Regular Session - April 11, 2024

                                                                   2316

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 11, 2024

11                     12:20 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JEREMY A. COONEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2317

 1                P R O C E E D I N G S

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.) 

 8                 ACTING PRESIDENT COONEY:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.  

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT COONEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, April 10, 2024, the Senate met 

17    pursuant to adjournment.  The Journal of Tuesday, 

18    April 9, 2024, was read and approved.  On motion, 

19    the Senate adjourned.

20                 ACTING PRESIDENT COONEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


                                                               2318

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Good afternoon, Senator Gianaris.

 6                 SENATOR GIANARIS:   Good afternoon, 

 7    Mr. President.  

 8                 On behalf of Senator Gounardes, on 

 9    page 38 I offer the following amendments to 

10    Calendar 699, Senate Print 99, and ask that said 

11    bill retain its place on the Third Reading 

12    Calendar.

13                 ACTING PRESIDENT COONEY:   The 

14    amendments are received, and the bill shall 

15    retain its place on the Third Reading Calendar.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   On behalf of 

18    Senator Cleare, I wish to call up Senate 

19    Print 1979, recalled from the Assembly, which is 

20    now at the desk.

21                 ACTING PRESIDENT COONEY:   The 

22    Secretary will read.  

23                 THE SECRETARY:   Calendar Number 

24    148, Senate Print 1979, by Senator Cleare, an act 

25    in relation to requiring the Empire State 


                                                               2319

 1    Development Corporation, in consultation with the 

 2    Department of Agriculture and Markets.  

 3                 SENATOR GIANARIS:   Move to 

 4    reconsider the vote by which the bill was passed.  

 5                 ACTING PRESIDENT COONEY:   The 

 6    Secretary will call the roll on reconsideration.  

 7                 (The Secretary called the roll.)

 8                 THE SECRETARY:   Ayes, 50.  

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is restored to its place on the Third Reading 

11    Calendar.

12                 SENATOR GIANARIS:   I offer the 

13    following amendments.

14                 ACTING PRESIDENT COONEY:   The 

15    amendments are received.

16                 SENATOR GIANARIS:   At this point 

17    we're going to call an immediate meeting of the 

18    Rules Committee in Room 332, and stand at ease.

19                 ACTING PRESIDENT COONEY:   There 

20    will be an immediate meeting of the 

21    Rules Committee in Room 332.  

22                 The Senate will stand at ease.

23                 (Whereupon, the Senate stood at ease 

24    at 12:22 p.m.)

25                 (Whereupon, the Senate reconvened at 


                                                               2320

 1    12:56 p.m.)

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senate will return to order.

 4                 Senator Gianaris.  

 5                 SENATOR GIANARIS:   Mr. President, 

 6    there's a report of the Rules Committee at the 

 7    desk.  Can we take that up, please.

 8                 ACTING PRESIDENT COONEY:   The 

 9    Secretary will read.

10                 THE SECRETARY:   Senator 

11    Stewart-Cousins, from the Committee on Rules, 

12    reports the following bill:

13                 Senate Print 9036, by 

14    Senator Krueger, an act making appropriations for 

15    the support of government.

16                 The bill reports direct to third 

17    reading.  

18                 SENATOR GIANARIS:   Move to accept 

19    the report of the Rules Committee.  

20                 ACTING PRESIDENT COONEY:   All those 

21    in favor of accepting the report of the 

22    Rules Committee signify by saying aye.

23                 (Response of "Aye.")

24                 ACTING PRESIDENT COONEY:   Opposed, 

25    nay.


                                                               2321

 1                 (No response.)

 2                 ACTING PRESIDENT COONEY:   The 

 3    report of the Rules Committee is accepted.  

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Please take up 

 6    the supplemental calendar.

 7                 ACTING PRESIDENT COONEY:   The 

 8    Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    792, Senate Print 9036, by Senator Krueger, an 

11    act making appropriations for the support of 

12    government.

13                 SENATOR GIANARIS:   I believe 

14    there's a message of necessity and appropriation 

15    at the desk.

16                 ACTING PRESIDENT COONEY:   There is 

17    a message of necessity and appropriation at the 

18    desk.

19                 SENATOR GIANARIS:   Move to accept 

20    the message.  

21                 ACTING PRESIDENT COONEY:   All those 

22    in favor of accepting the message please signify 

23    by saying aye.

24                 (Response of "Aye.")

25                 ACTING PRESIDENT COONEY:   Opposed, 


                                                               2322

 1    nay.

 2                 (Response of "Nay.")

 3                 ACTING PRESIDENT COONEY:   The 

 4    message is accepted.

 5                 The bill is before the house.

 6                 SENATOR LANZA:   Lay it aside.

 7                 ACTING PRESIDENT COONEY:   The bill 

 8    is laid aside.

 9                 Senator Gianaris, that completes the 

10    reading of the supplemental calendar.

11                 SENATOR GIANARIS:   On to the 

12    controversial calendar, please.

13                 ACTING PRESIDENT COONEY:   The 

14    Secretary will ring the bell.

15                 The Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    792, Senate Print 9036, by Senator Krueger, an 

18    act making appropriations for the support of 

19    government.

20                 ACTING PRESIDENT COONEY:   Senator 

21    Lanza, why do you rise? 

22                 SENATOR O'MARA:   (Standing.)  Or 

23    O'Mara, either one.

24                 (Laughter.)

25                 ACTING PRESIDENT COONEY:   I'm 


                                                               2323

 1    sorry.  My apologies, Senator O'Mara.  

 2                 (Inaudible overtalk.)

 3                 ACTING PRESIDENT COONEY:   Senator 

 4    O'Mara, why do you rise?

 5                 (Inaudible overtalk.)

 6                 SENATOR O'MARA:   -- trust me.

 7                 (Laughter.)

 8                 SENATOR O'MARA:   Mr. President, 

 9    will Senator Krueger yield for a couple of 

10    questions on this.

11                 ACTING PRESIDENT COONEY:   Will 

12    Senator Krueger yield?

13                 Senator Krueger yields.

14                 SENATOR KRUEGER:   I'll be 

15    Senator Krueger, yes, thank you.  

16                 (Laughter.)

17                 SENATOR O'MARA:   Okay.  Senator, we 

18    have yet another extender before us here today on 

19    April 11th.  So the budget is now officially 

20    10 days late.  What does this extender do for us 

21    today?  

22                 SENATOR KRUEGER:   Continues to make 

23    sure all of the payments are made and people get 

24    paid through April 15th.  

25                 So it's pretty much the one we did 


                                                               2324

 1    earlier in the week, extending till Monday the 

 2    15th.

 3                 SENATOR O'MARA:   Through you, 

 4    Mr. President, if the Senator will yield.

 5                 ACTING PRESIDENT COONEY:   Will the 

 6    sponsor yield?

 7                 SENATOR KRUEGER:   Yes, I will.

 8                 ACTING PRESIDENT COONEY:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   My understanding, 

11    Senator Krueger, was that the extender we did 

12    earlier this week really covered payrolls through 

13    next Tuesday for next week's payroll.  And this 

14    extender really doesn't add anything towards 

15    payrolls, it continues some programs that might 

16    have ended.

17                 SENATOR KRUEGER:   It does cover 

18    payroll for some specific programs of the state.

19                 So the extender we did earlier in 

20    the week covered payroll for state workers, and 

21    this ensures continuing pay for an assortment of 

22    programs that contract through the state such as 

23    the WIC program, the Indian Health Program, the 

24    Department of Labor for the continuation of UIB 

25    benefits, Homeless Veterans Housing Program, and 


                                                               2325

 1    some nonpersonnel service payments as well.

 2                 SENATOR O'MARA:   Thank you, 

 3    Senator.

 4                 Through you, Mr. President, if the 

 5    Senator will continue to yield.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    Senator yield?  

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT COONEY:   The 

10    Senator yields.

11                 SENATOR O'MARA:   And what's the 

12    total of the appropriation in this extender?  

13                 SENATOR KRUEGER:   One-point-three 

14    billion, to meet payroll costs and allow certain 

15    payments for, again, a number of categories of 

16    programs, including the Judiciary, the 

17    Legislature -- not us, but the staff -- the 

18    Department of Health Supplemental Nutrition WIC 

19    program, as I just said, Department of Labor, 

20    Department of Veterans Affairs.

21                 SENATOR O'MARA:   Thank you.  

22                 Mr. President, if the Senator will 

23    continue to yield.

24                 ACTING PRESIDENT COONEY:   Will the 

25    Senator yield?  


                                                               2326

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senator yields.

 4                 SENATOR O'MARA:   Senator, we've 

 5    heard a lot of talk in the hallways, at least, 

 6    about table targets being out there.  What can 

 7    you tell us about the status of table targets?  

 8                 SENATOR KRUEGER:   I don't think 

 9    there's been any formal announcement of table 

10    targets at this time.  

11                 I believe that there still is an 

12    intention to have those.  Obviously nothing is 

13    going as quickly as we all hoped, since it is 

14    April 10th -- is it 11th or 10th?

15                 SENATOR O'MARA:   11th.

16                 SENATOR KRUEGER:   Eleventh.  It is 

17    April 11th, and we still are not at that point.

18                 SENATOR O'MARA:   Mr. President, if 

19    the Senator will continue to yield.

20                 ACTING PRESIDENT COONEY:   Will the 

21    Senator yield?  

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT COONEY:   The 

24    Senator yields.

25                 SENATOR O'MARA:   So without a 


                                                               2327

 1    budget being in place by next Tuesday, we will 

 2    have to do another extender on Tuesday or on 

 3    Monday?  

 4                 SENATOR KRUEGER:   I believe this 

 5    only goes through Monday.

 6                 SENATOR O'MARA:   So we'll have to 

 7    do an extender on Tuesday?  Or do it on Monday?  

 8                 SENATOR KRUEGER:   I believe that 

 9    would be an extender on Monday.

10                 SENATOR O'MARA:   Okay, thank you.

11                 SENATOR KRUEGER:   You're welcome.

12                 SENATOR O'MARA:   On the bill, 

13    Mr. President.

14                 ACTING PRESIDENT COONEY:   Senator 

15    O'Mara on the bill.

16                 SENATOR O'MARA:   Yeah.  You know, 

17    here we are, 10 days late, really no further 

18    progress on the budget that anybody is aware 

19    of -- certainly not the public -- since Monday or 

20    Tuesday of this week when we did the last 

21    extender.  You know, even the -- you know, the 

22    media isn't even calling this a late budget at 

23    this point.  

24                 You know, back when I remember that 

25    Republicans were part of this equation of 


                                                               2328

 1    three-men-in-a-room, on April 2nd the budget was 

 2    late and the media was raising hell about it.  

 3                 But now they report it as an 

 4    extended deadline, so the budget deadline has 

 5    been extended.

 6                 So based on that, we're now -- and 

 7    the budget's still due April 1st, so apparently 

 8    we're at March 42nd.  And by the time we get here 

 9    next week to do the next extender, we'll be at I 

10    think March 47th, and we'll go on from there.

11                 But budget is late.  I asked about 

12    table targets because we set up these budget 

13    subcommittees.  Those committees have not met 

14    since Day 1 of the budget discussions, after the 

15    one-house budgets came out.  The day after, I 

16    believe, they met.

17                 And there's been no further 

18    meetings.  The tables, the various subject matter 

19    areas of the budget don't have any targets to 

20    talk about.  They haven't met.  It will be 

21    interesting to see whether they ultimately do 

22    meet, when they do get table targets, and do 

23    anything of substance.

24                 So, you know, this is -- this is not 

25    the way we should be running state government.  


                                                               2329

 1    There certainly should be more transparency and 

 2    openness with the public, with the taxpayers of 

 3    New York State on where this budget stands.  And 

 4    we should be working far more diligently to get 

 5    this job done rather than just extending the 

 6    budget deadline.

 7                 Thank you, Mr. President.

 8                 ACTING PRESIDENT COONEY:   Thank 

 9    you, Senator O'Mara.

10                 Senator Borrello on the bill.

11                 SENATOR BORRELLO:   Thank you, 

12    Mr. President.

13                 You know, we're late on this budget, 

14    but it's really not because of numbers.  It's not 

15    because of the finances of the state.  It's 

16    because of controversial policy that is included 

17    in this budget, things that we cannot get 

18    agreement on.  I think that's the problem here, 

19    folks.  

20                 In local government, county 

21    government, you do a budget and it's about the 

22    finances of the state, your projections of 

23    revenue and what you're going to spend.  That's 

24    what the budget should be about.  

25                 And if it were, I suspect we would 


                                                               2330

 1    probably have an on-time budget.  Instead, we're 

 2    hiding controversial policy within the cracks and 

 3    crevices of this very large document.  

 4                 That's why I'm very proud to support 

 5    Senator Fernandez in Bill 2062, a bipartisan bill 

 6    with a lot of support from my colleagues here on  

 7    this side of the aisle that would remove policy 

 8    from the budget process and hold people 

 9    accountable for making sure the finances are the 

10    first and only concern when we discuss and vote 

11    on a budget.

12                 So I'll be supporting this extender 

13    because it's important to folks that rely on 

14    these finances to be extended.  But the bottom 

15    line is there should be no policy in the budget.  

16    And there's a large contingent on both sides of 

17    the aisle that believe that should be the case.

18                 Thank you, Mr. President.

19                 ACTING PRESIDENT COONEY:   Thank 

20    you, Senator.

21                 Senator Tedisco on the bill.

22                 SENATOR TEDISCO:   Thank you, 

23    Mr. President.  On the extender.  

24                 Mr. President, Monday we had a kind 

25    of unique day.  It was what they call an eclipse.  


                                                               2331

 1    The moon carried right in front of the sun, and 

 2    we had total darkness.  

 3                 Now, I never thought -- because they 

 4    said it would take 24 years to have the second 

 5    eclipse, I never thought we'd see the second 

 6    eclipse so soon.  Because it's happening right 

 7    here on the New York State budget right now -- 

 8    total darkness.  Ten days late.  You'll be 

 9    15 days late.  You were over 30 days late last 

10    year.

11                 I want to give you a message from my 

12    constituents.  They don't want extenders.  And 

13    the last thing they want to hear, and we'll be 

14    ready for it shortly -- and if I had a quarter 

15    for every time I heard that from your side of the 

16    aisle -- it's better to have a good late budget 

17    than a bad on-time budget.

18                 Well, I'll give you the message from 

19    my constituents.  They don't want a good late 

20    budget.  The Constitution says April 1st is a 

21    mandate.  It's a law.  And I know Mr. Heastie 

22    said that penalties don't help us, penalties for 

23    laws.  And we can legalize all crimes and have no 

24    data on crimes.  Just legalize it.  Stop signs, 

25    go through them.  Red lights, go through.  But 


                                                               2332

 1    people stop for signs and red lights because 

 2    there's penalties.  

 3                 But there doesn't seem to be any 

 4    penalty for what's taking place here.  First time 

 5    in 40 years.

 6                 So my constituents want to say to 

 7    you, nobody in the 44th Senatorial District, 

 8    nobody -- I really believe this -- goes to work, 

 9    sits there, has a deadline for arguably doing the 

10    most important job they're expected to do when 

11    they were hired, expects to get paid on that day, 

12    let alone have a job the next day.

13                 But the eclipse tells us today, so 

14    if you want the best view, if you're listening 

15    here, the media or my constituents, come here, 

16    because the eclipse is happening over and over, 

17    total darkness on a budget process that we're 

18    mandated to accomplish, by the New York State 

19    Constitution, April 1st.  

20                 Yeah, it's way past that now.  It 

21    was way past that last year.  And unfortunately, 

22    this is an important extender because we have to 

23    pay people.  But the only reason why we have to 

24    vote for this now is because non-for-profits and 

25    our workers are not going to get paid.  


                                                               2333

 1                 But our constituents don't want 

 2    extender after extender.  What they want is an 

 3    on-time, balanced budget.  The Senate's in 

 4    control by you, the Assembly's in control by your 

 5    affiliation, and the Governor.  Nobody else to 

 6    blame but you.  Can't point to this side anymore.  

 7    It's you.  

 8                 And please, you can say it's better 

 9    to have a late budget, but they want an on-time 

10    budget and they want it balanced.  And that's 

11    your obligation.  

12                 And I know we were blaming each 

13    other for many years.  You had two parts; we had 

14    one.  We had two parts, you had your -- yeah, 

15    there's no time to blame anybody now.  The 

16    constituents don't want blame, they want to get 

17    it done.  

18                 So let's get it done by next week, 

19    when we come back.  Let's work right through, get 

20    it all set to go just like my constituents are 

21    going to work.  

22                 So on that, I'll have to support 

23    this because we have to pay our bills.  But we 

24    don't need another eclipse.  We already had one; 

25    it was exciting.  Let's just do our budget.  


                                                               2334

 1    Let's just do our job.

 2                 ACTING PRESIDENT COONEY:   Thank 

 3    you, Senator.

 4                 Are there any other Senators wishing 

 5    to be heard?

 6                 Seeing and hearing none, the debate 

 7    is closed.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Mr. President, 

10    we've agreed to restore this bill to the 

11    noncontroversial calendar.

12                 ACTING PRESIDENT COONEY:   The bill 

13    is restored to the noncontroversial calendar.

14                 Read the last section.  

15                 THE SECRETARY:   Section 11.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT COONEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT COONEY:   Senator 

21    Krueger to explain her vote.

22                 SENATOR KRUEGER:   Thank you, 

23    colleagues.  I hear the frustration in the room.  

24    I think everybody is suffering from some 

25    frustration.  


                                                               2335

 1                 I don't agree with my dear friend 

 2    Jim Tedisco.  I never hear from a constituent 

 3    they're worried about a late budget.  They do 

 4    want a good budget.  I want a good budget.  We 

 5    all want a good budget.  We might have different 

 6    interpretations of that.  

 7                 But as long as we are paying our 

 8    bills, we are assuring people that the government 

 9    of New York State continues to operate, there is 

10    no interference in any issue or work that needs 

11    to be done -- I actually think our constituents 

12    probably are talking to us about specific issues 

13    in the budget that they hope are in the final 

14    budget, or they hope are not in.  And I think 

15    that's exactly what we are trying to do.

16                 It's an interesting question.  Can 

17    you do a budget completely pure of policy?  You 

18    probably can't.  

19                 But to address another issue raised 

20    here, I also agree there's too much policy in 

21    this budget.  We actually have worked to try to 

22    remove any number of issues that we don't think 

23    should be in the budget because (A) they don't 

24    have a budget impact and (B) they get short 

25    shrift when they are done in the middle of 


                                                               2336

 1    10 major bills filled with money issues.

 2                 So I do agree with those who think 

 3    that there's too much policy in this budget.  I 

 4    will have to take a look at the bill to see 

 5    whether I could support a bill that had no policy 

 6    in it, at least as it was described.

 7                 And as far as we're not having 

 8    events and we're not having a lot of public 

 9    discussion, you know, I've been here twenty -- 

10    this will be, I guess, the 23rd session.  

11    Nobody's ever done the budget in public 

12    discussions.  And I've heard it said over and 

13    over again, it doesn't work that way.

14                 I don't know, sincerely, whether 

15    there's any legislative body or executive process 

16    in any state where the budget negotiations are 

17    done in public.  I just don't think that I'm 

18    going to see this town do it this year.

19                 And so we are in the process we are 

20    in.  We are trying to get the best budget we can 

21    out of it.  And I am still hopeful, frankly, that 

22    next week might be the right week for this.  But 

23    it might not be.  

24                 So thank you very much.  I vote yes, 

25    and I urge everyone to vote yes.  Because 


                                                               2337

 1    whatever your frustrations and opinions about the 

 2    process and what's there and what's not in there, 

 3    I think what our constituents do want to see from 

 4    us today is a guarantee that state government 

 5    will continue and that people will get paid, and 

 6    that that is the biggest question we might face 

 7    if we don't vote yes on this today.

 8                 Thank you, Mr. President.

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Krueger to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   Ayes, 58.

13                 ACTING PRESIDENT COONEY:   The bill 

14    is passed.

15                 Senator Gianaris, that completes the 

16    reading of today's supplemental calendar.  

17                 SENATOR GIANARIS:   Is there any 

18    further business at the desk?  

19                 ACTING PRESIDENT COONEY:   There is 

20    no further business at the desk.

21                 SENATOR GIANARIS:   I move to 

22    adjourn until Monday, April 15th, at 3:00 p.m., 

23    intervening days being legislative days.

24                 ACTING PRESIDENT COONEY:   On 

25    motion, the Senate stands adjourned until Monday, 


                                                               2338

 1    April 15th, at 3:00 p.m., with the intervening 

 2    days being legislative days.

 3                 (Whereupon, at 1:12 p.m., the Senate 

 4    adjourned.)

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