Regular Session - April 1, 2025

                                                                   1584

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    April 1, 2025

11                     11:15 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR SHELLEY B. MAYER, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1585

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

 2                 ACTING PRESIDENT MAYER:   The Senate 

 3    will come to order.  

 4                 I ask everyone to please rise and 

 5    recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT MAYER:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT MAYER:   Reading of 

14    the Journal.

15                 THE SECRETARY:   In Senate, Monday, 

16    March 31, 2025, the Senate met pursuant to 

17    adjournment.  The Journal of Friday, March 28, 

18    2025, was read and approved.  On motion, the 

19    Senate adjourned.  

20                 ACTING PRESIDENT MAYER:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


                                                               1586

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Good morning, 

 7    Madam President.  

 8                 On behalf of Senator Cleare, I wish 

 9    to call up Senate Print 115, recalled from the 

10    Assembly, which is now at the desk.

11                 THE SECRETARY:   Calendar Number 

12    276, Senate Print 115, by Senator Cleare, an act 

13    to amend the Arts and Cultural Affairs Law.

14                 SENATOR GIANARIS:   I move to 

15    reconsider the vote by which this bill was 

16    passed.  

17                 ACTING PRESIDENT MAYER:   The 

18    Secretary will call the roll on reconsideration.

19                 (The Secretary called the roll.)

20                 THE SECRETARY:   Ayes, 53.

21                 ACTING PRESIDENT MAYER:   The bill 

22    is restored to its place on the Third Reading 

23    Calendar.  

24                 SENATOR GIANARIS:   I offer the 

25    following amendments.


                                                               1587

 1                 ACTING PRESIDENT MAYER:   The 

 2    amendments are received.

 3                 SENATOR GIANARIS:   Amendments are 

 4    also offered to the following Third Reading 

 5    Calendar bills.  

 6                 By Senator Jackson, page 10, 

 7    Calendar 260, Senate Print 1892A;

 8                 Senator Hoylman-Sigal, page 12, 

 9    Calendar 327, Senate Print 2706; 

10                 Senator Gianaris, page 13, 

11    Calendar 338, Senate Print 2462; 

12                 Senator May, page 20, Calendar 479, 

13    Senate Print 879; 

14                 And Senator Hinchey, page 26, 

15    Calendar 563, Senate Print 600. 

16                 ACTING PRESIDENT MAYER:   The 

17    amendments are received, and the bills will 

18    retain their place on the Third Reading Calendar.

19                 Senator Gianaris.  

20                 SENATOR GIANARIS:   Madam President, 

21    we're going to simultaneously call a meeting of 

22    the Rules Committee in Room 332 and take up the 

23    calendar at this time.

24                 ACTING PRESIDENT MAYER:   There will 

25    be an immediate meeting of the Rules Committee in 


                                                               1588

 1    Room 332.

 2                 The Secretary will read.

 3                 THE SECRETARY:   Calendar Number 

 4    201, Senate Print 2556, by Senator Comrie, an act 

 5    to amend the Public Authorities Law.

 6                 ACTING PRESIDENT MAYER:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 4.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 53.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    239, Senate Print 349, by Senator Skoufis, an act 

20    to amend the Public Officers Law.

21                 SENATOR LANZA:   Lay it aside.

22                 ACTING PRESIDENT MAYER:   The bill 

23    is laid aside.

24                 THE SECRETARY:   Calendar Number 

25    245, Senate Print 1787, by Senator Hinchey, an 


                                                               1589

 1    act to amend the State Law.

 2                 ACTING PRESIDENT MAYER:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT MAYER:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT MAYER:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 53.

12                 ACTING PRESIDENT MAYER:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    353, Senate Print 1855, by Senator Rivera, an act 

16    to amend the Public Health Law.

17                 ACTING PRESIDENT MAYER:   Read the 

18    last section.

19                 THE SECRETARY:   Section 9.  This 

20    act shall take effect on the 90th day after it 

21    shall have become a law.

22                 ACTING PRESIDENT MAYER:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT MAYER:   Announce 


                                                               1590

 1    the results.

 2                 THE SECRETARY:   Ayes, 53.

 3                 ACTING PRESIDENT MAYER:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    373, Senate Print 688A, by Senator Martinez, an 

 7    act to amend the Real Property Tax Law.

 8                 ACTING PRESIDENT MAYER:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT MAYER:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT MAYER:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 53.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    451, Senate Print 2590, by Senator Mayer, an act 

22    to amend the Education Law.

23                 ACTING PRESIDENT MAYER:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               1591

 1    act shall take effect July 1, 2026.

 2                 ACTING PRESIDENT MAYER:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT MAYER:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 53.

 8                 ACTING PRESIDENT MAYER:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    562, Senate Print 190, by Senator Martinez, an 

12    act to amend the Volunteer Firefighters' Benefit 

13    Law.

14                 ACTING PRESIDENT MAYER:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT MAYER:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT MAYER:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 56.

24                 ACTING PRESIDENT MAYER:   The bill 

25    is passed.


                                                               1592

 1                 THE SECRETARY:   Calendar Number 

 2    590, Senate Print 947, by Senator Jackson, an act 

 3    to amend the Real Property Law.

 4                 ACTING PRESIDENT MAYER:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT MAYER:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT MAYER:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 590, voting in the negative are 

15    Senators Ashby, Borrello, Palumbo, Rhoads and 

16    Weik.

17                 Ayes, 51.  Nays, 5.

18                 ACTING PRESIDENT MAYER:   The bill 

19    is passed.

20                 Senator Serrano, that completes the 

21    reading of today's calendar.  

22                 SENATOR SERRANO:   At this time the 

23    Senate will stand at ease.

24                 ACTING PRESIDENT MAYER:   The Senate 

25    will stand at ease.


                                                               1593

 1                 (Whereupon, the Senate stood at ease 

 2    at 11:20 a.m.)

 3                 (Whereupon, the Senate reconvened at 

 4    11:22 a.m.)

 5                 ACTING PRESIDENT MAYER:   The Senate 

 6    will return to order.

 7                 Senator Gianaris.  

 8                 SENATOR GIANARIS:   Madam President, 

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

10    desk.  Please take that up.

11                 ACTING PRESIDENT MAYER:  The 

12    Secretary will read.

13                 THE SECRETARY:   Senator 

14    Stewart-Cousins, from the Committee on Rules, 

15    reports the following bill:  

16                 Senate Print 7070, by 

17    Senator Krueger, an act making appropriations for 

18    the support of government.  

19                 The bill reports directly to third 

20    reading.  

21                 SENATOR GIANARIS:   Move to accept 

22    the report of the Rules Committee.

23                 ACTING PRESIDENT MAYER:   All those 

24    in favor of accepting the report of the 

25    Rules Committee please signify by saying aye.


                                                               1594

 1                 (Response of "Aye.")

 2                 ACTING PRESIDENT MAYER:   Opposed, 

 3    nay.

 4                 (No response.)

 5                 ACTING PRESIDENT MAYER:   The report 

 6    of the Rules Committee is accepted.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Please take up 

 9    the supplemental calendar.

10                 SENATOR LANZA:   Lay it aside.

11                 ACTING PRESIDENT MAYER:   The 

12    Secretary will read.  

13                 (Laughter.)

14                 THE SECRETARY:   Calendar Number 

15    620, Senate Print 7070, by Senator Krueger, an 

16    act making appropriations for the support of 

17    government.

18                 SENATOR GIANARIS:   Madam President, 

19    is there a message of necessity and appropriation 

20    at the desk?  

21                 ACTING PRESIDENT MAYER:   There is a 

22    message of necessity and appropriation at the 

23    desk.

24                 SENATOR GIANARIS:   I move to accept 

25    the message.


                                                               1595

 1                 ACTING PRESIDENT MAYER:   All those 

 2    in favor of accepting the message please signify 

 3    by saying aye.  

 4                 (Response of "Aye.")

 5                 ACTING PRESIDENT MAYER:   Opposed?  

 6                 (No response.)

 7                 ACTING PRESIDENT MAYER:   The 

 8    message is accepted, and the bill is before the 

 9    house.  

10                 SENATOR LANZA:   Lay it aside.

11                 (Laughter.)

12                 ACTING PRESIDENT MAYER:   Senator 

13    Lanza, the bill is laid aside.

14                 Senator Gianaris, that completes the 

15    reading of the supplemental calendar.

16                 SENATOR GIANARIS:   Can we move to 

17    the controversial calendar and begin with 

18    Senate Bill 7070, please.

19                 ACTING PRESIDENT MAYER:   The 

20    Secretary will ring the bell.

21                 The Secretary will read.

22                 THE SECRETARY:   Calendar Number 

23    620, Senate Print 7070, by Senator Krueger, an 

24    act making appropriations for the support of 

25    government.


                                                               1596

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    O'Mara, why do you rise?

 3                 SENATOR O'MARA:   Thank you, 

 4    Madam President.

 5                 I was wondering if Senator Krueger 

 6    would answer a few questions.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Krueger, do you yield?  

 9                 SENATOR KRUEGER:   I do, 

10    Madam President.

11                 ACTING PRESIDENT MAYER:   The 

12    Senator yields.

13                 SENATOR O'MARA:   Thank you.  

14                 So we're here with an extender on 

15    April 1st.  The budget was due to be done 

16    midnight last night.  How long does this extender 

17    extend the operations of state government?  

18                 SENATOR KRUEGER:   Through you, 

19    Madam President, till Thursday.

20                 SENATOR O'MARA:   Through you, 

21    Madam President, if the Senator will continue to 

22    yield.  

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?  

25                 SENATOR KRUEGER:   I do.


                                                               1597

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.

 3                 SENATOR O'MARA:   What is the status 

 4    of the budget discussions at this point?  We're 

 5    really not hearing much of anything other than 

 6    rumor and innuendo in the media.  

 7                 Can you give us and New Yorkers a 

 8    sense of where we are in the budget and when you 

 9    expect us to see budget bills and actually vote 

10    on an actual budget?

11                 SENATOR KRUEGER:   Through you, 

12    Madam President, I would love to be able to 

13    answer the question "When will we see budget 

14    bills?"  I too read the press.  So apparently the 

15    Director of Budget for the Governor has said that 

16    until such time as she resolves a number of key 

17    policy issues for herself, we're not continuing 

18    discussions about the actual budget.  

19                 So personally, that's quite 

20    frustrating to me.  I think we can do both things 

21    at once, but apparently that is not in the cards, 

22    so I do not know the answer when we will actually 

23    get to the budget bills.

24                 SENATOR FELDER:   (No mic.)  2027.

25                 SENATOR KRUEGER:   I missed that.


                                                               1598

 1                 SENATOR O'MARA:   Through you, 

 2    Madam President, if the Senator will yield.

 3                 ACTING PRESIDENT MAYER:   Does the 

 4    Senator continue to yield?

 5                 SENATOR KRUEGER:   Just this 

 6    Senator, right?  

 7                 ACTING PRESIDENT MAYER:   Yes, just 

 8    that Senator.

 9                 SENATOR KRUEGER:   Yes, 

10    Senator O'Mara, I yield to you.  

11                 SENATOR O'MARA:   What are the 

12    policy issues, in your understanding, that are 

13    out there?  

14                 I've heard of discovery reform and 

15    I've heard of involuntary commitment being the 

16    hang-ups.  Are there others that you're aware of?  

17                 SENATOR KRUEGER:   I believe that 

18    cell-to-cell -- excuse me.  Cellphones 

19    bell-to-bell is continuing in discussion as well.  

20                 So I think those three things.

21                 SENATOR O'MARA:   Thank you.  

22                 Madam President, if the Senator will 

23    continue to yield.

24                 ACTING PRESIDENT MAYER:   Do you 

25    continue to yield?  


                                                               1599

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Krueger yields to Senator O'Mara.

 4                 SENATOR O'MARA:   Late last week or 

 5    maybe it was even over the weekend I saw in the 

 6    news Speaker Heastie saying they were waiting on 

 7    the Governor to deliver language on these policy 

 8    issues.  

 9                 Do you know if any language on these 

10    various issues has even been presented to the 

11    leadership of either the Assembly or the Senate?  

12                 SENATOR KRUEGER:   So I have no idea 

13    what materials have gone back and forth in the 

14    Assembly.  Obviously I'm in the Senate.  

15                 I know I had a meeting with the 

16    Governor's people on Friday and asked for written 

17    proposals and was told they were not available.  

18    I don't know whether anything since then has been 

19    submitted to either house's leadership.

20                 SENATOR O'MARA:   Thank you.  

21                 Madam President, if the Senator will 

22    continue to yield.  

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?  

25                 SENATOR KRUEGER:   Yes.


                                                               1600

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.

 3                 SENATOR O'MARA:   Since these policy 

 4    issues are holding up all the other discussions, 

 5    as you said, I assume there are no table targets 

 6    yet, is that correct?

 7                 SENATOR KRUEGER:   Yes, 

 8    Madam President, I believe that that is correct.

 9                 SENATOR O'MARA:   Thank you.  

10                 Madam President, if the Senator will 

11    continue to yield.

12                 ACTING PRESIDENT MAYER:   Do you 

13    continue to yield?  

14                 SENATOR KRUEGER:   Yes.

15                 ACTING PRESIDENT MAYER:   The 

16    Senator yields.

17                 SENATOR O'MARA:   When do you 

18    anticipate us seeing budget bills?  

19                 SENATOR KRUEGER:   Madam President, 

20    it's April Fool's Day, so I don't want to give 

21    any hypotheticals that could then perhaps be used 

22    as a way of accusing me of making a joke.

23                 So absent the fact that I don't know 

24    the answer, I'll just say I don't know the 

25    answer.


                                                               1601

 1                 SENATOR O'MARA:   Thank you.

 2                 Madam President, if the Senator will 

 3    continue to yield.

 4                 ACTING PRESIDENT MAYER:   Do you 

 5    continue to yield?  

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Senator yields.

 9                 SENATOR O'MARA:   Thank you, 

10    Senator.  And I'd be the last one to call you a 

11    fool even if it is April Fools' Day.  No -- no --

12                 SENATOR KRUEGER:   Madam President, 

13    through you, thank you very much, Senator O'Mara.

14                 SENATOR O'MARA:   -- no worries -- 

15    no worries there.

16                 On the extender itself, what is the 

17    total amount of dollars being allocated here?

18                 SENATOR KRUEGER:   The bill provides 

19    $1.7 billion in appropriation authority to meet 

20    payroll costs to allow certain payments for the 

21    Department of Health, the Medical Assistance 

22    Administration Program, the Department of Labor, 

23    the Office of Mental Health, and the Department 

24    of Veterans' Affairs.

25                 SENATOR O'MARA:   Thank you, 


                                                               1602

 1    Madam President.  If the Senator will continue to 

 2    yield.

 3                 ACTING PRESIDENT MAYER:   Do you 

 4    continue to yield?

 5                 SENATOR KRUEGER:   Indeed.

 6                 ACTING PRESIDENT MAYER:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   My understanding 

 9    of that total 1.7 billion is that 1.1 billion of 

10    that is for Medicaid expenditures.  Can you tell 

11    us what period of time that's covering?

12                 SENATOR KRUEGER:   One second.  

13                 Approximately one week, 

14    Madam President.

15                 SENATOR O'MARA:   Through you, 

16    Madam President, if the Senator will continue to 

17    yield.

18                 ACTING PRESIDENT MAYER:   Do you 

19    continue to yield?  

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT MAYER:   The 

22    Senator yields.

23                 SENATOR O'MARA:   So that is 

24    extending payments beyond the length of this 

25    extender, which is Thursday.  What -- or when do 


                                                               1603

 1    you expect us to see the next extender bill?  

 2    Would it be Thursday?  

 3                 Because, you know, in my experience 

 4    here, even if there was a complete agreement on 

 5    the budget this afternoon, we wouldn't be done, 

 6    finished with it, printing and debating, by 

 7    Thursday anyway.  

 8                 So what's your expectation of having 

 9    to do another extender, and when will we do that? 

10                 SENATOR KRUEGER:   Senator O'Mara 

11    and I have both been in this town a long time.  I 

12    think we have the same analysis.  Even if somehow 

13    we finished all the agreements and disagreements 

14    in the budget by this afternoon, we would not 

15    have budget bills ready and in print and able to 

16    be voted on.  

17                 So yes, I believe we will do another 

18    extender on Thursday.

19                 SENATOR O'MARA:   Thank you, 

20    Madam President.  That's all.

21                 SENATOR KRUEGER:   Thank you.

22                 ACTING PRESIDENT MAYER:   Are there 

23    any other Senators wishing to be heard?

24                 Seeing and hearing none, the debate 

25    is closed.  The Secretary will ring the bell.


                                                               1604

 1                 Read the last section.

 2                 THE SECRETARY:   Section 12.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT MAYER:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Murray to explain his vote.

 9                 SENATOR MURRAY:   Thank you, 

10    Madam President.  

11                 I just want to point out as part of 

12    this extender the portion here, the 350,000 for 

13    state employee MTA mobility tax offset.  If this 

14    is for three days, according to my calculations, 

15    that means the state's paying about 117,000 per 

16    day to the MTA here.  

17                 As the budget negotiations continue, 

18    I urge you to resist the urge to impose more of 

19    an MTA payroll tax all across the region, as we 

20    are paying -- as many feel -- more than enough.  

21    In fact, rather than filling the supposed gap 

22    with more money from New Yorkers, and out of 

23    their pockets, perhaps maybe some fiscal 

24    oversight and proper management might be the way 

25    to go.


                                                               1605

 1                 Over the past five years we lost 

 2    almost $4 billion to toll and fare evasion.  Last 

 3    year set a record in overtime:  $1.42 billion.  

 4    That's not on the workers; they're just doing 

 5    their job.  That's on management.  That's 

 6    mismanagement.  

 7                 So we pay in so many different ways.  

 8    Local governments pay.  Community colleges pay.  

 9    Hospitals pay.  This is all the MTA payroll tax 

10    right now.  Anyone with a cellphone right now is 

11    paying every single month.  They're already 

12    paying state and local subsidies, fares and 

13    tolls, New York Mansion Tax, internet marketplace 

14    tax, for-hire vehicle surcharges, federal aid -- 

15    it goes on and on.

16                 My point?  We're giving them enough 

17    money.  It's time they clean up their act.  So as 

18    we're putting together the final budget, please 

19    keep that in mind.  Give New Yorkers a break.  

20    Give Long Islanders a break.  

21                 Thank you, Madam President.

22                 ACTING PRESIDENT MAYER:   Senator 

23    Murray, how do you vote?

24                 SENATOR MURRAY:   I'm voting aye on 

25    the extension.


                                                               1606

 1                 ACTING PRESIDENT MAYER:   You're 

 2    voting aye on the extension.

 3                 SENATOR MURRAY:   Yeah.

 4                 ACTING PRESIDENT MAYER:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 57.

 7                 ACTING PRESIDENT MAYER:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    239, Senate Print 349, by Senator Skoufis, an act 

11    to amend the Public Officers Law.

12                 ACTING PRESIDENT MAYER:   Senator 

13    Walczyk, why do you rise?

14                 SENATOR WALCZYK:   Madam President, 

15    would the sponsor yield.  

16                 ACTING PRESIDENT MAYER:   Senator 

17    Skoufis, do you yield?  

18                 SENATOR SKOUFIS:   Of course.

19                 ACTING PRESIDENT MAYER:   The 

20    Senator yields.

21                 SENATOR WALCZYK:   What budget bill 

22    are we on?

23                 SENATOR SKOUFIS:   Through you, 

24    Madam President, we're not on a budget bill.

25                 SENATOR WALCZYK:   Through you, 


                                                               1607

 1    Madam President, would the --

 2                 SENATOR SKOUFIS:   We're on 

 3    Bill 349, I believe it is.

 4                 SENATOR WALCZYK:   Through you, 

 5    Madam President, would the sponsor continue to 

 6    yield.

 7                 ACTING PRESIDENT MAYER:   Do you 

 8    continue to yield?  

 9                 SENATOR SKOUFIS:   Yes.

10                 ACTING PRESIDENT MAYER:   The 

11    Senator yields.  

12                 SENATOR WALCZYK:   What is the 

13    purpose of this bill?  

14                 SENATOR SKOUFIS:   Through you, 

15    Madam President.  The purpose of this bill is 

16    very straightforward.  I'll note it's a bill that 

17    you voted for a couple of years ago.  

18                 And it simply extends the types of 

19    entities that are subjected to FOIL, specifically 

20    those entities -- and I'm quoting from the bill 

21    language here, it's just a one-clause bill:  

22    "Entities created by an agency that are governed 

23    by a board of directors or similar body, a 

24    majority of which is designated by one or more 

25    state or local government officials."


                                                               1608

 1                 SENATOR WALCZYK:   Through you, 

 2    Madam President, would the sponsor continue to 

 3    yield.

 4                 ACTING PRESIDENT MAYER:   Do you 

 5    continue to yield?  

 6                 SENATOR SKOUFIS:   Yes.

 7                 ACTING PRESIDENT MAYER:   The 

 8    Senator yields.  

 9                 SENATOR WALCZYK:   Was there a 

10    particular problem with any of those entities 

11    that your bill looks to address that created the 

12    concern and this legislation came out of that?

13                 SENATOR SKOUFIS:   Through you, 

14    Madam President.  This has been, I would argue, a 

15    pervasive problem both at the state government 

16    level as well as the local government level.

17                 There's an Empire Center report -- 

18    an organization I know you're familiar with, 

19    Senator Walczyk -- that outlines how the 

20    Department of Health, effectively off-budget, 

21    sends about a fifth, one-fifth of their budget to 

22    a quasi-government organization called the 

23    Health Research, Inc., that the Department of 

24    Health commissioner typically leads, that is not 

25    subject to FOIL, for example.  


                                                               1609

 1                 In your own district, the Watertown 

 2    Local Development Corporation.  There are many 

 3    LDCs around the state that are not subject to 

 4    FOIL but facilitate millions -- if not many more 

 5    dollars than millions -- of taxpayer funds to 

 6    local projects that are not subjected to FOIL.  

 7                 And so I'm actually surprised you 

 8    have not heard that this is an issue or problem 

 9    from your taxpayers, in your district and every 

10    district that wants to know where their money is 

11    going.

12                 SENATOR WALCZYK:   Through you, 

13    Madam President, would the sponsor continue to 

14    yield.

15                 ACTING PRESIDENT MAYER:   Do you 

16    continue to yield?  

17                 SENATOR SKOUFIS:   Yes.

18                 ACTING PRESIDENT MAYER:   The 

19    Senator yields.

20                 SENATOR WALCZYK:   The question was 

21    about the onus of this legislation.  Where did 

22    the idea come from, and what problem, when it was 

23    introduced, were we trying to address?  This has 

24    been around since 2015, '17, somewhere in there, 

25    right?


                                                               1610

 1                 SENATOR SKOUFIS:   Through you, 

 2    Madam President, I believe it's been around since 

 3    2013.  This chamber has passed it many times.  

 4                 And for myself, the instance that 

 5    comes to mind that prompted me to take some 

 6    action on this particular problem, is in 

 7    Orange County there was an LDC formed by the 

 8    county government to skirt the Freedom of 

 9    Information Law as they sought to sell off a I 

10    believe century-old public county-owned nursing 

11    home.  That effort ultimately did fail.  

12                 But, you know, we all have, if 

13    you're paying attention, we all have local 

14    instances vis-a-vis LDCs or other types of 

15    workaround entities that we can likely all speak 

16    to.  

17                 And then more recently the Committee 

18    on Open Government specifically recommended that 

19    we take this action as well.

20                 SENATOR WALCZYK:   Through you, 

21    Madam President, will the sponsor continue to 

22    yield.

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?  

25                 SENATOR SKOUFIS:   Yes.


                                                               1611

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.  

 3                 SENATOR WALCZYK:   My understanding 

 4    is that the onus for the original introduction of 

 5    this bill had to do with nonprofits that were set 

 6    up as real estate arms for things like SUNY 

 7    Polytechnic Institute, and that the Cuomo 

 8    administration had awarded contracts, there were 

 9    campaign donations in question.  There was a lot 

10    of reporting about it.  

11                 Would the legislation still impact 

12    those types of situations?

13                 SENATOR SKOUFIS:   Through you, 

14    Madam President.  Broadly, yes.  

15                 You know, you made reference to I 

16    think SUNY Poly, which obviously dealt with -- 

17    this is going back a decade or so ago -- a series 

18    of alleged corrupt acts.  And yes, this bill 

19    would broadly apply to entities like that.

20                 SENATOR WALCZYK:   And through you, 

21    Madam President, would the sponsor continue to 

22    yield.  

23                 ACTING PRESIDENT MAYER:   Do you 

24    continue to yield?  

25                 SENATOR SKOUFIS:   Yes.


                                                               1612

 1                 ACTING PRESIDENT MAYER:   The 

 2    Senator yields.

 3                 SENATOR WALCZYK:   I know it's going 

 4    back a decade, but many will remember the 

 5    headlines.  The U.S. Attorney was actually 

 6    investigating some of these things when it came 

 7    to improper bidding, bid rigging, members of 

 8    boards not having any accountability.  And 

 9    Governor Andrew Cuomo at the time said, "I don't 

10    have any control over any of these boards."

11                 Would this bill still address those 

12    situations?  

13                 SENATOR SKOUFIS:   Through you, 

14    Madam President.  If the entity is established by 

15    an existing agency or government, state or local, 

16    and the state or local government is appointing a 

17    majority of the board members to that entity, 

18    then yes.

19                 SENATOR WALCZYK:   And through you, 

20    Madam President, would the sponsor continue to 

21    yield.

22                 ACTING PRESIDENT MAYER:   Do you 

23    continue to yield?  

24                 SENATOR SKOUFIS:   Yes.

25                 ACTING PRESIDENT MAYER:   The 


                                                               1613

 1    Senator yields.

 2                 SENATOR WALCZYK:   You said state or 

 3    local.  So Governor Cuomo is now running for 

 4    mayor of New York City.  This will also impact 

 5    New York City as well?  

 6                 SENATOR SKOUFIS:   Through you, 

 7    Madam President, yes.

 8                 SENATOR WALCZYK:   And through you, 

 9    Madam President, would the sponsor continue to 

10    yield.

11                 ACTING PRESIDENT MAYER:   Do you 

12    continue to yield?

13                 SENATOR SKOUFIS:   Yes.

14                 ACTING PRESIDENT MAYER:   The 

15    Senator yields.

16                 SENATOR WALCZYK:   Does this 

17    continue to be a pervasive problem with the 

18    Hochul administration in a lot of these 

19    instances?  

20                 SENATOR SKOUFIS:   Through you, 

21    Madam President.  I don't think this is a new 

22    problem that any administration is creating.  

23    This is a decades-long, very longstanding issue.  

24                 And look, some would likely argue 

25    this is not a problem.  I am arguing that it is, 


                                                               1614

 1    and that's why we're taking up this bill.

 2                 SENATOR WALCZYK:   Through you, 

 3    Madam President, would the sponsor continue to 

 4    yield.

 5                 ACTING PRESIDENT MAYER:   Do you 

 6    continue to yield?

 7                 SENATOR SKOUFIS:   Yes.

 8                 ACTING PRESIDENT MAYER:   The 

 9    Senator yields.

10                 SENATOR WALCZYK:   You know, at the 

11    start of this debate you reminded us that we've 

12    passed this many times.  I've voted for it in the 

13    past, and I hope that it does become law.  I 

14    think it's very important to have that 

15    accountability.  

16                 We've passed this the last four 

17    years in this chamber.  What's going on in the 

18    other house?  Why hasn't this been taken up in 

19    the Assembly at all?  

20                 SENATOR SKOUFIS:   Through you, 

21    Madam President, I think that's a wonderful 

22    question and I would love to know the answer as 

23    well.

24                 SENATOR WALCZYK:   Through you, 

25    Madam President, would the sponsor continue to 


                                                               1615

 1    yield.  

 2                 ACTING PRESIDENT MAYER:   Do you 

 3    continue to yield?  

 4                 SENATOR SKOUFIS:   Yes.

 5                 ACTING PRESIDENT MAYER:   The 

 6    Senator yields.  

 7                 SENATOR WALCZYK:   Well, I was 

 8    hoping to get some kind of feedback.  

 9                 As you're the sponsor of it, I'm 

10    sure that you have some interest in seeing it get 

11    through the other house.  Is there something we 

12    can do in a bipartisan fashion to assist?  Or are 

13    there some issues with the Assembly over there?  

14                 SENATOR SKOUFIS:   Through you, 

15    Madam President.  Broadly, I believe that there 

16    are some in the Assembly that don't want to lose 

17    the ability for local governments to have access 

18    to these workaround entities.  

19                 And again, I would argue that is a 

20    problem that we should all be seeking to address.  

21    And so I certainly welcome your or anyone's 

22    support with the other chamber in an effort to 

23    try and get them to take up this bill.

24                 SENATOR WALCZYK:   Thank you, 

25    Madam President.


                                                               1616

 1                 SENATOR SKOUFIS:   Thank you.

 2                 ACTING PRESIDENT MAYER:   Are there 

 3    any other Senators wishing 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 on the 90th day after it 

 9    shall have become a law.

10                 ACTING PRESIDENT MAYER:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT MAYER:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 57.

16                 ACTING PRESIDENT MAYER:   The bill 

17    is passed.

18                 Senator Gianaris, that completes the 

19    reading of today's calendar.

20                 SENATOR GIANARIS:   Is there any 

21    further business at the desk?

22                 ACTING PRESIDENT MAYER:   There is 

23    no further business at the desk.

24                 SENATOR GIANARIS:   I move to 

25    adjourn until tomorrow, Wednesday, April 2nd, at 


                                                               1617

 1    3:00 p.m.

 2                 ACTING PRESIDENT MAYER:   On motion, 

 3    the Senate stands adjourned until Wednesday, 

 4    April 2nd, at 3:00 p.m.

 5                 (Whereupon, at 11:40 a.m., the 

 6    Senate adjourned.)

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