Regular Session - April 20, 2023

                                                                   2431

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 20, 2023

11                     10:31 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2432

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

 2                 ACTING PRESIDENT BAILEY:   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 BAILEY:   Imam 

 9    Ahmad Karkour, from the Masjid As-Salam Mosque, 

10    in Albany, New York, will deliver today's 

11    invocation.  

12                 IMAM AHMAD KARKOUR:  Asalamu 

13    Alaikum.

14                 (Response of "W'Alaikum Asalam.") 

15                 IMAM AHMAD KARKOUR:   {In Arabic.}

16                 Peace be upon you all.  How are you 

17    all doing today?  It's my pleasure to be with you 

18    today, and I have the honor to be with you today.  

19                 Just let me recite some verses from 

20    our Holy Book, that's the Quran.  

21                 {In Arabic.}  These are two verses 

22    from the Quran.  The first verse says:  All 

23    mankind, worship your God that have created you 

24    and that created all people before you, in order 

25    to be aware, to be so aware of that, God's 


                                                               2433

 1    righteousness. 

 2                 The second verse, our believers, 

 3    that it is necessary for you to purify yourselves 

 4    to be those who are aware.  

 5                 It says that -- the main 

 6    significance of these two verses, in the first 

 7    verse, God addresses the whole of mankind, that 

 8    all we are created from one thing.  

 9                 Just like, in another verse, Allah 

10    the Almighty, subhanahu wa ta'ala, said {in 

11    Arabic}.  In this verse God says that all 

12    mankind, I have created you from males and 

13    females, and I make you different people and 

14    different tribes, to know one another.   

15                 This is the main message of Quran, 

16    that to -- to have peace to the whole of mankind.  

17    The meaning of Islam, it means peace, Islam means 

18    peace.  

19                 So our Prophet Muhammad, peace be 

20    upon him, said {Arabic}:  The one who thinks that 

21    fasting and starving from only drinking and 

22    eating, Allah, that's God, doesn't need him to 

23    punish himself, to leave food or drink, if he 

24    doesn't purify his heart. 

25                 So if the one purifies his heart and 


                                                               2434

 1    purifies himself and makes his heart clean to 

 2    love all, to live peacefully with all different 

 3    kinds of people, that's the one that God wants 

 4    him to do.  

 5                 So our Prophet Muhammad {in Arabic} 

 6    told the whole of humanity that Allah {in Arabic} 

 7    gave him a message as a clear verse in Quran {in 

 8    Arabic} that says {in Arabic} I haven't sent you 

 9    our Muhammad except as a mercy for the whole 

10    mankind.  He didn't make it specific for specific 

11    people, but for the whole mankind is mercy.

12                 So the Most Merciful -- that's from 

13    Allah's names, from God's names -- is the most 

14    merciful.  You know, believing in God, that he is 

15    the most merciful, to live peacefully with one 

16    another.  

17                 Thank you so much.  I have the great 

18    honor and great pleasure to be with you today.  

19    Thank you so much.  And Asalamu Alaikum.

20                 Response of ("W'Alaikum Asalam.")

21                 ACTING PRESIDENT BAILEY:   The 

22    reading of the Journal.

23                 THE SECRETARY:   In Senate, 

24    Wednesday, April 19, 2023, the Senate met 

25    pursuant to adjournment.  The Journal of Tuesday, 


                                                               2435

 1    April 18, 2023 was read and approved.  On motion, 

 2    the Senate adjourned.

 3                 ACTING PRESIDENT BAILEY:   Without 

 4    objection, the Journal stands approved as read.

 5                 Presentation of petitions.

 6                 Messages from the Assembly.

 7                 Messages from the Governor.

 8                 Reports of standing committees.

 9                 Reports of select committees.

10                 Communications and reports from 

11    state officers.

12                 Motions and resolutions.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Good morning, 

15    Mr. President.  

16                 We're going to begin with previously 

17    adopted Resolution 650, by Senator Thomas, read 

18    its title and recognize Senator Thomas.

19                 ACTING PRESIDENT BAILEY:   The 

20    Secretary will read.

21                 THE SECRETARY:   Senate Resolution 

22    650, by Senator Thomas, observing and celebrating 

23    March 22-April 21, 2023, as Ramadan, the month of 

24    fasting for the Muslim community, in the State of 

25    New York.


                                                               2436

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Thomas on the resolution.

 3                 SENATOR THOMAS:   Thank you, 

 4    Mr. President.  

 5                 And Ramadan Mubarak to everyone.  

 6                 Thank you to Imam Ahmad Karkour from 

 7    Masjid As-Salam Mosque here in Albany for gracing 

 8    this chamber with the opening prayer.  

 9                 As you all know, we haven't passed a 

10    budget yet, so all the help we can get, you know.  

11    So thank you.

12                 (Laughter.)

13                 SENATOR THOMAS:   Today is the last 

14    day of Ramadan for millions of Muslims around the 

15    world.  This month has been an opportunity to 

16    focus on spiritual growth, forgiveness, patience, 

17    compassion, and unity across communities.

18                 It is with great pride and honor 

19    that I stand here to speak on this resolution.  

20    Ramadan is the month in which Muslims believe the 

21    Holy Quran was revealed to the Prophet Muhammad, 

22    beginning with the simple word "Iqra," which 

23    means "read."  

24                 During the entire month of Ramadan, 

25    Muslims are obligated to fast every day from dawn 


                                                               2437

 1    to sunset.  Fasting is a way to bring people 

 2    closer to God.

 3                 Here in New York we are blessed with 

 4    Muslim communities as diverse as our nation 

 5    itself.  And what is unique about this community 

 6    during Ramadan is that at the same time every 

 7    night, they break their fast together.

 8                 There is a special significance this 

 9    year as the three Abrahamic faiths all celebrate 

10    High Holy Days in same month.  In fact, this 

11    happens only once every 33 years -- my best 

12    friend, who is Muslim, told me this -- Passover, 

13    the end of Lent and Easter, and now the end of 

14    Ramadan, with Eid following tomorrow.

15                 The Quran, the Bible and the Torah 

16    all call on believers to love one's neighbor and 

17    to welcome strangers.  The Quran tells us that we 

18    are all people of the Book and that we share a 

19    common humanity and dignity.  No matter our 

20    religious beliefs, we are tasked with advancing 

21    justice, progress, tolerance, and the dignity for 

22    all human beings, like all of us do in this 

23    chamber.

24                 The Hebrew Torah tells us never to 

25    turn aside a stranger, for it is like turning 


                                                               2438

 1    aside God.  

 2                 And the Christian Bible says that 

 3    people should love their neighbor as themselves.  

 4                 The Quran also teaches that we 

 5    should do unto others as we wish to have done to 

 6    us, and reject for others what we would reject 

 7    for ourselves.  

 8                 I am reminded, with all of this, 

 9    that we are all one American family.  As the 

10    appearance of the New Moon begins and brings a 

11    close to the Holy Month, I want to recognize this 

12    beautiful and diverse Muslim community from all 

13    over New York State as they celebrate 

14    Eid al-Fitr.  The festival of Eid al-Fitr brings 

15    Muslims together once again to celebrate the end 

16    of the month-long fasting.  

17                 And now, from my Senate family to 

18    yours, I hope this Eid brings everyone who's 

19    celebrating joy, health and prosperity.  Eid 

20    Mubarak, everyone.

21                 ACTING PRESIDENT BAILEY:   Thank 

22    you, Senator Thomas.

23                 Senator Chu on the resolution.

24                 SENATOR CHU:   Thank you, 

25    Mr. President.  


                                                               2439

 1                 It is my great honor to be able to 

 2    speak here and support this resolution, and I 

 3    would like to take this moment to thank my 

 4    colleague Senator Thomas for introducing this 

 5    bill -- resolution.  

 6                 Ramadan commemorates the holiest 

 7    months in the Islamic calendar.  Muslims around 

 8    the world are fasting from sunrise to sunset for 

 9    30 full days, practicing and strengthening their 

10    faith and core values.  

11                 For Muslims around the world, 

12    Ramadan is a time of spiritual renewal, a time to 

13    reaffirm duty to serve one another, especially 

14    the least fortunate among us.  

15                 I'm very proud to represent a large 

16    population of Muslim communities throughout 

17    Bay Ridge, Kensington, Bensonhurst, and 

18    Bath Beach in southern Brooklyn.  These vibrant 

19    communities come from many different countries 

20    and speak many diverse languages and dialects.  

21    It truly shows the beautiful diversity that makes 

22    New York so special.

23                 As today, Thursday, April 20th, 

24    marks the last day of Ramadan, and the Muslim 

25    community will be celebrating Eid al-Fitr 


                                                               2440

 1    tomorrow, many in the Muslim community have 

 2    dedicated much of this month to giving back 

 3    through food drives and community events.  I have 

 4    great partners on the ground -- passionate 

 5    community organizations and groups that do so 

 6    much for those in my district and to serve the 

 7    community altogether.  

 8                 And tomorrow, for Eid, communities 

 9    will gather for morning prayer, sharing meals, 

10    visiting family members and loved ones, and 

11    practicing their traditions.  I wish the Muslim 

12    community in southern Brooklyn, in New York 

13    State, and all over the world:  Ramadan Kareem, 

14    and Eid Mubarak.  May your fasts, good deeds and 

15    prayers be accepted.

16                 Thank you.

17                 ACTING PRESIDENT BAILEY:   Thank 

18    you, Senator Chu.

19                 Senator Fernandez on the resolution.

20                 SENATOR FERNANDEZ:   Thank you, 

21    Mr. President.  

22                 And thank you to our sponsor for 

23    introducing this bill.

24                 I want to take a quick moment as 

25    well to celebrate with all of New York State, 


                                                               2441

 1    especially the 34th Senate District that has a 

 2    beautiful large population of those practicing in 

 3    this last month of Ramadan.  

 4                 As my colleague said, our 

 5    communities are so beautifully diverse.  And in 

 6    joining them this last month, breaking fast and 

 7    really reflecting on what is to be for the next 

 8    year and the next holiday, has been a true 

 9    pleasure and honor and a beautiful thing.  

10                 So Ramadan Mubarak.  Happy Eid.  And 

11    thank you so much for bringing this to the floor.

12                 ACTING PRESIDENT BAILEY:   Thank 

13    you, Senator Fernandez.  

14                 Senator Ramos on the resolution.

15                 SENATOR RAMOS:   Thank you, 

16    Mr. President.  

17                 You know, having grown up in my 

18    district among the most diverse of populations in 

19    the entire country, I have to say that having 

20    been exposed to all sorts of different religions 

21    has been a blessing in my life.  

22                 And growing up having Muslim 

23    friends, I've been able to see the beauty of 

24    Islam throughout the last almost 38 years of my 

25    life.


                                                               2442

 1                 And this particular resolution is 

 2    one that I'm thankful for.  Thank you, 

 3    Senator Thomas, for bringing it to the floor, 

 4    because it does allow us to fight Islamophobia, 

 5    to lift up the lives of our Muslim neighbors so 

 6    that everyone can know the beauty of a religion 

 7    that does truly bring peace to not only their 

 8    community but ours as a whole.

 9                 And, you know, as I've been hosting 

10    my own iftar and celebrating iftars with 

11    different sections of my district, I've been 

12    traveling and asking my Muslim neighbors to make 

13    very special dua for us, to make dua for the 

14    Governor, to make dua for a budget that does 

15    truly impact the lives of New Yorkers in the best 

16    possible way.

17                 I'm hoping that we raise the wage, 

18    I'm hoping that we continue to fully fund our 

19    public schools and hospitals and so much more 

20    that our society truly needs for us to do.

21                 So thank you, Mr. President, and I 

22    will be voting in favor of this resolution.

23                 ACTING PRESIDENT BAILEY:   Thank 

24    you, Senator Ramos.

25                 Senator Stavisky on the resolution.


                                                               2443

 1                 SENATOR STAVISKY:   Thank you, 

 2    Mr. President.

 3                 Thank you to Senator Thomas for 

 4    bringing this resolution to the floor.

 5                 My new Senate district contains a 

 6    large Muslim community, and I'm proud to 

 7    represent them.  I have been to quite a few 

 8    iftars during the past month.  And the Eid 

 9    celebration I believe is Friday.  

10                 And I think it's important that we 

11    celebrate not only the existence of Ramadan, but 

12    the way the communities come together.  That we 

13    speak with one voice.  As the resolution 

14    described, we have so much in common, and that is 

15    what's important -- not what divides us, but what 

16    brings us together.

17                 So I wish all of my Muslim friends a 

18    very peaceful new year, and Mubarak Ramadan -- or 

19    maybe I have it the other way.  

20                 Thank you.

21                 ACTING PRESIDENT BAILEY:   Thank 

22    you, Senator Stavisky.

23                 Senator Cleare on the resolution.

24                 SENATOR CLEARE:   I want to thank my 

25    colleague Senator Thomas for this important 


                                                               2444

 1    resolution.  

 2                 I represent Harlem, most people 

 3    know, which has a rich Muslim history to it.  And 

 4    I'll be joining them because, you know, Islam has 

 5    contributed so much to our civil rights, and the 

 6    Islamic community has contributed so much to our 

 7    civil rights to fight for social justice.  It 

 8    goes beyond the faith.

 9                 And they -- I'll be joining them 

10    tomorrow because they are going to actually come 

11    out and feed the community.  I look forward to it 

12    every year, where they embrace the entire 

13    community and remind us all to reflect and remind 

14    us all that we are brothers and sisters together, 

15    trying to keep our communities together.

16                 So I'm really thankful for this 

17    resolution.  I'm going to lift them up.  I'll be 

18    with Masjid Malcolm Shabazz tomorrow, and y'all 

19    can all come if you want.

20                 (Laughter.)

21                 SENATOR CLEARE:   But they're very 

22    close to me and the work that I do, and I 

23    appreciate you lifting them up today.

24                 Thank you.

25                 ACTING PRESIDENT BAILEY:   Thank 


                                                               2445

 1    you, Senator Cleare.  

 2                 Senator Canzoneri-Fitzpatrick on the 

 3    resolution.

 4                 SENATOR CANZONERI-FITZPATRICK:   

 5    Thank you, Mr. President.

 6                 Thank you to the sponsor today for 

 7    this resolution.  

 8                 One of the beauties of being a new 

 9    Senator is learning about the other cultures and 

10    religions that reside within my district.  I 

11    happen to have a very large Muslim population, 

12    and I was honored to be part of their initial 

13    ceremony at the start of Ramadan.

14                 I admire their devotion and the 

15    people that fast during this time.  And I 

16    absolutely think the beautiful sentiment of do 

17    unto others as we would want done to us is a 

18    beautiful message for all of us -- and what a 

19    better world it would be if we could all stick to 

20    that.  

21                 So thank you very much for the 

22    resolution.

23                 ACTING PRESIDENT BAILEY:   Thank 

24    you, Senator Canzoneri-Fitzpatrick.  

25                 The resolution was previously 


                                                               2446

 1    adopted on April 10th.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Mr. President, 

 4    Senator Thomas would like to open that resolution 

 5    for cosponsorship.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    resolution is open for cosponsorship.  Should you 

 8    choose not to be a cosponsor, please notify the 

 9    desk.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   There will be an 

12    immediate meeting of the Rules Committee in 

13    Room 332.

14                 ACTING PRESIDENT BAILEY:   There 

15    will be an immediate meeting of the Rules 

16    Committee in Room 332.

17                 SENATOR GIANARIS:   The Senate will 

18    stand at ease.

19                 ACTING PRESIDENT BAILEY:   The 

20    Senate will stand at ease.

21                 (Whereupon, the Senate stood at ease 

22    at 10:48 a.m.)

23                 (Whereupon, the Senate reconvened at 

24    10:53 a.m.)

25                 ACTING PRESIDENT BAILEY:   The 


                                                               2447

 1    Senate will return to order.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Mr. President, 

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

 5    desk.  Can we take that up, please.  

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will read.

 8                 THE SECRETARY:   Senator 

 9    Stewart-Cousins, from the Committee on Rules, 

10    reports the following bill:  

11                 Senate Print 6440, by 

12    Senator Krueger, an act making appropriations for 

13    the support of government. 

14                 The bill is reported direct to third 

15    reading.

16                 SENATOR GIANARIS:   Move to accept 

17    the report of the Rules Committee.

18                 ACTING PRESIDENT BAILEY:   All those 

19    in favor of accepting the report of the 

20    Rules Committee please signify by saying aye.

21                 (Response of "Aye.")

22                 ACTING PRESIDENT BAILEY:   Opposed, 

23    nay.

24                 (No response.)

25                 ACTING PRESIDENT BAILEY:   The 


                                                               2448

 1    report of the Rules Committee is accepted.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Please take up 

 4    the supplemental calendar.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    625, Senate Print 6440, by Senator Krueger, an 

 9    act making appropriations for the support of 

10    government.  

11                 SENATOR GIANARIS:   Is there a 

12    message of necessity and appropriation at the 

13    desk?  

14                 ACTING PRESIDENT BAILEY:   There is 

15    a message of necessity and appropriation at the 

16    desk.

17                 SENATOR GIANARIS:   Move to accept 

18    the message.  

19                 ACTING PRESIDENT BAILEY:   All those 

20    in favor of accepting the message please signify 

21    by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT BAILEY:   Opposed, 

24    nay.

25                 (Response of "Nay.")


                                                               2449

 1                 ACTING PRESIDENT BAILEY:   The 

 2    message is accepted, and the bill is before the 

 3    house.  

 4                 Senator Borrello --

 5                 SENATOR LANZA:   Lay it aside.

 6                 ACTING PRESIDENT BAILEY:   Excuse 

 7    me, the bill is laid aside.

 8                 (Laughter.)

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Gianaris.

11                 SENATOR GIANARIS:   Please go to the 

12    controversial calendar.

13                 ACTING PRESIDENT BAILEY:   The 

14    Secretary will ring the bell.

15                 The Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    625, Senate Print 6440, by Senator Krueger, an 

18    act making appropriations for the support of 

19    government.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Borrello, why do you rise?

22                 SENATOR BORRELLO:   Mr. President, 

23    will the sponsor yield for a question.

24                 ACTING PRESIDENT BAILEY:   Would the 

25    sponsor yield?


                                                               2450

 1                 SENATOR KRUEGER:   I'll respond to 

 2    one question, yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor will respond to one question.

 5                 SENATOR BORRELLO:   Mr. President, 

 6    through you.  Has the sponsor seen the movie 

 7    Groundhogs Day?  

 8                 (Laughter.)

 9                 ACTING PRESIDENT BAILEY:   Could you 

10    repeat the question?  

11                 SENATOR BORRELLO:   Has the sponsor 

12    seen the movie Groundhogs Day?  

13                 (Laughter.)

14                 SENATOR KRUEGER:   I believe I 

15    answered that after the last extender.  Yes, I 

16    enjoyed the movie Groundhog Day.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor enjoys the movie.

19                 (Laughter.)

20                 SENATOR BORRELLO:   Mr. President, 

21    this would have been much funnier if 

22    Senator Mayer was up there and I was wearing the 

23    same tie as Monday.  But that notwithstanding, 

24    would the sponsor yield for another question.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               2451

 1    sponsor yield?

 2                 SENATOR KRUEGER:   Okay.

 3                 (Laughter.)

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Senator reluctantly yields.

 6                 SENATOR BORRELLO:   Through you, 

 7    Mr. President.  

 8                 So could you please tell us what the 

 9    value of this extender is.

10                 SENATOR KRUEGER:   I'm having a 

11    little trouble hearing today.  What the what of 

12    the extender?

13                 SENATOR BORRELLO:   (Tapping mic.)  

14    Is this thing on?  

15                 What is the value of this extender?

16                 CHAIRWOMAN KRUEGER:   Oh, the value.  

17                 Well, I think the big-picture value 

18    is it ensures workers continue to get paid.  

19                 But the actual dollar amount of the 

20    extender is $3.46 billion in appropriation 

21    authority from now until next Monday.

22                 SENATOR BORRELLO:   Mr. President, 

23    will the sponsor continue to yield.

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               2452

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR BORRELLO:   Thank you.  

 5                 So is this a straight extender, or 

 6    is there any policy contained in this?

 7                 SENATOR KRUEGER:   I don't really 

 8    believe there's any policy changes here.

 9                 There is an increase, primarily 

10    because there was money due for SED purposes, 

11    State Education Department.

12                 SENATOR BORRELLO:   Mr. President, 

13    will the sponsor continue to yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR BORRELLO:   So you mentioned 

20    the SED.  Thank you very much.  That probably 

21    explains the $3.6 billion price tag.

22                 So this extender gets us through 

23    just till Monday, the 24th.  Do we expect to see 

24    some budget bills introduced, maybe perhaps 

25    tomorrow, so we can have the proper aging so we 


                                                               2453

 1    can vote on them next week?  

 2                 SENATOR KRUEGER:   I would love 

 3    that, sincerely.  I think we're all getting tired 

 4    of this.  Unfortunately, none of us in this room 

 5    seem to control that.

 6                 So I can say continuously I live in 

 7    hope of that storyline, but I sincerely don't 

 8    know.  

 9                 What I do know is this extender will 

10    get us through Monday at noon, so that Monday 

11    morning, unless there are budget bills that could 

12    be possibly passed by Monday at noon, which I 

13    don't believe is possible, we'll be doing another 

14    Groundhog Day scene with you and I on next 

15    Monday.

16                 SENATOR BORRELLO:   Mr. President, 

17    will the sponsor continue to yield.

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR BORRELLO:   Well, as much as 

24    I love the movie I don't wish to have a sequel 

25    made here on the floor of the Senate.  But thank 


                                                               2454

 1    you.

 2                 But, you know, with the current 

 3    status of this -- we've all seen this in the 

 4    paper and so forth -- wouldn't it just be more 

 5    realistic to have an extender that reflects the 

 6    current status of the negotiations, or perhaps 

 7    lack of negotiations, rather than these four-day 

 8    extenders?  I mean, we're really keeping, you 

 9    know, the thousands and thousands of employees 

10    and others on the edge of their seat because of 

11    these short-term extenders.

12                 SENATOR KRUEGER:   So I would urge 

13    my colleagues to point that out to the only 

14    person in the state who controls that, the 

15    Governor.

16                 And I do feel that negotiations 

17    continue, Mr. President.  So I don't know that 

18    it's a correct statement to say that there is not 

19    negotiating progress moving forward.  

20                 But we are not at budget bills yet.  

21    So the recommendation of a longer extension can 

22    certainly be made by my colleagues across the 

23    aisle directly to the Governor's office.

24                 We here in the Senate, neither the 

25    Majority nor the Minority have any control 


                                                               2455

 1    whatsoever about the timelines of extenders, the 

 2    uses of the extender money, or the amounts.  That 

 3    is exclusively the domain of the floor below us, 

 4    the second floor.

 5                 SENATOR BORRELLO:   Mr. President, 

 6    will the sponsor continue to yield.

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor continue to yield?  

 9                 SENATOR KRUEGER:   Sure.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR BORRELLO:   Thank you again.  

13    Through you, Mr. President.

14                 So absent any budget bills on 

15    Monday, has the Comptroller indicated, you know, 

16    what day and time we will need to pass another 

17    extender to ensure that the employees get paid?

18                 SENATOR KRUEGER:   I don't know 

19    whether he's made any public statement, but we 

20    checked.  And yes, we need to pass an extender by 

21    noon on Monday.  So frankly, all of us here, 

22    we're used to starting sessions a little later on 

23    Monday because it's the day you come to town.  I 

24    recommend starting from home early that day.

25                 SENATOR BORRELLO:   Mr. President, 


                                                               2456

 1    will the sponsor continue to yield.

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor continue to yield?  

 4                 SENATOR KRUEGER:   Yes.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR BORRELLO:   Senator, you've 

 8    been here a lot longer than I have.  So can you 

 9    recall when the last time the budget was this 

10    late?  

11                 SENATOR KRUEGER:   We're thinking 

12    2010, but I'm not sure.  Maybe you actually know.  

13                 I've been here 20 years, so I've 

14    been here as late as August for budgets.

15                 SENATOR BORRELLO:   Thank you, 

16    Mr. President.  Will the sponsor yield for one 

17    last question.

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.  

23                 SENATOR BORRELLO:   You know, I just 

24    want to go back to the extender.  

25                 Couldn't this house, both houses, 


                                                               2457

 1    just negotiate an extender?  I mean, we have that 

 2    power.  We have the power of the purse.  It would 

 3    certainly be up to the Governor then to veto it 

 4    if she wished.

 5                 SENATOR KRUEGER:   No, I believe our 

 6    counsel's office has said that we do not have the 

 7    power to write or pass an extender bill.  That is 

 8    exclusively the power of the Governor.

 9                 SENATOR BORRELLO:   Mr. President, 

10    on the bill.

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Borrello on the bill.

13                 SENATOR BORRELLO:   Senator Krueger, 

14    thank you again.  None of us I think relish being 

15    here, and I think we all agree that we wish this 

16    wasn't happening, but yet here we are.

17                 You know, it's -- to look at this, 

18    $3.6 billion is what this extender amounts to.  

19    And that's just to get us through the weekend.  

20    It's a billion dollars a day.

21                 Now, I realize most of that has to 

22    do with education funding.  But imagine being, 

23    you know, those schools that have to rely on 

24    this, they have to rely on us standing here and 

25    continuing to extend this budget.  This is now 


                                                               2458

 1    the fourth extender that we have done.  

 2                 You know, people in general distrust 

 3    government.  They distrust this process because 

 4    they're not part of it, and quite frankly very 

 5    few people are.  Even those of us that are 

 6    elected to represent millions of people are still 

 7    not part of this process.  

 8                 But really what it all comes down to 

 9    is the fact that there should be no policy in 

10    this budget.  I spent 10 years in county 

11    government.  In county government, a budget is 

12    about the numbers.  It's about projections, it's 

13    about what's needed to provide the services to 

14    the people that you represent.

15                 Instead, we use this as an 

16    opportunity to bury controversial topics into a 

17    bill that's supposed to be about funding -- 

18    funding for some very critical things that people 

19    are hanging on the edge of their seat to know 

20    when the next time they're going to get the money 

21    that they so desperately need.  

22                 We need to stop this, reform this.  

23    This should not be a partisan issue.  We should 

24    take policy out of the budget process.  That way 

25    we don't have to continue this Groundhogs Day 


                                                               2459

 1    game.

 2                 Thank you, Mr. President.

 3                 ACTING PRESIDENT BAILEY:   Are there 

 4    any other Senators wishing to be heard?  

 5                 Seeing and hearing none, debate is 

 6    closed.  The Secretary will ring the bell.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 16.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 57.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 Senator Gianaris, that completes the 

19    reading of the controversial calendar.

20                 SENATOR GIANARIS:   Thank you, 

21    Mr. President.  

22                 On behalf of Majority Leader 

23    Stewart-Cousins, and in consultation with 

24    Senator Ortt, I hand up the following committee 

25    assignments of the Minority Conference and ask 


                                                               2460

 1    that it be filed in the Journal.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    hand-up is received and shall be filed in the 

 4    Journal.

 5                 Senator Gianaris.  

 6                 SENATOR GIANARIS:   Is there any 

 7    further business at the desk?

 8                 ACTING PRESIDENT BAILEY:   There is 

 9    no further business at the desk.

10                 SENATOR GIANARIS:   I move to 

11    adjourn until Monday, April 24th, at 11:00 a.m., 

12    intervening days being legislative days.

13                 ACTING PRESIDENT BAILEY:   On 

14    motion, the Senate stands adjourned until Monday, 

15    April 24th, at 11:00 a.m., intervening days being 

16    legislative.

17                 (Whereupon, at 11:02 a.m., the 

18    Senate adjourned.)

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