Michael F. Adubato

• Seton Hall University
• Jersey City State College

^[1]

Michael F. Adubato
Member of the New Jersey General Assembly
In office January 8, 1974 –January 14, 1992 Servingwith Anthony Imperiale, John F. Cali, and James Zangari
Occupation	Insurance executive

Michael F. Adubato (September 15, 1934 – February 27, 1993) was an American Democratic Party politician who served nine consecutive terms, a total of 18 years, in the New Jersey General Assembly from 1974 to 1992, representing the 28th Legislative District for four terms and then being shifted after redistricting to the 30th Legislative District where he served for an additional five terms.

Early life and education

Born in Newark, on September 15, 1934, Adubato graduated from Our Lady of Good Counsel High School. ^[2] He attended both Seton Hall University and Jersey City State College (now New Jersey City University). ^[1]

Election history

When the 40-district map for the New Jersey Legislature was created in 1973, the 30th District was based in Essex and Hudson counties, and consisted of the Ironbound neighborhood and a portion of the North Ward of Newark, together with Belleville in Essex County, and Harrison, East Newark, Kearny, and Secaucus in Hudson County. ^[3] Adubato was elected together with running mate John F. Cali in 1973, and was re-elected together with him in 1975 and 1977. ^{[4] [5] [6]} In 1979, Adubato was elected together with Republican Anthony Imperiale, who had represented the district in the New Jersey Senate from 1974 to 1978 as an Independent, while Cali came in third. ^{[7] [8]} In the 1981 redistricting following the 1980 United States census, Adubato was shifted to the 28th Legislative District which consisted entirely of Irvington and portions of Newark's North and West wards. ^[9] Adubato was elected in the 28th District together with Democratic running mate James Zangari in 1981, 1983, 1985, 1987 and 1989. ^{[10] [11] [12] [13] [14]} Adubato did not run for a tenth term in 1991. ^[1]

Assembly legislation

After Newark Mayor Kenneth A. Gibson and his city council approved a series of salary increases of up to 50% for the city's elected officials in July 1974 and after the Mayor and council refused to rescind the increases, Adubato led a group of fellow Assemblymembers to block a series of measures that had been under consideration for adoption by the Assembly that would have allowed the city of Newark to increase taxes and fees on income and other charges that would have brought the city $18 million in revenue. Adubato said that "the recent irresponsibility exhibited by the Newark City Council in raising their salaries substantially" had justified the move, while a city spokesperson argued that "the legislators are threatening to withhold $18‐million in special tax revenue from city residents" over raises that totaled $150,000 for elected officials and department heads. ^[15] The bill was released after several city councilmembers met with the Taxation Committee and argued that the fiscal impact of the loss of revenue would be damaging to the city; several Assemblymembers opposed holding the bill "hostage" to Adubato's efforts to get the raises rescinded. ^[16]

With a state income tax being implemented in 1976, Adubato argued that it was unfair for Bergen County, the state's wealthiest, to get as much as Essex County as part of the bills revenue sharing provisions, insisting that a greater share of the revenue should go to New Jersey's cities, which suffer most from the impacts of unemployment. ^[17]

In April 1977, Adubato introduced a bill, co-sponsored by 45 of the 80 Assembly members, that would put a referendum on the ballot asking voters to approve a school voucher plan under which parents would receive a voucher that could be used at any school of their choice, public or private, in an amount equal to the amount the state spends per pupil on education. ^[18] Federal District Court judge Henry Curtis Meanor issued a February 1978 ruling that struck down the law, which permitted parents to deduct from their gross income up to $1,000 of tuition paid for each child attending a non-public school, the only such program in any U.S. state where income tax was assessed. Meanor ruled that the deduction was inconsistent with the protections in the First Amendment to the United States Constitution. ^[19] Adubato, sponsor of the section of the state tax code authorizing the deduction that was ruled unconstitutional and parent of three children who were attending Catholic schools, argued that "the public school systems in our country are a failure" with "a much better education in the private and parochial schools" and said that he would work to find some other way to pass legislation to reinstate the deduction. ^[20]

In July 1981, Adubato objected on the floor of the Assembly to the newly opened 20,000-seat Brendan Byrne Arena at the Meadowlands Sports Complex being named after the sitting governor by what Adubato described as "a group of people appointed by Governor Byrne deciding to name the facility the Brendan T. Byrne Arena". Adubato registered his objections to the name saying that the name "idolizes, sainthoods and anoints a human being". ^[21]

An insurance agent by profession, Adubato was the sponsor of the Automobile Insurance Reform Act, a bill that eliminated the assigned risk pool of 1.4 million drivers, more than 40% of the state's 3.3 million drivers, who had been rejected by their insurance companies and had been assigned to carriers. Under the terms of the bill signed by Governor of New Jersey Thomas Kean after being vetoed twice by his predecessor Brendan Byrne, these motorists would be covered by the Joint Underwriting Association starting in January 1984. ^[22] A series of amendments impacting drivers and sponsored by Adubato passed both houses in January 1984, providing funding for the joint pool through a $1,000 surcharge per year for three years on drunk drivers, a $100 surcharge on those with DWI convictions to pay for added policing and a rejection of an across-the-board $90 surcharge assessed on all auto insurance coverage. ^[23] Upon leaving the Assembly, he continued his involvement on insurance issues as an advisor to legislators on related matters. ^[1]

Death

He died of a heart attack on February 27, 1993, at the age of 58 at Clara Maass Medical Center in Belleville, New Jersey. ^[1]

Adubato's daughter Lisa was nominated by Governor of New Jersey Chris Christie to serve as a judge in New Jersey Superior Court. ^[24] His nephew, Steve, served the 20th District in the Assembly from 1984 to 1986; Michael and Steve Adubato became the only uncle and nephew to serve simultaneously in the legislature. ^[1]

References

1. Hernandez, Raymond. "Michael F. Adubato, 58, Ex-New Jersey Legislator", The New York Times , March 1, 1993. Accessed January 25, 2018. "He was born in Newark on Sept. 15, 1934, and attended Seton Hall University and Jersey City State College."
2. Manual of the Legislature of New Jersey, 1986, p. 269. Accessed September 1, 2019. Assemblyman Adubato was born in Newark on Sept. 15, 1934. He attended St. Lucy's School, Our Lady of Good Counsel High School, Seton Hall University and Jersey City State College."
3. New Jersey Legislative Districts 1974–, New Jersey Legislative Services Agency at New Jersey State Library. Accessed January 25, 2018.
4. Results of the General Election Held November 6, 1973 Archived March 4, 2016, at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
5. Results of the General Election Held November 4, 1975 Archived March 3, 2016, at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
6. Results of the General Election Held November 8, 1977 Archived March 3, 2016, at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
7. Results of the General Election Held on November 6, 1979 Archived April 28, 2017, at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
8. "The Harvey Smith Club", New York Observer , July 6, 2006. Accessed January 25, 2018. "Anthony Imperiale, the last Independent candidate to win a races for the Legislature in New Jersey, was elected to the Assembly in 1971 and to the Senate in 1973.... He returned to the Assembly in 1979 as a Republican, defeating Democratic incumbent John Cali. (The other seat was held by Assemblyman, the late brother of Newark political leader Stephen Adubato.)"
9. New Jersey Legislative Districts 1982–, New Jersey Apportionment Commission. Accessed January 25, 2018.
10. Candidates for the Offices of State Senate and General Assembly Archived 2016-03-04 at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
11. Candidates for the Offices of State Senate and General Assembly Archived 2016-03-04 at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
12. Candidates for the Office of General Assembly Archived 2016-03-05 at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
13. Candidates for the Offices of State Senate and General Assembly Archived 2016-03-04 at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
14. Candidates for the Office of General Assembly Archived 2016-03-04 at the Wayback Machine , New Jersey Department of State. Accessed January 25, 2018.
15. Sullivan, Joseph F. "Council Decision to Raise Pay May Cost Newark Tax Revenue Granted by State", The New York Times , October 27, 1974. Accessed January 25, 2018. "The legislators, led by Assemblyman Michael F. Adubato of Belleville, a Democrat whose district includes a portion of Newark, have sent a special Newark tax bill back to the Assembly Taxation Committee because they oppose pay raises that members of the Newark Council voted for themselves and Mayor Kenneth A. Gibson on Oct. 2.... Each of the nine Councilmen received salary increases of $8,000 a year—from $15,000 to $23,000—while Mayor Gibson's pay will go from $35,000 to $50,000.... 'The legislation may be necessary for Newark, but the recent irresponsibility exhibited by the Newark City Council in raising their salaries substantially since July 1, 1974, has made it necessary to reconsider legislation designed to raise money for Newark,' Mr. Adubato said."
16. Sullivan, Joseph F. "Legislative Fight Looms Over Raises In Newark", The New York Times , November 3, 1974. Accessed January 25, 2018. "The Assembly Committee on Taxation voted to release the special tax bill for a floor vote, probably on Nov. 11, after Earl Harris, president of the City Council, and five other Council members testified before the committee last week.Mayor Kenneth A. Gibson, who refused to mix in the controversy publicly, proved persuasive in a private talk with Assemblyman Michael F. Adubato, Democrat of Essex, the leader of the move to bottle up the tax bill until the City Council rescinded the raises.... There were, a number of Assemblymen who did not agree that the taxing bill should have been held as a 'hostage' in Mr. Adubato's fight to have the City Council roll back the raises, which saw the nine City Councilmen receive increases of $8,000 a year (to $23,000) and Mayor Gibson's salary raised from $35,000 to $50,000."
17. Waldron, Martin. "Trenton Topics; Tenant Refunds Stall Tax Plan", The New York Times , July 15, 1976. Accessed January 25, 2018. "Mr. Codey and Assemblyman Michael F. Adubato, Democrat of Belleville, argued that the cities should get all or most of this money because of their special problem with unemployment and welfare. Mr. Adubato said that the state's 'wealthiest county'—Bergen—would get the same amount of money under the revenue sharing bill as would Essex County. 'This may be equitable, but it is unfair,' he said."
18. Waggoner Walter H. Trenton Tops; G.O.P. Assemblymen Push for Budget Cuts", The New York Times , April 5, 1977. Accessed January 25, 2018. "A proposal for submitting the so-called voucher plan for elementary and secondary education to a binding referendum by New Jersey's voters has been introduced by Assemblyman Michael F. Adubato, Democrat of Newark, and cosponsored by 45 members of the Assembly.... The purpose of the bill is to provide each parent with a "voucher" equal to the amount the state now provides for educating its pupils — between $1,500 and $2,000. Parents would then be able to 'cash' that voucher at any school of their choice—public, private or parochial, or at one established by the parents themselves."
19. Narvaez, Alfonso A. "Federal Judge Voids Jersey's Tuition Aid", The New York Times , February 2, 1978. Accessed January 25, 2018. "A Federal District Court judge struck down as unconstitutional today a section of the state income‐tax law that permits parents of children attending nonpublic schools to take a $1,000 deduction on gross income for each child. Judge H. Curtis Meanor ruled in an eight‐page decision that the deduction violated the Federal Constitution's provision for separation of church and state. New Jersey is the only state among 45 with income taxes that had such a provision."
20. "School tax breaks overruled; Court halts parochial deduction", The Philadelphia Inquirer , February 2, 1978. Accessed January 25, 2018. "The section of the New Jersey income tax law that allows parents of private and parochial school children a $1,000 deduction for each child was ruled unconstitutional by a federal judge here yesterday.... Assemblyman Michael Adubato (D., Essex), sponsor of the unconstitutional section, said, 'The realities are that you don't have to be an expert to know that the public school systems in our country are a failure. The children are getting a much better education in the private and parochial schools than they are in the public schools,' said Adubato, who has three children in Catholic schools."
21. "New Jersey Journal", The New York Times , July 5, 1981, January 25, 2018. "The new Brendan T. Byrne Arena in the Meadowlands Sports Complex opened with a bang last week, but some people think that an arena by any other name would smell as sweet, if not sweeter.... In fact, the Governor's critics in the Legislature were so incensed over the naming of the 20,000-seat arena that they tried to have it erased.... 'Here we have a group of people appointed by Governor Byrne deciding to name the facility the Brendan T. Byrne Arena.' Mr. Adubato complained on the Assembly floor that the decision 'idolizes, sainthoods and anoints a human being.'"
22. via Associated Press. "The Region; Kean Signs Law On Auto Insurance", The New York Times , February 11, 1983. Accessed January 25, 2018. "A complex law changing the way motorists pay for automobile insurance was signed today by Governor Kean. The bill's sponsor, Assemblyman Michael F. Adubato, Democrat of Newark, had seen two previous versions of his bill vetoed by Brendan T. Byrne when he was the Governor. The law will eliminate the 'assigned risk' plan, under which 1.4 million motorists who cannot obtain insurance on their own are assigned to insurance companies."
23. Sullivan, Joseph F. "Bills Penalizing Bad Drivers Approved In Jersey", The New York Times , January 24, 1984. Accessed January 25, 2018. "One bill, an amendment to the state's car insurance system, would block a proposed $90 surcharge on all insurance policies.... The second measure would impose a $100 surcharge on fines imposed on people convicted of driving while intoxicated, to provide $4.4 million for increased police patrols.The insurance bill, which was sponsored by Assemblyman Michael F. Adubato, Democrat of Newark, also would impose a $1,000-a-year surcharge for three years on any motorist convicted of drunken driving after Jan. 1, 1983."
24. The Auditor. "Christie nominates an Adubato to the bench | The Auditor", NJ Advance Media for NJ.com, June 28, 2015. Accessed January 25, 2018."Buried half way down the list was Cranford Deputy Mayor Lisa Adubato, who was one of eight people Christie nominated for the bench in Essex County, which has a severe judge shortage. Lisa Adubato is the daughter of the late Michael Adubato, a nine-term Democratic assemblyman and brother of Newark powerbroker Steve Adubato."

External links

New Jersey General Assembly
Preceded by Newly created	Member of the New Jersey General Assembly from the 30th district January 8, 1974–January 12, 1982 Served alongside: John F. Cali, Anthony Imperiale	Succeeded by Marion Crecco John V. Kelly
Preceded by Harry A. McEnroe	Member of the New Jersey General Assembly from the 28th district January 12, 1982–January 14, 1992 Served alongside: James Zangari	Succeeded by Harry A. McEnroe James Zangari