Pataki May Use a Veto As Late Budget Passes

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The New York Sun

ALBANY – The Legislature passed the latest state budget in history last night, four months and 11 days after the start of the fiscal year.


Governor Pataki sped the belated process along by waiving the normal waiting period for newly amended legislation, but still held out the possibility of vetoing some portions of the $101 billion spending plan.


The Legislature approved the last six pieces of the budget after 10 p.m. last night before adjourning.


Mayor Bloomberg flew to Albany to press for approval of his plan to expand the Javits Convention Center, but reported no final agreement after meeting with the governor and legislative leaders.


In addition to adding $1.2 billion in spending, the budget negotiated by Assembly Democrats and Senate Republicans authorizes $400 property tax rebates for New York City homeowners, allows liquor stores to stay open seven days a week, and grants tax credits to the film industry, among other provisions.


It also continues the sales tax on clothing purchases under $110 through next May, with one-week “holidays” from August 31 through September 6 and January 31 through February 6.


Legislative officials said they had improved Mr. Pataki’s original $99.8 billion proposal by increasing aid for public schools, undoing many of his cuts in other programs, and rejecting his proposals to expand slot-machine-like video lottery games and impose a tax on hospital revenues.


Officials in the Pataki administration warned that the lawmakers’ changes could throw the state’s finances out of balance.


“We need to look at the adopted budget as a whole to make any final assessment,” said a spokesman for the governor’s budget office, Michael Marr. “The governor has expressed concerns about the overall fiscal implication of this budget to the state, and in particular the out-year deficits it will create.”


Mr. Pataki added to the speculation that he was considering vetoes when he delivered “messages of necessity” authorizing quick voting for the Republican-led Senate but not the Democratled Assembly. This assured that the Senate was the first to approve the remaining budget bills – and would be the first to consider an override.


It was unclear what promises, if any, Mr. Pataki extracted from the Senate majority leader, Joseph Bruno. Normally an ally of the governor, Mr. Bruno joined Assembly Democrats last year to override 120 of Mr. Pataki’s budget vetoes.


Mr. Bruno acknowledged the possibility of vetoes, but declined to say how he would respond. “I’m not going to cross any bridges until we get to them,” he said.


The Assembly speaker, Sheldon Silver of Manhattan, told reporters he was unconcerned about the possibility of vetoes.


“We passed a good budget,” Mr. Silver said. “The items in it are worthy. I don’t anticipate there’ll be a need to override anything.”


Although legislative leaders held out some hope for agreement on nonbudgetary issues, they said they had no agreements last night and were planning to wrap up their session today.


Among the items left unresolved is a minimum-wage increase that Mr. Pataki vetoed.


The Assembly overrode Mr. Pataki on the minimum wage, while Mr. Bruno did not bring the matter to the floor in his house and was ambiguous about his future plans.


“I’m still hopeful we can reconcile differences and get the minimum wage where it belongs,” he said yesterday.


The bill – which would hike the wage to $7.12 from $5.12 by January 2007 – passed his house 51-7, enabling several Republican senators to win endorsements from labor unions and the Working Families Party. Democrats charge Mr. Bruno knew all along that Mr. Pataki would veto the measure.


“This was a wink and a nod to the business community,” said Assemblyman Jeffrey Klein of the Bronx, a Democratic candidate for a Senate seat. “Joe Bruno rolled the unions, plain and simple.”


The budget comes at the end of a long year for many lawmakers, one in which they set a new record for the latest budget, missed a court-imposed deadline to overhaul funding for the New York City public schools, and saw the most significant bill they passed – the minimum wage – blocked by the governor.


“It’s been frustrating,” said Senator Kevin Parker, a Democrat of Brooklyn. “I’m embarrassed, to be honest with you, to be part of one of the worst legislative sessions in the history of the state.”


Assemblyman Michael Gianaris of Queens – whose district is home to Kaufman Astoria Studios – said the tax break for the film industry would give a significant boost to the city’s economy.


“We’ve been losing tons of production to Canada and other locations around the world that have been offering very dramatic tax incentives to lure productions to their areas,” Mr. Gianaris said. “What we’re trying to do with this proposal is level the playing field.”


The New York Sun

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