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From Albany, this is the legislative gazette, a weekly half-hour review of New York State
government and politics. Your host is political scientist and syndicated columnist,
Dr. Alan Shartock of the State University.
Hello and welcome to the legislative gazette. As always, New York State's budget moves towards
resolution. Our car dealers ripping off consumers, the state attorney general thinks so,
and he's introducing a bill that will make manufacturers more accountable.
The Empire State is taking a closer look at its constitution and getting back to the basics
of citizen responsibility. We'll have all those stories and political commentary from Fred Dicker
of the New York Post. That's coming up on this week's legislative gazette.
When you buy a car, you usually receive a warranty that lasts anywhere from six months to seven
years. But what you do not receive is a warranty for any problems that are unique to your model car
after the purchase. Bruce Robertson reports on a new bill that will protect consumers from paying
unnecessary car repair costs. Do your car brakes squeal? Is the paint peeling off the body?
And maybe you have premature tire wear or a broken timing chain guide? Well, all these problems
and many more are products of defects in American and foreign cars. Defects that dealers are
required to fix at reduced rates or for free, but often do not tell consumers about.
New York's attorney general, Robert Abrams, has introduced a bill that will protect consumers
from what he calls secret warranties. Abrams describes the problem.
Manufacturers very often notify only their dealers when they have established a special
adjustment program under which they agree to pay for all a part of specific repairs that are
not covered by standard warranties. Consumers who encounter problems endemic to a particular model
such as squealing brakes or leaks or peeling paint or premature tire wear often remain ignorant
of their right to obtain the free or reduced cost of repairs to those particular problems with
their automobile. The Auto Safety Center, a consumer watchdog group based in Washington,
did a survey of American and foreign cars to see how prevalent this secret warranty problem is.
The consumer group discovered that millions of Americans have spent in excess of $3 billion
in the last decade on repairs that their manufacturers should have paid. In an effort to curtail this
problem, Abrams is introducing a bill that requires manufacturers to notify consumers about car
troubles and aids consumers who are compelled to sue. This bill that we are introducing
will make it illegal for manufacturers to withhold any information about an established policy
to pay for all a part of the cost of a repair beyond the terms of a warranty. The bill would require
manufacturers to notify dealers within 30 days and to mail notices to individual owners of cars
within 90 days of the adoption of any adjustment program that they have established.
It would also require automobile manufacturers to make their service buttons available to consumers
for a reasonable charge and to also maintain hotline numbers, toll-free telephone hotlines to
provide consumers with information about the adjustment program. We're trying to put teeth
into the program and so if there's any violation by a manufacturer, the bill provides that a consumer
who is obliged to sue to protect his or her rights conveyed under this bill could recover
treble damages plus reasonable attorney's fees. The bill also empowers the attorney general to
bring lawsuits and it enables judges to impose fines for each violation up to $500. The legislation
is sponsored by Republican Senator Paul Keeho and Democratic Assemblyman Gerald Nadler.
Abram says if the bill passes it will be the first of its kind in the nation.
For the legislative gazette, this is Bruce Robertson.
April 1st is the deadline for elected officials to agree on a state budget.
They've goletally spoke with Lieutenant Governor Stan Lundin about how the discussions were progressing.
I would not describe the budget talks as unpromising. They've just been slower than we anticipated.
We honestly felt that there was a very good chance that by Saturday we would have an agreement
of principle intent and then we set a meeting for noon on Sunday when majority leader Anderson
and Speaker Miller came back to the Capitol fully believing that the staff work would have resolved
the basic questions and that there would only be those remaining items that leaders needed to resolve
in order to have principle intent and therefore to be able to print the budget and adopt it on time.
It has simply taken a lot longer to come to the basic agreements than we had contemplated.
We're still optimistic that we can arrive at a handshake agreement, a principle intent
on a budget prior to April 1st. It now seems unlikely that the budget could actually be printed
up on the death of the legislatures and passed by the legislature in advance of the April 1st deadline.
What does this mean basically to the average person that the state's budget isn't ready
by its constitutionally mandated time? What does it mean to the average person?
I don't think it means anything to the average person. We did have a problem with regard to
Medicaid payments and both houses of the legislature have passed and the governor signed a bill
which in effect allows us to send out the checks for the Medicaid payments and I don't think there's
any practical effect. It's a theoretical deadline unless it's missed by several weeks in which case
the practical effect is that the state can't pay its bills or meet its payroll. Senator Anderson
has indicated that the Liberty Scholarships program is perhaps his biggest stumbling point.
Well, I think that he isolated on Liberty Scholarships without really having a full understanding
of our problems. We hadn't even gotten the lists from the legislature for the members items
that they wanted to add to the budget at the time he exploded and said that the only impediment
to this budget adoption was the Liberty Scholarships. Once we received those lists which was only at
the 11th hour were appalled by the kind of additions to the budget that are being suggested by
legislators that there are no relationship to any program that's been established. They just give
money away to this institution or that within the state of New York based on some legislators
influence within their leadership. So I've never seen a process like this. Everybody makes fun of the
pork coming out of Washington but I've never seen anything like this. We hadn't even received
those lists when Senator Anderson said that the whole problem with the budget was Liberty Scholarships.
Certainly we're concerned about Liberty Scholarships. I had a conversation yesterday with Senator
Anderson and I believe we can resolve the Liberty Scholarships. I think we can do what he wants which
is not to wait five years to start the program and do with the governor wants which is to have a
dropout prevention program that starts with youngsters in the seventh grade and says if you stay in
school we will have scholarships available. These are not mutually exclusive objectives and I think
that through their direct telephone conversations yesterday Senator Anderson and the governor came
to a realization that they are not mutually exclusive based on that understanding. I think we'll
go forward and negotiate this and other aspects of the budget in the next couple of days and
hopefully before the Passover and Good Friday holidays, religious holidays we will at least have
an agreement so that the state will know that we have a budget that's ready to be adopted.
Okay so when next week rolls around do you think we'll have legislative approval?
No question about it in my mind. I think that the legislature will come in and
adapt a budget and I think it'll be a fiscally responsible budget. We're very concerned that it be
limited to what the outside limit of what we should spend which was the amount recommended by the
governor. I think that the legislature will have changed some of the priorities which is certainly
their policy making function and I'm very optimistic that early in the first week of April will have
legislative adoption of the budget. Lieutenant Governor Stan Lundin.
Jesse Jackson is probably one of the most controversial presidential candidates but it can't be
denied he's doing very well compared to the other presidential contenders with the exception perhaps
of Mike DuCoccus but many Jackson supporters are concerned that the Democratic Party will forego
a fair nomination process in order to keep Jackson off its ticket. Brenda McMahon has the story.
New York states April 19th primary is getting closer and that means Democratic presidential hopeful Jesse
Jackson is gearing up his campaign efforts in the Empire State. Jackson is looking to get the
largest portion of New York's 255 delegates hoping to put him in the lead in delegate counts.
Over 25 lawmakers gathered together to call for a fair nomination process for the Reverend Jesse Jackson.
The black and white senators and assembly members are concerned that Jackson may win more delegates
and Massachusetts governor Michael DuCoccus but because of his race they feared Jackson will not
receive the Democratic nomination. Assemblyman Frank Barbero is chairman of the Assembly Labor Committee
and a Jackson supporter. Barbero's nomination process is a soul of democracy and should be treated
as such. I think the issue here really has to be that we're struggling for the soul of the Democratic
Party. That's the issue and the issue is that if Jesse Jackson was white there would be no question
that he would have no question that he would get the nomination and I think America has to make
a decision. We have we have a moral test being presented to us and that is are we going to accept
the racist notion that a black person cannot become the president of the United States.
Assemblyman author Eve says we should not accept that notion. Eve is the upstate coordinator of
New Yorkers for Jesse Jackson. He believes that candidate with the most delegates should receive
the nomination. We're absolutely confident that Reverend Jackson will have the largest number of
delegates at that time and therefore he should be the party's nominee. We're confident that he will
win New York State. Absolutely confident that he will win New York and that will set the tone
for the other states to follow and so our main word today is that we want the party to support
the will of the people and the candidate who has the largest number of delegates we're prepared
to take our chance because we're confident in the quality of our candidate and we want the party
to give the nomination to the candidate who has the largest number of delegates. But is there a force
trying to stop Jesse Jackson from getting the nomination? Bob Ross says he does not think so.
I don't know if there's something alive trying to stop him but what I do know is when you have a
candidate that is speaking to the issues so sharply and clearly as he is who is
posing a threat to the super rich and the power power structure in the country and is about to
win power the American people. Well that's a very very threatening thing to powerful people and
we're concerned that they will try to thwart the will of the American people and we're saying that
where democracy Jesse is running by the rules and uh and if he goes in with the largest number
then unless we should rally around him. Although Bob Ross and other Jackson supporters say they'll
back the candidate who receives the greatest number of delegates even if it's not Jackson
others disagree. Senator Israel Ruiz a Democrat from the Bronx says if Jackson does not get the
democratic nomination he'll encourage others to support the GOP candidate for president.
If anyone is going to derail the Democratic Party the Jesse Jackson campaign. I am one and I
only speak for myself that in November I will tell my people let's teach the Democratic Party a
lesson that they can't have it both ways they can't always be saying these are unominies and you go
for them when one of our nominees is there we want them to be supported and we want them to be push
not to get any extras but to basically get a fair shape and I will be willing to invite people
to vote Republican in November they have they derail in any sense the Jesse Jackson campaigner
in New York State. Senator Israel Ruiz a Assemblymanee says he hopes Governor Cuomo does not
endorse any candidate before the states April 19th primary even Jackson. He says he hopes Cuomo
will accept the will of New Yorkers and campaign for the winner of the state's primary. For the
legislative Gazette I'm Brenda McMahon. As usual I checked in with Fred Dicker State Editor of the
New York Post for his always scintillating commentary. Fred Dicker of the New York Post help me figure
a few things out here. First of all is the Mario scenario as we are calling it right now. Which one?
The Mario scenario leading towards the White House so except pregunta uno is this question number one
for those who are not familiar as we are with the other language. Is this? Who does he like?
Do they like the caucus or does he like Jackson? We kept hearing he likes the caucus but everything
he's doing now would seem to be encouraging a Jackson candidacy. So what's what? Well it's
complicated there's no question about it but there are some tantalizing theories out there. I don't
think the question really is who he likes. Who knows who he likes. I mean presumably he likes
himself and his family but that may be it. What's involved here is what's good for him politically
and what he thinks is good for the Democratic Party politically and maybe hopefully for the nation
politically and that's tough to figure out. For a while there's no question every indication was
he was going towards Mike DeCoccus and would probably endorse them if he endorsed anyone it was
going to be DeCoccus. And then came along the Michigan caucuses and a few other things but the
caucuses are Michigan with a decisive factor in leading the governor to conclude that he better not
conclude anything for a while. So right now we have the phenomenon of disarray not only in the
ranks of the New York Democrats but nationally in the Democratic ranks. But why would he not
make a decision based on what he'd heard? Why shouldn't he endorse DeCoccus in less hits because
A he thinks that this thing may end up in a Cuomo draft or B he thinks that in fact Jackson may
win in New York and therefore he would end up on the wrong end of listening.
That impressed with DeCoccus. DeCoccus is not from the governor's vantage point running
in a specially impressive campaign and I think a lot of people agree with that as well. He is
impressed with Jackson and now it's then in the fact that he disagrees with many of Jackson's
positions and things Jackson has done in the past. He gives him credit for what is obviously so far
a remarkable campaign. So the governor's attitude is hey I don't have to endorse now why should I
let's wait and see what happens and that's what a lot of other people are saying too. I mean
is every indication that Democratic voters are still uncertain who they want their standards
bearer to be. If any could Jackson win in New York state? Yes I think Jackson has an excellent
chance of winning in New York state in a three-way race. In other words as long as Gore is in there
I'm being very active. Yeah so I mean basically what you have is Jackson with a rock hard black
vote probably the votes of the left wing of a Democratic party able to come up with 40 42%
of the Democratic vote that leaves 60% now if do caucus and Gore split that remaining 60%
and every indication is now that they probably will then Jackson will be the winner by a plurality.
Freddie I had a big fight with the governor on the Capitol connection this week.
Apparently what he's saying is that the person who goes into the convention with the most votes
should be the Democratic nominee the most delegate should be the Democratic nominee I try to argue
with him that if to have to argue with isn't he sometimes? Yes very tough to argue with if there
are two side if there are two people more like-minded and they combine their vote they might
well have a majority and they might well deserve some one of them might well deserve the nomination
being more reflective of the Democratic party well he gave me all his business about wait a second
now would you like two thousand people in a smoked filled room making decisions or shouldn't the
people make the decision I tried to argue with them but there was there was no success in one.
I mean the governor I think is not being fully candid about what his motives are and it's all
saying number one he's trying to be consistent in number two he's trying to avoid any kind of
racial polarization in the state and it's already in New York City especially a very bad situation
race wise now the reason I say these two things down is because three weeks ago or so when
do caucus was clearly seen as the frontrunner the governor then endorsed the concept along with
Paul Kirk he really endorsed the call of the the national Democratic chairman Paul Kirk that
whoever the frontrunner was should be given the nomination now if three weeks later when Jackson
seems to be doing so well Cuomo did a flip flop reversed his earlier position he could be accused
of doing it only because Jackson is black and I think in back of the governor's mind was a
fear that he'd be attacked on this inconsistency and perhaps rightly so.
Freddie moving from things racial you've been following the towanak broly case what's up?
well uh... this uh... coming Monday uh... one of the three principal characters who've been
involved in uh... hindering the investigation of the broly case the rivernell sharp and is supposed
to be leading a march here to quote shut down close quote the capital of course the capital is
going to be pretty much shut down anyway since nobody's going to be around it'll be part of the
Easter holiday but that's really the big news they've been a couple of reports earlier this week
that uh... once again call into question the broly story it was a report uh... that a school made
a classmate of to want a broly a year and a half ago or so had used uh... had had told the tale
similar to broly's about a sexual assault which later turned out not to be so and at once again
raised additional questions about the veracity of the broly's story but the investigation seems
to be at a stalemate to be close to the unwillingness of miss broly interfamily to cooperate
finally uh... the court of appeals made a little news of its own in the news business
this week by saying setting up a special test in terms of uh... allowing people in civil cases to
to obtain photographs notes materials from from newspaper people uh... by the subpoena process
and i wonder whether you think that's right why should those people have a uh... special special
protection as opposed to anybody else who happens to be in possession of stuff that may be
relevant to a case sure there are other group categories of or classes of people doctor is
our clergyman who have the special category now along with some journalists
and the reason of course is that the state is saying it's in the states interest in the public
interest to protect journalists on the circumcise certain circumstances to encourage them to be
able to pursue their business and they interested in general good of society but let's keep in mind
that you said correctly out that the ruling involved civil cases and we're talking about criminal
cases here i think reporters like any other citizen in a criminal case has an absolute obligation
cooperate with the authorities to make sure that justice is well accept in the in even in
criminal cases confidentiality has often shielded and there's a shield law that
shields uh... reporters from reporting on not in new york state the new york state shield law
only at section seventy nine h of the civil rights law only applies to civil cases
the state and federal courts have repeatedly ruled that reporters have no special rights in
criminal cases uh... different with the on that uh... what about the dick piece case
case involves a third party uh... refraud on a grand jury finding it was not specifically
involved with criminal activity
for a dicker of the new york post
uh...
new york states ratification of the u.s constitution is approaching its two hundredth anniversary
and celebrations are certainly in store
poor rosenthal has more
getting back to what the united states constitution is all about
that's what the new york state by sentennial commission has in mind as it starts a program
entitled critical choices
in keeping with the constitutional idea of popular consent
the commission is set up an essay contest various town meetings and a convention in
piquancy
the ideas to follow what was happening in the state two hundred years ago as states
been prepared to ratify the constitution
michael phillips program director of the albony based by sentennial commission
explains
the commission is launched uh... fairly ambitious program
called critical choices
which is designed to recreate
the phenomenon of popular consent
which is essentially what the ratification of the constitution wants to
hundred years ago
right now two hundred years ago
delegates late for being put together
to uh...
to run for election to the state wide convention which will be held in piquancy
what we're doing right now
and the critical choices program is doing
is running a writing or an essay contest
which is only two hundred fifty words just a kernel of an idea
and the deadline for that is able fifteen
the second aspect
to the program
our regional town meetings
these will be held at ten different locations across the state
people are asked to come
and address what they feel the most pressing issues
facing them locally
the third aspect of the program is a statewide convention of the piquancy
delegates are selected
from that regional town meeting
and from the writing contest
and at the at the convention piquancy
will ask them to develop solutions or suggestions recommendations
on what they feel would be the most viable solutions to the problems
facing the state
still have says that it is important that people be reminded of the responsibilities
they have as citizens
and that young people should be involved in the political process
as a great example of this
the state social studies bureau has mandated a participation in government
aspect to the curriculum in our high schools
what this is doing
is
teaching citizenship in the schools and if you start
students out of sixteen or seventeen
giving them an idea what the responsibilities are within the system and allowing
them an opportunity to develop critical thinking skills
then you really suddenly get to the core
of what responsible citizens citizenship is all about
philipses is received positive feedback thus far concerning the program
here does anyone interested in the programs to call the commission at five one
eight four seven three six one nine one
for the legislative gazette
i'm paul rosin thaw
and that's it for this week's legislative gazette
the show is produced by Brenda McMahon and she had helped this week from paul
rosin thaw Bruce Robertson and Dave Galetley
we hope you enjoyed the show and that you'll tune in next week to hear what's
happening
in and around and above the empire state
until then I'm Alan charter
and
the legislative gazette is a production of w a mc news
doctor Alan shartock is executive producer
this program is made possible with funds provided by the legislative gazette
a weekly newspaper on state politics with student internships available
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