Regular Session - March 31, 2023

                                                                   2106

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 31, 2023

11                     12:18 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2107

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

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    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 MAYER:   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 MAYER:   Reading of 

14    the Journal.

15                 THE SECRETARY:   In Senate, 

16    Thursday, March 30, 2023, the Senate met pursuant 

17    to adjournment.  The Journal of Wednesday, 

18    March 29, 2023, was read and approved.  On 

19    motion, the Senate adjourned.

20                 ACTING PRESIDENT MAYER:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Stavisky 


                                                               2108

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 1060A and substitute it for 

 3    the identical Senate Bill 1043A, Third Reading 

 4    Calendar 153.

 5                 Senator Krueger moves to discharge, 

 6    from the Committee on Finance, Assembly Bill 

 7    Number 3002 and substitute it for the identical 

 8    Senate Bill 4002, Third Reading Calendar 587.

 9                 ACTING PRESIDENT MAYER:   So 

10    ordered.

11                 Messages from the Governor.

12                 Reports of standing committees.

13                 Reports of select committees.

14                 Communications and reports from 

15    state officers.

16                 Motions and resolutions.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Good afternoon, 

19    Madam President.  

20                 Amendments are offered to the 

21    following Third Reading Calendar bills:  

22                 By Senator Parker, Calendar Number 

23    233, Senate Print 2474;

24                 By Senator Comrie, Calendar Number 

25    447, Senate Print 630.


                                                               2109

 1                 ACTING PRESIDENT MAYER:   The 

 2    amendments are received, and the bills will 

 3    retain their place on the Third Reading Calendar.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Can we now take 

 6    up previously adopted Resolution 605, by 

 7    Senator Bailey, read that resolution's title, and 

 8    recognize Senator Bailey.  

 9                 ACTING PRESIDENT MAYER:   The 

10    Secretary will read.

11                 THE SECRETARY:   Senate Resolution 

12    605, by Senator Bailey, mourning the death of 

13    Bobby Caldwell, music industry icon, brilliant 

14    artist, and inspiration to millions around the 

15    world.

16                 ACTING PRESIDENT MAYER:   Senator 

17    Bailey on the resolution.

18                 SENATOR BAILEY:   Thank you, 

19    Madam President.  

20                 "What You Won't Do For Love" -- it's 

21    a statement.  One of the best love songs of all 

22    time by one of my favorite artists of all time, 

23    Bobby Caldwell.  We lost him last week.  

24                 But there's a really interesting 

25    story about Bobby Caldwell.  You know, Bobby 


                                                               2110

 1    Caldwell was a world-renowned artist who made a 

 2    lot of incredible music, but he was what they 

 3    called a "blue-eyed soul" singer.  And "blue-eyed 

 4    soul," for those of you who don't know, is when 

 5    soul music is sung by people who are not 

 6    necessarily African-American, Madam President.  

 7                 And music is one of those things 

 8    that can unify all of us, regardless of what we 

 9    look like.  And I think Bobby Caldwell teaches us 

10    never to judge a book by its cover.  Because the 

11    story is, as legend would have it -- but actually 

12    as it would be true -- is that the record 

13    executives did not think that Black audiences 

14    would like Bobby Caldwell because he was a white 

15    man.  But he sung with such soul.  

16                 So when his album came out, they 

17    took a picture of him that he liked, and they 

18    actually had a silhouette of him, so that you 

19    would not be able to tell whether -- that he was 

20    not an African-American.  And as legend would 

21    have it, he went to a concert and the audience 

22    was stunned that Bobby Caldwell in fact was not 

23    Black.

24                 But again, Madam President, it shows 

25    that soul is soul.  And if you have it in your 


                                                               2111

 1    soul, it doesn't matter what you look like or 

 2    where you come from.  Because "What You Won't Do 

 3    For Love" is one of the greatest songs of all 

 4    time.  And one of our also dearly departed 

 5    artists, DMX -- hailing from your town of 

 6    Yonkers, New York, Madam President -- "What You 

 7    Won't Do For Love" was DMX's favorite song.  And 

 8    he would sing it at karaoke places.  It's been 

 9    world-renowned on the internet.  It's pretty 

10    awesome.  

11                 And I speak about hip-hop -- Bobby 

12    Caldwell was sampled by so many artists in using 

13    interpolations of his music.  And he continues to 

14    live on in -- on a humorous note, there's a 

15    comedian called KevOnStage, and he did a bit 

16    about the day that he found out that Bobby 

17    Caldwell in fact wasn't Black, that he almost 

18    called out of work because it was so shocking and 

19    so surprising.  

20                 (Laughter.)

21                 SENATOR BAILEY:   But we shouldn't 

22    be surprised that music has the transformative 

23    power to change lives and to change perceptions 

24    of individuals.  And sometimes maybe it takes 

25    that silhouette for us to realize that we all 


                                                               2112

 1    have common ground that we can build upon.

 2                 The last thing I'll say is that the 

 3    week before -- excuse me, that same day -- the 

 4    day before Bobby Caldwell died on Tuesday, I was 

 5    coming up here on Monday and I was listening to 

 6    shuffle, and it had Bobby Caldwell's song "Open 

 7    Your Eyes," which was sampled by the artist 

 8    Common in his song "The Light."  And may we all 

 9    open our eyes to the great wizardry of 

10    Bobby Caldwell, who left us far too soon.  

11                 And, you know, I'll rap on the floor 

12    but I'll never sing on the floor, 

13    Madam President, but "What You Won't Do for Love" 

14    is one of the most incredible love songs ever.  

15    If you've never heard of it, I would implore you 

16    to go to whatever streaming service that it is 

17    that you have -- or if you have the vinyl, it 

18    sounds even clearer and cleaner.  

19                 But thank you, Madam President.  I 

20    vote aye.

21                 ACTING PRESIDENT MAYER:   Thank you, 

22    Senator Bailey.

23                 The resolution was previously 

24    adopted on March 28th.

25                 Senator Gianaris.


                                                               2113

 1                 SENATOR GIANARIS:   Can we now move 

 2    on to previously adopted Resolution 614, also by 

 3    Senator Bailey, read that resolution's title, and 

 4    once again recognize Senator Bailey.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Secretary will read.

 7                 THE SECRETARY:   Senate Resolution 

 8    614, by Senator Bailey, mourning the death of 

 9    Willis Reed, legendary Hall of Fame Center for 

10    the Championship New York Knicks, celebrated 

11    NBA All-Star, MVP, and Captain.

12                 ACTING PRESIDENT MAYER:   Senator 

13    Bailey on the resolution.

14                 SENATOR BAILEY:   Thank you, 

15    Madam President.  This is my Tim Kennedy 

16    impression.  

17                 (Laughter.)

18                 SENATOR BAILEY:   Where's TK?  

19    Where's TK?  

20                 (Laughter.) 

21                 SENATOR BAILEY:   Oh, man.  

22                 But 50 years ago, if you know -- if 

23    you know anything about me, you know I love rap 

24    music and you know I love the New York Knicks.  

25    And it's been 50 years since we won our last 


                                                               2114

 1    championship.  I think we're going to win it this 

 2    year, Madam President.  I hope so.  Hope springs 

 3    eternal.  

 4                 But one of the driving forces in the 

 5    1970 and 1972 championships was The Captain, 

 6    Willis Reed.  We lost him a couple of weeks ago.  

 7    One of the most pivotal moments of like Knick fan 

 8    lore, or fandom -- even though I wasn't around, I 

 9    read about it -- was in Game 7 of the 1970 

10    championship.  See, Game 6 he had sustained a 

11    severe injury to his thigh.  It was later found 

12    out that it was going to be a tear of his thigh.  

13    And they did not think that Willis would be able 

14    to play, much less play successfully.  

15                 Willis limped out on the court to 

16    one of the most raucous crowd noises ever in 

17    Madison Square Garden, the world's most famous 

18    arena, and he scored the first two baskets of the 

19    game.  And rarely ever would you say that four 

20    points in a basketball game would change the 

21    course of not just a game, not just a series, but 

22    history.  But Willis Reed's two buckets in the 

23    opening minutes of that game changed the 

24    trajectory of the New York Knick franchise.  

25                 He played 27 minutes in that game, 


                                                               2115

 1    and he didn't have the greatest stat line, but 

 2    the fact that the intangible thing that 

 3    happened -- (child screaming in balcony) -- maybe 

 4    there are some Celtic fans or Brooklyn Nets fans 

 5    here -- 

 6                 (Laughter.)

 7                 SENATOR BAILEY:   And I understand, 

 8    I understand.  

 9                 (Laughter.)

10                 SENATOR BAILEY:   You know, but this 

11    is the Knicks' year, so.

12                 But Willis Reed was affectionately 

13    known as The Captain.  And sometimes when you're 

14    in a leadership position, you don't have to have 

15    the greatest stat lines.  You don't have to score 

16    the most points or get the most rebounds or the 

17    most assists.  Just your presence sometimes will 

18    inspire those.  

19                 And I think Willis Reed's 

20    presence -- and I would say I know Willis Reed's 

21    presence, by virtue of the interviews that have 

22    happened since, with other legends like Walt 

23    "Clyde" Frazier and Earl "The Pearl" Monroe and 

24    Dave DeBusschere and Bill Bradley and so many 

25    other Knick legends.  And they said that 


                                                               2116

 1    Willis Reed's presence on the court that day gave 

 2    them a rush, that they knew that they can beat 

 3    those Lakers.  Those Lakers that were anchored by 

 4    one of the greatest also of all time, Wilt 

 5    Chamberlain.  And that team was no -- there were 

 6    no slouches.  And so for Willis Reed to be able 

 7    to play and do that was incredible.  

 8                 He had a -- he went on to coach, he 

 9    went on to be an executive in the front office 

10    with the New York Knicks, and he did a lot of 

11    community, you know, give-backs in his time.  But 

12    I would just say that, you know, he -- you know, 

13    sometimes in this town -- New York City is, I 

14    think, the greatest sports town ever.  And I 

15    happen to believe that when the New York Knicks 

16    are good, there is nothing like it in the entire 

17    city.  And we've been waiting 50 years for a 

18    championship in New York City, and I'm hopeful 

19    that when we get that, there's going to be 

20    somebody else who rises to the occasion like 

21    The Captain did.

22                 So may God bless the memory of 

23    Willis Reed, No. 19, born out of Louisiana, went 

24    to an HBCU, historically Black college or 

25    university -- you know, very important to note 


                                                               2117

 1    that.  And Willis, you know, if you're a 

 2    Knick fan, you know that No. 19, The Captain, 

 3    he's going to live forever in Knick fan lore.  

 4    And maybe when we win the championship and we go 

 5    on to -- go to the Canyon of Heroes soon, 

 6    Madam President, we can hold up a banner in his 

 7    honor.  

 8                 Thank you, Madam President.

 9                 ACTING PRESIDENT MAYER:   Thank you, 

10    Senator Bailey.

11                 Senator Sepúlveda on the resolution.

12                 SENATOR SEPÚLVEDA:   Thank you, 

13    Madam President, for allowing me to speak on this 

14    resolution.

15                 I remember -- first of all, I have 

16    nothing but the utmost respect for my colleague 

17    on his choice of the Knicks.  I question his 

18    choice on baseball, being a New York Mets fan, 

19    but that's for another discussion.

20                 (Laughter.)

21                 SENATOR SEPÚLVEDA:   I remember 

22    being six years old in 1970 and walking into the 

23    living room, where they had the black-and-white 

24    TVs, and my uncles screaming at the top of their 

25    lungs because some guy named Willis Reed was 


                                                               2118

 1    coming back into the game -- I remember Wilt 

 2    Chamberlain apparently had 45 points, 27 rebounds 

 3    in Game 6 -- so he went to the coach and says 

 4    "Put me in no matter what."  

 5                 It was at that moment that I fell in 

 6    love with the game of basketball.  And I was so 

 7    honored when the Knicks won again in 1973.  

 8                 But I don't think many people know 

 9    that Willis Reed was also Rookie of the Year, he 

10    was an MVP, and he was an executive in 

11    basketball, one of the first ones, and also a 

12    person who fought for civil rights and social 

13    justice throughout his entire life.  

14                 And so I have nothing but the utmost 

15    respect for Willis Reed.  He will always live in 

16    Knick lore, and hopefully the Knicks in the 

17    immediate future will win the title, although I'm 

18    not too hopeful.

19                 Thank you.  

20                 ACTING PRESIDENT MAYER:   Thank you, 

21    Senator Sepúlveda.

22                 The resolution was previously 

23    adopted on March 28th.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Thank you, 


                                                               2119

 1    Madam President.  

 2                 To correct the record, 

 3    Senator Bailey has the best taste in sports teams 

 4    of all sports.  

 5                 (Laughter.)

 6                 SENATOR GIANARIS:   And I know he 

 7    would like to open these resolutions for 

 8    cosponsorship, Madam President.

 9                 ACTING PRESIDENT MAYER:   The 

10    resolutions are open for cosponsorship.  Should 

11    you choose not to be a cosponsor on the 

12    resolutions, please notify the desk.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Please take up 

15    the reading of the calendar.

16                 ACTING PRESIDENT MAYER:   The 

17    Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    153, Assembly Print Number 1060A, by 

20    Assemblymember Paulin, an act to amend the 

21    Education Law and the Public Health Law.

22                 ACTING PRESIDENT MAYER:   Read the 

23    last section.

24                 THE SECRETARY:   Section 6.  This 

25    act shall take effect 18 months after it shall 


                                                               2120

 1    have become a law.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Canzoneri-Fitzpatrick to explain her vote.

 7                 SENATOR CANZONERI-FITZPATRICK:   

 8    Thank you, Madam President.  

 9                 I have some concerns regarding this 

10    bill.  I understand the purpose, and I do applaud 

11    that.  However, as a mom of four who -- you know, 

12    we have various health issues that are 

13    contraindicated by some of these drugs that are 

14    being able to be prescribed.  And the scenario 

15    that I can see is that a minor could go to a 

16    pharmacist and get hormone replacement drugs or 

17    hormone contraceptives and then not have the -- 

18    and opt out of the ability for the pharmacist to 

19    consult with their primary care physician.  

20                 Some of these drugs have, you know, 

21    blood-clotting issues and other 

22    contraindications.  And without the ability for a 

23    pharmacist to then consult with a primary care 

24    physician, I think we're putting our minors in 

25    great jeopardy to have other medical 


                                                               2121

 1    contraindications.  

 2                 So for that reason, I'm voting no on 

 3    this bill.  Thank you.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Canzoneri-Fitzpatrick to be recorded in the 

 6    negative.

 7                 Senator Stavisky to explain her 

 8    vote.

 9                 SENATOR STAVISKY:   Yes, thank you, 

10    Madam President.

11                 In response, let me just say that 

12    with the repeal of Roe v. Wade, there has to be 

13    an opportunity for women to access birth control, 

14    and this is one method.  

15                 There are a lot of safeguards in 

16    this legislation.  For example, the pharmacist, 

17    when he dispenses the drugs, has to do a 

18    self-screening questionnaire for the client, for 

19    the patient to fill out.  There are additional 

20    safeguards.  He must within 72 hours refer the 

21    patient to her primary care provider.  And if 

22    there is none -- and he notifies the primary care 

23    provider.  

24                 There are a lot of safeguards.  The 

25    most important one, I think, is that he can 


                                                               2122

 1    refuse to fill the prescription.

 2                 So for all of these reasons, 

 3    Madam President, I vote aye.

 4                 ACTING PRESIDENT MAYER:   Senator 

 5    Stavisky to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 153, those Senators voting in the 

 9    negative are Senators Borrello, 

10    Canzoneri-Fitzpatrick, Gallivan, Griffo, Lanza, 

11    Mattera, Murray, Oberacker, O'Mara, Ortt, Rhoads, 

12    Stec, Tedisco, Walczyk.  Also Senator Martinez.  

13                 Ayes, 48.  Nays, 15.

14                 ACTING PRESIDENT MAYER:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    265, Senate Print 527, by Senator Thomas, an act 

18    to amend the Vehicle and Traffic Law.

19                 ACTING PRESIDENT MAYER:   Read the 

20    last section.

21                 THE SECRETARY:   Section 5.  This 

22    act shall take effect on the 30th day after it 

23    shall have become a law.

24                 ACTING PRESIDENT MAYER:   Call the 

25    roll.


                                                               2123

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT MAYER:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar Number 265, voting in the negative:  

 6    Senator Walczyk.  

 7                 Ayes, 62.  Nays, 1.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    349, Senate Print 2796, by Senator Breslin, an 

12    act to amend the Insurance Law.

13                 ACTING PRESIDENT MAYER:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.  

17                 ACTING PRESIDENT MAYER:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT MAYER:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT MAYER:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               2124

 1    408, Senate Print 2088, by Senator Kavanagh, an 

 2    act to amend the General Obligations Law.

 3                 ACTING PRESIDENT MAYER:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT MAYER:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT MAYER:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 408, those Senators voting in the 

14    negative are Senators Ashby, Borrello, 

15    Canzoneri-Fitzpatrick, Gallivan, Griffo, Lanza, 

16    Martins, Mattera, Murray, Oberacker, O'Mara, 

17    Ortt, Palumbo, Rhoads, Rolison, Skoufis, Stec, 

18    Tedisco, Walczyk, Weber and Weik.

19                 Ayes, 42.  Nays, 21.

20                 ACTING PRESIDENT MAYER:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    439, Senate Print 2820, by Senator Skoufis, an 

24    act to amend the Highway Law.

25                 ACTING PRESIDENT MAYER:   Read the 


                                                               2125

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect immediately.  

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar Number 439, voting in the negative:  

11    Senator Brisport.

12                 Ayes, 62.  Nays, 1.

13                 ACTING PRESIDENT MAYER:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    459, Senate Print 945, by Senator Gianaris, an 

17    act to amend the Election Law.

18                 ACTING PRESIDENT MAYER:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               2126

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 459, those Senators voting in the 

 4    negative are Senators Borrello, 

 5    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 6    Lanza, Martins, Mattera, Murray, Oberacker, 

 7    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

 8    Tedisco, Walczyk, Weber and Weik.

 9                 Ayes, 43.  Nays, 20.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    488, Senate Print 4742A, by Senator Cooney, an 

14    act to amend the Alcoholic Beverage Control Law.

15                 ACTING PRESIDENT MAYER:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect on the 60th day after it 

19    shall have become a law.

20                 ACTING PRESIDENT MAYER:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT MAYER:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 63.


                                                               2127

 1                 ACTING PRESIDENT MAYER:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    498, Senate Print 3392, by Senator May, an act to 

 5    amend the Elder Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Senator 

14    May to explain her vote.

15                 SENATOR MAY:   Thank you, 

16    Madam President.

17                 And I want to thank my colleagues.  

18    I want to thank the Aging chair for having 

19    brought this bill forward.

20                 Naturally occurring retirement 

21    communities, or NORCs, are a wonderful New York 

22    State invention.  They started in some of the big 

23    high-rise apartment buildings in New York City, 

24    where a lot of families moved in at the same time 

25    when the buildings were built, and then they aged 


                                                               2128

 1    together in those buildings.  And eventually you 

 2    had a critical mass of people who were fairly 

 3    elderly and in need of services of various kinds.  

 4    And rather than moving them all to other kinds of 

 5    retirement communities, they banded together and 

 6    got services right there in their buildings.  

 7                 And we in this state codified this 

 8    into law as a -- as something we were going to 

 9    support.  And it expanded to something called 

10    Neighborhood NORCs as well.  So there are some 

11    residential developments upstate that have been 

12    designated as NORCs.  But in a city like mine, 

13    where we don't have high-rise apartment 

14    buildings, we have smaller apartment buildings, 

15    it's harder to create a NORC by the way the 

16    statute is created.

17                 So I am very proud that we are now 

18    opening this innovation, this wonderful New York 

19    tradition, to some of our smaller cities and 

20    communities all across the state that may look a 

21    little different from the communities where they 

22    originally started. 

23                 So I am very pleased that we are 

24    passing this today, and excited that this 

25    opportunity will be available to seniors across 


                                                               2129

 1    this state.  

 2                 And I vote aye.  Thank you.

 3                 ACTING PRESIDENT MAYER:   Senator 

 4    May to be recorded in the affirmative.

 5                 Senator Cleare to explain her vote.

 6                 SENATOR CLEARE:   Thank you, 

 7    Madam President.  

 8                 I want to thank Senator May for this 

 9    very important bill.  

10                 And I rise not only to commend us 

11    for passing this out of my committee, because it 

12    will expand what NORCs are considered to be, but 

13    also it provides standards for the winding down 

14    of NORC communities to make sure that people are 

15    not left without services.  And you know, we're 

16    going to be informing residents where they can 

17    get commensurate supportive services.  

18                 I think it's so important that we 

19    help our seniors age in place, help them stay in 

20    the neighborhoods that they know and they're 

21    familiar with.  So I am very happy to support 

22    this bill, and I proudly vote aye and ask 

23    everyone else to do the same.  

24                 Thank you.  Thank you, Senator May.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               2130

 1    Cleare to be recorded in the affirmative.  

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT MAYER:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    525, Senate Print 4790, by Senator Rivera, an act 

 8    to amend the Social Services Law.

 9                 ACTING PRESIDENT MAYER:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect on the 180th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT MAYER:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT MAYER:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 525, those Senators voting in the 

21    negative are Senators Borrello, Rhoads and 

22    Walczyk.

23                 Ayes, 60.  Nays, 3.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               2131

 1                 THE SECRETARY:   Calendar Number 

 2    535, Senate Print 4505A, by Senator Liu, an act 

 3    to amend the Education Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Senator 

12    Chu to explain her vote.

13                 SENATOR CHU:   Thank you, 

14    Madam President.

15                 I would like to thank Senator Liu 

16    for introducing this important piece of 

17    legislation that acknowledges and respects the 

18    diversity of students throughout the State of 

19    New York.

20                 Our state is made up of various 

21    cultures, religions and experiences, and that's 

22    the beauty of New York.  And that's why it is so 

23    important to protect those who have been 

24    historically targeted for their religious 

25    practice.  


                                                               2132

 1                 Schools are a place of learning and 

 2    fostering positive environments, but for some 

 3    this is not the reality.  And it is our 

 4    responsibility to change that for the better.  

 5    Particularly as we are in the middle of Ramadan, 

 6    we seek to respect the observance of these 

 7    students and ensure that they are protected from 

 8    all forms of discrimination.  

 9                 And I'm proud to be a cosponsor of 

10    this bill.  For these reasons, I vote aye.

11                 So thank you, Madam President.

12                 ACTING PRESIDENT MAYER:   Senator 

13    Chu to be recorded in the affirmative.

14                 Announce the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    547, Senate Print 3354, by Senator Skoufis, an 

20    act to amend the Executive Law.

21                 ACTING PRESIDENT MAYER:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT MAYER:   Call the 


                                                               2133

 1    roll.

 2                 (The Secretary called the roll.) 

 3                 ACTING PRESIDENT MAYER:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 547, those Senators voting in the 

 7    negative are Senators Borrello, Helming, Murray, 

 8    O'Mara, Ortt, Walczyk and Weik.

 9                 Ayes, 56.  Nays, 7.

10                 ACTING PRESIDENT MAYER:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    587, Assembly Print Number 3002, Assembly Budget 

14    Bill, an act making appropriations for the legal 

15    requirements of the state debt service.

16                 SENATOR LANZA:   Lay it aside.

17                 ACTING PRESIDENT MAYER:   The bill 

18    is laid aside.

19                 Senator Gianaris, that completes the 

20    reading of today's calendar.

21                 SENATOR GIANARIS:   Can we please 

22    move to the controversial calendar.

23                 ACTING PRESIDENT MAYER:   The 

24    Secretary will ring the bell.

25                 The Secretary will read.


                                                               2134

 1                 THE SECRETARY:   Calendar Number 

 2    587, Assembly Print Number 3002, Assembly Budget 

 3    Bill, an act making appropriations for the legal 

 4    requirements of the state debt service.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    O'Mara, why do you rise? 

 7                 SENATOR O'MARA:   Thank you, 

 8    Madam President.  Through you, if I believe 

 9    Senator Krueger would yield for a few questions 

10    on this.

11                 ACTING PRESIDENT MAYER:   Senator  

12    Krueger, do you yield?  

13                 SENATOR KRUEGER:   Absolutely.

14                 ACTING PRESIDENT MAYER:   The 

15    Senator yields.

16                 SENATOR O'MARA:   Good afternoon, 

17    Senator.  Thank you.

18                 Now, this bill is the first budget 

19    bill we're bringing to the floor of this budget 

20    cycle, with probably another eight or nine or so 

21    bills to come.  

22                 How many of those other bills are 

23    ready to proceed?

24                 SENATOR KRUEGER:   I don't believe 

25    any of the other bills have gone to print yet, 


                                                               2135

 1    Madam President.

 2                 SENATOR O'MARA:   Through you, 

 3    Madam President, if Senator Krueger would 

 4    continue to yield.

 5                 ACTING PRESIDENT MAYER:   Do you 

 6    continue to yield?  

 7                 SENATOR KRUEGER:   Yes, I do.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   Senator Krueger, 

11    have the capital budget portions been agreed to 

12    yet?

13                 SENATOR KRUEGER:   Again, none of 

14    the bills have gone to print.  Hence, everything 

15    is still under negotiation except for the one 

16    budget bill we have before us today.

17                 SENATOR O'MARA:   Through you, 

18    Madam President, if Senator Krueger will continue 

19    to yield.

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield?  

22                 SENATOR KRUEGER:   Yes, I do.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR O'MARA:   Senator Krueger, 


                                                               2136

 1    what is the outstanding debt obligation of 

 2    New York State?  

 3                 SENATOR KRUEGER:   State-supported 

 4    debt is currently $58.5 billion for fiscal year 

 5    '23.

 6                 SENATOR O'MARA:   Thank you.

 7                 Madam President, if Senator Krueger 

 8    will continue to yield.  

 9                 ACTING PRESIDENT MAYER:   Do you 

10    continue to yield?  

11                 SENATOR KRUEGER:   Absolutely.

12                 ACTING PRESIDENT MAYER:   The 

13    Senator yields.

14                 SENATOR O'MARA:   Senator, the 

15    New York State Constitution requires that state 

16    bonding be voter-approved.  Of that nearly 

17    $60 billion figure you mentioned, how much of 

18    that has actually been approved by the voters of 

19    New York State?

20                 SENATOR KRUEGER:   The general 

21    obligation debt is $2.2 billion, which has been 

22    approved.  The remaining debt are revenue bond 

23    debts, which is $56.2 billion.  

24                 And you are incorrect -- a 1994 

25    case, Schulz versus State of New York, 


                                                               2137

 1    established the state's revenue bond finance 

 2    program and its financing is in fact 

 3    constitutional debt and therefore is not a 

 4    problem.

 5                 SENATOR O'MARA:   Through you, 

 6    Madam President, if Senator Krueger will continue 

 7    to yield.

 8                 ACTING PRESIDENT MAYER:   Do you 

 9    continue to yield?  

10                 SENATOR KRUEGER:   Yes, I do.

11                 ACTING PRESIDENT MAYER:   The 

12    Senator yields.

13                 SENATOR O'MARA:   Did the voters of 

14    New York have any say in that additional revenue 

15    bond debt that you mentioned in the $50 billion 

16    range?

17                 SENATOR KRUEGER:   The voters of the 

18    State of New York have something to say about 

19    what is in our Constitution.  And when challenged 

20    in court as to whether this was constitutional, 

21    the courts ruled it was constitutional.  

22                 So I think it's reasonable to say 

23    that the people of New York did have a say in our 

24    Constitution and what it decides.

25                 SENATOR O'MARA:   Thank you.


                                                               2138

 1                 Through you, Madam President, if 

 2    Senator Krueger will continue to yield.

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield?  

 5                 SENATOR KRUEGER:   Yes, I do.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   Senator Krueger, 

 9    how much non-state-obligated debt is there 

10    through the various authorities of New York 

11    State?  How much is that?  My figures tell me 

12    it's in the range of $330 billion.  

13                 SENATOR KRUEGER:   We believe it's 

14    approximately 224 billion through the 

15    authorities.  So a bit lower than your numbers 

16    show.

17                 SENATOR O'MARA:   Thank you.  

18                 Through you, Madam President, would 

19    Senator Krueger continue to yield.  

20                 ACTING PRESIDENT MAYER:   Do you 

21    continue to yield?  

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT MAYER:   The 

24    Senator yields.

25                 SENATOR O'MARA:   How much of 


                                                               2139

 1    that -- whether you're right at 230 billion or my 

 2    figure is right at 330 billion, or somewhere in 

 3    between -- how much of that has been approved by 

 4    the voters of New York State?

 5                 SENATOR KRUEGER:   So of that, 

 6    roughly 60 billion is the state-supported debt.  

 7    And the remaining is -- so the remaining is under 

 8    the authority of the individual public 

 9    authorities to issue the debt.  So that does not 

10    go before the voters.

11                 SENATOR O'MARA:   Thank you, 

12    Madam President.  If Senator Krueger will 

13    continue to yield.

14                 ACTING PRESIDENT MAYER:   Do you 

15    continue to yield?  

16                 SENATOR KRUEGER:   I do.  

17                 But I just want to clarify my last 

18    sentence.  It's not technically state debt when 

19    it goes through the authorities.

20                 SENATOR O'MARA:   Thank you.

21                 So, Senator, it's not technically 

22    state debt.  And we're talking authorities like 

23    the MTA, the Thruway Authority and other ones.  

24    Those are probably two of the bigger ones that 

25    people are familiar with.


                                                               2140

 1                 What is the obligation of New York 

 2    State and New York State taxpayers to pay that 

 3    debt?

 4                 SENATOR KRUEGER:   Excuse me.  Just 

 5    to make sure I'm understanding the question 

 6    correctly, that is assuming that for some reason 

 7    the authorities were to default on their 

 8    obligations?  Is that the question?

 9                 SENATOR O'MARA:   Yes, that's the 

10    question.

11                 SENATOR KRUEGER:   Thank you.

12                 So my understanding is that if an 

13    authority defaults on its debt, the 

14    responsibility is the authority's, not the 

15    State of New York.  

16                 It brings up an excellent question, 

17    which I think is the really core of this 

18    discussion today:  What if governments fail to 

19    pay their debts?  And unfortunately, the answer 

20    is crisis.  Banks fail.  Recessions start.  

21    People lose their jobs.  Pensioners are 

22    disproportionately invested in bonds, 

23    underwritten bonds the State of New York bonds 

24    through our authorities.  Truly, there would be 

25    statewide crisis if not actually, with a state 


                                                               2141

 1    the size of New York, national crisis.

 2                 So this is why I'm asking my 

 3    colleagues today to please vote yes on this bill, 

 4    because I feel very strongly we can't possibly do 

 5    anything that would put at risk the State of 

 6    New York and the money of so many people in the 

 7    State of New York if we failed to pay our debts 

 8    and if we started a train that we wouldn't be 

 9    able to stop of there being possible default on 

10    debts owed by the State of New York or its 

11    related authorities.

12                 SENATOR O'MARA:   Through you, 

13    Madam President, if Senator Krueger will continue 

14    to yield.  

15                 ACTING PRESIDENT MAYER:   Do you 

16    continue to yield?

17                 SENATOR KRUEGER:   I will.

18                 ACTING PRESIDENT MAYER:   The 

19    Senator yields.  

20                 SENATOR O'MARA:   In light of that, 

21    is there anything in this bill before us today 

22    obligating the state to make payments on the MTA 

23    debt, the Thruway Authority debt, other 

24    authorities' debt?

25                 SENATOR KRUEGER:   No specifics, no.


                                                               2142

 1                 SENATOR O'MARA:   Through you, 

 2    Madam President, if Senator Krueger will continue 

 3    to yield.

 4                 ACTING PRESIDENT MAYER:   Do you 

 5    continue to yield?  

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Senator yields.

 9                 SENATOR O'MARA:   I agree with you, 

10    Senator, that there certainly would be crisis if 

11    any of these major authorities were to collapse 

12    in debt.  

13                 And while New York State itself and 

14    New York State taxpayers are not be obligated as 

15    guarantors of that debt, would there really, for 

16    all intents and purposes, be any choice but the 

17    state and the New York State taxpayers to step 

18    up and take the obligation of making good on that 

19    debt for those authorities?

20                 SENATOR KRUEGER:   Knock on wood, we 

21    have not had that situation occur in the State of 

22    New York.  So I don't know how the State of 

23    New York would respond.

24                 Since my colleague chose to use the 

25    MTA as an example, I guess I would highlight that 


                                                               2143

 1    if the MTA were to be in so much trouble that it 

 2    were to default on any of its debt, it would 

 3    clearly message that the MTA was in a complete 

 4    crisis and meltdown.  

 5                 And since the economy of the 

 6    12 southern counties of this state are completely 

 7    dependent on a functioning MTA, that would by 

 8    definition trigger an economic meltdown in the 

 9    12 southern counties of the state, which are 

10    often referred to as the economic breadbasket of 

11    the state.

12                 So I think something like that not 

13    only would be a statewide crisis but would 

14    require the State of New York to come up with an 

15    answer fast.

16                 So, is there an obligation in law?  

17    No.  Would there be an obligation in the sense of 

18    our responsibility to the people of New York, 

19    wherever they live, to make sure something like 

20    this did not happen or then in fact domino 

21    throughout the state -- and, I would argue, if it 

22    was the MTA, the entire multistate region?  Yes, 

23    I think we would be required to take action to 

24    make sure that didn't happen.

25                 SENATOR O'MARA:   Thank you, 


                                                               2144

 1    Senator.

 2                 Madam President, if Senator Krueger 

 3    will continue to yield.

 4                 ACTING PRESIDENT MAYER:   Senator  

 5    Krueger, do you continue to yield?  

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Senator yields.  

 9                 SENATOR O'MARA:   Senator, I agree 

10    with you, and I have no doubt that this body and 

11    the other house and the Governor would certainly 

12    have to take action on that.  Yet none of that 

13    debt, I guess my point is, has been really 

14    approved by voters, although for all intents and 

15    purposes we'll be making good on it if need be.

16                 But for all that authorities' debt 

17    that's out there, none of that is accounted for 

18    in this bill before us today that has 

19    appropriation authority of up to $15.6 billion 

20    for payment of the state's outstanding 

21    obligations, correct?  

22                 SENATOR KRUEGER:   That's correct.  

23                 This bill is to guarantee to the 

24    people we owe money to that we are going to 

25    continue to pay money to them as our state fiscal 


                                                               2145

 1    year rolls over to the next fiscal year.  So it 

 2    is to assure the people who we have borrowed 

 3    money from and owe that money to that we are good 

 4    for our commitments, there is no reason for them 

 5    to be concerned that the State of New York will 

 6    not continue to pay the debts we owe them.  

 7                 And those are the numbers within 

 8    this bill because those are the monies we, the 

 9    State of New York, owe them from our General Fund 

10    budget and other categories within the budget.

11                 SENATOR O'MARA:   Thank you, 

12    Senator.  

13                 Madam President, through you, if the 

14    Senator will continue to yield.

15                 ACTING PRESIDENT MAYER:   Do you 

16    continue to yield?  

17                 SENATOR KRUEGER:   Yes, I will.

18                 ACTING PRESIDENT MAYER:   Yes, the 

19    Senator yields.

20                 SENATOR O'MARA:   So my reading of 

21    the bill with the $15.6 billion of payment 

22    authority in this bill, it -- there's only really 

23    clarified payments of about 3.5 billion to 

24    actually be made throughout the course of the 

25    fiscal year out of that authority of 


                                                               2146

 1    15.6 billion.

 2                 SENATOR KRUEGER:   Basically 

 3    correct.  We show 15.7, of which 3.5 billion is 

 4    cash.  But I'm prepared to, you know, agree -- 

 5    0.6, 0.7, about the same, yes.

 6                 SENATOR O'MARA:   Thank you, 

 7    Senator.  

 8                 Through you, Madam President, if 

 9    Senator Krueger will continue to yield.

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?

12                 SENATOR KRUEGER:   Yes, I will.

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.

15                 SENATOR O'MARA:   I would agree that 

16    may well be a rounding error, up or down, to get 

17    to that.

18                 But anyway, so that leaves a gap of 

19    slightly over $12 billion for what we're 

20    anticipating paying throughout the course of the 

21    year than what we're approving to be paid over 

22    the course of the year.

23                 SENATOR KRUEGER:   Approximately, 

24    yes.

25                 SENATOR O'MARA:   Does that -- 


                                                               2147

 1    through you, Madam President, if Senator Krueger 

 2    would continue to yield.

 3                 ACTING PRESIDENT MAYER:   Senator, 

 4    do you continue to yield?

 5                 SENATOR KRUEGER:   Absolutely.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   Then does that 

 9    roughly $12 billion of gap there, does that 

10    account for what's projected to be approved in 

11    the capital budgets that may be forthcoming?

12                 SENATOR KRUEGER:   So this would 

13    give us the authority to do this much additional 

14    borrowing.  

15                 But we sincerely don't know the 

16    exact numbers because we haven't negotiated a 

17    full budget, so it is quite possible that we 

18    would be giving authority that would not be used 

19    in the next year to actually borrow against.

20                 SENATOR O'MARA:   Through you, 

21    Madam President, if the Senator will continue to 

22    yield.

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?  

25                 SENATOR KRUEGER:   Yes.


                                                               2148

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.

 3                 SENATOR O'MARA:   Is this bill 

 4    giving authority to make payments on whatever new 

 5    debt may come out of the budget this year in 

 6    payments on that obligation?

 7                 SENATOR KRUEGER:   Yes.  Although 

 8    you usually don't end up having to start the 

 9    payments in the same months that you're borrowing 

10    money.  So conceivably there would be some 

11    initial interest payments on money that was 

12    borrowed in the fiscal year, but usually you're 

13    talking about paying that money out in the 

14    outyears.

15                 SENATOR O'MARA:   Through you, 

16    Madam President, if Senator Krueger will continue 

17    to yield.

18                 ACTING PRESIDENT MAYER:   Do you 

19    continue to yield?  

20                 SENATOR KRUEGER:   Yes, I do.

21                 ACTING PRESIDENT MAYER:   The 

22    Senator yields.

23                 SENATOR O'MARA:   Would you agree 

24    that -- the figure I have is that there's 

25    basically a projection in the draft budgets that 


                                                               2149

 1    are out there now that there would be another new 

 2    about $9.8 billion in new debt if the budget 

 3    bills actually come in kind of where we are now?

 4                 SENATOR KRUEGER:   That's the 

 5    Governor's number, not our number.  So we 

 6    sincerely don't know what the final number will 

 7    be at this time.

 8                 SENATOR O'MARA:   Through you, 

 9    Madam President, if Senator Krueger would yield.

10                 ACTING PRESIDENT MAYER:   Do you 

11    continue to yield?  

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT MAYER:   The 

14    Senator yields.

15                 SENATOR O'MARA:   What is that 

16    number in the Senate's one-house bill, as far as 

17    projected new debt?  

18                 SENATOR KRUEGER:   In our one-house, 

19    we believe that the approximate borrowing would 

20    be 10 billion.

21                 SENATOR O'MARA:   Thank you, 

22    Senator.  

23                 Madam President, if the Senator will 

24    continue to yield.

25                 ACTING PRESIDENT MAYER:   Do you 


                                                               2150

 1    continue to yield?  

 2                 SENATOR KRUEGER:   Yes, I do.

 3                 ACTING PRESIDENT MAYER:   The 

 4    Senator yields.

 5                 SENATOR O'MARA:   In the projected 

 6    3.5 billion of estimated payments that's being 

 7    approved in this bill, how much of that is 

 8    payments going towards the $8 billion 

 9    Unemployment Insurance Fund loan that we owe the 

10    federal government?

11                 SENATOR KRUEGER:   The unemployment 

12    fund is a completely separate issue and set of 

13    responsibilities, so none of this money relates 

14    to paying back the federal loans to the 

15    unemployment fund.

16                 SENATOR O'MARA:   Thank you, 

17    Senator.

18                 On the bill, Madam President.

19                 ACTING PRESIDENT MAYER:   Senator 

20    O'Mara on the bill.

21                 SENATOR O'MARA:   I certainly concur 

22    and fully support this house taking action on our 

23    obligation to pay the debt that we have 

24    outstanding.

25                 And those payments here are roughly 


                                                               2151

 1    in the range of $3.5 billion.  However, this 

 2    authorization goes far beyond that to provide 

 3    appropriation authority of $15.6 billion, in 

 4    excess of $12 billion -- for what, we don't know.  

 5    We don't have the budget bills before us to know 

 6    what that's going to be, and we certainly want to 

 7    pay our bills that are due.  

 8                 So not that this bill in itself is 

 9    premature, because we're going to pass the budget 

10    deadline in about 11 hours from now.  We clearly 

11    will not have a budget, so we want to make it 

12    clear to our lenders that the state is going to 

13    make good on its obligations.  But those payments 

14    for the year at this point are about 

15    $3.5 billion, $12 billion less than what's being 

16    approved through appropriation in this bill.

17                 And yet even with that, none of the 

18    $8 billion owed to the federal government for our 

19    Unemployment Insurance Fund is being paid for 

20    through this debt service bill.

21                 So I would urge a no vote, a no vote 

22    on this bill as a whole.  I certainly support the 

23    payment and approval of paying our obligations of 

24    the 3.5 billion and think that this body should 

25    be approving that today, at the eleventh hour of 


                                                               2152

 1    when a budget is due, because we can always come 

 2    back and amend this at the time we're passing the 

 3    rest of the budgets, particularly the capital 

 4    portions of the budget, that will change what the 

 5    bonding might be throughout the year and what the 

 6    payments might be.  

 7                 And I don't think we need a gap on 

 8    our obligation of 3.5 billion, that we need 

 9    another 12 billion approval on top of that at 

10    this point.

11                 Thank you, Madam President.  I would 

12    urge a no vote and that this bill be amended to 

13    cover the 3.5 billion at this point and then 

14    modified, amended, as we get the rest of the 

15    budget put together.  Thank you.

16                 ACTING PRESIDENT MAYER:   Thank you, 

17    Senator O'Mara.

18                 Senator Walczyk, why do you rise?

19                 SENATOR WALCZYK:   Through you, 

20    Madam President, I wonder if the chair on Finance 

21    would yield for some questions.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Krueger, do you yield?  

24                 SENATOR KRUEGER:   Of course I do.

25                 ACTING PRESIDENT MAYER:   Yes, the 


                                                               2153

 1    Senator yields.

 2                 SENATOR WALCZYK:   Do we have a 

 3    financial plan for '23-'24 in writing right now 

 4    for the State of New York?  

 5                 SENATOR KRUEGER:   We have the 

 6    Governor's proposed, with her Executive Budget.  

 7    We have the version we gave out to you for our 

 8    one-house.  I'm sure the Assembly had one also.  

 9                 But since we continue to negotiate 

10    pretty much all of the revenue and expenses for 

11    the State of New York for the coming year, no, we 

12    do not have a final one.

13                 SENATOR WALCZYK:   And through you, 

14    Madam President, would the sponsor continue to 

15    yield.

16                 ACTING PRESIDENT MAYER:   Do you 

17    continue to yield?  

18                 SENATOR KRUEGER:   I do.

19                 ACTING PRESIDENT MAYER:   The 

20    Senator yields.  

21                 SENATOR WALCZYK:   When was the last 

22    public hearing on any of these budget bills or 

23    this process?  

24                 SENATOR KRUEGER:   You mean the last 

25    budget hearing?


                                                               2154

 1                 SENATOR WALCZYK:   Yeah, we sat in 

 2    the room together --

 3                 SENATOR KRUEGER:   No, I remember, 

 4    I'm just trying to remember the last date.  I 

 5    want to say it was -- the 27th?  The 27th of 

 6    February, I believe.  

 7                 Do you know the answer?  Was this a 

 8    test question?  I spent a lot of days in that 

 9    room.

10                 SENATOR WALCZYK:   Through you, 

11    Madam President, I think it was right around the 

12    end of February, beginning of March, I think was 

13    the last time we heard from the public on this 

14    budget, a month ago.  

15                 SENATOR KRUEGER:   Oh, no.  We keep 

16    hearing from the public on this budget.  I could 

17    give you my emails from literally when I've been 

18    in this room.

19                 March 1st was the last hearing, 

20    excuse me.

21                 SENATOR WALCZYK:   March 1st.  

22                 Through you, Madam President, would 

23    the sponsor continue to yield.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Krueger, do you continue to yield?


                                                               2155

 1                 SENATOR KRUEGER:   Yes, I do.

 2                 ACTING PRESIDENT MAYER:   The 

 3    Senator yields.

 4                 SENATOR WALCZYK:   So this is the 

 5    fist budget bill that we're taking up, the debt 

 6    service bill.  Are the other nine or 10 bills in 

 7    print today as we take this up?  

 8                 SENATOR KRUEGER:   You know, I 

 9    believe Senator O'Mara asked me that question and 

10    I said this was the only bill in print today.

11                 SENATOR WALCZYK:   Thank you.

12                 Madam President, on the bill.

13                 ACTING PRESIDENT MAYER:   Senator 

14    Walczyk on the bill.

15                 SENATOR WALCZYK:   So this is the 

16    debt service bill in the State of New York.  This 

17    pays the state's mortgages and loans to the tune 

18    of $66 billion.  It also pays the minimum on the 

19    state's credit card.  

20                 And what this body is bringing 

21    forward here today is asking that credit card to 

22    increase our limit without knowing what we are 

23    even going to spend.  The Governor proposed 

24    $127 billion; you proposed 136 billion.  

25                 This is not your money.  This is not 


                                                               2156

 1    the Governor's money.  This is not your debt that 

 2    you're accruing or planning for.  This is not an 

 3    increase in a credit card that you have in your 

 4    wallet.  This is the increase of the taxpayer of 

 5    the State of New York in the future generations 

 6    in this state.  It belongs to your children, your 

 7    grandchildren, and your grandchildren's 

 8    grandchildren.

 9                 Do you think this state should pay 

10    the bills?  Of course.  Yeah, we think we should 

11    pay the bills.  But this budget is due at 

12    midnight tonight.  We have no idea what the 

13    spending plan is.  Nothing is in print.  And we 

14    haven't heard from the public, as you can hear, 

15    officially on what any plan is.  Sure, you hear 

16    feedback, but it's feedback into darkness, 

17    because there's been no public hearings in over a 

18    month.

19                 There's a total lack of 

20    transparency, and there's absolutely no excuse 

21    for it.  You're spending other people's money and 

22    you're assuming debt on their behalf without a 

23    spending plan.  

24                 Madam President, I vote no.

25                 ACTING PRESIDENT MAYER:   Senator 


                                                               2157

 1    Tedisco on the bill.

 2                 SENATOR TEDISCO:   Thank you, 

 3    Madam President.  

 4                 The fact that this is the debt 

 5    service bill, where there's really not much 

 6    debate about this on your side, I don't think, 

 7    and nine other parts of the bill are not ready to 

 8    be discussed on behalf of the people of State of 

 9    New York -- I hate to have to say this to you, 

10    but arguably you have failed to do the most 

11    important thing you are elected to do, and that 

12    is pass a good, balanced, timely budget which 

13    helps the quality of life in the State of 

14    New York and makes sure we keep people in this 

15    state.  

16                 And I think we all realize that all 

17    levers of power are controlled by my colleagues 

18    on that side and the colleagues on the other side 

19    in the Assembly, and the Governor.  

20    Super-majorities.  You've been given a 

21    super-majority in this house, in the Assembly a 

22    super-majority.  You have a Governor of your 

23    affiliation.  If I had to define the process to 

24    get to this point, we don't know what the final 

25    process will look like right now.  We know this 


                                                               2158

 1    is a part of it, this debt service.  

 2                 And I want to tell you, many of us 

 3    along the way in relationship to this bill have 

 4    not voted for this debt.  When you listen to the 

 5    Comptroller, he talks about how about paying as 

 6    you go along on occasion?  We just had a 

 7    $4.2 billion infrastructure environmental bond 

 8    that was passed which added to debt.  We got more 

 9    debt here.  If I had to define the process to get 

10    to this point, it's kind of like the Titanic 

11    moving towards the iceberg.  Now, it looks like 

12    it's in slow motion, but it is going full steam.  

13    But one caveat left.  You're not rearranging the 

14    chairs, you're rearranging less than the chairs 

15    on the Titanic.  You're doing less than that 

16    right now to get to this point with that much 

17    power.  

18                 You all had the understanding of 

19    when the budget should be passed.  You all had an 

20    understanding of what the differences are with 

21    the Governor, with you and the Assembly.  And 

22    right now we're standing here with less than 

23    one-tenth of the budget, or maybe one-tenth of 

24    the budget being done, moving into we don't know 

25    how many days it's going to be late.


                                                               2159

 1                 So I have to tell you, first of all, 

 2    I'm not going to vote for paying a debt service 

 3    on debt that I and I think my constituents didn't 

 4    agree to, because not much of this was put on the 

 5    ballot to vote for my constituents.  But, I mean, 

 6    the process itself is arguably the worst you 

 7    could have had with all that power.

 8                 If you can't get the single most 

 9    important thing you're expected to do in a timely 

10    fashion, controlling both houses and the 

11    Governor, I think if we lost 319,000 people last 

12    year, we're going to lose 600,000 in the upcoming 

13    year, because they're talking about they can't 

14    afford to live here anymore.  

15                 Not one of these bills spends less 

16    than $7 billion.  You're spending up to 

17    $16 billion more when you combine what the 

18    Governor wants to spend -- and I'm not sure 

19    they're doing that much better in the Assembly.

20                 So I'm not going to be voting for 

21    this.  And I want to see what it looks like when 

22    you hit that iceberg and the chairs of the deck 

23    go flying off the ship and you impact our quality 

24    of life even worse and that bleeding continues to 

25    happen.  


                                                               2160

 1                 So, very disappointed that the 

 2    budget's not in place.  My constituents sent me 

 3    here to tell you that.  And we're very hopeful 

 4    that you can look back and really look at the 

 5    fact you're not just Senators, you're not just 

 6    Assemblypeople, you're representatives.  What 

 7    does a representative do?  It listens to its 

 8    constituents.  Every survey, every poll says the 

 9    two top areas -- affordability, we can't afford 

10    to live here, and public safety.  

11                 You took the one thing out so far 

12    that the Governor put in here which made some 

13    sense.  Forty-nine other states do it, talk about 

14    the dangerousness of those individuals before our 

15    judges and giving them the opportunity to have 

16    discretion.  You took that out of the budget.

17                 So you're doubling down so far -- I 

18    want to see the final analysis -- on the two most 

19    important things in the surveys that our 

20    constituents are talking to us about.  It's not 

21    only Republicans.  On those two most important 

22    issues, it's Democrats and Republicans.  

23                 So I can't be confident in voting 

24    for this, and I'm certainly not confident going 

25    forward, from what I've seen in the process.  


                                                               2161

 1                 Thank you, Madam Speaker.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Borrello on the bill.

 4                 SENATOR BORRELLO:   Thank you, 

 5    Madam President.  

 6                 So I realize the argument is we have 

 7    to pay our debts.  And that's about $3.5 billion.  

 8    Yet we're opening up a line of credit for 

 9    15.6 billion.  And as Senator O'Mara pointed out, 

10    we really have no idea where that money's going.

11                 What makes this egregious, in my 

12    opinion, is the fact that New York State opened 

13    up a line of credit for $11 billion on behalf of 

14    every business owner in New York State, every 

15    small business owner and everyone else.  Governor 

16    Kathy Hochul didn't address it in her budget, 

17    didn't address it at all.  Our Senate one-house 

18    didn't address it.  But we're saying, Well, you 

19    know what, we might need another $12 billion for 

20    something else.  

21                 And what makes that particularly 

22    concerning for me at this moment is that there's 

23    really been no movement on deciding what we're 

24    going to spend.  And you're saying now, to all 

25    the people out there, all the people that come 


                                                               2162

 1    into the halls here and demand more free stuff, 

 2    that there's an extra $12 billion for you to 

 3    spend on more free stuff.  And that's why this is 

 4    irresponsible.

 5                 It's irresponsible because we're 

 6    opening up this line of credit while we have yet 

 7    to address the fact that every single business 

 8    owner, every single employer is paying an extra 

 9    $200 per employee just because of the debt that 

10    was racked up on their behalf by state 

11    government.  And we've ignored that debt.  And 

12    we've continued to ignore that debt.

13                 So how can we say we're going to 

14    lend a little bit more, spend a little bit more, 

15    when we can't even tell you what we're going to 

16    be spending it on?  

17                 I vote no.  Thank you.

18                 ACTING PRESIDENT MAYER:   Senator 

19    Gianaris.

20                 SENATOR GIANARIS:   Madam President, 

21    we've agreed to return this bill to the 

22    noncontroversial calendar.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               2163

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Krueger to explain her vote.

 7                 SENATOR KRUEGER:   Thank you.

 8                 I want to thank all my colleagues, 

 9    and for the dialogue today.

10                 I just want to reinforce some people 

11    have a frustration with the other bills of the 

12    budget, but we're not on the other bills of the 

13    budget.  But we will get there.  

14                 And what it is really important 

15    today to understand is this bill says let's keep 

16    paying our debt.  And yes, it has appropriation 

17    language that would allow us to borrow, but only 

18    if within the other bills of the budget we decide 

19    to do so.  So it doesn't mean that money is going 

20    to be spent or how that money is going to be 

21    spent, because that's not what's before us today.

22                 But I want to reinforce -- and it 

23    was mentioned that why should I vote yes, maybe 

24    this wasn't even debt I had signed on to.  Well, 

25    I was in the Minority here many more years than 


                                                               2164

 1    I've been in the Majority here, and every year we 

 2    do a bill like this, and every year I voted yes, 

 3    whether in the Minority or the Majority, because 

 4    I actually do understand, and I'm hoping everyone 

 5    understands, to not commit to paying our debts 

 6    would be basically the biggest financial crisis 

 7    we could imagine setting up for ourselves.

 8                 The last state to default on its 

 9    obligations was Arkansas in 1933.  It took them 

10    over 40 years to dig themselves out of the crisis 

11    that was created by that, and it was created 

12    during the Depression.  So it's been a long time.  

13                 There are other countries around the 

14    world that have gone into sovereign debt crises, 

15    very often because of civil war or collapse of 

16    the government or complete collapse of their 

17    economic structure, and then the storylines just 

18    get worse and worse from there.

19                 We are literally watching, in 

20    Washington, D.C., a debate continue of whether 

21    the federal government is going to raise its debt 

22    ceiling to avoid a crisis that -- there's data 

23    showing the impact on New York State alone if 

24    that issue doesn't get addressed.

25                 So we can have our partisan fights, 


                                                               2165

 1    and we're supposed to.  We can disagree about 

 2    what's in the overall budget, expenditures and 

 3    revenues, and we're supposed to.  We can agree we 

 4    don't want to be late, and we are running a 

 5    little late.  But we should also admit that's 

 6    happened before, and thanks to options we have 

 7    available, frankly other than us not getting 

 8    paid, everybody else in the State of New York 

 9    will continue to get paid, and the state will 

10    continue to function.  

11                 Even though I agree, I would prefer 

12    to be closer to the actual deadline.  But I also 

13    prefer a good budget to a budget I am not happy 

14    with.  

15                 But if we were to actually somehow 

16    change the outcome of this vote today -- and I 

17    hope we won't -- and say no, we're not going to 

18    pass the debt service bill, we are not going 

19    continue to make our payments, I think one could 

20    comfortably say it would be the worst vote any 

21    individual in this house ever took.  Because what 

22    they would be unleashing would be a Pandora's box 

23    that I'm not sure if we would know how to close.

24                 So I am urging my colleagues, even 

25    if they've had their discussion about the 


                                                               2166

 1    imperfection of our entire system, don't make it 

 2    worse by actually putting the State of New York 

 3    in a position where we wouldn't be legally able 

 4    to make good on our debt.  Please vote yes.

 5                 Thank you, Madam President.

 6                 ACTING PRESIDENT MAYER:   Senator 

 7    Krueger to be recorded in the affirmative.

 8                 Senator Rhoads to explain his vote.

 9                 SENATOR RHOADS:   Thank you, 

10    Madam President.

11                 I think there probably is nothing 

12    that is more symbolic of Albany under one-party 

13    rule than what we are seeing unfold before us 

14    when it comes to the State Budget.

15                 We are supposed to have a budget in 

16    10 hours and 43 minutes from now.  Right now we 

17    are debating Budget Bill No. 1.  There is no hope 

18    that there will be Budget Bills 2, 3, 4, 5, 6, 7, 

19    8, 9 or 10 anytime in the near future.  In fact, 

20    we are probably moments away, after we take this 

21    vote, from gaveling out to come back on Monday -- 

22    conceding that there will be no budget by the 

23    deadline.

24                 What we have before us, the only 

25    thing we have before us to consider, is what 


                                                               2167

 1    New York is known for -- debt.  And the bill 

 2    that's before us is not a bill to pay the debt 

 3    service on the debt that we owe.  That's only 

 4    $3.5 billion.  If this bill only had 

 5    $3.5 billion -- which, so the public understands, 

 6    is not to pay off the state's debt but merely to 

 7    pay the interest that's owed on the state debt -- 

 8    you would probably have 63 votes.  But this isn't 

 9    a $3.5 billion bill.  This is a $15.6 billion or 

10    $15.7 billion bill.  But what's a hundred million 

11    dollars between friends, right?  

12                 Money that the taxpayers owe.  Four 

13    and a half times more than what we actually need 

14    to pay the state's debt.  That's why there are 

15    going to be "no" votes today.  Because we're not 

16    talking about what we owe, we're talking about 

17    prospectively what we may owe after we have a 

18    chance to take a look at the eight or nine other 

19    budget bills that are going to be advanced.  

20                 And this doesn't even address the 

21    entirety of the state's debt -- 8.1 billion for 

22    the Unemployment Insurance Fund.  Our employers 

23    are paying for that.  The state's not paying for 

24    that.  We incurred the debt, and we're pushing it 

25    off.


                                                               2168

 1                 We mentioned the MTA.  The MTA is 

 2    hemorrhaging cash.  They won't default, because 

 3    we keep going back to the taxpayers through 

 4    congestion pricing, through the MTA payroll 

 5    tax -- billions and billions of dollars that 

 6    we're sucking out of our state's economy to keep 

 7    the entity afloat.

 8                 The bottom line is I'm voting no to 

 9    this bill today not because we want to default on 

10    the state's obligations, but because we continue 

11    to ignore that those obligations are being paid 

12    by 20 million people who are counting on us to do 

13    our jobs.  And we continue to keep them last in 

14    the equation instead of putting them first.  

15                 I ask you to record my vote in the 

16    negative.

17                 ACTING PRESIDENT MAYER:   Senator 

18    Rhoads to be recorded in the negative.

19                 Senator Lanza to explain his vote.

20                 SENATOR LANZA:   Thank you, 

21    Madam President.  

22                 I just want to join Senator Rhoads 

23    in explaining my vote in the same way, basically.

24                 You know, to clarify for the people 

25    back home, voting no is not some vote that is 


                                                               2169

 1    going to more quickly usher in the apocalypse 

 2    here.  As has been said, we believe that we ought 

 3    to pay our past debts.  This goes well beyond 

 4    that.  The world will not come to an end if we 

 5    vote no here on this bill.  

 6                 What will happen, and what we're 

 7    suggesting, is let's come back and do what 

 8    everyone is saying we need to do, and that which 

 9    if we do not do, things will, you know, spiral 

10    out of control.  Put a bill on the floor that 

11    pays our past debt.  Instead of putting a bill on 

12    the floor that not only does that but gives -- 

13    you know, creates this new line of credit for 

14    some future and looming spending spree, the 

15    details of which no one in the State of New York 

16    knows anything about.

17                 So, Madam President, I'm voting no, 

18    my colleagues are voting no not because this bill 

19    pays the past debt, but because it goes well 

20    beyond and puts the State of New York and its 

21    people further in debt.  And at the end of the 

22    day, we know who gets the bill when that credit 

23    card statement comes in.  It's handed to the 

24    taxpayers, the people of the State of New York.  

25                 That's why, Madam President, I'll be 


                                                               2170

 1    voting in the negative.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Lanza to be recorded in the negative.

 4                 Senator Gianaris to explain his 

 5    vote.

 6                 SENATOR GIANARIS:   Madam President, 

 7    once again it falls to me to correct the record 

 8    because of the misstatements of some of my 

 9    colleagues in the Minority.  

10                 It is laughable to suggest that 

11    one-party rule is a cause of late budgets in this 

12    state.  It is a complete ignorance of history and 

13    even recent history of this state.  The 

14    Republicans controlled this State Senate for much 

15    of the last century, and late budgets were a norm 

16    up until recently.  In fact, there was a time in 

17    the nineties when, under the Republican Majority 

18    in the Senate, the budgets were late by four and 

19    five months.  We're talking about a couple of 

20    days here.

21                 So give me a large break when you 

22    try and suggest that that's because of one-party 

23    rule in this state.  Because when the Republicans 

24    held the Majority, they did a lot worse.  And by 

25    the way, they passed debt relief bills also as 


                                                               2171

 1    part of the budget process.  Because that's what 

 2    happens, that's the responsible thing to do, and 

 3    that's what keeps the state functioning.  

 4                 One of my colleagues mentioned or 

 5    made an analogy to the Titanic.  Well, what 

 6    they're suggesting in trying to defeat this bill 

 7    is not waiting for the iceberg, they would just 

 8    take out a drill, puncture the hull of the ship, 

 9    and let it sink right now.  Because that is what 

10    would happen if New York was unable to fulfill 

11    its debt obligations.  

12                 So I understand it's frustrating to 

13    be in the Minority and not make decisions about 

14    the direction of this state.  That's where the 

15    voters put you all.  We'll all have to live with 

16    it.  I was there once.  It's not fun, I get it.  

17    But let's make the rhetoric match the reality a 

18    little bit more.  

19                 I vote yes, Madam President.

20                 ACTING PRESIDENT MAYER:   Senator 

21    Gianaris to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 587, those Senators voting in the 

25    negative are Senators Borrello 


                                                               2172

 1    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 2    Lanza, Martins, Mattera, Murray, Oberacker, 

 3    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

 4    Tedisco, Walczyk, Weber and Weik.

 5                 Ayes, 43.  Nays, 20.

 6                 ACTING PRESIDENT MAYER:   The bill 

 7    is passed.

 8                 Senator Gianaris, that completes the 

 9    reading of today's calendar.

10                 SENATOR GIANARIS:   Is there any 

11    further business at the desk?

12                 ACTING PRESIDENT MAYER:   There is 

13    no further business at the desk.

14                 SENATOR GIANARIS:   Madam President, 

15    I move to adjourn until Monday, April 3rd, at 

16    12:00 noon, intervening days being legislative 

17    days.

18                 ACTING PRESIDENT MAYER:   On motion, 

19    the Senate stands adjourned until Monday, 

20    April 3rd, at 12:00 p.m., with the intervening 

21    days being legislative days.

22                 (Whereupon, at 1:24 p.m., the Senate 

23    adjourned.)

24

25