes to be 14 a co-sponsor. 15 ACTING PRESIDENT LIBOUS: The 16 resolution will be kept open at the desk. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 there being no further business, I move that we 20 adjourn until Monday, February 22, at 2:30 p.m., 21 intervening days being legislative days. 22 ACTING PRESIDENT LIBOUS: Senate 23 stands adjourned. 1 (Whereupon at 5:02 p.m., the 2 Senate adjourned. ) 3 4 5 6 7 8 9