Regular Session - April 3, 2023
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 April 3, 2023
11 12:38 p.m.
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14 REGULAR SESSION
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18 SENATOR JEREMY A. COONEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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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.
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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,
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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:
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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
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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
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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
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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
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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.
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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.
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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,
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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
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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.
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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,
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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.
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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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