Regular Session - April 3, 2023

                                                                   2179

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    April 3, 2023

11                     12:38 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  


                                                               2180

 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, Sunday, 

16    April 2, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Saturday, April 1, 

18    2023, was read and approved.  On motion, the 

19    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.


                                                               2181

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Mr. President, 

 7    just to inform members about the plan for the 

 8    day.  

 9                 We are awaiting an extender, a 

10    budget extender bill from the Governor that will 

11    then be given to the Minority for their review.  

12    And so we are going to stand at ease while we 

13    wait for that process to unfold.  We anticipate 

14    at some point today taking that bill up.

15                 So the Senate will stand at ease.

16                 ACTING PRESIDENT COONEY:   The 

17    Senate will stand at ease.

18                 (Whereupon, the Senate stood at ease 

19    at 12:40 p.m.)

20                 (Whereupon, the Senate reconvened at 

21    3:48 p.m.)

22                 ACTING PRESIDENT COONEY:   The 

23    Senate will come to order.  

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Mr. President, 


                                                               2182

 1    there will be an immediate meeting of the 

 2    Rules Committee in Room 332.

 3                 ACTING PRESIDENT COONEY:   There 

 4    will be an immediate meeting of the 

 5    Rules Committee in Room 332.

 6                 SENATOR GIANARIS:   The Senate will 

 7    go back to standing at ease.

 8                 ACTING PRESIDENT COONEY:   The 

 9    Senate will stand at ease.

10                 (Whereupon, the Senate stood at ease 

11    at 3:48 p.m.)

12                 (Whereupon, the Senate reconvened at 

13    3:58 p.m.)

14                 ACTING PRESIDENT COONEY:   The 

15    Senate will return to order.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Mr. President, 

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

19    desk.  

20                 Can we please take that up.

21                 ACTING PRESIDENT COONEY:   The 

22    Secretary will read.

23                 THE SECRETARY:   Senator 

24    Stewart-Cousins, from the Committee on Rules, 

25    reports the following bill:  


                                                               2183

 1                 Senate Print 6200, by 

 2    Senator Krueger, an act making appropriations for 

 3    the support of government.  

 4                 The bill reports direct to third 

 5    reading.

 6                 SENATOR GIANARIS:   Move to accept 

 7    the report of the Rules Committee.

 8                 ACTING PRESIDENT COONEY:   All those 

 9    in favor of accepting the report of the 

10    Rules Committee signify by saying aye.

11                 (Response of "Aye.")

12                 ACTING PRESIDENT COONEY:   Opposed, 

13    nay? 

14                 (No response.)

15                 ACTING PRESIDENT COONEY:   The 

16    report of the Rules Committee is accepted.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Please take up 

19    the reading of the supplemental calendar.

20                 ACTING PRESIDENT COONEY:   There is 

21    a substitution at the desk.  

22                 The Secretary will read.

23                 THE SECRETARY:   Senator Krueger 

24    moves to discharge, from the Committee on Rules, 

25    Assembly Bill Number 6063 and substitute it for 


                                                               2184

 1    the identical Senate Bill 6200, Third Reading 

 2    Calendar 588.

 3                 ACTING PRESIDENT COONEY:   

 4    Substitution so ordered.

 5                 The Secretary will read.

 6                 THE SECRETARY:   Calendar Number 

 7    588, Assembly Bill Number 6063, by 

 8    Assemblymember Weinstein, an act making 

 9    appropriations for the support of government.

10                 SENATOR GIANARIS:   Is there a 

11    message of necessity and appropriation at the 

12    desk?

13                 ACTING PRESIDENT COONEY:   There is 

14    a message of necessity and appropriation at the 

15    desk.

16                 SENATOR GIANARIS:   I move to accept 

17    the message.  

18                 ACTING PRESIDENT COONEY:   All those 

19    in favor of accepting the message please signify 

20    by saying aye.

21                 (Response of "Aye.")

22                 ACTING PRESIDENT COONEY:   Opposed, 

23    nay.

24                 (Response of "Nay.")

25                 ACTING PRESIDENT COONEY:   The 


                                                               2185

 1    message is accepted, and the bill is before the 

 2    house.

 3                 SENATOR LANZA:   Lay it aside.

 4                 ACTING PRESIDENT COONEY:   Lay it 

 5    aside.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Please go to the 

 8    reading of the controversial calendar.

 9                 ACTING PRESIDENT COONEY:   Just to 

10    clarify, Senator Gianaris, that completes the 

11    reading of the supplemental calendar.  

12                 We will go to the controversial 

13    calendar.

14                 SENATOR GIANARIS:   Thank you.

15                 ACTING PRESIDENT COONEY:   The 

16    Secretary will ring the bell.

17                 The Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    588, Assembly Print Number 6063, by 

20    Assemblymember Weinstein, an act making 

21    appropriations for the support of government.

22                 ACTING PRESIDENT COONEY:   Senator 

23    O'Mara, why do you rise?

24                 SENATOR O'MARA:   Yes.  

25    Mr. President, I was wondering if the sponsor 


                                                               2186

 1    would yield for a few questions on this.

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Krueger, do you yield?  

 4                 SENATOR KRUEGER:   Of course I will.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Krueger yields.

 7                 SENATOR O'MARA:   Good afternoon, 

 8    Senator Krueger.

 9                 Why didn't we do this bill last 

10    Friday when everybody was already here?  

11                 SENATOR KRUEGER:   The Governor only 

12    handed it to us today.  This afternoon, even.

13                 SENATOR O'MARA:   Through you, 

14    Mr. President, if Senator Krueger will continue 

15    to yield.

16                 ACTING PRESIDENT COONEY:   Does the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Of course.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR O'MARA:   Is this -- this 

22    bill then was put forth by the Governor, 

23    basically a program bill, as we normally call 

24    them, coming from the Governor at this point?  

25                 SENATOR KRUEGER:   I think we 


                                                               2187

 1    usually call these extender bills.  

 2                 But yes, it came with a message of 

 3    necessity from the Governor today.

 4                 SENATOR O'MARA:   Through you, 

 5    Mr. President.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Of course.

 9                 ACTING PRESIDENT COONEY:   The 

10    sponsor yields.

11                 SENATOR O'MARA:   You know -- and I 

12    understand why we're doing this and am supportive 

13    to keep government going, albeit this Legislature 

14    and the Executive has again failed to pass an 

15    on-time budget.

16                 But the workers of New York State, 

17    various entities, and the recipients of services 

18    from New York State, you know, I think deserve 

19    that their government continues despite our 

20    inability to do our jobs timely.

21                 This is an extender for just 10 days 

22    from -- retroactive to April 1st till next 

23    Monday, April 10th?

24                 SENATOR KRUEGER:   Yes, it ends 

25    April 10th, that's correct.


                                                               2188

 1                 SENATOR O'MARA:   Through you, 

 2    Mr. President, if Senator Krueger would yield.

 3                 ACTING PRESIDENT COONEY:   Will the 

 4    sponsor yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.

 8                 SENATOR O'MARA:   So -- and we have 

 9    to do this today for the Comptroller so that 

10    payroll for the state workers that are paid this 

11    week, this Wednesday, that can be processed in 

12    time to get to them for this week's payroll, 

13    correct?  

14                 SENATOR KRUEGER:   Through you, 

15    Mr. President, not only yes, but I feel my 

16    colleague knows the answers to these questions 

17    before he asks them.  Yes.

18                 SENATOR O'MARA:   Through you, 

19    Mr. President, if the Senator will continue to 

20    yield.  

21                 ACTING PRESIDENT COONEY:   Will the 

22    Senator yield?

23                 SENATOR KRUEGER:   Certainly.

24                 ACTING PRESIDENT COONEY:   The 

25    sponsor yields.


                                                               2189

 1                 SENATOR O'MARA:   Does this extender 

 2    do anything with the pay for the Governor?

 3                 SENATOR KRUEGER:   No.

 4                 SENATOR O'MARA:   Through you, 

 5    Mr. President, if the Senator will continue to 

 6    yield.

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.

12                 SENATOR O'MARA:   So through this 

13    bill, going until next Monday, the house will be 

14    at ease throughout the Passover and Easter 

15    holidays, and we'll be back here at it again 

16    Monday.  

17                 Will the majorities be engaged in 

18    continued budget negotiations in between the 

19    specific holiday periods of the next week?  

20                 SENATOR KRUEGER:   My understanding 

21    is yes, that if the Governor is calling for 

22    three-way discussions between herself and the 

23    leaders and/or staff, that there will continue to 

24    be negotiations through next Monday.

25                 SENATOR O'MARA:   Through you, 


                                                               2190

 1    Mr. President, if Senator Krueger would continue 

 2    to yield.  

 3                 ACTING PRESIDENT COONEY:   Does the 

 4    sponsor yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.

 8                 SENATOR O'MARA:   Senator, has 

 9    there, at the negotiations thus far, been any 

10    table targets set for the various sections of the 

11    budget to be able to close those areas down?

12                 SENATOR KRUEGER:   No, I do not 

13    believe so.

14                 SENATOR O'MARA:   Through you, 

15    Mr. President, if Senator Krueger will continue 

16    to yield.

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield?

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.

22                 SENATOR O'MARA:   Senator Krueger, 

23    do you know when the next scheduled negotiating 

24    session is with the Executive and the legislative 

25    leaders and whether table targets are going to be 


                                                               2191

 1    reached at the next meeting?  

 2                 SENATOR KRUEGER:   So my 

 3    understanding is that the leaders meet with the 

 4    Governor at the request of the Governor.  And as 

 5    of walking in this room a few minutes ago, I have 

 6    not heard that she had requested another meeting 

 7    at this point.  But somebody may have more recent 

 8    information than myself.

 9                 And no, I don't believe that 

10    discussing table targets is necessarily a 

11    priority in any given specific meeting that might 

12    take place.

13                 SENATOR O'MARA:   Thank you, 

14    Senator.  

15                 Mr. President, if Senator Krueger 

16    will continue to yield.

17                 ACTING PRESIDENT COONEY:   Does the 

18    sponsor yield?

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.

22                 SENATOR O'MARA:   Aside -- from what 

23    I see, this bill is pretty much a bare-bones 

24    extender of just state operations for this 10-day 

25    period.  


                                                               2192

 1                 Are there any policy issues in here 

 2    that the Governor inserted that we're approving 

 3    today?  

 4                 SENATOR KRUEGER:   No, I don't 

 5    believe there's any policy changes.  

 6                 It's pretty much what we call a 

 7    straight extender for the money that absolutely 

 8    must be made available the next 10 days to make 

 9    sure that our government continues to operate and 

10    the employees of the State of New York, other 

11    than the legislators, continue to get paid.

12                 SENATOR O'MARA:   Thank you, 

13    Senator Krueger.

14                 Through you, Mr. President, if the 

15    Senator will continue to yield.

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR O'MARA:   Senator, can you 

22    tell us what the total appropriation is for this 

23    10-day extender?  

24                 SENATOR KRUEGER:   $592.5 million.

25                 SENATOR O'MARA:   Thank you, 


                                                               2193

 1    Mr. President.  Thank you, Senator Krueger.

 2                 SENATOR KRUEGER:   Thank you.

 3                 SENATOR O'MARA:   That's all I have.

 4                 ACTING PRESIDENT COONEY:   Are there 

 5    any other Senators wishing to be heard?

 6                 Seeing and hearing none, debate is 

 7    closed.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Mr. President, 

10    we've agreed to return this bill to the 

11    noncontroversial calendar.

12                 ACTING PRESIDENT COONEY:   The bill 

13    is returned to the noncontroversial calendar.

14                 The Secretary will read the last 

15    section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT COONEY:   Call the 

19    roll.

20                 (The Secretary called the roll.) 

21                 ACTING PRESIDENT COONEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 61.

24                 ACTING PRESIDENT COONEY:   The bill 

25    is passed.


                                                               2194

 1                 Senator Gianaris, that completes the 

 2    reading of today's calendar.

 3                 SENATOR GIANARIS:   Is there any 

 4    further business at the desk?

 5                 ACTING PRESIDENT COONEY:   There is 

 6    no further business at the desk.

 7                 SENATOR GIANARIS:   I move to 

 8    adjourn to the call of the Temporary President of 

 9    the Senate, with the intervening days being 

10    legislative days.

11                 ACTING PRESIDENT COONEY:   On 

12    motion, the Senate stands adjourned until the 

13    call of the Temporary President, intervening days 

14    being legislative.  

15                 (Whereupon, at 4:07 p.m., the Senate 

16    adjourned.)

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