Regular Session - May 1, 2023

                                                                   2774

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 1, 2023

11                      2:13 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2775

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

 2                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   Reverend 

 9    Father Dan Quinn, from Blessed Sacrament Church 

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

11    invocation.  

12                 FATHER QUINN:   I thank you for 

13    having me with you today.  I appreciate the honor 

14    of being invited to pray with any group of 

15    people, but today, with you all, I'm very pleased 

16    to be here.

17                 I usually begin my prayers in the 

18    name of the Father and of the Son and the 

19    Holy Spirit.  

20                 There is a scene in the Gospels 

21    where Jesus is visiting with friends, Mary, 

22    Martha, and Lazarus.  And Martha is busy about 

23    many things, lots of busy-ness, lots of -- she's 

24    worried about taking care of things, making sure 

25    everything is in order and things are getting 


                                                               2776

 1    done.  And meanwhile Martha believes that Mary is 

 2    neglecting those sorts of duties by just sitting 

 3    down and talking and having a good conversation 

 4    with Jesus, with the other people that they are 

 5    hosting, the other members of this family that 

 6    Jesus has gathered today.

 7                 I think regardless of our separate 

 8    religious traditions, there's something in that 

 9    about -- because Jesus has to remind her:  

10    "Martha, you're busy with too many things.  

11    Mary's chosen the better part of enjoying this 

12    time together as a family and as friends and as 

13    loved ones.  And all that other stuff is 

14    important, but it's secondary."

15                 I think that's a good reflection for 

16    times such as today where there's a lot of stuff 

17    to be worried about, I'm sure you are all 

18    concerned about.  But in a way, it's secondary to 

19    the primary relationships we have with one 

20    another as colleagues, friends, loved ones, 

21    neighbors within our community and within our 

22    state, and enjoying and prioritizing those 

23    fraternal bonds.  And then of course also 

24    going -- getting done what needs to be done, but 

25    understanding them in the right order.


                                                               2777

 1                 Let us pray.

 2                 Lord God, guide us into all truth 

 3    and give us the strength to do what is right and 

 4    what is just, especially as concerns this body 

 5    and the crafting of laws, the discussion of needs 

 6    and of priorities, and the discussion of the 

 7    requisites of basic human dignity.

 8                 May we respect all contributions to 

 9    these conversations and, on this Law Day, respect 

10    the legal systems that have been devised to 

11    protect the fair representation of ideas and of 

12    our process of sharing them with one another, of 

13    working to convince one another to see things 

14    from other points of views and then voting on 

15    them.  

16                 Help us, Lord, not to be short with 

17    one another, but long, in a way -- taking the 

18    time to hear arguments out, even when there will 

19    be disagreement.  Strengthen us with clarity of 

20    mind and sound logic.  And as we pray in the 

21    Serenity Prayer, help us to have the wisdom to 

22    know the difference between what is within our 

23    purview and what is not, especially those things 

24    that we must recognize only belong to You.  

25                 At the most basic level, Lord, help 


                                                               2778

 1    us to protect all You have created, all into 

 2    which You have breathed life.  And strengthen us 

 3    to be courageous, to act courageous, to speak -- 

 4    and courageous in humility and recognizing when 

 5    we do not have all the answers, and being honest 

 6    about that.

 7                 Almighty and eternal God, You have 

 8    revealed Your glory to all nations.  God of power 

 9    and might, wisdom and justice, through You 

10    authority is rightly administered, laws are 

11    enacted, and judgment is decreed.  We pray for 

12    the members of this Legislature who are entrusted 

13    to guard our political welfare.  May they be 

14    enabled by Your powerful protection to discharge 

15    their duties with honesty and ability.  

16                 We likewise commend to You all of 

17    the citizens here of our state, that we may be 

18    blessed in the knowledge and sanctified in 

19    observance of Your law.  Preserve our union, and 

20    the peace, and give us peace that the world 

21    cannot give.  And after enjoying the blessings of 

22    this life, of our time on earth, admit us to 

23    those lands that are eternal, in heaven with You.  

24                 And we pray to You who are Lord and 

25    God forever and ever.  Amen.


                                                               2779

 1                 (Response of "Amen.")

 2                 ACTING PRESIDENT PERSAUD:   Reading 

 3    of the Journal.

 4                 THE SECRETARY:   In Senate, Sunday, 

 5    April 30, 2023, the Senate met pursuant to 

 6    adjournment.  The Journal of Friday, April 28, 

 7    2023, was read and approved.  On motion, the 

 8    Senate adjourned.

 9                 ACTING PRESIDENT PERSAUD:   Without 

10    objection, the Journal stands approved as read.

11                 Presentation of petitions.  

12                 Messages from the Assembly.

13                 Messages from the Governor.  

14                 Reports of standing committees.

15                 Reports of select committees.

16                 Communications and reports from 

17    state officers.

18                 Motions and resolutions.

19                 Senator Gianaris.

20                 SENATOR GIANARIS:   Good afternoon, 

21    Madam President.  

22                 On behalf of Senator Ryan, I wish to 

23    call up Senate Print 101, recalled from the 

24    Assembly, which is now at the desk.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               2780

 1    Secretary will read.

 2                 THE SECRETARY:   Calendar Number 70, 

 3    Senate Print 101, by Senator Ryan, an act to 

 4    amend the Vehicle and Traffic Law and the 

 5    Real Property Law.

 6                 SENATOR GIANARIS:   Move to 

 7    reconsider the vote by which the bill was passed.

 8                 ACTING PRESIDENT PERSAUD:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 THE SECRETARY:   Ayes, 57.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is restored to its place on the Third Reading 

14    Calendar.  

15                 SENATOR GIANARIS:   I offer the 

16    following amendments.

17                 ACTING PRESIDENT PERSAUD:   The 

18    amendments are received, and the bill will retain 

19    its place on the Third Reading Calendar.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   There will now 

22    be an immediate meeting of the Finance Committee 

23    in Room 124.

24                 ACTING PRESIDENT PERSAUD:   There 

25    will be an immediate meeting of the 


                                                               2781

 1    Finance Committee in Room 124.

 2                 SENATOR GIANARIS:   The Senate 

 3    stands at ease.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senate will stand at ease.

 6                 (Whereupon, the Senate stood at ease 

 7    at 2:20 p.m.)

 8                 (Whereupon, the Senate reconvened at 

 9    2:37 p.m.)

10                 ACTING PRESIDENT PERSAUD:   The 

11    Senate will return to order.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Thank you, 

14    Madam President.  

15                 I believe there's a report of the 

16    Finance Committee at the desk.  

17                 Can we take that up.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Secretary will read.

20                 THE SECRETARY:   Senator Krueger, 

21    from the Committee on Finance, reports the 

22    following bills:  

23                 Senate Print 4004D, Budget Bill, an 

24    act making appropriations for the support of 

25    government;


                                                               2782

 1                 Senate Print 4005C, Budget Bill, 

 2    enacting into law major components of the 

 3    legislation necessary to implement the State 

 4    Public Protection and General Government Budget 

 5    for the 2023-2024 state fiscal year; 

 6                 Senate Print 4007C, Budget Bill, 

 7    enacting into law major components of legislation 

 8    necessary to implement the State Health and 

 9    Mental Hygiene Budget for the 2023-2024 state 

10    fiscal year; 

11                 Senate Print 4009C, Budget Bill, 

12    enacting into law major components of legislation 

13    which are necessary to implement the State Fiscal 

14    Plan for the 2023-2024 state fiscal year.

15                 All bills reported direct to third 

16    reading.

17                 SENATOR GIANARIS:   Move to accept 

18    the report of the Finance Committee.

19                 ACTING PRESIDENT PERSAUD:   All 

20    those in favor of accepting the report of the 

21    Finance Committee signify by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT PERSAUD:   Opposed, 

24    nay.

25                 (No response.)


                                                               2783

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    report is adopted.

 3                 Senator Gianaris.

 4                 SENATOR GIANARIS:   Please take up 

 5    the supplemental calendar.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Secretary will read.  

 8                 THE SECRETARY:   Calendar Number 

 9    715, Senate Print 4004D, Budget Bill, an act 

10    making appropriations for the support of 

11    government.

12                 SENATOR GIANARIS:   Is there a 

13    message of necessity at the desk?  

14                 ACTING PRESIDENT PERSAUD:   There is 

15    a message of necessity at the desk. 

16                 SENATOR GIANARIS:   Move to accept 

17    the message.

18                 ACTING PRESIDENT PERSAUD:   All 

19    those in favor of accepting the message of 

20    necessity signify by saying aye.

21                 (Response of "Aye.")

22                 ACTING PRESIDENT PERSAUD:   Opposed, 

23    nay. 

24                 (Response of "Nay.")

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               2784

 1    message is accepted, and the bill is before the 

 2    house.

 3                 SENATOR LANZA:   Lay it aside.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is laid aside.

 6                 THE SECRETARY:   Calendar Number 

 7    716, Senate Print 4005C, Budget Bill, an act to 

 8    amend Chapter 887 of the Laws of 1983.

 9                 SENATOR GIANARIS:   Is there a 

10    message of necessity at the desk?  

11                 ACTING PRESIDENT PERSAUD:   There is 

12    a message of necessity at the desk.

13                 SENATOR GIANARIS:   Move to accept 

14    the message of necessity.  

15                 ACTING PRESIDENT PERSAUD:   All 

16    those in favor of accepting the message of 

17    necessity please signify by saying aye.

18                 (Response of "Aye.")

19                 ACTING PRESIDENT PERSAUD:   Opposed, 

20    nay.

21                 (Response of "Nay.")

22                 ACTING PRESIDENT PERSAUD:   The 

23    message is accepted, and the bill is before the 

24    house.

25                 SENATOR LANZA:   Lay it aside.


                                                               2785

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is laid aside.

 3                 THE SECRETARY:   Calendar Number 

 4    717, Senate Print 4007C, Budget Bill, an act to 

 5    amend Part H of Chapter 59 of the Laws of 2011.

 6                 SENATOR GIANARIS:   Madam President, 

 7    is there a message of necessity at the desk?  

 8                 ACTING PRESIDENT PERSAUD:   There is 

 9    a message of necessity at the desk.

10                 SENATOR GIANARIS:   Move to accept 

11    the message of necessity.

12                 ACTING PRESIDENT PERSAUD:   All 

13    those in favor of accepting the message of 

14    necessity please signify by saying aye.

15                 (Response of "Aye.")

16                 ACTING PRESIDENT PERSAUD:   Opposed, 

17    nay.

18                 (Response of "Nay.")

19                 ACTING PRESIDENT PERSAUD:   The 

20    message is accepted, and the bill is before the 

21    house.

22                 SENATOR LANZA:   Lay it aside.

23                 ACTING PRESIDENT PERSAUD:   The bill 

24    is laid aside.

25                 THE SECRETARY:   Calendar Number 


                                                               2786

 1    718, Senate Print 4009C, Budget Bill, an act to 

 2    amend the Tax Law.

 3                 SENATOR GIANARIS:   Madam President, 

 4    I think there is another message of necessity at 

 5    the desk.

 6                 ACTING PRESIDENT PERSAUD:   There is 

 7    a message of necessity at the desk.

 8                 SENATOR GIANARIS:   Move to accept 

 9    the message of necessity.

10                 ACTING PRESIDENT PERSAUD:   All 

11    those in favor of accepting the message of 

12    necessity please signify by saying aye.

13                 (Response of "Aye.")

14                 ACTING PRESIDENT PERSAUD:   Opposed, 

15    nay.

16                 (Response of "Nay.")

17                 ACTING PRESIDENT PERSAUD:   The 

18    message is accepted, and the bill is before the 

19    house.

20                 UNIDENTIFIED SENATOR:   Lay it 

21    aside.  

22                 (Laughter.)

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Lanza, are you asking to lay it aside?  

25                 SENATOR LANZA:   Lay it aside.


                                                               2787

 1                 ACTING PRESIDENT PERSAUD:   Thank 

 2    you.  The bill is laid aside.  

 3                 Senator Gianaris, that completes the 

 4    reading of today's calendar.

 5                 SENATOR GIANARIS:   Let's move to 

 6    the controversial calendar, please.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Secretary will ring the bell.

 9                 The Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    715, Senate Print 4004D, Budget Bill, an act 

12    making appropriations for the support of 

13    government.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    O'Mara, why do you rise?

16                 SENATOR O'MARA:   Yes, 

17    Madam President.  I have a few questions for 

18    Senator Krueger on the budget bills before us.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Krueger, do you yield?  

21                 SENATOR KRUEGER:   I do.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senator yields.

24                 SENATOR O'MARA:   Thank you, 

25    Madam President.


                                                               2788

 1                 Well, Senator Krueger, here we are, 

 2    another year -- déjà vu all over again, as 

 3    Yogi Berra might say.  Groundhog Day, as someone 

 4    else might say, who will remain nameless.

 5                 And we're proceeding on a budget 

 6    now, again with messages of necessity.  We are 

 7    now a full month with an untimely budget.  We 

 8    have passed extenders for spending to keep state 

 9    government going each week throughout this 

10    period.  State government has continued to 

11    function.  State workers have continued to get 

12    paid.  State services have continued to be 

13    provided to everybody who receives them in the 

14    state.

15                 Why can't we wait an additional 

16    48 hours?  Since these bills were just introduced 

17    yesterday, we wouldn't need a message of 

18    necessity to bring them up on Wednesday under the 

19    constitutionally provided three-day aging period.  

20    What is the rush at this point?  What are we 

21    avoiding?  And what is the necessity that we 

22    can't wait two more days?

23                 SENATOR KRUEGER:   So the Governor, 

24    as she previously in other weeks has given us 

25    extenders -- and the Groundhog Day discussion 


                                                               2789

 1    followed that.  And happily it's not Groundhog 

 2    Day -- sorry, George.  We're actually facing the 

 3    opportunity to pass budget bills.  And my 

 4    colleague is correct, the Governor gave us 

 5    messages of necessity arguing there's a necessity 

 6    for us to move these bills in a rapid as opposed 

 7    to a three-day timeline.

 8                 I've been here now 20 years, under 

 9    Democratic governors, Republican governors, 

10    Republican majority, Democratic majority.  And 

11    people just seem to like to use messages of 

12    necessity to finally close down budgets.  It 

13    seems to happen over and over to us.

14                 So I suppose we're doing it this way 

15    because this is how the governors -- whoever they 

16    are -- seem to prefer that it happen, 

17    particularly, obviously, when we are a month 

18    late.

19                 SENATOR O'MARA:   Through you, 

20    Madam President, if Senator Krueger will continue 

21    to yield.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR KRUEGER:   Yes, I will.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               2790

 1    Senator yields.

 2                 SENATOR O'MARA:   Senator Krueger, 

 3    do you believe it is important to allow the 

 4    citizens of New York State the three-day aging 

 5    period to have an opportunity to review any bill, 

 6    particularly these budget bills for what's going 

 7    to be a $230 billion budget -- that they be given 

 8    the opportunity to review these bills, since 

 9    they're the ones that are going to be paying the 

10    cost of these bills, and have some time to give 

11    input to their representatives, all of us in this 

12    body?  

13                 We're acting on these bills today, 

14    with roughly a little over 24 hours notice, with 

15    no input from our constituents.  Or yours.  Do 

16    you believe it's important that the citizens of 

17    New York should have that three-day period, at a 

18    minimum, to be able to weigh in on this budget?

19                 SENATOR KRUEGER:   So I'll start 

20    with the second half.  I don't agree that 

21    constituents haven't had an opportunity to weigh 

22    in.  People have been weighing in with us since 

23    the day the Governor's proposed Executive Budget 

24    came out.  They have been commenting on the 

25    concerns they have, they have been testifying at 


                                                               2791

 1    budget hearings, they have been submitting, I 

 2    suspect, letters, calls and emails to all of us 

 3    here in the Senate, and they have been protesting 

 4    in our corridors and even at our homes in some 

 5    cases.  

 6                 So definitely people are letting us 

 7    know what their feelings are about different 

 8    proposals and issues within the budget.

 9                 Now to jump to the first half of the 

10    question, do I, Liz Krueger, think it would be 

11    better to wait three days?  I personally do.  I 

12    actually think I carried a bill for several 

13    years -- you might have found it already -- 

14    calling for budget bills to actually be out in 

15    print for 10 days, because I think they're so 

16    important.  That I actually think we should let 

17    everybody take a look at them for 10 days.  

18                 Shockingly to me and others, I don't 

19    actually get to control this city, so the fact 

20    that I actually think we should probably let 

21    people have even longer with the bills is not the 

22    decision that we are operating under at this 

23    time.

24                 SENATOR O'MARA:   Through you, 

25    Madam President, if the Senator will continue to 


                                                               2792

 1    yield.

 2                 ACTING PRESIDENT PERSAUD:   Will the 

 3    Senator yield?  

 4                 SENATOR KRUEGER:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    Senator yields.

 7                 SENATOR O'MARA:   Senator Krueger, 

 8    you know, we have before us today four bills of 

 9    the budget that were just introduced yesterday.  

10    We've done one bill, the debt service bill, 

11    previously.  That leaves five more bills that I 

12    can tell you our conference has not briefed yet, 

13    and hopefully they're not going to come up until 

14    tomorrow, so we at least get 24 hours notice to 

15    prepare for those.  

16                 But it's my understanding that two 

17    of the bills have not even been finalized yet and 

18    that issues are still being worked out in the 

19    State Operations Budget and in the Education 

20    Budget, which we're assuming is ultimately -- one 

21    of those two is going to be what we call the 

22    Big Ugly this year.  

23                 So major portions of these first 

24    four bills that have been omitted because they're 

25    controversial are going to be included in those 


                                                               2793

 1    bills tomorrow that are yet to come, yet to be in 

 2    print, yet for you to read the language, yet for 

 3    us to read the language, and certainly yet for 

 4    any New York State citizen to read the language.

 5                 So how can we be proceeding on a 

 6    budget today when we've got incomplete bills out 

 7    there that are going to contain major policy 

 8    issues affecting all New Yorkers?

 9                 SENATOR KRUEGER:   So we are asking 

10    everyone to vote on bills that we do have before 

11    us and have gone to print.  Leaving aside that 

12    there's not a long enough timeline for everyone 

13    to perhaps feel that they've had a chance to 

14    really review everything.  

15                 The bills that are not in print will 

16    not come to the floor today.  I suspect that they 

17    will be done by the end of today and then will 

18    likely come to the floor tomorrow.  But I don't 

19    know for sure because, again, it is not me 

20    ultimately who is making that decision.

21                 But there will be some time for all 

22    legislators to review the two bills that are yet 

23    to go into print.

24                 SENATOR O'MARA:   Thank you, 

25    Senator.


                                                               2794

 1                 Madam President, will the Senator 

 2    continue to yield?  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    Senator yield?  

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   Now, Senator, to 

 9    the fiscal plan, the financial plan.  Which, 

10    again, we just received today.  Is the financial 

11    plan -- and I'm not even sure if it's final yet.  

12                 Is the financial plan that I have 

13    indicating 229 billion, 823 million in spending, 

14    is this the final financial plan that I have 

15    before me?

16                 SENATOR KRUEGER:   Yes, as far as I 

17    know.  It's 229 billion, 823 million.  We have 

18    the same numbers today.  We didn't every other 

19    time.

20                 SENATOR O'MARA:   Through you, 

21    Madam President, if the Senator will continue to 

22    yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    Senator yield?  

25                 SENATOR KRUEGER:   Yes.


                                                               2795

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    Senator yields.  

 3                 SENATOR O'MARA:   This is roughly 

 4    2 billion, a little bit more, I think, than the 

 5    Governor's proposed budget -- and certainly 

 6    higher than the $800 million revenue consensus 

 7    that was made between the Governor and the two 

 8    houses a month or so ago.  

 9                 Where does the additional 

10    $1.2 billion come from to close that gap?

11                 SENATOR KRUEGER:   The Governor had 

12    proposed a slightly higher amount to go into the 

13    reserve fund than we have ended up with as a 

14    final number.

15                 And we -- there was an unofficial 

16    reserves fund also for economic uncertainty, and 

17    we have also reduced that.  And then we also 

18    learned that there was higher tax revenue last 

19    month than expected, so about 900 million 

20    additional in tax revenue that hadn't been 

21    accounted -- hadn't been appropriated.  

22                 So between the two different changes 

23    in the reserve funds and that additional 

24    900 million from the -- today is May -- March?  

25    March or April?  (Conferring.)  


                                                               2796

 1                 Sorry, the 900 million additional 

 2    from April, I believe that the Comptroller's 

 3    office reported 2.9 billion additional in April.  

 4    Two billion was anticipated to be that one-time 

 5    pass-through money, and the other 900 million 

 6    was, I suppose, surprise good news.

 7                 So those three items add up to the 

 8    additional money from the Governor's proposed 

 9    executive budget to this proposed final budget 

10    today.

11                 SENATOR O'MARA:   Thank you, 

12    Senator.  

13                 Madam President, if the Senator will 

14    continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    Senator yield?  

17                 SENATOR KRUEGER:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Senator yields.  

20                 SENATOR O'MARA:   Senator, just to I 

21    guess maybe summarize that in a shorter version, 

22    how much to balance this budget that we have 

23    before us -- almost all of the budget before 

24    us -- but I guess we know what the full spending 

25    is going to be even though it's not written yet.  


                                                               2797

 1    How much of New York State reserve funds are 

 2    being used to balance this budget?

 3                 SENATOR KRUEGER:   Technically none, 

 4    because these are monies that were proposed to 

 5    increase the reserve fund for the State of 

 6    New York but had not gone in, were simply 

 7    proposed in the Governor's original 

 8    Executive proposal.

 9                 SENATOR O'MARA:   Through you, 

10    Madam President, if the Senator will yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    Senator yield?

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.  

16                 SENATOR O'MARA:   Yet you said, 

17    Senator, that we're taking funds from the 

18    economic uncertainty reserve fund in the state.  

19    I believe most economists out there in the 

20    country have significant concerns of an impending 

21    recession which will certainly create economic 

22    uncertainties going forward throughout this next 

23    fiscal year.  Um --

24                 SENATOR KRUEGER:   Just to clarify, 

25    I misspoke.  I should not have said they were 


                                                               2798

 1    taken from them.  They were not going to be put 

 2    in.  So not as much money from the Governor's 

 3    original proposed budget will go into either the 

 4    reserve fund or the unofficial reserve fund.

 5                 So it's not that monies were taken 

 6    out, just less is going in as additional.

 7                 SENATOR O'MARA:   Through you, 

 8    Madam President, if the Senator will continue to 

 9    yield.

10                 SENATOR KRUEGER:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    Senator yields.

13                 SENATOR O'MARA:   Well, given the 

14    prognosis of impending recession and economic 

15    uncertainties, wouldn't it be wise for the state 

16    to be building upon our economic uncertainty 

17    funds?

18                 SENATOR KRUEGER:   (Conferring.)  So 

19    there still will be more money in the reserve 

20    funds than we have seen in a very long time in 

21    this state:  16.8 percent of General Funds will 

22    be in reserve funds.

23                 I believe that a series of good 

24    government groups have made recommendations that 

25    a great target for a state to get to is 


                                                               2799

 1    15 percent, so we would be over the recommended 

 2    proposals from good government organizations.

 3                 And as to whether or not we are 

 4    expecting a recession and the impact on that, 

 5    personally that is one of the great questions 

 6    open at this moment in history.  For months now I 

 7    have read economists telling me:  No, we don't 

 8    think we're having a recession; yes, I think we 

 9    are going to have a recession.  We might be in a 

10    recession, but it's a soft recession.  

11                 Data shows that employment continues 

12    to go up at a national level, and yet we have 

13    banks collapsing and yet we have all these 

14    indicators that go in all different directions at 

15    the same time.

16                 So, Senator O'Mara, I don't think 

17    you're an economist.  I guarantee you that I am 

18    not.  So it's a fascinating question, what are we 

19    going to be facing.  I think it's an important 

20    reason that of course the state should have 

21    reserve funds, for exactly those issues.  

22                 But I sincerely don't know if we 

23    could find anyone who would tell us -- I know we 

24    actually, in our revenue forecasting meeting a 

25    month and a half ago, we had four to five 


                                                               2800

 1    different economists, and I don't think any of 

 2    them had a great answer either about if and when 

 3    we might have a recession, what one looks like, 

 4    and what it would mean for us.  

 5                 So I certainly don't want to try to 

 6    take a giant guess either.

 7                 SENATOR O'MARA:   Thank you, 

 8    Senator.  

 9                 Through you, Madam President, if 

10    Senator Krueger would continue to yield.

11                 SENATOR KRUEGER:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Senator yields.

14                 SENATOR O'MARA:   Senator, is the 

15    financial plan before us today, is it balanced?  

16                 SENATOR KRUEGER:   Yes.

17                 SENATOR O'MARA:   Does this 

18    financial plan raise taxes?  And if so, which 

19    taxes?

20                 SENATOR KRUEGER:   (Conferring.)  

21    Okay.  I just want to make sure I had my facts 

22    right.

23                 So there's a cigarette tax increase 

24    of about a dollar a pack, which we actually 

25    project will lower tax revenue for the state.  


                                                               2801

 1    Some people think that's a funny story.  Others 

 2    think that reflects if you make cigarettes more 

 3    expensive, fewer people buy them, fewer people 

 4    smoke them, and that's a good public health win.  

 5    So there's that tax increase.  

 6                 And then there's a specific tax 

 7    increase only for businesses within New York 

 8    City, the payroll mobility tax that increases and 

 9    goes to help pay for the MTA operating revenue 

10    crisis.  But that is not specific to the entire 

11    state, and actually the revenue side is only from 

12    New York businesses.

13                 SENATOR O'MARA:   Thank you, 

14    Senator.

15                 Madam President, if the Senator will 

16    continue to yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    Senator yield?

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Senator yields.

22                 SENATOR O'MARA:   What is the 

23    increase in state operating funds from year to 

24    year in this budget?

25                 SENATOR KRUEGER:   Approximately 


                                                               2802

 1    5 billion in total.

 2                 SENATOR O'MARA:   Through you, 

 3    Madam President, if the Senator will continue to 

 4    yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    Senator yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   With that spending 

11    increase within this budget, are there any 

12    cost-containment provisions for uncertainties 

13    that might come down the road?

14                 SENATOR KRUEGER:   So, I'm sorry, 

15    just to make sure I understand the question, are 

16    we discussing the concept that there would be 

17    language in the budget that cut the budget 

18    automatically if something happened?  Is that the 

19    question?  Or is there another example that you 

20    had in mind?

21                 SENATOR O'MARA:   Through you, 

22    Madam President.  Yes, Senator, that would 

23    automatically either cut the growth off in a 

24    certain category, given certain situations.  

25                 Or are there -- on new programs in 


                                                               2803

 1    the budget, are there built-in caps on what the 

 2    new program -- or existing programs, 

 3    continuing -- what they can exceed in this fiscal 

 4    year?

 5                 SENATOR KRUEGER:   Okay.  So really 

 6    the only programs that don't have a cap on them 

 7    are programs called entitlement programs, pretty 

 8    much which are federal programs with some kind of 

 9    perhaps state match.  

10                 We don't really have entitlement 

11    programs that are state law which would 

12    automatically rise above what we budgeted for 

13    them based on the number of people eligible.

14                 And as far as what would we do to 

15    control spending if in fact we found ourselves 

16    with some emergency or crisis or a plummet in 

17    projected revenues?  I guess we are that fallback 

18    position, the Legislature.  Because the Governor 

19    could then come to us and say, Our projections 

20    were really off and now we have to reevaluate our 

21    spending plan for the remainder of the year.  

22                 And I suspect the Legislature would 

23    do our due diligence and our jobs and negotiate 

24    some change in the budget midyear because of 

25    something that happened.


                                                               2804

 1                 I know that I was -- I was brand-new 

 2    in the Senate in February 2002, I won in a 

 3    special election, so soon after 9/11, and there 

 4    were sudden emergency fiscal needs, and I believe 

 5    the Legislature did come back and change the 

 6    budget.  

 7                 I have been here in years where 

 8    revenues dropped and we had to face enormous cuts 

 9    in the budget during the budget negotiations, and 

10    we did our jobs and did that.  

11                 So I have to believe that if 

12    something either imaginable or unimaginable 

13    happened during the next 12 months changing our 

14    revenue situation or our need for expenditures, 

15    we would be responsible and respond at that time.

16                 SENATOR O'MARA:   Thank you, 

17    Senator.

18                 Madam President, if the Senator will 

19    continue to yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    Senator yield?

22                 SENATOR KRUEGER:   Yes, I do.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Senator yields.

25                 SENATOR O'MARA:   Senator Krueger, 


                                                               2805

 1    based on the fiscal plan I have before me, the 

 2    total of all the various reserve funds we have, 

 3    both statutory reserves and unofficial reserves, 

 4    is about $33.3 billion.  And that's about 

 5    1.6 billion less than what the Governor had 

 6    proposed.  Is that about accurate?  

 7                 SENATOR KRUEGER:   Yes, that is 

 8    correct.

 9                 SENATOR O'MARA:   Through you, 

10    Madam President, if the Senator will yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    Senator yield?

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.

16                 SENATOR O'MARA:   In this budget, 

17    Senator Krueger, how much is being spent to pay 

18    down the unemployment insurance debt owed to the 

19    federal government?

20                 SENATOR KRUEGER:   None of the 

21    General Fund money is used for that purpose.  The 

22    Unemployment Insurance Benefit Trust Fund is a 

23    separate item not technically on-budget, and it 

24    is not a state obligation to pay that back.  It 

25    is the Unemployment Benefit Fund that is 


                                                               2806

 1    obligated to pay that back.

 2                 SENATOR O'MARA:   Through you, 

 3    Madam President, if the Senator will continue to 

 4    yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    Senator yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   So under that, 

11    Senator Krueger, the pay-back of that is left 

12    upon every business in New York State with 

13    increased unemployment insurance costs until that 

14    gets paid off.

15                 How long are you anticipating it's 

16    going to take the businesses of New York State to 

17    pay down this massive unemployment insurance 

18    debt, which is in the range of $8 billion, 

19    according to my sources.

20                 SENATOR KRUEGER:   Through you, 

21    Madam President, I'm just hearing discussion, but 

22    my belief is that yes, it's about $8 billion, a 

23    little less, and that it should be paid off by 

24    2027.

25                 SENATOR O'MARA:   Thank you.


                                                               2807

 1                 Madam President, if the Senator will 

 2    continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    Senator yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   Senator, is there 

 9    an effort underway by the Majorities or by the 

10    Executive of this state to encourage the federal 

11    government to forgive some of that unemployment 

12    insurance debt?  And do you think that is 

13    something that the federal government should do?

14                 SENATOR KRUEGER:   We don't know if 

15    the Governor has made that request of the federal 

16    government.

17                 And I just want to clarify.  So the 

18    purpose of unemployment benefits are that 

19    businesses pay in to make sure that there's 

20    adequate funds to address unemployment, with an 

21    expectation built into the design of the program 

22    that they're going to be, to use a biblical 

23    reference -- not such a great territory for me, 

24    Madam President -- but fat years and thin years 

25    for the cattle.  Remember that rule, that 


                                                               2808

 1    teaching from Sunday school?  I do.

 2                 And that so unemployment is there, 

 3    so you're paying in for the -- to have the grain 

 4    ready for the thin years, and then you hand out 

 5    the grain when people need it, and then you build 

 6    it back up during the fat years so you've got it 

 7    again during the next thin years.  

 8                 Maybe it wasn't a biblical story; 

 9    maybe it was a farming story.  But I was thinking 

10    it was a biblical story.

11                 And that's to some degree the exact 

12    design of unemployment benefits.  I'm teasing a 

13    little because I know Madam President is actually 

14    a religious woman, and we've had some discussions 

15    about religion, and I'm not the one to have the 

16    analogies.  But I think that was the design of 

17    unemployment.

18                 So some people will tell you, Yes, 

19    now we owe all this money back and it is going to 

20    cost businesses something.  And other people 

21    would come here and tell you, Well, we actually 

22    should have been increasing the unemployment 

23    payments during some of the good years.  And most 

24    states did, and so they found themselves with a 

25    larger trust fund when they needed it.  


                                                               2809

 1                 And we did not have enough money in 

 2    our trust fund when we hit a particularly tough 

 3    time for employment, and that is one of the 

 4    reasons that we are actually in this situation.

 5                 So some people might come to the 

 6    floor of the Senate and say the solution should 

 7    be and should have been to increase the payments 

 8    during the good years so that we didn't find 

 9    ourselves as we have in the bad years.

10                 But nonetheless, the program is 

11    designed to replenish itself.  And we are on 

12    schedule to do that by '27.  And I certainly hope 

13    we don't end up in any kind of giant drop in 

14    employment any time soon where that would become 

15    a new crisis for us.

16                 SENATOR O'MARA:   Thank you, 

17    Senator.

18                 Madam President, if the Senator will 

19    continue to yield.  

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    Senator yield?  

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Senator yields. 

25                 SENATOR O'MARA:   Is it your 


                                                               2810

 1    position, Senator, or that of the Majority in 

 2    this Senate that the cost of doing business is 

 3    New York is not high enough and they should be 

 4    paying more?

 5                 SENATOR KRUEGER:   I don't speak for 

 6    the Senate when we get into a discussion about 

 7    policy around unemployment benefits.  But I do 

 8    know that if you look at what New York's rate for 

 9    unemployment benefits is compared to neighboring 

10    states and even states around the country, and in 

11    fact how much we actually pay in unemployment 

12    benefits, we're below the standard for much of 

13    the country.

14                 And I do think it is a worthwhile 

15    discussion for us as a Legislature and a 

16    government to have.  And there are a variety of 

17    reform proposals for unemployment benefits that 

18    have been recommended that would address the fact 

19    that our unemployment benefits system doesn't 

20    even necessarily match the model of the economy 

21    we have, where people who may not have full-time 

22    jobs end up not being eligible for unemployment 

23    benefits.  People who have to have multiple 

24    part-time jobs can never really add up to get 

25    unemployment.  


                                                               2811

 1                 So there's a significant number of 

 2    workers in New York who find themselves not even 

 3    eligible for UI benefits, and I think that is an 

 4    important question so be asked.  The benefit 

 5    level that we pay is lower than many surrounding 

 6    states.  I think that's an important question to 

 7    ask.

 8                 And yes, in fact many of the 

 9    businesses in New York actually pay lower amounts 

10    into unemployment than they would in other 

11    states, and I think that's an important 

12    discussion to have.

13                 SENATOR O'MARA:   Through you, 

14    Madam President, if the Senator will continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    Senator yield?

18                 SENATOR KRUEGER:   Yes, I will.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senator yields.

21                 SENATOR O'MARA:   Senator, is it the 

22    position of the Majority of this body and the 

23    Governor that the businesses of New York State 

24    should have anticipated a global pandemic that 

25    resulted in huge costs around the globe, so they 


                                                               2812

 1    should have been prepared for that with their 

 2    unemployment insurance reserves?  

 3                 SENATOR KRUEGER:   No, sir, I don't 

 4    think that anyone thinks anyone should have been 

 5    able to have a crystal ball and know that there 

 6    was going to be a global pandemic that was going 

 7    to trigger such an enormous impact on our labor 

 8    markets and our employers and employees.

 9                 I was pointing out, I think in 

10    answer to the previous questions, that when you 

11    understand what UIB is supposed to be for, it is 

12    designed to supposed to be flexible enough to 

13    increase its trust funds during good years in 

14    preparation for bad years.

15                 But if you're asking me do I think 

16    that everybody should have known that in 2020 and 

17    '21 we would have hit this reality of that 

18    pandemic which had such an enormous impact pretty 

19    much on everyone?  No.  

20                 Although I guess I would argue that 

21    for the future, I think we as a society and even 

22    as the world need to understand we're now living 

23    in a time where there are scientists projecting 

24    more pandemics to come.  And they're projecting 

25    that some of them are directly correlated to 


                                                               2813

 1    climate changes.

 2                 So I guess on that laundry list of 

 3    things we just have to get better about, we 

 4    probably have to get better about planning for 

 5    pandemics as well as other global crises.

 6                 SENATOR O'MARA:   Thank you, 

 7    Senator.  

 8                 Through you, Madam President, if the 

 9    Senator will continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    Senator yield?

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR O'MARA:   The federal 

16    government throughout the COVID pandemic was 

17    extremely generous to the states in providing 

18    COVID relief funds.  How much in total did 

19    New York State receive in COVID relief funds from 

20    the federal government?

21                 SENATOR KRUEGER:   One minute.  

22    (Conferring.)

23                 We believe that the number was 

24    $53 billion from the federal government.  It was 

25    broken out into many different pots of money.  


                                                               2814

 1    Almost all had specific requirements of what it 

 2    could and could not be used for.

 3                 SENATOR O'MARA:   Through you, 

 4    Madam President, if the Senator will continue to 

 5    yield.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    Senator yield?

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Senator yields.

11                 SENATOR O'MARA:   How much of 

12    that -- 53 billion?  

13                 SENATOR KRUEGER:   Yes, sir.

14                 SENATOR O'MARA:   -- remains in the 

15    state coffers?

16                 SENATOR KRUEGER:   It's a relatively 

17    small amount, all of which is spoken for and I 

18    believe has to be spent by the end of the fiscal 

19    year we are just starting -- wait, I want to be 

20    careful.

21                 So a small amount.  We can try to 

22    get you an actual number; I don't have one right 

23    now.  But we agree it basically all has to be 

24    spent by the end of the fiscal year that we are 

25    technically a month into.


                                                               2815

 1                 SENATOR O'MARA:   Thank you, 

 2    Senator.

 3                 Madam President, if the Senator will 

 4    continue to yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    Senator yield?

 7                 SENATOR KRUEGER:   Sure.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   You mentioned that 

11    there were various limitations and certain areas 

12    that that federal COVID relief money had to be 

13    spent in.  I believe 32 states in this country 

14    utilized a portion of their COVID relief funds to 

15    pay down their unemployment insurance debt.  

16                 Why is New York State correct in not 

17    spending money to help pay that down when 

18    32 other states utilized that relief money for 

19    that purpose?

20                 SENATOR KRUEGER:   Well, there are 

21    50 independent states so we each make our 

22    decisions as we believe are in the best interests 

23    of our people.

24                 Without having evaluated how those 

25    other 32 states chose not to spend their money 


                                                               2816

 1    because they spent some of it for UIB, I don't 

 2    know if I'd be in a position to answer.

 3                 I know -- at least initially I'll 

 4    point out New York was one of the earliest states 

 5    to be hit hard by COVID, and I think 

 6    disproportionately proved to be one of the states 

 7    hit hardest by COVID.  So I think an enormous 

 8    amount of the money went into emergency 

 9    healthcare-related costs.  

10                 I don't know -- not only do I not 

11    know how other states spent theirs, if you look 

12    at every imaginable list of what they would have 

13    spent on, I don't know that we as a group or 

14    individually would have thought that the 

15    decisions made by this state were the wrong 

16    things to decide to spend money on, versus not 

17    spend money on.

18                 Because certainly I agree with my 

19    colleague that trying to save money for our 

20    businesses and having to expend money on UIB is 

21    one important issue.  But I hazard to guess, if 

22    we looked at the list of all the ways that COVID 

23    emergency federal funds were spent, we would all 

24    have a very long list of things we thought that 

25    the money should be spent on, and probably some 


                                                               2817

 1    differences of opinion on prioritization.

 2                 SENATOR O'MARA:   Thank you, 

 3    Senator.  I think that's it for my questions.  

 4    Thank you, Senator Krueger, for the answers.  

 5                 If I can speak on the bill --

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    O'Mara on the bill.

 8                 SENATOR O'MARA:   -- for a moment.

 9                 You know, I think that last question 

10    and answer kind of demonstrates the attitude of 

11    this Governor and the Majorities of this 

12    Legislature when it comes to the economy of 

13    New York State and how it treats its businesses 

14    and entrepreneurs in New York State, with the 

15    really unconscionable cost of doing business in 

16    this state compared to many other states.

17                 Which in the end ultimately limits 

18    the opportunities that New York's entrepreneurs 

19    and businesses are able to offer up to the 

20    citizens of New York State, through employment 

21    opportunities and other areas that we're missing 

22    out on because of the cost of doing business in 

23    New York.  

24                 And this spending also results in 

25    making just the cost of living in New York State 


                                                               2818

 1    unaffordable, which we see with the exodus of 

 2    New Yorkers from New York State every year.  

 3    There's just been a report out in the last day or 

 4    two from the IRS about the loss of adjusted gross 

 5    income of the largest blue or Democrat-controlled 

 6    states in the country.  New York's is the 

 7    second-largest loss, losing adjusted gross income 

 8    to other lower-cost states.

 9                 This budget that we're here to vote 

10    on today, it's not even complete.  We don't even 

11    have the Big Ugly put together, which is going to 

12    have who knows what in it in the end.  We don't 

13    know.  Those discussions have been kept entirely 

14    in secret.  There's even really been very few 

15    leaks from the -- to the media, that the media's 

16    put out, on this during this behind-closed-doors 

17    budget negotiation.  

18                 Yet we're being asked to vote on 

19    budget bills now when there are still probably 

20    the two most significant bills yet to get put 

21    into print to know how this whole budget comes 

22    together.  We don't know that.

23                 But we do know what the overall 

24    spending is going to be, $230 billion.  And 

25    under -- this is the fifth year of one-party 


                                                               2819

 1    control in this state.  Spending in the state has 

 2    increased by about $60 billion in those 

 3    five years -- a 26 percent increase in overall 

 4    state spending in just five years.

 5                 The costs are astronomical.  The 

 6    impacts to New York as a whole on the cost of 

 7    affordability of living here and the cost of 

 8    doing business here suffer because of that.  

 9                 That $60 billion increase over the 

10    past five years is larger than the entire budgets 

11    of I think about 35 states in this country -- 

12    35 states, annually, spending less than just what 

13    our increase has been in the last five years.  

14    The states of Florida and Texas combined, their 

15    budgets don't exceed -- and they're lower than 

16    what this budget in New York State is.  Both of 

17    those states have greater populations than 

18    New York State.  Yet combined, their budgets 

19    don't match up to what we're spending here in 

20    New York State.

21                 And before you jump to conclusions 

22    and say, well, those are big red states, they're 

23    conservative, they don't provide the services we 

24    provide, they don't do this, they don't do 

25    that -- the State of California, with double the 


                                                               2820

 1    population of the State of New York, we spend in 

 2    this state, in this budget, 50 percent more than 

 3    what the State of California spends in its 

 4    budget, despite them having twice the population.  

 5    Fifty percent more.  That's a per-capita figure, 

 6    50 percent more.  Per capita, based on the 

 7    population, California spends less than we do in 

 8    New York with this budget.

 9                 It's unconscionable spending that's 

10    out of control.  It's unsustainable.  And yet we 

11    are at the eleventh hour again, being asked to 

12    vote on this budget through messages of 

13    necessity.  So that we didn't have the 

14    constitutionally required three-days aging to 

15    review these bills.  The citizens of New York 

16    have not had the opportunity to review these 

17    bills and tell us, their representatives, what 

18    they like or don't like, whether I should be 

19    voting up or down.  

20                 And it's not even a complete package 

21    yet.  It's premature.  We should be waiting till 

22    at least Wednesday of this week to be bringing 

23    these bills up, to provide the minimum requisite 

24    amount of aging for these bills.  It is just 

25    really, I think, an insult to the citizens of 


                                                               2821

 1    New York that you're not going to allow them the 

 2    ability to review and provide feedback.  

 3                 Individually, the various interest 

 4    groups out there hanging in the balance on what's 

 5    coming or not coming.  

 6                 And certainly with a $230 billion 

 7    budget, there's going to be a lot of things in 

 8    there that people like, including a lot of people 

 9    on this side of the aisle.  But overall, the 

10    amount of spending, the amount of taxing, and 

11    that impact on the cost of living in New York and 

12    the cost of doing business in New York, is too 

13    much, it's unsustainable, and I'm advocating for 

14    a no vote on this budget.

15                 Thank you, Madam President.

16                 ACTING PRESIDENT PERSAUD:   Thank 

17    you, Senator.

18                 Senator Helming.

19                 SENATOR HELMING:   Thank you, 

20    Madam President.  If the sponsor will yield for a 

21    question.

22                 ACTING PRESIDENT PERSAUD:   Will the 

23    sponsor yield?  

24                 SENATOR KRUEGER:   I do, 

25    Madam President.


                                                               2822

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR HELMING:   Thank you, 

 4    Senator Krueger.

 5                 Over the past several years the 

 6    state has closed a number of our correctional 

 7    facilities.  This includes Butler, in 

 8    Wayne County, and Groveland, which is located in 

 9    Livingston County.

10                 In the very short amount of time 

11    I've had to review the budget because of the 

12    short amount of time that we're given by the 

13    Majority, it appears that there are a number of 

14    line items for the redevelopment of certain 

15    locations and facilities.  And I'm wondering if 

16    any of the allocations are specifically earmarked 

17    for the redevelopment of our closed correctional 

18    facilities.

19                 SENATOR KRUEGER:   We're looking for 

20    additional staff.  I guess we guessed wrong what 

21    your question might be.  So if you'd give me 

22    another minute, please.

23                 SENATOR HELMING:   Through you, 

24    Madam President, while we wait if I can ask 

25    another question.


                                                               2823

 1                 ACTING PRESIDENT PERSAUD:   Will the 

 2    sponsor yield?  The sponsor yields.

 3                 SENATOR KRUEGER:   Yes.

 4                 SENATOR HELMING:   Senator Krueger, 

 5    are you aware that in December of 2022 the Prison 

 6    Redevelopment Commission presented a blueprint 

 7    for redeveloping the shuttered facilities?  

 8                 SENATOR KRUEGER:   No, I did not 

 9    know of that, Madam President.

10                 SENATOR HELMING:   Through you, 

11    Madam President, if the sponsor will continue to 

12    yield.

13                 ACTING PRESIDENT PERSAUD:   Will the 

14    sponsor yield?

15                 SENATOR KRUEGER:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR HELMING:   According to ESD, 

19    the commission is looking to utilize the New York 

20    State Budget to maximize funding and incentives 

21    for redevelopment, and ultimately generating 

22    positive economic, environmental and fiscal 

23    impacts in our communities where these facilities 

24    had been closed.

25                 So I guess we're going to have to 


                                                               2824

 1    wait for the actual question, which is, is there 

 2    new funding in the budget for the Economic 

 3    Transformation Program?  

 4                 SENATOR KRUEGER:   I think we may 

 5    have to wait because -- oh, because -- one 

 6    second.  (Conferring.)

 7                 Sorry.  So my understanding is that 

 8    the state has not put in additional money for 

 9    additional sites and is still working to resolve 

10    issues from previous times -- or resolve reuse of 

11    prisons closed at earlier times and follow 

12    through on commitments for them.

13                 But I think that the answer I'm 

14    getting is for these two prisons -- and I didn't 

15    ask you the name -- but we don't think there's 

16    anything new for them in this budget.

17                 SENATOR HELMING:   Thank you, 

18    Madam President.  If the sponsor will continue to 

19    yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?  

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR HELMING:   Thank you.  


                                                               2825

 1                 So yes, there are transformation 

 2    funds for the two prisons that I mentioned.  Yet 

 3    when those -- when the funding needs were 

 4    determined, it was done years and years ago.  And 

 5    we know what's happened with inflation, how the 

 6    cost of everything has skyrocketed.  So to hold 

 7    that level flat doesn't make much sense.  

 8                 So, Senator, are you saying that 

 9    there is no additional money in the budget for 

10    the Butler or Livingston County facilities?  

11                 SENATOR KRUEGER:   Yes, that is what 

12    I'm being advised, correct.

13                 SENATOR HELMING:   And if the 

14    sponsor will continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    sponsor yield?  

17                 SENATOR KRUEGER:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR HELMING:   Are you also 

21    saying that there isn't any funding in the budget 

22    at all for the Economic Transformation Program 

23    for the 12 facilities that were identified by the 

24    Governor's commission?

25                 SENATOR KRUEGER:   We're 


                                                               2826

 1    double-checking, but my first advice is that 

 2    there is no money for those 12 recommendations 

 3    within the Governor's Executive Budget or final 

 4    budget.  

 5                 SENATOR HELMING:   Madam President, 

 6    if the sponsor will continue to yield.  

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    Senator yield?  

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.  

12                 SENATOR HELMING:   Senator Krueger, 

13    so many of these facilities have the 

14    infrastructure capacity for redevelopment -- they 

15    have sewer, they have public water.  One of them 

16    that I'm familiar with is located on the shores 

17    of one of our Finger Lakes.  They're prime for 

18    development, for redevelopment.  

19                 Do you feel it's wise or even 

20    fiscally responsible to leave these facilities to 

21    continue to decline and decay, reducing their 

22    capacity and capability to be brought back online 

23    for the benefit of our local communities?

24                 SENATOR KRUEGER:   Through you, 

25    Madam President, I admitted that I had not read 


                                                               2827

 1    the report.  I know very little about this topic.  

 2                 But based on the question I was just 

 3    asked, perhaps some of these are actually very 

 4    ripe for redevelopment and don't need state funds 

 5    at all to be redeveloped for some other purposes.  

 6    That's also beyond my knowledge base.

 7                 SENATOR HELMING:   Thank you, 

 8    Madam President.

 9                 ACTING PRESIDENT PERSAUD:   Thank 

10    you, Senator.

11                 Senator Walczyk.

12                 SENATOR WALCZYK:   Thank you, 

13    Madam President.  Would the sponsor yield.

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR WALCZYK:   First I've got 

20    some questions on the elections portion.

21                 SENATOR KRUEGER:   Sorry, I didn't 

22    hear?  

23                 SENATOR WALCZYK:   Elections.

24                 SENATOR KRUEGER:   Sorry, I missed 

25    the word "elections."  Yes, please ask questions.


                                                               2828

 1                 SENATOR WALCZYK:   So this bill has 

 2    provided $15 million made available to local 

 3    boards and administered by the State Board of 

 4    Elections, the way that I read it.  The language 

 5    specifically says "reimbursement of eligible 

 6    costs."

 7                 What costs will be eligible when our 

 8    local boards of elections are looking at this 

 9    budget?

10                 SENATOR KRUEGER:   Thank you.

11                 Yes, he's correct, it's $15 million 

12    for eligible costs.  And according to the bill 

13    language, it's for reimbursement of eligible 

14    costs including but not limited to the 

15    replacement of voting systems and equipment, 

16    absentee ballot scanners, mail processing 

17    equipment, and infrastructure to protect the 

18    connectivity and security of county election 

19    software.

20                 SENATOR WALCZYK:   Thank you.  

21                 And through you, Madam President, 

22    would the sponsor continue to yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR KRUEGER:   Yes.


                                                               2829

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR WALCZYK:   Are mobile 

 4    polling sites -- we passed a bill in this house 

 5    promoting mobile polling sites and requiring them 

 6    of local boards of elections.  Are -- will they 

 7    be eligible for reimbursement under this budget?

 8                 SENATOR KRUEGER:   No.  Because 

 9    unfortunately that bill was only passed by the 

10    Senate, not the Assembly, so it's not the law.

11                 SENATOR WALCZYK:   Through you, 

12    Madam President, would the sponsor continue to 

13    yield.

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR WALCZYK:   So if that bill 

20    does become law, the allocation here of the 

21    $15 million won't apply to mobile polling sites, 

22    and they won't be funded; is that right?

23                 SENATOR KRUEGER:   My guess would be 

24    that if we were attempting to pass that bill to 

25    go into effect in this fiscal year, we'd want to 


                                                               2830

 1    make sure that we clarified in language that if 

 2    that law was going into effect in this fiscal 

 3    year that these monies should include those 

 4    polling sites as well.

 5                 SENATOR WALCZYK:   Thank you for 

 6    that.

 7                 And through you, Madam President, 

 8    would the sponsor continue to yield.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR KRUEGER:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Senator yields.

14                 SENATOR WALCZYK:   We also passed a 

15    bill that mandated additional full-time staff at 

16    local boards of elections.  

17                 Will -- if they've got to build out 

18    additional space at their board of elections, or 

19    lease additional space, will this $15 million -- 

20    would the additional space be eligible under 

21    infrastructure?

22                 SENATOR KRUEGER:   So that was 

23    language for additional staff.  And I don't 

24    believe that this money is allowed to be used for 

25    staffing.


                                                               2831

 1                 SENATOR WALCZYK:   Through you, 

 2    Madam President, if the sponsor would continue to 

 3    yield.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield? 

 6                 SENATOR KRUEGER:   Excuse me.  And 

 7    just to clarify the previous answer, that bill 

 8    also didn't pass both houses, so it's not law 

 9    this year.  

10                 And now of course I'll take the next 

11    question.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor will yield.

14                 SENATOR WALCZYK:   Thank you.  

15                 Yeah, the question is specifically 

16    about space for that staff.  If the other chamber 

17    agrees and that bill that we pass here does 

18    become law and we've mandated that our local 

19    boards of elections do have to have additional 

20    staff, will they be eligible for this $15 million 

21    for the space required to expand and account for 

22    that additional staff at local boards of 

23    elections?  Is that considered infrastructure?

24                 SENATOR KRUEGER:   No, we don't 

25    believe that space for staffing was assumed 


                                                               2832

 1    included in this infrastructure list.

 2                 Although there are funds for capital 

 3    monies for expansion as needed at the local 

 4    level.  So conceivably if you had a board of 

 5    election that was so tight on space you couldn't 

 6    squeeze a couple more people in, you could 

 7    explore capital funds for expansion.  

 8                 SENATOR WALCZYK:   Through you, 

 9    Madam President, would the sponsor continue to 

10    yield.  

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR WALCZYK:   We also passed a 

17    bill in this house, the New York Voting and 

18    Elections Database and Institute.  Can the State 

19    Board of Elections use a portion of this 

20    $15 million for that database, as we're talking 

21    about replacing voting systems and infrastructure 

22    and security?

23                 SENATOR KRUEGER:   So no, this money 

24    cannot be used for that database.  And that bill 

25    also has not passed both houses.


                                                               2833

 1                 SENATOR WALCZYK:   Through you, 

 2    Madam President, would the sponsor continue to 

 3    yield.

 4                 SENATOR KRUEGER:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.  

10                 SENATOR WALCZYK:   I'd like to shift 

11    gears, if that's okay, on to some energy policy, 

12    if you would.

13                 SENATOR KRUEGER:   I'm going to 

14    shift staff for that purpose, yes.

15                 SENATOR WALCZYK:   Understood.

16                 SENATOR KRUEGER:   I don't have all 

17    $230 billion memorized, just telling you.

18                 (Laughter.)

19                 SENATOR KRUEGER:   I'm ready for the 

20    question, Madam President.  

21                 SENATOR WALCZYK:   So there was 

22    $200 million for residential low-income energy 

23    efficiency -- the Governor calls this the EmPower 

24    Plus program -- for heating, cooling, health and 

25    safety-related improvements and expenses.  That's 


                                                               2834

 1    what I'd like to focus on.

 2                 My first question, does someone have 

 3    to own their home outright to be -- or own their 

 4    home at all, have a mortgage on it, do they have 

 5    to be a homeowner in order to be eligible for 

 6    this program?  

 7                 SENATOR KRUEGER:   You can be a 

 8    renter as well.

 9                 SENATOR WALCZYK:   Okay.  In this 

10    $200 million for the --

11                 ACTING PRESIDENT PERSAUD:   Are you 

12    asking the sponsor to yield?

13                 SENATOR WALCZYK:   Oh.  Through you, 

14    Madam President, if the sponsor would continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR WALCZYK:   This $200 million 

22    for the EmPower Plus program, what qualifies as 

23    "low income"?

24                 SENATOR KRUEGER:   You're eligible 

25    if your income is 60 percent less than the state 


                                                               2835

 1    median income.  So that would then be driven by 

 2    the size of your household as well.

 3                 SENATOR WALCZYK:   And through you, 

 4    Madam President, would the sponsor continue to 

 5    yield.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR WALCZYK:   I noticed also 

12    the language with this $200 million says "health 

13    and safety improvements."  What health and safety 

14    improvements would we anticipate in the 

15    EmPower Plus program?

16                 SENATOR KRUEGER:   So 

17    energy-efficient appliances.  Not only do they 

18    save the costs of energy and perhaps switch you 

19    from one form of energy or another, the newer 

20    approvable forms of energy are actually safer and 

21    healthier for you and your family.

22                 So gas is actually proving to be 

23    exceptionally dangerous in many situations.  

24    We've even learned that they -- that gas actually 

25    explains the rate of asthma in low-income 


                                                               2836

 1    children far more than we even understood a few 

 2    years ago.

 3                 SENATOR WALCZYK:   Through you, 

 4    Madam President, would the sponsor continue to 

 5    yield.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR WALCZYK:   So just to 

12    clarify -- and I may have some disagreements, but 

13    it's probably a debate for a different day.  Just 

14    to clarify, the health and safety portion is 

15    really just talking about electrification and 

16    removal of gas appliances, is that right?

17                 SENATOR KRUEGER:   I suppose oil 

18    boilers also.  So it's not just gas.  Gas and 

19    oil.

20                 SENATOR WALCZYK:   Thank you.  

21                 And through you, Madam President, 

22    would the sponsor continue to yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR KRUEGER:   Yes.


                                                               2837

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR WALCZYK:   The way that the 

 4    Governor has written the EmPower program 

 5    currently, we're eligible for heating and cooling 

 6    appliances.  Where in New York State is any 

 7    cooling appliance using fossil fuels?

 8                 SENATOR KRUEGER:   (Conferring.)  I 

 9    think he might have caught us with no answer.  I 

10    don't actually know if there are any cooling 

11    systems that operate on gas or oil.  

12    (Conferring.)

13                 We sincerely don't know.  Maybe 

14    something on a very large commercial level.  But 

15    if this was a game show, you've stumped me.  

16                 (Laughter.)

17                 SENATOR WALCZYK:   Well, I'm not 

18    going to sit down just yet.

19                 (Laughter.)

20                 SENATOR WALCZYK:   Through you, 

21    Madam President, would the sponsor continue to 

22    yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield? 

25                 SENATOR KRUEGER:   Yes, I do.


                                                               2838

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR WALCZYK:   Would -- you 

 4    know, this has said related improvements and 

 5    expenses are eligible under the $200 million that 

 6    we've allocated here for the Governor's 

 7    EmPower Plus program.  Would upgrades to 

 8    electrical service to a home or apartment be 

 9    eligible for that?  

10                 SENATOR KRUEGER:   I do have a 

11    possible answer to the stumped-me question.  

12                 So my husband and I actually put in 

13    a new HVAC system in our home which is heating 

14    and cooling.  So we paid for one system, which is 

15    then not using oil and gas for the heating, but 

16    it actually has an option to cover cooling as 

17    well, which I'm very happy about in summer.  So 

18    maybe that's what was meant.  (Conferring.)

19                 So my understanding is it would be 

20    for electric upgrade for specific purposes and 

21    specific appliances.

22                 SENATOR WALCZYK:   Through you, 

23    Madam President, would the sponsor continue to 

24    yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               2839

 1    sponsor yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR WALCZYK:   So electrical 

 6    upgrades to the home.  If your home was 100-amp 

 7    service and you needed 200-amp service in order 

 8    to electrify and get the electric appliances that 

 9    this program is really driving at, those -- that 

10    wouldn't be eligible as far as related 

11    improvements and expenses go under the EmPower 

12    program?  Do I understand that correctly?

13                 SENATOR KRUEGER:   I'm being told it 

14    would depend on the specific requirements of the 

15    installation.  So I think some of the electric 

16    upgrading systems do require an upgrade in the 

17    level of electricity coming into a specific home.

18                 I have to go to engineering school 

19    now also, Madam President.  

20                 SENATOR WALCZYK:   Thank you.

21                 Madam President, on the bill.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Walczyk on the bill.

24                 SENATOR WALCZYK:   So this is an 

25    important line of questioning because we don't 


                                                               2840

 1    always think about how old our housing stock is 

 2    in New York State.  NYSERDA said a few years ago 

 3    that a minimum of 200-amp service will be 

 4    required if New Yorkers are going to be upgrading 

 5    their residential units to electric.

 6                 Fifty-three percent of housing was 

 7    actually built in the 1950s or earlier.  We 

 8    didn't start installing as a general standard, 

 9    not a requirement, 200-amp service until the 

10    1990s.  A few hundred thousand homes have been 

11    built in New York State since then.

12                 So, you know, without considering 

13    all of the upgrades that we don't know about out 

14    there, a giant portion of our electric stock 

15    right now in homes would need a massive upgrade 

16    just in the wire from the street to their home in 

17    order to install the electrical appliances that 

18    this program is driving at.

19                 And if you just took that one 

20    portion out of this bill -- and this is a 

21    $200 million portion right here -- if you took 

22    that just for the homes that need to upgrade, you 

23    could upgrade between 40,000 and 60,000 homes 

24    from 100-amp to 200-amp service with 

25    $200 million.


                                                               2841

 1                 So this program really doesn't go 

 2    very far.  And I think it's important because I 

 3    know a lot of the colleagues across the aisle are 

 4    really driving at this electrification thing.  

 5    It's going to cost each New Yorker a tremendous 

 6    amount of money, and this really doesn't get it 

 7    there.  

 8                 So telling them, you know, you'll be 

 9    eligible for, you know, a new ductless mini-split 

10    that costs $5,000, that might be nice.  But if 

11    you don't have 200-amp service to your home to 

12    supply the replacement for your gas stove, the 

13    ductless mini-split, the heat pump water 

14    heater -- all of the great things that we're 

15    pushing -- it is pretty much moot.  People won't 

16    be able to afford the access to even get that 

17    technology.

18                 I've got a a lot of concerns about 

19    the overall budget, but I'll hit them on some of 

20    the other bills.  I'll be voting no on this one, 

21    and I encourage my colleagues to do the same.  

22                 Thank you, Madam President.

23                 ACTING PRESIDENT PERSAUD:   Thank 

24    you.  

25                 Senator Ashby.


                                                               2842

 1                 SENATOR ASHBY:   Thank you, 

 2    Madam President.  Will the sponsor yield for 

 3    questions regarding veterans.  

 4                 ACTING PRESIDENT PERSAUD:   Will the 

 5    sponsor yield?

 6                 SENATOR KRUEGER:   Yes, I do, 

 7    Madam President.  

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR ASHBY:   In terms of funding 

11    for the new veterans agency that we have, I see 

12    that there's 4 million allocated for capital 

13    funding.  How much of that has its origins in 

14    federal dollars?

15                 SENATOR KRUEGER:   Two million 

16    dollars, Madam President.

17                 SENATOR ASHBY:   Through you, 

18    Madam President, will the sponsor continue to 

19    yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR KRUEGER:   I do.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR ASHBY:   And the only 


                                                               2843

 1    capital project that we have for veterans is the 

 2    State Cemetery?  

 3                 SENATOR KRUEGER:   Correct.

 4                 SENATOR ASHBY:   Would the sponsor 

 5    continue to yield.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR ASHBY:   Last year we had $5 

12    million that went towards funding capital 

13    projects for nonprofits, such as the VFWs, 

14    American Legions.  Why is that not included in 

15    this year's budget?

16                 SENATOR KRUEGER:   So the 5 million 

17    that we put into last year's budget for that 

18    purpose apparently had some kind of problem with 

19    the appropriation language.  So that money has 

20    not been spent.  So the appropriation language 

21    has been corrected in this year's budget, so that 

22    money is available to be spent.  But it's not 

23    seen as new money, because it's actually 

24    reappropriated money brought forward from last 

25    year.


                                                               2844

 1                 SENATOR ASHBY:   Would the sponsor 

 2    continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR ASHBY:   Is there 

 9    consideration to increase the amount of funding?  

10    Because in my district, when we found out that 

11    this money was there, we had a tremendous outcry 

12    and there were a number of posts that applied for 

13    it.  But 5 million doesn't go very far in terms 

14    of capital improvements for these posts.  

15                 And, you know, just last week we had 

16    veterans coming in and out, we had West Point 

17    here.  And to think about what these posts do for 

18    our veterans, 5 million falls short.  So is there 

19    an effort to increase this funding?

20                 SENATOR KRUEGER:   Through you, 

21    Madam President, I think that the Senate would 

22    certainly be open to searching for additional 

23    money after that 5 million is spent.

24                 But again, that was assumed to be an 

25    annual allocation for last year that did not get 


                                                               2845

 1    spent, so to some degree we're starting a year 

 2    later in this effort.  So it's absolutely 

 3    conceivable that by the end of this year there 

 4    will be evaluations concluding that there needs 

 5    to be additional funds for future years.

 6                 SENATOR ASHBY:   Would the sponsor 

 7    continue to yield.

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    sponsor yield?

10                 SENATOR KRUEGER:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    sponsor yields.  

13                 SENATOR ASHBY:   Being that this is 

14    a new state agency and eligible for federal 

15    funding, are there any other programs, capital 

16    projects, to your knowledge, that we're thinking 

17    about funding?  In terms of there's a number of 

18    opportunities, now that this is a state agency, 

19    to help our veterans, whether it's through 

20    healthcare, whether it's through education, that 

21    other agencies get a lot of money for.  

22                 Are you aware of any other programs 

23    or projects that are being put forward?

24                 SENATOR KRUEGER:   Through you, 

25    Madam President, I am not personally aware.  And 


                                                               2846

 1    I'm not a member of the committee that will be 

 2    working or was already working with the new 

 3    agency.

 4                 I do know that quite a few of the 

 5    programs designed to address the needs of our 

 6    veterans are not necessarily unique to having a 

 7    federal veterans agency and are out there and 

 8    available currently to veterans.  They often 

 9    don't know about them.  So I know that a major 

10    part of the goal of a new agency focusing on 

11    veterans in New York State was to make sure that 

12    veterans are getting access to services and 

13    benefits that may exist in law and may exist 

14    under other funding streams, but they are not 

15    taking advantage of them because they do not know 

16    about them.

17                 I know when the City of New York, 

18    where I live, decided to create its own city 

19    agency to help veterans, it was shockingly good 

20    news to see how quickly so many additional 

21    services could be provided to veterans living in 

22    New York City -- not because there was per se 

23    additional budget money of significance, but 

24    rather the recognition that veterans were 

25    eligible for but not participating in programs 


                                                               2847

 1    because there was no connection between them and 

 2    the program.

 3                 So I do think that as this agency 

 4    matures and has staff, they also will find there 

 5    are many programs and services that can and 

 6    should be accessed by veterans, but they need the 

 7    help to learn about them.

 8                 And very likely as the agency also 

 9    evolves and matures, they will be coming to us 

10    with additional asks themselves.  I think it's 

11    all too new to know an answer right now.

12                 SENATOR ASHBY:   Thank you, 

13    Madam President.  On the bill.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Ashby on the bill.

16                 SENATOR ASHBY:   Well, for those of 

17    us who don't reside in New York City and don't 

18    have the opportunity to take advantage of that, 

19    we have to wait, the veterans and their families 

20    have to wait for the maturation of this program.  

21    And it's been a long time coming.  It's been an 

22    effort that has been an enormous undertaking for 

23    a number of people for years.  

24                 And to see the numbers that we're 

25    seeing now in this budget, it's apparent that 


                                                               2848

 1    it's not a priority.  It's apparent that it's not 

 2    a priority for this administration and some in 

 3    this body.  And it's a sad day.  Because just 

 4    last week we had a number of veterans and their 

 5    families here, and we were talking about how -- 

 6    all the great initiatives that we're trying to 

 7    push for.  And yet when push comes to shove and 

 8    we look at this budget, it is not evident.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you.

12                 Senator Martins.

13                 SENATOR MARTINS:   Thank you, 

14    Madam President.  

15                 Would the -- would Senator Krueger 

16    please yield for a few questions.

17                 ACTING PRESIDENT PERSAUD:   Will the 

18    Senator yield?  

19                 SENATOR KRUEGER:   Yes, I will.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Senator yields.

22                 SENATOR MARTINS:   Thank you, 

23    Senator Krueger.

24                 SENATOR KRUEGER:   (Indicating.)  

25    They know what the question's going to be before 


                                                               2849

 1    I do.

 2                 SENATOR MARTINS:   The questions are 

 3    on housing.

 4                 SENATOR KRUEGER:   Oh, damn.  I just 

 5    thought they were really good.  He didn't tell me 

 6    he had a list of who was asking what questions.

 7                 (Laughter.)

 8                 SENATOR KRUEGER:   Please let 

 9    Senator Martins ask me a question that my 

10    colleagues know about already.

11                 ACTING PRESIDENT PERSAUD:   The 

12    Senator yields.  

13                 SENATOR MARTINS:   Thank you, 

14    Madam President.

15                 Senator, I'm looking at this bill, 

16    specifically the section dealing with the 

17    Division of Housing and Community Renewal, and I 

18    notice that there was originally in the 

19    Governor's budget $250 million in that allocated 

20    to DHCR for helping with housing needs, 

21    infrastructure improvements that local 

22    municipalities may need in embracing, 

23    constructing additional housing.

24                 Is that money still available?

25                 SENATOR KRUEGER:   No.  The Governor 


                                                               2850

 1    removed all of her housing proposals from the 

 2    budget.

 3                 SENATOR MARTINS:   I also -- 

 4    Madam President, through you, if Senator Krueger 

 5    would continue to yield.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield? 

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Senator yields.

11                 SENATOR MARTINS:   I also recall 

12    that in the one-house from this very body, the 

13    Majority also advanced monies that would be 

14    available to local communities for infrastructure 

15    improvements that would also allow for 

16    communities to embrace constructing housing.

17                 Were we as a Senate able to impress 

18    upon the Governor the need for funding for 

19    housing specifically to help local communities 

20    with their infrastructure needs?

21                 SENATOR KRUEGER:   No, we were not, 

22    Madam President.  I would guess both sides of the 

23    aisle are equally frustrated about this story.

24                 SENATOR MARTINS:   Thank you, 

25    Madam President.  On the bill.


                                                               2851

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Martins on the bill.

 3                 SENATOR MARTINS:   And thank you, 

 4    Senator Krueger, very much.  I appreciate that 

 5    answer.

 6                 You know, we did an awful lot of 

 7    talking this year about housing, about the need 

 8    for housing, about the need for us to build 

 9    greater housing stock so that our children would 

10    have a place to live, empty-nesters would be able 

11    to continue to live in their local communities.  

12    And we talked about it in the context of an 

13    emergency, that we have an emergency and that 

14    there is a critical need.  And for that, I think 

15    we all agree, both sides of the aisle, Governor, 

16    Senate and the Assembly.  

17                 And yet here we are discussing a 

18    budget that increases state spending from 

19    $219 billion to $230 billion, and we managed 

20    somehow to take $250 million out of the budget 

21    that was specifically designated to advance the 

22    concept of building housing in our downtowns.  

23                 So I'm at a loss as to how we can 

24    advance a concept of something so important as to 

25    build housing -- understanding, Madam President, 


                                                               2852

 1    how important it is that we build that housing, 

 2    that we provide help to our local communities.  

 3    Whether it's water and sewer, utilities, whether 

 4    it's parking facilities, whether it's 

 5    transportation, we live in communities where we 

 6    rely on our local governments to take care of 

 7    those things.  

 8                 But when there are larger 

 9    initiatives, statewide initiatives that we could 

10    all agree are priorities, the idea that we will 

11    not put funding in our budget where it's 

12    necessary, for a priority that we could all agree 

13    is a priority and should be a priority, frankly 

14    is unacceptable.

15                 So with that, Madam President, I 

16    thank again the sponsor for answering those few 

17    questions, and I yield the balance of my time.

18                 Thank you.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Rhoads.

21                 SENATOR RHOADS:   Thank you, 

22    Madam President.  Will the sponsor yield to a 

23    couple of questions.

24                 ACTING PRESIDENT PERSAUD:   Will the 

25    sponsor yield?  


                                                               2853

 1                 SENATOR KRUEGER:   Yes.  What's the 

 2    topic?  

 3                 SENATOR RHOADS:   First, the topic 

 4    will be the message of necessity.

 5                 SENATOR KRUEGER:   Oh, okay.  

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR RHOADS:   Thank you, 

 9    Madam President.  

10                 Senator Krueger -- through you, 

11    Madam President -- what is the purpose of the 

12    three-day waiting period?

13                 SENATOR KRUEGER:   The purpose --

14                 SENATOR RHOADS:   What is the 

15    purpose of the three-day waiting period?  

16                 SENATOR KRUEGER:   I'm not totally 

17    sure what language was written in the 

18    Constitution originally for the three-day 

19    message, so I don't know that.  You might know 

20    the answer.  

21                 But I think from a perspective of 

22    ensuring that there is time for legislators and 

23    others to review the legislation, I would guess 

24    that that was written at a time pre-computers and 

25    pre-laptops, and when a bill was written and 


                                                               2854

 1    submitted for a bill number it was -- then had to 

 2    be printed on some kind of device, maybe not even 

 3    copier machines back then, and made available to 

 4    people.

 5                 So in fairness, probably three days 

 6    at that time was the minimum number you needed to 

 7    even make sure someone could even get a written 

 8    copy.  I actually remember when we had to have 

 9    written copies of the bills on our desks, and at 

10    budget time they would bring these giant piles 

11    in.  And we would wait for hours sometimes 

12    because the copier machines had all overheated 

13    and broken and the paper was so hot that the ink 

14    melted all the papers together.  

15                 And that was in not even historic 

16    times; I've only been here 20 years, not 

17    120 years.  So I'm guessing that the time frames 

18    were probably just completely different then.

19                 SENATOR RHOADS:   And would the 

20    Senator continue to yield.

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    Senator yield?  

23                 SENATOR KRUEGER:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senator yields.


                                                               2855

 1                 SENATOR RHOADS:   Has the advance in 

 2    technology made it any less difficult to digest 

 3    the complexity of a budget bill?  

 4                 SENATOR KRUEGER:   So it's certainly 

 5    made it easier to get ahold of.  People can sit 

 6    in their homes and call it up on their home 

 7    computers.  

 8                 Is it easier to absorb and 

 9    understand legislation?  I don't know, are we 

10    smarter or less smart than we were a hundred 

11    years ago?  

12                 SENATOR RHOADS:   I have my own 

13    opinion.

14                 SENATOR KRUEGER:   Yeah, I do too.  

15    I'm not sure I will choose to use it right now.  

16                 Probably -- it's probably not any 

17    easier or harder to digest the substance of the 

18    legislation today.  Although I do think 

19    government has become much more complicated as 

20    time's gone on.

21                 SENATOR RHOADS:   I would certainly 

22    tend to agree.  

23                 Would the sponsor continue to yield?

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    sponsor yield?


                                                               2856

 1                 SENATOR KRUEGER:   Yes, Madam 

 2    President.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.  

 5                 SENATOR RHOADS:   The budget bill 

 6    that we're debating today, that was filed 

 7    yesterday?  

 8                 SENATOR KRUEGER:   Yes, I believe 

 9    that is correct.  The budget bills went into 

10    print -- most of them yesterday, some of them 

11    today.

12                 SENATOR RHOADS:   Okay.  And this 

13    particular budget bill, which I believe is 

14    4004C -- if the sponsor will continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Are you 

16    asking -- will the sponsor yield?  

17                 SENATOR KRUEGER:   Yes, I will.  I 

18    believe we're on the same bill, yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR RHOADS:   4004C, how many 

22    pages is this bill?  

23                 SENATOR KRUEGER:   Back when we had 

24    paper, I could have actually sat here and spent 

25    an hour counting the pages.  


                                                               2857

 1                 Does anyone actually know the page 

 2    numbers on this bill?  

 3                 SENATOR RHOADS:   Actually, I can 

 4    ask answer that question for you, if you like.

 5                 (Laughter.)

 6                 SENATOR KRUEGER:   Madam President, 

 7    can I ask the questioner to yield to a question?  

 8    How many pages are in this bill?

 9                 ACTING PRESIDENT PERSAUD:   Senator, 

10    will you yield? 

11                 SENATOR RHOADS:   I will certainly 

12    yield.  1,155 pages.

13                 SENATOR KRUEGER:   Thank you for 

14    saving me the time of counting.

15                 SENATOR RHOADS:   My -- my pleasure.  

16                 Will the sponsor continue to yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR KRUEGER:   Yes.

20                 SENATOR RHOADS:   I believe in 

21    response to Senator O'Mara's questions you had 

22    indicated that the public and the media had an 

23    opportunity to participate in the process and 

24    digest what was in the budget -- the proposed 

25    budgets -- through the budget hearing process.  


                                                               2858

 1    Is that correct?

 2                 SENATOR KRUEGER:   Through you, 

 3    Madam President, yes, they got to review the 

 4    Executive's proposed budget; I think her 30-day 

 5    amendments as we were in the middle of budget 

 6    hearings; and then to continue to get our 

 7    attention in various legitimate ways since then.

 8                 SENATOR RHOADS:   Thank you.  

 9                 And will the sponsor continue to 

10    yield?  

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR KRUEGER:   Yes, 

14    Madam President.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR RHOADS:   And the Budget 

18    Bill before us today, 4004C, is that identical to 

19    the Governor's proposed budget, the 

20    Executive Budget?  

21                 SENATOR KRUEGER:   No, 

22    Madam President, it is not.

23                 SENATOR RHOADS:   And will the 

24    sponsor continue to yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               2859

 1    sponsor yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR RHOADS:   And is this 

 6    particular bill, 4004C, identical to the 

 7    one-house that was passed by the Senate?

 8                 SENATOR KRUEGER:   No, 

 9    Madam President.  

10                 And technically when we pass a 

11    one-house, it's a resolution, so it's all of our 

12    wishes and dreams and hopes in one document.  And 

13    of course when we do budget bills, there are 

14    individual budget bills that break the budget up 

15    into different categories.  So they're not -- 

16    they're really apples and oranges.

17                 SENATOR RHOADS:   And will the 

18    sponsor continue to yield.  

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR RHOADS:   And is the portion 

25    of the bill that's before us today, 4004C, 


                                                               2860

 1    identical to the Assembly one-house?

 2                 SENATOR KRUEGER:   I'm sorry, is it 

 3    identical to the Assembly bill that they are 

 4    taking up today, is that what you just asked?  

 5                 SENATOR RHOADS:   To the one-house 

 6    bill that the Assembly passed.

 7                 SENATOR KRUEGER:   Again, I'm more 

 8    familiar with the Senate one-house versus the 

 9    Assembly one-house.  But I'm quite sure that the 

10    Assembly one-house is also not broken up into 

11    individual bills such as the budget, so they do 

12    not break theirs up into appropriations and 

13    Article VIIs broken down by categories into the 

14    10 budget bills we are dealing with today, so -- 

15    or today and tomorrow.  

16                 So no, it's not identical to the 

17    Senate or the Assembly one-house.

18                 SENATOR RHOADS:   Will the sponsor 

19    continue to yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR RHOADS:   So this bill 


                                                               2861

 1    that's before us today is different from all of 

 2    the three proposals, the Governor's Executive 

 3    Budget as well as the two one-houses that were 

 4    passed by the respective chambers of the 

 5    Legislature, is that correct?  

 6                 SENATOR KRUEGER:   Yes, 

 7    Madam President.

 8                 SENATOR RHOADS:   And will the 

 9    sponsor continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield? 

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR RHOADS:   Incidentally, how 

16    was this bill crafted?

17                 SENATOR KRUEGER:   How was this 

18    bill --

19                 SENATOR RHOADS:   Crafted.

20                 SENATOR KRUEGER:   Crafted.  Ooh.  

21                 So I explained to a reporter earlier 

22    today that I thought that budget bills were a 

23    combination of money amounts, policy amounts, 

24    dancing, and theater.  So I think that's probably 

25    the answer I'll offer you.


                                                               2862

 1                 SENATOR RHOADS:   Will the sponsor 

 2    continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR KRUEGER:   Yes, I will.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR RHOADS:   Through you, 

 9    Madam President.  Would it be a fair statement 

10    that leadership from both houses as well as staff 

11    from the Governor's office met to craft a 

12    negotiated budget that's before us today, at 

13    least the portion that we're considering now?  

14                 SENATOR KRUEGER:   Yes, 

15    Madam President.  And I think that explains why 

16    this bill is not identical to the Governor's 

17    Executive bill -- the original Executive proposed 

18    budget or the -- or different from each house's 

19    one-house.  Because if we hadn't had meetings and 

20    negotiated changes resulting in a different bill 

21    before us today, we'd have even more explaining 

22    as to why we're a month late.

23                 SENATOR RHOADS:   And will the 

24    sponsor continue to yield?  

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               2863

 1    sponsor yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR RHOADS:   What television 

 6    station covered the negotiations that took place 

 7    between the leaders in both houses and the 

 8    Governor?  

 9                 SENATOR KRUEGER:   So if the 

10    question is what TV cameras were in those rooms, 

11    I don't believe any TV cameras were in those 

12    rooms.  I think that probably every news outlet 

13    in the state, with their reporters, were digging 

14    around to try to find out and report on as much 

15    information as possible.  So probably all news 

16    stations covered some pieces of budget and budget 

17    negotiations.

18                 But I think your question was 

19    simpler, were there TV cameras aimed at anyone in 

20    these rooms during the negotiating sessions.  No, 

21    there were not.

22                 SENATOR RHOADS:   And will the 

23    sponsor continue to yield.  

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    sponsor yield?


                                                               2864

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR RHOADS:   Through you, 

 5    Madam President, thank you.

 6                 Were any of those negotiation 

 7    sessions or meetings open to the public at all?

 8                 SENATOR KRUEGER:   No.  Not that I'm 

 9    aware of, Madam President.

10                 SENATOR RHOADS:   Will the sponsor 

11    continue to yield?  

12                 ACTING PRESIDENT PERSAUD:   Does the 

13    sponsor yield?

14                 SENATOR KRUEGER:   Yes.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR RHOADS:   Through you, 

18    Madam President.  Then how would the public know 

19    what's contained in the 1,155-page bill before us 

20    today, having had less than 24 hours to review 

21    it?

22                 SENATOR KRUEGER:   Through you, 

23    Madam President, I don't think it is realistic to 

24    imagine that the 20 million citizens in this 

25    state would know the details in the 


                                                               2865

 1    one-thousand-whatever number of pages, or than 

 2    the other nine bills.

 3                 I think that is actually the 

 4    assignment of representative government, which is 

 5    us, to be elected to do that work on their behalf 

 6    and to be able to answer their questions and to 

 7    be held accountable by them.

 8                 I personally don't know that a model 

 9    of government where you would put every single 

10    imaginable question coming before government, I 

11    don't know, on a website and ask everybody to 

12    vote every four seconds for every day of the year 

13    would get us very far.  That's my personal 

14    opinion.

15                 So I think that we are sent here to 

16    do this work, we are elected to do this work, and 

17    that is the expectation of our constituents that 

18    this is exactly what they have sent us up here to 

19    do on their behalf, and that is what we are 

20    trying to do.

21                 SENATOR RHOADS:   Will the sponsor 

22    continue to yield?  

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR KRUEGER:   Yes.


                                                               2866

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR RHOADS:   Thank you, 

 4    Madam President.  Through you.

 5                 Senator Krueger, have you read the 

 6    1,155 pages of this bill?

 7                 SENATOR KRUEGER:   No, I have not.

 8                 I feel like probably I have gone 

 9    through many, many more of the issues than any 

10    individual legislator -- perhaps Tom O'Mara has 

11    done more than I, because we do spend so much 

12    time on the budget.  

13                 But no, this is a group product.  

14    And frankly I don't think either house, either 

15    party, could get their work done without having 

16    terrific staff who spend -- I don't even want to 

17    ask how many hours, days and nights over the last 

18    several months getting us to this point here 

19    today.

20                 SENATOR RHOADS:   And would the 

21    sponsor continue to yield.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR KRUEGER:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               2867

 1    Senator yields.

 2                 SENATOR RHOADS:   Would the Senator 

 3    agree that three days would be a more adequate 

 4    time for legislators and staff, as well as the 

 5    media, to be able to go through the budget bill 

 6    to see what's in it?

 7                 SENATOR KRUEGER:   I think I 

 8    answered this question for Senator O'Mara 

 9    earlier.  Yes, I, Liz Krueger, would probably 

10    prefer that we spend three days.

11                 The staff might prefer we spend 

12    three minutes, because they're just damned tired 

13    and want to leave us and go home and get some 

14    rest, so I don't want to speak for them.

15                 But I do think that actually three 

16    days of opportunity to have a bill age is a 

17    reasonable time period.  And unfortunately that 

18    is not what has happened, I think in every year 

19    that I have been here, for 20 years.

20                 SENATOR RHOADS:   And will the 

21    Senator yield to an additional question.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR KRUEGER:   Yes, I do.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               2868

 1    sponsor yields.

 2                 SENATOR RHOADS:   Thank you.  

 3    Through you, Madam President.

 4                 Is there anything that prevents us 

 5    from passing an additional extender to allow 

 6    these three days to take place so that we can all 

 7    digest what's in this bill?

 8                 SENATOR KRUEGER:   The only way we 

 9    could pass such an extender for that purpose is 

10    if the Governor were to give us one.  We do not 

11    control extenders in the Assembly or the Senate.  

12    It is only a bill that the Governor can create 

13    and submit and put whatever language she chooses 

14    in it.  

15                 I suspect, given the fact that we 

16    are getting messages of necessity, that is not 

17    her goal at this time.  But I can't speak for the 

18    Governor.

19                 SENATOR RHOADS:   And will the 

20    sponsor yield to an additional question.  

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR KRUEGER:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               2869

 1                 SENATOR RHOADS:   Thank you.  

 2    Through you, Madam President.  Has anyone asked 

 3    the Governor for additional time to review these 

 4    bills by the issuance of an extender?

 5                 SENATOR KRUEGER:   Raise your hand 

 6    if you've asked the Governor for an additional 

 7    extender.

 8                 SENATOR RHOADS:   She doesn't take 

 9    my calls.

10                 SENATOR KRUEGER:   She didn't return 

11    your call?  I'm sorry, did you?

12                 SENATOR LANZA:   (Inaudible.)

13                 SENATOR KRUEGER:   Oh, apparently 

14    your leadership did, earlier today.  So I guess 

15    they didn't get an answer yet either.

16                 (Inaudible.)

17                 SENATOR KRUEGER:   Oh, the action of 

18    voting against the message of necessity is the 

19    equivalent of asking her for an extender?  I 

20    think you might have to be more literal.  

21                 I'm sorry, I'm responding to the 

22    wrong person.  Excuse me.  I'm sorry.  

23                 (Laughter.)

24                 SENATOR KRUEGER:   I think you might 

25    have to be more literal in your ask of the 


                                                               2870

 1    Governor.

 2                 SENATOR RHOADS:   I appreciate that.

 3                 Changing topics for one moment, just 

 4    two more quick questions, if the sponsor will 

 5    continue to yield.

 6                 ACTING PRESIDENT PERSAUD:   Will the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Yes.  I'm 

 9    enjoying this.

10                 (Laughter.)

11                 ACTING PRESIDENT PERSAUD:   The 

12    sponsor yields.

13                 SENATOR RHOADS:   Turning to 

14    page 115 of our 1155 pages, specifically with 

15    respect to the budget for the Division of 

16    Criminal Justice Services.  

17                 My understanding is is that there's 

18    an appropriation for $50 million for services, 

19    expenses and grants related to the acquisition 

20    and development of technology to support 

21    discovery, including but not limited to 

22    equipment, software, hardware, consulting 

23    services related to discovery reform.

24                 Is that correct?

25                 SENATOR KRUEGER:   Yes.  I can get 


                                                               2871

 1    staff who knows more, but my understanding is 

 2    that's to provide for a -- for capital money for 

 3    the district attorneys specifically in New York 

 4    City to create a system where they can collect 

 5    the data necessary for discovery and exchange it 

 6    with the defense attorneys, to speed up the 

 7    process by which all of this can be done and to 

 8    be less demanding of the actual time of the human 

 9    beings in the DAs' offices.

10                 It's also my understanding is that 

11    the rest of the state already has a system in 

12    place to do this and highly recommended it for 

13    the City of New York.  And that's why the money 

14    is there for the City of New York, but the rest 

15    of the state does not need this capital funding.

16                 SENATOR RHOADS:   Will the sponsor 

17    continue to yield?  

18                 ACTING PRESIDENT PERSAUD:   Does the 

19    sponsor yield?

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR RHOADS:   I know, for 

24    example, in Nassau County, the county has spent 

25    millions of dollars in technological improvements 


                                                               2872

 1    to attempt to deal with discovery reform, and 

 2    probably could spend millions more.  

 3                 Were any other district attorneys 

 4    asked if the state -- if they could have used 

 5    additional funds to be able to better comply with 

 6    discovery reform?  

 7                 SENATOR KRUEGER:   For capital 

 8    purposes.

 9                 SENATOR RHOADS:   Yes.

10                 SENATOR KRUEGER:   I will look to 

11    other staff.  Do either of you know?  

12    (Conferring.)

13                 Okay, my understanding is that there 

14    were no other requests for capital outside of the 

15    City of New York DAs.  There was additional money 

16    requested by DAs throughout the state for local 

17    assistance to assist them to hire additional DAs 

18    and other staff that they believe they need, and 

19    I believe that we've put a significant amount of 

20    money into the budget for that purpose as well.

21                 SENATOR RHOADS:   Thank you.  

22                 Will the Senator yield to -- will 

23    the sponsor yield to an additional question?  

24                 SENATOR KRUEGER:   Sure.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               2873

 1    Senator yields.

 2                 SENATOR RHOADS:   And through you, 

 3    Madam President.  Is this in response to the 

 4    recent report that there was a surge in DWI 

 5    dismissals, for example, in Manhattan, that over 

 6    half of the DWI cases actually were dismissed in 

 7    2022 because of discovery-related issues?  

 8                 SENATOR KRUEGER:   You know, I read 

 9    that story also.  So I don't know whether that 

10    factored into anyone's logic.  

11                 But we do know that the DAs asked 

12    for the capital money to build out a system that 

13    they were confident could work for them and 

14    assist them in completing their jobs of their 

15    obligations for discovery and moving their cases 

16    forward more quickly, regardless of what the 

17    cases were.

18                 So I would guess that if that was 

19    that large an example, that that probably would 

20    be one of the examples, yes.

21                 SENATOR RHOADS:   And will the 

22    sponsor continue to yield?  

23                 ACTING PRESIDENT PERSAUD:   Will the 

24    sponsor yield?

25                 SENATOR KRUEGER:   Yes, I will.


                                                               2874

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR RHOADS:   Given that that's 

 4    the case, and given the fact that we don't have 

 5    the rest of the budget to be able to review, was 

 6    any consideration given or can we expect there 

 7    being anything in the budget to create more 

 8    realistic deadlines, rather than investing 

 9    $50 million in this one instance?  

10                 SENATOR KRUEGER:   So apparently 

11    your questions are so interesting that my 

12    colleague Senator Bailey has asked whether he can 

13    stand up and answer your questions.  So he 

14    probably will correct any mistakes I might have 

15    made already.

16                 Senator Bailey.

17                 SENATOR BAILEY:   Thank you, 

18    Senator Krueger.  

19                 Through you, Madam President.  I 

20    wouldn't say that Senator Rhoads has made any 

21    mistake, but I just want to refer you to the 

22    Public Protection budget hearing.  District 

23    Attorney Mary Pat Donnelly, when asked about 

24    whether reforms were necessary, she indicated -- 

25    she didn't indicate that any statutory reforms 


                                                               2875

 1    were necessary.  And in fact she asked -- she 

 2    requested that money be provided to district 

 3    attorneys.

 4                 In furtherance of that discussion, 

 5    to some other thing that you were saying to 

 6    Senator Krueger, it was noted that in fact 

 7    19 counties had yet to apply for funding that was 

 8    provided in a prior-year budget.

 9                 So in sum and substance, the -- 

10    there were no requests made by district attorneys 

11    at the Public Protection hearing in relation to 

12    making statutory changes.

13                 SENATOR RHOADS:   Thank you, 

14    Senator Bailey.  

15                 Will Senator Bailey yield to an 

16    additional question?  

17                 SENATOR BAILEY:   Yes.  Through you, 

18    Madam President, I will.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senator will yield.

21                 SENATOR RHOADS:   How many district 

22    attorneys testified during the budget hearings?

23                 SENATOR BAILEY:   Through you, 

24    Madam President.  In place -- instead of district 

25    attorney -- of DA -- of DAASNY President Jordan, 


                                                               2876

 1    Mary Pat Donnelly testified.

 2                 SENATOR RHOADS:   So one?  

 3                 SENATOR BAILEY:   Through you, 

 4    Madam President, one.

 5                 SENATOR RHOADS:   Will 

 6    Senator Bailey continue to yield.

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    Senator yield?

 9                 SENATOR BAILEY:   I will.

10                 ACTING PRESIDENT PERSAUD:   The 

11    Senator yields.

12                 SENATOR RHOADS:   How many district 

13    attorneys are there in the state?  

14                 SENATOR BAILEY:   Through you, 

15    Madam President.  Senator Rhoads knows very well 

16    that there are 62 counties and each county has a 

17    district attorney.  

18                 It would be incumbent upon 

19    Senator Rhoads to ask the president of the 

20    District Attorneys Association why they selected 

21    Ms. Donnelly to testify on behalf of the 

22    62 district attorneys in the association.

23                 SENATOR RHOADS:   And will the 

24    Senator continue to yield?

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               2877

 1    Senator yield?  

 2                 SENATOR BAILEY:   I do.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Senator yields.  

 5                 SENATOR RHOADS:   Was any attempt 

 6    made by the Senate, and specifically by the 

 7    Majority, to contact any of these 61 other 

 8    district attorneys?

 9                 SENATOR BAILEY:   Through you, 

10    Madam President --

11                 SENATOR RHOADS:  To provide 

12    testimony.

13                 SENATOR BAILEY:   Through you, 

14    Madam President.  If Senator Rhoads will recall, 

15    two weeks or a week and a half prior to the 

16    Public Protection hearing, we had a hearing about 

17    public safety in general where, again, 

18    invitations were sent out to district attorneys, 

19    a number of district attorneys.  

20                 And simply because they weren't 

21    testifying -- and just to go back about the 

22    pattern and practice, because I know, 

23    Senator Rhoads, that you're -- that you're new 

24    here.  Every year, only one individual can 

25    testify on behalf of the District Attorneys 


                                                               2878

 1    Association, and in the past it had been the 

 2    president.  

 3                 So it doesn't mean that the other 

 4    61 voices aren't heard.  It just means that there 

 5    is a representative, like each chamber has a 

 6    leader, each conference has a leader.  They've 

 7    chosen a representative to testify on their 

 8    behalf at these hearings.

 9                 SENATOR RHOADS:   And will the 

10    Senator continue to yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    Senator yield?

13                 SENATOR BAILEY:   I do.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.  

16                 SENATOR RHOADS:   Is it not true 

17    that the Albany County district attorney, for 

18    example, wanted to testify but was not permitted 

19    to?

20                 SENATOR BAILEY:   Through you, 

21    Madam President, I am not aware whether the 

22    Albany district attorney wanted to testify or 

23    not.  I am not -- again, I've read the media 

24    reports that allude to that.  I am not privy to 

25    that information.


                                                               2879

 1                 SENATOR RHOADS:   Thank you, 

 2    Senator Bailey.  

 3                 SENATOR BAILEY:   You're welcome.

 4                 SENATOR RHOADS:   On the bill.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Rhoads on the bill.

 7                 SENATOR RHOADS:   Obviously we have 

 8    an issue with respect to discovery reform in this 

 9    state.  In speaking certainly with our local 

10    district attorneys, we have an issue complying 

11    with the aggressive discovery reform that was put 

12    forth by the state.  We have no indication 

13    whether or not there are any planned reforms to 

14    those discovery reforms to provide more realistic 

15    deadlines, because we have not seen the remainder 

16    of the budget.  

17                 I am particularly concerned, 

18    however, about the fact that we continue to pass 

19    budget bills, or consider budget bills, through 

20    messages of necessity when there was there is no 

21    real necessity here.  We have been passing 

22    extenders -- five or six, if I'm not mistaken, 

23    over the course of the last 31 days.  In fact, 

24    we're continuing to operate under an extender 

25    now.


                                                               2880

 1                 The real issue here is one with 

 2    respect to transparency.  We have one budget bill 

 3    out of nine that we will be debating.  Four of 

 4    them we know are coming up today.  This one bill 

 5    was over a thousand pages long, and it was 

 6    provided to legislators yesterday.

 7                 How is the public supposed to 

 8    understand what's in the bill?  How is the media, 

 9    whose very job is to report to the public so that 

10    they can understand what's in the bill -- how are 

11    they going to be able to review it?  How are we, 

12    as Senator Krueger conceded, how are we supposed 

13    to review 1100 pages of text in one bill?  And 

14    you'll see that the remaining bills have similar 

15    lengths.  How are we supposed to understand 

16    what's in it and have reviewed it and digested it 

17    so that we can get feedback from our 

18    constituents?  It's simply not possible.

19                 And so what we're seeing today is 

20    the very opposite of openness and transparency.  

21    We're able to ask a couple of questions because 

22    we were able to pick some things out of the bill 

23    that we wanted to inquire more about, but we 

24    haven't given this a comprehensive review.  The 

25    public hasn't seen a comprehensive review.  And 


                                                               2881

 1    we have it within our power to make it more 

 2    realistic to be able to do that by simply waiting 

 3    three days.

 4                 We've said last week these messages 

 5    of necessity have simply become messages of 

 6    convenience.  It's more convenient, or perhaps 

 7    more advantageous to the Governor and to the 

 8    Majority, simply to get this passed before too 

 9    many eyes are on it and people can ask too many 

10    questions.

11                 That's not what we should be doing.  

12    We're spending $230 billion of taxpayer money.  

13    The public has a right to know how that's being 

14    spent and has a right to be able to have input.  

15    Their representatives have the right to know how 

16    that money is being spent and have input.  And 

17    that's simply not happening now.  

18                 I will be voting no on this bill, 

19    and I would urge my colleagues to do the same.

20                 Thank you for the courtesy, 

21    Madam President.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Tedisco.

24                 SENATOR TEDISCO:   Thank you so 

25    much, Madam President.  It's been a very long 


                                                               2882

 1    haul here today.  

 2                 Would the good Senator yield for a 

 3    few questions.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Krueger, do you yield?  

 6                 SENATOR KRUEGER:   Did he mean me --

 7                 (Laughter.)

 8                 SENATOR KRUEGER:   -- when he said 

 9    the good Senator?  

10                 ACTING PRESIDENT PERSAUD:   You are 

11    the good Senator.

12                 SENATOR KRUEGER:   So that makes all 

13    the other Senators not so good?

14                 (Laughter.)

15                 SENATOR KRUEGER:   Yes, I will 

16    yield.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Senator yields.  

19                 SENATOR TEDISCO:   Mr. Lanza said I 

20    said "good," didn't I?

21                 SENATOR KRUEGER:   That's why I 

22    wondered if you meant me.  Yes.

23                 SENATOR TEDISCO:   Senator, you've 

24    probably heard, like most of us have heard, that 

25    sometimes it's said that the worst words in the 


                                                               2883

 1    English lexicon is "it's always been done that 

 2    way."  And you kind of mentioned that along the 

 3    way here talking about past history and how we've 

 4    done things.

 5                 I want to ask you this question to 

 6    begin with.  Not too long ago we added a concept 

 7    to our budget process; it was called budget 

 8    subcommittees.  What was the purpose of putting 

 9    those budget subcommittees in place?

10                 SENATOR KRUEGER:   I'm having a 

11    memory problem, Madam President.  I actually 

12    don't remember whether the budget subcommittees 

13    were existing when I first got to the Senate or 

14    came after I got here.

15                 SENATOR TEDISCO:   I'm pretty sure 

16    you were here.

17                 SENATOR KRUEGER:   Okay.  Did 

18    they -- Madam President, may I ask the Senator a 

19    question before I have him ask me another?  

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Tedisco, do you yield to a question?

22                 SENATOR TEDISCO:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Senator yields.

25                 SENATOR KRUEGER:   Did it come out 


                                                               2884

 1    of some specific piece of legislation that we 

 2    created these?  

 3                 SENATOR TEDISCO:   I think yeah, we 

 4    voted on that and the Governor signed it and we 

 5    had our own budget subcommittees.

 6                 SENATOR KRUEGER:   I'm sorry, Madam 

 7    President, through you.  So when he says budget 

 8    subcommittees, that's what we've often talked to 

 9    about -- as like the tables that would be broken 

10    out and have a few meetings during the course of 

11    the budget process?  Is that what we're talking 

12    about?  

13                 SENATOR TEDISCO:   Through you, yes, 

14    good Senator.

15                 SENATOR KRUEGER:   Thank you.  Only 

16    because we also technically have now in the 

17    Senate a Budget and Revenue Committee.  We have a 

18    chair of that committee.  So I just wanted to 

19    make sure I wasn't answering a question about a 

20    different topic.  So thank you.

21                 So I will agree with you that that 

22    did happen.  I don't remember what year that it 

23    happened.  But yes, we did start at some point a 

24    process where we would have what we call sort of 

25    break-out subcommittees to discuss priorities for 


                                                               2885

 1    certain sections of the budget.

 2                 SENATOR TEDISCO:   Would the good 

 3    Senator yield for another question.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    Senator yield?

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Senator yields.

 9                 SENATOR TEDISCO:   So it appears you 

10    had no opinion on what the purpose of those 

11    budget subcommittees were.  

12                 But I think I can tell you it was 

13    for transparency, for rank and file members to be 

14    involved in the process, to say that it wasn't 

15    just three people in a room doing a budget and 

16    then coming back to us, the other 213, and 

17    saying, you know, take it or leave it or just 

18    negotiate with the majorities.

19                 But I'll ask you this question 

20    secondly.  After we've blown by the April 1st 

21    deadline, how many of those budget subcommittee 

22    meetings have we had in the last four weeks, in 

23    the last month we were late -- the latest we've 

24    been in the five years since we had total control 

25    by one voice from one political affiliation from 


                                                               2886

 1    one region of the state.  How many committee 

 2    meetings did we have from -- after April 1 when 

 3    we were late till now, do you know?  

 4                 SENATOR KRUEGER:   I don't believe 

 5    any, Madam President.

 6                 SENATOR TEDISCO:   I think -- excuse 

 7    me, I think the good Senator said we haven't had 

 8    any.  And I'll ask her to yield again, if she 

 9    would.

10                 ACTING PRESIDENT PERSAUD:   Will the 

11    Senator yield?  

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR TEDISCO:   Over the last, 

16    oh, decades, let's say 40 years, would you have 

17    any realization of how many legislators and 

18    governors were late with budgets?  Any concept, 

19    any estimate?  Probably a hard question to 

20    answer.  Several.

21                 SENATOR KRUEGER:   I'm going to 

22    guess you know the answer.  I don't know the 

23    answer.  And my history only really goes about 

24    20 years back --

25                 (Overtalk.)


                                                               2887

 1                 SENATOR TEDISCO:   -- the question?  

 2    I don't --

 3                 SENATOR KRUEGER:   Oh.  May I ask 

 4    him a question?  I'm sorry.  

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Tedisco, would you yield for a question?  

 7                 SENATOR TEDISCO:   Yes, I do.

 8                 SENATOR KRUEGER:   I don't know how 

 9    many over 40 years, so I'm asking if you might 

10    know. 

11                 SENATOR TEDISCO:   I don't know.

12                 SENATOR KRUEGER:   Neither of us 

13    know, Madam President.

14                 SENATOR TEDISCO:   Would the 

15    gentlelady and good lady yield again.  

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Senator yields.

19                 SENATOR TEDISCO:   Over the last 

20    many years that I've just been talking about -- 

21    let's say 40 years -- do you know in how many 

22    years one political affiliation had total 

23    control -- supermajority in the Senate, 

24    supermajority in the Assembly -- and also the 

25    same affiliation in the Governor's office?  Over 


                                                               2888

 1    the last 40 years.  How long has that existed, or 

 2    has it ever existed?  

 3                 SENATOR KRUEGER:   I do not know the 

 4    answer.

 5                 SENATOR TEDISCO:   Would the good 

 6    lady yield again?  Senator.

 7                 SENATOR KRUEGER:   Sure.

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    Senator yield?

10                 SENATOR KRUEGER:   Yes, I do.

11                 ACTING PRESIDENT PERSAUD:   The 

12    Senator yields.

13                 SENATOR TEDISCO:   I will give you 

14    the answer.  Except for a short period of time 

15    during Governor Paterson, and then there was a 

16    consolidation -- you probably remember that -- 

17    you are the petri dish over the last 40 to 

18    48 years.  You, in your majority here, and the 

19    Democratic majority in the Assembly, and the 

20    Governor, are the only political affiliation who 

21    controlled all levers of power in New York State.

22                 I want to ask you this question.  Do 

23    you remember when you took over all that power?

24                 SENATOR KRUEGER:   Do I remember 

25    when the Democrats took the majority in a 2018 


                                                               2889

 1    election?  Yes, I do.

 2                 SENATOR TEDISCO:   So would that -- 

 3    would she yield for another question.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    Senator yield?  

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Senator yields.

 9                 SENATOR TEDISCO:   So that would 

10    be -- good Senator, so that that would be in 

11    2019, 2020, 2021, 2022, 2023.  For five years, 

12    you, the good Senate, the Governor was totally 

13    one affiliation.  Could you tell me how many late 

14    budgets there were in those five years that you 

15    controlled all houses?  Not one day, not just 

16    seven days, but in 31 days, how many late 

17    budgets?

18                 SENATOR KRUEGER:   I believe last 

19    year and this year.

20                 SENATOR TEDISCO:   Well, I believe 

21    there was five.  Okay?  I don't know what you're 

22    counting as a late budget.

23                 SENATOR KRUEGER:   You know, I will 

24    believe the Senator --

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               2890

 1    Tedisco, are you asking the Senator to yield, to 

 2    answer that question?

 3                 SENATOR TEDISCO:   Yes.  I will ask 

 4    her to yield again, yes.

 5                 ACTING PRESIDENT PERSAUD:   

 6    Senator --

 7                 SENATOR KRUEGER:   Sure.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator will yield for you to ask that question.

10                 SENATOR TEDISCO:   Let me ask you 

11    this, Senator.  We're talking about messages of 

12    necessity.  Would it be right to say that every 

13    single part of this budget process where an 

14    extender came to the floor, where a real budget 

15    bill now as it comes to the floor -- every single 

16    part of a bill coming to vote and put in place a 

17    budget was done by a message of necessity 

18    completely?  

19                 Bypassing what we've been talking 

20    about, a three-day period for a review, an 

21    evaluation, a digestion of us -- and your members 

22    also -- of the $230 billion budgets that we're 

23    looking at over the next couple of days.  Would 

24    it be right to say every vote we've made was from 

25    a message of necessity, bypassing the three-day 


                                                               2891

 1    constitutional mandate of us to have the bill 

 2    there to read?  

 3                 Once by paper, now by electronics.  

 4    So it's much easier to have this done and have it 

 5    on our -- I know you talked about -- to my 

 6    colleague Senator Rhoads about having it printed, 

 7    having to get it on your desk.  That doesn't 

 8    exist anymore.  So there's nothing that takes 

 9    more time to get it on our desks by printing.  It 

10    all comes through our process through this 

11    tablet, which I had something to do with a while 

12    back and carried the bill, sponsored the bill.  

13    And it saves $13 million a year that we use a 

14    tablet now and don't put paper into landfills or 

15    tear down trees.  

16                 But am I right in saying everything 

17    was done by a message of necessity?  Because 

18    someone once said "In darkness, democracy dies." 

19    So I think that creates a little darkness, as has 

20    been said by our constituents, by the media -- 

21    who, by the way, has to read all those 1000-so 

22    many pages of this particular budget bill we 

23    have.  But would I be right in saying that 

24    everything was a message of necessity?

25                 SENATOR KRUEGER:   So I believe that 


                                                               2892

 1    the 20 years I have been here, I think that the 

 2    budgets have been done through messages of 

 3    necessity.  

 4                 So the Republicans controlled the 

 5    Senate for I think 75 of the last hundred years, 

 6    longer -- I think more than that, more than 75 of 

 7    the last hundred years.  I don't know how many of 

 8    those were done by message of necessity.  But it 

 9    is true since I've been here, when there was 

10    Republican control of the Senate, a Republican 

11    governor, a Democratic Assembly, they were done 

12    by message of necessity.

13                 So I think both parties can use 

14    examples of frustration that that is the model we 

15    use to get budgets done.  But it's not 

16    unconstitutional, because the Constitution also 

17    recognizes the ability to use messages of 

18    necessity.  So I don't think we're doing anything 

19    unconstitutional.  In fact, I'm quite sure of it.  

20    Because when I was a young Senator and I was in 

21    the minority, I sued over the use of messages of 

22    necessity, and I lost, because the Court said 

23    it's constitutional, it's allowed.

24                 So we're using a model that is 

25    constitutional, apparently has been used for 


                                                               2893

 1    extended numbers of decades.  And people can have 

 2    differing opinions about whether they like it or 

 3    not.  As I've already said to multiple 

 4    questioners, I prefer that we don't use it.  But 

 5    that doesn't mean it's not being used and that it 

 6    hasn't been used -- perhaps not forever, but for 

 7    a very long time.

 8                 SENATOR TEDISCO:   Would the Senator 

 9    yield for another question.

10                 ACTING PRESIDENT PERSAUD:   Will the 

11    Senator yield?

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.  

15                 SENATOR TEDISCO:   Senator, you 

16    brought forth a point -- not a good point, a very 

17    bad point.  Because what you talked about is 

18    what's been happening when I said the worst words 

19    in the English lexicon was "it's always been done 

20    that way."  And what you did is you went back to 

21    Republicans again.  And you said, you know, the 

22    Republicans did the same thing.  

23                 No, we didn't do the same thing.  

24    I'll tell you why.  Because over the last 40 to 

25    48 years, Republicans blamed Democrats, Democrats 


                                                               2894

 1    blamed Republicans for late budgets.  And you 

 2    know what?  They were able to do that.  You know 

 3    why?  Because you mentioned it.  We had the 

 4    Senate for many years, but at the same time 

 5    Sheldon Silver was there and the Cuomos were 

 6    there and the good Spitzers were there, and you 

 7    had the -- and your party had the Assembly for 

 8    many years, so we were mixed.

 9                 The reason why your point is bad, 

10    this is the first time one party had complete 

11    control of the Senate, the Assembly, and the 

12    Governor's office.  The first time.  We as 

13    Republicans never had that.  And you cannot do a 

14    timely budget.  Wouldn't you agree this is a 

15    different setting -- let me put it this way.  You 

16    really can't blame the Republicans for a late 

17    budget this year, that's obvious.  

18                 But who can you blame this year if 

19    you control the Senate, the Assembly, and the 

20    Governor and have supermajorities?  Who's to 

21    blame for a late budget?  Because as you looked 

22    back a little bit and said, well, Republicans 

23    were involved with late budgets -- well, we're 

24    not involved with a late budget right now.  

25    Because none of us were part of developing it.  


                                                               2895

 1    We didn't vote for messages of necessity.  We 

 2    wanted the bills to come out clearly by 

 3    April 1st.  And you control all levers of power.  

 4                 So wouldn't you say your party is 

 5    responsible for this late budget, last year's 

 6    late budget?  And I believe there was five or at 

 7    least four years of late budgets.  So isn't that 

 8    a little bit different than having a mixed group 

 9    of parties, when you control everything and you 

10    still can't get the job done?  Isn't that the 

11    petri dish?  Didn't you ask for -- when you said, 

12    Give us all control of the Senate, the Assembly, 

13    and the Governor, isn't this the experiment that 

14    New Yorkers voted for?  Give full power to the 

15    progressives, to woke, to full control, 

16    supermajorities in both houses and the Governor, 

17    and let's see what we can do.  Well, you can't 

18    get it done.

19                 And at the end of this whole 

20    thing -- Madam Speaker, on the bill.  

21                 (Laughter.)

22                 SENATOR TEDISCO:   Thank you, 

23    Senator.  

24                 ACTING PRESIDENT PERSAUD:   So there 

25    is no question?  


                                                               2896

 1                 SENATOR KRUEGER:   Madam  

 2    President --

 3                 ACTING PRESIDENT PERSAUD:   So 

 4    before you go on the bill, Senator Tedisco, 

 5    Senator Krueger has a question.  Would you yield 

 6    for a question?  

 7                 SENATOR TEDISCO:   She wants to ask 

 8    me a question?

 9                 ACTING PRESIDENT PERSAUD:   Yes.

10                 SENATOR TEDISCO:   Sure.

11                 ACTING PRESIDENT PERSAUD:   Do you 

12    yield for a question?  

13                 SENATOR KRUEGER:   No, I think I 

14    wanted to answer the last question briefly.  

15                 I don't know that any of us are 

16    complaining about a late budget.  We're trying to 

17    get a budget done.  As my colleague the ranker 

18    explained in the beginning, we're passing 

19    extenders, government continues, people are 

20    getting paid, programs are continuing.  So we're 

21    taking care of all of that.  

22                 Would we prefer not to be late?  I'm 

23    sure we'd all prefer not to be late.  I don't 

24    know that it's the end of the world that we are 

25    late.  And I would far, far prefer a budget that 


                                                               2897

 1    I believed had as many good things in it as 

 2    possible than a budget that hit the March 30th 

 3    mark and then it was declared done.

 4                 So I don't quite understand to some 

 5    degree what this ruckus is about of which party 

 6    was in control, since apparently all parties have 

 7    had this storyline.  And I don't remember 

 8    actually promising the people of New York we 

 9    would never have a late budget.

10                 Thank you, Madam President.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Tedisco on the bill.

13                 SENATOR TEDISCO:   Yeah, on the 

14    bill.

15                 Yeah, you did promise them that.  

16    And that's the point.  You said you'd have good 

17    timely budgets.  You said they'd incentivize and 

18    keep people in New York State.  

19                 And the fact of the matter is we set 

20    up budget subcommittees; you haven't had one 

21    budget subcommittee in the four weeks, in the 

22    month that you've been late on a budget.  You've 

23    used extenders.  You haven't lived up to the 

24    constitutional content of having three days for 

25    Democrats and Republicans to see what's in these 


                                                               2898

 1    budget bills, as well as the public.  

 2                 The most important part of our 

 3    representative democracy is not us, Senators or 

 4    Assemblypeople or governors, they're the people 

 5    who didn't get to read that.  The media, the 

 6    Fourth Estate, is important to be able to see the 

 7    debates in a coherent way.  It's tough to be 

 8    coherent when you're giving us a bill and in 

 9    45 minutes, an hour and a half, we have to read 

10    these thousand-page particular bills.

11                 Now, what's going to happen here -- 

12    and you could say what you want about blaming 

13    Republicans in the past or Democrats.  But let me 

14    accentuate once again:  This is the only time you 

15    have full power of all three areas of this 

16    Legislature and the Governor's office.  And it's 

17    not that this is a late budget, it's also that 

18    it's a very bad budget.  

19                 And I've said this before.  They've 

20    talked to you in a series of ways of 

21    affordability in this state.  Now, at the end of 

22    this whole thing, I know your side of the aisle 

23    is going to get up and say, Hey, listen to all 

24    the good things we've done in this -- it's a 

25    $230 billion budget, 8 billion more than the 


                                                               2899

 1    previous year.  You're going to go through a 

 2    whole litany, a whole list of wonderful things, 

 3    but there will be no postscript.  

 4                 I'm going to give you the postscript 

 5    now, because you're not going to give it after 

 6    you say all those wonderful things about the 

 7    budget and what you've done over these past five 

 8    years.  Because what's -- here's holistically 

 9    what is happening.  And I've said this before, 

10    but I want the public and the media to hear it, 

11    because it becomes a one-day story.  

12                 We're number one in outmigration.  

13    Do you understand that?  Last year 319,000 people 

14    left the State of New York.  They're voting with 

15    their feet.  Now, you can tell all those nice 

16    things at the end.  You can't get around the fact 

17    that they're walking out of the State of New 

18    York.  In fact, Hochul said that on the first day 

19    of this year:  I'm going to incentivize people to 

20    stay here.  

21                 You're one of seven states that lost 

22    another representative.  That's a good thing?  

23    That says your agenda and all these wonderful 

24    things have created something wonderful?  Do you 

25    know you're number two in Tax Freedom Day?  And 


                                                               2900

 1    Mr. Gianaris has been here a long time, like me.  

 2    He knows what Tax Freedom Day is.  

 3                 That means anybody who works in 

 4    New York State, who actually takes a dollar home 

 5    from working, of all 50 states, is number two.  

 6    You're going into May, of everybody who works in 

 7    this state, who takes a dollar home.  The rest 

 8    all goes to taxes.  That's a third, that's a 

 9    third of what people earn in this state goes to 

10    taxes.  

11                 We're behind Florida now in 

12    population.  And what you've done in this budget 

13    is just doubled down on those things that have 

14    created that.

15                 Now, I'm going to close by saying 

16    this about it, because this is the simplest way 

17    to say what this budget is all about.  It's not 

18    only pie in the sky, it's pie and pork in the 

19    sky.  It's not sustainable.  It's the same old, 

20    same old.  It's people being not secure in their 

21    community.  It's people not staying home and 

22    quarantining because of COVID -- they're afraid 

23    to go out in the night.  And the statistics and 

24    the data know that.  Your Governor was telling 

25    you that.  


                                                               2901

 1                 And $8 billion more you want to 

 2    spend?  And what are you going to spend it for?  

 3    $700 million for moguls and millionaires and 

 4    billionaires who come from Hollywood to spend 

 5    three days or a week here to get people some jobs 

 6    and say, Okay, get out of here now, I'm leaving.  

 7    That's going to help our economy?  That's going 

 8    to build jobs, $700 million for tax credits?  I 

 9    mean, even some of your guys over there think 

10    that's not a smart thing to do.

11                 So, Madam President and my 

12    colleagues, by the simple fact that we're not 

13    getting these bills in a timely fashion -- you 

14    and I are not just public servants, we're 

15    representatives.  That means you read a bill, you 

16    discuss it, you understand it, you come out, you 

17    debate it.  That's impossible for us.

18                 Now, I know you get the bills 

19    earlier than we do and you have a better 

20    understanding of those bills.  But that's not the 

21    point.  We represent millions of individuals on 

22    our side.  You should want us to help you do a 

23    better job to keep people in New York State.  And 

24    this is not going to do it.

25                 So thank you, Madam President.  And 


                                                               2902

 1    I'm going to be voting against this particular 

 2    bill and probably a large part of the budget, 

 3    unfortunately.  Because I would be derelict in my 

 4    duties if you didn't allow me to read these 

 5    budget passages and really understand them fully.

 6                 Thank you so much, and thank you to 

 7    the good Senator for answering some of my 

 8    questions.

 9                 ACTING PRESIDENT PERSAUD:   Thank 

10    you, Senator.

11                 Are there any other Senators wishing 

12    to be heard?

13                 Seeing none, debate is closed.  The 

14    Secretary will ring the bell.

15                 There's a substitution at the desk.  

16                 The Secretary will read.

17                 THE SECRETARY:   Senator Krueger 

18    moves to discharge, from the Committee on 

19    Finance, Assembly Bill Number 3004D and 

20    substitute it for the identical Senate Bill 

21    4004D, Third Reading Calendar 715.

22                 ACTING PRESIDENT PERSAUD:    

23    Substitution so ordered. 

24                 Read the last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               2903

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Gianaris to explain his vote.

 7                 SENATOR GIANARIS:   Hi, 

 8    Madam President.  

 9                 Since my name was brought up, I feel 

10    compelled to say something.  And I heard Senator 

11    Tedisco mention a lot of historical names as he 

12    went through the history of the late budgets in 

13    New York.  Two names you did not hear mentioned 

14    out of Senator Tedisco's mouth:  George Pataki 

15    and Joe Bruno.  

16                 Now, maybe if he's doing the history 

17    of late budgets, he should think about those 

18    names and talk a little bit about them.  Because 

19    let me tell everybody something.  The four latest 

20    budgets in New York State history:  1997, George 

21    Pataki's first term, with Republicans in charge 

22    of this State Senate:  126 days late.  1999, 

23    George Pataki's second term, with the Senate 

24    Republicans in charge of the State Senate, 

25    126 days late again.  2001, still George Pataki's 


                                                               2904

 1    second term, and still the Senate Republicans in 

 2    charge:  125 days late.  2004, George Pataki's 

 3    third term -- and guess what, senate Republicans 

 4    still in charge of the Senate -- 133 days late, 

 5    the all-time record for late budgets.  

 6    Congratulations to all of you who were here at 

 7    that time.  

 8                 So yes, I have been around a long 

 9    time.  In 1997 I was a staffer in the State 

10    Legislature and was lamenting the fact that my 

11    Fourth of July was ruined because of the 

12    leadership of George Pataki and Joe Bruno.  

13                 So spare me the hypocrisy.  Perhaps 

14    the reason there's one-party rule in this state 

15    is because the tenure of the Senate Republicans 

16    was resoundingly rejected by the voters of this 

17    state -- not once, not twice, but three times, 

18    with the historically large supermajority that 

19    was just elected.  Even in a year when other 

20    Democrats on the ballot were not doing as well.

21                 So perhaps you should look inward.  

22    Look at the man in the mirror if you're looking 

23    for the reasons why things are the way they are 

24    in this chamber, and I think we'd do a lot 

25    better.  


                                                               2905

 1                 We're doing our best for the people 

 2    of this state, and that's why we keep getting 

 3    reelected.  

 4                 I vote yes, Madam President.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Gianaris to be recorded in the affirmative.

 7                 Senator Tedisco to explain his vote.

 8                 SENATOR TEDISCO:   Yes, to explain 

 9    my vote.  

10                 Let me tell you something, what my 

11    constituents are saying.  They want a good, 

12    balanced budget on time.  But they're also saying 

13    they're very worried about what's coming.  When 

14    he talks about Pataki and Bruno, he forgot about 

15    Sheldon Silver, his hero, who was convicted.  

16    Served him over there greatly.  He stood up 

17    there, he debated with him, supported him, and 

18    fought for their agenda which would have 

19    destroyed New York State worse if Senator Bruno 

20    and George Pataki didn't fight for reasonable 

21    taxation for affordability.  They had control of 

22    the Senate.  They had veto power.

23                 You've got power over everything in 

24    government, and you can't get it done.

25                 We should thank those guys for 


                                                               2906

 1    fighting for the best interests of our 

 2    constituents, and that's keeping people in 

 3    New York State.  We wouldn't have 319,000 people 

 4    leaving the state when they were working to give 

 5    us the best they could possibly give in fighting 

 6    Sheldon Silver over there.  And he was the guy 

 7    for him over in that house many times.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Tedisco to be recorded in the negative.

10                 Senator Martins to explain his vote.

11                 SENATOR MARTINS:   Madam President, 

12    thank you very much for the opportunity.

13                 I rise again, first of all, to thank 

14    the Senators in this chamber for the courtesy 

15    that they served during this debate, especially 

16    Senator Krueger.

17                 I have a lot of respect for the 

18    traditions of this house.  I think we all cheapen 

19    it when we devolve into discussions about 

20    partisanship and finger pointing.  We're here to 

21    discuss a budget.

22                 On that, I'll be voting no on this 

23    budget, because -- and this bill, because I do 

24    find that there's a priority for housing in this 

25    state, and I do find that there is a commitment 


                                                               2907

 1    that was made throughout this entire process that 

 2    we would find a way to work with our local 

 3    communities to build more housing, Madam 

 4    President, and we would support their efforts for 

 5    those communities that are out there that are 

 6    actually looking to do just that but don't have 

 7    the resources to do it.  

 8                 We have the ability to help, through 

 9    budgets, and we're missing that opportunity 

10    today.

11                 Now, I don't frankly want to know 

12    whether it's the budget's initiative -- or the 

13    Governor's initiative or someone else's 

14    initiative.  What I do know is that I have local 

15    communities back home that need help.  If we're 

16    going to build the housing that we keep talking 

17    about as a priority for this state, they need 

18    help.  And this budget doesn't provide that help, 

19    so I will be providing a no vote today.

20                 Thank you.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Martins to be recorded in the negative.

23                 Senator Ryan to explain his vote.

24                 SENATOR RYAN:   Madam President, let 

25    me tell you what my constituents said they 


                                                               2908

 1    wanted.  They said they wanted New York to invest 

 2    in itself and to make New York State a better 

 3    place.  And they said specifically they want 

 4    investments in their zoos, their botanical 

 5    gardens and their aquariums.  And we came through 

 6    in this budget to deliver better things for 

 7    people in New York to do.

 8                 So we all know that New York State 

 9    has a big tourism economy and people go to the 

10    zoos, the botanical gardens and the aquariums.  

11    So we put $250 million in operating aid into 

12    these institutions to allow these cultural assets 

13    to serve the community.  People are coming back 

14    to these things post-pandemic.  But we also added 

15    a brand-new pot of money, that's $10 million, in 

16    funding to support capital projects.

17                 I'll give you an example, 

18    Madam President.  In the City of Buffalo we have 

19    a zoo that was built during the Depression, the 

20    Work Projects Administration -- another instance 

21    of government investing in itself to make our 

22    communities better.  But that zoo is getting old 

23    and tired, so we are going to continue to invest 

24    in cultural assets like the Buffalo Zoo, like 

25    botanical gardens, and like aquariums around the 


                                                               2909

 1    state.

 2                 So we're going to help them with 

 3    short-term maintenance problems, we're going to 

 4    help them with long-term needs, but we're going 

 5    to help set them up to serve another generation 

 6    of New Yorkers.

 7                 So I proudly vote in the affirmative 

 8    on this budget vote.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Ryan to be recorded in the affirmative.

11                 Senator Lanza to explain his vote.

12                 SENATOR LANZA:   Thank you, 

13    Madam President.

14                 I'm going to agree with my good 

15    friend Senator Gianaris on one point, which is 

16    that an Albany history lesson at this point is 

17    not going to do anyone any good.  I will say 

18    this, though.  

19                 It's clear to me -- all you need do 

20    is travel the state.  I can tell you and report 

21    from Staten Island the here and now, the plight 

22    of New Yorkers.  Crime is on the rise, and it has 

23    been over the last several years, to the point 

24    where there are more robberies and burglaries and 

25    murders than there have been in many decades here 


                                                               2910

 1    in New York.

 2                 New York is less safe, 

 3    Madam President, than it's been in many, many 

 4    years.  New York is less affordable than it has 

 5    been ever -- certainly in my lifetime, and I've 

 6    been around for quite a long time now, 

 7    Madam President.  The cost of groceries, the cost 

 8    of clothes, the cost to live in an apartment or a 

 9    home is really out of sight in New York.

10                 The tax burden here in New York is 

11    higher than it's ever been and higher than 

12    anywhere else in America.  And lots of people are 

13    asking a very simple question:  What are we 

14    getting for being the most taxed people in 

15    America?  And sadly the answer, more often than 

16    not, is not much.  

17                 We see drug overdose deaths at 

18    historic levels.  Thousands more, and many times 

19    more, people are dying in New York from fentanyl 

20    and drug overdoses than they are from gun 

21    violence.  That's just a fact.  And we don't see 

22    the Governor calling any emergency sessions to 

23    deal with that, and she should.  Because that's 

24    what people are living through here in New York.  

25                 And sadly, Madam President, I 


                                                               2911

 1    believe the reason why that is the state we find 

 2    ourselves in here in New York is because of 

 3    budgets like this.  And because of budgets that 

 4    we've seen over the last several years.  

 5                 So Madam President, until I see a 

 6    budget that I think is going to improve and 

 7    change the path for New York to the upside, I'll 

 8    be voting no.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Lanza to be recorded in the negative.

11                 Senator Hinchey to explain her vote.

12                 SENATOR HINCHEY:   Thank you, 

13    Madam President.

14                 We've had a lot of conversation, 

15    interesting conversation here on the floor today.  

16    But often some of the great things that we do in 

17    these budgets get lost.  And so I rise today to 

18    highlight two that are in this budget right now.

19                 Climate resilient farming and 

20    bringing in our farmers and agriculture as 

21    partners to fight the climate crisis is critical.  

22    And not only have we fully funded the climate 

23    resilient farming line, but for the first time 

24    ever we've actually carved out funding for 

25    agroforestry, which will actually start to pay 


                                                               2912

 1    farmers for ecosystem management -- doing the 

 2    work that they're already doing, helping them 

 3    stay in business, and making sure that we have a 

 4    planet for future generations to live on.

 5                 The second item, which is a 

 6    brand-new item, is a volunteer firefighter 

 7    capital fund.  All of our firefighters dedicate 

 8    their time away from their family, they put their 

 9    lives on the line, they miss birthdays, they miss 

10    graduations -- all to protect their communities.  

11                 And often it's our volunteer 

12    firefighters who are representing and supporting 

13    rural smaller communities across our state.  

14    They're the ones that are the lifeline to many, 

15    from a healthcare perspective and a safety 

16    perspective.  Without them in our small and 

17    upstate communities, we would have nothing.  

18                 And they are struggling.  They are 

19    left trying to meet both federal standards and 

20    state standards for their health and safety and 

21    that of the community, but they don't have the 

22    funds.  

23                 Here in this budget today, for the 

24    very first time, we are investing $25 million to 

25    actually reinvest in our volunteer firefighters, 


                                                               2913

 1    making sure that they have the capital, the 

 2    equipment, and the houses to do their jobs safely 

 3    and to protect the rest of us.

 4                 So there are some wonderful things 

 5    in this budget, but I wanted to make sure to take 

 6    a chance to highlight two that are new programs 

 7    this year that we are investing in that will be a 

 8    game changer for many of our communities across 

 9    the state.  

10                 And for that, Madam President, I 

11    vote aye.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Hinchey to be recorded in the affirmative.

14                 Senator Kavanagh to explain his 

15    vote.

16                 SENATOR KAVANAGH:   Thank you, 

17    Madam President.

18                 It just was mentioned by one of my 

19    colleagues on the other side of the aisle that we 

20    do indeed need to continue to invest in housing.  

21    In this capital budget, we are continuing 

22    something we began last year, which is a very 

23    substantial investment of state capital funding 

24    in the budget.  Last year we included a 

25    $5.5 billion, five-year capital plan for housing.  


                                                               2914

 1    It is the largest such plan we've had in many, 

 2    many years in this state.  And the collective 

 3    value of that over -- of the spending of the 

 4    state over five years is many multiples of that, 

 5    about 25 billion if you include all the tax 

 6    incentives that go through the state.  

 7                 This budget adds to that.  We have 

 8    $135 million in new capital funding to maintain 

 9    and support public housing.  We have $50 million 

10    in new capital funding to support and preserve 

11    the Mitchell-Lama Program, these buildings that 

12    are in our districts and providing homes, 

13    especially homeownership opportunities for people 

14    across the state.

15                 We have $7 million for the Housing 

16    Opportunity Program for the Elderly and 

17    $3 million, including $2 million that folks in 

18    this house fought for, for the Access to Home 

19    program,  which is a program that ensures that 

20    there's money available to make sure that 

21    homes are available and accessible for people 

22    with disabilities.  I would note that my 

23    colleague Senator Scarcella-Spanton moved a bill 

24    last week that ensures that people who have a 

25    disability because of their service in the 


                                                               2915

 1    military are also eligible and given priority for 

 2    that program.

 3                 And lastly, we have a new program 

 4    that we championed last year that is intended to 

 5    deal with our smaller towns and rural 

 6    communities, the Small Rental Development 

 7    Initiative.  My colleague Senator Hinchey made an 

 8    important point last year that a lot of the 

 9    programs that we have only support larger 

10    buildings that maybe are not appropriate for 

11    small towns and villages.  So this is a new 

12    program that we forwarded last year, and we're 

13    adding $7 million of capital to allow that kind 

14    of development to happen throughout our 

15    communities.  

16                 There will be other housing 

17    initiatives in other parts of this budget, but I 

18    just thought it was worth highlighting those 

19    capital expenditures now.  

20                 And with that, I vote aye.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Kavanagh to be recorded in the affirmative.

23                 Senator Hoylman-Sigal to explain his 

24    vote.

25                 SENATOR HOYLMAN-SIGAL:   Thank you, 


                                                               2916

 1    Madam President.  

 2                 I want to stand and laud my 

 3    colleagues' efforts, including our Finance chair, 

 4    Senator Krueger, and of course our leader Andrea 

 5    Stewart-Cousins, for their support of a historic 

 6    investment in a new museum on the Upper West Side 

 7    of Manhattan, the LGBTQ American History Museum.  

 8    This budget puts forward $7.35 million in capital 

 9    because it is time now, Madam President, to tell 

10    the history of LGBTQ+ people, commemorate and 

11    celebrate our journey, and inspire pride.

12                 According to the founder of this 

13    museum, visitors will be enlightened, 

14    entertained, and exposed to LGBTQ culture as well 

15    as a documented history otherwise unavailable or 

16    difficult to access.

17                 This is so important, 

18    Madam President, because the LGBTQ population, in 

19    particular transgender folks and specifically 

20    transgender youth, are under attack from coast to 

21    coast in this country.

22                 This is New York's statement that we 

23    support the LGBTQ+ population, we support 

24    transgender New Yorkers, we support transgender 

25    youth.  


                                                               2917

 1                 And I especially want to compliment 

 2    my colleague Senator Serrano, the chair of our 

 3    arts and cultural initiatives, for this amazing, 

 4    amazing initiative that's going to make a 

 5    difference in the lives of not just New Yorkers 

 6    but I think Americans who visit New York City and 

 7    see our history.  LGBTQ history is American 

 8    history.

 9                 Thank you, Madam President.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Hoylman-Sigal to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 715, those Senators voting in the 

15    negative are Senators Borrello, 

16    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

17    Lanza, Martins, Mattera, Murray, Oberacker, 

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

19    Tedisco, Walczyk, Weber and Weik.

20                 Ayes, 42.  Nays, 20.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Madam President, 

25    can we now move on to Calendar 717, Senate Print 


                                                               2918

 1    4007C.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Calendar Number 

 5    717, Senate Print 4007C, Budget Bill, an act to 

 6    amend Part H of Chapter 59 of the Laws of 2011.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Lanza, why do you rise?

 9                 SENATOR LANZA:   Madam President, I 

10    believe there's an amendment at the desk.  I 

11    waive the reading of that amendment and ask that 

12    you recognize Senator Weber to be heard.

13                 ACTING PRESIDENT PERSAUD:   Thank 

14    you, Senator Lanza.  

15                 Upon review of the amendment, in 

16    accordance with Rule 6, Section 4B, I rule it 

17    nongermane and out of order at this time.

18                 SENATOR LANZA:   Accordingly, 

19    Madam President, I appeal the ruling of the chair 

20    and ask that Senator Weber be recognized to be 

21    heard on the appeal.

22                 ACTING PRESIDENT PERSAUD:   The 

23    appeal has been made and recognized, and 

24    Senator Weber may be heard.

25                 Senator Weber.


                                                               2919

 1                 SENATOR WEBER:   Thank you, 

 2    Madam President.  

 3                 I rise to appeal the ruling of the 

 4    chair.  The proposed amendment is germane to the 

 5    bill at hand because both the amendment and the 

 6    bill amend the Mental Hygiene Law.

 7                 You know, this bill before us would 

 8    increase the COLA by 4 percent.  While this 

 9    increase is welcome, it is nowhere near the rise 

10    of the Consumer Price Index, which hit almost 

11    9 percent last year.  This amendment would 

12    increase the COLA for human service agencies by 

13    8.5 percent.  

14                 As we all know, New Yorkers continue 

15    to face a healthcare worker and direct care 

16    support professional shortage.  Last year's 

17    budget only increased the human services 

18    cost-of-living adjustment by 5.4 percent and 

19    provided $500 million in funding.  This long 

20    overdue raise, which provides funds for nonprofit 

21    agencies that employ direct care workers was a 

22    step in the right direction, but it's clearly 

23    still not enough.  

24                 Calls to increase the COLA by 

25    11.8 percent were rejected by this Majority last 


                                                               2920

 1    year, and this year the increase is even lower.

 2                 We need to remind ourselves that 

 3    it's our duty as legislators to look out for all 

 4    New Yorkers.  This means putting others, 

 5    particularly the people that we represent, before 

 6    ourselves and our own livelihoods.

 7                 Those that care for the needs of 

 8    vulnerable populations, such as those impacted by 

 9    disability or needing direct care support, have 

10    the most need for our help right now.  It is our 

11    duty as legislators to serve all New Yorkers, 

12    which I believe it is, and this is the first step 

13    to look out for others.

14                 We need to immediately pass this 

15    amendment so our mental health, disability, and 

16    other human services direct care work 

17    professionals have the ability and resources to 

18    help other people who need it the most, and who 

19    continue to work to train and recruit others to 

20    dedicate their lives to this important field.

21                 Please, everyone in this room, I 

22    urge you to pass this amendment and increase the 

23    pay for our hardworking human services nonprofit 

24    providers.

25                 I'll be voting aye, and I encourage 


                                                               2921

 1    everyone in this room to also vote aye.

 2                 Thank you.

 3                 ACTING PRESIDENT PERSAUD:   Thank 

 4    you, Senator.

 5                 I want to remind the house that the 

 6    vote is on the procedures of the house and the 

 7    ruling of the chair.  

 8                 Those in favor of overruling the 

 9    chair, signify by saying aye.

10                 (Response of "Aye.")

11                 SENATOR LANZA:   Request a show of 

12    hands.

13                 ACTING PRESIDENT PERSAUD:   A show 

14    of hands is requested.

15                 Announce the results.

16                 THE SECRETARY:   Ayes, 21.

17                 ACTING PRESIDENT PERSAUD:   The 

18    recall of the chair stands, and the bill-in-chief 

19    is before the house.

20                 Are there any other Senators wishing 

21    to be heard?

22                 Senator Gallivan.

23                 SENATOR GALLIVAN:   Thank you, 

24    Madam President.  

25                 Will the sponsor or respective 


                                                               2922

 1    appropriate member of the Majority yield for a 

 2    question.

 3                 ACTING PRESIDENT PERSAUD:   What is 

 4    the topic, Senator Gallivan?  

 5                 SENATOR GALLIVAN:   Pardon me?  The 

 6    health budget.

 7                 ACTING PRESIDENT PERSAUD:   Health.

 8                 SENATOR GALLIVAN:   If I may, I have 

 9    questions in a number of different areas, and 

10    I'll identify them as we move along.  

11                 But the first question I have is a 

12    general question --

13                 SENATOR RIVERA:   I yield.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.

16                 SENATOR GALLIVAN:   Pardon me?  You 

17    yield.

18                 SENATOR RIVERA:   I yield.

19                 SENATOR GALLIVAN:   Thank you.

20                 First question, general question.  

21    What is the total amount of spending in the area 

22    of Medicaid? 

23                 SENATOR RIVERA:   Through you, 

24    Madam President, $1.4 billion.

25                 SENATOR GALLIVAN:   Will the sponsor 


                                                               2923

 1    continue to yield?

 2                 ACTING PRESIDENT PERSAUD:   Will the 

 3    sponsor yield?

 4                 SENATOR RIVERA:   Apologies.  

 5    Through you, Madam President, apologies.  

 6    $140 billion.  Apologies.

 7                 ACTING PRESIDENT PERSAUD:   Now will 

 8    the sponsor yield now?  

 9                 SENATOR RIVERA:   Yes, I will yield. 

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR GIANARIS:   And how does 

13    this compare to spending in the last fiscal year?

14                 SENATOR RIVERA:   Through you, 

15    Madam President, about a $5 billion increase from 

16    last fiscal year.

17                 SENATOR GALLIVAN:   I didn't hear, 

18    I'm sorry.  

19                 SENATOR RIVERA:   Apologies.  

20    Through you, Madam President, about a $5 billion 

21    increase since last fiscal year.

22                 SENATOR GALLIVAN:   Thank you.  

23                 Will the sponsor continue to yield?

24                 ACTING PRESIDENT PERSAUD:   Will the 

25    sponsor yield?


                                                               2924

 1                 SENATOR RIVERA:   I do.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR GALLIVAN:   I'd like to 

 5    focus on Part E, hospitals.

 6                 SENATOR RIVERA:   Mm-hmm.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields?  

 9                 SENATOR RIVERA:   Yes.

10                 SENATOR GALLIVAN:   So the Executive 

11    Budget originally proposed to increase the 

12    inpatient Medicaid rate for hospitals by 

13    5 percent.  This -- the bill before us now 

14    expands the increase to 7.5 percent total.  What 

15    dollar amount does that represent?  The total 

16    spending.  

17                 SENATOR RIVERA:   Through you, 

18    Madam President, the 7.5, the increases are that 

19    are on this budget, as opposed to the original 

20    Executive proposal, amount to a 7.5 percent 

21    increase in Medicaid rates for inpatient services 

22    for hospitals. 6.5 percent for outpatient 

23    hospitals, and that -- the total amounts to a 

24    total of almost $395 million.

25                 And through you, Madam President, 


                                                               2925

 1    since I know he's going to ask, I'll just go 

 2    ahead.  For nursing homes and assisted living 

 3    programs, the -- there's a 6.5 percent increase 

 4    for nursing homes and a 6.5 percent increase for 

 5    ALPs or assisted living programs.  That amounts 

 6    to a total of $216 million, for a total Medicaid 

 7    reimbursement total, additional, of 

 8    $611.4 million.

 9                 SENATOR GALLIVAN:   Will the sponsor 

10    continue to yield?  

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?   

13                 SENATOR RIVERA:   I do.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.

16                 SENATOR GALLIVAN:   Regarding 

17    hospitals, if I understand correctly, this is a 

18    $395 million increase from last year.  I might 

19    not have phrased the question the right way.  

20    What is the total amount of spending for 

21    hospitals?

22                 SENATOR RIVERA:   Through you, 

23    Madam President, if I may seek a clarification 

24    from the Senator.  I responded to an earlier 

25    question related to the total spending of 


                                                               2926

 1    Medicaid.  He would -- through you, 

 2    Madam President, is he seeking -- is his question 

 3    specifically about hospital spending?

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Gallivan, can you clarify, please?

 6                 SENATOR GALLIVAN:   Yes.  Maybe I 

 7    can be clearer with the question.  

 8                 What does the 7.5 percent 

 9    reimbursement to hospitals translate to in 

10    dollars?  

11                 SENATOR RIVERA:   Through you, 

12    Madam President, I responded earlier to break it 

13    down specifically as it relates to inpatient 

14    services, since I should note that in the 

15    original Executive proposal, inpatient and 

16    outpatient were not included, it was only 

17    inpatient services.

18                 Inpatient services, the 7.5 percent, 

19    that amounts to $319 million between inpatient 

20    and outpatient services.  And -- apologies.  I 

21    said the 7.5 percent, Madam President, through 

22    you, accounts for $319 million for inpatient 

23    services and 76.1 for outpatient services.  That 

24    is a 6.5 percent increase.

25                 SENATOR GALLIVAN:   Would the 


                                                               2927

 1    sponsor continue to yield.

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield? 

 4                 SENATOR RIVERA:   I do.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.  

 7                 SENATOR GALLIVAN:   Is that the 

 8    total increase or the total spending?

 9                 SENATOR RIVERA:   Through you, 

10    Madam President, that is the total increase.

11                 SENATOR GALLIVAN:   Thank you.  

12                 Would the sponsor continue to yield.

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?  

15                 SENATOR RIVERA:   I do, 

16    Madam President.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR GALLIVAN:   So many of us of 

20    course heard from constituents about the 340B 

21    carveout and the problems that were predicted 

22    because of that.  

23                 Now, if I recall correctly, and the 

24    Senator may have -- well, the question will be:  

25    Do I recall correctly that the initial 


                                                               2928

 1    projections were that the hospitals would lose in 

 2    the neighborhood of $500 million with the 340B 

 3    change?

 4                 SENATOR RIVERA:   Through you, 

 5    Madam President, the estimates vary.  But I think 

 6    that that was one of the numbers that was 

 7    discussed.  But the calculations are varied.

 8                 SENATOR GALLIVAN:   Will the sponsor 

 9    continue to yield?  

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield? 

12                 SENATOR RIVERA:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR GALLIVAN:   So we know the 

16    trouble that hospitals are in, many of them.  Not 

17    every one, of course.  But we heard it throughout 

18    the budget hearings, many of us heard it in our 

19    offices from our various constituents regarding 

20    hospitals, and there was concern with what 

21    hospitals that realized 340B savings, what they 

22    would lose.  

23                 And we heard from the Medicaid 

24    director that a portion of what would be made up, 

25    of course, would be the increased Medicaid 


                                                               2929

 1    reimbursements.  But it appears that they're not 

 2    even going to come close.  And my question would 

 3    be, am I accurate -- in this exchange here, am I 

 4    accurate in coming to the conclusion that the 

 5    hospitals collectively, if we just make this 

 6    comparison, will be out over a hundred million 

 7    dollars?

 8                 SENATOR RIVERA:   Through you, 

 9    Madam President, based on claims by the 

10    Executive -- I will underline claims by the 

11    Executive -- based on the 319 million that we are 

12    increasing the reimbursement rates -- that I will 

13    remind you is state share -- that when the 

14    federal money comes in, they will be better off.

15                 SENATOR GALLIVAN:   If the sponsor 

16    will continue to yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR RIVERA:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR GALLIVAN:   Do you have 

23    faith in them?

24                 SENATOR RIVERA:   Through you, 

25    Madam President.  What do you think?


                                                               2930

 1                 SENATOR GALLIVAN:   Did you say 

 2    "What do you think?"

 3                 SENATOR RIVERA:   Through you, 

 4    Madam President, what do you think?

 5                 SENATOR GALLIVAN:   Does he want me 

 6    to yield?

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Gallivan, he's asking you to yield for a 

 9    question.

10                 SENATOR GALLIVAN:   I don't believe 

11    the math added up in the first place.  And so 

12    I -- will the sponsor --

13                 ACTING PRESIDENT PERSAUD:   Will the 

14    sponsor yield?

15                 SENATOR RIVERA:   Sure.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.  

18                 SENATOR GALLIVAN:   So I'll go back 

19    to the question that hasn't been answered yet.  

20    Does the sponsor have faith that the Department 

21    of Health will properly reimburse the hospitals 

22    the way that they indicated they would, through 

23    their testimony?  

24                 SENATOR RIVERA:   Through you, 

25    Madam President, I have serious doubts that what 


                                                               2931

 1    is in front of us is going to be enough to 

 2    address the concerns of hospitals statewide.  But 

 3    it is the best that we could get done.

 4                 SENATOR GALLIVAN:   So we'll stick 

 5    with Part E, in particular the Indigent Care Pool 

 6    reduction.  And this particular budget proposes 

 7    to reduce the disproportionate share spending for 

 8    general hospitals by $85 million.  Coming on top 

 9    of cuts to the 2021 enacted budget, which was a 

10    reduction in that area of 150 million, totaling 

11    over 235 million annually, does the sponsor 

12    believe that hospitals will be able to survive 

13    these cuts?

14                 SENATOR RIVERA:   Through you, 

15    Madam President, I sure hope so.

16                 SENATOR GALLIVAN:   I didn't hear, I 

17    apologize.  

18                 SENATOR RIVERA:   I repeat -- 

19    through you, Madam President -- I sure hope so.

20                 SENATOR GALLIVAN:   If we can move 

21    to Part NN.

22                 ACTING PRESIDENT PERSAUD:   Will the 

23    sponsor yield?

24                 SENATOR GALLIVAN:   This is the home 

25    care worker wage increase, that area.


                                                               2932

 1                 SENATOR RIVERA:   Yes, I yield.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR GALLIVAN:   Rather than me 

 5    trying to articulate the increases and the 

 6    decreases, can you take me through what is going 

 7    to happen with the wage increase?

 8                 SENATOR RIVERA:   Through you, 

 9    Madam President.  So according to the final 

10    budget agreement, the minimum wage rates are 

11    increased by -- will be increased by $1.55 

12    beginning on -- decreased.  (Conferring.)

13                 Through you, Madam President, the 

14    bottom line here is that the effect is that the 

15    home care workers with wage parity, wages will 

16    remain flat for one year and then continue to 

17    grow after that.  

18                 The goal here to is peg the 

19    wage from -- the home care worker wages to the 

20    overall minimum wage rate increase, which will be 

21    discussed obviously in the labor budget bill that 

22    we will have later.

23                 SENATOR GALLIVAN:   So the 

24    supplemental wage -- 

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               2933

 1    sponsor yield?

 2                 SENATOR RIVERA:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR GALLIVAN:   Thank you, 

 6    Madam President.

 7                 The supplemental wage essentially 

 8    provides for differences in wages for New York 

 9    City and part of the downstate area to account 

10    for the cost of living.  And if I understood 

11    correctly, it was supposed to increase -- 

12    increase on October 1st of 2023.  And I'm 

13    understanding -- did I read the budget correctly 

14    that this increase is not going to take place?  

15                 SENATOR RIVERA:   Through you, 

16    Madam President, that is correct.  It will be -- 

17    it will happen -- it is delayed until January.

18                 SENATOR GALLIVAN:   Will the sponsor 

19    continue to yield?

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR RIVERA:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.  

25                 SENATOR GALLIVAN:   Delayed to when?  


                                                               2934

 1                 SENATOR RIVERA:   Through you, 

 2    Madam President, January of next year.

 3                 SENATOR GALLIVAN:   Will the sponsor 

 4    continue to yield?  

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR RIVERA:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR GALLIVAN:   Bear with me.  

11    Is that the location pay?  It would make it 

12    easier for me to understand.  The sponsor 

13    indicated that's delayed until January 1st of 

14    next year.  And I may not be reading it 

15    correctly, but I am -- the way I'm reading this 

16    is that there is simply going to be an increase 

17    in the hourly minimum wage on January 1st of next 

18    year.  Is that -- is that one and the same as the 

19    location pay?  Or is that a separate increase in 

20    minimum wage?  

21                 SENATOR RIVERA:   Through you, 

22    Madam President.  Again, I seek clarification 

23    from the Senator.  If you're -- there are 

24    differences, there are regional differences, but 

25    that does refer to the increase.  But there are 


                                                               2935

 1    regional differences.  

 2                 SENATOR GALLIVAN:   Let me try to 

 3    ask it a different way, if the sponsor would 

 4    continue to yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR RIVERA:   Yes, ma'am. 

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR GALLIVAN:   Okay.  I'll try 

11    to put it in language instead of these dates and 

12    all that.  

13                 In totality, when we go through all 

14    of this over the next several years, the pluses 

15    and the minuses, if you include both the base and 

16    supplemental wage, wouldn't home care workers 

17    under this particular -- the language that's in 

18    the bill, actually realize a cut when compared to 

19    what they otherwise would have received had the 

20    scheduled dollar increase in October not been 

21    repealed?

22                 SENATOR RIVERA:   Through you, 

23    Madam President, no.

24                 SENATOR GALLIVAN:   Will the sponsor 

25    continue to yield.


                                                               2936

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?

 3                 SENATOR RIVERA:   Yes, ma'am.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.

 6                 SENATOR GALLIVAN:   If we could move 

 7    to Part DD, the human service cost-of-living 

 8    adjustment.  

 9                 And the question has to do with this 

10    budget now increases the cost-of-living 

11    adjustment by 4 percent, which represents a 

12    1.5 percent increase from what the Executive 

13    proposed.  We know that the Consumer Price Index 

14    has increased significantly, about 9 percent last 

15    year.  And many of us heard from our constituents 

16    in the human service field about the need for a 

17    COLA increase of 8.5 percent.  

18                 So the simple question is, why was 

19    that rejected?

20                 SENATOR RIVERA:   Through you, 

21    Madam President, you're going to have to ask the 

22    lady downstairs.

23                 SENATOR GALLIVAN:   Will the sponsor 

24    continue to yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               2937

 1    sponsor yield? 

 2                 SENATOR RIVERA:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR GALLIVAN:   Who is the lady 

 6    downstairs?  

 7                 SENATOR RIVERA:   Through you, 

 8    Madam President, the lady downstairs on the 

 9    second floor is the Governor, that lady.  That 

10    lady you've got to ask.

11                 SENATOR GALLIVAN:   Will the sponsor 

12    continue to yield.

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR RIVERA:   Yes.  Yup.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR GALLIVAN:   Can you move on 

19    to Part FF, OPWDD flexibility for delegated 

20    nursing tasks, that area.  

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR GALLIVAN:   You good?

24                 SENATOR RIVERA:   I believe that 

25    OPWDD is handled by Senator Brouk.  But go ahead 


                                                               2938

 1    and ask your question.

 2                 SENATOR GALLIVAN:   So the 

 3    Legislature rejected the Executive's proposal to 

 4    increase flexibility in delegating nursing tasks  

 5    which would allow direct support staff in the 

 6    OPWDD community to do certain things, under the 

 7    appropriate supervision.  Which the theory would 

 8    be, of course, is that it would allow more 

 9    individuals to transition into more independent 

10    settings.  And that was rejected, and my question 

11    is why.

12                 SENATOR RIVERA:   Through you, 

13    Madam President, I was mistaken.  It is not 

14    Senator Brouk, because that is Mental Health.  

15                 It is Senator Mannion, and he will 

16    take that question.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Mannion.

19                 SENATOR MANNION:   Thank you, 

20    Madam President.  Would the Senator mind 

21    repeating the question.

22                 (Laughter.)

23                 SENATOR GALLIVAN:   The Legislature 

24    rejected the Executive's proposal to increase 

25    flexibility in delegating nursing tasks by 


                                                               2939

 1    allowing direct support staff in the OPWDD 

 2    community-based programs to do certain things, of 

 3    course under appropriate supervision.  Which the 

 4    theory is that it would allow more individuals to 

 5    transition into more independent settings.

 6                 And my question is, why was this 

 7    proposal rejected?  

 8                 SENATOR MANNION:   Through you, 

 9    Madam President, I believe that the -- many of 

10    the nurses had conveyed to us, and other medical 

11    professionals, that although the distribution of 

12    medication is important, that it's just as 

13    important to assess the individual after that 

14    medication is given.

15                 And therefore, although there are 

16    great challenges in many of these settings 

17    regarding staffing, it was the Senate's position 

18    to reject based on those recommendations.

19                 SENATOR GALLIVAN:   Will the Senator 

20    continue to yield.

21                 ACTING PRESIDENT PERSAUD:   Senator, 

22    will you yield?  

23                 SENATOR MANNION:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               2940

 1                 SENATOR GALLIVAN:   Is there any 

 2    alternatives proposed to help ease that burden 

 3    out in the field, out in this community?  

 4                 SENATOR MANNION:   Through you, 

 5    Madam President, I know that as a Legislature we 

 6    are open to having those conversations.  And 

 7    certainly there is an office in place that would 

 8    be charged with making sure that any 

 9    recommendations that needed legislative approval 

10    would come to us.  

11                 But at this point I'm open to those 

12    conversations.  I'm not aware that there is an 

13    alternative proposal in our one-house budget.

14                 SENATOR GALLIVAN:   Thank you.  

15                 Would the sponsor continue to yield 

16    specifically about Part BB, dealing with opioid 

17    addiction and banning fentanyl analogues?  

18                 SENATOR RIVERA:   I will.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR GALLIVAN:   The Executive 

22    put forth a proposal to -- a number of proposals 

23    to tackle the fentanyl crisis plaguing our state.  

24    Specifically, though, why does this budget reject 

25    adding the criminal sale of an imitation 


                                                               2941

 1    controlled substance to the definition of a drug 

 2    trafficking felony?  

 3                 SENATOR RIVERA:   Through you, 

 4    Madam President, because we believe that 

 5    criminalization does not work.  We believe 

 6    that -- and I certainly believe that just 

 7    figuring out how many more people we can put in 

 8    jail for anything related to drugs does not 

 9    actually solve the problem.  

10                 Treatment solves the problem.  

11    Recovery solves the problem.  Harm reduction 

12    solves the problem.  Criminalization does not 

13    solve the problem.

14                 SENATOR GALLIVAN:   Will the sponsor 

15    continue to yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR RIVERA:   Yup.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR GALLIVAN:   Based on 

22    Department of Health statistics, we've seen 

23    significant increases in outpatient emergency 

24    department visits due to opioid overdoses other 

25    than heroin, which includes fentanyl.  In New 


                                                               2942

 1    York City alone, fentanyl was deleted {sic} in 

 2    80 percent -- I'm sorry, was detected, rather, in 

 3    80 percent of drug overdose deaths.

 4                 I think the data suggests -- more 

 5    than I think that it suggests; it shows that all 

 6    the policies that we're embracing right now 

 7    aren't working.  So the question that I have is 

 8    not -- is not -- is not how do we deal with the 

 9    individual who might be addicted or the 

10    individual taking the drugs, it's more how do we 

11    keep it out of their hands.  And taking a step 

12    further, we've got people who are disrespecting 

13    all of us and all the citizens of the state and 

14    all of the people who have a problem -- a medical 

15    problem, perhaps a mental problem.  Whatever the 

16    problem is, with drug addiction.  In certain 

17    cases alcohol addiction too, but let's just stay 

18    with what fentanyl is doing to people.  

19                 So how do we stop the people that 

20    are giving it to our kids and our brothers and 

21    our sisters and ultimately killing them because 

22    of the problem that they have?  I'm focused on we 

23    always say the dealer.  But this is -- it's a bad 

24    human being that's giving it to somebody, and 

25    it's the somebody that we love that's dying.


                                                               2943

 1                 So how do we deal with that?  The 

 2    bad guy or the bad girl that is -- I'm taking 

 3    several jumps, but ultimately poisoning the 

 4    people that we love and poisoning people in our 

 5    communities.

 6                 SENATOR RIVERA:   Through you, 

 7    Madam President, I would certainly agree with my 

 8    colleague that the policies we have followed for 

 9    generations now have not worked.  

10                 And what have those policies been, 

11    Madam President?  Putting people in prison, 

12    putting people in jail, and punishing them, 

13    thinking that somebody who is addicted is 

14    stigmatized as a criminal, somebody that should 

15    just be thrown away.  

16                 And we have not invested as we need 

17    to.  Because I would agree with -- I agree with 

18    my colleague, Madam President, I would agree -- 

19    talking about that lady downstairs again, that 

20    there's things that she needs to do to commit 

21    herself to actually doing changes and investing 

22    in things that actually work, like overdose 

23    prevention centers.

24                 As a matter of fact, Madam 

25    President, there was a bill that we passed on 


                                                               2944

 1    this floor just a couple of years ago, my bill -- 

 2    I was very proud to pass it -- which actually 

 3    would create the opioid settlement fund.  

 4    basically in the legal actions that we take 

 5    against pharmaceutical companies, which have 

 6    benefited from actual -- the deaths of so many 

 7    people.  We wanted to make sure that every single 

 8    dollar, Madam President, went to treatment, went 

 9    to harm reduction, went to recovery.  And yet 

10    this administration continues to not take the 

11    advice of the board that was created when that 

12    bill was passed.

13                 So yes -- Madam President, through 

14    you -- as my colleague says, the policies that we 

15    have followed for generations have not worked.  

16    We are trying to change that.  As a matter of 

17    fact, the two overdose prevention centers, Madam 

18    President, that are functioning right now have 

19    saved almost a thousand lives already.  As 

20    opposed to having people die of overdoses in 

21    their -- in bathrooms in McDonald's or in parks 

22    or in their bedrooms, they're actually going 

23    someplace, getting treated like a human being, 

24    getting treated respectfully, and actually 

25    seeking treatment and staying alive.  


                                                               2945

 1                 So, Madam President, I would agree 

 2    with my colleague that we need to do far more on 

 3    this.  And what I would not agree with my 

 4    colleague is that we need to follow policies 

 5    which further criminalize the people who are 

 6    involved in the drug trade.  We need to actually 

 7    do much more about harm reduction and about 

 8    decriminalization, as opposed to just 

 9    stigmatizing people, again, for something else 

10    that they're using.

11                 Through you, Madam President.

12                 SENATOR GALLIVAN:   Will the sponsor 

13    continue to yield.

14                 SENATOR RIVERA:   Sure.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR GALLIVAN:   I'll withhold 

18    the discussion on the overdose prevention centers 

19    for a different day and talk -- I have one -- one 

20    more question specifically about the budget.

21                 And the question has to do with does 

22    this budget do anything not to deal with an 

23    individual who might use drugs or harm themselves 

24    with the use of drugs or illicit substances -- 

25    does this budget at all address the drug dealer 


                                                               2946

 1    and try to do anything about stopping the drug 

 2    dealer from doing what they're doing?

 3                 SENATOR RIVERA:   Through you, 

 4    Madam President, I will repeat what I said.  The 

 5    proposals in the budget were about further 

 6    criminalization as opposed to improved 

 7    investments in harm reduction, treatment, and 

 8    recovery.

 9                 We've gotten the best that we could 

10    out of the negotiations, and here we are.

11                 SENATOR GALLIVAN:   Will the sponsor 

12    continue to yield.

13                 SENATOR RIVERA:   Yeah.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR GALLIVAN:   I'm not sure 

17    that that answer deals specifically with the drug 

18    dealers and does this budget do anything to 

19    address a drug dealer and stop the drug dealer 

20    from dealing the drugs that are killing the 

21    people we love.

22                 SENATOR RIVERA:   Through you, 

23    Madam President, this budget does put money -- 

24    one second.  (Conferring.)

25                 So through you, Madam President, 


                                                               2947

 1    this budget does put money towards DAs, to 

 2    support DAs in cases of overdose deaths.  But it 

 3    just -- I will repeat once again, since we are 

 4    focused strictly on this budget document that is 

 5    in front of us -- that measures that deal with 

 6    criminalization do not solve the problem.  They 

 7    never have, they never will.  

 8                 SENATOR GALLIVAN:   On the bill.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Gallivan on the bill.

11                 SENATOR GALLIVAN:   First I'd like 

12    to thank both Senator Rivera and Senator Mannion 

13    for taking the time to answer the questions.

14                 The health area of the budget is -- 

15    it's very large, we know that.  We spend a 

16    significant amount of money on this.  It's the 

17    biggest area of spending.  And there's many 

18    things that I could talk about, but for the sake 

19    of time I will not.  I only want to speak very 

20    briefly about hospitals.  And I share the 

21    concerns I think of many, including my colleague 

22    Senator Rivera:  Hospitals are in trouble.  And I 

23    think we need to do more.  And I don't think this 

24    budget properly addresses it.

25                 And that is all, Madam President -- 


                                                               2948

 1    and now Mr. President, and I thank you.

 2                 ACTING PRESIDENT BAILEY:   Thank 

 3    you, Senator Gallivan.

 4                 Senator Ashby.

 5                 SENATOR ASHBY:   Thank you, 

 6    Mr. President.  Will the sponsor yield regarding 

 7    questions on Part I.

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR RIVERA:   Yes.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR ASHBY:   Thank you.

14                 It looks like there's a 6.5 percent 

15    rate increase for nursing homes and assisted 

16    living.  But also the language identifies that it 

17    could go up to 7.5 percent contingent on approval 

18    from the commissioner of the Department of 

19    Health, DOB and CMS.  

20                 How would they get from that 

21    6.5 percent to the 7.5 percent?

22                 SENATOR RIVERA:   Through you, 

23    Madam President, there is a process by which the 

24    administration -- at least that's what they're 

25    saying -- that they're going to go to CMS and 


                                                               2949

 1    ask -- meaning the Center for Medicaid Services, 

 2    which is the federal agency that deals with 

 3    Medicaid -- through you, Mr. President -- and 

 4    they are going to ask them whether they could go 

 5    up to 7.5.  And if they're approved, then they 

 6    would go up to 7.5.

 7                 SENATOR ASHBY:   Through you, 

 8    Mr. President, would the sponsor continue to 

 9    yield?  

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield? 

12                 SENATOR RIVERA:   Yes.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.

15                 SENATOR ASHBY:   So it sounds like 

16    it would just -- it would be purely upon federal 

17    approval, there's no intermediary at the state?

18                 SENATOR RIVERA:   Through you, 

19    Mr. President, it would be -- the intermediary 

20    would be the Medicaid director, who would go and 

21    seek approval.  And then if we had the federal 

22    approval, then it would be -- it would happen.

23                 SENATOR ASHBY:   Would the sponsor 

24    continue to yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               2950

 1    sponsor yield?

 2                 SENATOR RIVERA:   Yup.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.

 5                 SENATOR ASHBY:   Wouldn't it make 

 6    sense at this point, after 15 years, to examine 

 7    how our Medicaid reimbursement rates are in terms 

 8    of rebasing?  

 9                 SENATOR RIVERA:   Through you, 

10    Mr. President, yup.  

11                 (Laughter.)

12                 SENATOR ASHBY:   Would the sponsor 

13    continue to yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR RIVERA:   Sure will.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR ASHBY:   What seems to be -- 

20    what seems to be the holdup or the issue 

21    regarding why this hasn't happened yet?

22                 SENATOR RIVERA:   Through you, 

23    Mr. President, ask the lady downstairs.

24                 SENATOR ASHBY:   Would the sponsor 

25    continue to yield.


                                                               2951

 1                 ACTING PRESIDENT BAILEY:   Will the 

 2    sponsor yield? 

 3                 SENATOR RIVERA:   Yup.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    sponsor yields.

 6                 SENATOR ASHBY:   Is there any 

 7    rationale given -- given to this body as to why 

 8    this isn't -- this isn't happening?

 9                 SENATOR RIVERA:   Through you, 

10    Mr. President, not one that I'd repeat here, no.

11                 SENATOR ASHBY:   Thank you, 

12    Mr. President.

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Ashby.

15                 Senator Helming.

16                 SENATOR HELMING:   Thank you, 

17    Mr. President.  Through you, will the sponsor 

18    yield for a few questions?  

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield? 

21                 SENATOR RIVERA:   Yes, I will.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR HELMING:   Thank you, 

25    Senator Rivera.


                                                               2952

 1                 In response to an earlier question 

 2    from Senator Gallivan, I heard your frustration 

 3    about the 340B program.  You and I sat next to 

 4    each other during the budget -- the hearings, and 

 5    we both shared our concerns.  So I understand 

 6    your frustration.  I share your frustration.  I'm 

 7    really concerned about our hospitals, especially 

 8    our smaller hospitals that serve so many of the 

 9    communities that I represent.

10                 But I wanted to ask you about what's 

11    in the budget for the federally qualified 

12    healthcare centers, centers like Finger Lakes 

13    Community Health.  They serve the small cities in 

14    all of the rural areas in my district.  Without 

15    them, because we don't have other providers -- 

16    we're short providers, we're short facilities.  

17    They provide mobile services.  They go out to our 

18    farms.  They provide dental service to our 

19    children.  They provide mental health services.  

20    And when you talk about treatment, that we need 

21    to invest in treatment, this is what we need.  

22                 So what is in the budget for these 

23    federally qualified health centers?

24                 SENATOR RIVERA:   Through you, 

25    Mr. President, not enough.  


                                                               2953

 1                 SENATOR HELMING:   If the sponsor 

 2    will continue to yield.

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR RIVERA:   Yup.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.  

 8                 SENATOR HELMING:   Senator, you had 

 9    proposed language that it seemed to me that most 

10    providers, people on both sides of the political 

11    aisle, that we all agreed on your bill language.  

12    Is that in the budget?

13                 SENATOR RIVERA:   Through you, 

14    Mr. President, no, it is not.

15                 SENATOR HELMING:   If the sponsor 

16    will continue to yield.

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor continue to yield?

19                 SENATOR RIVERA:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR HELMING:   Senator, can you 

23    explain to me that if this is such a priority 

24    that we all agree on, why isn't it in the budget? 

25                 SENATOR RIVERA:   Through you, 


                                                               2954

 1    Mr. President, at the risk of sounding 

 2    repetitive, ask the lady downstairs.

 3                 SENATOR HELMING:   Through you, 

 4    Mr. President, if the sponsor will continue to 

 5    yield.

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?

 8                 SENATOR RIVERA:   Yup.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR HELMING:   I'm asking the 

12    chair of the Senate Health Committee, a person 

13    who's a member of a supermajority here.  

14                 Senator Rivera, I feel like you have 

15    the power and the ability to make things happen.  

16    We have got to figure out a way to help these 

17    federally qualified healthcare centers.  They -- 

18    without them, I truly don't know what people in 

19    my community -- and not just my community, but 

20    across this state, are going to do.  

21                 What can we do to make sure that 

22    they get adequate funding so they can keep their 

23    doors open?  

24                 SENATOR RIVERA:   Through you, 

25    Mr. President.  I wish that I had more power than 


                                                               2955

 1    I do now on this particular issue, certainly.  

 2                 Negotiations are what they are.  We 

 3    got the best that we can.  And, you know, here we 

 4    are, just, you know, just -- just one month 

 5    removed from when this was supposed to take 

 6    place, and this is the best that we could get.

 7                 SENATOR HELMING:   Thank you.  

 8                 Mr. President, on the bill.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Helming on the bill.

11                 SENATOR HELMING:   I can't tell you 

12    how deeply disturbing this is to me.  We all 

13    agree that we need to provide services to people, 

14    whether it's medical, dental, mental health.  And 

15    again, these federally qualified healthcare 

16    centers, they're the ones who are delivering to 

17    the people most in need.  They're using mobile 

18    units.  How are they going to put gas in their 

19    facilities when the State of New York is taking 

20    money out of their pockets?  

21                 I will be voting no on this bill, 

22    and I urge everyone to vote no.  Stand up for the 

23    people.  Stand up and vote no.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Walczyk.


                                                               2956

 1                 SENATOR WALCZYK:   Thank you, 

 2    Madam President -- or Mr. President, I'm sorry.  

 3    Switched faces up there.

 4                 ACTING PRESIDENT BAILEY:   Roxanne 

 5    does it better.

 6                 (Laughter.)

 7                 SENATOR WALCZYK:   On the health and 

 8    mental hygiene bill, looking to chat with someone 

 9    about Part S in regards to emergency medical 

10    services.

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Rivera, would that be you?  

13                 SENATOR RIVERA:   Yup.  I yield.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Rivera yields.

16                 SENATOR WALCZYK:   Great.  Through 

17    you, Mr. President, if the sponsor would yield 

18    for some questions. 

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.

21                 SENATOR WALCZYK:   The Governor 

22    proposed an emergency medical services training 

23    program in her original budget proposal because 

24    there's such a dire need for staff and trained 

25    individuals, especially in rural EMS.  What does 


                                                               2957

 1    this budget do with new or expanded programs for 

 2    training EMS personnel?

 3                 SENATOR RIVERA:   Through you, 

 4    Mr. President, this budget would use DOH -- the 

 5    Department of Health would establish funds for 

 6    recruitment in mental health and wellness 

 7    programs.  They would also issue regulations for 

 8    licensing emergency medical technicians and 

 9    specialized credentialing of emergency medical 

10    technicians, as well as allowing the possibility 

11    of an agency having a specialization.

12                 SENATOR WALCZYK:   Through you, 

13    Mr. President, if the sponsor would continue to 

14    yield.

15                 ACTING PRESIDENT BAILEY:   Will the 

16    sponsor yield?

17                 SENATOR RIVERA:   Yup.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.

20                 SENATOR WALCZYK:   That's what I 

21    read as well.  What I asked is, what does this 

22    budget bill that's presented before us here today 

23    do for training, either new or expanded training, 

24    as the Governor proposed in her budget -- or, as 

25    you like to refer to her, as the woman downstairs 


                                                               2958

 1    proposed in her original budget?

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President, the funds are for recruitment and 

 4    retention.  There is not really any funding 

 5    identified for training.

 6                 SENATOR WALCZYK:   Through you, 

 7    Mr. President, if the sponsor would continue to 

 8    yield.

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 SENATOR RIVERA:   Yes.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.  

14                 SENATOR WALCZYK:   I find that it's 

15    always most difficult to find the things in the 

16    budget that aren't in the budget.  So was her 

17    training program for EMS in the State of New York 

18    rejected in this final budget bill?

19                 SENATOR RIVERA:   Through you, 

20    Mr. President, yes.

21                 SENATOR WALCZYK:   Through you, 

22    Mr. President, would the sponsor continue to 

23    yield.

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               2959

 1                 SENATOR RIVERA:   Yes.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR WALCZYK:   The Governor 

 5    proposed -- or the woman downstairs, as my 

 6    colleague likes to refer to her as, she proposed 

 7    mobile integrated healthcare language.  This has 

 8    been operating as a pilot program in the State of 

 9    New York for a while.  Agencies have seen some 

10    great success.  

11                 Was her language included in this 

12    final budget bill?

13                 SENATOR RIVERA:   Through you, 

14    Mr. President, it did not make it into the final 

15    budget.  

16                 SENATOR WALCZYK:   Through you, 

17    Mr. President, would the sponsor continue to 

18    yield.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR RIVERA:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   Would you give us 

25    a justification for why that was removed from the 


                                                               2960

 1    budget proposal?  

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President, negotiations are what they are.  

 4    And not every party at the table was in agreement 

 5    that it should be included.

 6                 SENATOR WALCZYK:   Through you, 

 7    Mr. President, would the sponsor continue to 

 8    yield.

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?

11                 SENATOR RIVERA:   Yup.

12                 ACTING PRESIDENT BAILEY:   The 

13    sponsor yields.

14                 SENATOR WALCZYK:   EMS providers, 

15    who many are in fiscal danger right now across 

16    New York State, asked for Medicaid rate reform.  

17    Did they get it in this budget?

18                 SENATOR RIVERA:   Through you, 

19    Mr. President, they did not.

20                 SENATOR WALCZYK:   And through you, 

21    Mr. President, would the sponsor continue to 

22    yield.

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield?

25                 SENATOR RIVERA:   Yup.


                                                               2961

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.  And so does Siri.

 3                 SENATOR WALCZYK:   EMS providers for 

 4    a long time in New York State -- and I know you 

 5    know this, Mr. Chairman -- have been asking for a 

 6    direct pay option from insurers to avoid fraud 

 7    and nonpayment from those who they carry and 

 8    bring that critical medical transport.  

 9                 Did they get it in this final 

10    budget?  

11                 SENATOR RIVERA:   Through you, 

12    Mr. President, they did not.  

13                 SENATOR WALCZYK:   Sorry to hear 

14    that.  

15                 And through you, Mr. President, if 

16    the sponsor would continue to yield.  

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR RIVERA:   Yes, I do.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR WALCZYK:   Do you consider 

23    emergency medical services essential?  

24                 SENATOR RIVERA:   Through you, 

25    Mr. President, I absolutely do.


                                                               2962

 1                 SENATOR WALCZYK:   Through you, 

 2    Mr. President, would the sponsor continue to 

 3    yield.

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR RIVERA:   Yup.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR WALCZYK:   Does this budget 

10    reflect a language change to describe them in 

11    health law as "essential"?

12                 SENATOR RIVERA:   Through you, 

13    Mr. President, this final budget does not.  But 

14    our one-house budget did.

15                 SENATOR WALCZYK:   And through you, 

16    Mr. President, would the sponsor continue to 

17    yield.

18                 ACTING PRESIDENT BAILEY:   Will the 

19    sponsor yield?

20                 SENATOR RIVERA:   Yes.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR WALCZYK:   Have you ever had 

24    a look at the EMS org chart in the State of 

25    New York, all of the agencies that they report 


                                                               2963

 1    to?  

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President, yes, I have.

 4                 SENATOR WALCZYK:   And through you, 

 5    Mr. President, if the sponsor would continue to 

 6    yield.

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield?

 9                 SENATOR RIVERA:   Yes, I will.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR WALCZYK:   Did it make sense 

13    to the good and learned chairman, or am I just 

14    new enough here that this was confusing for a 

15    newbie?  

16                 SENATOR RIVERA:   Through you, 

17    Mr. President, I think we all agree that the only 

18    good one is Liz.  She's the good Senator.  I'm 

19    not sure how learned I am.  

20                 But in either case, it is -- it is 

21    certainly needlessly complicated.

22                 SENATOR WALCZYK:   Mr. President, on 

23    the bill.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Walczyk on the bill.


                                                               2964

 1                 SENATOR WALCZYK:   Sixty percent of 

 2    paid EMS in New York State are saying they have a 

 3    diminished ability to answer calls.  The chairman 

 4    said they are essential.  

 5                 Half of the volunteer -- over half 

 6    of the volunteer emergency medical services 

 7    describe themselves as severely impaired by a 

 8    lack of volunteerism.  Yet we call them 

 9    essential, but we don't say it in the law.  

10                 This budget adds layers of confusion 

11    to that org chart we talked about a moment ago.  

12    It adds another block, another layer of 

13    governmental confusion for emergency medical 

14    services that does nothing but to remove local 

15    input and take providers out of circulation.

16                 EMS is on the verge of crisis.  They 

17    made some simple requests -- some of those that I 

18    lined out in debate, some they've been advocating 

19    for years, some they're saying are critical in 

20    this year alone -- and this budget completely 

21    fails them.  And I'm tremendously concerned about 

22    the state of rural EMS, and so should you be.

23                 This budget also fails human service 

24    workers on the cost-of-living adjustment and our 

25    local community healthcare centers with the 340B 


                                                               2965

 1    carveout, which only hurts low-income families 

 2    and those who are most disadvantaged across 

 3    New York State.  

 4                 I'm tremendously disappointed by 

 5    what's been presented here today, and I will vote 

 6    no.

 7                 Thank you, Mr. President.

 8                 ACTING PRESIDENT BAILEY:   Are there 

 9    any other Senators wishing to be heard?

10                 Senator Martins.

11                 SENATOR MARTINS:   Thank you, 

12    Mr. President.

13                 Would the good Senator, my dear 

14    friend Senator Rivera, please yield for just a 

15    couple of questions.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield?

18                 SENATOR RIVERA:   Through you, 

19    Mr. President.  Again, took the "learned" out, 

20    which is appropriate.

21                 Yes, I will indeed yield.

22                 SENATOR MARTINS:   Good friend.

23                 ACTING PRESIDENT BAILEY:   The 

24    sponsor yields.

25                 SENATOR MARTINS:   Thank you.  


                                                               2966

 1                 Senator, in Part S there's a 

 2    reference to volunteer firefighters being able to 

 3    access health benefits regardless of the amount 

 4    of funds derived from public sources.  That is, 

 5    volunteer firefighters would have access to 

 6    health insurance.

 7                 I was wondering if you could tell us 

 8    who would be paying for that health insurance.  

 9    Would it be paid for by the local municipality, 

10    the village, the fire district that oftentimes 

11    has the ambulance corps as one of its companies?  

12    Can you provide clarity?

13                 SENATOR RIVERA:   Through you, 

14    Mr. President, it -- what the budget proposes is 

15    a codification of current practice, which has the 

16    individual, the volunteer themselves, paying for 

17    the health care premium.

18                 SENATOR MARTINS:   Thank you, 

19    Mr. President.  Through you, if the sponsor would 

20    continue to yield.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR RIVERA:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               2967

 1                 SENATOR MARTINS:   Thank you.  

 2                 Just so we're clear, if they are 

 3    volunteers, they have the option as a volunteer 

 4    to access health insurance through the 

 5    municipality that provides that emergency 

 6    service, but it would be at their cost, not at 

 7    the cost of the district or the village or the 

 8    town or the taxpayer.  

 9                 SENATOR RIVERA:   Through you, 

10    Mr. President, that is correct.

11                 SENATOR MARTINS:   Thank you, 

12    Mr. President.  Thank you.

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Martins.

15                 Are there any other Senators wishing 

16    to be heard?

17                 Seeing and hearing none, debate is 

18    closed.  The Secretary will ring the bell.

19                 Read the last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               2968

 1    Fernandez to explain her vote.

 2                 SENATOR FERNANDEZ:   Thank you so 

 3    much, Mr. President.  

 4                 And thank you to our sponsor and 

 5    leader for fighting so hard the way they did to 

 6    get to where we are with the health and mental 

 7    health bill.

 8                 This conference, under the 

 9    leadership of Andrea Stewart-Cousins, really did 

10    try to do the most.  And we know when it comes to 

11    our health and mental health and overall 

12    well-being, we always need to try to do the most.  

13                 And of course I wish that we could 

14    have done more.  I wish that we got to a higher 

15    COLA.  I wish that we could have added every task 

16    force when it comes to suicide prevention.  But 

17    it cannot be lost, the good things that were in 

18    this budget.  

19                 As chair of Alcohol and 

20    Substance Use Disorders, I am very proud to see 

21    that now we have dual licensing and the ability 

22    for those that have co-occurring disorders and 

23    mental health needs and substance use needs can 

24    still get the full, round support that they've 

25    always needed.  


                                                               2969

 1                 It's been long overdue, but this is 

 2    a big step in making sure that no one faces 

 3    further barriers when they are trying to get 

 4    themselves on a better path to recovery.

 5                 I am very proud too that we included 

 6    language on certain topics.  I wish we could have 

 7    done more.  But it is a big step and a big win 

 8    that we included a task force for Daniel's Law.  

 9    Because when it comes to mental health crises in 

10    this state, we have to be better, we have to do 

11    better, and we have to start setting up a 

12    structure that will be better.  

13                 And a task force is a first step.  I 

14    am ready for a pilot program; I know many of us 

15    are.  But the work that has been done to get this 

16    budget to where it is cannot be ignored.  

17                 And for that, I vote in the 

18    affirmative.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Fernandez to be recorded in the affirmative.

21                 Senator Harckham to explain his 

22    vote.

23                 SENATOR HARCKHAM:   Thank you, 

24    Mr. President.  

25                 I've been sitting listening to the 


                                                               2970

 1    debate.  I want to thank my friend 

 2    Senator Martins for asking us to speak on the 

 3    substance of bills and not so much the political 

 4    tit-for-tat.  But I do need to respond to just 

 5    some of the things that were said on policy.

 6                 You know, our health system was 

 7    starved for 12 years.  Medicaid rates were held 

 8    flat.  Our behavioral health agencies' 

 9    reimbursements were held flat.  In some cases 

10    there were periods of time where they received 

11    clawbacks.  And our colleagues on the other side 

12    of the aisle were in the majority through most of 

13    that.

14                 So it's a little disingenuous to 

15    hear that when we in the Majority set out years 

16    ago to begin to bring those agencies back to 

17    where they need to be, that we were not funding 

18    enough.

19                 And at the beginning of the debate 

20    we heard that we were spending too much, and now 

21    in this debate we're hearing we're not spending 

22    enough.

23                 So I would like to say that I'm 

24    voting for this because this continues the 

25    measured increase that this Majority started a 


                                                               2971

 1    few years ago for all of the O agencies, the 

 2    human service workers, the folks in our nursing 

 3    homes, the folks in our hospitals -- increasing 

 4    Medicaid rates as much as we could in a 

 5    responsible way this year, continuing the 

 6    increases to all of the O agencies who've been 

 7    starved for 12 years.

 8                 So I think we've made a lot of 

 9    positive strides, not just last year but this 

10    year as well.  Remember, there's a compounding 

11    effect.  

12                 So for those reasons, I'll be voting 

13    aye on this budget bill.

14                 Thank you, Mr. President.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Harckham to be recorded in the affirmative.

17                 Senator Brouk to explain her vote.

18                 SENATOR BROUK:   Thank you, 

19    Mr. President.

20                 You know, I think, as many of us 

21    have described today, it's a mixed bag.  I think 

22    this budget in general; specifically, this budget 

23    bill.  

24                 But there are some really amazing 

25    things that we've been able to accomplish.  There 


                                                               2972

 1    are some things that I know many of us wish we 

 2    had been able to do more of.  And there are 

 3    things that frankly are going to be really 

 4    difficult for some of us when we go back to talk 

 5    to our communities.  

 6                 I have to add -- and many have 

 7    talked about this -- there are difficulties when 

 8    we look at our hospitals, when we look at the 

 9    effects of these changes for 340B.  Many of us 

10    feel we were put in a difficult position to get 

11    back as much as we could for our institutions.  

12    And I know certainly the fight will not end 

13    today, as I continue to fight for funding to keep 

14    afloat both our hospitals in the Rochester area 

15    and so many of our clinics that serve some of our 

16    most vulnerable community members.

17                 Then there were things that we had 

18    high hopes of achieving and we were able to make 

19    some progress on.  And one of those is the task 

20    force -- the Daniel's Law task force.  I have to 

21    be honest, my first choice to be voting today 

22    would have been to be voting to have the entire 

23    Daniel's Law bill language and fully funded for 

24    state implementation in this budget.  

25                 My second choice would have been the 


                                                               2973

 1    Senate's one-house resolution where we had a task 

 2    force and funded pilot.  

 3                 But we are here in the art of 

 4    compromise, as three branches of government, and 

 5    so what we have is a notable step forward where 

 6    we are finally as a state going to look at what 

 7    it looks like to have public health response when 

 8    it comes to mental health and substance use 

 9    crises.

10                 And I am asking and imploring those 

11    who now have the responsibility of moving this 

12    task force forward to do just that, and to do 

13    right by honoring Daniel Prude's legacy.

14                 And the last one I'll add on a very 

15    positive note:  Great news about the Maternal 

16    Mental Health Workgroup that was fully funded in 

17    this budget bill.  

18                 And my last piece I'll say about 

19    this is not only does this continue to be the 

20    number-one most common pregnancy complication for 

21    birthing people in this state, but this is now a 

22    workgroup that will reimburse members of the 

23    workgroup for childcare.  Which is something that 

24    we all know is a major struggle and will make 

25    sure that those who are disproportionately 


                                                               2974

 1    affected by these mental health conditions can 

 2    actually participate fully.  

 3                 For those reasons, I vote aye.  And 

 4    thank you for this time.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Brouk to be recorded in the affirmative.

 7                 Senator Ramos to explain her vote.  

 8                 SENATOR RAMOS:   Thank you, 

 9    Mr. President.  

10                 I want to start by thanking our 

11    leader, Andrea Stewart-Cousins, for guiding us 

12    through this cumbersome process once again.  And 

13    I of course want to commend my colleague 

14    Senator Rivera for his characterization of the 

15    very serious health issues that we are 

16    experiencing here in New York right now.

17                 But I would be remiss if as 

18    Labor chair I didn't stand here to say that 

19    although I am going to be voting in the 

20    affirmative for this budget bill, that I want to 

21    declare that it was wrong for home care workers 

22    to be pitted against minimum wage workers in this 

23    budget negotiation.  Because Governor Hochul did 

24    make a promise to home care workers last year in 

25    last year's budget that is not being kept this 


                                                               2975

 1    year.  

 2                 The whole point of the phased-in 

 3    differential for this workforce is that the 

 4    sector is in crisis, and a single meager raise 

 5    was not going to be enough to stabilize it.

 6                 This is about how we care for our 

 7    society's most vulnerable citizens, but it's also 

 8    about how we value care work, care work that is 

 9    actually done mostly by women and mostly by women 

10    of color in this state.  We are talking about 

11    immigrant workers, like I said, women of color.  

12    It is not minimum-wage work, what they do.  I 

13    guarantee you that by and large, most of us 

14    sitting right here in this chamber right now 

15    would not have the strength, the patience, and 

16    the audacity to do home care work like so many do 

17    every day.

18                 And so with that, I ask that those 

19    who do engage in home care work be recognized and 

20    that we continue to fight for them, not only this 

21    year but next year as well.

22                 Thank you, Mr. President.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Ramos to be recorded in the affirmative.

25                 Senator Gonzalez to explain her 


                                                               2976

 1    vote.

 2                 SENATOR GONZALEZ:   Thank you, 

 3    Mr. President.  I rise today to speak in favor of 

 4    this budget bill.  

 5                 A couple of weeks ago I spoke on the 

 6    floor about expanding access to abortion rights 

 7    in New York, as a necessity at a time when we're 

 8    seeing a far-right movement move to strip our 

 9    rights to an abortion nationwide.

10                 And today we're taking another step 

11    towards expanding and protecting our right to an 

12    abortion, in addition to our privacy while 

13    exercising that right, in this budget bill.

14                 Today many people believe that, you 

15    know, our medical data is protected by HIPAA.  

16    But oftentimes our health data is bought and sold 

17    by third parties.  And so in Part U of this bill, 

18    in a part sponsored by myself and Assemblymember 

19    Rozic, what we've done is for the first time in 

20    this country limited telecommunication companies 

21    from cooperating with out-of-state warrants when 

22    they seek to buy our health data.  

23                 What this means is for people who 

24    are coming to seek their right to an abortion in 

25    New York, that they will be protected from any 


                                                               2977

 1    escalation or persecution in their own home 

 2    state.  

 3                 This is an important moment, and I 

 4    want to thank all of my colleagues.  I want to 

 5    thank the staff who put time towards this part of 

 6    the bill.  And as you've heard, this is one of 

 7    the successes of many that we're seeing in this 

 8    budget bill, and in others.  

 9                 But of course there is a lot of work 

10    to be done, and we are going to continue to not 

11    only codify our right to an abortion, but also 

12    work to address the lack of funding and 

13    healthcare and coverage for all that you heard 

14    from Senator Rivera, invest in our home care 

15    workers, and commit to 150 percent of the minimum 

16    wage floor for home care workers, as you heard 

17    from Senator Ramos.  And, of course, fully fund 

18    our hospitals, especially when we are still in a 

19    health crisis and will continue to see that.

20                 So I vote aye on this bill and again 

21    thank everyone for their work and dedication to 

22    all of these fights.

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Gonzalez to be recorded in the affirmative.

25                 Senator Kavanagh to explain his 


                                                               2978

 1    vote.

 2                 SENATOR KAVANAGH:   Thank you, 

 3    Mr. President.

 4                 I want to speak about a particular 

 5    aspect of this bill.  There's obviously a lot 

 6    going on that's sort of been discussed on this 

 7    floor.  But, you know, a lot of times during the 

 8    coverage of the budget negotiations the things 

 9    that the Executive and the Legislature disagree 

10    about get a lot of airtime, a lot of discussion.  

11    So there's been very little discussion about the 

12    fact that this budget, for the first time, puts 

13    the state on a path to addressing a tremendous 

14    public health problem.  

15                 New York State has one of the 

16    highest rates of childhood lead poisoning in the 

17    United States, largely because of old housing 

18    that is not properly maintained, not properly 

19    inspected, and without programs to effectively 

20    remediate that.  There has been legislation in 

21    the past, but it really hasn't been doing the job 

22    such that especially outside New York City -- 

23    New York City government and the New York City 

24    Health Department have done a reasonably good job 

25    on this.  In the rest of the state, we've had 


                                                               2979

 1    very little reaction.

 2                 This budget bill in Part T sets a 

 3    program in place, it was proposed by the 

 4    Executive and accepted by both houses.  But it 

 5    creates a program where in the zip codes with the 

 6    highest rates of lead poisoning, there will be 

 7    cyclical inspections of all the rental units.  

 8    There will be $20 million, which is in the 

 9    housing portion of the budget, to begin to 

10    remediate when hazards in those apartments are 

11    literally poisoning children in their own home.  

12    It's a critical priority.  

13                 There are other things we need to do 

14    with respect to lead, but this is a big step 

15    forward.  

16                 So with that, Mr. President, I vote 

17    aye.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Kavanagh to be recorded in the affirmative.

20                 Senator Hoylman-Sigal to explain his 

21    vote.

22                 SENATOR HOYLMAN-SIGAL:   Thank you, 

23    Mr. President.  

24                 I rise to support this budget bill, 

25    to thank my colleagues Senator Rivera and 


                                                               2980

 1    Senator Brouk and others, and Leader 

 2    Stewart-Cousins, and the Governor -- the Governor 

 3    for making this budget a mental health budget.  

 4                 And that is so important and cannot 

 5    be overstated, given the crisis in mental health 

 6    that every one of us sees in our districts.  

 7    Walking through Midtown or Penn Station, or the 

 8    Upper West Side or Chelsea or Hell's Kitchen, it 

 9    confronts us every day.  Even when I take my kids 

10    to school, when I wait for the bus, when I'm on 

11    the subway.  I'm like every other New Yorker who 

12    says we need to do more to help people.

13                 And so the $1 billion in this budget 

14    directed toward mental health services will go a 

15    long way to rectify the cuts, the cuts of decades 

16    past when we closed and shut down mental health 

17    beds across this state.

18                 Eight hundred fifty new beds are 

19    going to be added.  That's going to be crucial.  

20    New outpatient services, provider flexibility, 

21    the Daniel's Law task force, and boosting 

22    insurance coverage -- these are all going to go 

23    to addressing this problem, which is not a 

24    New York problem but a nationwide problem.  

25                 But we have this mental health 


                                                               2981

 1    budget, and I proudly vote aye.

 2                 Thank you, Mr. President.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Hoylman-Sigal to be recorded in the affirmative.

 5                 Senator Mannion to explain his vote.

 6                 SENATOR MANNION:   Thank you, 

 7    Mr. President.

 8                 I rise today in support of this 

 9    bill.  I'd like to thank Majority Leader 

10    Stewart-Cousins for her leadership.  

11                 After over a decade of no 

12    cost-of-living adjustment for the O agencies, 

13    including OPWDD, we have seen historic 

14    cost-of-living adjustments over the past three 

15    years -- of 1 percent, 5.4 percent, and 

16    4 percent.  I will say that this will be a legacy 

17    that we must continue to build on, as the 

18    challenges in this world are great as it relates 

19    to housing, certainly staffing, employment, and 

20    others.

21                 Some of the stories that exist in 

22    this world are tragic -- stories of DSPs working 

23    triple shifts, stories of people not being able 

24    to go to their community hab or their day hab.  

25    These challenges are going to persist unless we 


                                                               2982

 1    fully support this system.

 2                 So I will vote aye today, in leading 

 3    into future years of significant support for this 

 4    community.

 5                 Thank you, Mr. President.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Mannion to be recorded in the affirmative.

 8                 Senator May to explain her vote.

 9                 SENATOR MAY:   Thank you, 

10    Mr. President.  I also rise in support of this 

11    bill.  

12                 This is my third budget cycle 

13    working on fair pay for home care, and I have 

14    learned so much in this fight from the home care 

15    workers, from the consumers who depend on home 

16    care, from the family members who need the peace 

17    of mind to be able to go to work and know that 

18    their loved ones are being cared for.

19                 We had a real challenge this year.  

20    Last year we managed to win an increase for home 

21    care workers above minimum wage, and there was a 

22    threat of merging home care wages back with 

23    minimum wage in the original Executive Budget.  

24    And I'm very grateful to the Majority Leader, to 

25    our staff who negotiated a different path that 


                                                               2983

 1    continues to assert that home care is not a 

 2    minimum-wage job, that is not going to hold their 

 3    wages flat or send a message that we don't care 

 4    about home care workers.  

 5                 We still have a long way to go to 

 6    get to true fair pay for home care.  But this is 

 7    far better than it might have been, and so I want 

 8    to say how grateful I am to everybody who 

 9    supported the home care workers this year, and 

10    everyone on staff and in the Senate who has 

11    supported keeping their wages as high as we can 

12    get them.

13                 I vote aye.  Thank you.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    May to be recorded in the affirmative.

16                 Senator Mayer to explain her vote.

17                 SENATOR MAYER:   Thank you, 

18    Mr. President.  

19                 I also rise with my colleagues to 

20    say that I'll be voting yes on this budget.  

21                 Like all budgets that we negotiate, 

22    regardless of party, these budgets are not 

23    perfect.  They are the product of real battle on 

24    behalf of the interests that we care about.  And 

25    our Senate Democratic Majority, led by our 


                                                               2984

 1    leader, who really proved again her mettle in 

 2    fighting to reject years of austerity budgets in 

 3    healthcare.

 4                 Is the bill good enough for 

 5    hospitals and nursing homes?  Absolutely not.  Is 

 6    it a step forward?  It is a step forward.  We 

 7    have a long way to go.  We need to invest in our 

 8    hospitals and nursing homes and their dependence 

 9    on state Medicaid dollars, and do far better.  

10    But we moved the ball ahead.  

11                 The COLA for our human service 

12    workers, as my colleagues had mentioned, so 

13    essential.  I regret and I'm disappointed that it 

14    doesn't include DSPs that work for voluntary 

15    agencies that are not part of the O agencies.  

16    Those largely women, and women of color, work as 

17    well, giving their heart and soul to these jobs.  

18    And unfortunately, they are not covered.

19                 I want to talk about one thing that 

20    is very positive -- it came up in the debate -- 

21    that is important to me, which is these EMS 

22    companies that are quasi-municipal.  Together 

23    with my colleague, Assemblyman Steve Otis, we 

24    fought to get them to be able to participate in 

25    the Empire Plan.  They had been denied 


                                                               2985

 1    participation in the Empire Plan.  Now they're 

 2    going to be able to get the quality health 

 3    insurance that we all have, because of a change 

 4    by the commissioner of Civil Service which is 

 5    reflected in this budget.  

 6                 Should we have been able to get the 

 7    essential worker/provider language that we 

 8    wanted?  Absolutely.  But we live to fight 

 9    another day here.  We stand for the workers, the 

10    people who provide this care all over this state.  

11    We will continue to fight for them.  But we 

12    appreciate that this is a step forward in the 

13    right direction that achieves meaningful goals 

14    for those that we represent.

15                 I vote aye.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Mayer to be recorded in the affirmative.

18                 Senator Webb to explain her vote.

19                 SENATOR WEBB:   Thank you, 

20    Mr. President.

21                 I rise to speak on this budget bill.  

22    And I would be remiss if I didn't thank our 

23    Majority Leader for all of her leadership during 

24    this budget; my colleagues, especially 

25    Senator Rivera, as the chair of our 


                                                               2986

 1    Health Committee; and also Senator Brouk, who's 

 2    the chair of our Mental Health Committee; and all 

 3    the staff members who have worked over just a few 

 4    days on this budget.

 5                 I also want to take this time to 

 6    lift up all the advocates that have been coming 

 7    to us throughout the course of this budget, all 

 8    the community organizations, members of the 

 9    public who have been fighting for resources that 

10    we have tried to incorporate into this particular 

11    budget bill as relates to healthcare access.  

12                 And as a former healthcare organizer 

13    myself, in working on this critical issue, 

14    understanding firsthand the challenges of having 

15    a healthcare system that does not center the 

16    needs of our communities and in fact sometimes 

17    puts big money interests over the needs of the 

18    healthcare and the lives of our constituents, 

19    being able to stand here today and reflect on 

20    this particular health budget is really a 

21    full-circle moment for me.

22                 And so -- and also, as the chair of 

23    our Women's Issues Committee, I was happy to see 

24    that in this budget it includes important 

25    protections, as one of my colleagues already 


                                                               2987

 1    alluded to, as relates to reproductive care -- 

 2    which is healthcare, and it is essential -- with 

 3    respect to abortion drug coverage and expanding 

 4    access to this essential care for individuals who 

 5    are currently in our state and also coming to our 

 6    state seeking this essential service.

 7                 This budget also includes language 

 8    to establish a maternal mental health workgroup.  

 9    And I would be remiss again if I didn't thank 

10    Senator Brouk for her continued advocacy on this 

11    very important issue.  

12                 Because as we have said in this 

13    chamber and on this issue time and time again, 

14    that Black mothers in particular are most likely 

15    to experience postpartum depression and the least 

16    likely to receive treatment, with a staggering 

17    number of cases estimated to go undiagnosed or 

18    unreported.  

19                 And so this disparity in care puts 

20    Black mothers and their families at risk for the 

21    most worst mental health outcomes.

22                 This budget also makes significant 

23    investments not only in our healthcare 

24    infrastructure, but strengthens access to mental 

25    health services.  Again, this is an issue that we 


                                                               2988

 1    have talked about and continue to talk about and 

 2    work on in this chamber, and most certainly this 

 3    is a big issue in my district.  The pandemic, as 

 4    I often remark, has served as a reminder of why 

 5    we need to invest in mental health services.

 6                 And so, again, I want to thank my 

 7    colleagues for their support in getting us to 

 8    this point.  Most certainly, I know we have more 

 9    work to do, and so I will be voting aye on this 

10    bill.

11                 Thank you.

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Webb to be recorded in the affirmative.

14                 Senator Cleare to explain her vote.

15                 SENATOR CLEARE:   Thank you, 

16    Mr. President.  

17                 I rise in support of this bill, and 

18    with a particular feeling for fair pay for home 

19    care.  I want to thank Senator May for her years 

20    of work on this.  I want to thank the leader.  

21                 This is not what I wanted it to end 

22    up as.  I wanted much, much more.  And God knows 

23    our workers and our nursing homes deserve so much 

24    more.  They are caring for the most vulnerable in 

25    our community, the most fragile.  They do give 


                                                               2989

 1    their heart and their soul to their work every 

 2    single day.

 3                 I have workers in my district who go 

 4    to care for other families and are not even 

 5    making enough to take care of their own.

 6                 We have much, much more to do.  But 

 7    it's been a long time since much has been done, 

 8    and I'm thankful for the progress that we've made 

 9    in this budget.  I thank my colleagues.  Again, I 

10    thank the leader.  

11                 As chair of the Aging Committee, 

12    this is of particular concern to me.  And it's 

13    not just a matter of healthcare now, it's 

14    healthcare in the future.  We cannot recruit 

15    people to work these jobs when they cannot 

16    support their own families.  So we have to make 

17    it possible for them to be able to take care of 

18    their own families, who they leave every day to 

19    come and take care of others.  

20                 I will be voting aye.  Thank you.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Cleare to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 717, those Senators voting in the 


                                                               2990

 1    negative are Senators Ashby, Borrello, 

 2    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 3    Lanza, Martins, Mattera, Murray, Oberacker, 

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

 5    Tedisco, Walczyk, Weber and Weik.

 6                 Ayes, 41.  Nays, 21.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.  

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Mr. President, 

11    can we now move on to Calendar 718, Senate Bill 

12    4009C.

13                 ACTING PRESIDENT BAILEY:   The 

14    Secretary will ring the bell.

15                 The Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    718, Senate Print 4009C, Budget Bill, an act to 

18    amend the Tax Law.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Lanza, why do you rise?

21                 SENATOR LANZA:   Mr. President, I 

22    believe there's an amendment at the desk.  I 

23    waive the reading of that amendment and ask that 

24    you recognize Senator Weik.

25                 ACTING PRESIDENT BAILEY:   Thank 


                                                               2991

 1    you, Senator Lanza.  

 2                 Upon review of the amendment, in 

 3    accordance with Rule 6, Section 4B, I rule it 

 4    nongermane and out of order at this time.

 5                 SENATOR LANZA:   Accordingly, 

 6    Mr. President, I appeal the ruling of this chair 

 7    and ask that you recognize Senator Weik to be 

 8    heard on the appeal.

 9                 ACTING PRESIDENT BAILEY:   The 

10    appeal has been made and recognized, and 

11    Senator Weik may be heard.

12                 SENATOR WEIK:   Mr. President, I 

13    rise to appeal the ruling of the chair.  

14                 The proposed amendment is germane to 

15    the bill at hand because the bill at hand enacts 

16    into law major components of legislation 

17    primarily addressing tax revenue and credit that 

18    are necessary to implement in the state fiscal 

19    plan for the 2023-2024 state fiscal year, while 

20    the amendment addresses expanding the 

21    Empire State child credit.

22                 In fact, the bill at hand includes 

23    language enacting a new childcare creation, an 

24    expansion tax credit program to allow eligible 

25    businesses to receive tax credit for creating and 


                                                               2992

 1    expanding childcare seats for the children of 

 2    their employees.  

 3                 We applaud the inclusion of this 

 4    provision and believe that both expanding the 

 5    supply of care but also providing parents with 

 6    greater support will make New York a better, more 

 7    affordable place to raise a family.  There really 

 8    cannot be any more germane piece of legislation.  

 9                 The amendment would recouple the 

10    Empire State child tax credit to the federal law 

11    and expand eligibility to include children under 

12    the age of 4.  These changes would provide an 

13    additional 500 million in support, while finally 

14    helping families with infants, toddlers and young 

15    children.

16                 The average cost of childcare in 

17    New York is over 12,000 annually, and this is 

18    only one expense of families who continue to face 

19    high food, clothing, and housing costs.  These 

20    costs add up for families.  A 2022 analysis found 

21    that due to higher inflation, a middle-income 

22    married family with two children will now spend 

23    $26,011 more to raise a child to the age of 17 

24    than what it was originally estimated to cost in 

25    2017.


                                                               2993

 1                 This legislation seeks to address 

 2    this changing financial environment by providing 

 3    additional support to families and expanding 

 4    access to such support.

 5                 For these reasons, Mr. President, I 

 6    strongly urge you to reconsider your ruling.

 7                 ACTING PRESIDENT BAILEY:   Thank 

 8    you, Senator Weik.

 9                 I want to remind the house that the 

10    vote is on the procedures of the house and the 

11    ruling of the chair.  

12                 Those in favor of overruling the 

13    chair, signify by saying aye.

14                 (Response of "Aye.")

15                 SENATOR LANZA:   Request a show of 

16    hands.

17                 ACTING PRESIDENT BAILEY:   A show of 

18    hands has been requested and so ordered.

19                 Announce the results.

20                 THE SECRETARY:   Ayes, 21.

21                 ACTING PRESIDENT BAILEY:   The 

22    ruling of the chair stands, and the bill-in-chief 

23    is before the house.

24                 The Secretary will read.

25                 THE SECRETARY:   Section 3.  This 


                                                               2994

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 Wait, wait, wait.

 5                 Senator Helming.

 6                 SENATOR HELMING:   Thank you, 

 7    Mr. President.  If the sponsor will yield for a 

 8    question.

 9                 ACTING PRESIDENT BAILEY:   Will the 

10    sponsor yield?  

11                 SENATOR KRUEGER:   Yes, I will.

12                 ACTING PRESIDENT BAILEY:   Senator 

13    Helming, may we ask the topic so we can have the 

14    proper individual to respond to you?

15                 SENATOR HELMING:   Yes, 

16    Mr. President.  And I believe that information 

17    was provided previously, but it's Part K.

18                 ACTING PRESIDENT BAILEY:   Thank 

19    you, Senator Helming, for answering the question.

20                 SENATOR HELMING:   Through you, 

21    Mr. President, if the sponsor will yield for a 

22    question.

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield?

25                 SENATOR KRUEGER:   Yes, I will.


                                                               2995

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR HELMING:   Probably like so 

 4    many of you in this chamber, I've received a 

 5    number of calls and the staff of my office 

 6    continues to hear from seniors who are living on 

 7    fixed incomes.  They've been severely impacted by 

 8    the record inflation.  Trying to live on a fixed 

 9    income as prices in every area continue to 

10    increase just is becoming tremendous.  Reducing 

11    their tax burden is an important tool to ensure 

12    that they can weather the ongoing economic 

13    uncertainty.

14                 This part specifies that IRA 

15    distributions as well as non-reimbursed medical 

16    expenses may be excluded from the individual's 

17    gross income.  And while I'm relieved to see tax 

18    relief for seniors prioritized, I'm concerned 

19    that the scope of this relief is -- it's too 

20    narrow.  It needs to be broadened.  

21                 Senator Krueger, were distributions 

22    from 401(k)s or 403(b)s considered as well?

23                 SENATOR KRUEGER:   They were not 

24    specifically discussed or included in the 

25    language, no.


                                                               2996

 1                 SENATOR HELMING:   Thank you.

 2                 Through you, Madam President, if the 

 3    sponsor will continue to yield for a question.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR HELMING:   Senator Krueger, 

10    what's justification for including some 

11    retirement distributions while excluding these 

12    others?  

13                 SENATOR KRUEGER:   (Conferring.)  So 

14    in fairness, Madam President, I suppose there 

15    could be sort of an endless list of what items 

16    might be included or excluded from income for 

17    different housing exemption programs or housing 

18    assistance programs.

19                 So the attempt here with this 

20    section was actually to both clarify and add 

21    consistency across a number of different programs 

22    that people might be eligible for, whether 

23    they're seniors or disabled, whether they're 

24    renters or they're owners.

25                 So there was an attempt to sort of 


                                                               2997

 1    make all of these programs consistent, and also 

 2    recognizing that a number of the changes would in 

 3    fact increase the costs to the locality because 

 4    these programs all have in common that they are 

 5    exemptions from property taxes.  We also put in 

 6    that it's at local option.

 7                 So I don't necessarily disagree with 

 8    my colleague that there's lots and lots of other 

 9    types of income that might or might not be 

10    considered for exemption.  But I do think that 

11    absolutely this section is a significant 

12    improvement in the options available to 

13    localities to expand the deductions from 

14    property tax costs for elderly and disabled 

15    people, whether they are owners or renters.

16                 SENATOR HELMING:   Thank you, 

17    Senator Krueger.

18                 Madam President, if the sponsor will 

19    continue to yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR HELMING:   Thank you.  


                                                               2998

 1                 So one of the challenges, when you 

 2    only -- when you literally have just hours to go 

 3    through thousands and thousands and thousands of 

 4    pages of budget documents, it's not only 

 5    reviewing what's included in those documents but, 

 6    as someone said earlier, one of my colleagues, 

 7    it's -- the challenge is trying to figure out 

 8    what is missing.  

 9                 So this next question I can't 

10    reference a part because I couldn't find anything 

11    on it.  Housing's been a topic that's dominated 

12    the budget discussions since January.  And we've 

13    heard several people talk about how budgets are 

14    all about priorities.  Can you tell me if in the 

15    bill before us there are any new or expanded 

16    provisions to help first-time homebuyers secure 

17    tax relief?

18                 SENATOR KRUEGER:   Through you, 

19    Madam President, no, there are no new tax breaks 

20    for homebuyers, first time or otherwise.

21                 SENATOR HELMING:   Thank you, 

22    Senator Krueger.

23                 Thank you, Madam President.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you.


                                                               2999

 1                 Senator Murray.

 2                 SENATOR MURRAY:   Thank you, 

 3    Madam President.  Would the sponsor yield for a 

 4    few questions?  

 5                 ACTING PRESIDENT PERSAUD:   Will the 

 6    sponsor yield?

 7                 SENATOR KRUEGER:   Certainly.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.  

10                 SENATOR MURRAY:   We'll start with 

11    Part I and then go to Part GG and then Part B, if 

12    that's okay.

13                 SENATOR KRUEGER:   I'll give it a 

14    shot.  If it's not, we will find someone else.

15                 SENATOR MURRAY:   So let's start 

16    with Part I first.  Madam President, if the 

17    sponsor would yield. 

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR KRUEGER:  Absolutely.

21                 SENATOR MURRAY:   So Part I, 

22    subpart A, we're talking about the corporate 

23    taxes.  And every domestic corporation 

24    incorporated in New York pays this tax.  But this 

25    particular section is an extension of what was 


                                                               3000

 1    considered to be a temporary tax, I believe, but 

 2    we are now going to extend that.  

 3                 Can you explain the difference 

 4    between this, the higher rate, and the regular 

 5    corporate tax?

 6                 SENATOR KRUEGER:   So it is an 

 7    extender of the highest rate that we 

 8    implemented -- I think it was three years ago.  

 9    And at the time we were encouraged to define it 

10    by the corporations that would be impacted as an 

11    extension of but not necessarily permanent.  

12                 But the decision was made that we 

13    needed the revenue and that it was a reasonable 

14    level.  And I actually don't think -- I have to 

15    be careful -- that anyone who is paying the tax 

16    showed up to complain about it.

17                 SENATOR MURRAY:   Madam President, 

18    if the sponsor would continue to yield.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR MURRAY:   Thank you.  

25                 It's kind of a two-part here.  You 


                                                               3001

 1    had mentioned it is temporary in the revenue that 

 2    was raised.  First, do we have an estimation on 

 3    how much is raised through this higher tax rate?  

 4    And where does that revenue go?

 5                 SENATOR KRUEGER:   Sorry, I need my 

 6    glasses for the small print.  

 7                 So for fiscal year '23-'24, that's 

 8    the last year of the actual extender now.  So we 

 9    are continuing the extension.  So it's going to 

10    be -- sorry -- 810 million in fiscal year 

11    '24-'25, and then it goes up to 1.17 the 

12    following year, '25-'26.  And then for some 

13    reason that I can't explain right now, it goes 

14    down to 880 million again in fiscal year '26-'27.

15                 SENATOR MURRAY:   Madam President, 

16    if the sponsor would continue to yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.  

22                 SENATOR MURRAY:   And that money, 

23    does that go to the General Fund?  That doesn't 

24    go to the MTA, correct?

25                 SENATOR KRUEGER:   It goes to the 


                                                               3002

 1    General Fund, correct.

 2                 SENATOR MURRAY:   Okay.  If the 

 3    sponsor would continue to yield.  

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR MURRAY:   So that brings me 

10    down to Part GG.  Because it's basically a tax on 

11    the tax we just discussed, which is the corporate 

12    tax, the 9-A tax.  This is the 9-A surcharge.  

13    And this money does in fact go to the MTA.

14                 Now, this is a, as I said, business 

15    tax surcharge that if I'm not mistaken sets the 

16    base tax at 30 percent but gives the option to 

17    raise that to the commissioner.

18                 Is there a ceiling on how much the 

19    commissioner can raise that tax?

20                 SENATOR KRUEGER:   (Conferring.) 

21    Okay, I'm going to give it a shot.  It's a little 

22    confusing.

23                 So this is a 30 percent surcharge on 

24    corporate tax within the MTA region.  There is 

25    not a cap per se on the rate on any particular 


                                                               3003

 1    company, but there is a maximum amount of money 

 2    that this tax can raise.  

 3                 Am I saying that right, Gabe?  One 

 4    second, I made a mistake.  (Conferring.)  

 5                 So the goal is to reach a particular 

 6    dollar amount raised.  And the commissioner -- 

 7    this is rare -- so the commissioner actually gets 

 8    to set what that rate will be in order to hit 

 9    that target.  

10                 So there's not a specific cap on the 

11    rate.  There's a cap on how much money can be 

12    raised using this tax.  And the commissioner has 

13    the flexibility to adjust that rate to hit that 

14    target.

15                 SENATOR MURRAY:   Madam President, 

16    if the sponsor would continue to yield.  

17                 SENATOR KRUEGER:   I'm sorry, and 

18    that money is specifically to help with the MTA 

19    fill-the-hole assignment.

20                 SENATOR MURRAY:   Would the sponsor 

21    continue to yield.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR KRUEGER:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3004

 1    sponsor yields.

 2                 SENATOR MURRAY:   And what is that 

 3    cap amount?  What is that amount that we're 

 4    sending to the MTA with this particular tax?

 5                 SENATOR KRUEGER:   We need another 

 6    person.  (Pause; conferring.) 

 7                 SENATOR KRUEGER:   I'll do my best.

 8                 So this tax has been being 

 9    collected, and it's been about a billion dollars 

10    a year to the MTA.  Now we are changing, through 

11    statute, how the calculations will be made by the 

12    commissioner, with the goal still being to raise 

13    approximately 1 billion a year?  (Conferring.)  

14                 So historically it has been set by 

15    the commissioner and we've been getting 

16    approximately a billion a year, but we are 

17    changing the statute so now it will actually be a 

18    rate of 30 percent, which should bring in the 

19    billion dollars.  So we're changing the formula 

20    of how we get to the billion, but not actually 

21    changing the amount at this point.

22                 If that helps you, that's great, 

23    because I'm not sure that I understand what that 

24    all means.

25                 (Laughter.)


                                                               3005

 1                 SENATOR MURRAY:   If the sponsor 

 2    would continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   Will the 

 4    sponsor yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR MURRAY:   So I think we're 

 9    there.  I get the premise of a billion is the 

10    target amount.  And this still gives the 

11    commissioner some flexibility in future years.  

12    So this is --

13                 SENATOR KRUEGER:   It takes the 

14    commissioner's flexibility away, actually.  It's 

15    just set at 30.

16                 SENATOR MURRAY:   I thought the base 

17    was the 30 percent on this.  I thought it still 

18    gave the commissioner flexibility if the amount 

19    did not hit a billion.  But either way, we're 

20    targeting a billion dollars, I think is our goal.

21                 So, Senator, now is when I'll flip 

22    over to Part B now, because we're going to stick 

23    with the theme of MTA money.

24                 So in Part B it's clarification of 

25    the treatment of limited partners, but we're 


                                                               3006

 1    talking about the self-employed being hit with 

 2    the MTA payroll tax.  If I'm not mistaken -- and 

 3    correct me if I'm wrong -- under the current 

 4    system self-employed in the MTA region will pay 

 5    the MTA payroll tax if they make 50,000 or more.  

 6    I believe that is the -- is that correct?

 7                 SENATOR KRUEGER:   Correct.  We're 

 8    not changing that, yup.

 9                 SENATOR MURRAY:   Madam President, 

10    if the sponsor would continue to yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR MURRAY:   So that was the 

17    question.  So what are we changing in Part B here 

18    as far as the self-employed?

19                 SENATOR KRUEGER:   (Conferring.) 

20    Okay.  All right.  So if you're just a 

21    self-employed person, you're not a partner or a 

22    limited partner in a company, this doesn't affect 

23    you at all.

24                 If you are a partner in a -- and 

25    defined as self-employed, then the PMT has been 


                                                               3007

 1    affecting you and will also continue to affect 

 2    you if we're talking about within New York City.  

 3    Right?  

 4                 But there are people who have also 

 5    defined themselves as limited partners, and 

 6    they've been exempt from the PMT up till now.  

 7    But if in fact they are defining themselves as 

 8    limited partners but they're actually managing 

 9    and so they're functioning in a partner role, 

10    then they won't be exempt.

11                 I actually get that one, but it took 

12    me a little while to figure it out.

13                 SENATOR MURRAY:   Through you, 

14    Madam President, if the sponsor would continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR MURRAY:   And what's the 

22    amount that we expect to raise from that change?  

23                 SENATOR KRUEGER:   Just the limited 

24    partner section?

25                 SENATOR MURRAY:   Yes.


                                                               3008

 1                 SENATOR KRUEGER:   About 

 2    $20 million.

 3                 SENATOR MURRAY:   Very good.  

 4                 Madam President, if the sponsor 

 5    would continue to yield.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR MURRAY:   And by the way, 

12    for anyone that is watching at home, as we're 

13    asking these questions about the MTA and funding 

14    for the MTA, the reason it does get confusing and 

15    it does take some time to look this up is because 

16    there are so many little fingers, so many 

17    different directions that we go to fund this 

18    authority that sometimes it does get very 

19    confusing.

20                 So during the budget process we 

21    heard different proposals about more funding for 

22    the MTA, but we also heard a proposal to 

23    eliminate the MTA payroll tax for local 

24    governments in Dutchess, Rockland, Putnam and 

25    Orange counties, I believe.  Now, is that 


                                                               3009

 1    included in this bill or this resolution?  

 2                 SENATOR KRUEGER:   It was not 

 3    included in this bill, but it was never actually 

 4    included in this bill.  It was another set of 

 5    proposals that didn't go anywhere.

 6                 SENATOR MURRAY:   Madam President, 

 7    if the sponsor would continue to yield.

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    sponsor yield?

10                 SENATOR KRUEGER:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    sponsor yields.

13                 SENATOR MURRAY:   Thank you.

14                 And currently the local governments 

15    throughout the MTA region are paying, as are 

16    hospitals, as are community colleges.  Is there 

17    anything in this bill to relieve them of the 

18    burden of paying the MTA payroll tax?  

19                 SENATOR KRUEGER:   No.

20                 SENATOR MURRAY:   No, so they'll 

21    continue as well.

22                 Believe it or not, that's all I have 

23    on this issue right now.  I will be back to 

24    explain my vote, so stay tuned.  

25                 But thank you, Senator Krueger.  I 


                                                               3010

 1    very much appreciate it.

 2                 Thank you, Madam President.  

 3                 SENATOR KRUEGER:   Thank you, 

 4    Madam President.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Walczyk.

 7                 SENATOR WALCZYK:   Through you, 

 8    Madam President, if the sponsor would continue to 

 9    yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR GIANARIS:   Madam President, 

13    I'll answer if Senator Walczyk wants to ask about 

14    the film credit.

15                 SENATOR WALCZYK:   Yeah, I do.

16                 SENATOR GIANARIS:   Yes?

17                 SENATOR WALCZYK:   Would you be so 

18    kind as to yield?  

19                 SENATOR GIANARIS:   Oh, I would love 

20    to yield, Senator Walczyk.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.  

23                 SENATOR WALCZYK:   I can -- I'll 

24    come back -- I was ready to start with Part N, 

25    wind and solar.


                                                               3011

 1                 SENATOR GIANARIS:   Is that a 

 2    Senator Krueger --

 3                 SENATOR WALCZYK:   I can start with 

 4    film, why not, since you're already standing.

 5                 SENATOR GIANARIS:   Thank you.

 6                 SENATOR WALCZYK:   Through you, 

 7    Madam President, on Part D, the film tax credit, 

 8    last year the film tax credit was 420 million.  

 9    What is this year's?  

10                 SENATOR GIANARIS:   This year it's 

11    also 420.  But I think what you're asking is what 

12    will it be next year and the year after.  That 

13    will be 700 million.

14                 SENATOR WALCZYK:   700 million.

15                 SENATOR GIANARIS:   Yes.

16                 SENATOR WALCZYK:   Thank you.  

17                 And through you, Madam President, 

18    would the sponsor continue to yield.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR GIANARIS:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   Has the sponsor 

25    seen the movie "The Impossible Monster"?


                                                               3012

 1                 SENATOR GIANARIS:   No.  Is it good?

 2                 SENATOR WALCZYK:   Well, you're not 

 3    alone.  Actually almost nobody's seen the movie 

 4    "The Impossible Monster."  It only aired four 

 5    times at film festivals, got two stars and a 

 6    4.4 on IMDB.

 7                 Through you, Madam President, would 

 8    the sponsor continue to yield.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR GIANARIS:   Sure.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.  

14                 SENATOR WALCZYK:   Does a film have 

15    to make money or be successful in order to be 

16    eligible for a tax credit in the State of 

17    New York?

18                 SENATOR GIANARIS:   No.  Because the 

19    jobs to make that film are here regardless of 

20    whether the film is successful or not.

21                 SENATOR WALCZYK:   And through you, 

22    Madam President, would the sponsor continue to 

23    yield.

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    sponsor yield?


                                                               3013

 1                 SENATOR GIANARIS:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR WALCZYK:   Have you seen the 

 5    2020 film "The Roads Not Taken"?

 6                 SENATOR GIANARIS:   No.  You know, I 

 7    fancy myself a movie watcher, but I think Senator 

 8    Walczyk is digging deep.  No, I have not seen 

 9    that one either.

10                 SENATOR WALCZYK:   Well, I hope that 

11    we're not attracting the wrong style, but it may 

12    surprise you, this got a 44 percent on 

13    Rotten Tomatoes.  

14                 And actually I asked the last 

15    question because they received $116,000 

16    compliments of the State of New York in film tax 

17    credit, and at the box office "The Roads Not 

18    Taken" made $105,000.  That's less money than the 

19    actual tax break -- or credit; not break, 

20    credit -- that we gave that production.

21                 Through you, Madam President.  Would 

22    the sponsor continue to yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield?

25                 SENATOR GIANARIS:   Yes.  I'm 


                                                               3014

 1    wondering what movie I'm going to be asked about 

 2    next.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR WALCZYK:   I'm not going to 

 6    ask about a movie this time.  And I appreciate 

 7    you wanting to yield nonetheless.  

 8                 This is actually about a new section 

 9    in what is now a 700 million portion of our 

10    budget called the "eligible relocated television 

11    series" section.  I wonder if you could enlighten 

12    us, who is this section written for?  

13                 SENATOR GIANARIS:   (Conferring.) 

14    I'm not familiar that it's designed for any 

15    specific production.  But like the rest of the 

16    credit, it's designed to lure major productions 

17    to New York or back to New York.

18                 SENATOR WALCZYK:   Through you, 

19    Madam President, would the sponsor continue to 

20    yield.

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR GIANARIS:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               3015

 1                 SENATOR WALCZYK:   So I'm reading -- 

 2    and help me out with this, because I've seen the 

 3    language for the first time today:  "'Eligible 

 4    relocated television series' shall mean the first 

 5    two years of a regularly occurring production 

 6    intended to run in its initial broadcast, 

 7    regardless of the medium or mode of its 

 8    distribution, in a series of narrative and/or 

 9    thematically related episodes, each of which has 

10    a running time of at least 30 minutes in 

11    length' -- which is inclusive of television 

12    commercials -- which had filmed a minimum of six 

13    episodes of the television series outside of the 

14    state immediately prior to relocating into the 

15    state, where the television series had a total 

16    minimum budget of at least $1 million per 

17    episode.  For the purposes of this definition 

18    only, a television series produced by and for the 

19    media services providers described as streaming 

20    services and/or digital platforms."

21                 Through you, Madam President.  You 

22    mean to tell me that isn't written for one -- if 

23    you could enlighten us, who's eligible for 

24    something that's that specifically written?  

25                 SENATOR GIANARIS:   I believe that 


                                                               3016

 1    that language is intended to apply to shows that, 

 2    unlike the ones you apparently just referenced, 

 3    are successful.  In other words, they are of a 

 4    certain size, they have been running for a 

 5    certain amount of time, and so we can have some 

 6    confidence that they will be ongoing productions.  

 7                 So in a sense it's designed, to 

 8    answer your previous questions about less 

 9    successful versus more successful productions, 

10    the idea of this language is to lure more 

11    successful productions to New York so that they 

12    would be ongoing.  Especially for TV shows, which 

13    carry on for years if they work.

14                 SENATOR WALCZYK:   And through you, 

15    Madam President, would the sponsor continue to 

16    yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR GIANARIS:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR WALCZYK:   Those or that 

23    specific show that it looks like we're trying to 

24    recruit and have written a deal for them right 

25    here in this budget bill, would they be eligible 


                                                               3017

 1    for the full tax credit?  How much would they be 

 2    eligible for in this specific instance?

 3                 SENATOR GIANARIS:   It's the same 

 4    30 percent credit that everyone else would be 

 5    eligible for.  The eligible costs would include 

 6    their costs of relocation to New York.  

 7                 SENATOR WALCZYK:   And through you, 

 8    Madam President, would the sponsor continue to 

 9    yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR GIANARIS:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR WALCZYK:   Would those 

16    relocation costs be included in their 30 percent 

17    limit, or would they be added onto the 

18    30 percent?

19                 SENATOR GIANARIS:   It would be 

20    included in the costs that were eligible for the 

21    30 percent credit.

22                 SENATOR WALCZYK:   And through you, 

23    Madam President, if the sponsor would be willing 

24    to yield -- and maybe this is your portion as 

25    well -- on Part I, subpart E, having to do with 


                                                               3018

 1    Broadway and perhaps, I'll find out, off-Broadway 

 2    productions.  

 3                 SENATOR GIANARIS:   Senator Krueger 

 4    will handle that.

 5                 SENATOR WALCZYK:  Thanks for your 

 6    time.

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   I have Broadway 

10    in my district, so I got that assignment.

11                 ACTING PRESIDENT PERSAUD:   The 

12    sponsor yields.

13                 SENATOR KRUEGER:   Yes, I do.

14                 SENATOR WALCZYK:   Chairwoman, I 

15    don't plan to make you sing for us this evening, 

16    I promise.

17                 Through you, Madam President, if the 

18    sponsor would yield.

19                 SENATOR KRUEGER:   Yes, I will, 

20    Madam President.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR WALCZYK:   So last year it 

24    was a $200 million tax credit for Broadway 

25    productions.  What is this year's?  


                                                               3019

 1                 SENATOR KRUEGER:   Two hundred 

 2    million.  (Conferring.)

 3                 So it was 200 million in the year 

 4    that just ended.  It will be 200 million for this 

 5    coming -- this year that we're a month into.  And 

 6    then -- no?  (Conferring.)

 7                 I'm hoping I get this right now.  So 

 8    it was originally for 200 million for two years.  

 9    I'm getting yes and no.  (Conferring.)  

10                 Okay, I'm hoping I have this right.  

11    The original program was for 200 million starting 

12    in 2021.  And we've spent most of the 200 

13    million, and we're adding a hundred million over 

14    this year and next year, for both years together.

15                 So it's actually less money on an 

16    annual basis than we had put in earlier.  I 

17    believe I'm right.

18                 SENATOR WALCZYK:   Through you, 

19    Madam President, would the sponsor continue to 

20    yield.

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR KRUEGER:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               3020

 1                 SENATOR WALCZYK:   Not to belabor 

 2    what seemed like a pretty simple question.  Last 

 3    year was 200 million.  Is this year 300 million?

 4                 SENATOR KRUEGER:   Well, so if you 

 5    add up the years that we've put authorization in, 

 6    it will total 300 million over that -- over all 

 7    those years.

 8                 SENATOR WALCZYK:   Through you, 

 9    Madam President, would the sponsor continue to 

10    yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 The sponsor yields.  

14                 SENATOR WALCZYK:   I also noticed 

15    sort of like the film tax credit, there were some 

16    nuanced changes in the way that we're directing 

17    this money to be spent.  There's some changes 

18    here, it looks like we're expanding from not just 

19    specifically Broadway productions but -- can you 

20    explain what the difference is and what a Level 1 

21    and Level 2 production facility is, for those of 

22    us who might not know?  

23                 SENATOR KRUEGER:   (Conferring.)  So 

24    Level 1, Broadway theaters.  One, there's a group 

25    of theaters that are legally defined as the 


                                                               3021

 1    Broadway theaters.  And they're for-profit 

 2    theaters; I think there are 43 or 44 of them.  

 3    And the original rules were that they could be 

 4    eligible for the tax exemptions if they were at 

 5    least a 500-seat theater and spent I believe at 

 6    least $2 million on the production.

 7                 The Level 2, which is the new being 

 8    added this year, includes off-Broadway theaters, 

 9    which also have to be for-profit.  Because if 

10    you're a nonprofit, you don't have taxes to take 

11    deductions on.  So the Level 2 are off-Broadway 

12    theaters, at least a hundred seats to be 

13    eligible, and at least $750,000 spent on the 

14    production to be eligible.

15                 SENATOR WALCZYK:   And through you, 

16    Madam President, would the sponsor continue to 

17    yield.

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR WALCZYK:   Do they have to 

22    be successful?

23                 SENATOR KRUEGER:   No.  No, you can 

24    be a really bad show.  "The Producers" was 

25    designed to actually fail completely, but that 


                                                               3022

 1    actually was a pretty good show.

 2                 SENATOR WALCZYK:   "The Producers" 

 3    was great.

 4                 On the bill, Madam President.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Walczyk on the bill.

 7                 SENATOR WALCZYK:   Oh, I'm sorry, I 

 8    still had -- can I go back to Part N?

 9                 SENATOR KRUEGER:   Go back to what, 

10    I'm sorry?

11                 SENATOR WALCZYK:   Part N, where I 

12    wanted to start, on wind and solar valuation.

13                 SENATOR KRUEGER:   Okay, I'll give 

14    it a shot.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR WALCZYK:   So through you, 

18    Madam President, you're accepting the Governor's 

19    proposal to skirt the State Administrative 

20    Procedures Act to assess wind and solar projects 

21    in this budget bill, is that correct?  

22                 SENATOR KRUEGER:   It was never the 

23    intention of the state that this kind of project 

24    would have to go through SAPA, but then the state 

25    got sued.  Hence the necessity of changing the 


                                                               3023

 1    statute so that we don't have to be sued again.

 2                 SENATOR WALCZYK:   Through you, 

 3    Madam President, would the sponsor continue to 

 4    yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 SENATOR WALCZYK:   The sponsor 

 9    yields.

10                 SENATOR WALCZYK:   Some might say 

11    sued with good reason.  The State Administrative 

12    Procedures Act requires that there be public 

13    input, public comments, public hearings on things 

14    like this.

15                 Since we're going around the State 

16    Administrative Procedures Act in this instance, 

17    will this bill or any language that we're putting 

18    forward in it require that there be public 

19    comment, public hearings, public information 

20    about wind and solar projects?  

21                 SENATOR KRUEGER:   So this isn't 

22    actually about any specific project or the 

23    approval of it.  This is about coming up with a 

24    mechanism to do tax appraisals.  

25                 So there is a different set of 


                                                               3024

 1    statutes in state law where -- and even a special 

 2    office at this point -- and I forgot the name of 

 3    it, but we had them testify at the budget 

 4    hearings -- where the office actually does have 

 5    to go through a separate process for approving 

 6    projects.

 7                 SENATOR WALCZYK:   Through you, 

 8    Madam President, would the sponsor continue to 

 9    yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR WALCZYK:   The Office of 

16    Renewable Energy Siting.

17                 SENATOR KRUEGER:   That's the one.  

18    Thank you very much.

19                 SENATOR WALCZYK:   What will the 

20    role of the local assessor be here?

21                 SENATOR KRUEGER:   (Conferring.)  So 

22    the -- under this rule, the state would come up 

23    with a methodology for how the assessor does the 

24    appraising, but then the local assessor still 

25    will do the appraising.  


                                                               3025

 1                 And apparently the state has a 

 2    number of other programs with the same model 

 3    where the state has the methodology laid out, and 

 4    then the local assessor uses that methodology to 

 5    come up with the numbers for the locality.

 6                 SENATOR WALCZYK:   Through you, 

 7    Madam President, would the sponsor continue to 

 8    yield.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR KRUEGER:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR WALCZYK:   But those rules 

15    will be written by the Department of Tax and 

16    Finance, is that correct?  

17                 SENATOR KRUEGER:   Jointly between 

18    NYSERDA and Tax and Finance.

19                 SENATOR WALCZYK:   Wonderful.  

20                 And through you, Madam President, 

21    would the sponsor continue to yield.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR KRUEGER:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3026

 1    sponsor yields.

 2                 SENATOR WALCZYK:   So I bring this 

 3    up because many renewable energy projects are 

 4    being sited across New York State, as we all 

 5    know.  There's been areas that have made great 

 6    progress in siting many of these things.  They 

 7    enjoy a good relationship with their local 

 8    governments because of the system that we have 

 9    currently.  

10                 One of my colleagues represents 

11    Schoharie County, has been very vocal about this.  

12                 I represent Lewis County, which just 

13    in four towns alone -- in Denmark, Martinsburg, 

14    Lowville and Harrisburg -- has 277 windmills.  We 

15    have solar farms in Denmark, in Turin, in 

16    Martinsburg, in Pinckney and in Lowville, just in 

17    Lewis County alone.  And these projects have 

18    payments in lieu of taxes currently.

19                 Your proposal changes that 

20    relationship between the developer and the local 

21    government.  Developers will look to take a tax 

22    break that's assessed by NYSERDA, who is very 

23    motivated to get these projects in the ground, 

24    and the Department of Tax and Finance, which 

25    works directly for the Governor.  There's nobody 


                                                               3027

 1    elected to the Department of Tax and Finance.  

 2    And there's no local control in the Department of 

 3    Tax and Finance.

 4                 So my question is, when the tax bill 

 5    is due in our school districts, in our fire 

 6    districts, in our local governments for these 

 7    communities, who have had longstanding PILOT 

 8    agreements for wind and solar projects, who's 

 9    going to make them whole when the developer 

10    decides it's a lot easier to go with the 

11    Department of Tax and Finance and with NYSERDA's 

12    numbers than it is with the local assessor?

13                 SENATOR KRUEGER:   (Conferring.)  So 

14    I don't think that this would apply retroactively 

15    to existing projects, who already have their 

16    structures in place, although I suppose PILOTs 

17    could have time limits on them but then have to 

18    start again or negotiate something else.

19                 But this is really intended to have 

20    a standardized methodology so that as these 

21    projects continue to move forward, everybody 

22    knows what sort of the rules of the road are for 

23    the assessments.  Because you're using examples 

24    of successful agreements are where towns have 

25    said yes and developers have moved in with their 


                                                               3028

 1    projects, and people like the deal.

 2                 We also hear about many areas where 

 3    people are not happy with the arrangements that 

 4    have been made and are very unhappy and question 

 5    whether people at the local level perhaps were 

 6    taking even bribes from some of the developers 

 7    for projects.  

 8                 So I think the goal here is to have 

 9    a consistent methodology that anybody can come in 

10    and take a look at and understand how did the 

11    taxes get calculated on this project and is it 

12    consistent from place to place.

13                 SENATOR WALCZYK:   Madam President, 

14    on the bill.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Walczyk on the bill.

17                 SENATOR WALCZYK:   Thank you.  

18                 And I wish you were right about this 

19    not affecting current projects.  That is not what 

20    I read in the budget, but I do hope that you're 

21    right.

22                 This bill is par for the course:  

23    $700 million for Hollywood, $300 million for 

24    Broadway.  That's a billion dollars for Broadway 

25    and for Hollywood.  And at the same time 


                                                               3029

 1    stripping local control and hurting school 

 2    districts, fire districts, libraries in upstate 

 3    New York.  

 4                 It's shameful, and I will vote no.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Canzoneri-Fitzpatrick.

 7                 SENATOR CANZONERI-FITZPATRICK:  

 8    Thank you, Madam Senator -- Madam President, 

 9    excuse me.  

10                 I have some questions on Part X, 

11    which relates to the Belmont project.  I was 

12    wondering if the sponsor would yield for a few 

13    questions.

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR ADDABBO:   You got me.  Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR CANZONERI-FITZPATRICK:  

20    Thank you.  

21                 I would like to know what has been 

22    proposed today, how does that differ from the 

23    Executive proposal from the Governor?

24                 SENATOR ADDABBO:   It actually gives 

25    more accountability.  When the Governor actually 


                                                               3030

 1    initiated her I guess initial proposal, what we 

 2    did was in the final budget, in the final 

 3    language, more accountability as far as the loan 

 4    payment, as far as what's, again, the benefits of 

 5    the actual project.  

 6                 And again, I think the 

 7    accountability part as far as the repayment is 

 8    probably key.

 9                 SENATOR CANZONERI-FITZPATRICK:  

10    Madam President, will the sponsor --

11                 SENATOR ADDABBO:   If I may add -- 

12                 SENATOR CANZONERI-FITZPATRICK:   Oh, 

13    sure.

14                 SENATOR ADDABBO:   A key component.  

15    It was part of the accountability, it's part of 

16    the job creation here.  

17                 But the MWBE component, 

18    Madam President, the MWBE component, the veterans 

19    component and the project labor agreement -- all 

20    included post-the Governor's Executive Budget.

21                 SENATOR CANZONERI-FITZPATRICK: 

22    Madam President, will the sponsor continue to 

23    yield.

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    sponsor yield?


                                                               3031

 1                 SENATOR ADDABBO:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR CANZONERI-FITZPATRICK:   

 5    Thank you.

 6                 Concerning the financing 

 7    arrangement, what will the structure be for NYRA 

 8    to pay back the $455 million in capital to the 

 9    state?  Specifically, what's the timing, the 

10    length of time of the total repayment?  Are we 

11    paying interest only, principal and interest?  

12    You know, how is this structured?

13                 SENATOR ADDABBO:   The $455 million 

14    loan, it is a 20-year payment at 1.8 percent 

15    fixed rate.

16                 SENATOR CANZONERI-FITZPATRICK: 

17    Madam President, will the sponsor continue to 

18    yield.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR CANZONERI-FITZPATRICK:   So 

22    my understanding is that the franchise agreement 

23    between NYRA and New York expires in 10 years, in 

24    2033.  Yet I believe you just said that we're 

25    going to have payments over 20 years.  So how do 


                                                               3032

 1    we, you know, reconcile those two differences?

 2                 SENATOR ADDABBO:   The actual 

 3    language for the loan repayment is for the 

 4    corporation, not for NYRA.  So it's actually, 

 5    again, for the corporation, not for NYRA.  So the 

 6    term of the NYRA doesn't matter at this point.

 7                 SENATOR CANZONERI-FITZPATRICK: 

 8    Madam President, will the sponsor continue to 

 9    yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR ADDABBO:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR CANZONERI-FITZPATRICK:  

16    Thank you.  

17                 To follow up on that question, I'm 

18    not sure how I understand it -- that it's 

19    possible that the franchise agreement could 

20    expire but we'd still be paying debt, is that 

21    correct?

22                 SENATOR ADDABBO:   Should NYRA go 

23    out of business, the next franchisee would take 

24    over that loan agreement.

25                 SENATOR CANZONERI-FITZPATRICK: 


                                                               3033

 1    Madam President, will the sponsor continue to 

 2    yield.

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR ADDABBO:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR CANZONERI-FITZPATRICK:   How 

 9    long is it expected that the Belmont Park 

10    renovation will take place?  

11                 SENATOR ADDABBO:   Three years.  

12    Through you, Madam President, three years.

13                 SENATOR CANZONERI-FITZPATRICK:   And 

14    through you, Madam President, will the sponsor 

15    continue to yield.  

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR ADDABBO:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR CANZONERI-FITZPATRICK:   And 

22    during that -- the planning stages prior to the 

23    initiation of the project, what kind of community 

24    involvement will there be related to road 

25    closures, disruption of the area?  


                                                               3034

 1                 I've spoken to school districts as 

 2    well as local mayors, and I'm just trying to 

 3    ensure that their input will be considered in the 

 4    planning of this project.

 5                 SENATOR ADDABBO:   Through you, 

 6    Madam President, the Franchise Oversight Board 

 7    will oversee all that.  And I'm going to, again, 

 8    assume that it's going to be post-budget.  

 9    Obviously there's a loan agreement, so it will be 

10    post-budget.  But the Franchise Oversight Board 

11    will be overseeing that.

12                 SENATOR CANZONERI-FITZPATRICK: 

13    Through you, Madam President, will the sponsor 

14    continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    sponsor yield?

17                 SENATOR ADDABBO:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR CANZONERI-FITZPATRICK:   I'd 

21    like to ask -- shift a few questions to the 

22    Aqueduct Redevelopment Community Advisory Board.  

23    And I'd like to know what kind of powers are they 

24    going to have once the Belmont project is up and 

25    running?  


                                                               3035

 1                 SENATOR ADDABBO:   As you know, 

 2    Senator -- through you, Madam President.  As you 

 3    know, Senator, local input is very important.  We 

 4    did it with the downstate licenses new to this 

 5    year, which was different from the 2013 

 6    incarnation.  

 7                 So the bottom line is now we have 

 8    local input with regards to the future fate of 

 9    the Aqueduct property, through this advisory 

10    council.  That does include the local community 

11    board and it does include public hearings.

12                 SENATOR CANZONERI-FITZPATRICK:   

13    Okay.  Thank you very much.

14                 ACTING PRESIDENT PERSAUD:   Thank 

15    you.

16                 Are there any other Senators wishing 

17    to be heard?  

18                 Senator O'Mara.

19                 SENATOR O'MARA:   Yeah, just a 

20    couple of follow-up questions on the solar, that 

21    solar calculation.  

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR O'MARA:   Will the sponsor 

25    yield.  


                                                               3036

 1                 SENATOR KRUEGER:   Yes.  Yes, I do.  

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR O'MARA:   What is in -- so 

 5    under this change or establishing this rule on 

 6    the assessments to wind or solar farms, we're 

 7    avoiding SAPA, there's no public input in the 

 8    process.  There's a lawsuit going on right now 

 9    challenging the implementation of that.  

10                 Now, is this, what we're doing here, 

11    going to basically make that lawsuit moot?

12                 SENATOR KRUEGER:   We think that is 

13    the Governor's point, yes.

14                 SENATOR O'MARA:   Why was this rule 

15    put in place?  

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield? 

18                 SENATOR O'MARA:   Yes, will the 

19    sponsor yield.

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR O'MARA:   Why was this rule 

24    put into place in the first place without 

25    following the Administrative Procedures Act?


                                                               3037

 1                 SENATOR KRUEGER:   (Conferring.)  So 

 2    technically the state determines what goes 

 3    through SAPA and does not go through SAPA.  So 

 4    the state never intended this kind of tax 

 5    assessment assignment to go through SAPA, but 

 6    someone sued and it was determined -- I guess the 

 7    case was decided already?  No, the case hasn't 

 8    been decided, excuse me.  

 9                 That the state, thinking this is 

10    never what we intended to be the case, because we 

11    never intended to go through SAPA, so we will 

12    clarify the statute to ensure that it isn't going 

13    through SAPA.  And we will try to ensure that 

14    there is a consistent methodology used for 

15    calculating the assessment of taxes on any and 

16    all of these projects going forward.

17                 SENATOR O'MARA:   Through you, 

18    Madam President, if the sponsor will continue to 

19    yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR O'MARA:   Are the various 


                                                               3038

 1    counties, towns, villages that have PILOT 

 2    payments in place, are they going to be able to 

 3    weigh in on this ultimate rule?  Or is the rule 

 4    just going to stay the same as it is -- as it's 

 5    already been written that's being challenged in 

 6    court?  

 7                 SENATOR KRUEGER:   (Conferring.)  So 

 8    we do think that assessments get updated over 

 9    time.  And we do know that the state has a number 

10    of different methodologies that it recommends or 

11    requires for different kinds of assessments.  But 

12    we don't know whether there's some kind of 

13    standard process where Tax and Finance discusses 

14    with the county assessors models that are being 

15    used or problems with models that are being used.  

16    I don't actually know that.

17                 SENATOR O'MARA:   Through you, 

18    Madam President, if the sponsor will continue to 

19    yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR O'MARA:   In particular 


                                                               3039

 1    instances that may result from this, in 

 2    communities where PILOT -- and oftentimes 

 3    community benefit payments are factored and built 

 4    into these PILOTs, are ongoing.  If this 

 5    application of this rule results in a lower 

 6    assessment and the solar company or wind company 

 7    opts to terminate their PILOT, there's going to 

 8    be a loss of revenues to those communities.  

 9                 Is there anything in here to make 

10    those communities whole if that happens?

11                 SENATOR KRUEGER:   No, I don't 

12    believe so.

13                 SENATOR O'MARA:   Through you, 

14    Madam President, if the sponsor will continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR O'MARA:   I just want to 

22    switch subjects here quickly.  And the cigarette 

23    tax, was that your area?  

24                 SENATOR KRUEGER:   I'll wing it.

25                 SENATOR O'MARA:   Wing it?  


                                                               3040

 1                 SENATOR KRUEGER:   Yup.

 2                 SENATOR O'MARA:   The result of this 

 3    dollar increase in the pack of cigarettes is 

 4    estimated to actually reduce tax revenues coming 

 5    into the state.  I would anticipate it's also 

 6    going to not just cause more people to make trips 

 7    to Indian reservations to buy their cigarettes, 

 8    as they already do and are legal to do.  And I 

 9    know plenty of people that get together in groups 

10    and take turns driving to the reservation and 

11    bringing back a bunch of cigarettes.  

12                 But there's also a big black market 

13    for cigarette sales in New York because of the 

14    tax burden.  What is being done in this 

15    legislation to crack down on the black market of 

16    untaxed cigarettes coming into the state?

17                 SENATOR KRUEGER:   So in the next 

18    part of this bill, past the one we're discussing, 

19    there is an increased enforcement role where they 

20    can go in and -- I guess Tax and Finance can go 

21    and inspect stores to make sure that they are 

22    selling legally taxed and stamped product.

23                 So up until now, they apparently 

24    have not had the powers that they needed to go 

25    into the stores.  (Conferring.)


                                                               3041

 1                 Up until now, stores could refuse to 

 2    allow them to inspect, and then they couldn't 

 3    inspect and they couldn't do anything about it.  

 4    So this imposes fines if you refuse inspection, 

 5    making it easier for Tax and Finance to inspect 

 6    and find illegal cigarettes and do something 

 7    about them.

 8                 SENATOR O'MARA:   Thank you.  

 9    Through you, Madam President, if the Senator 

10    would yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR O'MARA:   Is that language 

17    in this bill?  Or did you say it's in a bill that 

18    we expect to get?  

19                 SENATOR KRUEGER:   No, it's in this 

20    bill but a later section.

21                 SENATOR O'MARA:   Oh, a later 

22    section of this bill, okay.

23                 SENATOR KRUEGER:   Part T, as in 

24    Tom.

25                 SENATOR O'MARA:   Okay.  I ought to 


                                                               3042

 1    be able to find that one.

 2                 Through you, Madam President, if the 

 3    Senator will continue to yield.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR O'MARA:   This bill rejects 

10    the Governor's proposal to give permanent 

11    authorization to various municipalities on their 

12    taxing levels -- sales taxes, room taxes that we 

13    have to every other year or so come back and 

14    redo.

15                 New York City already has the 

16    permanent authorization.  So what's the basis for 

17    in Legislature continuing -- and I believe it was 

18    offered up last year as well.  Why do we need to 

19    continue to go through this process every other 

20    year or so with our municipalities jumping 

21    through hoops to continue the tax levels that 

22    they have?

23                 SENATOR KRUEGER:   Apparently 

24    somebody here in the Legislature doesn't think 

25    that this authority should be given without 


                                                               3043

 1    continuing review of the accountability at the 

 2    local level.

 3                 I personally would give it to them.

 4                 SENATOR O'MARA:   Thank you.  

 5                 Through you, Madam President, if the 

 6    Senator would continue to yield.

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR O'MARA:   I would as well, 

13    Senator.  It would save a lot of us a lot of 

14    agita every year or every other year and jumping 

15    through these hoops for no reason.  Particularly 

16    when New York City doesn't have to, and they have 

17    that permanent authorization.

18                 One final question, I think, on this 

19    bill.  This does not -- we talked about some MTA 

20    taxes.  This bill, even though it's the revenue 

21    bill, does not include the increase to the 

22    payroll tax that's been talked about out there.

23                 SENATOR KRUEGER:   Correct.

24                 SENATOR O'MARA:   Do we expect to 

25    see that -- in which bill?


                                                               3044

 1                 SENATOR KRUEGER:   We believe it 

 2    will be in the TEDE bill.

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

 4    Thank you.  Thank you, Senator.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you.  

 7                 Senator Canzoneri-Fitzpatrick for a 

 8    follow-up question.

 9                 SENATOR CANZONERI-FITZPATRICK:  

10    Thank you.  I was -- through you, 

11    Madam President, would Senator Addabbo yield for 

12    one more question.

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    Senator yield?

15                 SENATOR ADDABBO:   Sure.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR CANZONERI-FITZPATRICK:   

19    Thank you.

20                 You know, it dawned on me after I 

21    sat down that I believe your answer was that NYRA 

22    will be responsible for gathering community input 

23    regarding the Belmont project, but that when we 

24    deal with the redevelopment of Aqueduct, we're 

25    budgeting for an advisory board that will have 


                                                               3045

 1    the role and task of gathering community input 

 2    regarding the Aqueduct project.

 3                 So just to be coy between two 

 4    friends, why does your district get an advisory 

 5    board but my mine doesn't?  

 6                 SENATOR ADDABBO:   I chair the 

 7    committee.

 8                 SENATOR CANZONERI-FITZPATRICK:   

 9    Pardon me?

10                 SENATOR ADDABBO:   Because I chair 

11    the committee.  

12                 (Laughter.)

13                 SENATOR CANZONERI-FITZPATRICK:  

14    Thank you.  

15                 SENATOR ADDABBO:   You'll take that?  

16    Okay.  

17                 (Laughter.)  

18                 SENATOR CANZONERI-FITZPATRICK: 

19    You're actually going to answer that?  

20                 SENATOR ADDABBO:   Madam President, 

21    through you.  Thank you.  

22                 It's a mere renovation of Belmont.  

23    So, you know, obviously that is obviously part of 

24    the loan agreement, and then obviously the 

25    disposition of the property at Aqueduct.


                                                               3046

 1                 Is that good?

 2                 SENATOR CANZONERI-FITZPATRICK:   I'm 

 3    sorry, I don't think I could hear your whole 

 4    answer.

 5                 SENATOR ADDABBO:   It's a mere 

 6    renovation of Aqueduct -- I'm sorry, of Belmont.  

 7    And then the transfer of the property from 

 8    Aqueduct to the state.

 9                 Does that answer your question or 

10    no?  

11                 SENATOR CANZONERI-FITZPATRICK: 

12    Madam President, will the sponsor yield for 

13    another question.

14                 ACTING PRESIDENT PERSAUD:   Do you 

15    yield for another question?  

16                 SENATOR ADDABBO:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR ADDABBO:   Can you repeat 

20    the question, please, Senator?

21                 SENATOR CANZONERI-FITZPATRICK:   So 

22    my -- as a follow-up, if I understand it, you 

23    have a community board that's going to gather 

24    input about what should happen with Aqueduct 

25    after Belmont closes.  And my question to you had 


                                                               3047

 1    been what powers does the advisory board have, 

 2    and why do we feel that it's necessary to have an 

 3    advisory board for determining what happens in 

 4    Aqueduct, where we're spending $455 million on 

 5    Belmont and we don't have an advisory board 

 6    tasked with getting input from the community -- 

 7    when, in my opinion, development of an investment 

 8    of that size probably warrants getting some 

 9    community input.

10                 SENATOR ADDABBO:   Through you, 

11    Madam President.  Senator, thank you very much 

12    for the clarification.  

13                 So in 2019 there was an advisory 

14    board set up for Belmont, I understand.  And I 

15    guess again -- it's still active?  Right, two 

16    weeks ago.  I believe there was a meeting two 

17    weeks ago as well.  So it's still active at 

18    Belmont.

19                 SENATOR CANZONERI-FITZPATRICK: 

20    Madam President, will the sponsor yield for 

21    another question, please.  

22                 ACTING PRESIDENT PERSAUD:   Will the 

23    sponsor yield?

24                 SENATOR ADDABBO:   Yes.

25                 ACTING PRESIDENT PERSAUD:   Yes.


                                                               3048

 1                 SENATOR CANZONERI-FITZPATRICK:   So 

 2    circling back to my question about the advisory 

 3    board, the community advisory board for Aqueduct, 

 4    will they be tasked with deciding whether that 

 5    property comes back to the state, whether there's 

 6    a development of -- you know, how are we going to 

 7    use this land?  Like what is the board tasked 

 8    with doing?  What kind of powers do they have?  

 9                 SENATOR ADDABBO:   So under the 

10    agreement, the property automatically reverts 

11    back to the state from Aqueduct once Belmont is 

12    done.  That's an automatic.  That's one of the 

13    benefits to the state, the $1 billion valued 

14    property goes back to the state.  

15                 The property of the 113 acres at 

16    Aqueduct, the future fate of that, that's what 

17    that advisory board is going to be advising the 

18    FOB.

19                 SENATOR CANZONERI-FITZPATRICK:  

20    Thank you very much.

21                 SENATOR ADDABBO:   You're welcome.

22                 ACTING PRESIDENT PERSAUD:   Are 

23    there any other Senators wishing to be heard?

24                 Seeing and hearing none, debate is 

25    closed.  The Secretary will ring the bell.


                                                               3049

 1                 Read the last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT PERSAUD:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Murray to explain his vote.

 9                 SENATOR MURRAY:   Thank you, 

10    Madam President, to explain my vote.

11                 So earlier I asked questions 

12    regarding the MTA payroll -- well, the MTA 

13    funding, I should say.  And Senator O'Mara just 

14    asked a question about the talk of the MTA 

15    payroll tax in the city being increased.

16                 And I guess this goes back to what 

17    we've been talking about all day, and that is the 

18    system, the process -- the process of us not 

19    having all of the information, not having all of 

20    the answers before us as we're taking these 

21    votes.  

22                 So when I asked the questions there 

23    was -- I asked questions about the funding that 

24    came from the business surcharge and then also 

25    the funding that came from the self-employed tax 


                                                               3050

 1    that's being adjusted to bring in another 

 2    $20 million.  But then there's other issues.  

 3                 There's other funding sources, 

 4    whether it's from the local governments, the 

 5    hospitals, community colleges, the urban tax, the 

 6    mansion tax, the state mortgage recording taxes, 

 7    petroleum business tax, the for-hire vehicle 

 8    surcharge, the internet marketplace tax, 

 9    cellphone tax, the congestion pricing commuter 

10    tax that's coming down the road, and of course 

11    the casino money -- when that license and 

12    everything gets settled downstate, that money.  

13    There is money all over the place coming into the 

14    MTA.

15                 And again, some of it is coming from 

16    bills that we haven't seen yet.  And in fact 

17    there's rumor that part of the agreement for 

18    getting some of this funding would be that they 

19    would find a way to trim $400 million in 

20    spending.  Shouldn't they be doing that anyway?  

21    Why should that be part of a deal?  That's our 

22    money.  They should be being responsible.  What I 

23    don't see in any of these bills is accountability 

24    for the MTA.

25                 And then one other thing I just want 


                                                               3051

 1    to touch on real quick.  Senator Walczyk was 

 2    bringing up the -- the Hollywood, the film tax -- 

 3    film tax credit.  And I did a little math.  The 

 4    film tax credit was 420 million, increased to 

 5    700 million.  That's a difference, if my math is 

 6    correct, of 280 million.  Where does that number 

 7    ring familiar?  Oh, yeah, 280 million was what we 

 8    were asking to put in the budget to feed every 

 9    child in New York through the Healthy School 

10    Meals for All.

11                 Now, through a lot of hard work with 

12    some colleagues on the other side of the aisle -- 

13    great job -- the rumor is that we'll get about 

14    134 million.  That's not even half of what we 

15    needed.  So we can find a way to get 280 million 

16    for a Hollywood handout, but not 280 million to 

17    feed our kids?  That's shameful.  

18                 I'm a no vote.  Thank you.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Murray to be recorded in the negative.

21                 Senator Brisport to explain his 

22    vote.

23                 SENATOR BRISPORT:   Thank you, 

24    Madam President.  

25                 As we vote on this budget bill 


                                                               3052

 1    today, I rise to explain a deceptively dangerous 

 2    truth, which is that the ultra-rich have not 

 3    become the ultra-rich by contributing the most to 

 4    society, not by being the smartest or even the 

 5    hardest-working.  They have not become the 

 6    ultra-rich by getting lucky on an even playing 

 7    field.  

 8                 The ultra-rich have gotten that way 

 9    by exploiting a fundamentally rigged system and 

10    then rigging that system further in their own 

11    benefit.  They have used their immense wealth to 

12    force through policies that enable them to 

13    capture more and more of the wealth that workers 

14    create.  And in my two-and-a-half years in this 

15    chamber, I have seen that happen too many times 

16    to even count.  

17                 Today we are considering a budget 

18    that is overwhelmingly the results of that 

19    process.  In February we saw our 

20    billionaire-funded Governor propose a budget 

21    designed to further rig our economic system to 

22    advantage the ultra-rich.  Soon after, we saw 

23    billionaires like Bloomberg jump in to further 

24    influence the process, using their fortunes to 

25    distort reality by funding campaigns to spread 


                                                               3053

 1    misinformation about the proposal.

 2                 Now, in the face of profit-driven 

 3    inflation, a cost-of-living crisis, and runaway 

 4    wealth inequality, the final budget needlessly 

 5    and recklessly preserves tax breaks for the 

 6    ultra-rich and the corporations they own.

 7                 This is not simply a grave 

 8    injustice, but also an existential threat to our 

 9    democracy.  The process by which the ultra-rich 

10    gain power and use their power to further 

11    undermine our democracy will accelerate 

12    exponentially if it is not quickly and 

13    sufficiently countered.  

14                 The actions we take in the coming 

15    months and years will determine if this is 

16    remembered as the period in history when we 

17    allowed democracy to be dismantled or when we 

18    chose to stand with the rapidly growing, 

19    organized and active resistance to finally turn 

20    the tide.  

21                 As a matter of moral obligation and 

22    responsibility to my community, I vote nay on 

23    this bill.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Brisport to be recorded in the negative.


                                                               3054

 1                 Senator Borrello to explain his 

 2    vote.

 3                 SENATOR BORRELLO:   Thank you, 

 4    Madam President.

 5                 You know, we see a lot of things in 

 6    this budget that are just taking away from local 

 7    control.  Probably one of the most egregious 

 8    parts is Part N, where we're going to allow the 

 9    proliferation of these crony capitalist wind and 

10    solar projects.  You know, the climate socialists 

11    have scored another win.  You know, they are the 

12    useful idiots for the enemies of this nation like 

13    China, where all these products are made.  And 

14    they will once again get something that's going 

15    to end up costing not only control for our local 

16    governments, but also costing us in the way of 

17    our economic development in upstate.

18                 You also have Part O, which takes 

19    away what really was a commonsense idea, letting 

20    local governments determine their sales tax rate.  

21    But we're not going to do that.  We're going to 

22    make them come on bended knee back to Albany to 

23    try to have those sales tax rates renewed.

24                 Taking away local control is just 

25    one of many reasons why I'll be a no on this 


                                                               3055

 1    budget.  

 2                 Thank you.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Borrello to be recorded in the negative.

 5                 Senator Ryan to explain his vote.

 6                 SENATOR RYAN:   Thank you, 

 7    Madam President.  

 8                 One of the items in this bill is the 

 9    extension of the historic tax credit.  That tax 

10    credit has been a super-important tax credit to 

11    upstate communities that have a lot of historic 

12    buildings and neighborhoods.

13                 Forever the federal government had a 

14    tax credit of 20 percent to help offset the costs 

15    of redoing historic buildings.  But, Madam 

16    President, that was not enough.  The state then 

17    pitched in between 20 and 30 percent, depending 

18    on what you're using the building for.  And that 

19    has proven to be a boon.  All along the Erie 

20    Canal, buildings built in the 1800s, early 1900s, 

21    from Albany to Buffalo, have seen new life 

22    breathed into them because of this tax credit.  

23                 And we have to remember, when we 

24    look at our historic architecture, it's not just 

25    a relic of a past, but it's a building block on 


                                                               3056

 1    which to build our future, to make our towns and 

 2    cities more interesting but also to be reflective 

 3    of the past.  

 4                 And you've seen it all over the City 

 5    of Buffalo, be it the Richardson Campus, the 

 6    Hotel Lafayette, neighborhood after neighborhood.  

 7    The Guaranty Building, Horsefeathers Building -- 

 8    a lot of buildings.  But -- Buffalo is not the 

 9    only recipient of that, but it's really good to 

10    maintain our city centers, return the buildings 

11    that were considered archaic to productive use.

12                 Thank you, Madam President, and I 

13    vote aye.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Ryan to be recorded in the affirmative.

16                 Senator Hoylman-Sigal to explain his 

17    vote.

18                 SENATOR HOYLMAN-SIGAL:   Thank you, 

19    Madam President.

20                 I rise to explain my vote but also 

21    to spotlight a very important expansion of a tax 

22    credit in this budget bill.

23                 This budget bill would modify and 

24    extend the New York City musical and theatrical 

25    production tax credit, to expand eligibility to 


                                                               3057

 1    include off-Broadway theatrical productions, and 

 2    defining which Broadway theaters are eligible for 

 3    the program.

 4                 You know, last year the Legislature 

 5    demonstrated our commitment to the revival of 

 6    New York's arts community by including a 

 7    $200 million New York City musical and theatrical 

 8    production tax credit, designed to jump-start the 

 9    industry and support tourism in New York City.  

10                 Unfortunately, off-Broadway theaters 

11    were left out.  These are smaller venues that 

12    have long served as the place where aspiring 

13    playwrights from Tennessee Williams to Lin-Manuel 

14    Miranda can get their start and delight 

15    audiences, enrich our arts community, and earn a 

16    name for themselves.  These theaters have hosted 

17    household-name productions ranging from Rent to 

18    Rock of Ages.

19                 And in addition to serving as a 

20    critical incubator for aspiring playwrights and 

21    performers, small theater venues are responsible 

22    for $584 million in annual output, 3,017 jobs, 

23    166 million in wages, and an annual indirect 

24    economic impact of $513 million in output, 4,195 

25    indirect jobs, and $264 million in wages.  


                                                               3058

 1                 Well, this community and industry 

 2    has suffered mightily under COVID.  A 2021 report 

 3    from our State Comptroller found that employment 

 4    in the arts, entertainment and recreation 

 5    industries fell by an astounding 66 percent 

 6    during the pandemic.  As he puts it, the largest 

 7    decline among all sectors in New York's economy.  

 8    And even as patrons have come back to arts 

 9    venues, our off-Broadway theaters have fallen 

10    through the cracks as other pandemic recovery 

11    programs never recouped the lost income and sunk 

12    costs due to being shuttered for so long.

13                 So with this change that we're 

14    passing today -- again, thank you to the 

15    leadership of Senator Serrano and our Majority 

16    Leader Andrea Stewart-Cousins, and with the 

17    support of the Governor, we are making a 

18    difference to off-Broadway.

19                 So I vote aye, and I give my regards 

20    to Broadway, Madam President.  

21                 (Reaction from members.)

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Hoylman-Sigal to be recorded in the affirmative.

24                 (Laughter.)

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3059

 1    Weber to explain his vote.

 2                 SENATOR WEBER:   Thank you, 

 3    Madam President.

 4                 What I see in this bill is tax 

 5    credits for millionaires and billionaires, 

 6    Hollywood billionaires and millionaires and 

 7    Broadway.  What I don't see is middle-class tax 

 8    cuts, childcare credits for individuals who are 

 9    struggling every day.

10                 I see continual money siphoned off 

11    and given to the MTA.  In Rockland County, we 

12    don't call it the MTA, we call it the ATM, 

13    because it continues to suck money out of our 

14    residents and businesses without delivering the 

15    services.  

16                 We need accountability on the MTA, 

17    we need to stop -- they need to stop treating us 

18    as an ATM.  So I will be voting no and -- I will 

19    be voting no on giving any additional money to 

20    the MTA until there is an accountability and a 

21    forensic audit done on that organization.  

22                 So I vote no.  

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Weber to be recorded in the negative.

25                 Senator Addabbo to explain his vote.


                                                               3060

 1                 SENATOR ADDABBO:   Thank you, 

 2    Madam President.

 3                 I want to thank Senator 

 4    Canzoneri-Fitzpatrick for her questions on 

 5    Belmont.  

 6                 You know, we stand here at the cusp 

 7    of a real great opportunity for our state to make 

 8    a very fiscally sound investment right there in 

 9    that Belmont area.  You know, certainly with the 

10    jobs -- over 3,000 jobs; post-construction, over 

11    700 jobs.  These are really good union jobs, MWBE 

12    components and veterans.

13                 But not only does it do well for 

14    that area.  There are horse farms in 57 counties 

15    out of the whole state, 57 out of 62 counties -- 

16    there are horse farms that are going to benefit 

17    from that too.  And the horses benefit because 

18    the synthetic turf at the new Belmont will be 

19    safer for the horses.

20                 I think this is a really fine step 

21    for the state.  It makes Belmont certainly a 

22    different venue, a more environmentally friendly 

23    venue.  That area -- that racetrack has not been 

24    renovated since 1968.  So it becomes 

25    ADA-compliant, it becomes, again, environmentally 


                                                               3061

 1    friendly.  This is a great step, and it's a great 

 2    opportunity that we have that we take today.  

 3                 It's a great step for our state, and 

 4    that's why I'll be voting yes.  

 5                 Thank you, Madam President.

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Addabbo to be recorded in the affirmative.

 8                 Announce the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 718, those Senators voting in the 

11    negative are Senators Ashby, Borrello, Brisport, 

12    Canzoneri-Fitzpatrick, Gallivan, Gonzalez, 

13    Griffo, Helming, Lanza, Martins, Mattera, Murray, 

14    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

15    Rolison, Salazar, Stec, Tedisco, Walczyk, Weber 

16    and Weik.

17                 Ayes, 38.  Nays, 24.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 SENATOR LIU:   Madam President.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Liu.

23                 SENATOR LIU:   Madam President, can 

24    we now take up Calendar Number 716.

25                 ACTING PRESIDENT PERSAUD:   There is 


                                                               3062

 1    a substitution at the desk.  

 2                 The Secretary will read.

 3                 THE SECRETARY:   Senator Krueger 

 4    moves to discharge, from the Committee on 

 5    Finance, Assembly Bill Number 3005C and 

 6    substitute it for the identical Senate Bill 

 7    4005C, Third Reading Calendar 716.

 8                 ACTING PRESIDENT PERSAUD:    

 9    Substitution so ordered.

10                 The Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    716, Assembly Print Number 3005C, Budget Bill, an 

13    act to amend Chapter 887 of the Laws of 1983.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Rolison.

16                 SENATOR ROLISON:   Thank you, 

17    Madam President.  Would the sponsor yield for a 

18    question, Part B?  

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR BAILEY:   Yes, 

22    Madam President.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR ROLISON:   On Thursday of 


                                                               3063

 1    last week -- and we heard this previously -- the 

 2    Governor in her Executive proposal had included 

 3    some bail modifications, least restrictive.  She 

 4    also announced last week that that was going to 

 5    be in the deal, negotiated.

 6                 I don't see it in this particular 

 7    bill.  And why isn't it in this -- not in this 

 8    bill?

 9                 SENATOR BAILEY:   Through you, 

10    Madam President.  You're correct, it is in the 

11    budget.  It's in a bill that we have yet to have 

12    before us.  And at the proper time when that bill 

13    is printed and before us, I'll be happy to answer 

14    questions concerning the substance on that 

15    question.  

16                 But no, it is not in the current 

17    bill.

18                 SENATOR ROLISON:   Okay, thank you.  

19                 Through, you, Madam President, will 

20    the sponsor continue to yield.

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR BAILEY:   Certainly.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.  


                                                               3064

 1                 SENATOR ROLISON:   There had been 

 2    discussion as recently as a few weeks ago, again 

 3    with the Governor talking about discovery reform, 

 4    that there was a statement made that she was 

 5    interested in seeing discovery reform, not 

 6    specific at that point in time.  

 7                 And also, too, I know there was 

 8    discussions, which we were part of, where the DAs 

 9    had come to the Capitol and did express interest 

10    in discovery reform.  There was something just 

11    recently where DAs in New York City had made 

12    those same statements.  

13                 Was there ever a proposal put 

14    forward, either by the Governor or by anyone 

15    else, in this budget process as it relates to 

16    discovery reform?

17                 SENATOR BAILEY:   Through you, 

18    Madam President, there were many conversations as 

19    related to discovery reform.  As a contemplative 

20    conference and body, we listened to what was 

21    happening and we heard what the district 

22    attorneys said.  Ultimately, the conversations 

23    related to discovery reform were ultimately 

24    pulled out of budget discussions, 

25    Madam President.


                                                               3065

 1                 SENATOR ROLISON:   Thank you, 

 2    Senator.

 3                 SENATOR BAILEY:   You're welcome.

 4                 SENATOR ROLISON:   Thank you, 

 5    Madam President.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you.

 8                 Senator Borrello.  

 9                 SENATOR BORRELLO:   Madam President, 

10    I'm looking specifically at Part C, if someone 

11    could answer a question on Part C.  It's about 

12    body scanner technology.  

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Salazar will be responding, Senator.  

15                 Senator, do you yield?  

16                 SENATOR SALAZAR:   Absolutely.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Senator yields.

19                 SENATOR BORRELLO:   So as you're 

20    well aware, we have -- through you, 

21    Madam President, we have seen a spike in violence 

22    in our prisons.  A lot of it is due to I think 

23    the so-called criminal justice reforms.

24                 However, a lot of the violence has 

25    been inmates that have been, quite frankly, high 


                                                               3066

 1    on drugs.  Those drugs tend to come in through 

 2    people that visit.  And this body scanner 

 3    technology, which I know was in the budget 

 4    originally, I'm told is still going to be in the 

 5    budget, but I'm a little concerned that it's 

 6    being taken out.

 7                 Could you speak to, you know, this 

 8    very vital piece of technology that could reduce 

 9    violence in our prisons and contraband coming 

10    into our prisons, where that stands?

11                 SENATOR SALAZAR:   Through you, 

12    Madam President, the body scanning technology in 

13    correctional facilities piece is not in the bill 

14    that is before the house.  But I do look forward 

15    to discussing it when the bill that we do 

16    anticipate this part being in -- perhaps the ELFA 

17    bill -- is actually printed.

18                 SENATOR BORRELLO:   Madam President, 

19    will the sponsor continue to yield?

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR SALAZAR:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR BORRELLO:   You know, this 


                                                               3067

 1    is actually the Public Protection bill.  I'm just 

 2    curious why we would move it out of the 

 3    Public Protection bill and put it somewhere else.

 4                 SENATOR SALAZAR:   Through you, 

 5    Madam President, the budget works in mysterious 

 6    ways and -- 

 7                 (Laughter.)

 8                 SENATOR SALAZAR:   -- today it seems 

 9    that this part will be in the ELFA bill instead.

10                 SENATOR BORRELLO:   Madam President, 

11    since my Apple watch told me it was time to stand 

12    up, I thought I would ask a question, so I'm 

13    good.  

14                 Thank you very much.

15                 (Laughter.)

16                 ACTING PRESIDENT PERSAUD:   Okay, 

17    thank you.  

18                 Senator Stec.

19                 SENATOR STEC:   Thank you.  I 

20    believe it's Senator Bailey, please, if he would 

21    yield for a few questions.

22                 SENATOR BAILEY:   (Inaudible.)

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR STEC:   All right, thank 


                                                               3068

 1    you.  My questions are on Part F, which are the 

 2    technical amendments that are proposed to the 

 3    Concealed Carry Improvement Act.  

 4                 Certainly I think everyone in the 

 5    chamber will remember we did this outside the 

 6    budget last year, and then -- on debate.  And 

 7    then following on debate there was a lot of 

 8    discussion in the chamber and in the media around 

 9    the state as to what I think would probably 

10    generously be considered oversights or unintended 

11    consequences.  

12                 And I'm pleased that several of them 

13    are addressed in Part F here, but I do have a 

14    question.  Can you tell us why these changes to 

15    the Concealed Carry Act are being included in the 

16    budget, as opposed to a standalone bill or 

17    chapter amendment or something we could have 

18    done?  Why are we doing this as part of the 

19    budget?

20                 SENATOR BAILEY:   Through you, 

21    Madam President, it's a very fair question, 

22    Senator Stec.  

23                 You know, it was a conversation.  It 

24    was essentially the Executive's decision.  We 

25    wanted to make sure that something got done in 


                                                               3069

 1    this area.  As you said, it needed some 

 2    tightening up, and we thought that this was the 

 3    best method to address the concerns.

 4                 SENATOR STEC:   If the sponsor would 

 5    continue to yield, please.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR BAILEY:   Certainly.  

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.  

11                 SENATOR STEC:   Thank you.  I 

12    appreciate that, Senator.  And again, you know, 

13    we're making a lot of improvements here -- 21 gun 

14    salutes, historic reenactments, display of 

15    historic firearms for educational purposes.  

16    There's a lot of good improvements here that are 

17    being made.

18                 However, I'll point to there's a 

19    federal district court judge in the 

20    Northern District that's caught a case -- there's 

21    actually several cases that have been filed 

22    regarding constitutional issues that were 

23    raised -- again, on debate and post-adoption of 

24    this bill -- and appeals currently are headed to 

25    the Second Circuit Court.


                                                               3070

 1                 Is there anything in this budget 

 2    language that addresses those constitutional 

 3    questions or issues that were raised when this 

 4    was done?

 5                 SENATOR BAILEY:   So through you, 

 6    Madam President, if it's currently in the appeals 

 7    process, having not had a decision yet, it would 

 8    be very difficult for me to specifically opine on 

 9    what the court would decide in terms of 

10    constitutionality.

11                 SENATOR STEC:   If the sponsor would 

12    yield, I'll clarify my question.

13                 SENATOR BAILEY:   Certainly.

14                 ACTING PRESIDENT PERSAUD:   Will the 

15    sponsor yield?

16                 The sponsor yields.

17                 SENATOR STEC:   I guess what I'm 

18    saying is, is there anything in the budget 

19    language that addresses some of the 

20    constitutional issues that were raised, like 

21    going into somebody's social media, contact 

22    information for everybody that lives in the 

23    household, good moral character, and some of the 

24    sensitive location definitions?  

25                 SENATOR BAILEY:   Through you, 


                                                               3071

 1    Madam President, the -- in relation to sensitive 

 2    locations that you mentioned, Senator Stec, yes.  

 3                 In relation to the other things that 

 4    you mentioned, no.

 5                 SENATOR STEC:   Okay, I appreciate 

 6    that.  Thank you.  

 7                 If the sponsor would continue to 

 8    yield to a couple more questions.

 9                 ACTING PRESIDENT PERSAUD:   Will the 

10    sponsor yield?

11                 SENATOR BAILEY:   Certainly.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR STEC:   All right, thank 

15    you.

16                 One of the things that was brought 

17    up of concern -- again, when the bill was done 

18    and since then -- was the definition of parks.  

19    And certainly it's a big state, it's a very 

20    diverse state, which I think we all embrace.  You 

21    know, you've got oceans, you've got mountains, 

22    you've got foreign -- borders with foreign 

23    countries, Great Lakes.  I mean, it's a lot of 

24    diversity geographically, a lot of diversity as 

25    far as rural, suburban and urban.  


                                                               3072

 1                 And I think, you know, we talked 

 2    about this offline; there's a lot of people -- I 

 3    think you mentioned the word "park."  And maybe 

 4    in your district, your idea of what the average 

 5    person would think of as a park is very different 

 6    than what mine or maybe Senator Walczyk or, you 

 7    know, other Adirondack or Catskills legislators 

 8    might consider the park.

 9                 And that was one of the traps that 

10    was unfortunately brought to light in the 

11    Concealed Carry Act.  Is there anything -- I was 

12    wondering if you could explain why we didn't go 

13    with the Executive's language.  The Executive 

14    made a proposal in her budget draft, and then 

15    that's been modified, I think significantly.  

16    Hers was cleaner and simpler.  

17                 Can you tell us why the -- how we're 

18    handling the definition of what a park is?  This 

19    language -- I'll just clarify.  The language in 

20    the proposed bill exempts any privately held land 

21    within a park not dedicated to public use, and 

22    the Forest Preserve.  Whereas the Governor's 

23    simply said the Adirondack Park and the Catskill 

24    Park, for the purpose of this, are not considered 

25    parks.


                                                               3073

 1                 SENATOR BAILEY:   Through you, 

 2    Madam President.  Senator Stec, you're correct.  

 3    The beauty of our state is that we can have 

 4    different approaches.  But the beauty of statute 

 5    is that we get to codify certain things.  

 6                 So as far as the Executive's 

 7    approach with the two houses, I imagine that the 

 8    specific table that this is at, much like any 

 9    other conversation in the budget, there were 

10    negotiations and discussions about the language 

11    and whether it should be narrowly tailored or 

12    expanded or kept in its original form.  

13                 And ultimately we decided to I guess 

14    go away from the Executive's proposal and go 

15    towards what essentially would be a compromise 

16    between the Executive and the two houses.

17                 SENATOR STEC:   If the sponsor would 

18    continue to yield.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR BAILEY:   Certainly.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR STEC:   I appreciate that.  

25    Let me try to ask the question another way.


                                                               3074

 1                 The -- inside the park there's about 

 2    a hundred communities, towns and villages; the 

 3    state highways that run through the park; 

 4    6.1 million acres -- about 2.6 million of it is 

 5    Forest Preserve.  So the balance is not 

 6    Forest Preserve, most of that is privately owned 

 7    property.

 8                 And what I'm getting at here is the 

 9    way that we've landed in this budget language, 

10    you could have private property that is not 

11    dedicated to public -- that is dedicated to 

12    public use, where a town outside the Blue Line, 

13    outside the park -- a definition of town in 

14    another part of the state -- might own hundreds 

15    of acres and they may say this is for camping and 

16    fishing and people are allowed to carry a firearm 

17    here.  

18                 But the way that this language is 

19    written, a town that's located inside the 

20    Blue Line, under similar circumstances, could -- 

21    would not have the authority to allow its town 

22    park to -- that might abut larger wilderness 

23    areas to be used.  

24                 So it still seems much more 

25    restrictive that one town inside the park 


                                                               3075

 1    wouldn't have the same rules as a town outside 

 2    the park.

 3                 SENATOR BAILEY:   Through you, 

 4    Madam President, I guess in terms of what the 

 5    question would be in terms of -- I guess you're 

 6    still asking how did we come up with the -- with 

 7    this language, essentially.  And again, as a 

 8    contemplative body, we had discussion, we had 

 9    conversations with DEC and State Parks, and they 

10    believe that this language was more sufficient 

11    than the originally proposed language.

12                 SENATOR STEC:   If the sponsor would 

13    continue to yield, please.  

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR BAILEY:   Absolutely.  

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR STEC:   All right, I 

20    appreciate that.  I'll try to ask the question 

21    another way.

22                 So we're trying to say it's okay to 

23    carry a gun on Forest Preserve land, 2.6 million 

24    acres.  That's a step in the right direction.  

25    That's something that I think we were all trying 


                                                               3076

 1    to point out.

 2                 However, you know, the question 

 3    arises -- I mean, the Adirondack Park is 

 4    6 million acres.  You could step off of a 

 5    trailhead into private property to hike over 

 6    private property which is a public -- you know, 

 7    open to public use, and then -- in order to 

 8    access the Forest Preserve.  In leaving your car 

 9    and walking maybe a couple of miles over private 

10    property onto public property, would you be 

11    violating the law if you were carrying?

12                 SENATOR BAILEY:   Through you, 

13    Madam President.  Through you, Madam President, 

14    the answer would be no.  

15                 And I guess I'll expound upon that.  

16    We've specifically carved out a section for 

17    privately held land in public locations, as 

18    Senator Stec was mentioning.

19                 SENATOR STEC:   Will the sponsor 

20    continue to yield.

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield? 

23                 SENATOR BAILEY:   Absolutely.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               3077

 1                 SENATOR STEC:   The language that 

 2    I'm reading that I'm having a hard time with -- 

 3    and I appreciate everyone's indulgence here -- 

 4    among the exemptions, libraries, public 

 5    playgrounds, public parks and zoos, provided 

 6    that, for the purpose of this section, a public 

 7    park shall not include, one, any privately held 

 8    land within the park that is not dedicated to 

 9    public use or, two, the Forest Preserve, as 

10    defined under subdivision 6.  So privately held 

11    land within the public that's not dedicated to 

12    public use.

13                 If somebody wants to carry over 

14    across somebody else's private property -- a 

15    club, a hunting club, it's not Forest Preserve, 

16    it's a hunting club -- to access state land, 

17    you're saying that that would not be a violation 

18    of the law.

19                 SENATOR BAILEY:   Through you, 

20    Madam President.  According to conversation that 

21    we've had with DEC, the answer would be no.

22                 SENATOR STEC:   All right.  I 

23    appreciate that.  Thank you.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you.


                                                               3078

 1                 Senator Helming.

 2                 SENATOR HELMING:   Thank you, 

 3    Madam President.  

 4                 If the sponsor would continue to 

 5    yield for questions on Part K, the State Liquor 

 6    Authority.

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   Yes, I do.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR HELMING:   Thank you.

13                 Senator Krueger, the Majority 

14    rejected the Governor's proposal to direct the 

15    New York State Liquor Authority to review the 

16    New York State Alcoholic Beverage Control Law and 

17    recommend changes to more clearly and rationally 

18    delineate policies, procedures, criteria and 

19    legal standards.

20                 Can you elaborate as to why this 

21    language to review Alcoholic Beverage Control Law 

22    was not included in the budget?

23                 SENATOR KRUEGER:   Through you, 

24    Madam President.  Apparently between when the 

25    Governor put the language in the budget 


                                                               3079

 1    originally and now, the SLA determined that they 

 2    could do it through regulation.  They have done 

 3    it through regulation.  And that entire list is 

 4    now posted on their website as new regulations 

 5    for the SLA.  (Conferring.)

 6                 Oh, excuse me.  SLA put in their own 

 7    proposed bill, and that's up on their website.  

 8    So they want to do it separate from the budget, 

 9    as their freestanding bill.

10                 SENATOR HELMING:   Thank you.  

11                 Madam President, if the sponsor will 

12    continue to yield.

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR KRUEGER:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.  

18                 SENATOR HELMING:   Senator Krueger, 

19    is it the Majority's intention to take up the 

20    bill before the end of session?

21                 SENATOR KRUEGER:   I have no idea.  

22    It's not my -- I don't know which committee it 

23    would go through.  

24                 Oh, excuse me, it would go through 

25    Investigations and Operations.  So perhaps you 


                                                               3080

 1    can have a discussion with them after the budget 

 2    bills.

 3                 SENATOR HELMING:   Madam President, 

 4    if the sponsor would continue to yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    sponsor yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR HELMING:   Thank you.  

11                 Senator Krueger, going to Part O, 

12    the issuance of temporary retail permits.

13                 SENATOR KRUEGER:   Oh, yes, I -- I 

14    yield, I'm sorry.  

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR HELMING:   Under Part O, 

18    it's my understanding that temporary permits may 

19    be extended for a full year while the business 

20    waits for SLA to review the permanent 

21    application.  

22                 I hear from small businesses, 

23    probably like so many people in this room, all 

24    the time.  They've been issued a temporary 

25    permit, and they're required to pay a monthly 


                                                               3081

 1    fee.  I think the monthly fee is just under a 

 2    hundred dollars, at least from the businesses 

 3    I've heard from.  This may not seem like a lot, 

 4    but I'm telling you, it's hurting our small 

 5    businesses, those small mom-and-pops that line 

 6    our Main Streets -- the restaurants, et cetera.

 7                 Does the budget include language to 

 8    eliminate the monthly waiting fee?  It's 

 9    frustrating that a small business should have to 

10    pay a fee while they're waiting for the state 

11    agency to take action.  

12                 SENATOR KRUEGER:   (Conferring.)  

13    No, we make no change to that process.  So 

14    whatever the current standard is, that would 

15    continue at this point.

16                 SENATOR HELMING:   Through you, 

17    Madam President, if the sponsor would continue to 

18    yield.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR HELMING:   So just so I'm 

25    clear in my understanding, although we're 


                                                               3082

 1    extending the temporary permit period to 

 2    one year, we're still going to require our 

 3    small businesses who are waiting for action by 

 4    the SLA -- they're not waiting for the applicant 

 5    to provide any additional information, the 

 6    application's been deemed complete -- we are 

 7    still going to require them to pay a monthly fee.  

 8    Is that true?

 9                 SENATOR KRUEGER:   In the way it's 

10    being explained to me, that they get a 90-day 

11    permit and after that they would need to reapply 

12    every 30 days until the SLA completed the work 

13    that was required to approve or deny a full 

14    license.

15                 SENATOR HELMING:   Through you, 

16    Madam President, if the sponsor would continue to 

17    yield.

18                 ACTING PRESIDENT PERSAUD:   Does the 

19    sponsor yield?

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR HELMING:  Senator Krueger, 

24    now I'm confused.  Can you explain, then, Part O, 

25    what it does?


                                                               3083

 1                 SENATOR KRUEGER:   (Conferring.) 

 2    Thank you.

 3                 So basically this doesn't really 

 4    change anything.  Since 2010, so I guess during 

 5    the Republican control of the Senate as well, we 

 6    have been doing one-year extensions of this 

 7    arrangement.  So the current arrangement will 

 8    continue.

 9                 SENATOR HELMING:   Through you, 

10    Madam President, if the sponsor will continue to 

11    yield.

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   Will the 

14    sponsor yield?

15                 The sponsor yields.  

16                 SENATOR HELMING:   Senator Krueger, 

17    under Democratic control in every branch of 

18    government, why not make a change now that will 

19    help our small businesses?  

20                 The charge -- like I just worked 

21    with a small Mexican restaurant, a young couple 

22    with two young kids, just starting out.  They 

23    have supplied -- and we've helped them -- 

24    supplied so much information to the SLA.  And 

25    while they wait for the SLA, who tells us they're 


                                                               3084

 1    understaffed and that's why they weren't moving 

 2    on the bill -- they have to pay almost $100 a 

 3    month.  That's ridiculous, and it needs to be 

 4    changed.  So why not change it?

 5                 SENATOR KRUEGER:   So I have to 

 6    admit that SLA law has not been an area of 

 7    expertise of mine.  

 8                 New York City actually finds itself 

 9    often in the reverse situation, that our 

10    communities are frustrated that there are too 

11    many approvals of SLA licenses without the 

12    complete review, and we also to some degree wish 

13    that the SLA could move quicker, but move quicker 

14    to close down facilities or say no.  So it may be 

15    a little bit of a different story in different 

16    parts of the state.

17                 SENATOR HELMING:   Thank you, 

18    Senator Krueger.

19                 Thank you, Madam President.

20                 ACTING PRESIDENT PERSAUD: 

21    Senator Skoufis?

22                 Senator O'Mara.

23                 SENATOR O'MARA:   Yes, 

24    Madam President, I just have a couple of 

25    questions for Senator Bailey on the --


                                                               3085

 1                 ACTING PRESIDENT PERSAUD:   Senator  

 2    Bailey, do you yield?  

 3                 SENATOR BAILEY:   Most definitely.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senator yields.

 6                 SENATOR O'MARA:   Thank you, 

 7    Senator.  I just want some clarification on 

 8    sensitive locations with regards to places of 

 9    worship.  

10                 The language here says those persons 

11    responsible for security at such place of 

12    worship, they'll be able to conceal carry.  Who's 

13    making the determination of who's security, and 

14    does that security have to be some type of 

15    licensed security?

16                 SENATOR BAILEY:   Through you, 

17    Madam President, I would say the Lord.  

18                 But it would be determining on who's 

19    in charge of that house of worship, in all 

20    seriousness, Senator O'Mara.  Who's in charge of 

21    the house of worship.

22                 SENATOR O'MARA:   Okay.  So through 

23    you, Madam President, if the sponsor would yield.

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    sponsor yield?


                                                               3086

 1                 SENATOR BAILEY:   Mostly definitely.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.  

 4                 SENATOR O'MARA:   So that can be a 

 5    decision that the pastor or the church council 

 6    determines certain individuals that can carry 

 7    during church services?

 8                 SENATOR BAILEY:   So through you, 

 9    Madam President.  You know, many houses of 

10    worship, should they so desire, choose to hire 

11    retired law enforcement officers or other 

12    individuals, depending on whatever the makeup of 

13    their board is.  But ultimately, yes, it would be 

14    up to that house of worship, however they decide 

15    to make their decision-making.  

16                 For example, I'm a member of the 

17    Methodist Church, and our decision-making board 

18    is the PP&R -- Pastor, Parish and Relations 

19    Committee, and we make a lot of decisions in 

20    that.  Whatever the house of worship's body that 

21    would be that, I imagine they would be the ones 

22    that would decide that.

23                 SENATOR O'MARA:   Through you, 

24    Madam President, if the sponsor will continue to 

25    yield.


                                                               3087

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?

 3                 SENATOR BAILEY:   Absolutely.  

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.  

 6                 SENATOR O'MARA:   Now, first you 

 7    said that whoever's in charge of the house of 

 8    worship can make the decision of who the security 

 9    is.  Now you just said they could hire retired 

10    law enforcement or something.

11                 So is there any specific requirement 

12    of the individual that's chosen to provide 

13    security?  

14                 SENATOR BAILEY:   Through you, 

15    Madam President, as I'm wont to do, I just gave 

16    an example.  But there is no specific requirement 

17    to hire the individuals that I'd mentioned.

18                 SENATOR O'MARA:   Through you, 

19    Madam President, if the sponsor would continue to 

20    yield.

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR BAILEY:   Certainly.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.  


                                                               3088

 1                 SENATOR O'MARA:   You know, in the 

 2    situation of private property, the property owner 

 3    can post a sign saying "It's okay to carry here."  

 4    Is that still the case under this change?  

 5                 SENATOR BAILEY:   Through you, 

 6    Madam President, yes.  That would be still legal, 

 7    yes.

 8                 SENATOR O'MARA:   Through you, 

 9    Madam President, if the sponsor would yield.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR BAILEY:   Absolutely.  

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR O'MARA:   So in that vein, 

16    could the church leadership post a sign at the 

17    entrance saying "You're all responsible for 

18    security, please feel welcome to bring your 

19    firearm"?

20                 SENATOR BAILEY:   Through you, 

21    Madam President, that would not be the spirit or 

22    the intent of the law, so I would say no.

23                 SENATOR O'MARA:   Thank you, 

24    Madam President.

25                 ACTING PRESIDENT PERSAUD:   Thank 


                                                               3089

 1    you.

 2                 Are there any other Senators wishing 

 3    to be heard?

 4                 Seeing and hearing none, debate is 

 5    closed.  The Secretary will ring the bell.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Borrello to explain his vote.

14                 SENATOR BORRELLO:   Thank you, 

15    Madam President.  

16                 You know, it's disappointing to see 

17    that we thought that we -- we thought we were 

18    making progress on the antiquated ABC laws, and 

19    clearly we're taking a step back here.  And one 

20    of the worst parts of being in this business is 

21    knowing that we continue to put more pressure on 

22    our small businesses, hospitality businesses.  

23                 Hospitality is the largest generator 

24    of sales tax in New York City, second-largest in 

25    the state.  A huge economic driver.  Employers.  


                                                               3090

 1    Yet we're continuing to do things like not 

 2    address the unemployment insurance deficit.  And 

 3    while the pot free-for-all continues, they're not 

 4    doing anything -- there are criminal enterprises 

 5    that are contributing nothing to our economy, 

 6    they're a drain on resources, and we're going to 

 7    continue to put pressure on the small businesses 

 8    that make up the large majority of the 

 9    hospitality industry in New York State.  

10                 This is another fiasco.  We listen 

11    to the SLA complain about how they're 

12    understaffed, understaffed, we're bottlenecked.  

13    I don't understand how, in the scope of a 

14    $229 billion budget, that somehow the SLA doesn't 

15    have enough people.  That's really disgraceful.  

16                 This industry's important to 

17    New York State, and I'm voting no.  Thank you.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Borrello to be recorded in the negative.

20                 Senator Skoufis to explain his vote.

21                 SENATOR SKOUFIS:   Thanks very much, 

22    Madam President.  

23                 I will be voting aye, but I do want 

24    to weigh in on the conversation surrounding ABC 

25    reform and SLA reform.  


                                                               3091

 1                 And I'm sympathetic to the concerns 

 2    that my colleagues across the aisle have raised, 

 3    and will point out that it was this chamber that 

 4    last year attempted to advance very significant 

 5    ABC reforms at the budget negotiating table.  And 

 6    similarly, in our one-house budget, we included a 

 7    number of reforms.  And so it's this house's 

 8    position that yes, absolutely, something needs to 

 9    change.  

10                 As chair of IGO, which handles a lot 

11    of ABC law, I can say with a high degree of 

12    confidence that the SLA is perhaps the most 

13    unaccountable, unresponsive, derelict in their 

14    duties agency or authority in all of New York.  

15    It is astonishing and really reprehensible that 

16    they are so unresponsive to our constituents that 

17    it does take nine months, 10 months, 11 months to 

18    process applications.  And meanwhile, those 

19    constituent businesses have to renew and pay 

20    these fees associated with temporary licenses.

21                 And so I'm certainly committed to 

22    continuing to push for reform, look forward to 

23    working with my colleagues on both sides of the 

24    aisle, and will note that just today the 

25    commission that we empaneled in last year's 


                                                               3092

 1    budget to look at said reforms came out with 

 2    their findings and recommendations, their 

 3    over-100-page report.  And it's my hope that we 

 4    can take many of those recommendations that I 

 5    agree with and put them into legislation and 

 6    advance them and finally address some of these 

 7    problems.

 8                 Thank you very much, 

 9    Madam President.  I vote aye.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Skoufis to be recorded in the affirmative.

12                 Senator Weber to explain his vote.

13                 SENATOR WEBER:   Thank you, 

14    Madam President.  

15                 You know, I was elected last year in 

16    a D-21 district, being outspent about four to 

17    one.  It wasn't my charm and good looks that got 

18    me elected.  

19                 (Laughter.)

20                 SENATOR WEBER:   What got me elected 

21    was eight in 10 people were concerned about 

22    public safety, and they blamed the bail reform 

23    laws for increasing violent crimes in our area.

24                 We need to deal with that.  Right?  

25    And I'm disappointed to see in this public safety 


                                                               3093

 1    bill that we're -- we have an entire section 

 2    related to the value of this chair.  Like anyone 

 3    cares about the value of the chair when they're 

 4    getting robbed and violent crime is continuing in 

 5    their neighborhoods.  

 6                 We need to take this seriously.  We 

 7    need to deal with the bail reform.  I'm concerned 

 8    that it's not in the public safety bill, with a 

 9    wink and a nod that it will come later.  I'm 

10    voting no at this point.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Weber to be recorded in the negative.

13                 Announce the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 716, those Senators voting in the 

16    negative are Senators Borrello, 

17    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

18    Lanza, Martins, Mattera, Murray, Oberacker, 

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

20    Tedisco, Walczyk, Weber and Weik.

21                 Ayes, 42.  Nays, 20.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.  

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Madam President, 


                                                               3094

 1    just to give my colleagues a sense of what the 

 2    rest of the evening holds, we have five more 

 3    budget bills to go.  We're going to take those up 

 4    tomorrow.  But we are going to break for party 

 5    conferences now.  There will be a Rules Committee 

 6    meeting at 8:15, after which we will come back to 

 7    the floor and pass a bill that will make sure 

 8    payrolls can continue to be processed past noon 

 9    tomorrow.  

10                 So please call a Rules Committee 

11    meeting for 8:15, and stand at ease for party 

12    conferences. 

13                 ACTING PRESIDENT PERSAUD:   There 

14    will be a Rules Committee meeting at 8:15 in 

15    Room 333.  The Senate will stand at ease.

16                 SENATOR GIANARIS:   Can you please 

17    recognize Senator Lanza as well.

18                 ACTING PRESIDENT PERSAUD:   Oh.  

19    Senator Lanza.

20                 SENATOR LANZA:   Thank you, 

21    Senator Gianaris.  

22                 Madam President, there will be an 

23    immediate meeting of the Republican Conference in 

24    Room 315.

25                 ACTING PRESIDENT PERSAUD:   There 


                                                               3095

 1    will be an immediate meeting of the 

 2    Republican Conference in Room 315.

 3                 The Senate will stand at ease.

 4                 (Whereupon, the Senate stood at ease 

 5    at 7:57 p.m.)

 6                 (Whereupon, the Senate reconvened at 

 7    8:24 p.m.)

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senate will return to order.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Madam President, 

12    I believe there's a report of the Rules Committee 

13    at the desk.  Can we take that up, please.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Secretary will read.

16                 THE SECRETARY:   Senator 

17    Stewart-Cousins, from the Committee on Rules, 

18    reports the following bill:

19                 Senate Print 6625, by 

20    Senator Krueger, an act making appropriations for 

21    the support of government.  

22                 The bill reports direct to third 

23    reading.

24                 SENATOR GIANARIS:   Move to accept 

25    the report of the Rules Committee.


                                                               3096

 1                 ACTING PRESIDENT PERSAUD:   All 

 2    those in favor of accepting the report of the 

 3    Rules Committee signify by saying aye.

 4                 (Response of "Aye.")

 5                 ACTING PRESIDENT PERSAUD:   Opposed, 

 6    nay.

 7                 (No response.)

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    report is adopted.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Can we take up 

12    the supplemental calendar, please.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Secretary will read.

15                 There is a substitution at the desk.  

16                 The Secretary will read.

17                 THE SECRETARY:   Senator Krueger 

18    moves to discharge, from the Committee on Rules, 

19    Assembly Bill Number 6685 and substitute it for 

20    the identical Senate Bill 6625, Third Reading 

21    Calendar 722.

22                 ACTING PRESIDENT PERSAUD:   

23    Substitution ordered.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Is there a 


                                                               3097

 1    message of necessity and appropriation at the 

 2    desk?

 3                 ACTING PRESIDENT PERSAUD:   There is 

 4    a message of necessity at the desk.

 5                 SENATOR GIANARIS:   Move to accept 

 6    the message.

 7                 ACTING PRESIDENT PERSAUD:   All 

 8    those in favor of accepting the message of 

 9    necessity signify by saying aye.  

10                 (Response of "Aye.")

11                 ACTING PRESIDENT PERSAUD:   Opposed, 

12    nay.

13                 (Response of "Nay.")

14                 ACTING PRESIDENT PERSAUD:   The 

15    message is accepted.

16                 The bill is before the house.

17                 The Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    722, Assembly Print Number 6685, by 

20    Assemblymember Weinstein, an act making 

21    appropriations for the support of government.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               3098

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 62.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 Senator Gianaris, that completes the 

10    reading of the supplemental calendar.

11                 SENATOR GIANARIS:   Is there any 

12    further business at the desk?

13                 ACTING PRESIDENT PERSAUD:   There is 

14    no further business at the desk.

15                 SENATOR GIANARIS:   I move to 

16    adjourn until tomorrow, Tuesday, May 2nd, at 

17    12:00 noon.

18                 ACTING PRESIDENT PERSAUD:   On 

19    motion, the Senate stands adjourned until Tuesday 

20    at 12:00 noon.

21                 (Whereupon, at 8:26 p.m., the Senate 

22    adjourned.)

23

24

25