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Budget Bill - An act making appropriations for the support of government — 2025-05-08 · Calendar #969

The New York State Senate passed a controversial $255 billion state budget on Friday evening that includes a $10 million appropriation for attorney fees for state employees and elected officials facing investigations or prosecutions, with the measure passing 40-22 along largely party lines. The provision, which was not included in Governor Hochul's original budget proposal or 30-day amendments but was introduced by the Executive during final negotiations, would allow state officials to use taxpayer funds to hire private attorneys to defend against investigations by federal agencies—even for alleged crimes unrelated to their official duties. The measure sparked intense debate, with Republican senators and some Democrats expressing alarm that it represents an unprecedented use of public funds to defend officials against personal criminal charges. Sen. Andrew Lanza conducted extensive questioning revealing the fund could cover investigations by the FBI, U.S. Attorney's Office, and other federal agencies, and that safeguards preventing payment even after conviction are unclear. Sen. Mike Walczyk questioned whether the provision violates the state Constitution's prohibition on lending state money to private undertakings. Supporters, including Sen. Liz Krueger and Deputy Majority Leader Michael Gianaris, argued the fund is necessary to protect state officials from politically motivated federal investigations and noted that existing law already requires repayment if individuals are convicted. The budget also includes $50 million for food security, $8 million in baby benefits, $3 billion for MTA modernization, and the largest Environmental Protection Fund investment in state history. The Senate adjourned after passing the budget 40 days late.
PASSED Ayes: 40 · Nays: 22

Debate Summary

Extensive debate centered on a controversial $10 million appropriation for attorney fees for state employees and elected officials facing investigations or prosecutions. Opponents argued the fund would use taxpayer dollars to defend officials against crimes unrelated to their official duties, with minimal safeguards. Supporters contended it was necessary to protect state officials from politically motivated federal investigations, noting that existing Public Officers Law already covers official acts and that convicted individuals must repay funds. The provision was not included in the Governor's initial budget proposal, 30-day amendments, or one-house resolution, but was introduced by the Executive during final budget negotiations.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Gounardes aye Democrat
Myrie aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Chan nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican