Wednesday, April 9, 1997

2684 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 9, 1997 10 10:10 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 2685 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, the staff to find their 5 places. Ask everybody in the chamber to rise 6 and join we in saying the Pledge of Allegiance 7 to the Flag. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 In the absence of clergy, may we 11 bow our heads in a moment of silence. 12 (A moment of silence was 13 observed.) 14 The reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, April 8th. The Senate met pursuant to 17 adjournment. The Journal of Monday, April 7th, 18 was read and approved. On motion, the Senate 19 adjourned. 20 ACTING PRESIDENT KUHL: Hearing 21 no objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor. 2686 1 Reports of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Marchi, 4 from the Committee on Corporations, Authorities 5 and Commissions, offers up the following bills: 6 Senate Print 3646, by Senator 7 Leibell, an act to amend the Public Authorities 8 Law; 9 3674, by Senator Leibell, an act 10 to amend the Public Authorities Law, in relation 11 to the powers of the state of New York Mortgage 12 Agency; 13 3731, by Senator Leibell, an act 14 to amend Chapter 915 of the Laws of 1982. 15 All bills directly for third 16 reading. 17 ACTING PRESIDENT KUHL: Hearing 18 no objection, the bills are ordered directly to 19 third reading. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 We have a couple substitutions, 25 Senator Skelos. 2687 1 I'll ask the Secretary to read. 2 THE SECRETARY: Senator Lack 3 moves to discharge from the Committee on 4 Judiciary Assembly Bill Number 6487 and 5 substitute it for the identical Senate Bill 6 3581. 7 Senator Skelos moves to discharge 8 from the Committee on Education Assembly Bill 9 Number 339 and substitute it for the identical 10 Senate Bill 3209. 11 ACTING PRESIDENT KUHL: The 12 substitutions are ordered. 13 Senator Skelos, that brings us to 14 the calendar. 15 SENATOR SKELOS: Mr. President, 16 just for planning purposes, there will be a 17 meeting of the Higher Education Committee at 18 10:30 in the Majority Conference Room. 19 If we could take up the 20 controversial -- non-controversial calendar at 21 this time. 22 Mr. President, if we could just 23 stand at ease for a minute while we admire your 24 tie. 25 ACTING PRESIDENT KUHL: Thank 2688 1 you, Senator Skelos. 2 (Whereupon, the Senate stood at 3 ease.) 4 SENATOR SKELOS: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Skelos. 7 SENATOR SKELOS: Take up the 8 non-controversial calendar. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the non-controversial 11 calendar. 12 THE SECRETARY: Calendar Number 13 307, by Senator Johnson, Senate Print 2584-A, an 14 act to amend the Family Court Act and the 15 Vehicle and Traffic Law, in relation to 16 suspension of eligibility for a license. 17 SENATOR SMITH: Lay it aside, 18 please. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside at the request of Senator Smith. 21 THE SECRETARY: Calendar Number 22 314, by Senator Meier, Senate Print 2573, an act 23 to amend the Education Law and the Public Health 24 Law, in relation to the licenses of members of 25 the United States Armed Forces. 2689 1 SENATOR PATERSON: Lay it aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 354, by Senator Skelos, Senate Print 2484-A, an 6 act authorizing the assessor of the county of 7 Nassau to accept an application for exemption 8 from real property taxes. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 33. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 411, by Senator Bruno - 21 SENATOR GOLD: Lay it aside. 22 THE SECRETARY: -- Senate Print 23 2-A, an act to amend the Tax Law and the Public 24 Service Law, in relation to a reduction in the 25 rate of tax. 2690 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside at the request of Senator Gold. 3 THE SECRETARY: Calendar Number 4 414, by Senator Padavan, Senate Print 3083, an 5 act to amend the State Finance Law, in relation 6 to contracts for architectural and engineering 7 services. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 60th day. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 34. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 423, by Senator Levy, Senate Print 1344, an act 20 to amend the Vehicle and Traffic Law, in 21 relation to a requirement to mandate full 22 resident addresses. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 2. This 2691 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 34. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 433, by Senator LaValle, Senate Print 3140, an 10 act to amend the Town Law, in relation to the 11 powers and duties of fire district 12 commissioners. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 34. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 483, by Senator Wright, Senate Print 3672, an 25 act to amend the Public Authorities Law, in 2692 1 relation to allowing the town of Minetto to 2 contract. 3 ACTING PRESIDENT KUHL: There is 4 a home rule message at the desk. The Secretary 5 will lay the bill aside. 6 THE SECRETARY: Calendar Number 7 491, by Senator DeFrancisco, Senate Print 479-A, 8 an act to amend the Public Health Law, in 9 relation to the establishment or incorporation 10 of hospitals. 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 Senator Skelos, that completes 15 the reading of the non-controversial calendar. 16 SENATOR SKELOS: Mr. President, 17 if we could take up the controversial calendar 18 at this time. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the controversial calendar, 21 beginning with Calendar Number 307 on page 10. 22 THE SECRETARY: Calendar Number 23 307, by Senator Johnson, Senate Print 2584-A, an 24 act to amend the Family Court Act and the 25 Vehicle and Traffic Law, in relation to 2693 1 suspension of eligibility for a license. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect in 120 days. 6 SENATOR SMITH: I wanted an 7 explanation. 8 ACTING PRESIDENT KUHL: Senator 9 Johnson, Senator Smith has asked for an 10 explanation of Calendar Number 307. 11 SENATOR JOHNSON: Mr. President, 12 this bill addresses a gap in the law in which 13 there's really no penalty for a youngster under 14 16 caught driving without a license. He's - 15 cannot be charged as an adult - 16 SENATOR GOLD: Madam President - 17 Madam President - 18 SENATOR JOHNSON: Now that we got 19 that straightened out -- and there's nothing 20 more important to youngsters than being able to 21 drive an automobile, it seems, and this says if 22 you're under 16 and you're caught driving 23 without a license, you will have a penalty and 24 that penalty will be that you cannot get a 25 license until 18 or age 21 as determined by a 2694 1 court. 2 I think it's -- it adds an 3 additional, shall I say penalty and negative to 4 the driving without a license. We don't want 5 them on the road. We want them to know they 6 will not get a license until 18 or 21 because 7 they've taken a car illegally when they were not 8 licensed. 9 ACTING PRESIDENT KUHL: Senator 10 Smith. 11 SENATOR SMITH: Mr. President, 12 would the sponsor yield to a question? 13 ACTING PRESIDENT KUHL: Senator 14 Johnson, do you yield to a question? 15 SENATOR JOHNSON: Yes, Mr. 16 President. 17 ACTING PRESIDENT KUHL: The 18 Senator yields. 19 SENATOR SMITH: Through you, Mr. 20 President. Does that mean that the person that 21 is 16 years or younger would be committing a 22 crime other than driving without a license, or 23 is it solely based on just driving without a 24 license? 25 SENATOR JOHNSON: No. The only 2695 1 thing they have is a violation of driving 2 without a license. There wouldn't be any other 3 penalty other than not having this - 4 SENATOR SMITH: So they wouldn't 5 be inebriated or anything else. 6 SENATOR JOHNSON: Well, if they 7 were, I suppose it's another story and then that 8 would be handled by a juvenile court. 9 SENATOR SMITH: Thank you, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Any other 12 Senator wishing to speak on the bill? 13 (There was no response.) 14 Hearing none, the Secretary will 15 read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect in 120 days. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT KUHL: Record 22 the negatives and announce the results. 23 THE SECRETARY: Ayes 37, nays 1, 24 Senator Smith recorded in the negative. 25 ACTING PRESIDENT KUHL: The bill 2696 1 is passed. 2 THE SECRETARY: Calendar Number 3 314, by Senator Meier, Senate Print 2573, an act 4 to amend the Education Law and the Public Health 5 Law, in relation to the licensing of members of 6 the United States Armed Forces. 7 SENATOR PATERSON: Explanation. 8 ACTING PRESIDENT KUHL: Senator 9 Meier, an explanation of Calendar Number 314 has 10 been requested. 11 SENATOR MEIER: Mr. President, 12 this bill would permit the transfer of military 13 course work and military experience and permit 14 its consideration by the Department of Education 15 for licensing certain health care 16 professionals. The bill specifically covers 17 respiratory therapy, occupational therapy and 18 physical therapy. 19 It would also, in connection with 20 some other certified health professionals, 21 direct the New York State Emergency Medical 22 Service Council to give consideration in 23 certifying emergency medical technicians and 24 advanced EMTs to give consideration to 25 equivalent military training. 2697 1 While it permits the Department 2 of Education in the area of licensing these 3 therapists, occupational, respiratory and 4 physical, it permits them to consider the 5 military training. It still preserves the right 6 of the Department of Education to maintain 7 standards by requiring that the course work or 8 the actual experiential of that person's work 9 would have to meet Department of Education 10 standards. 11 ACTING PRESIDENT KUHL: Senator 12 Paterson. 13 SENATOR PATERSON: Thank you, Mr. 14 President. 15 That was an excellent explanation 16 and now I have learned the proper use for the 17 word "experiential". It's the first piece of 18 legislation we've noticed that was introduced by 19 our new Senator and colleague, Senator Meier, 20 and it's, I think, hopefully the prelude to 21 other pieces of legislation coming out of that 22 office which will improve the quality of life in 23 this state. 24 We want to recognize this bill 25 and congratulate him. I'll probably cross the 2698 1 international datelines before one of my bills 2 gets to the floor, but we are very happy that he 3 introduced it and wanted to give him a chance to 4 explain it. 5 ACTING PRESIDENT KUHL: Senator 6 Dollinger. 7 SENATOR DOLLINGER: One question, 8 if the sponsor would yield. 9 ACTING PRESIDENT KUHL: Senator 10 Meier, do you yield to a question from Senator 11 Dollinger? The Senator yields. 12 SENATOR DOLLINGER: Does this in 13 any way waive the testing requirement for these 14 professions, or does this simply allow them to 15 take credit for their experience in the United 16 States military as far as the experience portion 17 of the requirement in order to take the test? 18 SENATOR MEIER: Mr. President, 19 the bill merely permits the Department of 20 Education to accept the classroom training and 21 the experience portion. It does not in any 22 other way waive or delete any requirements for 23 licensure. So it preserves the standards but 24 permits consideration of military experience and 25 training. 2699 1 SENATOR DOLLINGER: Very good, 2 Mr. President. 3 I concur with the sentiments of 4 Senator Paterson. 5 ACTING PRESIDENT KUHL: Senator 6 Meier. 7 SENATOR MEIER: Mr. President, I 8 would just note to my colleague, Senator 9 Paterson, that this is my first time and I thank 10 you for being gentle. 11 ACTING PRESIDENT KUHL: Is there 12 any other Senator wishing to speak on the bill? 13 (There was no response.) 14 Hearing none, the Secretary will 15 read the last section. 16 THE SECRETARY: Section 9. This 17 act shall take effect on the 120th day. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 42. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 (Applause) 25 Senator Skelos. 2700 1 SENATOR SKELOS: Mr. President, 2 could you please take up Calendar Number 483 at 3 this time. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the title to Calendar Number 6 483. 7 THE SECRETARY: Calendar Number 8 483, by Senator Wright, Senate Print 3672, an 9 act to amend the Public Authorities Law, in 10 relation to allowing the town of Minetto to 11 contract. 12 ACTING PRESIDENT KUHL: There is 13 a home rule message at the desk. 14 The Secretary will read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 42. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 Senator Skelos, you want to 25 continue with Calendar Number 491? 2701 1 SENATOR SKELOS: Yes, Mr. 2 President. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the title to Calendar Number 5 491. 6 THE SECRETARY: Calendar Number 7 491, by Senator DeFrancisco, Senate Print 479-A, 8 an act to amend the Public Health Law, in 9 relation to the establishment or incorporation 10 of hospitals. 11 SENATOR PATERSON: Explanation. 12 ACTING PRESIDENT KUHL: Senator 13 DeFrancisco, an explanation of Calendar Number 14 491, Senate Print 479-A, has been requested by 15 the Acting Minority Leader, Senator Paterson. 16 SENATOR DeFRANCISCO: Yes. This 17 bill is a bill that would provide the same 18 ability that all corporations under our Limited 19 Liability Law presently enjoy and that would be 20 extended to the hospitals and nursing homes, and 21 it's basically a bill that just provides for 22 this tax benefit that other corporations 23 currently have and it does not in any way raise 24 the possibility of out of state corporations 25 coming here and becoming -- buying up 2702 1 corporations and having an out of state 2 corporation having subsidiaries in this state, 3 although that was one of the memos in 4 opposition. It doesn't do that at all and it 5 just simply provides the same tax benefits that 6 others have with limited liability companies. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Thank you, Mr. 10 President. 11 Mr. President, this isn't Senator 12 DeFrancisco's first bill, is it? Well, then 13 let's get started. 14 If Senator DeFrancisco would 15 yield for a question. 16 ACTING PRESIDENT KUHL: Senator 17 DeFrancisco, do you yield to a question from 18 Senator Paterson? 19 SENATOR DeFRANCISCO: Yes, I do. 20 ACTING PRESIDENT KUHL: The 21 Senator yields anxiously. 22 SENATOR PATERSON: Senator, there 23 are a couple of memorandums in opposition to 24 this piece of legislation, one from District 25 Council 37 and one from the Civil Service 2703 1 Employees Association and there's a concern that 2 I thought you might want to address that limited 3 liability companies would be coming in and 4 operating for-profit corporations in the 5 management of hospitals and, therefore, taking 6 advantage of the tax benefit. Now, I'm not 7 really clear on whether or not that is the case, 8 and I thought perhaps you might want to share 9 with us what your understanding is. 10 SENATOR DeFRANCISCO: That is - 11 what I had mentioned briefly when I was trying 12 to explain the bill, that is not the case and I 13 point to page 5 of the bill and lines 20 to 23, 14 it says "No hospitals shall be approved for 15 establishment which would be operated by a 16 corporation, any of the stock of which is owned 17 by another corporation or a limited liability 18 company, if any of its corporate member's stock 19 is owned by another corporation." In other 20 words, that is not the intent at all. It does 21 not allow for that. The bill doesn't allow for 22 that at all. 23 Similarly, there's a comment in 24 one of the memos in opposition that this would 25 establish for-profit hospitals, and that's 2704 1 already permitted under state law under Section 2 2801-A of the Public Health Law. So I think 3 what -- the concern wasn't that this would 4 establish for-profit hospitals or for-profit 5 nursing homes because it's already authorized 6 under that law but that this would be some major 7 corporation buying up all hospitals in our 8 community and that is not permitted under the 9 law. 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger. 12 SENATOR DOLLINGER: Mr. 13 President, on the bill. 14 I discussed this bill in 15 committee and I have reviewed it carefully with 16 respect to Senator DeFrancisco's comment about 17 what exactly it does, and I'm satisfied that 18 what this bill will do will simply allow either 19 nursing homes or the very few hospitals in this 20 state that are already in private hands, to 21 allow a change in the ownership of those 22 facilities from either partnerships or 23 individual ownerships into limited liability 24 corporations which have tax advantages similar 25 to partnerships and also limited liability 2705 1 protections that affect their insurance coverage 2 and their liability to patients and third 3 parties. 4 So with that understanding, Mr. 5 President, I'm going to vote in favor of this 6 bill. I do not read it as permitting any change 7 in New York law with respect to either 8 encouraging or discouraging for-profit hospitals 9 or for-profit nursing homes from coming to this 10 state. If it did or if I thought it did or even 11 gave an incentive to it, I would vote against 12 it. I'm convinced that it does not. It simply 13 allows for some transitions in ownerships 14 consistent with our current philosophy in this 15 state, and with that in mind, I will be voting 16 in favor. 17 ACTING PRESIDENT KUHL: The Chair 18 recognizes Senator Stafford. 19 SENATOR STAFFORD: Mr. President, 20 I know people get sick of hearing this and I 21 don't want any applause. In 32 years, this is 22 the first question I've ever asked on a bill. 23 ACTING PRESIDENT KUHL: Senator 24 DeFrancisco, do you yield for this moment in 25 history? 2706 1 SENATOR DeFRANCISCO: You don't 2 know how honored I am that I got the first 3 question. 4 SENATOR STAFFORD: Don't be. 5 ACTING PRESIDENT KUHL: The 6 Senator yields. 7 SENATOR STAFFORD: Don't be. 8 Isn't it true that we have an industry in this 9 state and that wouldn't this sort of be - 10 couldn't you define this maybe as being sensible 11 and, in effect, we're trying to establish a 12 level playing field? Is that sort of what we're 13 doing here? 14 SENATOR DeFRANCISCO: Well, I 15 think that's exactly what we're trying to do 16 here. I think we passed the Limited Liability 17 Law for a very good reason. Other states were 18 doing the same thing and New York State did not 19 have that tax advantage and people were 20 incorporated in other states, and I think 21 there's no reason why hospitals or nursing homes 22 should not be provided with that same benefit. 23 If they didn't, then we would be in the same 24 situation with nursing homes and hospitals that 25 we were with some of the other corporate 2707 1 entities that decided that they would 2 incorporate in another state rather than the 3 state of New York. 4 So I think it will provide a 5 level playing field and there's no reason 6 nursing homes and hospitals shouldn't have the 7 same tax benefits that other corporations have 8 gained under the Limited Liability Law and 9 that's the sole intent of this bill and that's 10 the intent that the -- that we hope to make into 11 law by the passage in this house and also the 12 Assembly and the Governor signing the bill. 13 SENATOR STAFFORD: Thank you. 14 ACTING PRESIDENT KUHL: Is there 15 any other Senator wishing to speak on the bill? 16 (There was no response.) 17 Hearing none, the Secretary will 18 read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT KUHL: Record 25 the negatives and announce the results. 2708 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 491, Senators 3 Abate, Connor, Onorato and Paterson. Ayes 45, 4 nays 4. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 just a reminder that the Higher Education 10 meeting is going on now starting at 10:30 in 11 Room 332 of the Capitol and we'll stand at ease 12 pending the report of the Higher Education 13 Committee. 14 ACTING PRESIDENT KUHL: There is 15 a Higher Education Committee meeting going on in 16 the Majority Conference Room, Room 332. 17 The Senate will stand at ease. 18 (Whereupon, the Senate stood at 19 ease from 9:30 a.m. to 10:07 a.m.) 20 ACTING PRESIDENT MARCELLINO: 21 Senator Bruno, we have a report from a standing 22 committee that we would like to have read. 23 SENATOR BRUNO: Can we have the 24 report, Mr. President. 25 ACTING PRESIDENT MARCELLINO: 2709 1 Thank you. 2 The Secretary will read. 3 THE SECRETARY: Senator LaValle, 4 from the Committee on Higher Education, offers 5 up the following bills: 6 Senate Print 542, by Senator 7 Johnson, an act to amend the Education Law; 8 2515-A, by Senator Skelos, an act 9 to amend the Education Law; 10 3739, by Senator LaValle, an act 11 to amend the Education Law, in relation to 12 membership of the board of trustees. 13 All bills directly for third 14 reading. 15 ACTING PRESIDENT MARCELLINO: 16 Without objection, all bills directed to third 17 reading. 18 SENATOR BRUNO: Mr. President, 19 can we at this time take up Calendar Number 411. 20 ACTING PRESIDENT MARCELLINO: 21 Yes. We have a local fiscal impact notice at 22 the desk. 23 The Secretary will read. 24 SENATOR GOLD: Explanation. 25 THE SECRETARY: Calendar Number 2710 1 411, by Senator Bruno, Senate Print 2-A, an act 2 to amend the Tax Law and Public Service Law, in 3 relation to a reduction in the rate of tax. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Bruno, an explanation has been asked for 6 by Senator Gold. 7 SENATOR BRUNO: Thank you, Mr. 8 President. 9 We have before us a jobs for the 10 21st Century tax cut program. The intent is 11 exactly that. Cut taxes in New York State, cut 12 them appropriately and you will create jobs and 13 economic development. 14 Now, how do we know that? We 15 know that by taking a look at what happened in 16 the past. During the '80s, early '90s, New York 17 State led the country in losing jobs. Your 18 families, our neighbors, lost their jobs. Those 19 jobs were not in existence in New York State or 20 they went to other states. And why was that? 21 Because of what we recognize now were the failed 22 policies of government in New York State; failed 23 in that we increased spending every single year 24 and when you increase spending, you increase 25 taxes and people in New York State were the 2711 1 highest taxed per capita in all of the United 2 States. As a consequence, we were last, 50th, 3 in creating jobs in the United States, late 4 '80s, early '90s. 5 Lost over 550,000 jobs here in 6 this state. Why? Because we weren't 7 competitive. We could not compete with other 8 states and other countries. Business people and 9 professionals take a look at the bottom line and 10 when they look at the bottom line, if they know 11 they can do better in Tennessee, in Texas, in 12 New Jersey, in New Hampshire, in Massachusetts, 13 that's where they grow their companies. 14 We elected a new governor, Mr. 15 President, over two years ago. We have new 16 leadership here in this Senate and we have 17 partnered with the Governor and with the 18 Assembly and in two years, the people of New 19 York State enjoyed more tax cuts, personal and 20 business tax cuts two years in a row than all 21 other 49 states combined. 22 What's happened as a result? $6 23 billion in tax cuts. We quickly have moved up 24 from 50th in job creation to 8th in job 25 creation, creating over 175 new jobs every 2712 1 week. Every month announcements are made of new 2 jobs being created in New York State. Why? 3 Because we're becoming competitive. We're 4 becoming competitive and that is a credit to 5 this Governor and his leadership, and this 6 Legislature that partnered with the Governor in 7 moving this state forward towards prosperity. 8 What we have before us continues 9 something that's working. Cutting taxes has 10 worked in New York State. So we're going to 11 continue that. 12 We have already passed in this 13 house a $3 billion property tax cut package. 14 That will become part of the final budget that 15 we adopt, and that's critical, and we partner 16 with the Governor in his STAR program. 17 We now have before us a $2.5 18 billion business tax cut package, and let me 19 just run down through a list of these tax cuts 20 and you can draw your own conclusions as to the 21 positive impact that they will have on the 22 people of this state. 23 This is not conversation. It's 24 not rhetoric. What we're proposing here is very 25 meaningful and we are going to do everything 2713 1 within our power to see that any budget that's 2 adopted in this state includes this package or 3 most of this package. 4 And we start with a reduction in 5 energy costs. We all know that the high energy 6 costs -- New York State has the highest or 7 second highest cost of energy in the whole 8 country. The cost of energy inhibits business 9 growth. We've had Grumman closing down, 10 downsizing, moving out from the Island where 11 they have the highest energy costs. 12 We have a gross receipts tax on 13 energy in this state. It's been there too 14 long. A gross receipts tax is the worst 15 possible tax on business because a business 16 could be losing millions and millions and still 17 pay a tax. That is not the American way and the 18 result has been an inhibition of growth. We 19 have to get the gross receipts tax off of 20 businesses and professions. We should tax 21 businesses on their bottom line and the bottom 22 line is after expenses, you deduct expenses from 23 the revenue and you have a bottom line and your 24 bottom line is hopefully profitable. On that 25 profit, you pay a tax. That's how we should tax 2714 1 businesses, not on revenue as the gross receipts 2 tax does, but on the bottom line. So we're 3 talking about eliminating over a period of years 4 -- first we want to do a freeze and then 5 eliminating it over the next several years. 6 That is $710 million to the people of this 7 state. 8 We also tax health care 9 facilities, nursing homes, hospitals, home care 10 providers, and how do we tax them? Above the 11 line, a gross receipts tax, an assessment and 12 that's wrong. That is wrong. 13 We are going to phase that 14 assessment or that above-the-line tax out 15 because it costs your constituents and mine too 16 much money already for health care. So why do 17 we want to add to their burden? 550 million 18 we're going to reduce. 19 We want to reform the estate 20 taxes here in New York State. Why? Because New 21 York State, like we have done in the past with a 22 lot of other taxes, we tax people as they die, 23 after they die. We tax them more in New York 24 State than most other states. So what do people 25 do and what have they been doing? It's not the 2715 1 only reason -- or it's one of the reasons they 2 move to Florida and they die in Florida and 3 their estate inherits a lot more of their hard 4 earned money. Caring parents do that too 5 frequently. 6 We want to conform the New York 7 State estate taxes to all the other states so 8 that there is no encouragement for people to 9 move out of this state, move elsewhere to pass 10 their estate on to their children. 11 We also want to remove the gift 12 tax, which is just a gratuitous tax. We should 13 remove it and that's part of our proposal. 14 There is much more. Sales tax on 15 clothing, a very popular thing to do. We remove 16 the sales tax on clothing. We propose as part 17 of our package to do away with the sales tax 18 here in New York State on clothing of $500 or 19 less. We did it for a week. It worked out 20 extremely well, stimulated sales. I think you 21 bought a couple of suits, Senator Velella, 22 right? It was -- he moved the market all by 23 himself in the Bronx. We want to encourage him 24 and others to go out and spend money here in 25 this state. 2716 1 Senator DeFrancisco said he 2 bought six suits for that 500, but in all 3 seriousness, the cost of clothing is too high. 4 When we add a state tax on it, it's 5 prohibitive. 6 So we phase it out this way. One 7 week in August, late August, tax-free, preschool 8 and one week in January, first year, then we 9 phase it out one percent a year over the next 10 four years, and that's the New York State 11 portion. That is -- our estimates are in the 12 neighborhood of $550 million. 13 What that means is that the 14 consumer gets to keep $550 million, that they 15 can go out and buy more clothes for their 16 children, more food, pay for shelter and do all 17 the kinds of things that stimulate the economy. 18 We are proposing an adoption tax 19 credit. It's kind of tragic that people that 20 want to adopt children incur costs of 15-, 20-, 21 $25,000 to adopt a child here in this state. 22 We're proposing a tax credit to the tune of $20 23 million for a person that adopts or a family 24 that adopts a child. 25 Child care tax credit, $25 2717 1 million worth and that's to provide private 2 companies to encourage child care so that 3 mothers and families can go to work and improve 4 their quality of life. 5 Small business employment 6 incentive credit in EDZ zones, economic 7 development zones, $5 million. 8 We want to extend the investment 9 tax credit from 10 to 15 years. People make 10 investments. They can't write them off in ten 11 years. They shouldn't be punished. They write 12 them off in 15 years to encourage them to 13 continue to make investments in their business 14 here in this state. 15 Insurance tax reform, we have to 16 raise the cap on insurance companies to make 17 them more competitive with other companies that 18 are domiciled in other states. 19 We also have an Article XV tax, 20 so-called which, in essence, indicates that 21 insurance companies, if your car is damaged and 22 you have an estimate, it takes $1,000 to fix it, 23 insurance companies have to prepay the tax on 24 that $1,000 before you even fix the car and if 25 you never get it fixed, they're supposed to send 2718 1 the money anyway. It's nonsense. It's dumb. 2 It's stupid because every study shows that to 3 implement that -- and it's never been 4 implemented yet and it's passed several years 5 ago -- because the cost of managing it would be 6 more than the revenue that would be derived, and 7 yet we in the Senate each year have tried to 8 rescind it. It's still on the books. We're 9 going to try again this year. 10 In 1990, we had a bond issue and 11 that bond issue, the interest was supposed to be 12 financed by taxing beverage containers, beer and 13 soda. The bond issue failed. We in this state 14 kept taking the tax -- even though the purpose 15 was no longer there, we kept taking the tax 16 every year. We started to do away with it two 17 years ago. We've got to finish doing away with 18 it this year, and that's part of our package 19 because it's the right thing to do. 20 We want to eliminate the 21 petroleum business tax on railroads, $5 22 million. It makes it more competitive with 23 railroads in other states. We index the 24 petroleum business tax. It moves with the 25 consumer index. The tax goes up almost 2719 1 automatically. We've got to stop that from 2 happening because the cost of fuel is a critical 3 cost of doing business in this state and we 4 don't want to make it any more expensive than we 5 have to, and there is another fuel that we want 6 to reduce the tax on and that's liquor. 7 What is liquor? We want to 8 reduce the excise tax on liquor because people 9 have an incentive to travel to other states, 10 especially in the border towns, the border 11 neighborhoods and we want to make New York State 12 retailers more competitive. 13 Disability employment credit, $3 14 million, and that is to encourage employers to 15 hire people who are disabled. That is most of 16 what is in our $2.5 billion package. 17 Now, I have made the statement in 18 the past that there's never been a tax cut that 19 I didn't like. So I and my colleagues, I know, 20 are open because we in New York State still are 21 among the highest taxed in the continental 22 United States. So we have to keep doing the 23 kinds of things that we have been doing since 24 Governor Pataki has been elected, since we've 25 had new leadership here in the state, to 2720 1 continue to turn this state around and go 2 forward and continue the successes that we have 3 enjoyed over these last two years. 4 Thank you for your attention. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Gold. 8 SENATOR GOLD: Thank you very 9 much, Mr. President. 10 Senator Bruno, I admire your 11 dedication to the business community, and I 12 would tell you that it would be demagoguery on 13 my part if I told you that we don't have an 14 obligation to the business community. We do. 15 On the other hand, Senator, I 16 take a look at a bill that talks about tax cuts 17 -- and I know in a vacuum I certainly am not 18 opposed to tax cuts -- but where is the whole 19 budget, Senator? Where does this all fit in? 20 We've heard about a lot of things 21 you said today over and over, and I don't want 22 to repeat your side and my side. You talk about 23 loss of jobs and that we brought in new jobs. 24 The answer to that, as you well know, is that we 25 have been bringing in low level jobs. People 2721 1 who used to have one job now have to work two 2 jobs and there's still many, many people out 3 there unemployed. We have programs thrown at us 4 by your side of the aisle and by the Governor to 5 cut welfare and yet there's no jobs for these 6 people, and there's a real sense of lack of 7 reality in that. 8 You talk about an increase in 9 spending over the last year, Senator, that 10 brought us to a certain level, and I would 11 remind you, if you would take a look not to the 12 left but to the right, there are the people that 13 voted for it. There isn't a budget that passed 14 under the Cuomo administration or the Carey 15 administration that wasn't accepted and voted on 16 by the Republican Party in this house. When we 17 went through a period of a few years where the 18 budget increased $5 billion in taxes, your side 19 of the aisle voted for those taxes. 20 Now, am I glad that we can say to 21 people that things are doing better in New 22 York? Of course, I'm glad, and I assume that 23 last year's vote was a recognition of how much 24 Bill Clinton had to do with it and the federal 25 government had to do with it, federal policies, 2722 1 and in terms of the $2.5 billion surplus from 2 last year, a lot of it coming from Wall Street, 3 Wall Street did very good selling stocks for 4 companies outside of New York State. They're 5 doing very well all over the place. So the Wall 6 Street brokers did good and the market did good. 7 Senator, we have been accused in 8 the last few days of posturing and playing to 9 audiences rather than doing real legislative 10 work. I would suggest to you, Senator, that the 11 rent bill which you voted down was real because 12 that could have become a law because it was a 13 two-house measure. Your program today is a 14 one-house measure. If that isn't posturing, if 15 that isn't demagoguery, then I don't know what 16 is, Senator Bruno, because it is not part of the 17 real world. 18 But here we are, nine days into 19 April and there is no budget and, Senator Bruno, 20 I remember two years ago - 21 ACTING PRESIDENT MARCELLINO: 22 Senator Gold, would you -- since it's our 23 procedure -- I understand you have been here a 24 lot longer than I have, but just a reminder that 25 comments should be directed at the Chair - 2723 1 through the Chair and not to individuals. 2 SENATOR GOLD: Your comment is 3 well taken, Mr. President, and I will try to 4 abide by that. 5 Mr. President, I listen very 6 carefully when our distinguished Leader, Senator 7 Bruno, speaks, and two years ago I'll never 8 forget the comments in the press about the fact 9 that the Assembly did not pass a budget and this 10 house had put a budget out on the table. 11 Last year, as I remind my 12 colleagues, we did not put out a budget. We 13 certainly weren't going to put out the 14 Governor's budget because even the Majority of 15 this house was ashamed of that budget. They 16 couldn't bring it to the floor and the Majority 17 of this house didn't put a budget out on the 18 floor until weeks after the April date. I guess 19 we're in the same predicament this year. 20 Governor Pataki has submitted a budget. 21 Senator Bruno, Mr. President, has 22 said that "we", meaning the Republicans, have 23 partnered with the Governor and yet this year 24 again they do not bring out the Governor's 25 budget for a vote. They don't bring out their 2724 1 own budget for a vote. 2 We had our second annual 3 conference on estimating revenues and at the end 4 of that, we did so great, we were only $1 5 billion off between the bottom and the top. Not 6 bad. If it was a billion-one and they threw in 7 one for us, right, it wouldn't be bad, but 8 again, no budget. 9 I don't want to make everything 10 sound very bleak, so I have here -- I guess we 11 should take an affirmative point of view, and I 12 have some quotes which should lift our spirits 13 from our former Vice-president, Mr. Quayle, who 14 said "If we don't succeed, we run the risk of 15 failure", and I think that we're trying - 16 you're trying to succeed, Senator Bruno. He 17 said, "The future will be better tomorrow." I 18 guess we're all hoping that that is true. 19 But, Senator Bruno, I want to say 20 something to you. We have debated issues here 21 -- and I know you're very concerned about rent 22 control in the city of New York, and I know 23 you're also concerned about jobs. 24 As you know, Senator Bruno, I 25 spend a lot of time in Albany because that's my 2725 1 job coming up here, and I have here -- this is a 2 capital region -- it's a special that's put out 3 weekly by the Times Union and this one is dated 4 March 20th and the big headline on the front 5 page, "AT&T to eliminate up to 350 local jobs." 6 Senator Bruno, I know that in 7 bringing this bill to the floor today, you're 8 concerned about jobs. I hope so, Senator, 9 because while I'm suffering and fighting for 10 rent control in my city, I hope right under your 11 nose you're concerned about losing these jobs. 12 Not only that, it mentions in here that this 13 latest news of impending local layoffs follows 14 the announcement by Governor George Pataki last 15 week that Clifton Park Relay Center for the 16 Hearing Impaired was going to be relocated to 17 Syracuse. 18 Here again, the Governor tried to 19 do in the Albany community a couple years ago, 20 Senator Bruno, and maybe you shouldn't spend so 21 much time in rent control because there's jobs 22 right under your nose in your own district that 23 are being threatened. 24 You know, Senator Bruno - 25 ACTING PRESIDENT MARCELLINO: 2726 1 Senator Gold. 2 SENATOR GOLD: Yes, Mr. 3 President. 4 ACTING PRESIDENT MARCELLINO: To 5 the Chair, please. 6 SENATOR GOLD: Yes. Thank you, 7 Mr. President. 8 Mr. President, I have a great 9 respect for Senator Bruno and that is not said 10 in jest, but it's funny. It seems wherever I 11 go, there are reminders of our distinguished 12 Leader, and a little while back I was in Florida 13 and there it was right in front of me, right in 14 front of me and I thought of our distinguished 15 leader, Mr. President, because right in front of 16 me was this reminder and it said, "What are we 17 doing with the budget?" We're like in a swamp. 18 We're in a quagmire. We can't seem to get out 19 of the mess we're in with the budget and 20 everybody's looking for the exit and Senator 21 Bruno says, Look, I know we're looking for the 22 exit but we can get there my way. I'm the 23 Leader of the Senate, my way, one way and we'll 24 take one way, but the problem, Senator Bruno, is 25 that as this Florida reminder showed me, your 2727 1 one way doesn't get us to the exit. As a matter 2 of fact, it takes us in a completely different 3 direction. That's the problem. The problem is, 4 Senator, that we are here on March -- on April 5 9th talking about one-house bills -- one-house 6 bills that don't get us a budget. 7 Senator Stafford and I and 8 Assemblyman Farrell and Assemblyman Faso had the 9 opportunity to hold budget hearings and in all 10 fairness, Senator Bruno -- Mr. President, in all 11 fairness, Senator Bruno was not there because he 12 had Senator Stafford there. Senator Connor had 13 me, et cetera, et cetera, and we went through 14 days of hearings on the budget and we went 15 through a period of this conference on revenue 16 estimates and, again, the leaders were not 17 there, Mr. President, and Senator Bruno said 18 maybe we ought to have these Conference 19 Committees now. After all, the legislators 20 ought to be involved. 21 We have transportation issues and 22 certainly Senator Levy should have some input 23 and the courts are a major part of the budget, 24 and I know Senator Lack has sincere interest in 25 that, and I could go around all the members of 2728 1 your side and I could go around all the members 2 on our side, talk about Senator Hoffmann in 3 agriculture, et cetera, et cetera, but the point 4 is the committees never got set up. We're not 5 doing any work. 6 Now, when Governor Cuomo was the 7 Governor and there were criticisms about a late 8 budget, I know one thing. Governor Cuomo would 9 sit down there and he would be exasperated and 10 he would call in Warren Anderson and call in 11 Ralph Marino and many of us did not like the 12 fact that there were three people working on the 13 budget but somebody was working on the budget, 14 somebody, somewhere. And what do we have 15 today? 16 I want you to listen, Senator 17 Bruno, Mr. President and my colleagues, to the 18 present budget negotiations. I don't hear 19 anything either. There are none that we hear 20 about and if it's happening in some room some 21 place, that's disgusting. If it turns out that 22 it's going to happen in the press, that's even 23 worse. It ought to be part of a legislative 24 solution and we're doing nothing, Mr. President, 25 to bring about a budget. 2729 1 Having said that, I will say that 2 this package is posturing. Are there ideas in 3 it that are worthwhile to be discussed? 4 Absolutely. I particularly like the one that 5 Senator Bruno mentioned where he said that it 6 hasn't been implemented because it costs too 7 much to implement. So I say to myself, if it 8 hasn't been implemented, where is the savings? 9 It's not -- nothing is happening with it but, 10 Senator, there are some interesting points you 11 made, and I won't belittle it. You know 12 business and you have made their points very 13 well and when it comes to gross receipts tax, 14 Senator, this is something which many of us 15 believe should be spoken about and addressed but 16 not in an omnibus bill with no budget, no budget 17 and if you're asking your members, Senator, to 18 vote on a bill that throws away $2.5 billion 19 after we already had a bill which talked about 20 your property tax relief and your school relief 21 -- that was another 2.5 billion, $5 billion - 22 without showing us a total budget, I think, 23 Senator, that that is fiscally irresponsible. 24 Not only that, I might point out 25 that the Assembly passed a budget and there was 2730 1 some criticism as to where is the money. 2 Senator -- Mr. President, our distinguished 3 Leader has shown where the money is by putting 4 out his property tax bill and putting out this 5 bill. There's an acknowledgment that there's 6 enough money there to do the kind of things that 7 the Assembly has been talking about. 8 Now, the only way to decide, 9 Senator, whether we do those things that the 10 Assembly is talking about or whether we just 11 take all of these cuts or some of these cuts, 12 most of these cuts, is to deal with it in 13 negotiation, not posturing, and if you want to 14 criticize us for posturing, Senator, it's time 15 to look in the mirror, Mr. President, because 16 that's all we're doing today is posturing. I 17 wish we weren't. I wish that we could get the 18 budget behind us. I wish that we could have 19 gotten rent control behind us the other day so 20 that didn't get filtered into this issue, and I 21 wish, Mr. President, that we could all make a 22 decent plane today after the posturing. 23 Thank you. 24 ACTING PRESIDENT MARCELLINO: 25 Senator DeFrancisco. 2731 1 SENATOR DeFRANCISCO: This is 2 very instructive debate, very instructive debate 3 for the students up there from my district. 4 What's being debated is a tax cut 5 bill that would help stimulate jobs in our 6 community, reduce taxes for businesses so your 7 parents and your relatives could get jobs and to 8 provide tax benefits for the individuals as well 9 along the way and Senator Bruno outlined each 10 one of those in graphic detail. 11 Now, when you're thinking of this 12 debate later on, children, I just want to just 13 ask you to think about the response to that 14 bill. The response quoted quotes from Dan 15 Quayle, talked about budget negotiations, talked 16 about everything except whether the bill is a 17 good idea or whether it's a bad idea and the 18 reason there is no indication from the other 19 debater as to that it was a bad idea, because he 20 really likes it. He doesn't want to go out and 21 say to the world that "I'm against tax cuts". 22 So he'll criticize Senator Bruno for 23 everything. He'll make jokes. 24 If you were here about this time 25 a year and a half ago, maybe two years ago, we 2732 1 had a similar debate about income tax cuts and 2 you would have heard the same nonsense that 3 you're hearing today. "We can't afford it. 4 It's a one-house bill. It's this. It's that." 5 I don't think it was Dan Quayle then. Maybe it 6 was President Bush, but the fact of the matter 7 is -- or whatever it was. Maybe it was even 8 Clinton. The fact of the matter is that's a 9 perfect way to debate a bill when you don't want 10 to say you're against it but you can't really 11 support it for political reasons. 12 So, ladies and gentlemen, I think 13 what we have -- let me just complete and then I 14 will be happy to answer any question. So I 15 think what we have here is an interesting 16 exercise in democracy. The bill is a good bill 17 for the reasons that Senator Bruno stated and no 18 one has indicated that it was a bad bill, at 19 least at this point in time in the debate. 20 SENATOR GOLD: Mr. President. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Gold, why do you rise? 23 SENATOR GOLD: Would the 24 distinguished gentleman from Syracuse yield to a 25 question? 2733 1 ACTING PRESIDENT MARCELLINO: 2 Will the distinguished gentleman from Syracuse 3 yield to a question? 4 SENATOR DeFRANCISCO: I will. 5 SENATOR GOLD: Thank you. 6 ACTING PRESIDENT MARCELLINO: He 7 will, Senator. 8 SENATOR GOLD: Mr. President, I 9 heard the statements made by my colleague to the 10 students and, first of all, I'm delighted that 11 they're here and they ought to be here because 12 that is learning, but I would like to know from 13 the gentleman whether or not if the Governor's 14 budget was on the floor today, he would vote for 15 it to give us a budget. Would you vote for the 16 Governor's budget as it stands today? 17 SENATOR DeFRANCISCO: No, I would 18 not. 19 SENATOR GOLD: All right. Will 20 you yield to another question? 21 SENATOR DeFRANCISCO: Yes. 22 ACTING PRESIDENT MARCELLINO: 23 Will you yield? He yields. 24 SENATOR GOLD: Senator, I don't 25 know why you wouldn't vote for it but I admire 2734 1 your answer. The Governor's budget, as you and 2 I understand it, would increase the costs of 3 education at SUNY and CUNY. It would do damage 4 to the entire educational system and I would 5 think, Senator, that one of the reasons that you 6 might not vote for the budget is your concern 7 for children and their education but, Senator, 8 I've suggested we shouldn't pass the bill before 9 us today because we don't have that final budget 10 that takes care of our children's education and 11 funds it properly. Isn't it more responsible, 12 Senator DeFrancisco, to wait until we have a 13 full budget, know what money we need for our 14 children and then filter in whatever tax cuts we 15 can? 16 SENATOR DeFRANCISCO: Then that's 17 exactly what you said a couple years ago when we 18 in the Senate passed a, quotes, "one-house bill" 19 for three years of income taxes that returned 20 substantial amounts of monies to the citizens of 21 this state. It was a one-house bill at the 22 time, but guess what happened? During the 23 budget negotiations, the Assembly decided that 24 politically we can't just keep spending the 25 state down into bankruptcy and they adopted that 2735 1 one-house bill. 2 So what we're doing today is 3 responsible. It's making it part of the debate 4 so that we can, in addition to providing for the 5 children, provide tax relief so for the long 6 term we have a better tax base and there's more 7 money spread across fewer people -- more people 8 paying that bill. 9 Thank you. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Dollinger. 12 SENATOR DOLLINGER: Mr. 13 President, will Senator Gold yield to a couple 14 questions? 15 ACTING PRESIDENT MARCELLINO: 16 Senator gold, do you yield to Senator 17 Dollinger? 18 SENATOR GOLD: If they're easy. 19 ACTING PRESIDENT MARCELLINO: 20 Only if they're easy, Senator, and if they're 21 directed through the Chair. 22 SENATOR DOLLINGER: Senator, this 23 bill -- I have not been through all the text of 24 it. I know you in your ranking position on 25 Finance have been through and are familiar with 2736 1 the terms of this bill. Does this bill specify 2 the spending cuts that we will impose upon the 3 people of this state to finance these tax cuts? 4 SENATOR GOLD: No. 5 SENATOR DOLLINGER: Again, if 6 Senator Gold will continue to yield. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Gold, do you continue to yield? 9 SENATOR GOLD: Yes. 10 ACTING PRESIDENT MARCELLINO: He 11 yields. 12 SENATOR GOLD: I'm doing good. 13 SENATOR DOLLINGER: Is it safe to 14 assume, Senator -- you have been here for a long 15 time. 16 SENATOR GOLD: Yes. 17 SENATOR DOLLINGER: You have been 18 through many budgets many times. Is it safe to 19 assume that in order to fund these tax cuts, we 20 would do what the Governor has proposed this 21 year, which is to cut funds for education, 22 increase tuition at CUNY and SUNY, cut our funds 23 to hospitals, cut our funds to nursing homes, 24 cut our state work force? Is it safe to assume 25 that that's what would be necessary to fund 2737 1 these tax cuts? 2 SENATOR GOLD: What is safe to 3 assume, Senator Dollinger, is that you obviously 4 understood my remarks and you now understand the 5 problem. Unless you know what it is you are 6 going to spend money on and unless Democrats, 7 Republicans, Liberals, Conservatives, middle of 8 the roaders all agree that there are certain 9 projects that are important -- maybe it's roads 10 in certain areas. Maybe it's beaches in a 11 different area. Maybe it's senior citizen homes 12 in certain areas. Maybe it's education. Maybe 13 it's transportation for education -- once both 14 sides of the aisle, once both houses, together 15 with the Governor, agree that these are the 16 legitimate needs of the people and then agree on 17 what revenues we have available to meet those 18 needs, it may very well be, as was pointed out, 19 that a year may come when we can cut certain 20 kinds of taxes, but tax cuts can be expensive 21 also. 22 When you take away educational 23 opportunity from children, that's expensive. 24 When you don't provide jobs for their parents, 25 that's hugely expensive. So the answer is, yes, 2738 1 Senator Dollinger. In terms of a tax cut, you 2 don't put it out without explaining how it's 3 funded. In terms of a tax cut, you don't put it 4 out unless you can explain a total budget that 5 makes sure that needs are taken care of. 6 If we don't have a need, Senator 7 Dollinger -- Mr. President, we don't have to 8 raise one penny of taxes. It is unnecessary to 9 raise one penny of taxes in this state, I tell 10 you that, unless you want hospitals, unless you 11 want police, unless you want schools, unless you 12 want jobs, et cetera, et cetera, et cetera. 13 SENATOR DOLLINGER: Will Senator 14 Gold yield to just one more question? 15 ACTING PRESIDENT MARCELLINO: 16 Would you yield to just one more question? 17 SENATOR GOLD: Just one more 18 question. 19 ACTING PRESIDENT MARCELLINO: 20 Just one more question. 21 SENATOR DOLLINGER: Senator, you 22 heard earlier in this chamber in this debate, 23 someone described the failed policies of the 24 past decade. Just so I understand your remarks, 25 was it your opinion -- and I just want you to 2739 1 clarify this for me -- that those failed 2 policies were actually approved by the Majority 3 in this house and that those very same policies 4 that increased taxes, that created assessments 5 on nursing homes, that created the gross 6 receipts tax, that put taxes on clothing, that 7 created an insurance tax, that all these things 8 were approved in this chamber, this very 9 chamber; is that true, Mr. President? 10 SENATOR GOLD: Mr. President, I 11 am shocked by the question. 12 ACTING PRESIDENT MARCELLINO: So 13 is the Chair. 14 SENATOR GOLD: Senator Dollinger, 15 yesterday and the day before you saw Senator 16 Bruno and Senator Skelos and others stand up and 17 say that procedure in this house was very, very 18 important and that bills shouldn't come out 19 unless committee chairmen approve those bills, 20 and you and I know that bills don't even come 21 out even if approved by a committee chairman if 22 the Republican Conference doesn't approve those 23 bills. 24 So, Senator Dollinger, I want you 25 to know that all of those expensive programs 2740 1 that took the budget of the state of New York 2 and shot it through the ceiling had to have been 3 approved and voted for by the Republican Party 4 in this house under its rules, its customs, its 5 history. 6 SENATOR DOLLINGER: Again through 7 you, Mr. Chair -- Mr. President. Are you saying 8 that none of those taxes originated through 9 motions to discharge brought by the Democratic 10 Minority? 11 SENATOR GOLD: Not a one. 12 SENATOR DOLLINGER: Not a one. 13 They all came from the other side. 14 SENATOR GOLD: Not a one. 15 SENATOR DOLLINGER: Thank you, 16 Senator Gold. 17 Senator Gold, in his response - 18 ACTING PRESIDENT MARCELLINO: 19 Senator Dollinger, are you speaking on the 20 bill? 21 SENATOR DOLLINGER: Yes, Mr. 22 President, on the bill. 23 ACTING PRESIDENT MARCELLINO: 24 Senator Dollinger, on the bill. 25 SENATOR DOLLINGER: Senator Gold, 2741 1 in his remarks, used a phrase that just brought 2 something to mind. He used that line that came 3 from the King of Siam in the musical The King 4 and I when he used the phrase, "et cetera, et 5 cetera, et cetera", the line that was made 6 famous by Yul Brynner. 7 Well, I guess I'm convinced, 8 Senator Gold, on the basis of what you told me, 9 that I would like to come up with another 10 mystical illusion to another kingdom and 11 frankly, Senator Gold, based on what you've told 12 me, I'm convinced that I can only be one place 13 today and that's in Shangri-la. I must be in 14 Shangri-la because I now get a chance to vote 15 for tax cuts without spending cuts. I get a 16 chance to vote for something that may never come 17 to pass, that's just an idealized fantasy that I 18 would love to do, but I don't have to be 19 responsible by pinpointing the cuts and services 20 in education that would be required if we 21 actually had to do something that was in 22 reality, that if I was in Albany I would never 23 do. I would never vote for tax cuts unless I 24 knew what the spending cuts were attached to 25 them. I wouldn't vote for tax cuts that would 2742 1 promise cuts in education, cuts in hospitals, as 2 Senator Gold described. I wouldn't do that if I 3 were in Albany. I'm in Shangri-la. I must be 4 representing a district from there. I'm in 5 Shangri-la. I'm even tempted to vote yes. In 6 Shangri-la you can vote yes without 7 responsibility. It's the perfect place to be. 8 I thank Senator Bruno and his 9 magic carpet for taking me there. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Gentile. 12 SENATOR GENTILE: I believe I 13 have an amendment at the desk, Mr. President. 14 ACTING PRESIDENT MARCELLINO: The 15 amendment's at the desk. 16 SENATOR GENTILE: I would ask 17 that we waive the reading and allow me to 18 explain the amendment. 19 ACTING PRESIDENT KUHL: The 20 amendment is at the desk. We will waive the 21 reading. 22 Senator Gentile, on the 23 amendment. 24 SENATOR GENTILE: First of all, 25 let me begin by saying with all the rancor and 2743 1 political division I've seen in the last two 2 days here, it's refreshing to see that we 3 started today with the passing of a bill of my 4 freshman classmate and colleague, Senator Meier. 5 Mr. President, I want to 6 personally congratulate Senator Meier on the 7 passage of his first bill and I want to remind 8 Senator Meier that this is his classmate's first 9 amendment and -- in the New York State Senate 10 and remind him that I voted in the affirmative 11 on Senator Meier's first bill. So after today's 12 vote, may it be a day that Senator Meier and I 13 can talk about for years to come. 14 You know, it is also -- so let me 15 begin my explanation of my amendment by at least 16 in a bipartisan way congratulating the Senate 17 Majority for including in Senate 2-A the 18 phase-out of the sales tax on clothing less than 19 $500. 20 You know, I'm happy to see that 21 we finally have gotten something on the floor 22 that talks about the repeal of the sales tax on 23 clothing, and it's the kind of -- it's the kind 24 of economic relief, tax relief that will drive 25 the economy in this state, something that I have 2744 1 been talking about -- I've talked about to 2 repeal the sales tax for years. I've said it - 3 talked about it in my quest to become state 4 Senator. I've talked about it since my election 5 to the state Senate, and I'm happy to say that 6 my first bill that I introduced in this Senate 7 was to repeal the sales tax permanently in this 8 state, and I've done that because as an activist 9 in my community, I've heard for years the pleas 10 of business, to please keep New York shoppers 11 here in this state and I've heard the pleas from 12 New York consumers who say that if they had no 13 tax in this state, they would do their shopping 14 here. 15 So I'm glad to see at least now 16 in the Senate 2-A, there's a version of the 17 repeal of the sales tax, and I congratulate the 18 Majority for finally realizing that this is 19 something that needs to be put on the floor. 20 You know, there could be an 21 argument made that I should be content that 22 there's something in Senate 2-A about the repeal 23 of the sales tax and go home and be happy. 24 Well, you know, half a loaf might be good but 25 the type of loaf that's being offered really 2745 1 doesn't -- doesn't effect what I want to effect 2 and that's an increase in jobs, an increase in 3 business in this state. To trickle down these 4 phasing out of the sales tax over a four-year 5 period does not give the economic shot in the 6 arm needed to create the jobs and keep the 7 business and consumers here in New York State. 8 So I am an optimist and I want to 9 turn on the economic faucet now, not in four 10 years. I want to repeal the sales tax now, 11 repeal the entire sales tax all year long, 52 12 weeks a year, no, nada, nothing now, and that is 13 what my amendment will do, and I trust in this 14 day of bipartisanship that we started with, that 15 all members will lay aside their party label and 16 really both be together, do something that New 17 Yorkers want us to do. 18 What my amendment will do is 19 repeal the sales tax on clothing and footwear 20 less than $500 starting January 1st, 1998 and it 21 will maintain the one-week back to school week 22 that is in this Senate 2-A proposal for August 23 of '97. 24 Also, the amendment does not 25 change any of the Senate 2-A provisions that 2746 1 would give localities the option to repeal or 2 reduce or phase out or even maintain their own 3 local sales tax on clothing. It gives my -- my 4 amendment still gives localities the freedom to 5 do what's best suited for them, just like Senate 6 2-A, and it's interesting that in my area, for 7 example, the mayor of the city of New York, I'm 8 thrilled to be on the same side as the city of 9 New York who said he would give -- he will use 10 the power that we give him to repeal the four 11 percent local sales tax. And why not? You 12 know, it's time that we start to bring business 13 back home today, not four years from now, bring 14 it back home from the nearby states that have no 15 sales tax in clothing that I believe, Mr. 16 President, that Senator Bruno referred to and we 17 don't need additional experimental weeks. 18 You know, New Yorkers welcomed 19 the tax-free week with open arms and open 20 wallets. It was very successful on a cold week 21 in mid-January. In fact, in my area, the 22 Brooklyn papers reported -- one of the Brooklyn 23 papers reported that "I'm daunted by 24 sub-freezing temperatures." "Thousands of 25 shoppers flocked to Bay Ridge to take advantage 2747 1 of the extraordinary one-week sales tax 2 exemption on clothing." That was a January 3 report. 4 On Staten Island, in the Staten 5 Island newspaper, The Advance, The Staten Island 6 Advance reported that "the Staten Island Mall, 7 whose stores were jammed with shoppers and 8 parking lots overflowed with cars as if it were 9 the week before Christmas, two streets leading 10 to the mall, Forest Hill Road and Rockland 11 Avenue were backed up to the intersection of 12 Brielle Avenue. That's a change from other 13 weekends when many Staten Islanders trek over 14 three bridges to shop in New Jersey which 15 charges no sales tax on clothing every week of 16 the year, not just one week." That was from The 17 Staten Island Advance. 18 Do you hear the pleas of the 19 people? Do you hear the pleas of the people to 20 do it now -- to do it now and, you know, even 21 other political leaders, other Republican 22 leaders have jumped on board on this. As I say, 23 Republican Mayor Rudolph Giuliani has indicated 24 that retail jumped 94 percent during tax-free 25 week, Rudolph Giuliani, the mayor of the city of 2748 1 New York. 2 The Republican leader of Nassau 3 County, Nassau County Executive Tom Gulotta, 4 jumps on the bandwagon against clothing sales 5 tax, Republican County Executive Tom Gulotta. 6 Even pleas from the Republican Borough President 7 of Staten Island, Guy Molinari. Borough 8 President Molinari has said "The Governor has 9 talked about phasing it out", meaning the sales 10 tax, "because he knows what a phenomenal success 11 this tax-free week is", Borough President 12 Molinari said yesterday, "but I'm going to tell 13 him it should be abolished right now to give us 14 the economic boost we need." That is from the 15 Republican Borough President from my area, Guy 16 Molinari. 17 You know, I hate to think that 18 these Republicans have gotten the message and we 19 in Senate have not, but it's unfortunate that 20 we're subjected to editorials that appear such 21 as the one that appeared recently in the Daily 22 News on March 13th concerning this issue and it 23 troubles me when I see editorials of this type. 24 The editorial from the Daily 25 News, a major New York paper, indicates "Albany 2749 1 put shoppers on the rack" and I'll read you a 2 portion. It says "A motto of the state Senate. 3 Never do today what you can put off until 4 tomorrow." The latest example of the manana 5 philosophy, repeal of the sales tax on 6 clothing. "Oh, the Senate Republicans like the 7 idea but swiftness frightens them. Instead of 8 just killing the state's share of the tax 9 outright, they urge a slow death, a four-year 10 phase-out and more experiments with tax-free 11 weeks. What is this, a legislative body or the 12 Food and Drug Administration?" That's from the 13 Daily News editorial of March 13th. 14 I don't know about you, 15 colleagues, but it angers me when I hear that 16 this grand institution is being called timid, 17 that it is being called frightened. I don't 18 want this institution to be called timid or 19 frightened and the answer to that is to repeal 20 the sales tax now, starting January 1st of 1998 21 and we still need the sales tax-free week in 22 August for the back to school season this year. 23 That's no change, as I said, from our provision 24 of 2-A. 25 You know, just leaving the back 2750 1 to school week is not enough. It leaves out too 2 many consumers. For example, back to school 3 week leaves out the parents of small children. 4 You know, put the four percent 5 sales tax in the pockets of the parents of small 6 children because it's time to buy shoes for the 7 baby. It's time to buy baby's shoes, not only 8 in January but in April and then in July and 9 then in October. It's time to buy baby's 10 shoes. It's time to buy the toddler new 11 clothes, maybe three or four times a year and 12 for those -- for those people, those seniors, 13 those people who are more senior than you, 14 people more senior than me, it's time to buy 15 necessities for those seniors, whether it be a 16 coat or shoes, whenever it's time to buy those 17 necessities. 18 The point is that we can't limit 19 the purchase times for these necessities. 20 Clothing and footwear, as we all acknowledge, 21 are not luxuries. Besides food, clothing and 22 footwear with basic for life and taxing basic 23 necessities, I think we can all agree, are 24 highly regressive and they hurt most of the 25 hard-working families and the seniors that we 2751 1 all serve. So why do we need to do that to 2 them? Let's give them the opportunity to have 3 these necessities tax-free 52 weeks per year. 4 Take a minute now to look at the 5 business side of this proposal and see how the 6 S.2 plan, as proposed, is bad for business also. 7 It's bad for business because the scattered 8 sales tax-free weeks, the phase-in of the repeal 9 over four years does little or nothing for 10 business to attract shoppers to stay here in New 11 York rather than go across to other states. 12 The small savings over a 13 four-year period is not enough incentive for 14 businesses to have the shot in the arm that they 15 need and merchants know that. Merchants know 16 that money talks and customers walk. Customers 17 speak with their wallets. We all know that and 18 proof of that is only to look at the reaction of 19 New Jersey merchants during the sales tax-free 20 week back in January here in New York. New 21 Jersey merchants started to offer double back, 22 80 percent off, paid parking, paid tolls to keep 23 New Yorkers going to New Jersey and why not? 20 24 to 40 percent of the New Jersey retail market 25 depends on New York consumers. So all you have 2752 1 to do is look at the New Jersey retail reaction 2 and know how important it is that we have a 3 sales tax-free week here in New York. 4 I guess, you know, sometimes we 5 have to look to our other states to kind of wake 6 us up, and I guess it was best said by a New 7 Jersey mayor, Perth Amboy Mayor Joseph Voss, who 8 put it this way about the sales tax-free week. 9 "Perth Amboy Mayor Joseph Voss put the issue in 10 perspective. He said, "We don't have a sales 11 tax on clothing ever", meaning New Jersey. "I 12 wish them", meaning New York, "I wish them the 13 best of luck. The taxpayers of New York deserve 14 a break. When is the New York government going 15 to see the light of day?" That's from a New 16 Jersey mayor. 17 Now, we all agree -- and I think 18 we can all agree that old habits die hard. For 19 my people in Brooklyn and in Staten Island, it's 20 no different. Old habits die hard. It's too 21 easy for them to revert to their old habits when 22 tax-free week is over and go back to their 23 shopping ways of the past. For my people, it's 24 easy. They jump in the car, take a short hop 25 across the bridge and all of a sudden they're in 2753 1 the shopping mecca, the sprawling malls that are 2 known as tax-free New Jersey, the state of New 3 Jersey, not New York. 4 For Staten Islanders, it's just 5 as easy. They hop over the Goethals Bridge, the 6 Outer Bridge and in New Jersey in minutes and 7 we've lost them. We've lost them. They're in 8 New Jersey, and I'm sure that members here who 9 represent areas near sales tax-free states like 10 Connecticut and Pennsylvania have the same 11 problem with constituents in their areas leaving 12 New York to go to those sales tax-free areas. 13 So it is bad for business to do this over a 14 four-year period. 15 You know, this dilemma of 16 consumers and merchants has been heard by some 17 members here in the Senate. It has been heard 18 by some members of the Majority because several 19 of you in the Majority have heard those pleas 20 and you've introduced your own bills to repeal 21 the sales tax in one form or another and to 22 those members that Senators Marchi and Cook, 23 Senators Goodman and Trunzo, Senators Holland 24 and Present, to those Senators, I say Bravo, 25 Bravo. You heard the pleas and now I ask you to 2754 1 join me in making those pleas reality by voting 2 for the amendment to S.2-A, the amendment that I 3 call the four percent solution. I call it that 4 because it keeps our economic activity in our 5 local communities right away not in four years. 6 The advantage is New York's. The cost to the 7 state in the next fiscal year between January 8 and April is 70- to $100 million, easily covered 9 by the increase in economic activity, again, 10 advantage New York. 11 You know, I have been on the 12 campaign to repeal the sales tax over the last 13 several months. I've held tax sales repeal 14 rallies. I've had petitions signed. I talked 15 in the newspapers about the sales tax repeal and 16 my constituents know very much about this 17 proposal and these hard-working men and women of 18 Brooklyn and Staten Island have asked me several 19 times, "Senator, do you think we really can get 20 this done on the floor of the Senate this year? 21 Do you think we can really have this happen? 22 This would be so great. Do you think it will 23 happen", and I say to them, I respond to them by 24 saying, you know, at rare moments things can 25 happen in dramatic fashion in this state. So 2755 1 stay tuned. This may be one of those moments, 2 and I say to them that keep the faith, keep the 3 hope. 4 Well, let's take that bold step 5 today, ladies and gentlemen. Let's not be 6 labeled as timid as the Daily News has labeled 7 us as timid. If we act affirmatively, we do 8 right for New York consumers. We do right for 9 merchants immediately, not four years from now. 10 Let's show New Yorkers we can unite as a group, 11 we can do it and do right for them. Let this 12 chamber show that as New Yorkers, we can pass 13 bipartisan -- bipartisan progressive tax relief 14 that we can be non-partisan when it comes to the 15 good and welfare of New Yorkers. Let this 16 chamber show that the spirit -- we can come 17 together, one and all, in support of this 18 amendment and may this be one of those rare 19 moments, colleagues, where dramatic things 20 happen. Let's pass this amendment. 21 ACTING PRESIDENT MARCELLINO: Any 22 other Senator wishing to be heard on the 23 amendment? 24 SENATOR GOLD: Yes, Mr. 25 President. 2756 1 ACTING PRESIDENT MARCELLINO: 2 Senator Gold. 3 SENATOR GOLD: I promise to be 4 brief, but I can't help, Mr. President, 5 recalling something. 6 We, once a year, have a day, 7 Senator Lombardi did it and I think now Senator 8 Larkin does it, where we honor our wonderful 9 young people at West Point and we make quite a 10 to-do over them and we should. If the one day 11 that you see them here is not enough, right 12 before Christmas each year, if you want to 13 follow their bus from West Point to the Danbury 14 Mall where they do their Christmas shopping, you 15 can see these beautiful young faces for hours. 16 I happened to be there one 17 Christmas with my children and walking around, 18 as a tourist, Senator, and I was stunned. West 19 Point, New York -- and they don't take the bus 20 to New York. They don't take them to Exit 16 21 where you've got a big outlet store. They 22 transport these people to Danbury, Connecticut 23 to do all of their Christmas shopping. If that 24 is not a perfect example of why we should accept 25 this amendment and how important it is, I don't 2757 1 know of any others. 2 I'm certainly going to support 3 this amendment. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Bruno. 6 SENATOR BRUNO: Mr. President, I 7 just want to make a quick comment on this 8 amendment, and I will just repeat what I said 9 earlier. You want to cut taxes, we want to cut 10 taxes, and we will join you as long as you act 11 responsibly. What you're proposing, to 12 eliminate 550 million -- and that's a low 13 number. It's anywhere from that number to 700 14 million -- overnight is not responsible. 15 Mr. President, we phase out the 16 sales tax in our package over a period of five 17 years, doing something immediately and then 18 phasing it out over five years. If you do it in 19 an irresponsible way, all you'll be doing is 20 shifting the taxes to local property taxes. 21 Now, those of us that are in 22 upstate New York will feel that, you're right, 23 much more than you might downstate but the 24 people downstate will also feel it because you 25 have homeowners. You have property owners and 2758 1 the revenue to support your local governments 2 has to come from somewhere. So we phase out our 3 $2.5 billion package over a period of four, five 4 years. Mr. President, that's the responsible 5 way to cut taxes. 6 Now, when we talk about spending 7 or cutting -- I think one of my colleagues 8 talked about spending these tax cuts, spending 9 $5 billion. We're not spending. We're 10 investing and there's a huge difference. 11 Spending is when you pass a budget, as the 12 Assembly has passed, that increases spending 13 over $5 billion more than the Governor's 14 budget. That's spending in one year. That is 15 putting this state on the brink of bankruptcy. 16 That is returning to the failed ways of the 17 previous administration where we inherited a $5 18 billion deficit when the new administration took 19 over. 20 So let's tell it like it is. 21 Let's posture for our constituencies, if that's 22 what we have to do but let us act responsibly. 23 SENATOR GOLD: Mr. President. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Gold, why do you rise? 2759 1 SENATOR GOLD: Would Senator 2 Bruno yield to what is really a short one 3 question? 4 ACTING PRESIDENT MARCELLINO: 5 Senator Bruno, do you yield to Senator Gold? 6 SENATOR BRUNO: Yes, Mr. 7 President. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Gold, he yields. 10 SENATOR GOLD: Senator Bruno, you 11 said that the Assembly budget would bring us 12 back to old ways and is irresponsible. My only 13 question, Senator, is where's our budget? 14 SENATOR BRUNO: Our budget, Mr. 15 President, is waiting on the Assembly to come 16 down to the Governor and to us with a real 17 revenue number. 18 We passed a law in this chamber 19 that mandated us to have a consensus for 20 revenues for this state by March 10th. We have 21 a revenue forecast. The Governor has a revenue 22 forecast done with the help of experts and the 23 Assembly talks about a budget that spends $5 24 billion. That's why we don't have a budget. 25 That's why there are no serious negotiations. 2760 1 That's why we don't have a budget until the 2 Assembly recognizes that there is a limit on 3 spending and we cannot spend ourselves back into 4 the bankrupt ways of the past. 5 That's the long answer, Mr. 6 President. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Gold. 10 SENATOR GOLD: I kept my word and 11 it was a short question. Maybe I could ask one 12 other short question, if our Leader would yield. 13 ACTING PRESIDENT MARCELLINO: 14 Senator, you're going to break your word and ask 15 two questions. 16 SENATOR GOLD: If our Leader 17 would yield. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Bruno, do you yield to Senator Gold? 20 SENATOR BRUNO: Yes, Mr. 21 President. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Bruno yields. 24 SENATOR GOLD: Senator, you have 25 heard as much as I have heard members on your 2761 1 side put out bills which our side characterizes 2 as one-house bills and your side says, Well, but 3 now it's out there and now we can negotiate and, 4 Senator, I don't know why that tactic is a 5 tactic that seems to be good for smaller issues 6 but not the budget. 7 Two years ago you put out a 8 budget and criticized the Assembly for not 9 having a budget. So, Senator, if the Assembly 10 is doing things that are not responsible and you 11 say that this Senate has a revenue estimate, 12 where is this Senate's budget so that the public 13 can take a look at our budget, the Senate's 14 budget, look at the Assembly budget and then put 15 together what's going on here and compare it 16 with the Governor's budget which everyone has 17 rejected? 18 SENATOR BRUNO: Mr. President, 19 we've been there. We've done that. You voted 20 against us last year when we did our one-house 21 budget. You voted against us the year before 22 when we did our one-house budget and what did we 23 accomplish, Mr. President? Two of the latest 24 budgets in the history of this state. 25 So we're easy, quick learners. 2762 1 So we have learned that one-house budgets don't 2 work. I would have thought that the Assembly 3 might have learned that. I might have thought 4 that you might have learned that and, Senator 5 Gold, when you voted against that budget last 6 year and the year before, you were right. It 7 didn't work. 8 ACTING PRESIDENT MARCELLINO: On 9 the amendment, those in favor signify by saying 10 aye. 11 (Response of "Aye".) 12 Those opposed, nay. 13 (Response of "Nay".) 14 The amendment is defeated. 15 We're back on the bill. 16 Senator Connor. 17 SENATOR CONNOR: Thank you, Mr. 18 President. 19 If I may close for the Minority. 20 Today the Senate will be doubling their work 21 output on the current year's budget that's 22 already late. We did S.1 two weeks ago and now 23 we take up a second disembodied one-house bill. 24 Together these two bills cost more than $5 25 billion over five years. What Senator Bruno 2763 1 calls phasing in, we call backloading and, 2 indeed, if one criticizes the Assembly for 3 having some backloaded spending plans that also 4 over the next four years or so add up to $5 5 billion, I say why don't we deal, instead of 6 worrying about backloading everything -- because 7 these are really press releases -- backloading 8 everything, why don't we deal with the budget 9 with our job this year. Let the Legislature 10 that it's elected two or three years from now 11 deal with the problems then and meet our 12 responsibilities to have a budget that's already 13 late? 14 The major difference between the 15 two houses is that the Assembly had the courage 16 to pass a budget, agree with it or not, and I 17 remember two years ago when the second floor and 18 this house -- and I think people even made up 19 badges that said, "Where are your numbers, 20 Shelly? Where is your budget, Shelly" and 21 heavily criticized in the late budget process, 22 the post-April 1st time period which we're in 23 now, the fact that the Assembly didn't do their 24 budget, and there were calls for reform from 25 this house, from the Majority in this house and 2764 1 from the Governor. Well, the Assembly should do 2 their budget. The Senate's done their budget 3 and we should have Conference Committees and 4 this will solve -- this will solve what I 5 believe it was Governor Pataki criticized as the 6 three men in a room with a budget syndrome which 7 the public of this state is, frankly, thoroughly 8 disgusted with, and I dare say a large 9 proportion of the members of the Legislature, if 10 not publicly, privately agree, that there's good 11 reason for disgust. 12 In this house, there's no known 13 budget. The Republican Majority here continues 14 to fiddle while the budget is not done. There's 15 no known restoration for education or for health 16 care from this Majority, none that we know. We 17 know what the Governor would do clearly. 18 Clearly the Majority will not embrace and pass 19 the Governor's budget. They didn't do it last 20 year. We won't do it this year. What's the 21 plan? What's the plan for education? What's 22 the plan for health care? Tell us. Bring it 23 out here. We may agree. We may not agree but 24 we'll vote on it. That's why we're elected to 25 be here and if it's different from what the 2765 1 Assembly views, have a Conference Committee. We 2 have very, very able members of this house who 3 serve on the Finance Committee. I'm sure we can 4 put together a Conference Committee that would 5 work this out in the light of day, with public 6 comment, with public scrutiny. Even the members 7 will get to see what's going on before the 11th 8 hour. 9 There's no balanced financial 10 plan being offered by the Majority that says it 11 leads this house. There is no context for 12 anything we're doing, no planning, no 13 leadership, no budget. I say to the Majority, 14 where is your budget? Where are your numbers? 15 Why are we drifting aimlessly in this house? 16 Where is the commitment to the Conference 17 Committees, the new budget reforms which the 18 Majority talked so loudly about in the last two 19 years? Why aren't we doing it? 20 Indeed, if I may digress, I was 21 happy to hear Senator Bruno the day before 22 yesterday saying to those tenants, Don't worry. 23 In a couple of weeks, we'll bring out to the 24 Senate floor the Majority's view of what rent 25 regulations should be and then we'll have 2766 1 Conference Committees. Do it. I invite you in 2 the next two or three weeks, Senator Bruno. 3 Bring your plan for the tenants -- for the 2.8 4 million tenants to the floor. See if you can 5 pass ending rent regulations on this floor and 6 if you have 31 votes to do that, then we'll go 7 to Conference Committee. The Speaker has called 8 for a Conference Committee on it but this house 9 must act first and it must pass something that 10 31 members agree to. 11 So I look forward to the Majority 12 presenting their rent regulation bill and 13 passing it on this floor -- yes. Well, Senator 14 Bruno, you said that you would have your bill. 15 It would come out in a few weeks. Bring it out 16 and see if you can pass it. See if you can pass 17 it. See if all those good Senators in the 18 Majority will stick with you on that procedure 19 and if you do pass what you want to do, 20 conference it with the Assembly. Put a 21 Conference Committee together. 22 Similarly on the budget, make it 23 happen now. Make this new process happen. Pass 24 your budget. It's already late, Senator. It's 25 already late. 2767 1 When the current six-week 2 extender expires, we'll be moving into the 3 period when school budgets are planned and 4 passed. Once again, school districts will have 5 to borrow and once again the Majority won't even 6 acknowledge the liability for the interest 7 costs. Go back to, I believe it was 8 Washingtonville where they tried to send us all 9 a bill and tell them we've done it again and the 10 Senate didn't even pass a one-house budget this 11 time. 12 Why is he so determined to convey 13 to Wall Street that we deserve the second lowest 14 bond rating in the nation, because of our 15 inability to have the political and fiscal will 16 to do the responsible thing and have a real 17 budget process, and I tell you, I took heart two 18 years ago when this Majority passed their one 19 house and they threw stones for weeks at the 20 Assembly for not acting and then we came back 21 the next year and I thought, you know, this is 22 going to work. It's going to suddenly be that 23 politically -- politically, each house will have 24 to pass its view of the budget and then we'll 25 have Conference Committees and the public will 2768 1 see the light of day on at least a little bit of 2 what we do here. 3 Instead the Majority here takes 4 three giant steps backwards and won't even do a 5 budget bill, won't even do a budget, a real 6 budget. Instead we get more and more and, Mr. 7 President, as to the numbers, the Assembly's 8 one-house budget provides two billion more in 9 revenues. They have a revenue number and it 10 moves, what we call move money. It transfers $1 11 billion in spending and it restores a billion 12 and a half in cuts and provides a half a billion 13 dollars for tax cuts. 14 The Republicans say this is three 15 billion more in spending? Well, the Assembly 16 tells us where the revenues are. They tell us 17 what money they'll transfer and what they'll 18 give as tax cuts. That's a budget. 19 Where is our budget? Instead, 20 no, S.1, S.2, press releases. The Majority, 21 they're for tax cuts, tax cuts, tax cuts and we 22 all know in the dark of night, three men in a 23 room with a budget, this Majority, year after 24 year after year has driven spending through the 25 ceilings. That's what's really happening. Talk 2769 1 tax cuts, talk tax cuts, spend, spend, spend. 2 That's what's happened in this house and we all 3 know it. 4 The fact is, Mr. President, I 5 call upon the Majority while we're here, while 6 we're late, pass your budget and have an open 7 process. 8 Now, Mr. President, on the 9 current bill, the current bill is chock full of 10 apple pie, motherhood. It's a press release. 11 It's a press release that says you want tax 12 cuts. You don't tell us how you'll pay for it. 13 You backload it. Some future Legislature will 14 have to worry about the fiscal impacts but, Mr. 15 President -- Mr. President, I wasn't born 16 yesterday politically. I don't vote against 17 popular press releases. I wish we were voting 18 on a real budget with a real fiscal plan. That 19 would be the responsible thing to do but, Mr. 20 President, I say to the Majority, you're -- you 21 claim the responsibility of running this house. 22 I urge you to be responsible. When you put out 23 press releases to catch the headlines about tax 24 cuts, I'm not going to try and stand in the way 25 of that kind of gimmickry. 2770 1 The other day, we heard Senator 2 Bruno characterize a very serious motion to 3 discharge which would have relieved the fear and 4 anxiety of 2.8 million tenants in New York as 5 posturing, as a political game. Well, Mr. 6 President, I can't imagine what's more of a 7 political game than billions of dollars in tax 8 cuts that some day may be kicked in, backloaded 9 for three or four years, but if those are the 10 kind of games we want to play here, I'm for tax 11 cuts too, Mr. President. Tax cuts are great. 12 You'll never get me saying I'm not for tax cuts. 13 Thank you. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Stafford. 16 SENATOR STAFFORD: Mr. President, 17 I'll be -- before our Leader continues his 18 excellent presentation and closes debate -- and 19 I mean excellent presentation -- I'm going to be 20 a bit historical and make maybe a broad stroke 21 with a conceptual brush. 22 I'm reminded of the 1990 -- no, 23 1966 transit strike. I wouldn't say anything 24 like this, of course, but I'm reminded of this. 25 Somebody on that side of the aisle was ranting 2771 1 and raving and got so frustrated -- his name was 2 Tommy. I won't tell you who it is, but if you 3 looked up in '66, you'll figure out who probably 4 it was and he pointed at one of us on the other 5 side of the aisle and he said, "You know 6 something? I hope you never get near a window 7 because if you do, you slip out, you'll go up." 8 I wouldn't say that, of course, but I want you 9 to know that I thought about it after listening 10 to some of this nonsense -- excuse me -- that I 11 have been listening to the past three -- leave 12 it at three -- three days. If it hurts a 13 little, it is meant to. 14 Get with it. There isn't one 15 person in here who isn't a political animal, 16 your speaker included, probably more so than 17 others, but some of the things I've seen and 18 listened to the last two, three days have made 19 me realize why the electorate sometimes has the 20 opinion of some of us they do. 21 I was told before I stood up, 22 don't offend anyone. I said I won't. 23 SENATOR GOLD: Not everyone. 24 SENATOR STAFFORD: You got it. 25 You got it. 2772 1 Mr. President, we had a great 2 locomotive in this state, our economic 3 locomotive, but every locomotive has to have 4 engines and the engines of the economic 5 locomotive here in this state are jobs that our 6 Leader has talked about, done something about 7 with Governor Pataki. 8 Governor Pataki, Senator Bruno, 9 the Senate and, yes, the Assembly -- and, yes, 10 the Assembly have turned us around. I'm going 11 to be a little bipartisan here -- just a little, 12 but you know exactly -- not too much, but there 13 was a governor before Governor Carey took over. 14 This gentleman, many others supported that 15 governor and he was a great governor but 16 mistakes have been made. We all realized that 17 and we started a trend. I'm trying to get the 18 year right now. 1960 -- 59. I think we had one 19 of the biggest tax increases that this state and 20 this nation, frankly, percentagewise, had ever 21 been passed. 22 I supported that person. I 23 supported him afterwards. I would have 24 supported him for President and it's too bad he 25 wasn't President because this country would have 2773 1 been a lot better off, in my opinion. That's 2 only my opinion, but you know what? We started 3 a trend there and it never stopped and we had 4 both parties involved. We had both parties 5 involved. We had -- in 1965, we had one party 6 in control. 1966, this house was taken over by 7 one party. The other house stayed over there 8 with another party and we all kept moving. We 9 all kept going but we kept going up, up, up and 10 we were putting the state down the drain. 11 Now, I don't mean some of the 12 things we were spending on weren't good. They 13 were. You can smirk, but if you think back a 14 few minutes, you'll realize a lot of what we 15 were doing was good but we were putting this 16 state down the drain because people were leaving 17 and all of our districts that were involved in 18 business, they were leaving, my district, your 19 district, every district and practically anybody 20 you talked to in business, they would say, we 21 can't do business in this state and we laugh, 22 all of us, both parties. 23 Then in 1990... I'm going to get 24 the date right -- in 1994, the people of this 25 state said, yes, we are going in the wrong 2774 1 direction. We are spending too much, spending 2 on some good things, mind you, on a lot of good 3 things and very, very frankly, I was right there 4 wanting to spend on a lot of good things, but 5 you know what? If we hadn't turned around with 6 Governor Pataki, with Senator Bruno and we 7 hadn't had the budgets and had the legislation 8 that passed in the last two years, that state 9 was going down the drain and if you don't 10 believe it, all you got to look -- again, the 11 numbers, the 550,000 jobs within the last few 12 years that we lost, 165 jobs we increased. We 13 can debate the numbers but we all know the trend 14 is going the right way now. 4-, $5 billion 15 budget deficits -- I'm not saying that deficits, 16 maybe you couldn't argue that they were spent on 17 good things, but you can say it would be great 18 if we could have an education system where we 19 had one teacher for every student. I know I 20 needed it but you can't do it. It doesn't make 21 sense economically and some of the things we 22 have done in the past, not 20 years, the past 36 23 years, 38 years, some of the things we were 24 doing didn't make any more sense economically 25 than having a teacher for every student in the 2775 1 state. We made some tough, tough decisions. 2 We've made some tough decisions and we finally 3 got the locomotive moving. 4 I'm old enough to remember when 5 you ran down to the track to see the locomotive 6 running, I remember the first time the diesel 7 engine came to Dannemora -- I was on the outside 8 -- and it was quite a day, quite a day to see 9 that diesel engine -- or see that diesel 10 locomotive with all those engines going, but 11 we're finally increasing the engines, the number 12 of engines that we have to get this locomotive 13 going and, frankly, I think everyone, all of us, 14 we're not going to agree on everything, but we 15 have to compliment our Majority Leader, our 16 Governor and, again, with the budgets we've had 17 the last couple of years, it's been with the 18 Assembly. 19 Now, I have often said here 20 sometimes one man's floor is another man's 21 ceiling. Unless we realize there's a ceiling to 22 what we spend and not do what's being done over 23 there right now -- and, yes, I'm being direct, 24 but they're getting back to the magic number, $5 25 billion, $6 billion, if you really looked at it 2776 1 more than we're taking in. We can't spend more 2 than we take in and unless we stop trying to 3 take in as much, we're going to get right back 4 on that other track and start going again and I 5 use these terms because I think it's right, down 6 the drain. 7 Mr. President, our Leader has 8 explained it well, but I have to say that this 9 state is now -- eighth was mentioned - 10 increasing jobs right now. We did reduce taxes 11 more than all the states combined in the nation 12 last year and this state is going to be better 13 and we're going to get healthy. We're going to 14 be the Empire State and in conclusion, let me 15 emphasize this, something I said to the people 16 in the Education Department the other day. 17 You know, sometimes all of us, we 18 forget this. We had the best educational system 19 of this state before the administration over 20 there right now and we'll have the best after 21 they leave, and we can go -- even though the 22 problems we had and where we were going 23 economically, unless we turned it around, we 24 still had the Empire State but it's this 25 legislation which has been explained so well by 2777 1 the Leader, Senator Bruno. It's this 2 legislation which is going to keep this state 3 the Empire State and make it a better Empire 4 State. 5 Thank you, Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Bruno, to close for the Majority. 8 SENATOR BRUNO: Thank you, Mr. 9 President. 10 Our very experienced senior only 11 in the years that he serves here in the Senate, 12 I think, has done an outstanding job of summing 13 up what our discussion has been about, where we 14 have been and where we're going, and I thank him 15 for that. Thank you, Senator Stafford. 16 I am not going to belabor to 17 close. I'm just going to answer very directly 18 the Minority Leader when he talks about doing 19 one-house budgets, going to Conference 20 Committees. Maybe you weren't listening, 21 Senator. We passed one-house budgets last 22 year. We passed them the year before and we 23 broke the records for late budgets in this 24 state. So we're not going to do that again, but 25 we will pass a budget in this state when the 2778 1 Assembly understands that we will not, in this 2 house, agree to spend ourselves back into the 3 bankrupt ways of the Cuomo administration - 4 bankrupt. 5 When Governor Pataki took over, 6 this state was bankrupt, a $5 billion deficit by 7 overspending, overtaxing, over-regulating. I am 8 embarrassed, Mr. President, when I hear my 9 colleagues on this side of the aisle talk about 10 returning to those failed ways of the past. You 11 want to return? You want to be there? I don't. 12 We're going to go forward. We've 13 left that behind us, thanks to the good Lord and 14 the intelligence of the majority of the voters 15 in this state who had enough. They spoke out. 16 They said we have had enough of 12 years of 17 Democrats spending us into bankruptcy and they 18 made a change and the change has been a 19 worthwhile, fruitful change because now we've 20 recovered our posture in this state. We are 21 taking a leadership position and we've done it 22 by being responsible. 23 So we'll be responsible. The law 24 of this state says that by March 10th, we will 25 agree on a revenue number available for spending 2779 1 in the budget number. The Governor and we can 2 agree. The Assembly will not agree. Their 3 answer has been to pass a budget that spends 5 4 to $6 billion more than the Governor feels is 5 available. 6 Now, how do you do that? Now, we 7 would love to join, if we wanted to be 8 irresponsible, with the other side and throw $1 9 billion into this restoration or program, $1 10 billion into this one, a half a billion here. 11 You need two billion here. We all love to do 12 that when we're grandstanding, when we're 13 posturing. We are not going to do that on this 14 side of the aisle. We'll leave that to you, if 15 you want to follow the lead of spending this 16 state back into bankruptcy but since we have a 17 Governor that is responsible, that's providing 18 the leadership, that's holding the line on 19 spending, that's leading the country in cutting 20 taxes, we're going to stay with the Governor. 21 We're going to be responsible and we're going to 22 go forward. So we won't agree on a budget until 23 we get a revenue number. I don't know how on 24 earth anyone in your families, in your 25 businesses, in your professions, how you agree 2780 1 on a budget if you don't know what revenue is 2 coming in. How do you do a budget? 3 So, Mr. President, we're waiting 4 for something responsible to come out of the 5 discussions, out of maybe this debate and then 6 we will go forward, but this package before us, 7 I urge everyone in this chamber to support 8 because it is a phase-out of a tax package over 9 five years. It helps the people of this state 10 enjoy an improved quality of life and that's 11 what we're all elected to do. 12 Thank you, Mr. President. 13 SENATOR CONNOR: Mr. President. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Connor. 16 SENATOR CONNOR: I listened very 17 carefully to Senator Bruno and I'm delighted, 18 and I think perhaps - 19 SENATOR BRUNO: Can we close 20 debate? 21 ACTING PRESIDENT MARCELLINO: 22 Senator Connor, you closed for the Minority. 23 Senator Bruno closed. If you wish to explain 24 your vote - 25 SENATOR CONNOR: Yes, I do. 2781 1 ACTING PRESIDENT MARCELLINO: - 2 we'll let you do that when we call the - 3 SENATOR BRUNO: Read the last 4 section. 5 ACTING PRESIDENT MARCELLINO: 6 Last section read, please. 7 THE SECRETARY: Sections 101 8 through 104 of this act shall take effect June 9 1st, 1997. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 SENATOR CONNOR: Mr. President. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Connor, to explain his vote. 16 SENATOR CONNOR: Thank you, Mr. 17 President. 18 I am delighted. I just heard 19 good news here. It may move the process 20 forward. For the first time I heard Senator 21 Bruno say, we can agree with the Governor on a 22 number. 23 Mr. President, if Senator Bruno 24 would tell us what the number is that he's 25 agreed -- that the Majority's agreed with on the 2782 1 Governor for revenue, I'll be happy to go -- use 2 my good offices and go across the Capitol and 3 sit with the Speaker and see if we can get 4 negotiations going, but I would like to know 5 what is that number, Mr. President? What is the 6 number the Majority can agree with the Governor 7 on as to revenues? It's the first I've heard 8 they have the same number. I think it's big 9 news for everybody here in Albany and I would 10 like to hear it. I would like to see next week 11 the Majority's, based on that number, they can 12 agree with on the Governor, the Majority put out 13 their one-house budget and we'll move this 14 process along and maybe May 1st can be the magic 15 date. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Announce the results. 19 SENATOR CONNOR: I vote aye, Mr. 20 President. 21 SENATOR GOLD: Mr. President. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Gold, to explain his vote. 24 SENATOR GOLD: Yes. Mr. 25 President, I understand that my Leader has just 2783 1 voted yes and a lot of the colleagues on this 2 side I think will vote yes on this bill and take 3 the opportunity to do the same public statement 4 as the Majority. 5 I, on the other hand, Mr. 6 President, think I have a little different 7 responsibility. I, first of all, thank Senator 8 Stafford. 9 Senator Stafford, every once in a 10 while, Senator Stafford, in your humor you get 11 serious and I want to be serious. I thought the 12 statement you made today was one of the best 13 statements you've made today, Senator, and I 14 appreciate the fact that you said "we" because a 15 lot of people on your side cringe at the thought 16 that they could have done something that they 17 might think is wrong and have to admit it at 18 some point. You have my admiration, Senator 19 Stafford, for that statement. 20 But the bottom line here is that 21 the Assembly is being criticized for supposedly 22 spending $5 billion more but the Senate will not 23 criticize itself for putting in tax bills which, 24 if you add them up, are the same $5 billion and 25 my feeling is that some of the words that come 2784 1 from our distinguished Leader don't make sense. 2 We talk about the leadership of 3 Governor Pataki for two years, three years and 4 yet the fact is that Senator DeFrancisco said in 5 response to my question, he would not vote for 6 the Governor's budget. Senator Bruno last year 7 would not put out the Governor's budget. 8 Senator Bruno this year will not put out the 9 Governor's budget. That's not leadership. It's 10 rejection. That's what it is. It's rejection. 11 If you want to say that the 12 Governor's budget is a starting point, you don't 13 have to tell me that. By constitutional 14 mandate, the Governor must file a budget but 15 hopefully it's a serious budget. Hopefully it's 16 a budget that shows leadership. If it's 17 rejected by his own party, why do you say it's 18 leadership? 19 Last year when you did put out a 20 budget in this house, you overspent the 21 Governor's budget by, I think over $1 billion. 22 When you finally agreed with the Governor and 23 the Assembly on a budget, that was about, I 24 think 900 million more than the Governor. 25 So we haven't accepted any 2785 1 leadership from this Governor. The Governor put 2 in a budget which we know is terrible. It would 3 hurt school children, et cetera, et cetera, et 4 cetera, and we reject it. So where's the 5 leadership? Where are the on time budgets? 6 There is no leadership. I will 7 tell - 8 ACTING PRESIDENT MARCELLINO: 9 Senator Gold, two minutes to explain your vote 10 is - 11 SENATOR GOLD: It's getting near. 12 ACTING PRESIDENT MARCELLINO: 13 It's there, sir. 14 SENATOR GOLD: Thank you. 15 I would just say that Dan Walsh 16 and the Business Council are sophisticated 17 people. I will vote for tax cuts when I see a 18 total budget. I think I am doing a disservice 19 to the opportunity I have been given by my party 20 to be the ranking on Finance and when I see a 21 total budget, I will embrace tax cuts or 22 whatever else is part of a total plan. 23 I vote no. 24 ACTING PRESIDENT MARCELLINO: 25 Announce the results -- Senator Stavisky to 2786 1 explain. Oh, he wants to vote no. 2 SENATOR BRUNO: Announce the 3 results. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Hoffmann, to explain her vote. 6 SENATOR HOFFMANN: I am delighted 7 to vote on a tax cut package. I just wished 8 that I was not being forced to vote in a vacuum 9 on a disembodied piece of legislation that has 10 absolutely no meaning outside the paper that 11 it's printed on for distribution to the press. 12 As a member of the Finance 13 Committee, I wish that we could sit and reason 14 together as intelligent men and women with the 15 responsibility with which we are empowered and 16 come up with the numbers that would make some 17 sense to the people at home. 18 It is terribly frustrating to try 19 to return to Central New York to the three 20 county district that I represent and explain to 21 people that it's a Republican proposal or a 22 Democratic proposal because the people in 23 Central New York -- maybe this is not true for 24 the rest of the state but at least in Central 25 New York, the people there do not think as 2787 1 Republicans or Democrats when they sit down to 2 do their household finances and they do not 3 think about Republican and Democratic theology 4 and bean counting when they are putting together 5 school district budgets. 6 This past week I met with eight 7 different school superintendents, all of whom 8 explained in careful detail how there is real 9 pain for their school districts, real pain 10 measured in dollars and cents and human 11 suffering because of our failure to negotiate 12 and enact a budget in a timely fashion. 13 This maneuver today does not 14 bring us one step closer to having a real budget 15 in a timely manner and it once again creates a 16 question of our credibility and our ability to 17 function in the job to which we are elected. We 18 bring ourselves perilously close to major revolt 19 by the taxpayers of this state by this time of 20 posturing and grandstanding. 21 I noted in the paper today that 22 there's a wonderful picture of Senator Bruno and 23 I'm pleased to see that Senator Bruno is 24 characterized riding a horse and showing his 25 relationship with the land. As an upstater, as 2788 1 someone who owns horses of her own, I'm pleased 2 that we have leadership in this house that 3 understands the whole sum of the state or at 4 least a portion of the state that's sometimes 5 ignored but what forum do we have where we can 6 bring these disparate parts of the state 7 together for some reason? 8 ACTING PRESIDENT MARCELLINO: 9 Senator Hoffmann. 10 SENATOR HOFFMANN: Must we 11 lambast each other in this type of partisan 12 charade. 13 ACTING PRESIDENT MARCELLINO: How 14 do you vote? 15 SENATOR HOFFMANN: I vote aye. 16 ACTING PRESIDENT MARCELLINO: 17 Announce the results, please. 18 THE SECRETARY: Ayes 54, nays 2, 19 Senator Gold and Stavisky recorded in the 20 negative. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 Senator, we have no other 24 housekeeping. 25 SENATOR BRUNO: Is there 2789 1 housekeeping at the desk, Mr. President? 2 ACTING PRESIDENT MARCELLINO: 3 There is none. 4 SENATOR BRUNO: There being no 5 further business to come before the Senate - 6 SENATOR MONTGOMERY: Excuse me, 7 Mr. Majority Leader. I would like to register a 8 negative vote. 9 SENATOR BRUNO: Mr. President. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Montgomery will be counted in the 12 negative. 13 SENATOR MONTGOMERY: Mr. 14 President, I would like to have unanimous 15 consent to be recorded in the negative on 16 Calendars Number 307 and 491. 17 ACTING PRESIDENT MARCELLINO: 18 Without objection. 19 SENATOR MONTGOMERY: Thank you. 20 Senator Bruno -- Senator Mendez. 21 SENATOR MENDEZ: Mr. President, 22 I'm requesting unanimous consent to be recorded 23 in the negative on Bill Number 307. 24 ACTING PRESIDENT MARCELLINO: 25 Without objection. 2790 1 SENATOR MENDEZ: Thank you. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President. 5 ACTING PRESIDENT MARCELLINO: We 6 have no housekeeping and the calendar is over, 7 sir. 8 SENATOR BRUNO: Mr. President, 9 there being no further business to come before 10 the Senate, I would move that we stand adjourned 11 until Monday at 3:00 p.m., intervening days to 12 be legislative days. 13 ACTING PRESIDENT MARCELLINO: The 14 Senate will stand adjourned until Monday, April 15 14th, at 3:00 p.m., intervening days to be 16 legislative days. 17 (Whereupon, at 12:47 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25