Tuesday, February 6, 1996

1025 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 6, 1996 10 3:01 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1026 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join me in the Pledge of Allegiance. 5 (Whereupon, the Senate and those 6 present joined in the Pledge of Allegiance to 7 the Flag.) 8 May we bow our heads in a moment 9 of silence. 10 (Whereupon, there was a moment of 11 silence.) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Monday, February 5th. The Senate met pursuant 16 to adjournment. Prayer by the Reverend Father 17 Peter G. Young, Blessed Sacrament Church, Bolton 18 Landing. The Journal of Saturday, February 3rd, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as read. 23 Senator Skelos. 1027 1 SENATOR SKELOS: Yes. Madam 2 President, in consultation with Senator 3 Paterson, we would make an observation that 4 perhaps both sides of the Senate chamber are a 5 little bit light and if we could encourage our 6 members both Republicans and Democrats to come 7 on over and join us in session, we would 8 appreciate it. 9 THE PRESIDENT: Presentation of 10 petitions. 11 Messages from the Assembly. 12 Messages from the Governor. 13 Reports of standing committees. 14 The Secretary will read. 15 THE SECRETARY: Senator Hannon, 16 from the Committee on Health, reports the 17 following bills: 18 Senate Print 413, by Senator 19 Skelos, an act to amend the Public Health Law 20 and the Correction Law, in relation to requiring 21 certain applicants; 22 1504, by Senator LaValle, an act 23 to amend the Public Health Law, in relation to 1028 1 creating a tumor registry; 2 5395A, by Senator Velella, an act 3 to amend the Public Health Law, in relation to 4 testing of pregnant women for the human 5 immunodeficiency virus. 6 THE PRESIDENT: Without 7 objection. 8 THE SECRETARY: Senator Wright, 9 from the Committee on Alcoholism and Drug Abuse, 10 reports: 11 Senate Print 327, by Senator 12 Levy, an act to amend the Vehicle and Traffic 13 Law, in relation to requiring suspension and 14 revocation; 15 355, by Senator Levy, an act in 16 relation to requiring the Department of Motor 17 Vehicles to compile information; 18 364, by Senator Levy, an act to 19 amend the Vehicle and Traffic Law, in relation 20 to imposing an additional fine and imprisonment; 21 371, by Senator Levy, an act to 22 amend the Vehicle and Traffic Law, in relation 23 to civil penalties; 1029 1 380, by Senator Levy, an act to 2 amend the Vehicle and Traffic Law, in relation 3 to making it a felony to operate a school bus 4 while under the influence of alcohol or drugs; 5 384D, by Senator Levy, an act to 6 amend the Vehicle and Traffic Law, in relation 7 to requiring school bus and other motor vehicle 8 drivers involved in personal injury accidents. 9 Senator Levy, from the Committee 10 on Transportation, reports the following: 11 619, by Senator Stafford, an act 12 to amend the Highway Law, in relation to 13 prohibiting the abandonment of Crane Pond Road; 14 4222, by Senator Larkin, an act 15 to amend the Vehicle and Traffic Law, in 16 relation to signs to be utilized; 17 5724, by Senator Libous, an act 18 to amend the Vehicle and Traffic Law, in 19 relation to parking permits; 20 5804, by Senator Bruno, an act to 21 amend the Highway Law, in relation to 22 designating a portion of the state highway 23 system. 1030 1 Senator Hoblock, from the 2 Committee on Veterans and Military Affairs, 3 reports: 4 Senate Print 1265, by Senator 5 Hannon, an act to amend the Environmental 6 Conservation Law, in relation to providing 7 hunting and fishing licenses; 8 1739, by Senator Sears, an act to 9 amend the Vehicle and Traffic Law, in relation 10 to eliminating the annual service charge; 11 3407, by Senator Hoblock, an act 12 to amend the Military Law, in relation to 13 providing legal authority for obtaining 14 background checks; 15 3555, by Senator Hoblock, an act 16 to amend the State Finance Law, in relation to 17 authorizing a preference for veterans; 18 3559A, by Senator Hoblock, an act 19 to amend the Vehicle and Traffic Law, in 20 relation to special distinctive license plates; 21 3659A, by Senator Hoblock, an act 22 to amend the Military Law, in relation to 23 authorizing the Governor to present the 1031 1 Conspicuous Service Cross to certain persons; 2 3961A, by Senator Cook, an act to 3 amend the Insurance Law, in relation to motor 4 vehicle insurance coverage; 5 5835, by Senator Hoblock, an act 6 to amend the Executive Law, in relation to 7 requiring that county directors of veterans 8 services agencies be veterans. 9 Senator Volker, from the 10 Committee on Codes, reports: 11 Senate Print 1728, by Senator 12 Johnson, an act to amend the Penal Law, in 13 relation to chemical agents; 14 2352, by Senator Hoblock, an act 15 to amend the Penal Law, in relation to 16 increasing the penalties for sale of controlled 17 substances; 18 3693, by Senator Volker, an act 19 to amend the Civil Practice Law and Rules, in 20 relation to compensation; 21 3696, by Senator Volker, an act 22 to amend the Civil Practice Law and Rules, in 23 relation to a motion for a preliminary 1032 1 injunction; 2 3822, by Senator Volker, an act 3 to amend the Criminal Procedure Law, in relation 4 to fingerprinting persons; 5 3947, by Senator Nozzolio, an act 6 to amend the Criminal Procedure Law, in relation 7 to the extension of criminal victims rights; 8 5173A, by Senator Hoblock, an act 9 to amend the Criminal Procedure Law and the 10 Penal Law, in relation to definition of juvenile 11 offender; 12 5211, by Senator Marcellino, an 13 act to amend the Criminal Procedure Law, in 14 relation to anonymous injuries; 15 5264, by Senator Padavan, an act 16 to amend the Penal Law, in relation to 17 possession of gambling devices; 18 5492, by Senator Volker, an act 19 to enact a Child Sex Abuse Reform Act and to 20 amend the Criminal Procedure Law; 21 5727, by Senator Rath, an act to 22 amend the Penal Law, in relation to repeat 23 offender status; 1033 1 5741, by Senator Volker, an act 2 to amend the Criminal Procedure Law, in relation 3 to a defendant's right. 4 Senator Leibell, from the 5 Committee on Housing and Community Development, 6 reports: 7 Senate Print 3343, by Senator 8 Leibell, an act to amend the Real Property Tax 9 Law; 10 3480, by Senator Leibell, an act 11 to amend the Administrative Code of the City of 12 New York and the Emergency Tenant Protection 13 Acts of 1974; 14 3535, by Senator Kuhl, an act to 15 amend the Executive Law, in relation to 16 exempting cultural educational facilities; 17 3540, by Senator Hannon, an act 18 to amend the Emergency Tenant Protection Act of 19 1974 and the Administrative Code of the City of 20 New York. 21 All bills -- excuse me. 22 Senator Present, from the 23 Committee on Economic Development and Small 1034 1 Business, reports: 2 Senate Print 2311, by Senator 3 Present, an act to amend the Economic 4 Development Law, in relation to directing a 5 rural agribusiness study; 6 2916, by Senator Saland, an act 7 to amend the Administrative Procedure Act, in 8 relation to including the Workers' Compensation 9 Board; 10 3173, by Senator LaValle, an act 11 to amend the Economic Development Law, in 12 relation to establishing an enviromarket 13 advisory committee. 14 All bills ordered directly for 15 third reading. 16 THE PRESIDENT: Without 17 objection, all bills directly to third reading. 18 Reports of select committees. 19 Communications and reports from 20 state officers. 21 Motions and resolution. 22 Senator Skelos. 23 SENATOR SKELOS: Madam President, 1035 1 at this time may we please adopt the Resolution 2 Calendar. 3 THE PRESIDENT: All those in 4 favor of adopting the Resolution Calendar, 5 signify by saying aye. 6 (Response of "Aye.") 7 Opposed, nay. 8 (There was no response.) 9 The Resolution Calendar is 10 adopted. 11 SENATOR SKELOS: At this time, if 12 we could take - 13 THE PRESIDENT: Senator Tully. 14 SENATOR TULLY: Yes, Madam 15 President. On behalf of Senator Goodman, please 16 place a sponsor's star on Calendar Number 56. 17 THE PRESIDENT: The bill is 18 starred. 19 Senator Skelos. 20 SENATOR BRUNO: Madam President, 21 at this time, may we please have the 22 noncontroversial reading of the calendar. 23 THE PRESIDENT: The Secretary 1036 1 will read. 2 THE SECRETARY: Calendar Number 3 58, by Senator Bruno, Senate Print 5597A, 4 Concurrent Resolution of the Senate and Assembly 5 proposing amendments to Article III of the 6 Constitution. 7 SENATOR PATERSON: Lay it aside. 8 THE PRESIDENT: Lay it aside. 9 THE SECRETARY: Calendar Number 10 59, by Senator Bruno, Senate Print 5598A, an act 11 to amend the Legislative Law, the State Finance 12 Law and the Executive Law, in relation to 13 estimates of state revenues. 14 SENATOR PATERSON: Lay it aside. 15 THE PRESIDENT: Lay it aside, 16 please. 17 THE SECRETARY: Calendar Number 18 81, by Senator Rath, Senate Print 2010A, an act 19 to amend the General Municipal Law, Chapter 708 20 of the Laws of 1992 amending the General 21 Municipal Law, and other laws relating to the 22 temporary investment of monies. 23 THE PRESIDENT: Read the last 1037 1 section, please. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 35. 7 THE PRESIDENT: The bill is 8 passed. 9 SENATOR BRUNO: Madam President, 10 at this time, could we have the Calendar Numbers 11 58 and 59 read for the purposes of Senator 12 Leichter voting. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 58, by Senator Bruno, Senate Print 5597A, 17 Concurrent Resolution of the Senate and 18 Assembly, proposing amendments to Article III of 19 the Constitution. 20 THE PRESIDENT: Call the roll 21 please. 22 (The Secretary called the roll.) 23 Senator Leichter, how do you 1038 1 vote? 2 SENATOR LEICHTER: Negative. 3 SENATOR SKELOS: Withdraw the 4 roll call. 5 THE PRESIDENT: Withdraw the roll 6 call. 7 THE SECRETARY: Calendar Number 8 59, by Senator Bruno, Senate Print 5598A, an act 9 to amend the Legislative Law, the State Finance 10 Law, and the Executive Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 7. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll, 16 please. 17 (The Secretary called the roll.) 18 Senator Leichter, how do you 19 vote? 20 SENATOR LEICHTER: No. 21 SENATOR SKELOS: Withdraw the 22 roll call, please. 23 THE PRESIDENT: Withdraw the roll 1039 1 call. The bill is laid aside. 2 SENATOR SKELOS: Please withdraw 3 the roll call. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: Calendar Number 7 96, by Senator Velella, Senate Print 5753, an 8 act to amend Chapter 694 of the Laws of 1995, 9 amending the General Business Law, the Public 10 Health Law and the Vehicle and Traffic Law. 11 THE PRESIDENT: Read the last 12 section, please. 13 THE SECRETARY: Section 11. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 38. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 107, by Senator Maltese, Senate Print 3240A, an 22 act to amend the Vehicle and Traffic Law, in 23 relation to increasing the penalty for 1040 1 obstructing access to a fire vehicle. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 1st day of 6 November. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 38. 10 THE PRESIDENT: This bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 134, by Senator Stafford, Senate Print 614, an 14 act to amend the Environmental Conservation Law, 15 in relation to nonhazardous municipal landfill 16 closure. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 38. 1041 1 ACTING PRESIDENT RATH: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 146, by Senator Lack, Senate Print 2826A, an act 5 to amend the Judiciary Law, in relation to 6 payment of expenses in attorney disciplinary 7 proceedings. 8 ACTING PRESIDENT RATH: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect in 90 days. 12 ACTING PRESIDENT RATH: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 38. 16 ACTING PRESIDENT RATH: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 148, by Senator Volker, Senate Print 5825, an 20 act to amend the Judiciary Law, in relation to 21 the seal of Livingston County. 22 ACTING PRESIDENT RATH: Read the 23 last section. 1042 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 1st day of January. 3 ACTING PRESIDENT RATH: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 38. 7 ACTING PRESIDENT RATH: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 149, by Senator Volker, Senate Print 747, an act 11 to amend the Town Law and the General Municipal 12 Law, in relation to the deadline for the annual 13 audit to be completed. 14 ACTING PRESIDENT RATH: Read the 15 last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT RATH: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 38. 22 ACTING PRESIDENT RATH: The bill 23 is passed. 1043 1 THE SECRETARY: Calendar Number 2 150, by Senator Present, Senate Print 1218, an 3 act to amend the General Municipal Law, in 4 relation to municipal contingency and tax 5 stabilization reserve funds. 6 ACTING PRESIDENT RATH: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT RATH: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 38. 14 ACTING PRESIDENT RATH: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 151, by Senator Rath, Senate Print 1280, an act 18 to amend the General Municipal Law, in relation 19 to the alternative methods of performance of 20 regulatory mandates. 21 SENATOR GOLD: Which bill is 22 this? 23 ACTING PRESIDENT RATH: Calendar 1044 1 151. 2 SENATOR GOLD: Senator? 3 ACTING PRESIDENT RATH: Senator 4 Rath's bill. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 60th day. 8 ACTING PRESIDENT RATH: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 38. 12 ACTING PRESIDENT RATH: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 154, by Senator Seward. 16 SENATOR GOLD: Lay it aside. 17 ACTING PRESIDENT RATH: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 156, by Senator Saland, Senate Print 5757, an 21 act to confirm the existence and boundaries of 22 the Craryville Fire District in the Towns of 23 Taghkanic, Copake, Claverack and Hillsdale, 1045 1 Columbia County. 2 ACTING PRESIDENT RATH: Read the 3 last section. 4 THE SECRETARY: Section 7. This 5 act shall take effect immediately. 6 ACTING PRESIDENT RATH: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 43. 10 ACTING PRESIDENT RATH: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 178, by Senator Velella, Senate Print 5972, an 14 act to amend the Insurance Law, in relation to 15 providing that certain policies which provide 16 coverage for hospital, surgical or medical care 17 include coverage for services performed. 18 ACTING PRESIDENT RATH: Read the 19 last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect immediately. 22 ACTING PRESIDENT RATH: Call the 23 roll. 1046 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 43. 3 ACTING PRESIDENT RATH: The bill 4 is passed. 5 Senator Skelos, that completes 6 the noncontroversial calendar. 7 SENATOR SKELOS: Madam President, 8 at this time, I believe there is a report from 9 the Finance Committee. I ask that it be read. 10 ACTING PRESIDENT RATH: There is 11 a report from the Finance Committee. 12 Secretary will read. 13 THE SECRETARY: Senator Stafford, 14 from the Committee on Finance, offers the 15 following nomination: 16 Member of the State Athletic 17 Commission, Floyd Patterson of New Paltz. 18 ACTING PRESIDENT RATH: Senator 19 Stafford. 20 SENATOR STAFFORD: Madam 21 President, before I yield to my close friend, 22 Senator Cook, who is so fortunate to have the 23 Pattersons live in his Senate District, I would 1047 1 only point out the magnificent job the Champ did 2 today during the Finance meeting. 3 He talked about his sport and he 4 also talked about physical fitness, and he made 5 as good a statement as I have ever heard made at 6 any Finance Committee meeting. 7 As I mentioned today, Mr. 8 President, whether someone is part of history or 9 not often is thought of whether you can remember 10 when something happened and where you were when 11 it happened, whether it's a President being 12 assassinated, whether it's any event here in our 13 country or world; but I remember where I was on 14 June 26, 1959, when there was a boxing match in 15 Yankee Stadium. I was at a pre -- what do you 16 call it when you have the -- rehearsal. I was 17 at the rehearsal dinner at a wedding in 18 Kingston. As a matter of fact, we listened to 19 the fight. 20 I also know where I was on June 21 20, 1960, when Floyd Patterson, in the Polo 22 Grounds, regained the title -- the World 23 Heavyweight title -- the only champion to do 1048 1 that; and also I do remember where I was on 2 March 13, 1961, when the Champ fought that 3 individual -- we're not going to mention his 4 name -- and retained the heavyweight title. 5 I think that shows, Madam 6 President, Floyd Patterson is a great citizen of 7 our state. He has set an example, and we are so 8 fortunate -- I compliment the Governor -- on his 9 being a member of the Athletic Commission. 10 And I apologize. I yield to 11 Senator Cook. 12 ACTING PRESIDENT RATH: Senator 13 Cook. 14 SENATOR COOK: Madam President, 15 we have all used the phrase we're introducing 16 someone who needs no introduction, but today 17 that really -- that phrase really fits because 18 certainly Floyd Patterson is someone who is far 19 better known than anyone in this chamber. 20 Those of us who have served here 21 through the years have admired his -- what he 22 has done in the sports arena, but we have also 23 admired what he has done in the public arena, 1049 1 and that really is where it's all at in this 2 appointment. 3 I think it's significant that 4 Floyd Patterson is one of those people whose 5 qualifications are apparent to people regardless 6 of party lines. He's been appointed by both Re 7 publican and Democrat Governors to the Athletic 8 Commission. Now, that certainly indicates that 9 people recognize his high qualities, but I think 10 among the things that impresses me the most 11 about him is the humanitarian work that he has 12 done, visiting the field hospitals in Vietnam 13 during the war in 1967, working with young 14 people in the community, helping share his 15 knowledge not just of boxing but of relation 16 ships with other human beings, of sportsmanship, 17 of personal dedication, of those qualities that 18 makes someone a good human being, and he's been 19 able to communicate with young people in ways 20 that other people would not have been able to do 21 simply because of who he is, and that's been 22 very important. 23 As a guest speaker, he's been in 1050 1 great demand because, when he says something, he 2 says it from experience and from the heart. 3 It's not something that is an intellectual 4 exercise. It's something that he knows to be 5 true and something that people listen to him and 6 believe because they know that he is saying it 7 from the heart. 8 He also has been a supporter and 9 a key player in support of many of the founda 10 tions and organizations that deal with disease 11 and with the hardships of human beings. He's 12 been involved in blood drives and the American 13 Cancer Society, Child Find, the Diabetes Founda 14 tion, the Special Olympics where he was 15 particularly valuable, in the American Mobiliza 16 tion to End Narcotics, and, of course, in his 17 own -- what is named for him, anyway, the Floyd 18 Patterson Children's Fund. 19 He is someone who exemplifies the 20 best in America, someone who has given to the 21 country far more than he has received, someone 22 we can be proud of not just because of what he 23 does but because of who he is. 1051 1 And, so I am very, very pleased 2 and proud to second the nomination of Floyd 3 Patterson for the Athletic Commission. 4 ACTING PRESIDENT RATH: Thank 5 you, Senator Cook. 6 Senator DeFrancisco. 7 SENATOR DeFRANCISCO: I rise also 8 in support of the nomination. I met Floyd 9 Patterson for the first time last year when he 10 came through our committee, and it seemed like I 11 knew him all my life. He is an individual with 12 such character and charisma and true feelings 13 that you know the man is sincere about 14 everything he does. 15 I think that the most impressive 16 thing is that he has continued to work with 17 youth in his community, and it's so important 18 these days that people have sports heroes and 19 true heroes that are giving rather than taking 20 from society, and it's just fantastic that the 21 Governor could find such a person of character 22 and integrity and sincerity to be placed in this 23 particular position. 1052 1 Mr. Patterson's nomination went 2 through our committee yesterday without his 3 appearance. Everyone mentioned who was present 4 that there's no need for him to reappear. He 5 appeared last year, and he made certain that 6 everyone knew that this was the right choice, 7 and he unanimously passed my committee 8 yesterday, the Tourism, Recreation and Sports 9 Development Committee. 10 I am pleased to rise in support 11 of his nomination, and I'm certain that the vote 12 today will be unanimous. 13 ACTING PRESIDENT RATH: Thank 14 you, Senator DeFrancisco. 15 Senator Goodman. 16 SENATOR GOODMAN: Madam 17 President, I rise with great enthusiasm to 18 second this nomination, because Floyd Patterson 19 was not just a champion in the ring but has been 20 a champion all the rest of his life out of the 21 ring. 22 He is a particularly outstanding 23 role model for our youth, and I'm proud to say 1053 1 that I have known him for a number of years 2 during which time he has always been on the side 3 of every possible reform both of boxing and 4 other areas, and there's one in particular to 5 which I would like to refer. 6 It is called ultimate fighting. 7 Ultimate fighting is a new sports disease, if 8 you will, that is overtaking our American 9 countryside and which represents the lowest form 10 of athletic contest between two human beings. 11 Ultimate fighting consists of two 12 people who go at one another with no holds 13 barred in an octagonal-shaped ring, using any 14 available weapon in their human anatomy to try 15 to cripple, maim and destroy their opponent. 16 There are no time regulations in this sport. 17 There's nothing in this sport which prevents 18 someone from using knees or elbows to the eyes 19 or other vital parts of human beings. 20 If you have occasion to 21 observe -- and I hope you never will -- one of 22 these bouts, which are now being popularly 23 presented in tapes through our local video 1054 1 stores, you will see the worst kind of human 2 mayhem in the ring. People are literally beaten 3 to a pulp. They are not removed from the ring 4 by any authority until they are absolutely 5 incapable of either human motion or in the 6 eventuality that they're literally on the verge 7 of being choked to death. 8 When called upon to take a 9 position on this, our champion unequivocally 10 opposed it and is doing everything within his 11 power as the leading authority on athletic 12 contestants meeting one another in combat to try 13 to bar this sport from the state of New York 14 and, as you probably are aware, there is a bill 15 before the Legislature, strongly backed by the 16 Governor and the Champion, which will seek to 17 bar from New York State forever this outrageous 18 form that goes under the masquerade of a sport. 19 It is something which is 20 unacceptable, animalistic, inhuman and creates 21 the worse possible kind of role model for our 22 youth. It must be banned. 23 I'm delighted to second this 1055 1 nomination with the strong conviction that we 2 have on our side someone who represents the 3 highest values in boxing which, properly 4 regulated, is a sport that's generally accepted 5 and can find keys to the ghetto gate for the 6 underprivileged and many other advantages, but 7 certainly not for ultimate fighting which 8 represents the lowest form of degraded behavior. 9 Madam President, with enthusiasm, 10 again, I second the nomination of Champ 11 Paterson. 12 Thank you. 13 ACTING PRESIDENT RATH: Thank 14 you, Senator Goodman. 15 The next person is Senator 16 Larkin. 17 SENATOR LARKIN: Thank you, Madam 18 President. I rise with honor to second the 19 nomination of Floyd Patterson. 20 We have a young man who came out 21 of the New York environs. He went on to be in 22 the Olympics, and then he went on to be our 23 champion. Those of you who are as old as Jess 1056 1 Present would remember that fight in Yankee 2 Stadium with Johannson. 3 I happened to have the privilege 4 about a week ago to see a replay of that and, 5 when I saw the Champ hit him, I was just 6 thankful to God that I was watching it, not 7 being the recipient of that punch. 8 But the punch this individual 9 plays in our everyday life with our youth is 10 very important, because he tries to convey to 11 them that there is something else out there 12 besides trouble. In his own community, he has 13 brought young people together to tell them about 14 the finer things in life and how they achieve 15 them and how they achieve them in a positive 16 manner and what they should be doing to become a 17 role model themselves. 18 I know he is a constituent of 19 Senator Cook's, but my daughter lives not too 20 far from him and the things that she tells of 21 his efforts on behalf of young people in the 22 church and in the school and in the community, 23 there is no one too rich and no one too poor 1057 1 that he is afraid to share something with, and 2 he shares it with the children with the attitude 3 of "Come on. Look in the mirror. Make yourself 4 proud. Make somebody else proud." 5 You know, boxing in New York has 6 fallen to its lowest level. The Governor had 7 said when he made this nomination he wanted to 8 bring boxing back to New York to be something 9 positive. Boxing will have a real place in New 10 York with Floyd Patterson at the head. 11 ACTING PRESIDENT RATH: Thank 12 you, Senator Larkin. 13 Senator Hoffmann. 14 SENATOR HOFFMANN: I rise with 15 great pleasure to second the nomination of Floyd 16 Patterson. He is no stranger to the 48th Senate 17 District, having traveled many times to visit 18 the International Boxing Hall of Fame in 19 Canastota, New York, where he attends regular 20 community events as well as greeting the public 21 when it comes from all over the world to study 22 and herald the great successes of many boxers 23 and to encourage young athletes in training. 1058 1 One of the things that Floyd 2 Patterson has demonstrated quite clearly in his 3 own life and tries to impart to young people is 4 that enormous sense of self-discipline. Now, 5 Floyd Patterson is able to communicate this not 6 just in terms of boxing and not just in terms of 7 the young men who study the sport, but he speaks 8 to young people in general about the importance 9 of maintaining self-discipline, control and 10 having a clear vision for the future in one's 11 life. 12 He and his wife have both made a 13 personal crusade of helping young people to meet 14 the challenges, whether they are drugs, whether 15 they are crime, whether they are lack of 16 opportunity, poverty, or a general frustration 17 and malaise that seems to beset so many young 18 people today. Floyd Patterson has demonstrated 19 over and over again that he knows young people 20 can rise to a challenge if somebody just finds 21 the right way to approach them and tries with 22 some tenderness to reach that spirit inside that 23 they have not kindled themselves. 1059 1 So I am thrilled that he has 2 agreed to accept this personal challenge and 3 that he and Mrs. Patterson are willing to 4 continue to meet the young people around the 5 state of New York. I would remind my friends 6 that it is more than a boxing commission. It is 7 an athletic commission. It does meet the needs 8 of young men and young women in this state. 9 As a personal example, I think we 10 could find none more sterling and none of a 11 broader background and base than Mr. Floyd 12 Patterson, so I'm very privileged to be able to 13 nominate an honorary citizen of the 48th Senate 14 District and a good friend of ours, along with 15 his wife, who is with us today. 16 Thank you, Madam President. 17 ACTING PRESIDENT RATH: Thank 18 you, Senator Hoffmann. 19 Senator Paterson. 20 SENATOR PATERSON: Thank you, 21 Madam President. 22 It is with distinction, on behalf 23 of the Minority Leader, Senator Connor, that we 1060 1 congratulate the Governor on this appointment of 2 Floyd Patterson to the State Athletic 3 Commission. 4 We did this last year, and there 5 were a number of warm tributes, and it's even a 6 further tribute to the character of this 7 individual that people saw fit to get up again 8 because it is an issue that needs to be stated 9 and restated when a person has gone so far in so 10 many ways to affect the lives of other people: 11 Floyd Patterson's work with youth, Floyd 12 Patterson's influence on adults, and his 13 tremendous record as a boxer and as a citizen of 14 this state and one that bears a great deal of 15 admiration and would be the catalyst for his 16 appointment today. 17 I just want Senator Stafford to 18 know that I know where I was in June of 1968 19 when Floyd Patterson fought Jerry Quarry, in my 20 opinion the worst decision that I had ever seen 21 in a boxing match until October 1969, when, in 22 my opinion, Floyd Patterson should have won the 23 title back a third time when, in my opinion, he 1061 1 defeated Jimmy Ellis. But I guess I wasn't a 2 good boxing referee, watching television. 3 In both of those fights what I 4 remembered so well last year and what I remember 5 today was the type of discipline and the type of 6 character that Senator Hoffmann referred to 7 displayed by Floyd Patterson when it was 8 announced that he lost those fights. It was a 9 tremendous inspiration to me as a young person 10 at that time about the caliber of an individual, 11 whether they face victory or defeat. 12 And it is with that memory that 13 we lend our support to this nomination and are 14 assured that he will continue his fine service 15 to the citizens of the State of New York. 16 ACTING PRESIDENT RATH: Thank 17 you, Senator Paterson. 18 Senator Dollinger. 19 SENATOR DOLLINGER: Thank you, 20 Madam President. 21 I rise not to simply echo the 22 thoughts of my colleagues about the past 23 accomplishments of Floyd Patterson but to talk 1062 1 about his accomplishments yet to come. 2 I asked him during the course of 3 the Finance Committee deliberations about the 4 relationship between the fighters and the fight 5 enterprise, and I was impressed with his 6 compassion when he talked about the need to make 7 sure that the athletes who give of themselves in 8 the ring, who bring consumer dollars to Madison 9 Square Garden -- really, the fight capital of 10 the world. 11 It seems to me he expressed a 12 firm conviction that he would work in this 13 position to improve the fight game in New York 14 and to protect those athletes from exploitation 15 by their agents or by others. 16 Champ, I can only tell you that I 17 think everyone in this room is behind you. Give 18 those avaricious agents -- with hairdos and 19 handshakes -- give them a message from the 20 people of the State of New York that when you 21 take our consumer dollars, we want to make sure 22 that the athletes who give of themselves to 23 entertain consumers in New York will find a 1063 1 ready friend in the State Athletic Commission to 2 protect them from exploitation. 3 I've heard too many stories about 4 fighters who have gotten through the fight game 5 left penniless, oftentimes relying on public 6 assistance, suffering from other diseases, and 7 it seems to me that the time to end that has 8 come. 9 Champ, give them the one, two, 10 and let's bring back respectability and nobility 11 to this profession. 12 ACTING PRESIDENT RATH: Senator 13 Markowitz. 14 (There was no response.) 15 Senator Markowitz left the 16 chamber? 17 Senator Markowitz. 18 SENATOR MARKOWITZ: Thank you 19 very, very much. 20 First off, I want to commend the 21 Governor. We're quick to disagree when we feel 22 he's wrong, but this appointment, it's a 23 knockout. 1064 1 So I want to congratulate the 2 Governor. I know this will be a superb 3 appointment, and I want to share with Senator 4 Goodman just a few moments, and I'm delighted 5 that ultimate boxing, fighting, or whatever they 6 call this violent sport, that our commissioner 7 will vehemently ensure that it will not be 8 introduced in New York State. 9 I can tell you that the promoters 10 of this vicious sport attempted to have their 11 first "ultimate fighting duel," you might say, 12 in the heart of my Senatorial District. The 13 last thing our society needs, in my opinion, is 14 another outlet for the expression of violence, 15 which is what that sport that they call a sport 16 would have brought to the citizens of New York 17 City and New York State. 18 So I commend Mr. Patterson. I 19 know that he will be among the best appointments 20 that Governor Pataki will ever make. 21 Thank you. 22 ACTING PRESIDENT RATH: Thank 23 you, Senator Markowitz. 1065 1 Senator Waldon. 2 SENATOR WALDON: Thank you very 3 much, Madam President. 4 I grew up in Brooklyn, Halsey 5 Street between Reed and Patchen, Patchen Avenue 6 between Quickham and Jefferson. I used to go 7 down to Bainbridge Street, play stickball with 8 guys like D. D. Thompson, Clifton and Farrell 9 Daley, the DeMeyer brothers, and that whole host 10 -- Donny Carrington -- whole host of guys who 11 Father Manning had an influence upon at Holy 12 Rosary, and there was a guy who some of us after 13 he began to move up in the boxing world imagined 14 and fantasized had he crossed our paths when we 15 were playing Ring O'Levio, kick the can and all 16 those other games that poor kids in Brooklyn 17 played because they had not much else to play 18 with. We had no uniforms. We had no baseball. 19 We had no real glove. 20 We recognized, though, when Floyd 21 Patterson rose to the pinnacle of success in the 22 fight game as the heavyweight champion that even 23 though many of our IQs were not very high, we 1066 1 were very smart not to have challenged him at 2 that time on the streets of Brooklyn. 3 I would like to say that I admire 4 this man even though we aren't really intimates 5 or friends because he is an example of someone 6 who came from the ghetto but the ghetto is not 7 necessarily in him. He is a world renowned 8 personality. He is a person who is respected 9 throughout the world in terms of his accomplish 10 ments but of the spirit, as well, that he brings 11 to the fight game. 12 I think that Governor Pataki has 13 made a wise decision in turning the reins of the 14 New York State Athletic Commission over again 15 into the hands of Floyd Patterson, and I would 16 like to say that to he and his wife, I wish you 17 great success this time, Champ, and this time 18 I'm here in the Senate to praise and applaud a 19 brother from Brooklyn, one of the guys from 20 Bed-Stuy, one of the guys whose name is 21 emblazoned across the universe in terms of the 22 fight game, and through your success, the rest 23 of us who came from those cold water flats with 1067 1 the rats and the roaches also had a chance to be 2 somebody. 3 Thanks a lot, Floyd, for all 4 you've done for everyone. 5 ACTING PRESIDENT RATH: Do any 6 other members wish to speak? 7 (There was no response.) 8 If not, the question is on the 9 confirmation of Floyd Patterson as a member of 10 the State Athletic Commission. 11 All in favor, signify by saying 12 aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 Floyd Patterson is hereby 17 confirmed as member and chairman of the State 18 Athletic Commission. 19 (Standing ovation) 20 ACTING PRESIDENT RATH: Chairman 21 Patterson, before I could get the words out of 22 my mouth to congratulate you on behalf of the 23 New York State Senate, my colleagues rose to 1068 1 greet you in an appropriate way. 2 And, again, thank you for all 3 you've done for all of the children of the State 4 of New York and, indeed, throughout this great 5 country, and we look forward to your exemplary 6 service again; and thank you and Mrs. Patterson 7 for being with us here today. 8 MR. PATTERSON: Thank you. God 9 bless you all for all the beautiful words. I 10 will never forget it for as long as I live. 11 Thank you. 12 (Applause) 13 Senator Skelos. 14 SENATOR SKELOS: Would you please 15 recognize Senator Larkin. 16 ACTING PRESIDENT RATH: Senator 17 Larkin. 18 SENATOR LARKIN: Madam President, 19 we have a Resolution 2319, honoring Larry Moses 20 from the town of Newburgh, who has just been 21 elected as the National Commander of the 22 American Ex-Prisoners of War, on the occasion of 23 his selection. 1069 1 Mr. Moses was a prisoner of war 2 for 24 months. 3 We would like to open it up so 4 that we in this chamber can all honor a 5 distinguished American. 6 SENATOR SKELOS: Those Senators 7 interested in sponsoring the resolution, if they 8 could so inform the desk. 9 ACTING PRESIDENT RATH: Thank 10 you, Senator Skelos. There are a number of 11 people raising their hands. 12 The resolution will be presented 13 with all unless there are objections, Senator 14 Skelos? 15 SENATOR SKELOS: With the consent 16 of the Minority, we can put everybody on the 17 resolution. If they do not wish to sponsor the 18 resolution, if they could inform the desk. 19 ACTING PRESIDENT RATH: There 20 will be fewer, yes, who would prefer not to be 21 on than doing it the other way. Thank you for 22 your guidance in that, Senator Skelos. 23 All in favor of the resolution, 1070 1 aye. 2 (Response of "Aye.") 3 Opposed. 4 (There was no response.) 5 The resolution is passed. 6 Senator Skelos. 7 SENATOR BRUNO: At this time, if 8 we could take up the controversial calendar, and 9 if we could start with Senator Seward's bill, 10 Calendar Number 154. 11 ACTING PRESIDENT RATH: Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 154, by Senator Seward, Senate Print 3377A, an 15 act to amend the General Municipal Law, in 16 relation to conflict of interest. 17 ACTING PRESIDENT RATH: Senator 18 Paterson, did you need an explanation? 19 SENATOR PATERSON: Yes, please. 20 ACTING PRESIDENT RATH: 21 Explanation. Senator Seward. 22 SENATOR SEWARD: This is a bill 23 which passed this house last year and this deals 1071 1 with the issue of updating some of the conflict 2 of interest provisions in the General Municipal 3 Law. 4 Just as a matter of background, 5 Section 801 of the General Municipal Law is a 6 blanket prohibition against the conflict of 7 interest for municipal officers and employees, 8 and this bill does not address this particular 9 section, but it does move on to address Section 10 802, which sets forth numerous exceptions to the 11 prohibition including an exemption of up to $100 12 per year for contracts in which the officer may 13 be involved in terms of having an interest. 14 Now, the legislation before us 15 does two things. 16 Number one, it raises the 17 exemption from $100 per year to $750 per year 18 and that's been -- has not been addressed since 19 1964. So it's merely updating that number. 20 And the second item in the bill 21 is that for non-salaried municipal board members 22 in rural counties only, under 200,000, it allows 23 purchases in the aggregate of up to $5,000 a 1072 1 year, where the board member abstains and the 2 resolution for purchases is unanimous. It also 3 requires that under those conditions, obviously, 4 the standard procurement procedures must be 5 followed. In other words, it must be the lowest 6 bid available. 7 So the rationale, of course, is 8 that in the rural areas, local providers, 9 sometimes the only provider, may very well be on 10 these nonsalaried municipal boards, and this has 11 been a problem in some of our rural areas. I 12 have had a problem in my own area, and we're 13 attempting to deal with this in some reasonable, 14 responsible, ethical way, a very limited way. 15 ACTING PRESIDENT RATH: Senator 16 Paterson. 17 SENATOR PATERSON: Thank you very 18 much, Madam President. 19 If the Senator would yield for a 20 question? 21 ACTING PRESIDENT RATH: Senator? 22 SENATOR SEWARD: Certainly. 23 SENATOR PATERSON: Senator, line 1073 1 9 of the bill, which discusses the aggregate of 2 $5,000 over the period of a year, a year that 3 may be involved in the amount of money that is 4 utilized in contracts, is this something that is 5 new legislation or in 1964, when the $100 limit 6 was set in Section 801 of the General Municipal 7 Law? What I'm missing is whether or not this is 8 something new or are you updating this amount? 9 SENATOR SEWARD: This procedure 10 and the stipulations outlined in the bill for up 11 to the 5,000 for the nonsalaried board members 12 that are elected is -- this whole process is a 13 new addition to that Section 802. 14 SENATOR PATERSON: Thank you very 15 much. 16 Through you, Madam President. 17 Senator Seward, I don't have a problem with 18 Section 801. If the amount was $100 in 1964 and 19 we're simply adjusting for inflation, $750 might 20 be high, based on that standard, but I don't 21 really have a problem with that. 22 I do have a problem with what 23 we're now doing that applies to Section 802, 1074 1 which is the aggregate of $5,000. It seems to 2 me that a great deal of business can be 3 conducted by the nonsalaried board member in 4 rural counties, to such an extent that even if 5 they abstain on the resolution that it would be 6 problematic and certainly within line with what 7 conflict of interest laws exist. 8 Perhaps you might want to explain 9 to me and the other members how you think that 10 that isn't the case. 11 ACTING PRESIDENT RATH: Senator 12 Seward. 13 SENATOR SEWARD: Well, Madam 14 President, Senator Paterson may find it prob 15 lematic in terms of setting up this procedure 16 involving purchases up to $5,000. The reason 17 that I'm sponsoring this bill is that it's been 18 problematic not having some kind of limited 19 process in the law to cover situations like 20 this. 21 The reason I do not believe that 22 it throws open the conflict of interest 23 provisions in the General Municipal Law is that 1075 1 we very consciously make it such a narrow set of 2 circumstances -- the member of the governing 3 board; it has to be an elected position serving 4 without salary; the purchases, those that are up 5 to $5,000 in aggregate, have got to be done 6 according to the lowest possible bid. 7 All of those procurement policies 8 and procedures are very much in place. We're 9 not changing those at all in terms of the low 10 bid provisions, and the resolutions authorizing 11 the purchases in this situation have got to be 12 unanimous with the one particular member 13 abstaining. 14 So it's not a problem, in my 15 estimation, because we are so narrowly defining 16 the set of circumstances so that we are not just 17 throwing these conflict of interest provisions 18 out the window. 19 SENATOR PATERSON: Thank you very 20 much for answering, Senator Seward. They were 21 certainly persuasive in the sense that I 22 understand the narrow set of circumstances, and 23 I appreciate the fact that there will be a 1076 1 unanimous vote of the board and abstention on 2 the part of the particular member that's 3 involved. 4 However, on the bill, I would 5 suggest that should this bill come up again that 6 perhaps it might be a little more foresighted to 7 start the amount at something lower than $5,000 8 per year, which, in my opinion, would allow for 9 an individual to be involved in as many as 20, 10 25, 30 separate contracts. 11 So what I'm just saying is that 12 the old amount that we had was $100. We could 13 understand that. We're raising that to $750. 14 But Section 802, right now the amount would be 15 zero. In other words, we've never done this 16 before and all of a sudden, we're jumping to an 17 aggregate of $5,000 a year. 18 I just think it's excessive and 19 certainly opens the door to a certain amount of 20 coercion on the board and a certain amount of 21 cooperation that exists among board members to 22 the possible detriment relating to conflict of 23 interest. 1077 1 ACTING PRESIDENT RATH: Do any 2 other members wish to speak? 3 (There was no response.) 4 Call the roll. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT RATH: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar 154 are Senators Abate, 12 Connor, Paterson and Smith. Ayes 51, nays 4. 13 ACTING PRESIDENT RATH: The bill 14 is passed. 15 One moment. 16 SENATOR GOLD: Madam President. 17 ACTING PRESIDENT RATH: Why do 18 you rise, Senator Gold? 19 SENATOR GOLD: While we seem to 20 have a small pause - 21 ACTING PRESIDENT RATH: Just a 22 pause. 23 SENATOR GOLD: The last bill was 1078 1 154. Could I please be recorded in the negative 2 on that? 3 ACTING PRESIDENT RATH: Correct. 4 Senator Gold has requested to be recorded in the 5 negative on Calendar Number 154. 6 Senator Kuhl. 7 SENATOR KUHL: Yes, Madam 8 President. By way of order of the calendar, can 9 we call up Calendar Number 59, by Senator Bruno, 10 please. 11 ACTING PRESIDENT RATH: Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 59, by Senator Bruno, Senate Print 5598A, an act 15 to amend the Legislative Law, the State Finance 16 Law and the Executive Law, in relation to 17 estimates of state revenues. 18 SENATOR GOLD: Explanation. 19 ACTING PRESIDENT RATH: 20 Explanation has been called for. Senator 21 Stafford. 22 SENATOR STAFFORD: Madam 23 President, all of us who have served here in the 1079 1 Legislature or in the Senate or in the Assembly 2 have often thought and said to ourselves we 3 should make some changes, we should have some 4 reform when it comes to putting our fiscal house 5 in order. No pun intended. 6 We all realize that it's a 7 complicated procedure. We all realize that we 8 serve here in the Senate -- there are 61 of us. 9 It would be good if every one of us could do 10 what we want to do and have that pass, have that 11 signed into law but, of course, that cannot be 12 done. We have to have a system whereby together 13 we reach a consensus and we get more than a 14 majority or a majority in our votes to pass the 15 legislation and to pass a budget. 16 Now, putting the budget together 17 is extremely complicated, and if we were to 18 follow this procedure, we were to find that it's 19 almost unbelievable. But those of us who have 20 served in local government, those of us who have 21 served in any other government, or actually in 22 the private sector, realize putting a budget 23 together, once again it is getting an agreement, 1080 1 getting a consensus, and deciding what we will 2 take in and what we will spend. 3 Now, here in government, here in 4 the state, the agencies, the state agencies, 5 they start preparing the budget in the summer, 6 sometimes before the summer. Some are doing it 7 already, but when it was not quite so 8 complicated, it would start in the fall, 9 sometimes in the summer and the executive branch 10 would decide on the numbers, and it would be 11 submitted to the Legislature usually on February 12 1st or the last week in January, at the end of 13 January. 14 To the Governor's credit, this 15 year he provided us with a budget on December - 16 December 15th, and this has made a great deal of 17 difference and is making our job not only easier 18 but we're able to really understand more of what 19 we are doing and really have a handle on making 20 our decisions, and I don't say that criticizing 21 those who have gone before us either in the 22 legislative branch or in the executive branch, 23 but it was just understood years ago, when I 1081 1 first got here, that the Division of the Budget 2 really had the people, had the officials, and 3 they really had the power because they had the 4 knowledge and they had those who had the 5 information. 6 It has changed a bit, I think, in 7 all areas of government, and we do have very 8 hard workers in the Senate in the fiscal 9 committees and, yes, in the fiscal committee in 10 the Assembly. 11 I do want to mention, Madam 12 President, before I go any further because I 13 wanted to mention this as quickly as possible. 14 We have had hearings on the budget, and they 15 have been going on for over a month, and I would 16 tell you that we have gone into the hearings at 17 about 10:00 o'clock usually and left sometimes 18 at late as 9:30 or 10:00. But I won't tell you 19 that because that would be self-serving, but we 20 were there. We were there, and people were able 21 to come in to Assemblyman Farrell and myself. 22 Many of you were there, many of the personnel, 23 members of the Assembly were there, and people 1082 1 had the opportunity to speak their mind. 2 I think to the credit of the 3 system we had and those involved, excluding 4 myself, it's a real compliment because we were 5 given a great deal of information, and I can 6 only say to you that for a number of years - 7 and I have served here a number of years -- I've 8 often thought that hearings were sort of a waste 9 of time at times. But these hearings, I assure 10 you, one can always learn. 11 People came in and discussed how 12 their lives were going to be affected. They 13 discussed how their business was going to be 14 affected. They came in and discussed how their 15 families were going to be affected. They came 16 in and just explained how this budget affected 17 them, and I assure you, Mr. President, that with 18 the hearings that we've had and with the record 19 that has been made and is going to be printed, 20 we will be able to do that much better a job. 21 Once in a while people would get 22 a bit exercised, but we were all pleased with 23 that because it would get us a bit blah when 1083 1 you're sitting there for ten to twelve hours at 2 a time. 3 But with this legislation, Mr. 4 President, it provides clarification and will be 5 conforming provisions related to the constitu 6 tional amendment which we will consider after 7 this, and it does have very, very meaningful 8 reforms, and I have three that I would like to 9 discuss. 10 I'm sure we will have a 11 discussion. I'm sure there will be some 12 questions, and I also want to say right here as 13 I stand on the floor, the gentleman at my left 14 was there just exactly like Assemblyman Farrell 15 was and myself during the hearings that I just 16 mentioned. I think that is important. 17 The first provision, what I would 18 consider a reform, it provides for joint budget 19 conference committees to be appointed by the 20 Speaker and by the Majority Leader by March 10th 21 and requires a report to the legislative leaders 22 by March 29th. I think that's a real, real move 23 in the right direction; and the reason I think 1084 1 that conference committees are important, it's 2 very interesting, when you get back in your 3 district and you start discussing all of this, 4 how things kind of clear up in your head and you 5 realize sometimes, why, our constituents think 6 just like we do, and I said, yes, we should have 7 that conference committee. We should close the 8 door. We're all mature, sensible people. We 9 have to come to a consensus and we have to have 10 a report. It's easier said than done, but I 11 think it's possibly -- and I'm pointing at 12 myself as one who would have to be understanding 13 as much as anyone. 14 A second reform requires the 15 convention of public revenue estimating 16 conferences to be held on or before September 17 30th. The convention? Yeah, you're convening a 18 public -- I see. We're learning English here 19 today. Convention means convening. 20 It requires a convening of public 21 revenue estimating conferences to be held on or 22 before September 30th to support the development 23 of a consensus of revenue estimate by November 1085 1 20th. A follow-up conference will be held by 2 January 10th again to support the development of 3 an updated consensus estimate by January 20th. 4 And, my friends, you see there a 5 number of times the word "consensus" used. That 6 is what we have to have, no matter what area of 7 government we are serving in, no matter what 8 level -- and I don't like the word "level" 9 because I think one area of government really is 10 as important as the other, whether it be local, 11 state, or federal. 12 And, thirdly, the statute 13 requires a submission by the Governor of a more 14 detailed four-year financial projection for the 15 Executive Budget and an update of the four-year 16 projection within 60 days of budget passage. 17 Madam President, again you have 18 to be careful when you start taking credit for 19 anything because, believe me, many, many others 20 have been involved. This is one area that I 21 have said we had to really get something done, 22 and that is to have a sensible -- a sensible, 23 really, determination for at least three to four 1086 1 years out. Businesses do it. The state must do 2 it. At the present time and we've been doing it 3 for many, many years, more years than any of us 4 have been here or will be here, year by year. 5 This does have to be changed. I compliment the 6 Majority Leader who has led this move. I 7 compliment the Governor, who also has been 8 joined in leading. I commend all who have 9 worked hard in the drafting of this legislation 10 and hopefully its passage. 11 ACTING PRESIDENT RATH: Senator 12 Gold. 13 SENATOR GOLD: Madam President, 14 would the distinguished Senator yield? 15 ACTING PRESIDENT RATH: The 16 Senator yields. 17 SENATOR GOLD: Senator, I 18 appreciate the fact that your remarks were 19 highlights, but I'm taking a look at the 20 document which I understand is the memo which, 21 as I look at the bill, it starts off in Section 22 1 and Section 2, says that there is a provision 23 for a two-thirds vote of revenue actions 1087 1 amounting to $50 million. 2 SENATOR STAFFORD: The mandate is 3 in the Constitution, but let me please mention 4 this and I will -- whenever you need more 5 information, I will do my best to get it for 6 you. Remember how we kept trying to tell people 7 to summarize the highlights all during the 8 hearings? That's what I tried to do. 9 SENATOR GOLD: And very well. 10 So, Senator, what I'm trying to -- I ask you 11 again if you'll yield. 12 SENATOR STAFFORD: Yeah. 13 SENATOR GOLD: The memo says 14 there's a provision in the bill that would 15 require a two-thirds vote on revenue actions 16 amounting to $50 million or more. Could you 17 just tell me where that is in the bill itself? 18 SENATOR STAFFORD: In the bill 19 itself. All right. If I could, Senator Gold, 20 the amendment to the Constitution is what sets 21 forth the necessity of the two-thirds vote. The 22 bill just specifies on how this will be carried 23 out. 1088 1 SENATOR GOLD: Got it. Will the 2 Senator yield to one more question? 3 SENATOR STAFFORD: By all means. 4 SENATOR GOLD: Senator, if I 5 really understand this, the calendar number 6 before this bill which we didn't do yet is a 7 Constitution -- proposed constitutional 8 amendment and, if that were to take effect, this 9 bill has some language in it which would 10 basically be the enabling or the actual carrying 11 out of that provision. 12 SENATOR STAFFORD: Yes. 13 SENATOR GOLD: So if I may 14 continue, Madam President, in the bill that we 15 have before us on page 1, line 20 where it 16 refers to Section 20, Article III of the 17 Constitution and definitions of the word "tax", 18 I think, Senator, you would agree with me that 19 as of today as we stand in the state of New 20 York, Article III, Section 20 does not even use 21 the word "tax", and basically you're asking that 22 we pass a bill and that this bill be sitting 23 around in case some day we ever pass an 1089 1 amendment to Section 3, Article 20 which may, 2 indeed, have the word "tax" in it. Is that - 3 SENATOR STAFFORD: Your point is 4 well taken, but this would only take effect once 5 we have that constitutional amendment in 6 effect. 7 SENATOR GOLD: Oh. Well, 8 Senator, if you'll yield to another question. 9 ACTING PRESIDENT RATH: Will the 10 Senator yield? 11 (Senator Stafford nods his head.) 12 SENATOR GOLD: Has the print 13 before us, 5598, passed both houses of the 14 Legislature at any point? The one -- I'm 15 sorry. I'm talking about Calendar Number 58, 16 the constitutional amendment. Has that passed 17 both houses of the Legislature yet? 18 SENATOR STAFFORD: I will share 19 with you that -- I have a feeling, just looking 20 at the entire situation, that that will be 21 passed. It has not. 22 SENATOR GOLD: It has not. So, 23 Senator, if I then understand it, if we did - 1090 1 if the Senator would continue to yield. 2 ACTING PRESIDENT RATH: Senator, 3 do you continue to yield? 4 SENATOR GOLD: If, Senator, we 5 passed Calendar 58 this year as a constitutional 6 amendment, I believe that the -- we would have 7 to resubmit it to a Legislature elected after 8 this November and it would have to be repasssed 9 and then submitted to the voters in November of 10 1997. Isn't that correct, Senator? 11 SENATOR STAFFORD: Well, right, 12 but, of course, it has to take effect after all 13 of that you just mentioned. 14 SENATOR GOLD: Yeah. Well, 15 Senator, this is my question. Isn't it a little 16 unusual to -- to propose legislation that we 17 pass now which defines words that are not even 18 in the state Constitution, and then suggest that 19 we pass that in the law, and then wait around 20 for two years to see whether or not this 21 Legislature and then the following Legislature 22 decides to submit to the people a constitutional 23 amendment which they may reject rather than to 1091 1 wait until the people have spoken or at least 2 once the bill -- the constitutional amendment 3 has passed, then suggest language. Isn't this 4 just way, way, way putting the cart before the 5 horse in this case? 6 SENATOR STAFFORD: No, I -- I 7 don't think that this puts the cart before the 8 horse, because I think having this bill in print 9 and in effect people will see exactly how the 10 constitutional amendment will be carried out 11 once this passes. This will be part of the 12 information that we make available when this 13 amendment has, as you say, passed one session of 14 the Legislature -- of a Legislature. It has to 15 pass the next -- the next Legislature, two-year 16 cycle, then be submitted to the people. 17 SENATOR GOLD: Thank you. 18 Madam President, on the bill. 19 ACTING PRESIDENT RATH: Senator 20 Gold. 21 SENATOR GOLD: When Senator 22 Stafford talks, I listen. All right? It may 23 not be Smith Barney but when he talks, I 1092 1 listen. 2 Senator Stafford rightfully said 3 that if you're going to put a budget plan 4 together, you need a consensus, and he used that 5 word "consensus" over and over, and I'm glad he 6 did that because that is really accurate, but I 7 would also suggest to Senator Stafford that, if 8 you're creating a format for reform, that also 9 needs a consensus because whatever we pass in 10 this house is of no effect unless it passed in 11 the other house and submitted to the people if 12 it's a constitutional amendment or submitted to 13 the Governor if it is to be a law. 14 I don't know whether there is any 15 great consensus here. I will say this, that by 16 you reading the proposed law change that we're 17 on now and reading the proposed constitutional 18 amendment which is Calendar 58, there is some 19 good news and that good news, as I see it, 20 Senator Stafford, is that your conference had 21 the good sense to reject some of the Governor's 22 proposals because the Governor has also 23 suggested that we change the process, and it's 1093 1 my understanding that he has suggested 2 increasing transfer authority for the Director 3 of the Budget to ten percent, including across 4 the board for agencies, diluting the meaning of 5 our legislative appropriations. 6 Now, maybe if you were the 7 Governor, you would think that's pretty good 8 stuff, but I don't know whether 61 men and women 9 in this house and 150 in the other house would 10 agree with that. So I'm glad you have sent a 11 message to our former colleague in the Senate 12 and said that wasn't so great. 13 You also rejected Governor 14 Pataki's proposal of changing the lapse date for 15 appropriations to March 31st, which proposal, by 16 the way, failed to recognize normal business 17 practices and could have adversely affected 18 small business. 19 Also, I understand, that the 20 executive had asked for authority to enter into 21 contracts without appropriation authority, and 22 this may be in the form of moral obligation 23 without legislative approval and, again, I 1094 1 appreciate the fact that your side stood up for 2 the Legislature in that way. 3 It may also be that, if you 4 wanted to sit down with people like Senator 5 Stachowski and Senator Nanula and Senator 6 Leichter and Senator Dollinger, et cetera, et 7 cetera, we might be able to really put together 8 some reform package for the budget that -- that 9 was a consensus, to use your word. 10 I see some flaws in the bill as 11 it's presented, and I was concerned about one of 12 the comments that Senator Stafford made when it 13 came to the provision about a conference 14 committee. Now, last year there was quite a bit 15 to say about the concept of whether or not the 16 Governor and legislative leaders, as bargainers, 17 were going to do that in an open room with the 18 press watching and with the people watching to 19 get away from the old methodology of people 20 going behind closed doors and talking that way, 21 but yet when I heard Senator Stafford, he said 22 specifically that a committee would be appointed 23 no later than March 10th and they were to report 1095 1 no later than March 29th, and that they would go 2 behind closed doors and hammer it out. 3 Well, Senator, I don't know 4 whether you meant that literally, but that's 5 what you said and perhaps you would want to 6 amend that, but if you're talking about putting 7 together a group of people and sitting behind 8 closed doors, I don't know how that changes what 9 happens now when legislative leaders go behind 10 closed doors; but, if you look at your proposed 11 legislation at page 1, lines 10 through 13, it 12 provides that there shall be a report, which 13 sounds very encouraging, until you get to line 14 13 itself which says "except the report may be 15 that we can't give you a report." That's 16 terrific. 17 So, we will have a conference 18 committee that, according to Senator Stafford, 19 works behind closed doors from March 10th to 20 March 29th, and then we'll emerge, as everyone 21 stands breathless, and hand up a piece of paper 22 that says we cannot report. Now, I don't know 23 what that is going to accomplish. 1096 1 As far as the language dealing 2 with the two-thirds, I am not going to say to 3 you, Senator Stafford, that in the past we have 4 not had constitutional amendment proposals and 5 we have not had a statutory language that would 6 be working together with that proposal if, in 7 fact, it passed, but in this one particular 8 situation, I just think you're way, way ahead of 9 yourself because we are pretty far from that 10 particular contingency. 11 At any rate, I think if you read 12 the record of your comments, Senator Stafford, 13 you'll find that the word you used more often 14 was "consensus" and if you want a consensus, 15 we're going to give you some ideas, and with the 16 permission of the Chair, I would like to yield 17 to Senator Nanula for the purpose of offering an 18 amendment. 19 SENATOR NANULA: Madam President. 20 ACTING PRESIDENT RATH: Senator 21 Bruno is our next speaker. 22 SENATOR BRUNO: Thank you, Madam 23 President. 1097 1 ACTING PRESIDENT RATH: He asked 2 to be on the list before you yielded, Senator. 3 SENATOR BRUNO: Madam President, 4 do I have the floor? 5 ACTING PRESIDENT RATH: Yes, you 6 do, Senator Bruno. 7 SENATOR BRUNO: And Senator Gold 8 has relinquished the floor? 9 SENATOR GOLD: Madam President, 10 no objection. 11 SENATOR BRUNO: Thank you, Madam 12 President. 13 ACTING GOLD: I'm delighted to 14 listen to my leader. 15 ACTING PRESIDENT RATH: Thank 16 you, Senator Gold. 17 Senator Bruno has the floor. 18 SENATOR BRUNO: Thank you. 19 SENATOR GOLD: And I believe 20 Senator Connor said it to Senator Bruno. 21 SENATOR BRUNO: And your leader, 22 Senator Paterson as well, who is on the floor 23 listening diligently. 1098 1 Madam President, I also was 2 listening to Senator Stafford's explanation and 3 Senator Gold's questions and his replies, and I 4 think Senator Stafford established extremely 5 well why we have this proposal before us, and as 6 he was explaining this bill, he was also talking 7 about the constitutional amendment that is 8 required through a resolution that is a 9 companion to the bill that's on the floor before 10 us. They are truly a package. One doesn't go 11 without the other. 12 On this package, anyone in this 13 chamber that doesn't recognize that the system 14 of passing a budget in this state doesn't work 15 well on behalf of our constituencies -- this is 16 not a partisan issue. It is not a political 17 issue. This is an issue that all of us have to 18 reconcile and resolve on behalf of our mutual 19 constituency. We are debating and negotiating a 20 change to the budget process with the Speaker, 21 the Governor's office and a joint press 22 conference on December 7th has partnered with us 23 in the legislation, in the resolution that is 1099 1 before us. So that's two out of three, 2 presently, that feel this makes sense. 3 Speaker Silver, representing his 4 conference, has advocated budget reform. We are 5 very interested in what the Speaker has to say. 6 We don't claim pride of authorship with what is 7 before us, but what we do in this house is take 8 action. There is a time for action, and the 9 time is now for us to establish what we are 10 prepared to do to change a budget process in 11 this state that doesn't work, and if we in this 12 chamber want to be a party to something 13 continuing year after year when we know it 14 doesn't work, then that's wrong. Then we're 15 failing our constituency individually and 16 mutually. 17 So it disturbs me a little that I 18 sense a political position, and I hope I'm wrong 19 that this represents a partisan attitude in that 20 what's on the floor doesn't make sense because 21 it's presented primarily by a Republican 22 Conference. 23 Senator Gold shakes his head, and 1100 1 I'm very pleased that that's the case because I 2 know he's an honorable gentleman. He holds up 3 his thumb which means that everything is okay, 4 so I would expect that he will probably support 5 what's on the floor and concur that since the 6 system doesn't work, we've got to fix it and 7 this is our attempt to establish where we are as 8 a base. 9 Is this the only position that 10 ought to be established? Absolutely not, but it 11 is a position that we are prepared to move 12 forward the constitutional amendment for first 13 passage and the bill that's before us to become 14 law. 15 So that's where we are. We're 16 trying to fix a budget process that doesn't 17 work. It establishes, as Senator Stafford 18 related extremely well, right from the beginning 19 a consensus forecast, done -- started in 20 September, concluded in November, revised again 21 in January and during the process asked the 22 Governor to submit his budget by December 1st 23 instead of the end or middle of January, the 1101 1 amendment period going from 30 days to 45 days, 2 extending fully a two-month period, doubling the 3 time that we have for disclosure and, as the 4 process moves forward, by March 10th -- and I 5 want to be clear on this because I believe that 6 there was some confusion from Senator Gold's 7 question. The intent is, if this legislation 8 becomes law, that by March 10th the process 9 would be such that we would have an agreed on 10 budget between the two houses by March 10th and 11 that budget would move to the floor and become 12 law when signed by the Governor. That's the 13 intent that's before us. 14 If, by some quirk, the two houses 15 don't agree by March 10th, then we each pass our 16 own budgets to establish, then, conference 17 committees, unless each of us does our own 18 budget. Then the conference committees will not 19 be operative; we each establish our own budgets 20 in our own houses. Conference committees become 21 effective for 15 days, March 10th to March 22 29th. On March 29th, the conference committees 23 would report out, hopefully, in agreement. 1102 1 Everyone knows that conference 2 committees are open to the public, so you have 3 totally open discussion on the budget process 4 through the conference committee approach. On 5 the 29th, conference committees report out; 6 together we pass a budget by April 1st. The 7 people of this state are happy. We are happy 8 because we take a two-week recess. That's 9 funny, but there is another reason why we're 10 happy, because we have done the work on behalf 11 of the people of this state that hasn't been 12 done 11 out of the last 12 years -- passed the 13 budget by April 1st. 14 If conference committees don't 15 get together, if we don't have a balanced budget 16 by April 1st, if what's before us becomes law, 17 we will have an austerity budget that becomes 18 the law of this state. That austerity budget 19 will be 90 percent of the previous year's 20 budget. That will be the law. 21 All appropriations and emergency 22 appropriations will be unnecessary and illegal 23 as dictated in the bill that's before us and the 1103 1 constitutional amendment that is a partner to 2 what's before us. 3 Now, that's the process. Early 4 consensus forecasting, early budget presentation 5 by the Governor, double at least the time for 6 deliberation, all open -- basically open the 7 process public, putting the budget together by 8 March 10th because the Governor would have 9 submitted his budget two months early. We can 10 pass a budget three weeks early if we have it 11 two months early. 12 Failing that, conference 13 committees put together a budget by April 1st. 14 Failing that, austerity budget. This is a good 15 plan. Is it perfect? Maybe not. You have 16 recommendations and suggestions. We welcome 17 them because, again, this is not a partisan 18 issue. It's not a political issue. We are 19 happy to partner in resolving how to fix a 20 budget process that's broke and doesn't work, 21 and I know you, Senator Gold, want to make it 22 work just as we want to make it work. 23 Madam President, thank you. 1104 1 SENATOR GOLD: Madam President. 2 ACTING PRESIDENT RATH: Thank 3 you, Senator Bruno. 4 Senator Gold. 5 SENATOR GOLD: Would the 6 distinguished leader indulge me for one short 7 question? 8 ACTING PRESIDENT RATH: Senator 9 Bruno? 10 SENATOR BRUNO: Yes, Madam 11 President. 12 ACTING PRESIDENT RATH: Senator 13 Gold. 14 SENATOR GOLD: Senator, you have 15 been a groundbreaker. We start on time. There 16 was one open conference, and you said in front 17 of all of us within the last few minutes that 18 this is a non-partisan effort. You've got it, a 19 non-partisan effort, and I want to believe 20 that. 21 You also said that there will be 22 no more bulldozing, right? You already got your 23 trophy for that, and you also said you wanted to 1105 1 hear from the Speaker, and my question is an 2 easy one. Do you also -- and you said you're 3 interested, I think, but I want to get it 4 clear. This proposal can't go to the people 5 until November of '97 which means we've got this 6 whole session to work it out. I don't think 7 today is significant in terms of it must be 8 today or whatever but, Senator, we have some 9 amendments to offer today and you're saying to 10 us, Gentlemen, ladies, it's non-partisan and it 11 may not be perfect, and these are our 12 suggestions, and I'm saying some of them sound 13 pretty good. 14 Senator, would you at least say 15 to me in the spirit of openness that you're 16 talking about, that when Senator Nanula and 17 Senator Stachowski and Senator Paterson and I 18 and others make some suggestions today which we 19 think makes the process even better, that in a 20 non-partisan way you will listen and really give 21 us meritorious votes on these today instead of 22 what we've had so many years under different 23 leaders, "Party vote in the negative. Party 1106 1 vote in the negative. It comes from a Democrat. 2 It can't even be a good idea. We won't even 3 consider it." That's my question. Can we get a 4 fair hearing from you today? 5 ACTING PRESIDENT RATH: Senator 6 Bruno. 7 SENATOR BRUNO: Madam President, 8 the answer to that question is certainly yes, 9 but what is fair I'm sure will be in the eyes 10 and ears of the beholders. 11 ACTING PRESIDENT RATH: Thank 12 you, Senator Bruno. 13 Senator Gold, you're yielding to 14 Senator Nanula? No? 15 Senator Nanula, are you next? 16 SENATOR NANULA: Yes. 17 ACTING PRESIDENT RATH: Then 18 Senator Mendez. 19 SENATOR NANULA: Madam President, 20 I'll yield to Senator Mendez. 21 ACTING PRESIDENT RATH: Thank 22 you. 23 Senator Mendez. 1107 1 SENATOR MENDEZ: Would Senator 2 Bruno yield for a question? 3 ACTING PRESIDENT RATH: Senator 4 Bruno, will you yield to a question from Senator 5 Mendez? 6 SENATOR BRUNO: Yes, Madam 7 President. 8 SENATOR MENDEZ: Thank you. 9 Senator Bruno, the provision in 10 the bill that says that, in the event that the 11 conference committees do not -- is not in 12 accord, there is no agreement, that then the - 13 there will be an austerity budget kicking in and 14 that austerity budget would be 90 percent of the 15 entire budget. Is that provision placed in to 16 sort of place a gun to all of our heads to 17 agree? Is that the purpose? 18 SENATOR BRUNO: No, that really 19 isn't the main purpose, Senator. The main 20 purpose is that the people of this state would 21 then have a budget on April 1st whether we are 22 able to come to agreement or not. They would 23 have a budget in place so that they could plan, 1108 1 so that payments for welfare, for Medicaid, for 2 school aid could go out. 3 The incentive -- in that it would 4 be at a reduced number, the incentive would be 5 that we then negotiate in good faith to get it 6 done going forward based on the revenue 7 estimates and consensus for that particular 8 year. 9 ACTING PRESIDENT RATH: Thank 10 you, Senator. 11 Senator Nanula. 12 SENATOR NANULA: Thank you, Madam 13 President. 14 I believe there is an amendment 15 at the desk. 16 ACTING PRESIDENT RATH: Is there 17 an amendment at the desk? 18 SENATOR GOLD: Madam President, 19 may we waive its reading and ask Senator Nanula 20 to explain it? 21 ACTING PRESIDENT RATH: 22 Explanation. 23 SENATOR NANULA: Thank you, Madam 1109 1 President. 2 I would like, before explaining, 3 to actually commend Senator Bruno and members of 4 the Republican Conference for the spirit and for 5 the philosophy and the intent, which I believe 6 is sincere, to substantively reform this 7 process. 8 Since arriving here in this 9 Senate, I have been publicly critical and I have 10 been critical on this floor of the budget 11 process. In fact, for those of you who might 12 remember, I was the controversial member who 13 introduced the "no budget, no pay" legislation 14 in 1994, which I know went over awfully well and 15 was very well recognized within this chamber 16 when I actually broke ground and gave my pay 17 back for every day that the budget was not 18 passed. 19 So if there's anybody here in 20 this chamber who has demonstrated a sincere 21 commitment to real and substantive reform of the 22 budget process and on-time budgets, certainly I 23 feel that I'm amongst the top of the ranks, and 1110 1 I also feel that the Senator -- Senator Bruno is 2 sincerely committed to making this a bipartisan 3 process, and I don't think the Republicans, very 4 honestly, have a strong hold on their interest 5 in reforming this process. I think it is a 6 bipartisan effort. I think that members on both 7 sides of the aisle are sincerely interested in 8 changing this process, and in the spirit of 9 that, my amendment is a simple one. 10 The purpose of the bill is to 11 require that before the budget bills pass, 12 members of each house of the Legislature receive 13 a summary of all proposed changes to the budget 14 as submitted by the Governor. Again, a very 15 simple request, a very simple amendment, and 16 more simply stated, before we vote on the 17 budget, we would like to specifically know - 18 every member should have the benefit of knowing, 19 in the Senate and in the Assembly, the various 20 detailed aspects of what we're going to be 21 voting on. 22 In the Governor's bill that was 23 submitted earlier this year, this language was 1111 1 included. I'm wondering why it was removed. 2 The Governor, who has served in this legislative 3 body, who has voted on budgets, who has been a 4 part of this flawed process, saw fit to include 5 it. Historically, the "green book" has been the 6 method of allowing the Legislature -- both 7 sides, both houses -- to have this specific 8 knowledge and information, but historically the 9 "green book" has been released after the budget 10 bills have been voted on. 11 I think that's wrong; and, again, 12 Senator Bruno, Senator Stafford, in the spirit 13 of a bipartisan effort to reform this process, 14 to vote on a proposed piece of legislation that 15 will hopefully bring a substantial reform to 16 this process, I encourage you to please give 17 consideration to this amendment and vote in the 18 affirmative on it. 19 SENATOR GOLD: Madam President. 20 ACTING PRESIDENT RATH: Senator 21 Paterson. 22 SENATOR PATERSON: I'm sorry, 23 Madam President. I wanted to speak after this 1112 1 amendment. 2 ACTING PRESIDENT RATH: After the 3 amendment. All right. I'm sorry. 4 Senator Gold. 5 SENATOR GOLD: Thank you very 6 much. 7 Madam President, I would ask that 8 my colleagues on the other side take a look at 9 Calendar Number 58 which, as I understand it, 10 would limit the number of appropriation bills 11 and budget bills that can even be submitted, and 12 while I don't really know why yet -- I guess 13 I'll find out -- it would seem to me that, if we 14 have a certain amount of work to do in the 15 state, Senator Bruno, and we're now saying that 16 these bills must be compressed into a certain 17 limited number of bills, that means a lot of 18 pages per bill, it means a lot of confusion, and 19 it would seem to me that all Senator Nanula is 20 suggesting is something which will give us all 21 the opportunity in a little easier manner to see 22 exactly where we have come from the point of the 23 Governor's budget to the point of submission. 1113 1 Not only that, I take a look 2 around and I know some of us have been here long 3 enough to remember when "green books" and things 4 like that were just a normal process. So, 5 Senator Bruno, I would think that as someone who 6 has complained to me, certainly privately if no 7 place else, over the years, that sometimes we 8 lose track, we're too technical. 9 I would urge that this is one of 10 the kinds of reforms that could fit right into 11 the proposals that are being thrown out by the 12 Majority, and in the spirit of bipartisanship or 13 non-partisanship, I would love to see the next 14 supporting statement for this amendment come 15 from you, Senator Bruno, or from Senator 16 Stafford, reaching a hand across the aisle 17 saying, "Yes, we need a consensus. We want to 18 hear from Assemblyman Silver and we do 19 appreciate the sincerity and the intellect that 20 goes with Senator Nanula's suggestion." 21 ACTING PRESIDENT RATH: The 22 question is on the amendment. All those in 23 favor say aye. 1114 1 (Response of "Aye".) 2 Opposed? 3 (Response of "Nay".) 4 The amendment is defeated. 5 Senator Bruno -- Senator 6 Paterson. I'm sorry. 7 SENATOR PATERSON: Madam 8 President, we have a party vote in the 9 affirmative on this. 10 ACTING PRESIDENT RATH: There 11 will be a party vote in the affirmative. There 12 was a reported vote of yeas and nays, and so 13 the recorded vote - 14 SENATOR GOLD: A party vote is 15 requested. 16 ACTING PRESIDENT RATH: -- the 17 party vote is inappropriate. 18 SENATOR GOLD: Madam President. 19 ACTING PRESIDENT RATH: Senator 20 Bruno. 21 SENATOR GOLD: Party vote in the 22 affirmative, yes. Is there a party vote in the 23 negative? 1115 1 SENATOR BRUNO: Party vote in the 2 negative. 3 ACTING PRESIDENT RATH: Okay. 4 The Clerk then will record the party vote. Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 20, nays 36, 8 party vote in the negative. 9 SENATOR GOLD: A point of inquiry 10 of the Chair. 11 ACTING PRESIDENT RATH: The 12 amendment is defeated. 13 SENATOR GOLD: Yes. Madam 14 President, is it possible under our rules to 15 record that party vote in a non-partisan way? 16 ACTING PRESIDENT RATH: Oh, it 17 was. 18 Senator Paterson. 19 SENATOR PATERSON: Madam 20 President, I have an amendment at the desk which 21 amends Section 57 of the Legislative Law, lines 22 10 through 14. I would waive its reading and I 23 would just like to discuss it at this time. 1116 1 ACTING PRESIDENT RATH: On the 2 amendment, Senator Paterson. 3 SENATOR PATERSON: Madam 4 President, because we do proceed here through 5 our conferences and because we do have a 6 Minority and a Majority Conference, irrespective 7 of the nature of how we come to that, it is the 8 regular practice here, and what we are 9 suggesting in this amendment to what is ground 10 breaking legislation that's being proposed on a 11 number of points today is the issue of the 12 representation of the Minority parties, the 13 Minority Conferences in the Senate and in the 14 Assembly in consensus forecasting and in 15 conference activities and certainly in our 16 conference procedures after March 10th. 17 If by March 10th the Executive 18 Budget is not passed, it would then be the 19 designation of the Speaker and of the Majority 20 Leader of the Senate that we would have these 21 conferences which would be open and in which 22 there would be an attempt to negotiate the 23 budget. 1117 1 What we are proposing in this 2 amendment is to have representation of the 3 Minority Parties -- the Minority Conferences in 4 these proceedings and that they be proportional 5 to the number of legislators who are in the 6 Minority Conferences. 7 It has been certainly the 8 procedure here that the Majority has conducted 9 the negotiations in the budget processes. There 10 have been times that the Minority parties have 11 actually been excluded from the negotiations, 12 itself. Perhaps that is one of the practices 13 that needs to be changed. Perhaps that is 14 contributing to the budgets that now run as late 15 as 67, 68 days. What we are suggesting is that 16 nearly 300,000 people have elected Senators and 17 nearly 140,000 people elect Assembly members and 18 that those members deserve to be part of the 19 negotiation. 20 Now, the reason that we have 21 committees and the reason that we have 22 conferences is to truncate the negotiating 23 process. We don't need to have 61 Senators and 1118 1 150 Assembly members in the room at all times, 2 but in trying to take shortcuts we have probably 3 elongated the process by not having a 4 representative inclusion of all of the 5 conferences and, really, all of the different 6 voices that make up the composition of our 7 Senate and our Assembly in the legislative 8 process, and so what we are asking for in this 9 amendment is for us to be mindful of the fact 10 that because we have a divergence of party now 11 representing us in the conference procedures, 12 due to the fact that the Republicans control the 13 Senate and the Democrats control the Assembly, 14 we now are in the unique position of having 15 somewhat, to a degree, of representation. 16 However, what if one party 17 controlled both of the houses? Then there would 18 really be no independence. There would really 19 be no opportunity for any of the voices to be 20 heard, and so for that and just the fact that it 21 is good government, I submit this amendment to 22 Section 57 of the Legislative Law, lines 10 23 through 14. 1119 1 ACTING PRESIDENT RATH: Thank 2 you, Senator Paterson. 3 The question is on the 4 amendment. All those in favor say aye. 5 SENATOR PATERSON: Party vote in 6 the affirmative. 7 ACTING PRESIDENT RATH: Party 8 vote in the - 9 SENATOR BRUNO: Party vote in the 10 negative. 11 ACTING PRESIDENT RATH: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 20, nays 36, 15 party vote in the negative. 16 ACTING PRESIDENT RATH: The 17 amendment is defeated. 18 The Clerk will read -- read the 19 last section. 20 SENATOR GOLD: Madam President. 21 ACTING PRESIDENT RATH: Senator 22 Gold, why do you rise? 23 SENATOR GOLD: On the bill. 1120 1 ACTING PRESIDENT RATH: On the 2 bill. 3 SENATOR GOLD: Madam President, 4 there are problems with the bill. There 5 certainly is no problem with Senator Bruno 6 wanting to reform the system but, for example, 7 in this bill an austerity budget kicks in 8 without even a vote of the Legislature, but what 9 I do have a problem with -- and I hope the press 10 understands this. You know, I always thought 11 that if people got to the high position in life 12 where they could work for the media and report 13 to the public -- most of them studied English in 14 college and majored in it perhaps, so they 15 understand words, and I suggest that it would be 16 really very decent of a very decent press corps, 17 if they reported the words that were said today 18 by our Majority Leader as well as the actions 19 taken, because then you see that the words are 20 right but the actions mean nothing. It means 21 nothing. 22 There is really no desire on the 23 part of this Republican Majority to find a 1121 1 consensus. There is no desire on the part of 2 this Republican Majority to reach agreements and 3 compromise, and last year when we couldn't bring 4 in a budget on time for a Republican Governor 5 and all the finger pointing went on, you see 6 what happens. If you want a consensus, it's not 7 a consensus that says, "We will vote your way." 8 It's not a consensus that says, "This is it and 9 do it my way." It's a consensus that says, "You 10 have an idea. I have an idea. I ran as a 11 Democrat. You ran as a Republican, but we came 12 up here to do the people's business. Why don't 13 we listen and talk to each other?" 14 Senator Bruno, I listened to you 15 when you talked to us but when we talk, you do 16 not listen, and the people suffer. 17 I thought it was interesting 18 earlier this year when you and Speaker Silver 19 made quite a to-do over opening up the books of 20 the Legislature. You didn't make that to-do and 21 walk over here and shake the hands of Rick 22 Dollinger and shake the hands of Franz Leichter 23 and say, "Guys, together with Suzi Oppenheimer 1122 1 and some others, you have been fighting for this 2 for years and you guys were right; we were wrong 3 and we're going to do it," but it was with a big 4 hoopla, "We're opening up the books," and I said 5 to myself, Sometimes -- sometimes this place is 6 even crazier than most of us know it is. You're 7 taking money from the taxpayers and go to hold a 8 press conference to say, "Thank you for your 9 money but after all of these years, we're 10 finally going to tell you what we do with it." 11 Fantastic! 12 Senator, I'm for budget reform. 13 We have been for budget reform for years, but do 14 me a favor. You are the Majority and right now 15 you've got 31 votes plus a couple or two or 16 three or whatever, and you control the house. 17 So if you want to put out your bill and do it, 18 do it, but don't make a speech that says you're 19 interested in listening to anyone because your 20 gentlemen and one lady listen to nobody. You 21 don't care what Assemblyman Silver says other 22 than you want to know so you can give some kind 23 of answer to it, not to reach a consensus, and 1123 1 you come out here and you talk about non 2 partisan, bipartisan, and those are nonsense 3 words. Your party doesn't know what that means 4 because the fact of the matter is that you come 5 out here and the minute it's on the floor, the 6 minute it's got somebody's name on it, that's 7 it. Well, I shouldn't exactly say that. If you 8 put out a Democratic bill and you want an 9 amendment, you'll hold that bill until that 10 amendment comes out, but your bills, my God, 11 what a bunch of geniuses. Whatever you put out 12 can't be amended, can't be improved in any way, 13 and then -- which is okay. If that's the way 14 you want to run it, run it, but don't add insult 15 to injury by claiming that you come to this 16 floor in good faith and in a bipartisan, 17 non-partisan effort to change the budget 18 process. 19 The hearings yesterday, we heard 20 from the tax commissioner. We heard from 21 Ambassador Commissioner Gargano, and one of the 22 things we pointed out was that in 1975, we 23 started with a personal income tax rate around 1124 1 16 percent, plus or minus, that by the time the 2 Carey years were over, we were down to about ten 3 percent. By the time the Cuomo years were over, 4 we're down to pretty much where we are now, and 5 that this big tax cut of last year when you take 6 a look at where we come from and where we are, 7 was really de minimus. 8 Having said all of that, of 9 course, I would like to remind you of 10 something. Who are you saving the taxpayers 11 from but yourselves, because there was a 12 Democratic -- excuse me -- a Republican Majority 13 in this house that brought the personal income 14 tax rates up to some 16 percent. You gentlemen 15 controlled every year since 1966. You 16 controlled and voted for and passed every 17 budget. As a matter of fact, in '66-67, you 18 even had a Republican Governor and you weren't 19 screaming for budget reforms. As a matter of 20 fact, with Governor Carey and with Governor 21 Cuomo, you weren't screaming for budget reforms, 22 and I don't remember seeing the Bruno bills for 23 constitutional amendments and the Bruno bills 1125 1 for laws to explain the constitutional 2 amendments. I don't remember seeing those, and 3 if they were there and you show them to me, I'll 4 say, "Senator, you're right. They were there," 5 but I don't remember. 6 I do remember a lot of criticism 7 in the last five, six, ten years coming from 8 your side of the aisle to a guy named Leichter 9 and people like Oppenheimer and Dollinger -- I 10 don't want to offend anybody on this side - 11 Stachowski, a lot of criticism from your side. 12 "We're wasting time with those proposals. We 13 won't adopt those proposals," until such time as 14 you put your own name on a piece of paper, and 15 then if there's anything else that can improve 16 it, you won't listen to that either. 17 So, Senator Bruno, I can't speak 18 for anybody else and maybe some people will vote 19 yes because, what the heck, some of these are 20 good and maybe it's an improvement. Some of 21 them are going to vote no. I'm going to vote no 22 because I just don't want to be part of this 23 nonsense, part of this sham. 1126 1 You want to change this system, 2 Senator Bruno, I'll shake hands with you, I'll 3 sit down with you, I'll work with you and 4 Senator Stafford who does a wonderful job, a 5 hard-working job. You people ought to really 6 appreciate what that man does sitting ten hours 7 a day listening to commissioners and the 8 public. He does a terrific job. I'll sit down 9 with Senator Stafford, Senator Connor, Senator 10 Paterson, be glad to sit down with you, Senator 11 Bruno and Senator Skelos. We'll sit down with 12 each other and say, "You know,we've got a 13 terrific deal here. Let's fix up the system," 14 but don't lecture me on non-partisan, bipartisan 15 and all of that junk and then cast party votes 16 without even a discussion, without even saying, 17 "Well, Senator Nanula, you're on the right 18 track. Would you take this little amendment and 19 then we'll do your amendment." You don't say to 20 Senator Paterson, "That's a terrific idea but, 21 you know, let's take a look. Maybe with 22 adjustments we could do the Majority plus one or 23 whatever." Nothing, because you don't want to 1127 1 hear. 2 You come here and you say, "I 3 want to hear Assemblyman Silver," and I asked 4 you point blank, "Do you want to hear from us 5 too?" "Of course, I want to hear," but you 6 don't hear and, Senator, there was something I 7 learned about in school called the looking glass 8 self, and I'm ready to respect you, Senator 9 Bruno, and I do respect you, but I'd like to get 10 that looking glass self-respect back again from 11 you, and when you come here with a piece of 12 legislation that is negotiated where we can have 13 an input into this process also and you will not 14 close your ears to all that is being said that 15 has merit, then we'll listen to your proposal. 16 ACTING PRESIDENT RATH: Senator 17 Abate. 18 SENATOR ABATE: Yes. I would 19 like to be heard on the bill. 20 What I believe is being offered 21 today are some modest changes and the changes 22 certainly do not go far enough, and if we're 23 actually going to look at substantive reform, we 1128 1 should look at reform that produces not only a 2 timely budget but a budget that each of us as 3 legislators know is in the budget, that we're 4 fully informed and that we could support a 5 process that we can go back to our constituents 6 and say, "We passed a bill -- we passed a 7 budget, that we understood the impact of that 8 budget. We understood the implications of that 9 budget, and we actually were informed about the 10 details of that budget." 11 I have a grim reminder of what 12 occurred last year, and maybe because I was a 13 newly-elected state Senator I was a little bit 14 naive, but I remember late at night receiving 15 the budget package, not knowing what was inside, 16 a stack of papers, maybe two or three feet deep, 17 and we were asked as elected officials to 18 represent our constituents even though we had no 19 knowledge as to the evolution of that budget. 20 We knew that the changes were made by the 21 leaders, but we as individual legislators had to 22 rely on hearsay because we did not have the 23 opportunity to read the document, to be 1129 1 informed, to have extensive conferences on that 2 document, and until I see real reform around 3 that issue so that I can stand here and go home 4 as a legislator and say to my constituents, "I 5 knew what I voted on. I was fully informed and 6 I took responsibility for my actions." 7 I was concerned last year and I 8 think that's going to happen this year. In 9 these Article VII bills are contained not just 10 budget proposals but bills that have dramatic 11 policy implications. Last year, in the middle 12 of the night, we passed a sentencing reform 13 bill, and we asked questions. It was 11:00 14 o'clock, 11:30 at night. We wanted to know what 15 the fiscal impact was on the sentencing reform 16 bills. We didn't have that information at 17 hand. 18 That's just one example why we 19 need to change this -- the budget process, so 20 that we have integrity, we have some knowledge 21 and each individual legislator is held 22 accountable for these actions. 23 So I cannot support this 1130 1 legislation. It does not go far enough. We 2 need to produce real reform and, until we do 3 that, this is cosmetic and it might produce a 4 timely budget. It might put some more pressure 5 -- because no one wants us to go to a budget 6 that is 90 percent of last year. That doesn't 7 produce any kind of real reform. 8 My concern is let's sit down if 9 we really want a bipartisan effort. Let's form 10 over a short period of time a conference 11 committee of Democrats and Republicans in this 12 chamber. Forget about the other chamber for the 13 moment. 14 Let's talk about some of these 15 issues and maybe some of the Democratic ideas 16 that also produce reform. Let's talk about this 17 issue. I call upon Senator Bruno to table this 18 bill, so we can have fuller discussion, so next 19 year we can say we've actually achieved reform, 20 not a Band-Aid solution that looks like reform, 21 and that we go back to our constituencies more 22 frustrated, less informed than the year before. 23 I hope this is an opportunity, 1131 1 not just to end the discussion, but that we can 2 really come together and produce a better 3 result, so 20 years from now we can look back on 4 this session, and say we did something that 5 changed the way we did business in Albany. 6 This is a business as usual bill. 7 It doesn't go far enough. I cannot support it. 8 ACTING PRESIDENT RATH: The clerk 9 will read the last section. 10 THE SECRETARY: Section 7. This 11 act shall take effect immediately. 12 ACTING PRESIDENT RATH: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 59 are Senators 17 Abate, Babbush, Connor, Dollinger, Gold, Kruger, 18 Leichter, Markowitz, Montgomery, Nanula, 19 Onorato, Paterson, Santiago, Smith and Waldon. 20 Ayes 41, nays 15. 21 ACTING PRESIDENT RATH: The bill 22 is passed. 23 The Clerk will read. 1132 1 THE SECRETARY: Calendar Number 2 58, by Senator Bruno, Senate Print 5597-A, 3 concurrent resolution of the Senate and Assembly 4 proposing amendments to Article III of the 5 Constitution. 6 SENATOR GOLD: Explanation, 7 please. 8 ACTING PRESIDENT RATH: An 9 explanation has been called for. 10 Senator Bruno. 11 SENATOR BRUNO: Madam President, 12 we have already talked about much of what is in 13 this constitutional amendment. This is a 14 resolution, a constitutional amendment different 15 from the legislation that we have just approved 16 in this house, and this sets forth the process 17 to improve the budget in a constitutional reform 18 method, and the obvious reason is so that once 19 this is in place, it would be difficult to 20 change by some future Legislature without 21 changing the Constitution, and it -- as I said 22 earlier, it represents a package. This is part 23 of the package. 1133 1 It moves the submission date by 2 the Governor to the Legislature of the budget to 3 December 1st from the January date that 4 presently exists. It consolidates the budget 5 appropriation bills to seven bills with ten 6 Article 7s as part of the implementing 7 legislation. It mandates that if we don't have 8 a budget in place by April 1st, then 90 percent 9 of the previous budget becomes the budget of the 10 state. It requires a two-thirds majority to 11 increase taxes over 50 million, two-thirds 12 majority. It requires that the consensus 13 forecasting be put in place, pretty much along 14 the lines that I outlined, that the process 15 start in December and conclude some time by the 16 middle of November. It eliminates the ability 17 of the Legislature to do emergency appropriation 18 bills which would be unnecessary if we have 19 already an austerity budget, and it extends the 20 amendment period by the Governor from 30 days to 21 45 days as part of the process. 22 Now, that is in the 23 constitutional amendment in a resolution form 1134 1 that is presently before us. This, coupled with 2 the bill that we passed, would represent the 3 budget reform package that we establish as 4 openers in the process of reforming the budget. 5 Madam President, I would just 6 like to comment that in some of the comments 7 made by my colleagues, while well-intentioned, 8 they are very, very disheartening because when 9 you talk about our speaking -- speaking 10 rhetorically, well-intentioned, politicizing the 11 process, not well-founded, Madam President, I 12 believe I didn't call for a party vote. For the 13 record, you called for a party vote on that part 14 of the aisle, and I referred to the criticism 15 that this was a party vote. We didn't ask for a 16 party vote; you asked for a party vote. 17 I also want to just, for the 18 record, establish that what we are debating 19 today has been on the floor of this Senate for 20 three weeks. So, Madam President, when we hear 21 the political rhetoric in this chamber that if 22 we wanted to be open, if we want to receive 23 comments, then we would listen to the amendments 1135 1 that surprise us today, conforming within 2 minutes of the requirements of this chamber, 3 surprising us rather than three weeks ago when 4 this legislation was on the floor, well 5 intentioned legislators would say "We have some 6 input. We have some amendments. We would like 7 to engage you in some conversation," as the 8 Speaker's Ways and Means Committee has done. 9 They reached out to engage us in discussion. 10 None of that in this house, Madam 11 President. The election by the Minority has 12 been to debate something that everyone 13 recognizes needs to be done totally, totally 14 politicizing in that we won't listen. Well, we 15 put this on the floor three weeks ago welcoming 16 any input. Hearing none, any normal, common 17 sense person would feel that there were no 18 amendments, no suggestions, no discussion. 19 So I really, Madam President, 20 think that we all ought to recognize here in 21 this chamber that politicizing this serves no 22 public purpose. It's not our intent. That's 23 why these bills and this resolution have been on 1136 1 the floor for three weeks, hoping that if you 2 want to engage, you would engage, rather than 3 get into a political debate as to who did what 4 to whom, who gets the credit. That is really 5 unfortunate. The process we're trying to change 6 is too important to the people of this state. 7 Now, is this the last word? No, 8 this is not the last word. Will there be 9 further debate and discussion? Certainly, and 10 we welcome that. The amendments that have been 11 proposed, had they been suggested or recommended 12 two weeks ago, ten days ago, a week ago, we 13 would have taken as part of the discussion to 14 the floor today, and again the Assembly has 15 reached out. We are talking with them, 16 listening to them, and I believe that we will 17 get a consensus with them and we will have a 18 resolution in a bill that will be back on this 19 bill. 20 What I say, I say with the best 21 of intentions, good nature, because I see the 22 Senate Minority Leader on his feet, and I can 23 only make the judgment that he now feels like we 1137 1 must be engaged, and I hope it is in a very 2 positive way. 3 Thank you. 4 ACTING PRESIDENT RATH: Senator 5 Paterson, why do you rise? 6 SENATOR PATERSON: Out of pride, 7 Madam President. 8 ACTING PRESIDENT RATH: Senator, 9 one of your colleagues had indicated a desire to 10 speak. Do you ask if the colleague on this side 11 will -- two, in fact. 12 SENATOR PATERSON: I wanted to 13 know if my colleague would allow me to ask 14 Senator Bruno to yield for a question. 15 ACTING PRESIDENT RATH: Senator 16 Oppenheimer, do you yield? 17 SENATOR OPPENHEIMER: Oh, I 18 didn't know I had the floor. Most certainly. 19 ACTING PRESIDENT RATH: Thank 20 you, Senator. 21 Senator Bruno. 22 SENATOR BRUNO: Yes, Madam 23 President. 1138 1 SENATOR PATERSON: Senator Bruno, 2 it was my interpretation that this is the 3 process in order to suggest some changes that we 4 wanted to make a record of so that the public 5 would know that we have some suggestions with 6 respect to the participation of Minority 7 parties, with respect to how we view the 8 austerity budget, with respect to a few other 9 amendments that we would like to -- to make to 10 this procedure, and we thought that this would 11 be an apt forum to raise them. 12 There has been an ongoing 13 discussion about a lot of these issues for a 14 number of years, and we appreciate the 15 legislation that was on the floor, as you said, 16 three weeks ago, and I don't see any partisan 17 nature to it other than the fact that we're 18 aligned with each other in some respect, based 19 on the substance of the legislation. 20 So, putting all of that aside, 21 we're just saying right now that we have some 22 amendments that we think would be helpful. This 23 is a democracy and if they're not helpful, we 1139 1 would vote them down, but one of the -- the 2 tremendous aspects of government and one that 3 certainly is embodied in this chamber is not 4 only the opportunity to disagree but to record 5 it, so that there is an opportunity for review 6 through the public, through the media who is 7 examining the process today. So I don't see any 8 partisan nature to any of this. 9 We have heard your offer for 10 greater participation when legislation comes 11 forward. We'll make use of your graciousness 12 and we'll contact you to talk about it, but we 13 saw this chamber, this proceeding today as an 14 opportunity to state our point of view for the 15 record. That's not a question. 16 ACTING PRESIDENT RATH: Did you 17 have a question, Senator Paterson? 18 SENATOR GOLD: Don't you think 19 so? 20 (Laughter) 21 ACTING PRESIDENT RATH: Senator 22 Oppenheimer. 23 SENATOR OPPENHEIMER: Well, in 1140 1 the same good humor, Senator Bruno, I would have 2 to say that we don't suffer from Alzheimer's 3 disease on this side of the aisle and we have 4 not seen overwhelming enthusiasm for suggestions 5 that we have made, but we do understand that you 6 are an open person and we do want to take you up 7 on your -- the opportunity you offered to make 8 suggestions prior to coming to the floor, and it 9 is something that I've often thought was handled 10 much better in the Assembly, where in the 11 Assembly there is a good deal more participation 12 in the drafting of legislation. 13 I do have two questions I would 14 like to ask Senator Bruno, if you would respond, 15 Senator Bruno, a -- Madam President. 16 SENATOR BRUNO: Yes. 17 ACTING PRESIDENT RATH: Senator 18 Bruno yields. 19 SENATOR BRUNO: Yes. 20 SENATOR OPPENHEIMER: Now, the 21 bill specifies the number of appropriation bills 22 which the Governor can submit, and why is there 23 a specific number that will go into this 1141 1 constitutional amendment? 2 SENATOR BRUNO: Well, Senator, in 3 the process for reform, you'll recollect that we 4 are, if we don't come to an agreement on a 5 budget by March 10th, calling for conference 6 committees to be established. The seven 7 appropriation bills relate to being able to 8 control the process for conference committees so 9 that you would have then seven conference 10 committees publicly debating the budget. This 11 past year we had 90-some total bills, and that 12 would have been an unwieldy process. Conference 13 committees would not work. So that's what we've 14 had in mind, consolidating the process, make it 15 more reasonable. 16 SENATOR OPPENHEIMER: That sounds 17 very realistic and having been on the only 18 conference committee that we ever had so far, I 19 think that's a welcome direction. 20 The other question I have 21 concerns an austerity budget rather than the 22 emergency appropriations which is being viewed, 23 I know by you, as very beneficial. However, I'm 1142 1 not sure that that will be -- if the Senator 2 will yield for another question. 3 ACTING PRESIDENT RATH: Senator, 4 will you yield? Yes. 5 SENATOR BRUNO: Madam Presi 6 dent - 7 ACTING PRESIDENT RATH: The 8 Senator yields. 9 SENATOR OPPENHEIMER: I'm not 10 certain that this will be an incentive to come 11 to an agreement because some people in this 12 chamber might very much welcome a budget that is 13 90 percent reduced, and I feel we might be -- we 14 would be penalizing the citizens of this state, 15 getting 90 percent where they expect 100 16 percent, and, in effect, the will of -- who 17 knows, maybe the Majority would welcome that 90 18 percent cut. What is your feeling? 19 SENATOR BRUNO: Senator, I can 20 understand how that might be, you know, a 21 thought process, but that's not the intent here, 22 I don't believe, of any of my colleagues. What 23 we are trying to avoid by putting a budget in 1143 1 place is some of what has gone on in the past. 2 When we are forced to pick and choose which 3 emergency appropriations we will pass and then 4 try to get them passed in both houses and by the 5 Governor, that gets very unwieldy, very 6 uncertain, jeopardizes a lot of the aid that 7 people expect, the revenue-sharing, school aid, 8 Medicaid payments, welfare payments, you name 9 it. The process, as we experience it now, just 10 doesn't seem fair to the public. 11 So the real intent of this is to 12 do away with all of that and put one vehicle in 13 place and that's a budget, and the 90 percent 14 really relates to an incentive to reconcile our 15 differences and go on to do a budget based on 16 the real world, revenues matching expenditures 17 for the current year, but that's the intent. 18 SENATOR OPPENHEIMER: If you 19 would yield to one more question. 20 ACTING PRESIDENT RATH: Senator 21 Bruno, will you yield? 22 SENATOR BRUNO: Yes. 23 SENATOR OPPENHEIMER: This 1144 1 prompts another question, and the question it 2 prompts is would this not be achieved with 3 saying that the appropriations in the new budget 4 would be 100 percent of the old budget? 5 SENATOR BRUNO: The problem with 6 that might be, Senator -- and again, I can 7 understand, that's a reasonable question, but if 8 the revenue of the state might be 95 percent of 9 what it was in the previous year, you would then 10 have an unconstitutional budget because it would 11 be unbalanced. 12 SENATOR OPPENHEIMER: Pardon me. 13 I did not mean to laugh. We have been living 14 with that for how many years? We have had a 15 structurally imbalanced budget now for about 16 maybe, what, 14 years? We are all managing to 17 live but - 18 SENATOR BRUNO: But, Senator, in 19 answering that question, the day we pass the 20 budget it's supposed to be structurally 21 balanced. The day after it might no longer be 22 balanced but, constitutionally, we pass a 23 balanced budget on the day that we act. 1145 1 SENATOR OPPENHEIMER: Thank you 2 very much, Senator. 3 ACTING PRESIDENT RATH: You wish 4 to speak on the bill, Senator Dollinger? 5 Senator Dollinger, do you - 6 SENATOR DOLLINGER: I'll waive my 7 spot on the floor to Senator Onorato. 8 ACTING PRESIDENT RATH: Your spot 9 to Senator Onorato. 10 Senator Onorato. 11 SENATOR ONORATO: Senator Bruno, 12 would you yield while the subject matter is 13 still fresh? 14 SENATOR BRUNO: Yes. 15 SENATOR ONORATO: I would like a 16 little bit of clarification on the appropriation 17 of 90 percent in the event that an agreement is 18 not reached. Is there a time frame as to how 19 long the 90 percent remains in effect? I mean, 20 is it hypothetically possible for the 90 percent 21 to remain in effect for the entire calendar year 22 or not? Is there any other time restraint to 23 bring forth a really -- a budget? 1146 1 SENATOR BRUNO: Until the new 2 budget is passed. If a new budget is not passed 3 for a full year, then you would have lived with 4 90 percent of the previous budget for that full 5 year. 6 SENATOR ONORATO: Thank you. 7 ACTING PRESIDENT RATH: Are there 8 any other questions? 9 Senator Dollinger. 10 SENATOR DOLLINGER: Madam 11 President, will the Majority Leader yield to a 12 couple of questions? 13 ACTING PRESIDENT RATH: Senator 14 Bruno, Senator Dollinger has requested that you 15 would yield to a couple of questions. Do you 16 yield, Senator Bruno? 17 SENATOR BRUNO: Yes, Madam 18 President. 19 ACTING PRESIDENT RATH: Yes. 20 SENATOR DOLLINGER: Just to 21 complete the point that Senator Onorato made 22 about the 90 percent requirements, so I 23 understand it, it would continue until the 1147 1 Legislature passes a budget and the budget is 2 signed by the Governor? 3 SENATOR BRUNO: Yes. It becomes 4 the new law of the land. If we don't have a 5 budget that becomes the law of the land, then 6 the austerity budget would be the budget in 7 place and operative. 8 SENATOR DOLLINGER: Well, my 9 question to you, Senator, is, doesn't that 10 intrude on the legislative prerogative if the 11 Governor of this state can veto a budget and 12 produce 90 percent less spending every single 13 year? Aren't we giving our power to control the 14 purse which we share with him over to him 15 exclusively? 16 SENATOR BRUNO: Well, Senator, I 17 would think that would be a matter of opinion. 18 My opinion would be that it doesn't in any way 19 affect the power of this Legislature to 20 negotiate a budget and put a budget in place and 21 go forward with that budget. 22 SENATOR DOLLINGER: But 23 theoretically -- again through you, Madam 1148 1 President. Theoretically, the Governor could 2 veto the budget and thwart the will of the 3 Majority of both houses of this Legislature to 4 control the financial plan of this state; isn't 5 that correct? 6 SENATOR BRUNO: The Governor can 7 only veto what we add -- line item veto what we 8 add. He can't veto the entire budget. 9 SENATOR DOLLINGER: Okay. I 10 guess I'll have to think about that a little bit 11 more. 12 One other question, Madam 13 President, if I could. I appreciate the 14 Majority Leader's openness to amendments and the 15 discussion, the dialogue, but in my brief tenure 16 in this chamber, I guess I'm struck by how that 17 seems to be absent, as a matter of fact, and I 18 know you have a much longer history in this 19 chamber than I but, just for the record, could 20 you tell me historically when the last time an 21 amendment to a bill was proposed in this chamber 22 and accepted and approved, or an amendment was 23 actually made in committee and approved and 1149 1 accepted on a bill? Maybe just tell me 2 historically when the last time that happened 3 was. 4 ACTING PRESIDENT RATH: Is that a 5 question to Senator Bruno? 6 SENATOR DOLLINGER: That is, 7 Madam President. 8 SENATOR BRUNO: Madam President, 9 if I understand the question correctly, when was 10 the last time that an amendment passed in this 11 house that was put on the floor while a bill was 12 on the floor? 13 SENATOR DOLLINGER: Yes, when a 14 bill was on the floor. 15 SENATOR BRUNO: I can't remember 16 if my lifetime, Senator. 17 SENATOR DOLLINGER: I guess - 18 Madam President. Was there any time in 19 committee, Senator, that you can remember having 20 a committee that an amendment proposed was 21 actually accepted and put on the bill in 22 committee? 23 SENATOR BRUNO: Madam President, 1150 1 I can't recollect specifically, but I'm told by 2 my colleagues who are very learned, and Senator 3 Smith is nodding her head yes, the answer to 4 that is yes, that happens quite frequently in 5 the history of this Senate. 6 SENATOR DOLLINGER: Okay. I 7 appreciate that, and that, I guess, adds to my 8 sense that maybe we're experiencing a breath of 9 fresh air here about changes in this chamber and 10 how it operates and maybe the notion that 11 amendments made on the floor would have the same 12 vitality as an amendment made in committee. 13 After all, some of us are not members of the 14 select committees that may deal with bills and 15 an idea may occur to us after the bill has come 16 out of committee and certainly it would seem to 17 me that the floor is the appropriate place to 18 make that. 19 I just note that I had a 20 discussion with Senator Leichter earlier today 21 and he talked about the phenomenon in 22 Massachusetts. They have what is called "the 23 can", which is a little box that they have at 1151 1 the front of their chamber in the Massachusetts 2 Senate in which any member can take an amendment 3 to any bill and go up and deposit it in the can 4 and ensure that there's a debate on that bill, 5 and it seems to me that that kind of amendment 6 process would produce a better product. 7 I hope that the openness that 8 we've talked about in amending bills will 9 continue because I know I, at least, have a 10 couple of amendments I would like to propose at 11 some point on this particular resolution. I'll 12 wait for my opportunity to do that, but I 13 welcome that sense that we are going to work 14 together to get a better product for the people 15 of this state. I think that's a good thing. 16 ACTING PRESIDENT RATH: Senator 17 Stachowski. 18 SENATOR STACHOWSKI: Madam 19 President, I rise to offer an amendment that I 20 believe is at the desk. 21 ACTING PRESIDENT RATH: Is there 22 an amendment at the desk? Yes, there is an 23 amendment at the desk. 1152 1 SENATOR STACHOWSKI: I would ask 2 that we waive - 3 ACTING PRESIDENT RATH: Senator 4 Bruno, why do you rise? 5 SENATOR BRUNO: Madam President, 6 I must object to the amendment that is being 7 presented. It's my understanding that there's a 8 resolution on the floor before us. 9 ACTING PRESIDENT RATH: That's 10 correct. 11 SENATOR BRUNO: And that a 12 resolution cannot be amended on the floor 13 without unanimous consent, and under these 14 circumstances that unanimous consent is not 15 granted. 16 ACTING PRESIDENT RATH: The 17 ruling of the Chair is that under Rule Number 18 VI, Section 9 (c) of the rules of the New York 19 State Senate, this amendment is out of order. 20 SENATOR GOLD: Madam President. 21 ACTING PRESIDENT RATH: Senator 22 Gold. 23 SENATOR GOLD: Might I just - 1153 1 I'm sorry, David. I yield to Senator Paterson. 2 ACTING PRESIDENT RATH: Senator 3 Paterson. 4 SENATOR PATERSON: Madam 5 President, I would like you to know and all of 6 the members to know that Senator Bruno is 100 7 percent right, because under Article VI, Section 8 9 -- you know, as a matter of fact, I knew that 9 and I -- I was going to actually hand it to him, 10 and I'm glad that the staff was able to tell him 11 that before I got over there because he is 12 absolutely right, and so what would be more - 13 procedure is we would like unanimous consent to 14 allow Senator Stachowski to offer his motion. 15 ACTING PRESIDENT RATH: Senator 16 Bruno has objected. 17 SENATOR PATERSON: Well, he 18 objected because he wanted us to know the rule. 19 Now that we know the rule, I'm asking for his 20 consent. 21 ACTING PRESIDENT RATH: Senator 22 Paterson, the rule is the amendment is out of 23 order. 1154 1 SENATOR BRUNO: With that under 2 standing - 3 ACTING PRESIDENT RATH: I'm 4 sorry. Senator Bruno. 5 SENATOR BRUNO: Madam President, 6 I believe that we made a statement, and I would 7 expect that the Chair might rule whether or not 8 anything is before us on the floor. 9 ACTING PRESIDENT RATH: Yes. 10 Senator Bruno, I ruled that the amendment was 11 out of order according to the rules of the New 12 York State Senate. 13 The amendment is out of order. 14 Senator Paterson. 15 SENATOR PATERSON: Madam 16 President, the amendment is out of order if we 17 don't receive unanimous consent. For you to 18 make the ruling, you have to acknowledge the 19 objection. The reason that I'm rising is 20 because this is something that -- we have a few 21 amendments here. They won't take long to 22 present. We could actually accomplish the same 23 thing by discussing the bill, but we want to use 1155 1 the amendment process so that all of the members 2 of the chamber can see how we would fashion the 3 bill. It's a procedure that's used very often 4 in this -- in this chamber and we wanted to do 5 it that way, and we're just asking for a little 6 cooperation. 7 At 3:00 o'clock today -- Senator 8 Bruno has commanded us all to be in this chamber 9 at 3:00 o'clock. At 3:00 o'clock, there were 10 only 18 members in the chamber. I gave consent 11 to allow the session to start on time, and there 12 are many times that we have given consent to 13 things that may have been a little bit around 14 the rules, but it's not the rule as much as the 15 policy and the spirit of the rule, and so I 16 would ask, Madam President, that you reconsider 17 your ruling based on whether or not there really 18 is an objection because after this, if I say so 19 myself, rather poignant discussion that I have 20 offered, I don't think there will be any 21 objection. 22 ACTING PRESIDENT RATH: Senator 23 Paterson, the rule is that the amendment is out 1156 1 of order and Senator Bruno has objected to that, 2 and barring some other rule that would be 3 developed over a long period of time, that is 4 how it is at this moment. Is there an objection 5 beyond - 6 SENATOR DOLLINGER: Madam 7 President, just a point of order. Can I find 8 out which rule it is? 9 ACTING PRESIDENT RATH: It's Rule 10 VI, Section 9 (c) of the rules of the New York 11 State Senate. 12 SENATOR DOLLINGER: Thank you. 13 SENATOR PATERSON: Madam 14 President, I'll accept the ruling of the Chair, 15 but I accept it with the understanding that I 16 was here the first day of session when the 17 Governor gave his State of the State message. 18 There was a spirit of cooperation in the air. 19 Both the Minority Leader and the Majority Leader 20 spoke about that cooperation. I don't see any 21 reason to have any contentiousness on an issue 22 that's just going to take a few minutes to offer 23 some amendments. It's not something that's out 1157 1 of -- it may be out of order according to the 2 rules, but it's something that's really just an 3 opportunity to allow for some of the Senators 4 who have prepared amendments, who have ideas, to 5 express them, and if that's going to be the 6 ruling, Madam Chair, then I will take that under 7 advisement and leave it at that. 8 ACTING PRESIDENT RATH: Senator 9 Paterson, the ruling is that - 10 SENATOR BRUNO: Madam 11 President - 12 ACTING PRESIDENT RATH: Senator 13 Bruno, yes. 14 SENATOR BRUNO: -- may I be 15 recognized? I am moved by the arguments of 16 Senator Paterson. He is so convincing in his 17 deliberation, in his enunciation and his 18 elocution, that I believe that we would grant at 19 this time unanimous consent, and I would like to 20 state that publicly and for the record so that 21 we can move the process forward, hear these 22 very, very worthwhile amendments to this 23 resolution that is before us, and we do that in 1158 1 all good humor and good nature in reference to 2 the attitude that Senator Paterson continually 3 demonstrates by being in this chamber, being on 4 time, deliberating as he does, unlike some of 5 his colleagues. 6 So, thank you, Mr. President. 7 ACTING PRESIDENT RATH: Senator 8 Stachowski, your amendment is before this 9 house. 10 SENATOR STACHOWSKI: I move that 11 we waive the reading of the amendment and I'll 12 explain it, and I would like to thank Senator 13 Bruno for withdrawing his objection because I 14 was really starting to get hurt by him, because 15 it was bad enough this summer when he gave me 16 some losing horses this summer, but then to 17 object to my amendment which is probably the 18 second one I've ever done here in 14 years, I 19 was just flabbergasted. 20 But anyway, to get on with the 21 amendment, it amends a section on page 2, in 22 line 9 that would add it to the part that calls 23 for a super Majority vote. Any actions that we 1159 1 would do here that would require -- result in 2 local governments having to raise their property 3 taxes in order to maintain the local services at 4 their current level -- and the reason I want to 5 do this amendment is because the biggest 6 complaint by businesses is that people in the 7 state of New York and people that talk about why 8 they don't want to put their business in or why 9 they want to move their business out is that New 10 York State is so highly taxed, and the fact of 11 the matter is that the state taxes are only 22nd 12 in the nation, but the real property tax is the 13 highest by a lot in the entire United States; 14 and so that if we do an amendment that changes 15 the process and leave out an area where we could 16 have an effect on the constantly rising real 17 property taxes, then I don't think we're really 18 doing a good job here. We miss an opportunity. 19 The fact is that it's a burden to 20 all the businesses. It's a terrible burden to 21 the people that live there. It's an extreme 22 burden to the senior citizens, and I just think 23 this this amendment makes sense. It would be an 1160 1 opportunity that we shouldn't risk missing, and 2 so with that, I move the amendment. 3 ACTING PRESIDENT RATH: The 4 question is on the amendment. All in favor 5 aye. 6 (Response of "Aye".) 7 Opposed? 8 There's been a -- is there a 9 request for a party vote from the Minority? 10 SENATOR PATERSON: Yes, Madam 11 President. 12 ACTING PRESIDENT RATH: There is 13 a request for a party vote from the Minority. 14 SENATOR GOLD: Senator Paterson. 15 ACTING PRESIDENT RATH: Senator 16 Paterson. 17 SENATOR PATERSON: Madam 18 President, I want to withdraw the party vote. 19 ACTING PRESIDENT RATH: The 20 request has been to withdraw the party vote. 21 All those in favor. 22 (Response of "Aye".) 23 Opposed? 1161 1 (Response of "Nay".) 2 The amendment is defeated. 3 SENATOR PATERSON: No. 4 ACTING PRESIDENT RATH: Senator 5 Paterson. 6 SENATOR PATERSON: I'm sure we 7 won that amendment. 8 ACTING PRESIDENT RATH: Senator 9 Paterson, why do you rise? 10 SENATOR PATERSON: I'm pushing my 11 luck, Madam President. 12 (Laughter.) 13 ACTING PRESIDENT RATH: Senator 14 Dollinger. 15 SENATOR DOLLINGER: Madam 16 President, I have also an amendment at the 17 desk. I'll be very brief on it. I'd waive its 18 reading and ask that I be heard on it. 19 ACTING PRESIDENT RATH: Senator 20 Dollinger on the amendment. Senator Dollinger 21 on the amendment. 22 SENATOR DOLLINGER: On the 23 amendment. This is a simple amendment. This 1162 1 is - 2 SENATOR VELELLA: Does this one 3 also require unanimous consent? 4 SENATOR GOLD: It does. 5 SENATOR VELELLA: Can I have a 6 second to think about that? Okay. 7 ACTING PRESIDENT RATH: Thank you 8 for the wisdom, Senator Velella. 9 Senator Dollinger. 10 SENATOR DOLLINGER: Senator 11 Velella and I have met on the amendment battle 12 field before. I will be very brief. 13 ACTING PRESIDENT RATH: One 14 moment, Senator Dollinger. 15 Senator Skelos, why do you rise? 16 SENATOR SKELOS: We're granting 17 unanimous consent on this amendment, but just to 18 remind the members, this unanimous consent is to 19 amend the resolution that amends the 20 Constitution, not a normal type resolution. 21 ACTING PRESIDENT RATH: Thank 22 you, Senator Skelos. Yes, that's a good 23 reminder. 1163 1 On the amendment. 2 SENATOR DOLLINGER: On the 3 amendment. This is -- Senator Skelos, the 4 Deputy Majority Leader is absolutely correct. 5 This is an amendment to the resolution to change 6 the proposed constitutional amendment that would 7 require approval by this house on two 8 consecutive sessions in order to be put on the 9 ballot in 1997. 10 My amendment is very simple. It 11 has an ally downstairs on the second floor. 12 Governor Pataki sent an Article 7 bill to this 13 house in his budget in which he asked that the 14 Legislature enact a balanced budget. The 15 current Constitution simply -- and the proposal 16 in this amendment is simply that there be a 17 balanced budget sent by the Governor to the 18 Legislature. 19 There is no command in the 20 Constitution that requires the Legislature to 21 balance the budget and make sure that its 22 revenues and its expenses are balanced. This 23 amendment would do that. It would create a 1164 1 balanced budget. It would require the 2 Legislature to pass a budget that is fully in 3 balance. I believe it would bring the kind of 4 fiscal discipline that the Majority Leader has 5 talked about. The Temporary President has 6 talked about it. This would be the final 7 touch. It would make sure that there's a 8 balanced budget that is passed by this 9 Legislature. 10 I strongly urge its adoption. 11 ACTING PRESIDENT RATH: The 12 question is on the amendment. All those in 13 favor, aye. 14 (Response of "Aye".) 15 Opposed? 16 (Response of "Nay".) 17 SENATOR PATERSON: Party vote, 18 Madam President. 19 ACTING PRESIDENT RATH: It's been 20 defeated. 21 Senator Paterson, why do you 22 rise? 23 SENATOR PATERSON: We're 1165 1 requesting a party vote on this. 2 ACTING PRESIDENT RATH: There has 3 been a request for a party vote. 4 SENATOR BRUNO: Party vote in the 5 negative. 6 ACTING PRESIDENT RATH: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 20, nays 36, 10 party vote in the negative. 11 ACTING PRESIDENT RATH: The 12 amendment is defeated. 13 SENATOR GOLD: Madam President. 14 ACTING PRESIDENT RATH: Senator 15 Gold. 16 SENATOR GOLD: I would ask 17 unanimous consent of everyone, including Senator 18 Velella -- yeah, I don't want you to think about 19 it -- to offer an amendment and waive its 20 reading and ask for a moment to explain it. 21 ACTING PRESIDENT RATH: Senator 22 Gold on the amendment. Unanimous consent has 23 been agreed to. 1166 1 SENATOR GOLD: Madam President, 2 the amendment that I'm offering would take out 3 of the bill the ban on continuing resolutions, 4 and I would make just a couple of quick comments 5 in response to Senator Bruno before I get into 6 this. 7 Firstly, you know, in terms of 8 the suggestion of a 90 percent -- I'm sorry - 9 continuing resolution, I want the Majority in 10 this house to understand that you are voting for 11 continuation of 90 percent funding of unworthy 12 programs. Just think about what I said. You're 13 looking at it like you think you're going to cut 14 90 -- 10 percent or you're going to make cuts in 15 programs that you think we like, but there are 16 programs that you don't like and want to get rid 17 of, and you're going to vote to continue the 18 funding of those programs 90 percent when they 19 probably should be taken out of a budget. 20 At any rate, my amendment talks 21 about these continuing resolutions, and if there 22 ever was a situation that showed the folly of 23 that kind of a proposal, it's what just went on 1167 1 in Washington. 2 Now, there's a group that 3 everybody refers to these Republican freshman 4 that are all full of this and vinegar and 5 whatever, and they managed to convince some of 6 their colleagues that there shouldn't be a 7 continuing resolution, and lo and behold, what 8 happened? We had chaos in this country and 9 apparently the Republican Party took some polls 10 and found out that it was blowing up in your 11 face, and so they had to get those rather 12 obstreperous young men and women to change their 13 tune and, of course, now they understand what 14 must be done. 15 Now, I will tell you I respect 16 Senator Nanula but I absolutely disagree with 17 him on this payroll business and taking the 18 money. I came up here to work and my 19 constituents said to me, "Manny, you keep 20 fighting the budget until it's a good budget, 21 and that's what I'm paying you for," and I took 22 the money and I always will because I worked 23 very hard for it, but the point is that no 1168 1 matter how hard I work and Senator Stafford 2 works -- Senator Stafford, I hope likes me. I 3 certainly like him, but sometimes we don't 4 agree, so you talk and you work, and you work it 5 out, but the concept that while we're trying to 6 work it out, the state should go kaflooey, is 7 ridiculous. 8 Now Senator Bruno says, Well, you 9 don't need that if you got a 90 percent 10 austerity budget, and I'm telling that you 90 11 percent is ridiculous. You don't fund things 12 aren't worth it; you end them, and the concept 13 of a continuing resolution, in my opinion, is 14 one way of wreaking havoc in this state and I 15 would suggest we drop that from the bill. 16 ACTING PRESIDENT RATH: The vote 17 is on -- vote is on the amendment. All those in 18 favor, aye. 19 SENATOR PATERSON: Party vote in 20 the affirmative. 21 SENATOR BRUNO: Party vote in the 22 negative. 23 ACTING PRESIDENT RATH: Party 1169 1 vote. Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 20, nays 36, 4 party vote in the negative. 5 ACTING PRESIDENT RATH: The 6 amendment has been defeated. 7 Senator Dollinger. 8 SENATOR DOLLINGER: Madam 9 President, I ask unanimous consent to place an 10 amendment before the house, ask to waive its 11 reading and give me a brief opportunity to 12 explain it. 13 SENATOR RATH: No objection. 14 SENATOR DOLLINGER: This too is a 15 simple amendment. It is an amendment that 16 incorporates a principle that I have fought for 17 and some of them voted against last year, the 18 so-called debt reform package, and in fact 19 during the campaign and in November I campaigned 20 against the debt reform because I don't believe 21 that the passage of these acts and as it was 22 presented to the voters, adequately represented 23 the kinds of controls on excessive public debt 1170 1 that we need in this state. 2 This amendment is very simple. 3 It bans that back-door borrowing. I would point 4 out that, if this amendment were passed into law 5 by this Legislature and put into effect by the 6 voters, $3.1 billion of new debt that we're 7 going to incur this year without voter approval 8 would not be a part of this budget. 9 It seems to me it's time we stood 10 up and said we're going to ban back-door 11 borrowing. We're really going to ban it. This 12 budget would allow it only in very isolated 13 emergency cases and we would begin to retreat 14 from the kind of fiscal excess which everyone in 15 this house has stood up and criticized in the 16 time that I've been in it. 17 This budget amendment will do 18 something about banning the kind of borrowing 19 that we should not be engaged in and which all 20 of us admit threatens the fiscal stability of 21 this state. 22 I urge the adoption of this 23 amendment. 1171 1 ACTING PRESIDENT RATH: The vote 2 is on the amendment. All those in favor aye. 3 (Response of "Aye.") 4 Opposed? 5 (Response of "Nay.") 6 The amendment has been defeated. 7 Call the roll. This is a Constitutional 8 Amendment resolution. Please call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 56. 11 SENATOR GOLD: I'd like to 12 explain my vote. 13 ACTING PRESIDENT RATH: Senator 14 Gold to explain his vote. 15 SENATOR GOLD: Yes, Madam 16 President. 17 It's clear that, whether this has 18 been on the floor for three weeks, whether it 19 went out of Finance to Rules, no matter whatever 20 happened, that this can't possibly take effect 21 under the best of circumstances until after the 22 election of November '97. In order to do that, 23 we obviously would have to pass this by the end 1172 1 of this session. 2 But this doesn't deal with this 3 year's budget. This deals with a process and 4 part of the process ought to be negotiation and 5 there's no reason why today we have to pass a 6 Republican closed ear/closed eye version of what 7 reform ought to be. 8 I think that the suggestions made 9 by Senator Stachowski, Senator Dollinger and by 10 others are worthy. I think Senator Paterson - 11 Padavan hit it -- Paterson, I'm sorry, hit it 12 right on the head when he said this is the forum 13 for handling amendments. We don't have to have 14 a bill on the floor and then go grovel to 15 Senator Bruno or anybody else to consider it and 16 hope that, if we're quiet enough in our 17 suggestion, it will take effect and they'll hold 18 a press conference. 19 I assume that, when they voted 20 against the proposal today, they did it proudly 21 hoping the public would know where they stand, 22 or am I wrong? 23 At any rate, Madam President, 1173 1 this is the forum. We did it properly and 2 there's enough time to negotiate a proper bill 3 whether it be with Assemblyman Silver or the 4 Minority in this house or the Minority in the 5 other house. 6 This proposal as it is is 7 terrible. Is it in every word terrible? No. Is 8 every word terrible? No. But when you put it 9 all together you've got mush. I vote no. 10 SENATOR STACHOWSKI: Explain my 11 vote. 12 Madam President, I rise to 13 explain my vote. Although there's some good 14 ideas in here, I think there's some problems and 15 by the Majority Leader's own words the Assembly 16 has reached out to discuss the issue. That 17 leads me to believe that there's obviously going 18 to be some changes before the the final version 19 of this, the version that will go on to the next 20 Legislature, being done, so I don't see a reason 21 to support a bill that I know is flawed. 22 I have a fear about limiting it 23 to a number as low as ten on budget bills 1174 1 because I don't want to see a lot of budget 2 bills that combine things like Quick Pick and 3 tax cuts like last year when a lot of people who 4 may not have supported Quick Pick ended up 5 voting for it because they supported tax cuts, 6 so that kind of fear, and maybe the kinds of 7 exotic combinations with the limited number of 8 budget bills is another area where I find a 9 problem. 10 So that I think, since it is, 11 from the Majority side's own comments, there is 12 going to be negotiation with the Assembly and 13 there's going to be changes, I don't see the 14 rush to do this bill, and for that reason I 15 can't support it. 16 I vote no. 17 ACTING PRESIDENT RATH: Announce 18 the results. 19 Are you on your feet, Senator 20 Skelos, to speak? Senator Skelos, are you on 21 your feet - 22 SENATOR SKELOS: No, no, I'm just 23 waiting. 1175 1 ACTING PRESIDENT RATH: Senator 2 Mendez. 3 SENATOR MENDEZ: Madam President, 4 I rise in support of this bill. I do know very 5 well that this is not going to be the final 6 product. I do know very well that negotiations 7 will have to keep on proceeding with the 8 Assembly so that finally we will be able to get 9 our -- to get done with the horrible budget 10 problem under which we have been functioning at 11 least throughout the entire 18 years in which I 12 have been so fortunate to serve here. 13 I absolutely -- I have reached 14 the point that I say anything but what we have 15 would be -- because what we have is truly a 16 disservice to all the constituents of both 17 Republicans and Democrats, so I vote aye. 18 ACTING PRESIDENT RATH: The clerk 19 will announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 58 are Senators 22 Abate, Babbush, Connor, Gold, Kruger, Leichter, 23 Markowitz, Montgomery, Nanula, Onorato, 1176 1 Paterson, Santiago, Smith, Stachowski and 2 Waldon. Ayes 41, nays 15. 3 ACTING PRESIDENT RATH: The 4 resolution is adopted. 5 Senator Skelos. 6 SENATOR STACHOWSKI: Madam 7 President. 8 ACTING PRESIDENT RATH: Senator 9 Stachowski. 10 SENATOR STACHOWSKI: Madam 11 President, may I have unanimous consent to be 12 recorded in the negative on Calendar 59? 13 SENATOR SKELOS: No objection. 14 ACTING PRESIDENT RATH: Without 15 objection. Thank you. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 is there any further housekeeping at the desk? 19 ACTING PRESIDENT RATH: There is 20 no housekeeping at the desk. 21 SENATOR SKELOS: Then I move the 22 Senate stand adjourned until Wednesday, February 23 7th at 11:00 a.m. sharp. 1177 1 ACTING PRESIDENT RATH: Without 2 objection, the Senate stands adjourned until 3 Wednesday, February 7th, at 11:00 a.m., sharp. 4 (Whereupon at 5:46 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23