Regular Session - February 28, 2024

                                                                   964

 1                 NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 28, 2024

11                      1:58 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JEREMY A. COONEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               965

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

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT COONEY:   In the 

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

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT COONEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    February 27, 2024, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, February 26, 

18    2024, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT COONEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


                                                               966

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Good afternoon, 

 7    Mr. President.  

 8                 On behalf of Senator Stavisky, on 

 9    page 22 I offer the following amendments to 

10    Calendar 233, Senate Print 6112, and ask that 

11    said bill retain its place on Third Reading 

12    Calendar.

13                 ACTING PRESIDENT COONEY:   The 

14    amendments are received, and the bill will retain 

15    its place on the Third Reading Calendar.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Mr. President, 

18    at this time we're going to simultaneously call 

19    an immediate meeting of the Rules Committee in 

20    Room 332 and then proceed with resolutions.  

21                 Beginning with previously adopted 

22    Resolution 1586, by Senator Tedisco, read that 

23    resolution's title and recognize Senator Tedisco.

24                 ACTING PRESIDENT COONEY:   There 

25    will be an immediate meeting of the 


                                                               967

 1    Rules Committee in Room 332.

 2                 The Secretary will read.

 3                 THE SECRETARY:   Resolution 1586, by 

 4    Senator Tedisco, congratulating the 

 5    Waterford-Halfmoon Girls Soccer Team and 

 6    Head Coach Meghan Reynolds upon the occasion of 

 7    winning the New York State Class C Girls Soccer 

 8    Championship.

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Tedisco.

11                 SENATOR TEDISCO:   Thank you, 

12    Mr. President.  

13                 And let me apologize for the delay.  

14    You shouldn't delay and make champions wait.  

15                 But we're proud to have them here 

16    today.  And I'm pleased to welcome the 

17    back-to-back New York State Class C soccer 

18    champions to the chamber today.  They are the 

19    Waterford-Halfmoon Fordians.  

20                 The Waterford-Halfmoon High School 

21    Girls Soccer Team and Head Coach Meghan Reynolds 

22    played to a 2-2 double-overtime tie with 

23    Mount Academy to secure their share of a second 

24    consecutive New York State Class C Girls Soccer 

25    Championship on Sunday, November 12, 2023, at 


                                                               968

 1    Homer High School in Homer, New York.

 2                 Prior to their success at the state 

 3    level, these outstanding young ladies won the 

 4    Waseran League Section 2 and Regional 

 5    Championships, compiling an outstanding overall 

 6    record of 19, 1 and 3.  

 7                 The Fordians are also a New York 

 8    State Public High School Athletic Association 

 9    scholar-athlete team, as they garnered an overall 

10    team grade point average of 95.9.

11                 I want to welcome the team members 

12    to you.  They are Maddalyn Atwood, Bayly 

13    Beauregard, Imani Bloomfield, Rylan Charbonneau, 

14    Alondra Collet Cruz, Emily Costello, Emily 

15    Fanniff, Addyson Galuski, Payton Galuski, 

16    Zoe Grennon, Cassidy McClement, Piper Morris, 

17    Riley Noto, Mia O'Brien, Alexandra Phelps, 

18    Isabella Ramundo, Samara Roberts, Katie Stallmer, 

19    and Isabella Vecchio.  

20                 And of course, as I said, they don't 

21    get this far only with their great athletic 

22    talent and great educational achievements, 

23    without great leadership.  And the head coach is 

24    here, Head Coach Meghan Reynolds, and Assistant 

25    Coach Courtney Trembley.


                                                               969

 1                 Mr. President, I would ask you to 

 2    welcome them, congratulate them, and offer them 

 3    all the cordialities of this august body.

 4                 ACTING PRESIDENT COONEY:   Thank 

 5    you, Senator Tedisco.

 6                 To our, I welcome you on behalf of 

 7    the Senate.  We extend to you the privileges and 

 8    courtesies of the house.  

 9                 Please rise and be recognized.

10                 (Standing ovation.)

11                 ACTING PRESIDENT COONEY:   The 

12    resolution was adopted on January 9th.

13                 Senator Serrano.

14                 SENATOR SERRANO:   Thank you, 

15    Mr. President.

16                 Let's please take up previously 

17    adopted Resolution 1572, by Senator Persaud, read 

18    that resolution title only, and recognize 

19    Senator Persaud.

20                 ACTING PRESIDENT COONEY:   The 

21    Secretary will read.

22                 THE SECRETARY:   Senate Resolution 

23    1572, by Senator Persaud, memorializing 

24    Governor Kathy Hochul to proclaim February 29, 

25    2024, as Rare Disease Day in the State of 


                                                               970

 1    New York.

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Persaud.

 4                 SENATOR PERSAUD:   Thank you, 

 5    Mr. President.

 6                 February 29, 2024, is designated as 

 7    Rare Disease Day, a rare day indeed.  This day is 

 8    usually recognized on the last day of February, 

 9    but here we are, a leap year, and so it's fitting 

10    that we're saying it's Rare Disease Day on the 

11    29th.

12                 A rare disease is defined by the 

13    Orphan Drug Act of 1983 as a condition that 

14    affects fewer than 200,000 people in the 

15    United States.  Over 7,000 of these diseases have 

16    been identified, the more common of which include 

17    Huntington's disease, spina bifida, Fragile X 

18    syndrome, Guillain-Barré syndrome, Crohn's 

19    disease, and cystic fibrosis.

20                 Collectively there are 7,000 

21    diseases that are considered rare diseases, and 

22    they affect up to 30 million Americans.  

23                 According to the CDC, among the rare 

24    diseases it is common to find diseases 

25    misdiagnosed and delayed.  The definitions for 


                                                               971

 1    civilians are usually lacking, international 

 2    classification of diseases codes for 

 3    recordkeeping are poorly defined, and the list 

 4    goes on and on.

 5                 Most rare diseases begin in 

 6    childhood and can have devastating health 

 7    consequences, including premature death, severely 

 8    affecting the lives of caregivers, the 

 9    substantial economic impact on patients, their 

10    families and society.

11                 Although rare diseases are a common 

12    cause of neurological and intellectual 

13    disabilities, and many have no cure, some can be 

14    prevented or controlled, and the life span of 

15    patients can be extended into adulthood.  For 

16    instance, the life expectancy of cystic fibrosis 

17    patients has increased from under 10 years to 

18    over 40 years.

19                 The prevalence of Tay-Sachs has been 

20    drastically reduced among the Ashkenazi Jewish 

21    population, through population screening and 

22    strategies such as prenatal diagnosis for carrier 

23    couples and marriage avoidance between carriers.  

24                 For these reasons, Rare Diseases Day 

25    was established in 2008 and was first celebrated 


                                                               972

 1    on that February 29th day -- the last day, again, 

 2    of the month.  It is to raise awareness of the 

 3    aforementioned struggles of millions of Americans 

 4    who are considered to have rare diseases.  

 5                 Again, we have over 7,000 rare 

 6    diseases that are diagnosed. Many athletes you've 

 7    heard, you know, suddenly they're diagnosed with 

 8    something that you've never heard of, and they 

 9    say, you know, they're one in a million that will 

10    have this disease.  

11                 So today we acknowledge all of the 

12    persons, those 30 million Americans who are 

13    considered to have a rare disease, and the 

14    struggles that they continue to endure.

15                 So today, please, if you know anyone 

16    who's suffering from a rare disease, tell them 

17    today we acknowledge them and we understand their 

18    plight and we will continue to fight until these 

19    cures are found.

20                 So thank you, Mr. President.

21                 ACTING PRESIDENT COONEY:   Thank 

22    you, Senator Persaud.

23                 Senator Mayer.

24                 SENATOR MAYER:   Thank you, 

25    Mr. President.  


                                                               973

 1                 I want to thank my colleague 

 2    Senator Persaud for making sure that we not only 

 3    acknowledge this day as Rare Disease Day but 

 4    recognize the personal challenges of the families 

 5    of those with rare diseases.  

 6                 I want to mention three that I know 

 7    in my district and in my life, two of whom passed 

 8    away.  

 9                 Jacqueline Baker, a wonderful 

10    friend, a teacher, a member of the teachers 

11    union.  She was the parent of two children with 

12    sickle cell disease who faced many challenges.  

13    Within our community she was a leader on behalf 

14    of sickle cell, fighting for funds and research 

15    and treatment.  Her leadership has led to marked 

16    changes in our community -- along with, as 

17    Senator Persaud said, we need money, we need 

18    research, and we need the state to pay attention 

19    to these diseases, one by one, that affect our 

20    constituents.

21                 The next is our very good friend, 

22    for myself and the Majority Leader, a true hero, 

23    Pat Quinn, an ALS advocate.  He was the cofounder 

24    of the ALS Ice Bucket Challenge, which became a 

25    worldwide effort.  Pat Quinn was a Yonkers 


                                                               974

 1    native, a brilliant person, a most articulate 

 2    leader who turned a life-changing diagnosis into 

 3    steadfast commitment and advocacy.  

 4                 He died at 37 years old.  And 

 5    together with the Majority Leader, we have been 

 6    fighting for funding for ALS in the state 

 7    budget -- for research, advocacy, treatment -- 

 8    for so long.  And we were fortunate that the 

 9    Governor put some ALS funding into the budget 

10    this year.  It is long overdue.

11                 And third, Brigid Brennan, who's a 

12    trustee in the Village of Larchmont, in my 

13    district, whose son has Friedreich's ataxia, a 

14    debilitating, life-shortening, degenerative 

15    neuromuscular disease.

16                 Brigid reached out immediately when 

17    she saw the Governor's proposal and said, "Please 

18    make sure that other rare diseases are included 

19    in this effort."

20                 So today we acknowledge the personal 

21    struggles and challenges of those with rare 

22    diseases; their families, particularly their 

23    parents, who so often take care of them.  And we 

24    press collectively that it is our responsibility 

25    to do better as a state in terms of research, 


                                                               975

 1    funding and treatment.  As the resolution said, 

 2    more must be done.  

 3                 So again, I thank my colleague 

 4    Senator Persaud for making sure not only that we 

 5    talk about it, but we walk the walk of what needs 

 6    to be done for rare diseases in our state.  

 7                 And thank you, I proudly vote aye.

 8                 ACTING PRESIDENT COONEY:   Thank 

 9    you, Senator Mayer.  

10                 The resolution was adopted on 

11    January 9th.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   At the request 

14    of the sponsors, the resolutions are open for 

15    cosponsorship.

16                 ACTING PRESIDENT COONEY:   The 

17    resolutions are open for cosponsorship.  Should 

18    you choose not to be a cosponsor on the 

19    resolutions, please notify the desk.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Please take up 

22    the calendar.

23                 ACTING PRESIDENT COONEY:   The 

24    Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               976

 1    127, Senate Print 1413, by Senator Hinchey, an 

 2    act to amend the Environmental Conservation Law.

 3                 ACTING PRESIDENT COONEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect on the first of April.

 7                 ACTING PRESIDENT COONEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT COONEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 127, those Senators voting in the 

14    negative are Senators Martins, Rhoads, Weber and 

15    Weik.

16                 Ayes, 57.  Nays, 4.

17                 ACTING PRESIDENT COONEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    135, Senate Print 345, by Senator Gounardes, an 

21    act to amend the Civil Practice Law and Rules.

22                 ACTING PRESIDENT COONEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect on the 60th day after it 


                                                               977

 1    shall have become a law.

 2                 ACTING PRESIDENT COONEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT COONEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 135, those Senators voting in the 

 9    negative are Senators Borrello, Helming, Lanza, 

10    Martins, Ortt, Rhoads and Weik.

11                 Ayes, 54.  Nays, 7.

12                 ACTING PRESIDENT COONEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    138, Senate Print 2389, by Senator Myrie, an act 

16    to amend the Real Property Actions and 

17    Proceedings Law.  

18                 ACTING PRESIDENT COONEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect on the 120th day after it 

22    shall have become a law.

23                 ACTING PRESIDENT COONEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               978

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Borrello to explain his vote.

 3                 SENATOR BORRELLO:   Thank you, 

 4    Mr. President.

 5                 You know, I understand the intention 

 6    here with this.  I spent 10 years in county 

 7    government, and I know the blight that we often 

 8    have as a result.  My concern here is how this 

 9    will impact the ability for people to be able to 

10    get mortgages, for the number of lenders that 

11    will be in that space here in New York State.  

12                 You know, we have a housing 

13    crisis -- that's probably one of the things we 

14    can all agree on.  And reducing the number of 

15    lenders, increasing their costs, which ultimately 

16    are going to be borne by the folks that are 

17    getting those loans, is a problem.  And this will 

18    exacerbate that problem.  It's going to increase 

19    costs, reduce choice.  

20                 At the end of the day, I think we 

21    all agree, owning a home, which is usually the 

22    largest asset any family ever has, which creates 

23    generational wealth, particularly for people in 

24    lower income ranges -- this is important that we 

25    continue to have access and that banks, mortgage 


                                                               979

 1    lenders are able to do business here and do it 

 2    affordably, so that in turn it is affordable for 

 3    those folks that want to achieve that American 

 4    dream of owning their own home.  

 5                 So I will be voting no on this one.  

 6    Thank you.

 7                 ACTING PRESIDENT COONEY:   Senator 

 8    Borrello to be recorded in the negative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 138, those Senators voting in the 

12    negative are Senators Ashby, Borrello, 

13    Canzoneri-Fitzpatrick, Felder, Gallivan, Griffo, 

14    Helming, Lanza, Martins, Mattera, Murray, 

15    Oberacker, Ortt, Palumbo, Rhoads, Rolison, Stec, 

16    Tedisco, Weber and Weik.

17                 Ayes, 41.  Nays, 20.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    202, Senate Print 717, by Senator Cleare, an act 

22    to amend the Real Property Tax Law.

23                 ACTING PRESIDENT COONEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               980

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT COONEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Cleare to explain her vote.

 7                 SENATOR CLEARE:   Thank you, 

 8    Mr. President.

 9                 The Senior Citizens Rent Increase 

10    Exemption program, SCRIE, is one of the most 

11    important tools that we have to freeze rents for 

12    older New Yorkers, who are often on very fixed 

13    incomes but wish and deserve to age in the 

14    communities that they have lived in all their 

15    lives.

16                 In New York City it applies to well 

17    over 100,000 households -- but, like so many 

18    benefits, has hard caps and cliffs that lock 

19    people out.

20                 This bill will expand the population 

21    eligible to take advantage of SCRIE by excluding 

22    all medical and prescription drug expenses not 

23    reimbursed or paid for by insurance, from the 

24    definition of income for the purpose of 

25    determining eligibility for the program.


                                                               981

 1                 By allowing these essential costs to 

 2    be deducted, fewer individuals will exceed the 

 3    income cap and thus will remain or become 

 4    eligible for the SCRIE program and its many 

 5    benefits.  

 6                 I wish to thank my beloved seniors 

 7    from the A. Phillip Randolph Center for their 

 8    advocacy and hard work on this bill, and for 

 9    lobbying me to pass it, and I proudly vote aye.

10                 ACTING PRESIDENT COONEY:   Senator 

11    Cleare to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   Ayes, 62.

14                 ACTING PRESIDENT COONEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    225, Senate Print 1747, by Senator Ramos, an act 

18    to amend the Labor Law.

19                 ACTING PRESIDENT COONEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 5.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT COONEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               982

 1                 ACTING PRESIDENT COONEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 62.

 4                 ACTING PRESIDENT COONEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    236, Senate Print 1180, by Senator Harckham, an 

 8    act to amend Chapter 668 of the Laws of 1977.

 9                 ACTING PRESIDENT COONEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT COONEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT COONEY:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 62.

19                 ACTING PRESIDENT COONEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    239, Senate Print 4544, by Senator Skoufis, an 

23    act to amend the General Municipal Law.

24                 ACTING PRESIDENT COONEY:   Read the 

25    last section.


                                                               983

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT COONEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT COONEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 62.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    280, Senate Print 2297, by Senator Mayer, an act 

13    to amend the General Municipal Law.

14                 ACTING PRESIDENT COONEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT COONEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT COONEY:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 62.

25                 ACTING PRESIDENT COONEY:   The bill 


                                                               984

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    416, Senate Print 8440, by Senator Addabbo, an 

 4    act to amend the Racing, Pari-Mutuel Wagering and 

 5    Breeding Law.  

 6                 ACTING PRESIDENT COONEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT COONEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT COONEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 62.

16                 ACTING PRESIDENT COONEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    417, Senate Print 8441, by Senator Addabbo, an 

20    act to amend Chapter 473 of the Laws of 2010.

21                 ACTING PRESIDENT COONEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT COONEY:   Call the 


                                                               985

 1    roll.  

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT COONEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 417, those Senators voting in the 

 7    negative are Senators Brisport, Martinez and May.  

 8                 Ayes, 59.  Nays, 3.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 Senator Gianaris, that completes the 

12    reading of today's calendar.

13                 SENATOR GIANARIS:   Mr. President, I 

14    believe there's a report of the Rules Committee 

15    at the desk.  Can we please take that up.

16                 ACTING PRESIDENT COONEY:   The 

17    Secretary will read.

18                 THE SECRETARY:   Senator 

19    Stewart-Cousins, from the Committee on Rules, 

20    reports the following bills:  

21                 Senate Print 8653A, by 

22    Senator Gianaris, an act to amend the State Law; 

23                 Senate Print 8664, by Senator Myrie, 

24    an act to amend the Election Law.

25                 Both bills reported direct to third 


                                                               986

 1    reading.

 2                 SENATOR GIANARIS:   Move to accept 

 3    the report of the Rules Committee.

 4                 ACTING PRESIDENT COONEY:   All those 

 5    in favor of accepting the report of the 

 6    Rules Committee signify by saying aye.

 7                 (Response of "Aye.")

 8                 ACTING PRESIDENT COONEY:   Opposed, 

 9    nay.  

10                 (Response of "Nay.")

11                 ACTING PRESIDENT COONEY:   The 

12    report of the Rules Committee is accepted.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Please take up 

15    the supplemental calendar.  

16                 ACTING PRESIDENT COONEY:   The 

17    Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    565, Senate Print 8653A, by Senator Gianaris, an 

20    act to amend the State Law.

21                 SENATOR GIANARIS:   Is there a 

22    message of necessity at the desk?  

23                 ACTING PRESIDENT COONEY:   There is 

24    a message of necessity at the desk.

25                 SENATOR GIANARIS:   Move to accept 


                                                               987

 1    the message of necessity.

 2                 ACTING PRESIDENT COONEY:   All those 

 3    in favor of accepting the message please signify 

 4    by saying aye.  

 5                 (Response of "Aye.")

 6                 ACTING PRESIDENT COONEY:   Opposed, 

 7    nay.

 8                 (Response of "Nay.")

 9                 ACTING PRESIDENT COONEY:   The 

10    message is accepted, and the bill is before the 

11    house.

12                 SENATOR LANZA:   Lay it aside.

13                 ACTING PRESIDENT COONEY:   Lay it 

14    aside.

15                 THE SECRETARY:   Calendar Number 

16    566, Senate Print 8664, by Senator Myrie, an act 

17    to amend the Election Law.

18                 SENATOR GIANARIS:   Is there a 

19    message of necessity at the desk?

20                 ACTING PRESIDENT COONEY:   There is 

21    a message of necessity at the desk.

22                 SENATOR GIANARIS:   Move to accept 

23    the message of necessity.

24                 ACTING PRESIDENT COONEY:   All those 

25    in favor of accepting the message please signify 


                                                               988

 1    by saying aye.

 2                 (Response of "Aye.")

 3                 ACTING PRESIDENT COONEY:   Opposed, 

 4    nay.

 5                 (Response of "Nay.")

 6                 ACTING PRESIDENT COONEY:   The 

 7    message is accepted, and the bill is before the 

 8    house.

 9                 Read the last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.  

12                 ACTING PRESIDENT COONEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT COONEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 62.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 That completes the reading of the 

21    supplemental calendar.  

22                 SENATOR GIANARIS:   Please go to the 

23    controversial calendar.

24                 ACTING PRESIDENT COONEY:   The 

25    Secretary will ring the bell.


                                                               989

 1                 The Secretary will read.

 2                 THE SECRETARY:   Calendar Number 

 3    565, Senate Print 8653A, by Senator Gianaris, an 

 4    act to amend the State Law.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Palumbo, why do you rise?

 7                 SENATOR PALUMBO:   Thank you, 

 8    Mr. President.  Would the sponsor yield for a few 

 9    questions, please.

10                 ACTING PRESIDENT COONEY:   Will the 

11    sponsor yield?

12                 SENATOR GIANARIS:   I will.

13                 ACTING PRESIDENT COONEY:   The 

14    sponsor yields.

15                 SENATOR PALUMBO:   Very good.  Thank 

16    you, Mike.  Good afternoon.  How are you?  

17                 Just generally, I guess, as a 

18    reminder to our colleagues and for our folks not 

19    paying attention at home, this bill would create 

20    congressional district lines for the 26 

21    congressional districts in New York State.  

22                 And on Monday there was a map of 

23    districts submitted by the Independent 

24    Redistricting Commission.  So my first question 

25    is, does this map in any way alter the lines from 


                                                               990

 1    the map that was voted on on Monday?  

 2                 SENATOR GIANARIS:   Well, yes.  

 3    Otherwise we would have accepted the map on 

 4    Monday.  

 5                 SENATOR PALUMBO:   Will the sponsor 

 6    yield.

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR GIANARIS:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.  

12                 SENATOR PALUMBO:   So in that 

13    regard, with respect to any changes, who chooses 

14    or selected the changes that are within the 

15    current map that's before the floor today?  

16                 SENATOR GIANARIS:   I'm just trying 

17    to make sure I understand your question 

18    correctly.  Who --

19                 SENATOR PALUMBO:   Certainly, I'll 

20    rephrase it.  So let me -- I'll even make it -- 

21    kind of break it down a little bit.

22                 So after the original map was 

23    rejected, we now have new districts that are 

24    described by metes and bounds, with specific 

25    geographical locations.  Who chose these new 


                                                               991

 1    lines?

 2                 SENATOR GIANARIS:   That was a 

 3    collaborative effort between the Senate and 

 4    Assembly.  Like most legislation that appears 

 5    before us.

 6                 SENATOR PALUMBO:   And that was by 

 7    the Senate -- I'm sorry, could you say that a 

 8    little -- 

 9                 SENATOR GIANARIS:   And the 

10    Assembly.

11                 SENATOR PALUMBO:   And the Assembly?  

12                 SENATOR GIANARIS:   Yes.

13                 SENATOR PALUMBO:   Okay.  And would 

14    you yield for another question, please.

15                 ACTING PRESIDENT COONEY:   Does the 

16    sponsor yield?

17                 SENATOR GIANARIS:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR PALUMBO:   And was there any 

21    collaboration by the Democratic Minority 

22    Conference in the United States Congress?

23                 SENATOR GIANARIS:   Would the 

24    Senator repeat that, please.

25                 SENATOR PALUMBO:   Sure.  Hakeem 


                                                               992

 1    Jeffries is the Democrat Minority Leader in the 

 2    United States House of Representatives.  Was he 

 3    consulted at all with respect to these districts?  

 4                 SENATOR GIANARIS:   No.  I would not 

 5    say he was consulted, no.

 6                 SENATOR PALUMBO:   Would the sponsor 

 7    yield for another question.

 8                 ACTING PRESIDENT COONEY:   Does the 

 9    sponsor yield?

10                 SENATOR GIANARIS:   Yes.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR PALUMBO:   So with respect 

14    to the collaboration between the Senate and 

15    Assembly, who specifically -- which specific 

16    members -- for example, did you have any say with 

17    respect to the changes in these lines?  You 

18    specifically, Senator.

19                 SENATOR GIANARIS:   Well, as you can 

20    see on the paper in front of you, I am the prime 

21    sponsor of the bill.  So my name is attached to 

22    the legislation before you, and I had to agree to 

23    submit the legislation.  So in that respect, yes, 

24    I did.  And Assemblymember Zebrowski I believe is 

25    the sponsor in the Assembly.


                                                               993

 1                 SENATOR PALUMBO:   Would the sponsor 

 2    yield for another question.  

 3                 ACTING PRESIDENT COONEY:   Does the 

 4    sponsor yield?

 5                 SENATOR GIANARIS:   Yes.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.  

 8                 SENATOR PALUMBO:   Thank you.  

 9                 And of course through you, 

10    Mr. President, certainly sometimes we ask 

11    questions that we know the answer to in this 

12    situation.  So Senator Gianaris, other than 

13    yourself as the prime sponsor of this bill, did 

14    the sponsor consult with any other Senate members 

15    regarding the outline of these specific 

16    districts?

17                 SENATOR GIANARIS:   Oh, certainly.

18                 SENATOR PALUMBO:   I'm sorry?  

19                 SENATOR GIANARIS:   Certainly.

20                 SENATOR PALUMBO:   Certainly.  Thank 

21    you.  

22                 Would the sponsor yield for another 

23    question.

24                 ACTING PRESIDENT COONEY:   Does the 

25    sponsor yield?


                                                               994

 1                 SENATOR GIANARIS:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.

 4                 SENATOR PALUMBO:   And then again, 

 5    with respect to members of the Assembly, I'm 

 6    assuming that they certainly have a sponsor over 

 7    there in the event that this is on the floor.  

 8                 So do you -- did you consult at all 

 9    with any specific members of the Assembly?  

10                 SENATOR GIANARIS:   Yes.  We 

11    consulted with numerous members of the Assembly.

12                 SENATOR PALUMBO:   Will the sponsor 

13    yield for another question.

14                 ACTING PRESIDENT COONEY:   Does the 

15    sponsor yield?

16                 SENATOR GIANARIS:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.  

19                 SENATOR PALUMBO:   Can you just tell 

20    us generally what specific issues are involved 

21    regarding the collaboration and drafting of 

22    congressional districts?  I know there was some 

23    talk about communities of interest, splitting 

24    towns and counties.  Is there anything that I'm 

25    missing?  


                                                               995

 1                 SENATOR GIANARIS:   Well, as you 

 2    know, Senator Palumbo, the Constitution 

 3    prescribes guidelines for what should govern 

 4    these maps.  And those criteria were evaluated as 

 5    it related to the Independent Commission's map.  

 6    And then certainly we attempted, as best we 

 7    could, to draw a map that was better in that 

 8    regard than the map that we rejected on Monday.

 9                 SENATOR PALUMBO:   Will the sponsor 

10    yield?

11                 ACTING PRESIDENT COONEY:   Does the 

12    sponsor yield?

13                 SENATOR GIANARIS:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields.

16                 SENATOR PALUMBO:   Thank you, 

17    Senator.  And through you, Mr. President.  

18                 With regard to those considerations, 

19    do any of those factors weigh more heavily than 

20    the other when reviewing this criteria?  For 

21    example, would keeping a community of interest 

22    together weigh more heavily than splitting 

23    counties or splitting towns or something else, 

24    another aspect of that criteria?  

25                 SENATOR GIANARIS:   It's a good 


                                                               996

 1    question.  

 2                 And the Constitution does not assign 

 3    priority to its various factors, so we did our 

 4    best to come up with a product that complied as 

 5    best holistically with all of them as we could.

 6                 SENATOR PALUMBO:   Will the sponsor 

 7    yield.

 8                 ACTING PRESIDENT COONEY:   Will the 

 9    sponsor yield?

10                 SENATOR GIANARIS:   Yes.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR PALUMBO:   So in that 

14    regard, are there also additional factors that 

15    are prescribed by statute that are not 

16    necessarily in the Constitution regarding the 

17    adjustment or changes to a map submitted by the 

18    Independent Redistricting Commission with respect 

19    to the changes from that map to a new map?

20                 SENATOR GIANARIS:   Is that a 

21    statement or a question?  

22                 SENATOR PALUMBO:   I started kind of 

23    "are there any."  

24                 But yes, are there any other 

25    statutes or laws that would be -- would have -- 


                                                               997

 1    would be considered with respect to the drawing 

 2    of a new map that may be altered or may be 

 3    different than the IRC map?  

 4                 SENATOR GIANARIS:   Senator Palumbo, 

 5    I feel like you're beating around the bush.  Are 

 6    you asking about the 2 percent statutory rule?

 7                 SENATOR PALUMBO:   And yes, I'll 

 8    yield to answer that.  Exactly.  That's where I 

 9    was going. 

10                 Will the sponsor yield for another 

11    question?  

12                 SENATOR GIANARIS:   Yes, that rule 

13    is in the statute.  Except that this bill 

14    supersedes it.

15                 SENATOR PALUMBO:   Would the sponsor 

16    yield.

17                 ACTING PRESIDENT COONEY:   Does the 

18    sponsor yield?

19                 SENATOR GIANARIS:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.  

22                 SENATOR PALUMBO:   Thank you.  

23                 And now you've indicated that this 

24    bill supersedes it.  So in that regard, regarding 

25    that 2 percent specifically, I have here some 


                                                               998

 1    changes between the IRC map and this map that's 

 2    before us today.  In Congressional District 1, 

 3    6.2 percent.  Congressional District 2, 6.2.  CD 

 4    3, 6.2.  CD 14, 5.7.  CD 15, 5.9.  CD 16, 5.9.  

 5    Eighteen, 3.9.  Nineteen, 7.7.  Twenty, 3.6.  And 

 6    in CD 21, 7.4.

 7                 So my question is, under what 

 8    authority can you deviate in excess of 2 percent 

 9    in light of the fact that there is a law on the 

10    books that is currently a chapter from 2012 that 

11    would require us to stay within the 2 percent 

12    limit?

13                 SENATOR GIANARIS:   I appreciate 

14    Senator Palumbo listing out select districts, but 

15    I want to complete the list for him.  

16                 Congressional District 4 is zero 

17    percent.  Congressional District 5, zero percent.  

18    Congressional District 6, zero percent.  

19    Congressional District 7, zero percent.  

20    Congressional District 8, zero percent.  

21    Congressional District 9, zero percent.  

22    Congressional District 10, zero percent.  

23    Congressional District 11, zero percent.  

24    Congressional District 12, zero percent.  

25    Congressional District 13, zero percent.  


                                                               999

 1    Congressional District 17, zero percent.  

 2    Congressional District 22, zero percent.  

 3    Congressional District 23, zero percent.  

 4    Congressional District 24, zero percent.  

 5    Congressional District 25, zero percent.  And 

 6    Congressional District 26, zero percent.

 7                 Now, it bears noting that the amount 

 8    of change for the whole state is approximately 

 9    2 percent.  Even though we not withstood this 

10    statute and said it is superseded, we did our 

11    best to attempt to minimize the deviation that 

12    was required to correct the flaws in the map sent 

13    by the IRC.  

14                 And so I think -- to answer your 

15    question -- by minimizing the deviation to as 

16    small a number as we saw fit to improve upon the 

17    map from Monday, and in doing so to comply with 

18    the constitutional flaws of the map, as 

19    opposed -- which clearly I think we could all 

20    agree supersede, from a legal perspective, any 

21    statutory rules -- we kept the deviations you 

22    just listed to a minimum.

23                 SENATOR PALUMBO:   Will the sponsor 

24    yield?

25                 ACTING PRESIDENT COONEY:   Does the 


                                                               1000

 1    sponsor yield?

 2                 SENATOR GIANARIS:   Yes.  

 3                 ACTING PRESIDENT COONEY:   The 

 4    sponsor yields.

 5                 SENATOR PALUMBO:   Thank you, 

 6    Senator.

 7                 And with regard to the changes that 

 8    were made -- and I'll just -- just -- the area 

 9    I'll discuss of course is where I am on, down on 

10    Long Island.  That there were additional counties 

11    split, towns split.  For example, newly elected 

12    Congressman Suozzi's district now splits 

13    Huntington in half.  Congressional District 3 

14    went from two counties to three counties.  CD 2 

15    went from just Suffolk County to now Suffolk and 

16    Nassau.  

17                 So can you tell me the reasons for 

18    that split?  Because there was some discussion on 

19    Monday that there weren't communities of interest 

20    kept together, there were splitting counties, 

21    that the IRC map was flawed in such a way that it 

22    continued to supposedly split counties and towns 

23    in contravention to the Constitution.  

24                 So why is that appropriate, 

25    particularly, just for example, on Long Island?  


                                                               1001

 1    And how does that also comply?

 2                 SENATOR GIANARIS:   Let me correct 

 3    the record first.  District 2 had already been 

 4    crossing into Suffolk County.  That was not a new 

 5    crossing that occurred there.  

 6                 And to answer your question about 

 7    District 3, we returned this configuration to 

 8    that that had existed at least over the last 

 9    10 years -- I think perhaps longer than that -- 

10    where the Third District was a North Shore 

11    district.  Clearly, we believe, a community of 

12    interest on the North Shore of Long Island.  

13                 And it also bears noting that this 

14    configuration is very similar to the 

15    configuration that the -- so many lawsuits, I'm 

16    trying to get it right -- the petitioners in the 

17    original lawsuit against the maps we drew 

18    suggested for this district.  So -- and that was 

19    you all or your surrogates or whoever it was that 

20    brought the original suit that suggested a 

21    district very similar to this.

22                 SENATOR PALUMBO:   Thank you, 

23    Senator Gianaris.  

24                 On the bill, please.

25                 ACTING PRESIDENT COONEY:   Senator 


                                                               1002

 1    Palumbo on the bill.

 2                 SENATOR PALUMBO:   Thank you, 

 3    Mr. President.

 4                 And I do appreciate some of these 

 5    comments with regard to why these changes were 

 6    allegedly needed.  

 7                 But I think the bottom line is this, 

 8    that we created an Independent Redistricting 

 9    Commission in this body and down the hall.  It 

10    passed on the floor of the Senate and the 

11    Assembly.  It passed a second time on the floor 

12    of the Senate and the floor of the Assembly.  And 

13    then the concept of that commission was put to 

14    the voter, and the voters of New York State chose 

15    to draft districts in a particular fashion, in a 

16    bipartisan, equal fashion.  

17                 Because again, we always talk about 

18    you're not supposed to be selecting, as elected 

19    officials, the voter.  The voter selects you.  

20    That's the idea behind gerrymandering, that you 

21    don't pick and choose your communities.  You 

22    should have the communities' interests at heart, 

23    not your own.  And the voters passed this.  

24                 And then we have a map come to the 

25    floor that was passed nine to one.  So we have 


                                                               1003

 1    not just a simple majority of a bipartisan 

 2    commission that was constitutionally created, we 

 3    have a nine-to-one -- 90 percent thought that was 

 4    the fair and reasonable map.  

 5                 Let's not forget how we got here 

 6    with these maps in the beginning.  There was a 

 7    gerrymandering, an obviously constitutionally 

 8    violative gerrymandering of congressional 

 9    districts.  We had a special master from out of 

10    state who was simply a facts person, data.  They 

11    selected districts.  And the IRC map came out 

12    pretty close, because that criteria was 

13    considered again by actually political people.  

14    They came to that decision, and it was passed 

15    nine to one.  

16                 And then we have, unfortunately, 

17    politics injects itself.  And then we have a 

18    rejection of that map, and this map here.

19                 So regardless of the outcome -- and 

20    we always know that these numbers, some districts 

21    improve for one party, they improved a little for 

22    the other.  This favors incumbents, in my 

23    opinion.  And this ultimately is more about or 

24    only about the process.  The voters chose a 

25    commission to make this decision.  That's not 


                                                               1004

 1    what we have here.  

 2                 For those reasons I'll be voting no.

 3                 Thank you.

 4                 ACTING PRESIDENT COONEY:   Are there 

 5    any other Senators wishing to be heard?

 6                 Senator Lanza, why do you rise?

 7                 SENATOR LANZA:   Mr. President, 

 8    would the sponsor yield for just a very few 

 9    questions.

10                 ACTING PRESIDENT COONEY:   Will the 

11    sponsor yield?

12                 SENATOR GIANARIS:   Yes.

13                 ACTING PRESIDENT COONEY:   The 

14    sponsor yields.

15                 SENATOR LANZA:   Through you, 

16    Mr. President.  Can the sponsor can tell us when 

17    the map that is before us today was drawn?  

18                 SENATOR GIANARIS:   Well, it was 

19    introduced very late on Monday evening.

20                 SENATOR LANZA:   Will the sponsor 

21    yield? 

22                 ACTING PRESIDENT COONEY:   Will the 

23    sponsor yield?

24                 SENATOR GIANARIS:   Yes.

25                 ACTING PRESIDENT COONEY:   The 


                                                               1005

 1    sponsor yields.

 2                 SENATOR LANZA:   Through you, 

 3    Mr. President.  I understand when it was 

 4    introduced.  The question I have is, when was it 

 5    actually drawn?  

 6                 SENATOR GIANARIS:   The legislation 

 7    was introduced late Monday evening.  I'm not sure 

 8    I understand the question beyond that.

 9                 This map that we are looking at -- 

10    well, it's in text form in the bill -- was not in 

11    a form that you might consider drawn or completed 

12    till it was introduced very late on Monday 

13    evening.

14                 SENATOR LANZA:   Will the sponsor 

15    yield?

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield?

18                 SENATOR GIANARIS:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR LANZA:   Through you, 

22    Mr. President.  The data that was inserted into 

23    the legislation through that introduction, did it 

24    not exist in any form on any computer bank or on 

25    paper before it was introduced and made part of 


                                                               1006

 1    that legislation?  

 2                 SENATOR GIANARIS:   We're back to 

 3    the computers, Mr. President.

 4                 The data, the census data and the 

 5    demographic data of all these districts in 

 6    current form, in the form submitted by the IRC, 

 7    or just the maps in general, exists in the entity 

 8    known as LATFOR, our Legislative Task Force on 

 9    Reapportionment.  It was not compiled into the 

10    product we are voting on today until very late on 

11    Monday.

12                 SENATOR LANZA:  Would the sponsor 

13    yield?

14                 ACTING PRESIDENT COONEY:   Does the 

15    sponsor yield?

16                 SENATOR GIANARIS:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.

19                 SENATOR LANZA:   Through you, 

20    Mr. President.  So we know how things work here.  

21    And I know and we all know when this was 

22    introduced.  But the maps themselves did not just 

23    come out of the ethos {sic}.  They had to have 

24    existed for someone to insert them into the 

25    legislation.  


                                                               1007

 1                 And so my question remains, when 

 2    were they, quote, unquote, drawn?  When were 

 3    these congressional districts decided to look the 

 4    way they are today in this map?

 5                 SENATOR GIANARIS:   Monday night.

 6                 SENATOR LANZA:   Will the sponsor 

 7    yield?

 8                 ACTING PRESIDENT COONEY:   Does the 

 9    sponsor yield?

10                 SENATOR GIANARIS:   Yes.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR LANZA:   Through you, 

14    Mr. President.  So prior to Monday night there 

15    were no computer hard drives, there are no pieces 

16    of paper that have these or any other maps, 

17    besides the IRC maps, either entered or drawn 

18    upon them?

19                 SENATOR GIANARIS:   I think you 

20    should make your question a little more specific.  

21    You just asked me if there are computers that 

22    have any maps on them of any kind.

23                 SENATOR LANZA:   I'm trying to avoid 

24    the whole robot computer thing.

25                 SENATOR GIANARIS:   Yes, I 


                                                               1008

 1    appreciate that.

 2                 SENATOR LANZA:   I'm being drawn 

 3    inexorably ...

 4                 Would the sponsor yield?  

 5                 ACTING PRESIDENT COONEY:   Does the 

 6    sponsor yield?

 7                 SENATOR GIANARIS:   Yes.

 8                 SENATOR LANZA:   So let's start -- 

 9    I'll dissect the question.  So prior to Monday 

10    night, is there any computer hard drive upon 

11    which these maps are recorded?

12                 SENATOR GIANARIS:   No.

13                 SENATOR LANZA:   Would the sponsor 

14    yield?

15                 ACTING PRESIDENT COONEY:   Will the 

16    sponsor yield?

17                 SENATOR GIANARIS:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR LANZA:   Prior to Monday 

21    night, are there any pieces of paper that have 

22    these maps drawn upon them?  

23                 SENATOR GIANARIS:   No.

24                 SENATOR LANZA:   Will the sponsor 

25    yield?


                                                               1009

 1                 ACTING PRESIDENT COONEY:   Does the 

 2    sponsor yield?

 3                 SENATOR GIANARIS:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.

 6                 SENATOR LANZA:   Through you, 

 7    Mr. President.  Before -- before this legislation 

 8    was printed, someone had to enter the words and 

 9    the map lines into a computer.  My first 

10    question -- if I can ask two at once, through 

11    you, Mr. President -- is who did that.  And 

12    second, when did that happen?

13                 SENATOR GIANARIS:   Well, the answer 

14    to the second question is Monday night.  

15                 The first question is I believe it 

16    was the Bill Drafting Commission, like they do 

17    with every other piece of legislation that comes 

18    before us.

19                 SENATOR LANZA:   Very good.

20                 ACTING PRESIDENT COONEY:   Would the 

21    sponsor yield?

22                 ACTING PRESIDENT COONEY:   Does the 

23    sponsor yield?

24                 SENATOR GIANARIS:   Yes.

25                 ACTING PRESIDENT COONEY:   The 


                                                               1010

 1    sponsor yields.  

 2                 SENATOR LANZA:   I want to go back 

 3    to the "who."  A human being or more than one 

 4    human being decided that this is what the maps 

 5    ought to look like.  And I want to go through a 

 6    few.  

 7                 Well, first I'll ask generally, 

 8    through you, Mr. President.  Who are those 

 9    people?  

10                 SENATOR GIANARIS:   I feel like my 

11    memory is good enough to remember our debate two 

12    years ago, Senator Lanza.  And if you think I'm 

13    going to sit here and identify staff for you to 

14    harass, that's not going to happen.  

15                 So you could ask me about members, 

16    you could ask about public officials that have 

17    engaged in this process.  It's my name on the 

18    bill, so you can ask me about whatever is before 

19    us, because I agreed to introduce the bill.  But 

20    I'm not going to sit here and list for you staff 

21    members that have worked on this project.

22                 SENATOR LANZA:   Will the sponsor 

23    yield?

24                 ACTING PRESIDENT COONEY:   Will the 

25    sponsor yield?


                                                               1011

 1                 SENATOR GIANARIS:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.

 4                 SENATOR LANZA:   Senator Gianaris, I 

 5    have no intention of doing that.  I asked you 

 6    who.  You were free to tell me who those people 

 7    were.  I'm not looking to harass staff members or 

 8    any member in this chamber, for that matter.  I'm 

 9    looking to find out what happened here, why it 

10    happened, and how it happened.

11                 So I will be more specific, through 

12    you, Mr. President.  Were any -- are any of the 

13    lines that form the borders of these 

14    congressional districts, were they decided, 

15    selected by Congressman Jeffries?  

16                 SENATOR GIANARIS:   No.

17                 SENATOR LANZA:   Would the sponsor 

18    yield?

19                 ACTING PRESIDENT COONEY:   Does the 

20    sponsor yield?

21                 SENATOR GIANARIS:   Yes.

22                 ACTING PRESIDENT COONEY:   The 

23    sponsor yields.

24                 SENATOR LANZA:   Through you, 

25    Mr. President.  Were any of the lines that form 


                                                               1012

 1    these congressional districts chosen by the 

 2    Speaker of the Assembly?  

 3                 SENATOR GIANARIS:   I can't say who 

 4    on the Assembly side chose a line, but we 

 5    obviously negotiated with the Assembly to come 

 6    out with this legislation.

 7                 SENATOR LANZA:   Will the sponsor 

 8    yield.

 9                 ACTING PRESIDENT COONEY:   Does the 

10    sponsor yield?

11                 SENATOR GIANARIS:   Yes.

12                 ACTING PRESIDENT COONEY:   The 

13    sponsor yields.

14                 SENATOR LANZA:   Through you, 

15    Mr. President, I'm expecting a "Monday night" 

16    response, but perhaps not.  

17                 When was the decision to move the 

18    Third Congressional District into the Town of 

19    Huntington made?  

20                 SENATOR GIANARIS:   Monday night.

21                 SENATOR LANZA:   Would the sponsor 

22    yield?

23                 ACTING PRESIDENT COONEY:   Will the 

24    sponsor yield?

25                 SENATOR GIANARIS:   Yes.


                                                               1013

 1                 ACTING PRESIDENT COONEY:   The 

 2    sponsor yields.

 3                 SENATOR LANZA:   Through you, 

 4    Mr. President.  Who made that decision?  

 5                 SENATOR GIANARIS:   It was a joint 

 6    decision of the Senate and the Assembly.

 7                 SENATOR LANZA:   Would the sponsor 

 8    yield?

 9                 ACTING PRESIDENT COONEY:   Will the 

10    sponsor yield?

11                 SENATOR GIANARIS:   Yes.

12                 ACTING PRESIDENT COONEY:   The 

13    sponsor yields.

14                 SENATOR LANZA:   Through you, 

15    Mr. President.  So neither Congressman Jeffries, 

16    my friend the Speaker of the Assembly, my friend 

17    the Majority Leader here -- 

18                 SENATOR GIANARIS:   Deputy Majority 

19    Leader.

20                 SENATOR LANZA:   No, I'm speaking of 

21    the Majority Leader.

22                 SENATOR GIANARIS:   Oh, yes.

23                 SENATOR LANZA:   I said "my friend."  

24                 (Laughter.)

25                 SENATOR LANZA:   -- my very good 


                                                               1014

 1    friend Senator Gianaris, none of you -- none of 

 2    you actually selected any of the lines or the 

 3    borders that comprise these maps.

 4                 SENATOR GIANARIS:   I didn't say 

 5    that at all.

 6                 SENATOR LANZA:   Well, I'm asking.

 7                 SENATOR GIANARIS:   You're asking if 

 8    any of us had something to do with it?  

 9                 SENATOR LANZA:   Through you, 

10    Mr. President.  I'm asking whether or not any of 

11    you selected any of the borders that comprise 

12    these congressional districts.

13                 SENATOR GIANARIS:   Well, certainly 

14    myself and Assemblymember Zebrowski introduced 

15    legislation that contained these borders.  So 

16    obviously he and I decided to propose these 

17    borders.

18                 SENATOR LANZA:   Will the sponsor 

19    yield?

20                 ACTING PRESIDENT COONEY:   Will the 

21    sponsor yield?

22                 SENATOR GIANARIS:   Yes.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.

25                 SENATOR LANZA:   Senator Gianaris, 


                                                               1015

 1    you mentioned both -- I think it was Monday and 

 2    also today, certainly, flaws in the IRC maps, the 

 3    Independent Redistricting Commission maps.  Could 

 4    you tell us which of those flaws are corrected 

 5    here?

 6                 SENATOR GIANARIS:   I'd be happy to, 

 7    Senator Lanza.

 8                 SENATOR LANZA:   Thank you.

 9                 SENATOR GIANARIS:   The IRC proposal 

10    from Monday split counties six times.  And we 

11    repaired two of these splits in Orange County, 

12    which we made whole, and in Rensselaer County, 

13    which was split three times under their proposal.  

14                 The communities of interest that 

15    were not reflected in the IRC proposal in the 

16    North Bronx was repaired so that Co-Op City can 

17    be attached to its traditional congressional 

18    district.  

19                 And on Long Island, as we discussed 

20    earlier with Senator Palumbo, where there now is 

21    a North Shore district, as there has been for 

22    many, many years on Long Island.

23                 There was also, I believe, an effort 

24    by the commission to draw lines -- it appears -- 

25    for the purpose of benefiting specific 


                                                               1016

 1    incumbents, and we took steps to unravel that 

 2    improper map drawing.

 3                 SENATOR LANZA:   Would the sponsor 

 4    yield for one last question.

 5                 ACTING PRESIDENT COONEY:   Does the 

 6    sponsor yield?

 7                 SENATOR GIANARIS:   Yes.

 8                 ACTING PRESIDENT COONEY:   The 

 9    sponsor yields.

10                 SENATOR LANZA:   Through you, 

11    Mr. President.  I just -- one last attempt to 

12    sort of get at the heart of this with respect to 

13    the when, the how and the who.  

14                 Is the sponsor telling us that this 

15    map was not drawn until after the Independent 

16    Redistricting Commission maps were voted down on 

17    this floor?

18                 SENATOR GIANARIS:   The maps we are 

19    voting on today were not drawn until after that 

20    time, that is correct.

21                 SENATOR LANZA:   Thank you, 

22    Mr. President.  Thank you, Senator Gianaris.

23                 ACTING PRESIDENT COONEY:   Are there 

24    any other Senators wishing to be heard?

25                 Seeing and hearing none, debate is 


                                                               1017

 1    closed.

 2                 The Secretary will ring the bell.

 3                 (Pause.)

 4                 SENATOR GIANARIS:   Mr. President, 

 5    just so the members understand, we're waiting for 

 6    one of my colleagues who is taking a potty break.  

 7                 (Laughter.)

 8                 ACTING PRESIDENT COONEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 5.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT COONEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT COONEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 565, those Senators voting in the 

19    negative are Senators Ashby, Borrello, 

20    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

21    Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, 

22    Palumbo, Rhoads, Rolison, Stec and Tedisco.

23                 Ayes, 45.  Nays, 17.

24                 ACTING PRESIDENT COONEY:   The bill 

25    is passed.


                                                               1018

 1                 Senator Gianaris, that completes the 

 2    reading of the controversial calendar.

 3                 SENATOR GIANARIS:   Is there any 

 4    further business at the desk?

 5                 ACTING PRESIDENT COONEY:   There is 

 6    no further business at the desk.

 7                 SENATOR GIANARIS:   I move to 

 8    adjourn until Monday, March 4th, at 3:00 p.m., 

 9    intervening days being legislative days.

10                 ACTING PRESIDENT COONEY:   On 

11    motion, the Senate stands adjourned until Monday, 

12    March 4th, at 3:00 p.m., with the intervening 

13    days being legislative days.

14                 (Whereupon, at 2:48 p.m., the Senate 

15    adjourned.)

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