Regular Session - February 26, 2024

                                                                   785

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 26, 2024

11                      3:21 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  


                                                               786

 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 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 PERSAUD:   Rabbi 

 9    Mark Getman, of Temple Emanu-El of Canarsie, in 

10    Brooklyn, New York, will deliver today's 

11    invocation.

12                 RABBI GETMAN:   Almighty God, light 

13    of truth, we call on Your spirit to guide all 

14    elected leaders in New York State, from the 

15    Governor's office to those gathered here today in 

16    this legislative session, to all local villages, 

17    towns, and all those in elected and appointed 

18    positions throughout the state.  

19                 Instill in them the integrity, 

20    empathy, and refusal to ignore injustice that 

21    defined George Washington when he bid his 

22    officers farewell in 1783, charging them to 

23    establish rule of law upon immutable principles 

24    of private morality.

25                 Inspire them by the Roosevelts' 


                                                               787

 1    profound call for economic reform and basic 

 2    dignity when masses sought deliverance from 

 3    poverty's grip.  

 4                 Equip leaders now to combat whatever 

 5    threatens residents' well-being or denies anyone 

 6    an equal chance to thrive, and to observe their 

 7    beliefs without prejudice or discrimination.

 8                 When some turn neighbor against 

 9    neighbor because of religious creed or ethnic 

10    origin, ignite again Lady Liberty's light, 

11    inviting all hurt, hungry and oppressed to 

12    shelter here regardless of identity, background 

13    or origin.  

14                 Just as FDR strengthened leaders to 

15    overcome tyranny abroad, steel their resolve now 

16    to defeat intolerances, threats from within.  

17    Help them enact policies and forge partnerships 

18    across faiths and across political affiliations, 

19    to protect religious freedoms for all.

20                 Where racism still casts its shadow 

21    over hopes, and xenophobia and antisemitism rears 

22    up to spread fear, compel leaders, as 

23    Eleanor Roosevelt did, to follow the heart's 

24    truth and do what you feel to be right, for 

25    you'll be criticized anyway.


                                                               788

 1                 Make them tireless advocates, 

 2    bridging divides to affirm the equal claim to 

 3    life and liberty You intend for every child You 

 4    created, whatever their skin tone or background.

 5                 Thus, let freedom ring from 

 6    Buffalo's shores to Staten Island's heights:  

 7    Freedom of speech and worship.  Freedom to walk 

 8    safely, unafraid of violence.  Freedom from want 

 9    so none are denied education, shelter, housing or 

10    care.

11                 May You also lift up the brave men 

12    and women, veterans of New York's greatest 

13    military forces, our police forces, EMTs, firemen 

14    and those who serve on the front lines, those who 

15    have served and continue to serve our state and 

16    nation, hazarding their lives in defense of 

17    freedom.  

18                 From Revolutionary War patriots at 

19    Saratoga to Civil War regiments marching to save 

20    the Union, from the Fighting 69th forged on 

21    Manhattan streets to the famed Rainbow Division, 

22    troops who valiantly spilled their blood for 

23    humanity in world wars, from troops rushing 

24    without hesitation to help on 9/11 and, after, to 

25    natural disasters in their own backyards, to 


                                                               789

 1    legions deployed now around the globe, their 

 2    selfless service echoes in these halls.  

 3                 Bless them; heal their wounds, both 

 4    seen and unseen; comfort their families awaiting 

 5    their safe return.  May their sacrifices remind 

 6    those here of the incredible blessings we enjoy, 

 7    and compel us to strengthen liberty's foundations 

 8    where generations of soldiers, sailors, air crews 

 9    fought fierce battles to secure our freedoms.

10                 We ask that Lady Liberty's torch 

11    blaze abright, summoning outcasts and proclaiming 

12    Your desire for justice to dwell in our halls of 

13    power even as it does in heaven.

14                 As these elected representatives 

15    begin their work today and this week, may they be 

16    guided by wisdom, compassion, and a spirit of 

17    selfless public service.  Help them to put aside 

18    differences and agendas, to help them find common 

19    ground for the betterment of our state and all 

20    its residents.  Bless their efforts as they 

21    allocate resources, they draft policies and make 

22    decisions that impact so many.  And may all that 

23    transpires here be for the greater good.  

24                 May God bless the United States of 

25    America, bless the State of New York, its 


                                                               790

 1    citizens, and everyone.  Amen.  

 2                 (Response of "Amen.")

 3                 ACTING PRESIDENT PERSAUD:   Reading 

 4    of the Journal.

 5                 THE SECRETARY:   In Senate, Sunday, 

 6    February 25, 2024, the Senate met pursuant to 

 7    adjournment.  The Journal of Saturday, 

 8    February 24, 2024, was read and approved.  On 

 9    motion, the Senate adjourned.

10                 ACTING PRESIDENT PERSAUD:   Without 

11    objection, the Journal stands approved as read.

12                 Presentation of petitions.

13                 Messages from the Assembly.

14                 Messages from the Governor.  

15                 Reports of standing committees.

16                 Reports of select committees.

17                 Communications and reports from 

18    state officers.  

19                 Motions and resolutions.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Madam President, 

22    good afternoon.  

23                 Amendments are offered to the 

24    following Third Reading Calendar bills:  

25                 By Senator Thomas, on page 24, 


                                                               791

 1    Calendar 300, Senate Print 509; 

 2                 By Senator Fernandez, on page 29, 

 3    Calendar 350, Senate Print 4555A; 

 4                 By Senator Brouk, on page 29, 

 5    Calendar 353, Senate Print 7780;

 6                 And by Senator Sepúlveda, page 30, 

 7    Calendar 368, Senate Print 3318.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    amendments are received, and the bills will 

10    retain their place on the Third Reading Calendar.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Please recognize 

13    Senator Lanza for a motion.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Lanza for a motion.

16                 SENATOR LANZA:   Thank you, 

17    Senator Gianaris.  

18                 Madam President, on behalf of 

19    Senator Tedisco, on page 34 I offer the following 

20    amendments to Calendar 400, Senate Print 7547, 

21    and ask that said bill retain its place on 

22    Third Reading Calendar.

23                 ACTING PRESIDENT PERSAUD:   The 

24    amendments are received, and the bill will retain 

25    its place on the Third Reading Calendar.


                                                               792

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Please recognize 

 3    Senator Myrie for an introduction.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Myrie for an introduction.

 6                 SENATOR MYRIE:   Thank you, 

 7    Madam President.  

 8                 In the past I would have been an 

 9    unusual suspect for this introduction.  You see I 

10    have the red scarf on, introducing some 

11    New Yorkers who care deeply about the 

12    Adirondack Park here in this state.  

13                 A couple of years ago we were able 

14    as a Legislature to pass in the budget the 

15    Timbuctoo Summer Climate and Careers Institute.  

16    And what that represented was giving kids from 

17    New York City an opportunity to come upstate and 

18    go to the Adirondack Park and see future career 

19    paths in fighting climate, and to also experience 

20    the Adirondack Park that belongs to them just 

21    like it belongs to every single New Yorker.

22                 So they are up here today, some from 

23    my district, but from all over the City of 

24    New York, having been alums of last year's 

25    program and they're back here today advocating 


                                                               793

 1    for more.  They are fighting for environmental 

 2    policies that protect our climate.  They are 

 3    fighting for cleaner water, for protection of our 

 4    wilderness and for green job creation.  

 5                 And so I'm really honored to present 

 6    and introduce them in this Senate chamber, 

 7    because just like the Adirondack Park, this is 

 8    their house as well.  So if you could, 

 9    Madam President, extend to them all of the 

10    courtesies of the house.  

11                 And thank you all for making the 

12    trip up today.

13                 ACTING PRESIDENT PERSAUD:   To our 

14    guests, I welcome you on behalf of the Senate.  

15    We extend to you the privileges and courtesies of 

16    this house.  Please rise and be recognized.

17                 (Standing ovation.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Gianaris.

20                 SENATOR GIANARIS:   Next up, can you 

21    please recognize Senator Hoylman-Sigal for an 

22    introduction.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Hoylman-Sigal for an introduction.

25                 SENATOR HOYLMAN-SIGAL:   Thank you, 


                                                               794

 1    Madam President and Deputy Leader Gianaris.  

 2                 I'm here today, Madam Speaker, to 

 3    announce a very special guest on my right from my 

 4    district on Manhattan's West Side, Dr. Sean M.  

 5    Decatur.  

 6                 Dr. Decatur was selected in 

 7    December 2022 to serve as the president of the 

 8    American Museum of Natural History.  He made 

 9    history as the museum's first Black leader.  

10                 Since this Legislature incorporated 

11    it in 1869, the Museum of Natural History has 

12    been one of our country's most celebrated 

13    institutions, a cultural icon and a source of 

14    fond childhood and -- speaking for myself -- 

15    adult memories.

16                 The museum averages almost 5 million 

17    visitors annually, many of whom come from abroad, 

18    and I imagine some of our guests in the gallery 

19    today have been there as well.

20                 This year President Decatur oversaw 

21    opening the new Gilder Center for Science, 

22    Education, and Innovation, an architecturally 

23    stunning new wing, Madam President, if you 

24    haven't been, whose atrium recalls a granite 

25    canyon cliff face.  The wing is both spectacular 


                                                               795

 1    and functional, housing an insectarium, a 

 2    butterfly conservatory, new classrooms, a 

 3    laboratory, and a theater.  And most importantly, 

 4    the new Gilder Center has welcomed 500,000 new 

 5    constituents of mine, in the form of Trinidadian 

 6    leaf-cutter ants.  Quite a sight to behold.

 7                 President Decatur was born in 

 8    Cleveland and has spent much of his professional 

 9    life working in education.  After getting his 

10    doctorate at Stanford, he served in numerous 

11    academic roles at Mount Holyoke College and 

12    Oberlin, before his latest role as president of 

13    Kenyon College in Ohio.  

14                 Let me just add and close on this.  

15    Last October the Natural History Museum began to 

16    overhaul its stewardship of a very difficult and 

17    thorny issue.  The museum has formerly held 

18    12,000 human remains in its collection.  It has 

19    removed all of those human remains on public 

20    display.  This decision followed a recognition of 

21    these remains' deeply troubled history.  Some of 

22    the bones belonged to enslaved New Yorkers and 

23    Indigenous peoples.  Many were acquired to serve 

24    eugenicist turn-of-the-century research agendas.  

25                 So I want to commend Dr. Decatur for 


                                                               796

 1    his foresight and vision in leading the museum, 

 2    as well as welcoming him to this the Senate 

 3    floor.  

 4                 And I urge you, Madam President, as 

 5    we say, to extend him every privilege of the 

 6    house.  Thank you.

 7                 ACTING PRESIDENT PERSAUD:   

 8    Dr. Decatur, I welcome you on behalf of the 

 9    Senate, and we extend to you the privileges and 

10    courtesies of this house.  

11                 Please rise and be recognized.

12                 (Standing ovation.)

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Gianaris.

15                 SENATOR GIANARIS:   Can we now take 

16    up previously adopted Resolution 1642, by 

17    Senator Sepúlveda, read its title, and recognize 

18    Senator Sepúlveda.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Secretary will read.

21                 THE SECRETARY:   Resolution 1642, by 

22    Senator Sepúlveda, commending Dr. Rafael A. 

23    Lantigua for his exceptional achievements and 

24    contributions to medicine and community service 

25    in New York State.


                                                               797

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Sepúlveda on the resolution.

 3                 SENATOR SEPÚLVEDA:   Thank you, 

 4    Madam President, for allowing me to present this 

 5    resolution.

 6                 Since I've been an elected Senator 

 7    I've brought several people to this chamber, 

 8    people that I'm very proud to have worked with or 

 9    worked for or the achievements that they've done 

10    for the State of New York.  And today I am 

11    extremely honored to present to us a great 

12    American, a great figure here in New York State 

13    and New York City, Dr. Rafael A. Lantigua, a 

14    figure whose contributions to medicine and 

15    community service has profoundly impacted 

16    New York and beyond.

17                 Dr. Lantigua has been celebrated by 

18    several, including the Dominican President Luis 

19    Abinader, Congressman Adriano Espaillat, and 

20    every single mayor and governor over the last 

21    20 years have all reached out for his counsel 

22    because of his work in medicine and his 

23    dedication to excellence.

24                 His journey from La Universidad 

25    Autonoma de Santo Domingo to Colombia University 


                                                               798

 1    highlights a commitment to advancing healthcare, 

 2    particularly for minority populations.  Through 

 3    his research on the issue of aging and 

 4    Alzheimer's amongst Latinos, Dr. Lantigua has 

 5    addressed critical health disparities, enriching 

 6    both medical and public health facilities and 

 7    public health matters.

 8                 Beyond his commitment and his 

 9    medical achievements, Dr. Lantigua's involvement 

10    in community service underscores his deep 

11    commitment to advocacy and support.  Recognized 

12    by numerous awards for his service, especially to 

13    the Latino and Dominican community in New York, 

14    his work reflects a profound dedication to the 

15    betterment of their lives.  

16                 Make no doubt that Dr. Lantigua is a 

17    revered man in the Dominican community and the 

18    Latino community for his role in helping some of 

19    the poorest communities that exist in New York 

20    State and the United States.  He's a hero to many 

21    here and in the Dominican Republic.  

22                 In recognition of his outstanding 

23    contributions, we not only present Resolution 

24    Number 1642, but also the prestigious 

25    Presidential Volunteer Award Medal which was 


                                                               799

 1    issued by -- which will be issued by me on behalf 

 2    of President Biden.

 3                 This dual celebration and honor is 

 4    for Dr. Lantigua's exceptional service and his 

 5    significant role as a leader and advocate in our 

 6    community.  Dr. Lantigua, on behalf of the State 

 7    of New York and a grateful nation, we thank you 

 8    for your unwavering dedication and impactful work 

 9    to the people in this state.  

10                 I am honored, I am extremely honored 

11    to present you with this recognition.  

12                 And a quick note in Spanish.  

13    (Previous remarks in Spanish.)  Thank you.

14                 ACTING PRESIDENT PERSAUD:   Thank 

15    you, Senator.

16                 Senator Jackson on the resolution.

17                 SENATOR JACKSON:   Thank you, 

18    Madam President.  

19                 I rise in order to congratulate 

20    Dr. Rafael Lantigua for his service not only in 

21    the Washington Heights and Inwood area, but the 

22    entire city.

23                 And in fact, I've lived in 

24    Washington Heights ever since 1975, when I 

25    graduated from college, and Dr. Lantigua has been 


                                                               800

 1    a part of bringing the community together, and 

 2    especially when it comes to health and wellness.

 3                 And so I've known him to be directly 

 4    involved in improving the outcomes of the people 

 5    in our community -- but not only that, extending 

 6    that to all parts of New York City.

 7                 I'm here to say that I'm proud of 

 8    what he's done.  I'm happy that he's still 

 9    involved in bringing the community together from 

10    the point of unity and healthwise.  And so I 

11    thank my colleague Luis Sepúlveda for bringing 

12    him up here so we can honor him today.

13                 Congratulations.

14                 Thank you.

15                 ACTING PRESIDENT PERSAUD:   Thank 

16    you, Senator.

17                 Senator Cleare on the resolution.

18                 SENATOR CLEARE:   Thank you, 

19    Madam President.

20                 I rise today also to thank 

21    Dr. Lantigua for his work in the community, 

22    underserved community, long before others were 

23    paying attention -- all that he has done for the 

24    Dominican community, and being a trusted voice 

25    and a leader.  Not just a medical professional, 


                                                               801

 1    but a leader, a true leader in our community.  

 2                 I congratulate you on your award 

 3    today.

 4                 Thank you, Senator Sepúlveda, for 

 5    giving us this opportunity.  

 6                 And I proudly vote aye.

 7                 ACTING PRESIDENT PERSAUD: 

 8    Dr. Lantigua, I welcome you on behalf of the 

 9    Senate.  We extend to you the privileges and 

10    courtesies of this house.  

11                 Please rise and be recognized.

12                 (Standing ovation.)

13                 ACTING PRESIDENT PERSAUD:   The 

14    resolution was adopted on January 30th.

15                 Senator Gianaris.

16                 SENATOR GIANARIS:   Please take up 

17    the reading -- oh, I'm sorry.  Before we do that, 

18    at the request of Senator Sepúlveda, that 

19    resolution is open for cosponsorship.  

20                 ACTING PRESIDENT PERSAUD:   The 

21    resolution is open for cosponsorship.  Should you 

22    choose not to be a cosponsor on the resolution, 

23    please notify the desk.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Now please take 


                                                               802

 1    up the reading of the calendar.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Calendar Number 87, 

 5    Senate Print 4711, by Senator Martinez, an act to 

 6    amend the Volunteer Firefighters Benefit Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect immediately.  

11                 ACTING PRESIDENT PERSAUD:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Webb to explain her vote.  (Pause.)

16                 Announce the results.

17                 THE SECRETARY:   Ayes, 55.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    148, Senate Print 1979, by Senator Cleare, an act 

22    in relation to requiring the Empire State 

23    Development Corporation, in consultation with the 

24    State University of New York, to study the 

25    economic impact of optimizing kitchen incubators 


                                                               803

 1    in New York State.  

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 4.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Cleare to explain her vote.

11                 SENATOR CLEARE:   Thank you, 

12    Madam President.  

13                 The average cost of installing even 

14    the simplest commercial kitchen can be upwards of 

15    $20,000, which is prohibitive for so many 

16    entrepreneurs who have a unique product to bring 

17    to the marketplace, particularly those in 

18    low-income communities.

19                 It is proven that shared commercial 

20    kitchens are a viable solution to this challenge, 

21    but we do not have nearly enough of them, and 

22    access is not prioritized to those who need it 

23    the most.

24                 The purpose of this bill is to 

25    require a study and action plan concerning the 


                                                               804

 1    transformative effects of locating small kitchen 

 2    incubators on public and private college 

 3    campuses, and in public housing developments.  In 

 4    addition, Empire State Development is charged 

 5    with further developing comprehensive businesses 

 6    and advisory services to fully complement kitchen 

 7    incubator services.  

 8                 To help ensure that start-ups have 

 9    every opportunity to succeed I believe that we 

10    must be smart and target with our investments in 

11    economic development, and this bill represents 

12    the very best kind of concept:  Utilizing 

13    existing community partners and proven shared 

14    resources to further the economic growth and 

15    quality of life for all.

16                 I proudly vote aye.  Thank you.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Cleare to be recorded in the affirmative.

19                 Announce the results.

20                 THE SECRETARY:   In relation to 

21    Calendar Number 148, voting in the negative:  

22    Senator Skoufis.  

23                 Ayes, 55.  Nays, 1.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is passed.


                                                               805

 1                 THE SECRETARY:   Pardon me.  

 2                 Ayes, 57.  Nays, 1.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar 161, 

 6    Senate Print 319, by Senator Salazar, an act to 

 7    amend the Public Health Law.  

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect on the 180th day after it 

12    shall have become a law.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 161, those Senators voting in the 

20    negative are Senators Ashby, Borrello, Gallivan, 

21    Griffo, Helming, Lanza, Mattera, Murray, 

22    Oberacker, Ortt, Rhoads, Rolison, Stec, Tedisco, 

23    Weber and Weik.

24                 Ayes, 42.  Nays, 16.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               806

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    163, Senate Print 506, by Senator Thomas, an act 

 4    to amend the Social Services Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  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:   Announce 

13    the results.  

14                 THE SECRETARY:   Ayes, 58.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    228, Senate Print 1195, by Senator Persaud, an 

19    act to amend the Agriculture and Markets Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section. 

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               807

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 58.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    235, Senate Print 60, by Senator Harckham, an act 

 9    in relation to directing the State Board of Real 

10    Property Tax Services to conduct a study on real 

11    property tax saturation.

12                 ACTING PRESIDENT PERSAUD:   Read the 

13    last section.

14                 THE SECRETARY:   Section 4.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 58.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    282, Senate Print 2872, by Senator Comrie, an act 


                                                               808

 1    to amend the Public Authorities Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 282, voting in the negative are 

13    Senators Helming and Tedisco.

14                 Ayes, 56.  Nays, 2.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    376, Senate Print 6585, by Senator Stavisky, an 

19    act amending Chapter 548 of the Laws of 2004.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT PERSAUD:   Call the 

25    roll.


                                                               809

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT PERSAUD:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 58.

 5                 ACTING PRESIDENT PERSAUD:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    406, Senate Print 2315, by Senator Cleare, an act 

 9    in relation to naming a certain state facility 

10    after Willie Mae Goodman.

11                 ACTING PRESIDENT PERSAUD:   Read the 

12    last section.  

13                 THE SECRETARY:   Section 4.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Brisport to explain his vote.

20                 SENATOR BRISPORT:   Thank you, 

21    Madam President.

22                 And thank you, Senator Cleare, for 

23    introducing this bill.

24                 I'm grateful we had the opportunity 

25    to honor Ms. Willie Mae Goodman, who successfully 


                                                               810

 1    fought to protect not only her daughter Margaret 

 2    but countless other children from Willowbrook.  

 3    There are few stains on the history of our state 

 4    more terrible or more telling than that of the 

 5    infamous Willowbrook School.  At Willowbrook, 

 6    disabled children were subjected to wretched, 

 7    often fatal conditions.  They were treated as 

 8    subhuman and intentionally exposed to disease for 

 9    medical experimentation.  

10                 Parents who did not know the extent 

11    of the horrors at Willowbrook trusted in our 

12    state and unknowingly sent their children into 

13    this nightmare.  Many were deceived into 

14    providing medical consent for the experiments 

15    performed there.  

16                 It's tempting to imagine that once 

17    the public began learning about the conditions at 

18    Willowbrook it was promptly brought to an end -- 

19    but that is not what happened.  By 1970 

20    Ms. Goodman and other advocates were loudly 

21    fighting against the state's plan to return their 

22    loved ones to Willowbrook.  By 1972 the 

23    conditions at Willowbrook had been thoroughly 

24    documented and exposed to the nation by advocates 

25    and journalists.  Yet it took another 15 years, 


                                                               811

 1    until 1987, for Willowbrook to finally be shut 

 2    down.

 3                 It's also worth remembering that the 

 4    end of Willowbrook did not end the horrors faced 

 5    by disabled New Yorkers.  The same pervasive 

 6    erasure, othering, and deprioritization of 

 7    disabled people that gave rise to Willowbrook 

 8    also allowed for dehumanizing conditions in other 

 9    facilities.  To this day, New York funds a 

10    private institution that actively practices 

11    aversive conditioning on disabled people, deemed 

12    torture by the U.N.  At this very moment they 

13    have disabled people forcibly attached to an 

14    electroshock device nine times more powerful than 

15    a cattle prod, and our state is still subsidizing 

16    this institution.

17                 History will likely not remember the 

18    righteous or compassionate things we say about 

19    disability, but history will remember the horrors 

20    that happened on our watch and what we do or fail 

21    to do about them.  Today we remember Ms. Willie 

22    Mae Goodman, who chose to act.

23                 Thank you.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Brisport to be recorded in the affirmative.


                                                               812

 1                 Announce the results.

 2                 THE SECRETARY:   Ayes, 58.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    407, Senate Print 8183, by Senator Mannion, an 

 7    act to amend Part Q of Chapter 59 of the Laws of 

 8    2016.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Martins to explain his vote.

18                 SENATOR MARTINS:   Thank you, 

19    Madam President.

20                 You know, I rise to support the 

21    bill.  I compliment Senator Mannion on its 

22    introduction.  But I also rise with some concerns 

23    about notification.  

24                 I would prefer, and I think we all 

25    would prefer to see notification to each member 


                                                               813

 1    if there's a facility that's going to close in 

 2    your community, in your district.  And although I 

 3    appreciate the fact that there's going to be 

 4    notification to the president pro tem, that 

 5    there's notification to employment through unions 

 6    and labor unions, I would like to know myself 

 7    that if there's a facility that's going to close 

 8    in my district, that we be made aware at the same 

 9    time and simultaneously.  

10                 So I just leave it as a suggestion, 

11    Madam President, and I vote aye.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Martins to be recorded in the affirmative.

14                 Announce the results.

15                 THE SECRETARY:   Ayes, 58.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 Senator Gianaris, that completes the 

19    reading of today's calendar.

20                 SENATOR GIANARIS:   Thank you, 

21    Madam President.  

22                 Please recognize Senator Comrie for 

23    an introduction.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Comrie for an introduction.


                                                               814

 1                 SENATOR COMRIE:   Thank you, 

 2    Madam President.  Thank you.

 3                 I'm pleased to just announce and 

 4    recognize that we have a Scout troop from my 

 5    district -- Scout Troops 144B, 144G, and 

 6    Girl Scout Troop 4704 from Saint Albans.  

 7                 The Presbyterian Church of 

 8    Saint Albans has been working with scouting for 

 9    many years.  They've had many people that have 

10    become Eagle Scouts from their troop.  They've 

11    been continuing to work with young people in our 

12    community, the greater Saint Albans community.  

13                 We have -- they're here today to 

14    tour the Capitol to learn about civics and 

15    advocate also for the Adirondack Park, which 

16    many of them have had the opportunity to visit.

17                 We have Julie London, chaperone and 

18    Troop 144 parent; Gianfranco Gateau, Troop 144B 

19    chaperone and assistant scoutmaster; Diane Reid, 

20    Troop 144 committee chairperson; Deidra Byrd, 

21    chaperone and Troop 144B and Troop 144G Parent 

22    Troop Committee; Patrick Tomlinson, who's not 

23    here; Bridgett Buckery-Smith, Troop 144B 

24    committee member; Teka Hutchinson, Troop 4704 

25    Girl Scout leader and chaperone; Vanessa 


                                                               815

 1    Williams, Girl Scout leader and chaperone; and 

 2    Leroy Hendricks, Sr., and Kimberly Hendricks, 

 3    chaperones and parents.  

 4                 And we also have Scouts -- I won't 

 5    say all their names because we're already past 

 6    time, but I just wanted to recognize you, thank 

 7    you for coming to the Capitol, thank you for 

 8    consistently bringing Scouts to the Capitol so 

 9    that they can learn about government.  Hopefully 

10    you will enjoy your entire visit here and come 

11    back often to advocate for the things that you're 

12    concerned about.  

13                 So Madam President, Mr. Leader, 

14    thank you for allowing me to say a few words to 

15    introduce.  If you don't mind, give them a 

16    standing ovation for the opportunity to come here 

17    today.  

18                 Thank you.  

19                 ACTING PRESIDENT PERSAUD:   To our 

20    guests, I welcome you on behalf of the Senate.  

21    We extend to you the privileges and courtesies of 

22    this house.  

23                 Please rise and be recognized.  

24                 (Standing ovation.)

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               816

 1    Gianaris.

 2                 SENATOR GIANARIS:   Madam President, 

 3    there will be an immediate meeting of the 

 4    Rules Committee in Room 332.

 5                 ACTING PRESIDENT PERSAUD:   There 

 6    will be an immediate meeting of the 

 7    Rules Committee in Room 332.

 8                 SENATOR GIANARIS:   The Senate will 

 9    stand at ease.

10                 ACTING PRESIDENT PERSAUD:   The 

11    Senate will stand at ease.

12                 (Whereupon, the Senate stood at ease 

13    at 3:52 p.m.)

14                 (Whereupon, the Senate reconvened at 

15    4:17 p.m.)

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senate will return to order.

18                 Senator Gianaris.  

19                 SENATOR GIANARIS:   Madam President, 

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

21    desk.  Can we take that up, please.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Secretary will read.

24                 THE SECRETARY:   Senator 

25    Stewart-Cousins, from the Committee on Rules, 


                                                               817

 1    reports the following bills:

 2                 Senate Print 8638, by Senator Myrie, 

 3    an act to amend the Civil Practice Law and Rules; 

 4                 Senate Print 8639, Senate 

 5    Redistricting Bill, an act to amend the 

 6    State Law.

 7                 Both bills reported direct to third 

 8    reading.

 9                 SENATOR GIANARIS:   Move to accept 

10    the report of the Rules Committee.

11                 ACTING PRESIDENT PERSAUD:   All 

12    those in favor of accepting the Rules Committee 

13    report, signify by saying aye.

14                 (Response of "Aye.")

15                 ACTING PRESIDENT PERSAUD:   Opposed, 

16    nay.

17                 (Response of "Nay.")

18                 ACTING PRESIDENT PERSAUD:   The 

19    report of the Rules Committee is accepted.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Can we now take 

22    up the reading of the supplemental calendar.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               818

 1    465, Senate Print 8638, by Senator Myrie, an act 

 2    to amend the Civil Practice Law and Rules.

 3                 SENATOR LANZA:   Lay it aside.

 4                 ACTING PRESIDENT PERSAUD:   Lay it 

 5    aside.

 6                 THE SECRETARY:   Calendar Number 

 7    466, Senate Print 8639, Senate Redistricting 

 8    Bill, an act to amend the State Law.

 9                 SENATOR LANZA:   Lay it aside.

10                 ACTING PRESIDENT PERSAUD:   Lay it 

11    aside.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Can we now take 

14    up the reading of the controversial calendar, 

15    beginning with Calendar 466.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Secretary will ring the bell.

18                 The Secretary will read.

19                 THE SECRETARY:   Calendar Number 

20    466, Senate Print 8639, Senate Redistricting 

21    Bill, an act to amend the State Law.

22                 ACTING PRESIDENT PERSAUD:   Read the 

23    last section.

24                 THE SECRETARY:   Section 5.  This 

25    act shall take effect immediately.


                                                               819

 1                 ACTING PRESIDENT PERSAUD:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Gianaris to explain his vote.

 6                 SENATOR GIANARIS:   Thank you, 

 7    Madam President.  

 8                 As everyone in here knows, we are 

 9    considering the map that was sent to us, the 

10    congressional map sent to us by the Independent 

11    Redistricting Commission.  

12                 I do want to state at the outset 

13    that I do appreciate the service of the various 

14    commissioners who did their best to come up with 

15    a map that they thought was best.  

16                 Unfortunately, I will be voting in 

17    the negative.  I think there are numerous 

18    problems with the map that was sent to us that 

19    run afoul of the constitutional guidelines that 

20    exist in our State Constitution.  

21                 Most notably, there are half a dozen 

22    county cuts, places where counties were divided 

23    newly in this new map from the existing 

24    districts.  Those six counties were cut eight 

25    different ways in order to draw this map.  


                                                               820

 1                 One of the issues the Constitution 

 2    highlights is that the maps should not be drawn 

 3    specifically to protect incumbents.  And I think 

 4    in the map before us there are again numerous 

 5    instances on a bipartisan basis where it was 

 6    clear that the intention of the map is simply to 

 7    protect incumbents of both parties.  

 8                 And there were a number of instances 

 9    where communities of interest were not properly 

10    protected in the drawing of the map that's before 

11    us.  

12                 So I will be voting in the negative 

13    and look forward to working with my colleagues in 

14    the Assembly to come up with a better product 

15    that will better serve the people of this state.

16                 Thank you, Madam President.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Gianaris to be recorded in the negative.

19                 Senator Borrello to explain his 

20    vote.

21                 SENATOR BORRELLO:   Thank you, 

22    Madam President.

23                 You know, I hear a lot in this house 

24    about protecting democracy and the will of the 

25    people.  And the reality is the people did speak.  


                                                               821

 1    They spoke in a constitutional amendment that 

 2    they wanted to eliminate this behind-closed-doors 

 3    way of drawing redistricting maps.  

 4                 And it was created, the IRC, with 

 5    that.  And that was the people speaking, saying 

 6    let's change this process, let's make it a more 

 7    honest and open process.  

 8                 But despite that, once my colleagues 

 9    on the other side of the aisle took over, they 

10    decided to undermine that IRC.  They started by 

11    trying to defund the IRC at the beginning.  They 

12    sought to change the Constitution again, to 

13    change the parameters, how the IRC members were 

14    actually assigned, and going toward a more 

15    political, behind-closed-doors process.  Changing 

16    the two-thirds vote to a simple majority.  The 

17    list goes on and on.

18                 All along, trying to undermine the 

19    will of the people that said we are going to 

20    eliminate this behind-closed-doors, partisan 

21    gerrymandering.  

22                 Despite all of that, we did end up 

23    having a map that was obviously split last time.  

24    And once again, we sent a bill to the Governor 

25    asking -- the Democrats asked if we could just 


                                                               822

 1    draw the lines ourselves, because we don't trust 

 2    the people on the IRC, we don't trust the people 

 3    of New York State, the people that said this is 

 4    the process that we want.  We don't trust them.  

 5    You know better than they do.  That's the 

 6    problem.  

 7                 So you can sit here and point out 

 8    what you don't like about these maps, but this is 

 9    the process that the people of New York State 

10    chose.  This is the open, transparent process 

11    that they asked for.  But we're going to continue 

12    to undermine the IRC.

13                 So with that being said, what were 

14    the results?  There were 10 members of this 

15    commission, 10 commissioners.  Nine to one, they 

16    voted to support this map -- nine to one.  Find 

17    10 people that want to go out to dinner and try 

18    to find 10 people that all want to go to the same 

19    place with the same food.  Find nine of those 10.  

20    That's a difficult thing to do.  But a process 

21    like this, a difficult process, nine to one voted 

22    to support these maps.  

23                 Because the reality is we don't 

24    really care what the people think.  We care what 

25    the political outcome is at the end.  And that's 


                                                               823

 1    what this is about.  It's taking it away from the 

 2    people, taking away the choices that they made.  

 3    The constitutional amendment -- which, by the 

 4    way, is not an easy thing to do, to change the 

 5    Constitution.  But the people of New York did so 

 6    and created this process.  

 7                 And we are once again going to 

 8    undermine this process, say we don't trust you, 

 9    the people that brought us here, the people that 

10    vote for us, we don't trust you to do the right 

11    thing.  We're going to tell you what your will 

12    is.  

13                 That's wrong.  That's why I am 

14    supporting these maps.  

15                 Thank you.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Borrello to be recorded in the affirmative.

18                 Senator Martins to explain his vote.

19                 SENATOR MARTINS:   Thank you, 

20    Madam President.

21                 You know, I rise to support these 

22    maps.  

23                 Madam President, you may remember 

24    members of the -- my colleagues here in the 

25    Senate may remember, but I served on the 


                                                               824

 1    Independent Redistricting Commission before 

 2    resigning to run for the Senate.  And so I had 

 3    the opportunity to participate in this process.  

 4    And I call on each and every one of us to 

 5    remember what this process is about.  

 6                 In case anyone has forgotten, 

 7    Madam President, the members of the Independent 

 8    Redistricting Commission were appointed by the 

 9    legislative leaders, not only here in the Senate, 

10    but down the hall in the Assembly.  The chair of 

11    the Independent Redistricting Commission, 

12    Ken Jenkins, was appointed by the Majority Leader 

13    of this house.  The vice chair was appointed by 

14    the minority leader of the Assembly -- 

15    Charlie Nesbitt.  

16                 Each side has staff.  Each side has 

17    consultants, demographers, attorneys versed in 

18    federal and state election law.  They have access 

19    to consultants that helped in drawing these maps.  

20    And the idea that you have members of the 

21    commission, 10 members that were able to achieve 

22    a nine-one consensus to move these maps, 

23    Madam President, is something that body should be 

24    celebrating.  

25                 And I rise to thank not only Chair 


                                                               825

 1    Jenkins but Vice Chair Nesbitt for the incredible 

 2    job that they did in building that consensus 

 3    around these maps.  That's what this is about.

 4                 I urge my colleagues to support 

 5    these maps and the process that led to these maps 

 6    being approved.  Because these lines aren't drawn 

 7    haphazardly.  You don't have 10 people just 

 8    sitting around a table with Magic Markers and 

 9    pens trying to draw these maps.  These maps are 

10    drawn meticulously, they're drawn in conformance 

11    with law.  They're drawn, I think, with all of 

12    the best intentions.  

13                 And the idea that we had nine 

14    members of a 10-member commission, consultants on 

15    both sides of the aisle or all sides of the 

16    aisle -- the representative from the Working 

17    Families Party and the representative from the 

18    Conservative Party all voting in favor of these 

19    maps should tell us something.  They were able to 

20    reach consensus on these maps.  And again, that's 

21    something we should celebrate.  The Constitution 

22    worked.  The process worked.

23                 Now, I know there are members in 

24    this chamber who are going to be running for 

25    office, have already declared for Congress.  This 


                                                               826

 1    should be good news for all of us.  You've got 

 2    great maps to run on.  Congratulations.  

 3                 But Madam President, we should all, 

 4    as a body, understand -- and I hope we all do 

 5    understand -- that this is about fairness, 

 6    process, and our responsibility to the residents 

 7    and citizens of this great state to make sure 

 8    that we move forward with the process that has 

 9    actually worked.  Against perhaps all odds, since 

10    it is a 10-member board.  

11                 Let's celebrate the fact that we got 

12    a nine-one result.  Let's celebrate the fact that 

13    the demographers and the consultants on both 

14    sides of that divide came together, and they all 

15    agreed on these maps.

16                 Madam President, far from voting no, 

17    I'm going to vote yes.  I'm going to urge 

18    everyone to.  I'm going to remind everyone that 

19    we have a Constitution that we've all sworn to 

20    uphold.  This is part of that Constitution.  And 

21    I'd rather have these maps prepared by 

22    non-politicians, Madam President, and have them 

23    supplied to us in a nonpartisan way, which has 

24    been done.  The IRC did their job.  They provided 

25    maps where there was consensus.  


                                                               827

 1                 And I urge all of us here in this 

 2    chamber to do our jobs as well.  Let's support 

 3    these maps, Madam President.  I vote aye.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Martins to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 466, those Senators voting in the 

 9    negative are Senators Addabbo, Bailey, Breslin, 

10    Brisport, Brouk, Chu, Cleare, Comrie, Cooney, 

11    Fernandez, Gianaris, Gonzalez, Harckham, Hinchey, 

12    Hoylman-Sigal, Jackson, Kavanagh, Kennedy, 

13    Krueger, Liu, Mannion, Martinez, May, Mayer, 

14    Myrie, Parker, Persaud, Ramos, Rivera, Ryan, 

15    Salazar, Sanders, Scarcella-Spanton, Sepúlveda, 

16    Serrano, Skoufis, Stavisky, Stewart-Cousins, 

17    Thomas and Webb.

18                 Ayes, 17.  Nays, 40.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is defeated.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Okay, let's move 

23    on to Calendar 465, please.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Secretary will read.


                                                               828

 1                 THE SECRETARY:   Calendar Number 

 2    465, Senate Print 8638, by Senator Myrie, an act 

 3    to amend the Civil Practice Law and Rules.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Lanza, why do you rise?

 6                 SENATOR LANZA:   Madam President, 

 7    would the sponsor yield to some questions?  In 

 8    fact, Madam President, would the sponsor offer an 

 9    explanation of the bill?  

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?  And will the sponsor offer an 

12    explanation?  

13                 SENATOR MYRIE:   Through you, 

14    Madam President, yes and yes.

15                 So why don't we start with the 

16    New York Constitution itself, in Article 3, 

17    Section 5.  It starts:  "An apportionment by the 

18    Legislature, or other body, shall be subject to 

19    review by the Supreme Court at the suit of any 

20    citizen under such reasonable regulations as the 

21    Legislature may prescribe."  

22                 That is what we're doing here today.  

23    We are prescribing a regulation for these types 

24    of lawsuits, exactly as prescribed by the 

25    New York State Constitution.


                                                               829

 1                 But we are also comporting with 

 2    precedent in the law already.  In the John R. 

 3    Lewis Voting Rights Act we limit where certain 

 4    suits can be brought in a similar fashion.  And 

 5    that is similar to the federal Voting Rights Act, 

 6    where if you wanted to challenge your designation 

 7    as a preclearance jurisdiction, you couldn't go 

 8    to any court, you have to go to one court, the 

 9    D.C. Circuit.  And that was to develop expertise 

10    in that court and for there to be unity in how 

11    these topics were addressed.

12                 Additionally, last year we passed -- 

13    and was signed by the Governor -- a law that 

14    would limit challenges to constitutionality of 

15    election laws in a similar fashion in certain 

16    jurisdictions.

17                 So this is an attempt for us to 

18    fulfill our constitutional duty and to bring some 

19    clarity to the process when bringing lawsuits.

20                 SENATOR LANZA:   Madam President, 

21    would the sponsor yield.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR MYRIE:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               830

 1    sponsor yields.

 2                 SENATOR LANZA:   Through you, 

 3    Madam President.  So is it your contention that 

 4    Article III, Section 5, when it speaks to 

 5    "reasonable manner," includes limiting to only 

 6    four courts in the entire State of New York for 

 7    challenges to political electoral maps?  

 8                 SENATOR MYRIE:   Through you, 

 9    Madam President, it is my contention that this is 

10    a wholly constitutional exercise of our power.

11                 SENATOR LANZA:   Will the sponsor 

12    yield?

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR MYRIE:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR LANZA:   Through you, 

19    Madam President.  So the sponsor -- so you're not 

20    trying to amend the Constitution, you believe 

21    this is consistent with the Constitution.  

22                 SENATOR MYRIE:   Through you, 

23    Madam President, that's right.

24                 SENATOR LANZA:   Would the sponsor 

25    yield.


                                                               831

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield? 

 3                 SENATOR MYRIE:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.  

 6                 SENATOR LANZA:   Through you, 

 7    Madam President.  Would the sponsor agree that 

 8    legal challenges to political district maps 

 9    invoke constitutional matters?

10                 SENATOR MYRIE:   Through you, 

11    Madam President, that may or may not be the case, 

12    depending -- I think it's very fact-dependent on 

13    whether they implicate constitutional matters.  

14                 But as I have mentioned, I believe 

15    that this bill, as our current statutes on the 

16    books limiting jurisdictions for certain types of 

17    challenges, are constitutional and consistent 

18    with the principle of having courts develop 

19    expertise and allowing as much access to the 

20    courts as possible, given the time-sensitive 

21    nature of these particular challenges.

22                 SENATOR LANZA:   Would the sponsor 

23    yield?

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    sponsor yield?


                                                               832

 1                 SENATOR MYRIE:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR LANZA:   Through you, 

 5    Madam President, so let me put it another way.

 6                 Would you agree that legal 

 7    challenges to political district maps invoke 

 8    civil rights?

 9                 SENATOR MYRIE:   Through you, 

10    Madam President, they may.

11                 SENATOR LANZA:   Will the sponsor 

12    yield?

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR MYRIE:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR LANZA:   Through you, 

19    Madam President, certainly the sponsor would 

20    agree that legal challenges to political district 

21    maps invoke voting rights.

22                 SENATOR MYRIE:   Through you, 

23    Madam President, they may.

24                 SENATOR LANZA:   Would the sponsor 

25    yield?


                                                               833

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?

 3                 SENATOR MYRIE:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.

 6                 SENATOR LANZA:   Through you, 

 7    Madam President.  Could the sponsor tell us what 

 8    we all mean when we speak of communities of 

 9    interest in the context of district maps?

10                 (Pause.)

11                 SENATOR MYRIE:   Through you, 

12    Madam President.  Thank you for your patience, 

13    Senator Lanza.

14                 I think it is a mix in part of a, 

15    you know, court determining what communities of 

16    interest are, but also the data that is collected 

17    on demographics and economics.  This is something 

18    that is not unfamiliar in the political and 

19    electoral space, but if it -- I think I see where 

20    you're going, Senator Lanza -- in having to 

21    determine what is a community of interest, that's 

22    certainly within the province of a particular 

23    court.  

24                 And what we are prescribing here is 

25    not shutting out people's ability to have that 


                                                               834

 1    community of interest be heard or be litigated, 

 2    but rather to bring some uniformity to the 

 3    process so that the decisions can be made as 

 4    correctly and expeditiously as possible.

 5                 SENATOR LANZA:   Would the sponsor 

 6    yield?  

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield?

 9                 SENATOR MYRIE:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR LANZA:   Would the sponsor 

13    agree that a court in Franklin County might have 

14    a better idea about communities of interest 

15    within that county than, let's say, New York 

16    County courts?

17                 SENATOR MYRIE:   Through you, 

18    Madam President, that may be the case.  But as I 

19    mentioned at the outset of this, and it's the 

20    reason why I wanted to ground this debate in 

21    that, the Voting Rights Act passed in the late 

22    sixties and early seventies specifically, by 

23    regulation and by statute, required that certain 

24    types of challenges go specifically to one court, 

25    no matter where in the country that challenge was 


                                                               835

 1    coming from.

 2                 And what undergirds that principle 

 3    is that certain courts have the ability to hear 

 4    matters even if it's outside of their 

 5    geographical -- a typical geographical 

 6    jurisdiction.  

 7                 And in this case, as you mention in 

 8    your line of questioning, where the implications 

 9    can be on voting rights and civil rights, 

10    et cetera, I think it is important for 

11    New Yorkers to have the comfort and the 

12    predictability to know that should they want to 

13    challenge redistricting statewide apportionment, 

14    that they have specific places to go, and that 

15    those specific places develop the expertise to 

16    deal with these matters in a timely fashion.

17                 SENATOR LANZA:   Will the sponsor 

18    yield?

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR MYRIE:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR LANZA:   Through you, 

25    Madam President, could the sponsor remind us how 


                                                               836

 1    many counties there are in the State of New York?  

 2                 SENATOR MYRIE:   Through you, 

 3    Madam President, 62, if I'm not mistaken.

 4                 SENATOR LANZA:   Will the sponsor 

 5    yield?

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR LANZA:   Through you, 

12    Madam President.  It's my understanding that if 

13    this becomes law, a person in the State of 

14    New York who wishes to challenge district maps 

15    would be relegated to bringing that action in 

16    only four of the 62 counties in New York.  Is 

17    that true?

18                 SENATOR MYRIE:   Through you, 

19    Madam President, that would be true, depending on 

20    where they live.  All four wouldn't be available 

21    to them.  It would depend on which judicial 

22    district they live in.

23                 SENATOR LANZA:   Will the --

24                 SENATOR MYRIE:   Or departments, 

25    rather.


                                                               837

 1                 SENATOR LANZA:   I apologize.

 2                 Will the sponsor yield?

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR MYRIE:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR LANZA:   Through you, 

 9    Madam President.  It's my understanding that the 

10    first draft of this legislation allowed for only 

11    one county, Albany County.  Is that correct?

12                 SENATOR MYRIE:   Through you, 

13    Madam President, that's correct.

14                 SENATOR LANZA:   Will the sponsor 

15    yield?

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR MYRIE:  Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR LANZA:   Through you, 

22    Madam President.  Why does this second iteration 

23    expand from that one county to now four counties?

24                 SENATOR MYRIE:   Through you, 

25    Madam President, it comports with what's already 


                                                               838

 1    in the law, in the John R. Lewis Voting Rights 

 2    Act, as well as legislation that was passed last 

 3    year.  

 4                 And so we -- in an effort to be 

 5    uniform in our approach to these types of issues, 

 6    we decided to expand it.

 7                 SENATOR LANZA:   Would the sponsor 

 8    yield?

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR MYRIE:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR LANZA:   Through you, Madam 

15    President, where in the John R. Lewis Act does it 

16    say that such actions can only be brought in 

17    Albany, Westchester, New York and Erie County?  

18                 SENATOR MYRIE:   Through you, 

19    Madam President, I don't have the sections in 

20    front of me, but it's specifically relating to 

21    preclearance, as was the federal Voting Rights 

22    Act in funneling challenges to preclearance 

23    jurisdiction designation to one court.  

24                 In the John R. Lewis Voting Rights 

25    Act here in New York, if you want to challenge 


                                                               839

 1    your preclearance designation, you have to bring 

 2    it in these courts in a similar fashion.  It's 

 3    Article 17 of the Election Law.

 4                 SENATOR LANZA:   Will the sponsor 

 5    yield?

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR LANZA:   And I -- through 

12    you, Madam President, you may have answered this 

13    question just a moment ago.  Why these four 

14    counties?

15                 SENATOR MYRIE:   Through you, 

16    Madam President, at the risk of repeating myself, 

17    it comports with what's already on the books in 

18    several other election law cases.

19                 SENATOR LANZA:   Will the sponsor 

20    yield?

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR MYRIE:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               840

 1                 SENATOR LANZA:   Through you, 

 2    Madam President.  If that's the case, why did the 

 3    first version only include Albany?

 4                 SENATOR MYRIE:   Through you, 

 5    Madam President, it is an iterative process 

 6    just like every other piece of legislation that 

 7    goes through changes.  That was the same process 

 8    here.

 9                 SENATOR LANZA:   Will the sponsor 

10    yield?

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR MYRIE:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.  

16                 SENATOR LANZA:   Through you, 

17    Madam President, I thought it had nothing to do 

18    with a process but that it was mandated by the 

19    John R. Lewis -- 

20                 SENATOR MYRIE:   Through you, 

21    Madam President, respectfully, that is not what I 

22    said.  I have been saying repeatedly that this 

23    matches the framework that we have laid out both 

24    in the John R. Lewis Act, in the bill that was 

25    passed and signed last year, and relative to the 


                                                               841

 1    federal Voting Rights Act.  I did not say that 

 2    they matched exactly, but the intent and the 

 3    principle guiding it were similar to all of those 

 4    cases.

 5                 SENATOR LANZA:   Will the sponsor 

 6    yield?

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield?

 9                 SENATOR MYRIE:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.  

12                 SENATOR LANZA:   Through you, Madam 

13    President.  So just to be clear, the John R. 

14    Lewis Act does not specifically select Albany, 

15    Westchester, New York and Erie County.  Or does 

16    it?

17                 SENATOR MYRIE:   Through you, 

18    Madam President, it does in the preclearance 

19    context, just to be clear.  Those same exact 

20    counties.  But only insofar as you are 

21    challenging your designation as a preclearance 

22    jurisdiction.

23                 SENATOR LANZA:   Would the sponsor 

24    yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               842

 1    sponsor yield?

 2                 SENATOR MYRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR LANZA:   Through you, 

 6    Madam President.  So this legislation would 

 7    expand aspects of the John R. Lewis Act to a 

 8    wholly new area.

 9                 SENATOR MYRIE:   Through you, 

10    Madam President, it would not.  Most obviously, 

11    because it is a separate bill.  But more 

12    specifically because the John R. Lewis Voting 

13    Rights Act, the teeth of that, the focus of that 

14    is preclearance and local electoral actions, but 

15    it very obviously does not include statewide 

16    apportionment or redistricting.  Whereas this 

17    implicates statewide apportionment as the bill 

18    passed last year that implicated statewide 

19    constitutionality of specific election laws.

20                 SENATOR LANZA:   Would the sponsor 

21    yield?  

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR MYRIE:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               843

 1    sponsor yields.

 2                 SENATOR LANZA:   Through you, 

 3    Madam President.  If you know, Senator Myrie, 

 4    could you remind this body how many judicial 

 5    departments there are in the State of New York?  

 6                 SENATOR MYRIE:   Through you, 

 7    Madam President, I hope I don't embarrass my law 

 8    school professors here.  Four departments.

 9                 SENATOR LANZA:   Would the sponsor 

10    yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR MYRIE:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR LANZA:   Through you, 

17    Madam President, I'm thinking about the 

18    13 judicial districts that New York State is 

19    divided into, and my question concerns that.

20                 Why not -- and I'll get to the 

21    rationale for doing this.  But through you, 

22    Madam President, why not -- if we're going to 

23    limit it to a certain number of courts, why not 

24    use what is already before us in New York State, 

25    which is that we have 13 judicial districts?  Why 


                                                               844

 1    not, if we're going to limit it, limit it to 13 

 2    and not four?  

 3                 SENATOR MYRIE:   Through you, 

 4    Madam President.  So I think for a couple of 

 5    reasons.  

 6                 One, it is almost certain that these 

 7    will be challenged, they will be appealed.  The 

 8    lawsuits, that is, they will be appealed.  So 

 9    they're going to end up in the appellate courts 

10    anyways.  So I think it -- for purposes of 

11    efficiency, it makes sense to go directly to that 

12    appellate court.  

13                 I would also point again to the 

14    federal analogue here, that it would have been 

15    incredibly easy for the federal apparatus to say, 

16    Bring the challenges wherever you live and 

17    wherever the federal courts are in your 

18    jurisdiction.  But they did not.  

19                 And they did that for a specific 

20    reason.  I think it is the same principle that we 

21    are trying to abide by here, and that is to make 

22    this as simple and clean for New Yorkers trying 

23    to vindicate their rights in this space as 

24    possible, and to also develop some expertise on 

25    the appellate level on these particular issues.


                                                               845

 1                 SENATOR LANZA:   Would the sponsor 

 2    yield?

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR MYRIE:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR LANZA:   Senator Myrie, 

 9    staying with the judicial districts we have in 

10    the State of New York, it's something I'm very 

11    familiar with.  I'm very proud that one of the 

12    accomplishments I've been able to achieve here in 

13    this body is the creation of the 13th Judicial 

14    District, which embodies Staten Island.  It's 

15    really changed things for the better.

16                 Would you agree that the rationale 

17    or the justification for having 13 judicial 

18    districts throughout New York State is that it is 

19    important for people who seek justice in our 

20    courts that they appear before justices that they 

21    elected?

22                 SENATOR MYRIE:   I'm -- forgive me, 

23    Madam President.  Just repeat the question?  

24                 SENATOR LANZA:   Yes.  

25                 So would the sponsor -- through you, 


                                                               846

 1    Madam President -- agree that the justification 

 2    for having 13 judicial districts in the State of 

 3    New York is that it is important for people who 

 4    find themselves in a courtroom, who seek justice, 

 5    that they are before justices that are from 

 6    within their community that were elected by that 

 7    community in our democratic process?  

 8                 SENATOR MYRIE:   Through you, 

 9    Madam President.  I don't disagree.  I think that 

10    is important.  I think there's a notable 

11    difference here, though.

12                 When we talk about redistricting, 

13    and certainly statewide apportionment, what 

14    happens in one corner of the state affects every 

15    other corner.  This is a special type of 

16    litigation that in other contexts requires, you 

17    know, setting aside the entire court calendar.  

18    It requires pushing it up to the top of the 

19    court's business.  

20                 And why is that?  It's because we 

21    pay special attention when it implicates 

22    statewide electoral rights and people's ability 

23    to exercise the franchise.  

24                 And that's what we're attempting to 

25    do here, again, as we have done in the past, is 


                                                               847

 1    to, when it implicates statewide apportionment, 

 2    and where one change here affects a change over 

 3    there, I think it's appropriate that the 

 4    appellate courts be the courts of jurisdiction to 

 5    deal with these issues.

 6                 SENATOR LANZA:   Will the sponsor 

 7    yield?

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    sponsor yield?

10                 SENATOR MYRIE:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    sponsor yields.

13                 SENATOR LANZA:   Through you, 

14    Madam President.  So as my colleague knows, as an 

15    attorney, there are very few simple matters that 

16    come before our courts in the State of New York.  

17    In fact I would argue there are many which are 

18    far more complex and complicated than the issue 

19    before us.  So is it the -- and those are handled 

20    on a daily basis quite efficiently and 

21    effectively throughout New York State.

22                 Through you, Madam President, is it 

23    the sponsor's contention that justices in 

24    Onondaga, Delaware, Steuben, Allegany, Clinton, 

25    Franklin, Essex -- that justices there, duly 


                                                               848

 1    elected by the people in those communities, lack 

 2    the ability to have an expertise on matters such 

 3    as these when they come before their court?  

 4                 SENATOR MYRIE:   Through you, 

 5    Madam President, that is not at all my 

 6    implication.  I'm sure all of them are very fine 

 7    jurists and have worked very hard to get there 

 8    and are representative of what the people elected 

 9    them to do.

10                 I would return back to the precedent 

11    that is already in our laws.  This is not 

12    something that is meant to offend judges that are 

13    not in that particular jurisdiction.  But it is, 

14    as I have mentioned, to build some unity and 

15    consistency in the process such that no 

16    plaintiff, regardless of party or particular 

17    interest, can game the system in order to get a 

18    more favorable outcome.  

19                 Here, everyone gets to play by the 

20    same rules.  And I think it introduces some 

21    consistency into the process should you want to 

22    vindicate your rights in litigation.

23                 SENATOR LANZA:   Will the sponsor 

24    yield?

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               849

 1    sponsor yield?

 2                 SENATOR MYRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR LANZA:   Through you, 

 6    Madam President.  I'm glad my colleague mentioned 

 7    regardless of party.  Is it just a coincidence 

 8    that each of these counties are places where the 

 9    judges are elected overwhelmingly as Democrats?  

10                 SENATOR MYRIE:   Through you, 

11    Madam President, just as my colleague mentioned, 

12    all of the judges in all of the jurisdictions you 

13    mentioned, I wouldn't cast any aspersion on any 

14    of the judges elected in any of these counties 

15    who have gone through the same processes as the 

16    justices that you just mentioned.  

17                 SENATOR LANZA:   Will the sponsor 

18    yield?

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield?

21                 SENATOR MYRIE:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR LANZA:   I'm not suggesting 

25    you're casting aspersions.  


                                                               850

 1                 But through you, Madam President, I 

 2    would ask, then, why not a single county which 

 3    is -- that is Republican in terms of the election 

 4    of justices, why not a single one of those is 

 5    included in the list of places where a party who 

 6    feels aggrieved, who believes their 

 7    constitutional rights are being violated, can go?

 8                 SENATOR MYRIE:   Through you, 

 9    Madam President -- through you, Madam President, 

10    the counties selected here, again, match what has 

11    been selected in the past.  So this isn't in 

12    response to any particular action, but these are 

13    also population centers within those departments.  

14                 And I would note that the department 

15    itself, the panels, the appellate panels that 

16    make up the individuals that you would have to go 

17    before, come from all over and aren't necessarily 

18    from that particular county.

19                 SENATOR LANZA:   Will the sponsor 

20    yield?

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR MYRIE:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               851

 1                 SENATOR LANZA:   Through you, 

 2    Madam President.  If it's so important to limit 

 3    in the State of New York to only four counties 

 4    these type of constitutional challenges, based on 

 5    the notion that we need courts that could develop 

 6    expertise to handle such challenges, why not do 

 7    the same when it comes to -- and I'm not 

 8    suggesting we do this; in fact, I would oppose 

 9    it -- do the same when it comes to 

10    First Amendment rights?  Those are very 

11    important.

12                 SENATOR MYRIE:   Through you, 

13    Madam President, I'm just going to ask my friend 

14    to further clarify what you mean there.

15                 SENATOR LANZA:   Yeah.  Through you, 

16    Madam President.  So if the rationale for doing 

17    this is that these constitutional challenges that 

18    would invariably be brought are so important that 

19    the 13 judicial districts are not up to the job, 

20    the 62 counties are not up to the job, only 

21    Albany County, Westchester County, New York 

22    County, and Erie County judges are up to the job, 

23    because we need justices that can have a special 

24    expertise.  If that's the case when it comes to 

25    matters as important as the First Amendment -- 


                                                               852

 1    and I won't go through the entire Bill of 

 2    Rights -- why not apply the same there?

 3                 SENATOR MYRIE:   Through you, 

 4    Madam President, I think my colleague's quarrel 

 5    is not with this bill but with our judicial 

 6    system writ large.  

 7                 We have specialty courts in the 

 8    system -- in fact, in New York County there is a 

 9    whole commercial part, as you know, 

10    Senator Lanza, because that happens to be the 

11    financial capital of the world and it makes sense 

12    to develop that type of expertise and have that 

13    be done in that particular court.

14                 I would never pit any of our rights 

15    against each other -- First, Second, Third, 

16    Fourth, Fifth Amendment.  But our precedents have 

17    allotted different sensitivities to both, 

18    sometimes because one right implicates not just 

19    the individual, but the collective.  And here we 

20    are talking about our democracy.  We are talking 

21    about a fundamental right, one that impacts not 

22    just the individual but inherently impacts 

23    communities writ large.  

24                 And that's why it's important to 

25    introduce, I think, some unity and predictability 


                                                               853

 1    into that system and why that is treated 

 2    differently than perhaps some other potential 

 3    infringements on individual rights.

 4                 SENATOR LANZA:   Will the sponsor 

 5    yield?

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR LANZA:   Through you, 

12    Madam President.  I would argue that freedom of 

13    religion, freedom of press, freedom of speech, 

14    freedom to assemble -- and we know the rest -- 

15    are as fundamental as any right being discussed 

16    here.  

17                 And so I won't belabor the point, 

18    but it just doesn't make sense to me, 

19    Madam President, that somehow when it comes to 

20    this, we mysteriously need a specialization that 

21    only can exist in four counties that happen to be 

22    overwhelmingly Democrat counties.  

23                 And so I would ask this, through 

24    you, Madam President -- 

25                 ACTING PRESIDENT PERSAUD:   Will the 


                                                               854

 1    sponsor yield? 

 2                 SENATOR MYRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR LANZA:   So -- through you, 

 6    Madam President -- I would imagine that what is 

 7    being argued here is that these four counties 

 8    need to be the only places where you could bring 

 9    this action because they either have or will 

10    develop an expertise in these matters.  

11                 Which, by the way -- through you, 

12    Madam President -- these matters come up every 

13    10 years or so.  Sometimes more than once every 

14    10 years.  So when these matters come before 

15    Albany County, Westchester County, New York 

16    County, Erie County, they're no different, 

17    they're in no better position, or worse, than any 

18    other county in the State of New York.  By the 

19    time they develop this expertise, it will not be 

20    needed for another 10 years.  

21                 And so if Albany County can get up 

22    to speed this year, this month, maybe this 

23    week -- if they can get up to speed, so can every 

24    other county in the State of New York.  

25                 So again, through you, 


                                                               855

 1    Madam President, can the sponsor tell us why only 

 2    four counties in New York are up to the job?

 3                 SENATOR MYRIE:   Through you, 

 4    Madam President, I think what my colleague is 

 5    suggesting is that the intent of this bill is to 

 6    cabin all conversation and litigation for some 

 7    nefarious purpose.  

 8                 But what I've tried to reiterate is 

 9    that this is not an uncommon approach.  This is 

10    something that has already been done by this body 

11    and that has been done by our partners on the 

12    federal level as well, and that in other areas of 

13    the law is also present.  

14                 And so I don't want there to be any 

15    confusion about our intent on this bill.  One, it 

16    is to, as the Constitution, the State 

17    Constitution outlines, to promulgate and 

18    prescribe a reasonable regulation for lawsuits.  

19    That is clear in the Constitution.  That is what 

20    we're trying to exercise today.  And in our 

21    judgment, in the Legislature's judgment, we 

22    believe that this particular framework, as used 

23    in the past and used in other areas, will provide 

24    the best opportunity for these lawsuits to 

25    proceed in a way that makes sense for most 


                                                               856

 1    New Yorkers.

 2                 SENATOR LANZA:   Will the sponsor 

 3    yield?

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR MYRIE:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR LANZA:   Through you, 

10    Madam President.  You know, just very quickly, 

11    I've listened for a number of years now about the 

12    many things that were done in this body by this 

13    Legislature that were so wrong that they needed 

14    to be changed.  So I don't think that things that 

15    were done in the past are necessarily prologue or 

16    a guide to what needs to be done here.

17                 And the point remains that this has 

18    never been done.  This is a bill of first 

19    impression, if you will.

20                 And so through you, Madam President, 

21    I just return to the question, is it the 

22    sponsor's contention that judges in Franklin 

23    County are unable to develop the same expertise 

24    than judges that sit in Albany County?   

25                 SENATOR MYRIE:   Through you, 


                                                               857

 1    Madam President.  I'm from Kings County.  I 

 2    happen to think it is one of the better counties 

 3    in the state.  

 4                 (Laughter.)

 5                 SENATOR MYRIE:   But it is not one 

 6    of the counties selected in this bill.

 7                 I do not feel affronted, offended.  

 8    I don't think that the judges in Kings County are 

 9    not capable or smart enough to handle this.  This 

10    is what we have arrived at as I believe the best 

11    solution to what is potentially a forum-shopping 

12    problem.

13                 So I hear my colleague in saying 

14    that there are many other capable jurists across 

15    the state to handle this.  I don't disagree with 

16    that.  But we have made a policy choice that is 

17    consistent with the laws already on the books -- 

18    not just things that we -- you know, not just 

19    that past is prologue, but that it is the law 

20    that's on the books right now and is a principle 

21    that has been upheld on the federal level as 

22    well.

23                 SENATOR LANZA:   Would the sponsor 

24    yield?  

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               858

 1    sponsor yield?

 2                 SENATOR MYRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR LANZA:   Through you, 

 6    Madam President.  You know, I agree with the 

 7    forum shopping.  But it strikes me that this 

 8    legislation is nothing more than statutory, 

 9    mandatory forum shopping.  And in fact the 

10    shopping is done.  You've made your purchase.  

11    You've selected four counties.  The rest be 

12    damned.  And that is my objection to this 

13    legislation.  

14                 Through you, Madam President.  You 

15    live in Brooklyn, I live in Staten Island, a 

16    couple of miles from New York County.  It might 

17    be fine for you and fine for me.  

18                 But if you live in Franklin County 

19    and your constitutional rights have been violated 

20    and you seek redress in our courts, you have to 

21    go more than 150 miles to find that justice.  So 

22    why does the sponsor believe that that is okay?

23                 SENATOR MYRIE:   Through you, 

24    Madam President.  I believe it's okay for all of 

25    the reasons that I have outlined in support of 


                                                               859

 1    this bill.  

 2                 But I would note that that works the 

 3    other way as well.  And we have seen it happen 

 4    where other courts that are across the state are 

 5    very far from voters who are also trying to 

 6    vindicate their rights and who also have had to 

 7    travel a hundred or so miles.

 8                 We're hoping that once this is 

 9    passed and hopefully signed into law, that voters 

10    now will know that there are only four places 

11    that you would have to go to should you want to 

12    do this, and it wouldn't be something sprung on 

13    you as a voter, as some -- you know, a 

14    nonspecified court in the state.  But that you 

15    would have predictability in knowing exactly 

16    where you would go and hopefully have enough time 

17    to plan to vindicate your rights.

18                 SENATOR LANZA:   Would the sponsor 

19    yield?  

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR MYRIE:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR LANZA:   Through you, 


                                                               860

 1    Madam President.  If this becomes law, they're 

 2    going to know it.  It doesn't mean they're going 

 3    to like it.  And it doesn't mean it's right.

 4                 I just keep coming back to that 

 5    person who lives in the middle of the state, 

 6    Cortland County.  Constitutional rights are 

 7    violated, and they've got to figure out a way to 

 8    get 150 miles to a court when there's probably a 

 9    pretty good courthouse with pretty good judges 

10    that they elected that come from their community 

11    a couple of minutes away.

12                 And so through you, Madam President, 

13    I would ask the sponsor:  Don't you believe that 

14    that is a violation of due process rights that we 

15    have in this country?  

16                 SENATOR MYRIE:   Through you, 

17    Madam President.  In that hypothetical I don't 

18    think that there is a violation of due process, 

19    and I don't think that this bill in its entirety 

20    is violative of our due process laws, because you 

21    still do have the opportunity to vindicate your 

22    rights.  

23                 We are just, as we have done in 

24    other areas of the law, and which has been done 

25    in the past, are focusing where that vindication 


                                                               861

 1    can take place.  But this is not an infringement 

 2    or an eradication of your ability to vindicate 

 3    those rights.

 4                 SENATOR LANZA:   Will the sponsor 

 5    yield?

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR LANZA:   Through you, 

12    Madam President.  And I know the answer to this 

13    question.  I know how my colleague will answer 

14    it.  And so it's more rhetorical than not.  But 

15    would it be okay for a person who lives in 

16    New York City whose voting rights are violated -- 

17    they're a citizen, they're registered, they live 

18    within the district, they show up to the polling 

19    place, and for whatever reason they're told to go 

20    home, you can't vote.  I don't like the way you 

21    look.  

22                 If that happens, does the sponsor 

23    believe that it would be okay, consistent with 

24    due process rights, that that person would have 

25    to go -- which one haven't I spoke about?  Seneca 


                                                               862

 1    County.  Would it be all right to the sponsor, 

 2    would it be consistent with due process, would it 

 3    be consistent with our Constitution that such a 

 4    person would need to find a way to get to 

 5    Seneca County in order to find justice?  

 6                 SENATOR MYRIE:   Through you, 

 7    Madam President, it would not be okay.  And 

 8    that's not the current process.  

 9                 If someone has had that exact 

10    hypothetical happen, they would not have to go to 

11    a court somewhere far.  But we have processes 

12    already in place for them to have those rights 

13    hopefully vindicated locally.  That is a 

14    different -- that is an individual infringement, 

15    as opposed to what the Constitution references in 

16    Article III, Section 5, about apportionment and 

17    statewide apportionment and the impact that that 

18    has not just to the individual voter but to 

19    voters writ large.

20                 SENATOR LANZA:   Will the sponsor 

21    yield -- 

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Lanza, before you continue, I'd just like to 

24    remind you of the time, that you've passed the 

25    30-minute mark.


                                                               863

 1                 SENATOR GIANARIS:   Madam President, 

 2    if we can let him finish his line of questioning.

 3                 ACTING PRESIDENT PERSAUD:   Yes.  

 4    No, I was just reminding him.

 5                 SENATOR LANZA:   Thank you, 

 6    Madam President.

 7                 ACTING PRESIDENT PERSAUD:   You're 

 8    welcome.

 9                 SENATOR LANZA:   Just a couple more.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR MYRIE:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR LANZA:   Through you, 

16    Madam President.  So as I suspected, because I 

17    know my colleague, he agrees that that would not 

18    be all right.  

19                 But it is not different.  It's not 

20    different.  In fact, it's the same thing.  We're 

21    talking about virtually the same rights, the 

22    right to vote.  We all agree that unlawful 

23    gerrymandering violates a person's rights when it 

24    comes to the electoral process.  

25                 And so I will just make the point -- 


                                                               864

 1    through you, Madam President -- if that is not 

 2    all right, then clearly this isn't either.  

 3                 And through you, Madam President -- 

 4    and I know I've been beating around this one for 

 5    a while.  Is it the sponsor's contention that 

 6    judges in the other counties could not do the 

 7    job?  And if -- if not, then why shouldn't they 

 8    be allowed to do the job they were elected to do?  

 9                 SENATOR MYRIE:   Through you, 

10    Madam President, that is not my contention.  

11                 And it is my hope that every jurist 

12    that puts on the robes and serves the public in 

13    that way will have the opportunity to continue to 

14    do so after this bill is signed into law.

15                 SENATOR LANZA:   Would the sponsor 

16    yield?

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR MYRIE:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR LANZA:   Through you, 

23    Madam President.

24                 We can't get around the clear 

25    rationale.  I mean, it's in the sponsor's 


                                                               865

 1    justification memo.  Clearly what is being 

 2    alleged here on the floor of the New York State 

 3    Senate is that judges in the other counties can't 

 4    do the job, that this requires a special 

 5    expertise that can only happen in four counties 

 6    in New York that happen to be Democratically 

 7    elected counties, that only they can develop an 

 8    expertise that will only be needed today and not 

 9    again for 10 years.  

10                 And if that's the case -- and I've 

11    tried to go through hypotheticals and examples to 

12    demonstrate why that is so wrong, why that is so 

13    unconstitutional, why that is so violative of due 

14    process rights that we take, I think, too much 

15    for granted in this state.  You know, I just -- 

16    through you, Madam President, would it be all 

17    right -- so we talk about expertise.  

18                 I look at certain counties and it 

19    seems to me -- like New York County, it seems to 

20    me that they haven't quite developed an expertise 

21    when it comes to keeping the streets safe.  It's 

22    my perspective, when I look out the window from 

23    Staten Island -- I don't see Russia, but I see 

24    New York County.  And it seems to me that there 

25    is a lacking of expertise.  Maybe I'm wrong.  


                                                               866

 1    Maybe it's something else -- yeah, he is far too 

 2    young for that (laughing).

 3                 So why not -- if that's what we 

 4    need, why not say anyone arrested for committing 

 5    a crime, accused of committing a crime, why not 

 6    say let's have them all prosecuted in 

 7    Staten Island?  I think we do a fine job on 

 8    Staten Island.  I think we have a great expertise 

 9    there.  I think we're very efficient.  Why not do 

10    it that way?

11                 SENATOR MYRIE:   Through you, 

12    Madam President.  I appreciate my colleague's 

13    hypotheticals, hypotheticals that are not related 

14    to voting rights or apportionment.  

15                 I would argue that this is different 

16    in kind, particularly because we have seen this 

17    before in our laws in what the Department of 

18    Justice has done on the federal Voting Rights 

19    Act, on requiring that the D.C. Circuit be the 

20    place where those challenges take place.

21                 I think it's in line with all of the 

22    things that we have mentioned, both our statutes, 

23    our precedent, and what we have seen on the 

24    federal level.

25                 SENATOR LANZA:   Through you, 


                                                               867

 1    Madam President, thank you.

 2                 On the bill, quickly.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Lanza on the bill.

 5                 SENATOR LANZA:   Through you, 

 6    Madam President.  First, I want to thank my 

 7    esteemed colleague for the discussion.  We 

 8    obviously come from a different perspective here 

 9    and have opposing viewpoints with respect to this 

10    legislation.  But I always enjoy speaking to and 

11    discussing these matters, especially when it 

12    comes to constitutional matters, with my good 

13    friend Senator Myrie.

14                 Madam President, I oppose this 

15    legislation because, contrary to what my good 

16    friend just said, this is not different than all 

17    the other constitutional rights that we are 

18    afforded here in America, in New York.  It's not 

19    different.  

20                 I agree with him when he said these 

21    maps and the issues surrounding them strike at 

22    the heart of our republic and our democracy and 

23    what is just and what is not.  And so too all the 

24    other protections in our Constitution.  No less, 

25    no more.  First Amendment and beyond.  


                                                               868

 1                 And it just seems suspicious to 

 2    those of us in the political world that when it 

 3    comes to this issue, this constitutional right 

 4    that has repercussions with respect not only to 

 5    constitutional rights and the people in New York, 

 6    their rights, their voting rights, but also 

 7    involves the rights of the electeds and who's in 

 8    power and who is not -- that all of a sudden, 

 9    when it overflows into that arena, when it comes 

10    down to who's going to win an election and who's 

11    going to lose an election, now we need special 

12    courts.  We don't like what happened the last 

13    time around, even though this is one of the 

14    courts -- a different composition.  I won't get 

15    into that.  

16                 But it's not different, 

17    Madam President.  Constitutional rights are 

18    constitutional rights are constitutional rights.  

19    And we have 13 judicial districts in New York for 

20    a reason.  It is another fundamental right that 

21    we believe in America that when we bring a 

22    grievance before a court, that it's going to be a 

23    court familiar with us, with our community, that 

24    it's going to be a court that was put in place by 

25    that very same community.


                                                               869

 1                 And this just throws that out the 

 2    window.  I believe this is unconstitutional, and 

 3    it will be found so.  I really believe that.  And 

 4    I really wish my colleagues would rethink the 

 5    idea that only justices in these four counties 

 6    somehow know the law better than any other 

 7    justices in every other county.  It's absurd.  It 

 8    really is.

 9                 Madam President, I'll be voting no 

10    when the time comes.

11                 ACTING PRESIDENT PERSAUD:   Thank 

12    you, Senator.

13                 Senator Borrello.

14                 SENATOR BORRELLO:   Thank you, 

15    Madam President.  On the bill.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Borrello on the bill.

18                 SENATOR BORRELLO:   You know, I 

19    think Senator Lanza summed it up nicely about the 

20    constitutional issue here.  The First Amendment 

21    really is what's at issue here, the First 

22    Amendment of the United States Constitution, 

23    which supersedes the State Constitution.

24                 The First Amendment says, among 

25    other things, that you have the right to petition 


                                                               870

 1    your government.  There's no limitation on that.  

 2    There's no convenient place to go.  Expertise, no 

 3    expertise, you have the right to petition your 

 4    government.  

 5                 It's in dictatorships where you're 

 6    limited as to where you can go.  That is not this 

 7    area.

 8                 You know, what's funny about this is 

 9    that what we do here most often in this chamber 

10    is provide more opportunities for people to 

11    petition their government.  How many bills have 

12    we voted on that include a private right of 

13    action?  A lot of them.  We're making it easier 

14    for people to petition the court, easier to bring 

15    lawsuits.  

16                 But not today.  Today we're going to 

17    go from 62 counties to four, all of which just 

18    happen to be blue counties.  That's egregious.  

19    It's bold.  It's also shameful.  

20                 Why are we doing this now?  Because 

21    maybe you got spanked a little bit in 2022 and 

22    you don't like that.  So we're going to change 

23    the rules of the game.  I get it; you have that 

24    right to do so.  But not in violation of the 

25    United States Constitution.  Not in violation of 


                                                               871

 1    the First Amendment.  Not so egregious that the 

 2    people of New York State will be limited as to 

 3    where they can receive justice.  

 4                 I hear a lot about justice from my 

 5    friends on the other side of the aisle.  We want 

 6    to make sure that people get justice, every 

 7    person gets justice.  But not today.  Today, only 

 8    four places you can get justice in New York 

 9    State.

10                 That's wrong, and I'm voting no.

11                 Thank you, Madam President.

12                 ACTING PRESIDENT PERSAUD:   Thank 

13    you, Senator.

14                 Senator Stec.

15                 SENATOR STEC:   Thank you, 

16    Madam President.  Would the sponsor please rise?  

17                 ACTING PRESIDENT PERSAUD:   Will the 

18    sponsor yield?

19                 SENATOR MYRIE:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR STEC:   Thank you, 

23    Madam President.  Through you.  

24                 For the sponsor, did I hear you 

25    correctly that previously in debate you said that 


                                                               872

 1    you were from Kings County and as the sponsor of 

 2    this bill you are not offended that Kings County 

 3    was not one of the venues, the four venues that 

 4    we've been talking about?  

 5                 SENATOR MYRIE:   Through you, 

 6    Madam President, I believe that's what I said.

 7                 SENATOR STEC:   I just wanted to 

 8    make sure I heard Kings.

 9                 Thank you, Madam President.  If the 

10    sponsor would continue to yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR MYRIE:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR STEC:   All right.  So my 

17    Senate district is in the North Country, as you 

18    know:  Clinton, Franklin, St. Lawrence, Essex, 

19    Warren, Washington County.  I can guarantee you 

20    the people of those six counties will be 

21    offended, especially when you have to drive four 

22    and a half hours, for some of them, to get to 

23    Albany.  An electric vehicle in the winter, that 

24    could be a daunting task, but that's a little 

25    tangential.  


                                                               873

 1                 My question is, what happens if one 

 2    of my constituents goes and files a case, 

 3    attempts to file a case in their home 

 4    Supreme Court concerning maps?  Does the court 

 5    just throw it out?  What is the process when they 

 6    walk into Franklin County or Clinton County and 

 7    say, I want to challenge these maps that affect 

 8    my lines?

 9                 SENATOR MYRIE:   Through you, 

10    Madam President, what I believe would happen 

11    there is that the defendant in that case, 

12    whomever that might be, would move to dismiss it 

13    because it's in the improper venue.

14                 SENATOR STEC:   If the sponsor would 

15    continue to yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR MYRIE:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR STEC:   Thank you.  Through 

22    you, Madam President.

23                 So several times in previous debate 

24    you cited and you used the word "precedents," and 

25    you pointed out precedents of the district, the 


                                                               874

 1    D.C. Circuit Court, you pointed out the 

 2    precedents of the John R. Lewis Voting Rights Act 

 3    of last year.  

 4                 Now, the D.C. Circuit Court, the 

 5    interesting thing about that is it is not part of 

 6    any state.  The District of Columbia is 

 7    independent of the 50 states.  It has a special 

 8    status as a neutral ground.  It was done so 

 9    intentionally.  And that is why it has 

10    jurisdiction over some of these voting rights 

11    challenges.

12                 So my question is, does New York 

13    State have a similar kind of no man's land that's 

14    been carved out that would be akin to a D.C. 

15    Circuit Court?

16                 SENATOR MYRIE:   Through you, 

17    Madam President, we do not have the D.C. Circuit 

18    in New York State.  

19                 SENATOR STEC:   Through you, 

20    Madam President, if the sponsor would continue to 

21    yield.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR MYRIE:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               875

 1    sponsor yields.

 2                 SENATOR STEC:   Thank you.  

 3                 So would you agree that the D.C. 

 4    Circuit Court is a special creature because it 

 5    doesn't fall under -- or doesn't have a dog in 

 6    the fight that any of the 50 states that it 

 7    serves in these kinds of questions -- does 

 8    that -- does that make sense to you?  

 9                 SENATOR MYRIE:   Through you, 

10    Madam President, I would respectfully disagree.  

11                 SENATOR STEC:   Madam President, 

12    would the sponsor continue to yield?

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR MYRIE:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR STEC:   You mentioned again 

19    as precedent the John R. Lewis Voting Rights Act 

20    that we voted on in this chamber last year, in 

21    2023.  Correct?  

22                 SENATOR MYRIE:   '22.

23                 SENATOR STEC:   We voted on that --

24                 SENATOR MYRIE:   Through you, 

25    Madam President, 2022.


                                                               876

 1                 SENATOR STEC:   All right.  And, 

 2    Madam President, will the sponsor yield?

 3                 ACTING PRESIDENT PERSAUD:   Will the 

 4    sponsor yield?

 5                 SENATOR MYRIE:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR STEC:   Were you the sponsor 

 9    of that legislation?  

10                 SENATOR MYRIE:   Through you, 

11    Madam President, I was.

12                 SENATOR STEC:   All right, 

13    Madam President, if the sponsor would continue to 

14    yield.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    sponsor yield?

17                 SENATOR MYRIE:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR STEC:   Now, this 

21    Voting Rights Act that we took up in 2022, the 

22    redistricting and those court cases were -- I 

23    mean, the maps and the special master and the 

24    appellate process, the Steuben County case, that 

25    had already occurred before we voted on the 


                                                               877

 1    John R. Lewis Voting Rights Act, correct?

 2                 SENATOR MYRIE:   (No response.)

 3                 SENATOR STEC:   I mean, the maps 

 4    were thrown out in April.

 5                 SENATOR MYRIE:   Through you, 

 6    Madam President, I think -- I was just trying to 

 7    recall the timeline there.  

 8                 But I would note again that the 

 9    John R. Lewis Voting Rights Act did not and does 

10    not deal with statewide redistricting or 

11    apportionment, whereas this bill does.

12                 SENATOR STEC:   But election law.  

13    Madam President, through you.  But election -- it 

14    deals with election law.

15                 SENATOR MYRIE:   Through you, 

16    Madam President, yes, it does.

17                 SENATOR STEC:   Through you, 

18    Madam President, if the sponsor would continue to 

19    yield.  

20                 ACTING PRESIDENT PERSAUD:  Does the 

21    sponsor yield? 

22                 SENATOR MYRIE:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR STEC:   If I could be more 


                                                               878

 1    clear, because this is an important point I'm 

 2    trying to make.

 3                 The John R. Lewis Voting Rights Act 

 4    dealt with what jurisdictions -- similar to this 

 5    issue, dealt with what jurisdictions, what 

 6    counties, Supreme Courts, could hear election law 

 7    cases; correct?

 8                 SENATOR MYRIE:   Through you, 

 9    Madam President, not exactly.  

10                 This is what I was trying to clarify 

11    with Senator Lanza earlier.  Only in the 

12    preclearance context.

13                 SENATOR STEC:   Madam President, 

14    would the sponsor continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    sponsor yield?

17                 SENATOR MYRIE:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR STEC:   Back to the 

21    timeline, though.  We did vote on the Voting 

22    Rights Act after the maps were thrown out.

23                 SENATOR MYRIE:   Through you, 

24    Madam President, yes.

25                 SENATOR STEC:   Okay, thank you.  


                                                               879

 1                 Madam President, if the sponsor 

 2    would continue to yield.  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield? 

 5                 SENATOR MYRIE:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR STEC:   Would you agree that 

 9    it's either very coincidental or would it be 

10    suspicious to think that in 2022, in dealing with 

11    other election law cases and establishing four 

12    jurisdictions, blue-jurisdiction County Supreme 

13    Courts, dealing with election law cases, that was 

14    voted on, debated and voted on in this chamber 

15    after -- in parallel and after the redistricting 

16    maps were thrown out that -- but admitted it 

17    failed to address the jurisdictions that we're 

18    talking about here today with the maps -- that 

19    that was legislation that was put in place to 

20    create a precedent so that these maps that we 

21    could be talking about in today's legislation, 

22    and you could point to that as we set precedent.  

23    Well, we set precedent -- we could have done this 

24    then.  

25                 Do you follow what I'm saying?  


                                                               880

 1                 SENATOR MYRIE:   Through you, 

 2    Madam President, I think I'm following.  And I 

 3    think what you're implying is that we passed the 

 4    John R. Lewis Voting Rights Act as a political 

 5    scheme to set up precedent in response to what 

 6    has happened.  

 7                 And while I appreciate this 

 8    exchange, the John R. Lewis Voting Rights Act was 

 9    introduced in 2020.  And we have been working on 

10    that bill for years.  It just happened to pass 

11    after the maps were struck down.

12                 SENATOR STEC:   Madam President, if 

13    the sponsor would continue to yield.

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR MYRIE:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR STEC:   Thank you, 

20    Madam President.  Through you.  

21                 So -- but again, it was amended -- 

22    it could have been amended again.  It could have 

23    been amended to anticipate -- ah, we've got a map 

24    issue here, you know, that's also election law 

25    stuff, why don't we include it.  And why wasn't 


                                                               881

 1    it -- why weren't the maps included in the John 

 2    R. Lewis Voting Rights Act?  

 3                 SENATOR MYRIE:   Through you, 

 4    Madam President, just to clarify, you're asking 

 5    why the John R. Lewis --

 6                 SENATOR STEC:   You sponsored both.  

 7    Why the two separate ones?  

 8                 SENATOR MYRIE:   Because one was not 

 9    dealing with maps at all.  And this is dealing 

10    specifically with maps.  

11                 The John R. Lewis Voting Rights Act 

12    vindicates a number of voting rights, not just in 

13    the redistricting context, although in some cases 

14    it might on the local level, as it pertains to 

15    at-large districts versus not-at-large districts.  

16                 But that had nothing to do with 

17    statewide apportionment.  And it was never, 

18    never -- to be absolutely clear -- my intent or 

19    any of my colleagues who voted to support that 

20    bill, to support it for political reasons.  This 

21    was to protect the voting rights of New Yorkers 

22    who thus far had not had them properly protected.  

23                 And in the absence of federal 

24    protection, in the absence of a stronger Section 

25    V in the federal Voting Rights Act, we found it 


                                                               882

 1    appropriate to come up with a New York version of 

 2    that.  That if you are familiar with voting 

 3    rights acts -- not just in this state, not just 

 4    the federal one, but across the country -- they 

 5    do not focus on maps or redistricting.  

 6                 Whereas this is specifically 

 7    addressing a constitutional right that a private 

 8    citizen has, and the Legislature's right to 

 9    prescribe regulations around how they vindicate 

10    that right.

11                 SENATOR STEC:   Thank you, 

12    Madam President.  If the sponsor will continue to 

13    yield, please.

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR MYRIE:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR STEC:   Earlier today -- in 

20    fact, the bill immediately before this two-bill 

21    supplemental calendar, part of the justification 

22    for throwing out the maps that we were just 

23    provided in a nine-to-one vote by the Independent 

24    Redistricting Commission was that there was 

25    concern about these maps and the people that drew 


                                                               883

 1    and approved these maps not being familiar with 

 2    the specific ins and outs, demographics and -- of 

 3    communities, and that they thought the -- I'm 

 4    paraphrasing another member, but that the -- that 

 5    the Independent Redistricting Commission didn't 

 6    factor in very local factors in the maps.  

 7                 In this -- in this bill, though, 

 8    however -- again, let's say that you've got 

 9    somebody in the North Country that doesn't like 

10    the way that the North Country's divvied up.  

11    Senator Walczyk and I split St. Lawrence County, 

12    and the independent master that drew the 

13    Senate line drew it right between the towns of 

14    Clifton and Fine.  

15                 Anyone that lives within 50 miles of 

16    the towns of Clifton and Fine knows that they're 

17    viewed as one community, Clifton and Fine.  I 

18    mean, the buzz is that, you know, they should be 

19    one town.  That was a -- you know, an anomaly 

20    that I wouldn't expect somebody from Pennsylvania 

21    to know.  

22                 How are we getting better 

23    treatment -- I mean, and let's say that that was 

24    an issue in St. Lawrence County and somebody that 

25    lived in Clifton and Fine wanted to bring an 


                                                               884

 1    action on these maps?  And now, instead of going 

 2    to St. Lawrence county Supreme Court, that 

 3    person's got to drive four and a half hours, 

 4    perhaps through the snow in the winter, with an 

 5    electric vehicle -- maybe he makes it, maybe he 

 6    doesn't -- to get to Albany.  

 7                 How is that any different than the 

 8    justification in the previous bill about 

 9    rejecting the maps?

10                 SENATOR MYRIE:   Through you, 

11    Madam President, I'm not sure I'm following 

12    entirely on the connection to the previous bill.  

13                 But I think on the substance of what 

14    you're communicating and whether or not a 

15    particular voter is going to have the chance to 

16    be vindicated in front of someone who, as my 

17    colleague referenced, knows them, knows the 

18    community -- imagine a scenario in which they did 

19    go to the St. Lawrence Supreme Court and then 

20    they appealed.  Where would they have to go?  

21    They've have to come to Albany.  

22                 These are, as you know and as all of 

23    us in this chamber know, these issues are almost 

24    certain to be appealed and will almost certainly 

25    end up in appellate court.  So why not, on the 


                                                               885

 1    first instance, allow for it to be in the 

 2    appellate court for them to develop that 

 3    expertise for everyone to be aware of that going 

 4    into the litigation, such that if there are 

 5    hardships with traveling, which I emphasize with, 

 6    or any other obstacles to them being able to get 

 7    to the courthouse, that you can plan for that 

 8    because you know where the suits will be brought.

 9                 SENATOR STEC:   Madam President, if 

10    the sponsor will yield for just a couple more 

11    questions.

12                 ACTING PRESIDENT PERSAUD:   Will the 

13    sponsor yield?

14                 SENATOR MYRIE:   Yes.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR STEC:   Okay.  You know, I 

18    mean, certainly I can understand that one of my 

19    constituents is going to say, Hey, I want to go 

20    into the court over which I have a vote of who 

21    sits in that Supreme Court, not somebody else's 

22    vote.  

23                 Is it a coincidence -- I think it's 

24    a coincidence -- or I think it's interesting that 

25    a two-bill supplemental calendar today -- that 


                                                               886

 1    this and the maps are the two bills on the 

 2    supplemental calendar.  You know, obviously the 

 3    other one was to reject a nine-to-one set of 

 4    maps.  I mean, this seems like an example of 

 5    anticipatory defensive legislation.  Is it?

 6                 SENATOR MYRIE:   Through you, 

 7    Madam President, this bill is an attempt to 

 8    introduce predictability into the system, to have 

 9    courts develop an expertise and to allow for 

10    individuals to have their rights vindicated in 

11    the way that is similar to the New York Voting 

12    Rights Act and to the federal Voting Rights Act.

13                 SENATOR STEC:   Thank you, 

14    Madam President.  On the bill.

15                 Thank you, Senator Myrie.  

16    Appreciate it.

17                 Look, we all know what happened two 

18    years ago; a judge in Steuben County threw out 

19    the maps.  And his decision, his decision was so 

20    well-written -- allow me to be a little cynical 

21    about whether or not our judiciary has any 

22    political leanings.  But a judge in Steuben 

23    County, not one of the four counties that would 

24    be afforded the ability to hear these kinds of 

25    cases in the future, wrote a decision that was so 


                                                               887

 1    bulletproof that the Court of Appeals had to 

 2    agree with him -- that the Appellate Division had 

 3    to agree with him first, and that the Court of 

 4    Appeals, seven justices all appointed by 

 5    Democratic Governors, they couldn't -- they 

 6    couldn't throw it out.

 7                 And so, number one, there's an 

 8    example of not one of our experts in one of the, 

 9    you know, cosmopolitan jurisdictions was able to 

10    write a case that, you know, the Court of Appeals 

11    couldn't overturn -- until some gymnastics a 

12    couple of years later.

13                 You know, this just -- it -- as a 

14    nonattorney listening to this and watching this, 

15    this just smells to me that the Majority is 

16    expecting a court challenge because it just threw 

17    out a nine-to-one recommended map from an 

18    Independent Redistricting Commission.  Their work 

19    product largely mirrors what an outsider drew 

20    last year.  You all appointed people to that, we 

21    appointed people to that, and it was nine to one.  

22    The Working Families and the Conservative Party 

23    and Democrat and Republican appointed members, 

24    nine out of 10 of them agreed on that.  

25                 And the Majority didn't like it, for 


                                                               888

 1    whatever reason.  That's your prerogative.  I 

 2    think I know the reasons, but I'll spare the 

 3    chamber, you know, talking too much politics.

 4                 But so now we've picked four 

 5    Democratic jurisdictions -- dark, dark, dark 

 6    blue.  You're not going to get that Steuben 

 7    independent "I'll look at this, write it" -- and 

 8    again, was he political?  I don't know.  He had 

 9    seven Democratic judges, a majority of them, and 

10    the Court of Appeals agreed with him.

11                 This smells like venue shopping.  We 

12    are going to preemptively decide who gets the 

13    first bite at the apple.  Because again, not an 

14    attorney, but everyone knows that first case, 

15    that first decision, that's the one that's really 

16    hard.  You've got to have a reason to depart from 

17    that.  

18                 And so, again, I firmly believe, 

19    like I did with what we did two years ago with 

20    the Voting Rights Act and selecting four venues 

21    then, that this is highly unconstitutional.  

22                 I'll be voting in the negative.

23                 ACTING PRESIDENT PERSAUD:   Okay, 

24    thank you.

25                 Senator Tedisco on the bill.


                                                               889

 1                 SENATOR TEDISCO:   On the bill, 

 2    Madam President.  

 3                 We have a tremendous amount of 

 4    discussion and debate on this floor, and 

 5    rightfully so, because it concerns all of us, 

 6    both affiliations, Democrat, Republican, as it 

 7    relates to diversity and equity.  

 8                 And what we're doing today with this 

 9    bill -- and I presume it's going to pass, because 

10    nothing comes onto this floor that doesn't pass 

11    with the majority we have, supermajority.  It 

12    strikes of hypocrisy to a great extent.  Not only 

13    for political affiliation, but geographic 

14    hypocrisy.  Here we are, we talk about diversity 

15    and equity.  But when it comes to disagreements, 

16    important disagreements on election law -- fair 

17    elections, fair election districts -- we don't 

18    want to have diversity or equity.  We want to 

19    have four counties, of the 62, who are controlled 

20    by Democratic judges, Democratic courts, 

21    Democratic judiciaries.  And we want to forget 

22    about all the other affiliations in all the other 

23    counties.  

24                 In that instance, we don't need 

25    diversity and we don't need equity, it seems 


                                                               890

 1    here.  And that kind of strikes me of hypocrisy.  

 2    If you really want diversity and equity, you'd 

 3    have it in every area, in every concern, in every 

 4    policy across the state.  But not so much in 

 5    this.  It seems that a supermajority isn't good 

 6    enough for you.  You want to do the redistricting 

 7    over again, the one that was entirely 

 8    unconstitutional.  And the sponsor says the 

 9    purpose of this is to stop judge -- shopping for 

10    judges and judiciaries.  

11                 This is the ultimate, if this bill 

12    passes, judiciary and judge and court shopping.  

13    This is one-stop shopping.  You'll be all done 

14    for the rest of our lives, and so will the 

15    19.5 million people in New York who want to 

16    support diversity and equity.  Because there will 

17    be no diversity and no equity as it relates to 

18    concerns about election law.

19                 You're going to four counties of one 

20    affiliation of the regions you pick of the state.  

21    You know, in a grocery store they have packers.  

22    All the packers are going to be packing a bias in 

23    decisions on behalf of your side of the aisle.  

24    That's pretty clear.

25                 So when we scream out here -- and we 


                                                               891

 1    know how important it is, all that diversity, all 

 2    that equity in a whole variety of different 

 3    ways -- not so much with something as important 

 4    as giving the people of New York State, the 

 5    19.5 million people, fair elections, fair 

 6    decisions about election law and fair election 

 7    districts.

 8                 I mean, there's a variety of things 

 9    you can do to win elections.  To cheat with our 

10    judiciary is not one of the better things, I 

11    think.  It doesn't do justice for you as public 

12    servants of the oath of office you took, of 

13    asking your constituents and telling them, We're 

14    not only elected officials, we're not only 

15    Senators and Assemblypeople, we're 

16    representatives.  We heard what you said with 

17    that amendment.  You want an outside, bipartisan 

18    commission of five Democrats, five Republicans.  

19                 Ah, didn't work so well for you.  So 

20    now you change the courts.  The commission came 

21    back, bipartisan -- 97 percent of the appointed 

22    individuals who came and made the congressional 

23    districts last time came out of this commission, 

24    which your constituents voted for across the 

25    state, and mine did.


                                                               892

 1                 So when you stand up and talk about 

 2    diversity and equity, I think your constituents 

 3    are watching you now and saying, eh, not so much.  

 4    Because the hypocrisy is going to be seen after 

 5    this bill passes and we all leave this Capitol 

 6    tonight.

 7                 Thank you, Madam Speaker -- Madam 

 8    President.

 9                 ACTING PRESIDENT PERSAUD:   Thank 

10    you, Senator.

11                 Are there any other Senators wishing 

12    to be heard?

13                 Seeing and hearing none, debate is 

14    closed.  The Secretary will ring the bell.

15                 Read the last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Ryan to explain his vote.

23                 SENATOR RYAN:   Thank you, 

24    Madam President.

25                 Just a few quick points about 


                                                               893

 1    Erie County.  We've heard a lot about Erie County 

 2    in this debate.  I heard Erie County referred to 

 3    as cosmopolitan.  We think highly of ourselves in 

 4    Erie County, but we do not self-describe as 

 5    cosmopolitan.  

 6                 (Laughter.)

 7                 SENATOR RYAN:   I've also heard 

 8    Erie County referred to as a blue county.  I wish 

 9    it was a blue county.  It is a purple county.  We 

10    have Republican legislators, we have Democratic 

11    legislators, and we go back and forth -- county 

12    executive, comptroller, sheriff and DA -- between 

13    Republicans and Democrats.  So far from a blue 

14    county.  

15                 But we should also note that 

16    Erie County sits in the Eighth Judicial District, 

17    which compromises eight counties the size of 

18    Rhode Island.  So when people will see a judge in 

19    Erie County, you're seeing a judge who is elected 

20    by voters of eight counties.  And the judge could 

21    come from any of those eight counties.  Counties, 

22    I might remind you, that are far less 

23    cosmopolitan than Erie County might be accused of 

24    being.

25                 And we should also note in the 


                                                               894

 1    Eighth Judicial District -- once again, the size 

 2    of Rhode Island -- there is a Commercial Part.  

 3    And if you have a commercial litigation in any of 

 4    the areas the size of Rhode Island, you have to 

 5    go to Erie County to have that case heard.  So 

 6    it's a quite common practice to have litigants 

 7    from different areas of judicial districts have 

 8    to go to one area to have a case heard.

 9                 That's all I have.  Just a small 

10    clarification of the purple Erie County.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Ryan to be recorded in the affirmative.

13                 Senator Skoufis to explain his vote.

14                 SENATOR SKOUFIS:   Thank you very 

15    much, Madam President.  

16                 And I certainly rise in support of 

17    the bill, and I'll be voting for it.  

18                 But I do want to respond to an 

19    identical argument we heard on a comparable bill 

20    last year, which is this hypothetical that, you 

21    know, I think in this case folks in Cortland 

22    County or Herkimer County will have to drive 

23    150 miles, it abridges their constitutional 

24    rights taking away the court of jurisdiction in 

25    their area.


                                                               895

 1                 And again, if we're being honest 

 2    here, or being transparent, we all know in this 

 3    chamber how these lawsuits work.  And in the past 

 4    two years we've had two redistricting lawsuits.  

 5    We've had one from the Democratic side and more 

 6    recently we've had the Harkenrider lawsuit 

 7    originally.  And I assure you Mr. Harkenrider 

 8    didn't open up the New York Post one morning, saw 

 9    what was going on and said, I need to file a 

10    lawsuit, and ran down the street to the nearest 

11    lawyer and then ran down the street again to the 

12    nearest state Supreme Court to file that lawsuit.  

13                 And similarly, Mr. Hoffmann didn't 

14    open up the New York Times and do the same thing 

15    in Albany County.

16                 What happens is party officials, 

17    they reverse-engineer these things and they look 

18    for a plaintiff.  I guarantee you neither 

19    Mr. Harkenrider nor Mr. Hoffmann spent a single 

20    day in court either filing the lawsuit or sitting 

21    through any of the hearings.

22                 And so this suggestion that we're 

23    abridging anyone's rights because they are not 

24    able to hop down the street and file a 

25    redistricting lawsuit in New York State if this 


                                                               896

 1    bill becomes law is, quite frankly, laughable.  

 2                 I vote aye.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Skoufis to be recorded in the affirmative.

 5                 Senator Rhoads to explain his vote.

 6                 SENATOR RHOADS:   Thank you so much, 

 7    Madam President.  

 8                 While I appreciate the lecture, 

 9    equal justice means equal access to justice.  And 

10    that's exactly what's being denied.  Because when 

11    we're talking about somebody having to travel 

12    four and a half hours to get to the same 

13    courthouse that someone lives 10 minutes away 

14    from, that is not equal access to justice.

15                 The reason why we have Supreme 

16    Courts in every county is so that people do not 

17    have to travel too far to get equal access to 

18    justice.  And that's exactly what's being denied 

19    here.  

20                 And the rationale that somehow we 

21    are trying to introduce predictability into the 

22    system is not a justification for denying equal 

23    access to justice.  Who are we trying to seek 

24    predictability for?  It's not for the public.  

25    It's for the politicians.


                                                               897

 1                 And if you look at the venues that 

 2    you've chosen, the predictability that you're 

 3    looking for is predictability for the 

 4    Democratic Party.  So that you're sure, when 

 5    there's a case in one of your four preselected 

 6    venues, you know the outcome.

 7                 That's wrong.  It's wrong and you 

 8    know it.  It's unconstitutional and you know it.

 9                 So I proudly vote in the negative, 

10    Madam President, and I would urge my colleagues 

11    to do so.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Rhoads to be recorded in the negative.

14                 Senator Bailey to explain his vote.

15                 SENATOR BAILEY:   Thank you, 

16    Madam President.  

17                 Thank you, Senator Myrie, for 

18    introducing this bill and for your masterful 

19    debate on this process.  

20                 When you practice in certain courts, 

21    there are certain parts that you go to.  There is 

22    a medical malpractice part.  We shouldn't 

23    eliminate that.  There is a Court of Small Claims 

24    for certain dollar amounts under a certain 

25    amount.  You shouldn't -- we should not eliminate 


                                                               898

 1    that.  

 2                 Civil Court has a certain dollar 

 3    amount.  We shouldn't eliminate that.  There is a 

 4    specialization in areas of law that we need, that 

 5    we require that we have, and this is along those 

 6    same lines.  I see no concerns, I see no 

 7    constitutional concerns.  There is no deprivation 

 8    of rights, moreover, than saying, Hey, I need -- 

 9    every court should be at 851 Grand Concourse.  

10    No, we should -- we can go down the block to 

11    criminal court.  

12                 We can't have every court in one 

13    court building even within the same jurisdiction 

14    within the same county.  

15                 I think this provides an appropriate 

16    remedy to modernize what we are attempting to do 

17    in making things, quite frankly, as Senator Myrie 

18    put it in the debate, being more responsive and 

19    being more specialized in a very specialized area 

20    of law.  

21                 We all know that if you have a will 

22    and trust that you need to do, you're not going 

23    to call 1-800-whatever-it-is plaintiff attorney, 

24    right?  You're going to go to a wills and trusts 

25    attorney.  


                                                               899

 1                 We need to do the same thing.  And I 

 2    proudly vote aye on this, Madam President.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Bailey to be recorded in the affirmative.

 5                 Senator Stec to explain his vote.

 6                 SENATOR STEC:   Extremely briefly.  

 7                 I just want to apologize to my 

 8    colleague for calling your county cosmopolitan.  

 9                 (Laughter.)

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator Stec.  

12                 Senator Stec to be recorded in the 

13    negative.

14                 Announce the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 465, those Senators voting in the 

17    negative are Senators Ashby, Borrello, Gallivan, 

18    Griffo, Helming, Lanza, Martins, Mattera, Murray, 

19    Oberacker, Ortt, Rhoads, Rolison, 

20    Scarcella-Spanton, Stec, Tedisco, Weber and Weik.

21                 Ayes, 39.  Nays, 18.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is passed.

24                 Senator Gianaris, that completes the 

25    reading of the controversial calendar.


                                                               900

 1                 SENATOR GIANARIS:   Thank you, 

 2    Madam President.  Is there any further business 

 3    at the desk?

 4                 ACTING PRESIDENT PERSAUD:   There is 

 5    no further business at the desk.

 6                 SENATOR GIANARIS:   I want to remind 

 7    the members of the Majority Conference to not 

 8    drift too far away tonight in case we need you 

 9    back.  

10                 But with that, I move to adjourn 

11    until Tuesday, February 27th, at 3:00 p.m.

12                 ACTING PRESIDENT PERSAUD:   On 

13    motion, the Senate stands adjourned until 

14    Tuesday, February 27th, at 3:00 p.m. 

15                 (Whereupon, at 5:42 p.m., the Senate 

16    adjourned.)

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