Regular Session - February 2, 2022
511
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 2, 2022
11 3:27 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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512
1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone 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 MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 February 1, 2022, the Senate met pursuant to
17 adjournment. The Journal of Monday, January 31,
18 2022, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator
513
1 Reichlin-Melnick moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 8762 and
3 substitute it for the identical Senate Bill 7774,
4 Third Reading Calendar 145.
5 ACTING PRESIDENT MAYER: So
6 ordered.
7 THE SECRETARY: Senator Bailey
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 8739 and substitute it for
10 the identical Senate Bill 7789, Third Reading
11 Calendar 158.
12 ACTING PRESIDENT MAYER: So
13 ordered.
14 THE SECRETARY: Senator Kaplan
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 8694 and substitute it for
17 the identical Senate Bill 7791, Third Reading
18 Calendar 159.
19 ACTING PRESIDENT MAYER: So
20 ordered.
21 THE SECRETARY: Senator Hinchey
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 8717 and substitute it for
24 the identical Senate Bill 7813, Third Reading
25 Calendar 177.
514
1 ACTING PRESIDENT MAYER: So
2 ordered.
3 THE SECRETARY: Senator Kaplan
4 moves to discharge, from the Committee on Rules,
5 Assembly Bill Number 8744 and substitute it for
6 the identical Senate Bill 7820, Third Reading
7 Calendar 184.
8 ACTING PRESIDENT MAYER: So
9 ordered.
10 THE SECRETARY: Senator Kennedy
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 8714 and substitute it for
13 the identical Senate Bill 7832, Third Reading
14 Calendar 191.
15 ACTING PRESIDENT MAYER: So
16 ordered.
17 THE SECRETARY: Senator Kaminsky
18 moves to discharge, from the Committee on Rules,
19 Assembly Bill Number 8724 and substitute it for
20 the identical Senate Bill 7833, Third Reading
21 Calendar 192.
22 ACTING PRESIDENT MAYER: So
23 ordered.
24 THE SECRETARY: Senator Brisport
25 moves to discharge, from the Committee on Rules,
515
1 Assembly Bill Number 8706 and substitute it for
2 the identical Senate Bill 7841, Third Reading
3 Calendar 199.
4 ACTING PRESIDENT MAYER: So
5 ordered.
6 THE SECRETARY: Senator Kavanagh
7 moves to discharge, from the Committee on Rules,
8 Assembly Bill Number 8749 and substitute it for
9 the identical Senate Bill 7831, Third Reading
10 Calendar 292.
11 ACTING PRESIDENT MAYER: So
12 ordered.
13 THE SECRETARY: Senator May moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 8839 and substitute it for
16 the identical Senate Bill 7886, Third Reading
17 Calendar 300.
18 ACTING PRESIDENT MAYER: So
19 ordered.
20 Messages from the Governor.
21 Reports of standing committees.
22 Reports of select committees.
23 Communications and reports from
24 state officers.
25 Motions and resolutions.
516
1 Senator Gianaris.
2 SENATOR GIANARIS: Thank you,
3 Madam President.
4 There will be an immediate meeting
5 of the Rules Committee in Room 332.
6 ACTING PRESIDENT MAYER: There will
7 be an immediate meeting of the Rules Committee in
8 Room 332.
9 SENATOR GIANARIS: The Senate
10 stands at ease.
11 ACTING PRESIDENT MAYER: The Senate
12 will stand at ease.
13 (Whereupon, the Senate stood at ease
14 at 3:30 p.m.)
15 (Whereupon, the Senate reconvened at
16 3:38 p.m.)
17 ACTING PRESIDENT MAYER: The Senate
18 will return to order.
19 Senator Gianaris.
20 SENATOR GIANARIS: Madam President,
21 there's a report of the Rules Committee at the
22 desk. Can we take that up, please.
23 ACTING PRESIDENT MAYER: The
24 Secretary will read.
25 THE SECRETARY: Senator
517
1 Stewart-Cousins, from the Committee on Rules,
2 reports the following bills:
3 Senate Print 8172A, by Senator
4 Gianaris, an act to amend the State Law;
5 Senate Print 8185A, by Senator
6 Gianaris, an act to amend the State Law;
7 Senate Print 8196, by Senator
8 Gianaris, an act to amend the State Law;
9 Senate Print 8197, by Senator
10 Gianaris, an act to amend the State Law.
11 All bills reported direct to third
12 reading.
13 SENATOR GIANARIS: Move to accept
14 the report of the Rules Committee.
15 ACTING PRESIDENT MAYER: All those
16 in favor of accepting the report of the
17 Rules Committee signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT MAYER: Opposed,
20 nay.
21 (Response of "Nay.")
22 ACTING PRESIDENT MAYER: The
23 Rules Committee report is accepted.
24 Senator Gianaris.
25 SENATOR GIANARIS: Let's take up
518
1 the reading of the calendar, please.
2 ACTING PRESIDENT MAYER: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 145, Assembly Print Number 8762, by
6 Assemblymember Kelles, an act to amend the
7 Public Health Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 145, those Senators voting in the
19 negative are Senators Akshar, Helming, Lanza,
20 Oberacker, Ortt and Weik.
21 Ayes, 57. Nays, 6.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 158, Assembly Print Number 8739, by
519
1 Assemblymember Hevesi, an act to amend the
2 Family Court Act.
3 SENATOR GIANARIS: Lay it aside for
4 the day.
5 ACTING PRESIDENT MAYER: The bill
6 is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 159, Assembly Print Number 8694, by
9 Assemblymember Thiele, an act to amend the
10 Transportation Law.
11 ACTING PRESIDENT MAYER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the same date and in the
15 same manner as a chapter of the Laws of 2021.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 177, Assembly Print Number 8717, by
520
1 Assemblymember Englebright, an act to amend the
2 Environmental Conservation Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar Number 177, those Senators voting in the
14 negative are Senators Helming and O'Mara.
15 Ayes, 61. Nays, 2.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 184, Assembly Print Number 8744, by
20 Assemblymember McDonald, an act to amend the
21 Executive Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the same date and in the
521
1 same manner as a chapter of the Laws of 2021.
2 ACTING PRESIDENT MAYER: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAYER: Announce
6 the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 191, Assembly Print Number 8714, by
12 Assemblymember Burke, an act to amend the
13 Business Law.
14 SENATOR O'MARA: Lay it aside.
15 SENATOR GIANARIS: Lay it aside for
16 the day, please.
17 ACTING PRESIDENT MAYER: The bill
18 is laid aside for the day.
19 THE SECRETARY: Calendar Number
20 192, Assembly Print Number 8724, by
21 Assemblymember Thiele, an act to amend the
22 Environmental Conservation Law.
23 ACTING PRESIDENT MAYER: Read the
24 last section.
25 THE SECRETARY: Section 5. This
522
1 act shall take effect on the same date and in the
2 same manner as a chapter of the Laws of 2021.
3 ACTING PRESIDENT MAYER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAYER: Announce
7 the results.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 199, Assembly Print Number 8706, by
13 Assemblymember Jean-Pierre, an act to amend the
14 Education Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the same date and in the
19 same manner as a chapter of the Laws of 2021.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
523
1 Calendar Number 199, those Senators voting in the
2 negative are Senators Borrello, O'Mara and Ortt.
3 Ayes, 60. Nays, 3.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 292, Assembly Print Number 8749, by
8 Assemblymember Cymbrowitz, an act to amend the
9 Private Housing Finance Law.
10 ACTING PRESIDENT MAYER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 292, those Senators voting in the
21 negative are Senators Akshar, Boyle, Gallivan,
22 Griffo, Helming, Jordan, Lanza, Martucci,
23 Mattera, Oberacker, O'Mara, Ortt, Palumbo,
24 Ritchie, Serino, Stec, Tedisco and Weik.
25 Ayes, 45. Nays, 18.
524
1 ACTING PRESIDENT MAYER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 300, Assembly Print Number 8839, by
5 Assemblymember Wallace, an act to amend the
6 Public Health Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 300, voting in the negative:
18 Senator Tedisco.
19 Ayes, 62. Nays, 1.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 Senator Gianaris, that completes the
23 reading of today's calendar.
24 SENATOR GIANARIS: Let's now move
25 on to the supplemental calendar, please.
525
1 ACTING PRESIDENT MAYER: There is a
2 substitution at the desk.
3 The Secretary will read.
4 THE SECRETARY: Senator Gianaris
5 moves to discharge, from the Committee on Rules,
6 Assembly Bill Number 9039A and substitute it for
7 the identical Senate Bill 8172A, Third Reading
8 Calendar 420.
9 ACTING PRESIDENT MAYER: The
10 substitution is so ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 420, Assembly Print Number 9039A, by
14 Assemblymember Zebrowski, an act to amend the
15 State Law.
16 SENATOR O'MARA: Lay it aside.
17 ACTING PRESIDENT MAYER: The bill
18 is laid aside.
19 ACTING PRESIDENT MAYER: There is a
20 substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Gianaris
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 9167 and substitute it for
25 the identical Senate Bill 8196, Third Reading
526
1 Calendar 422.
2 SENATOR O'MARA: Lay it aside.
3 ACTING PRESIDENT MAYER: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 422, Assembly Print Number 9167, by
8 Assemblymember Zebrowski, an act to amend the
9 State Law.
10 SENATOR O'MARA: Lay it aside.
11 SENATOR GIANARIS: Madam President,
12 is there a message of necessity at the desk on
13 this bill?
14 ACTING PRESIDENT MAYER: There is a
15 message at the desk.
16 SENATOR GIANARIS: Move to accept
17 the message of necessity.
18 ACTING PRESIDENT MAYER: All those
19 in favor of accepting the message of necessity
20 please signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MAYER: Opposed,
23 nay.
24 (Response of "Nay.")
25 ACTING PRESIDENT MAYER: The
527
1 message is accepted.
2 Senator Gianaris.
3 SENATOR O'MARA: Lay it aside.
4 ACTING PRESIDENT MAYER: The bill
5 is laid aside.
6 Senator Gianaris, that completes the
7 reading of the supplemental calendar.
8 SENATOR GIANARIS: Let's move on to
9 the controversial calendar, please.
10 ACTING PRESIDENT MAYER: The
11 Secretary will ring the bell.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 420, Assembly Print Number 9039A, by
15 Assemblymember Zebrowski, an act to amend the
16 State Law.
17 ACTING PRESIDENT MAYER: Senator
18 O'Mara, why do you rise?
19 SENATOR O'MARA: Will the sponsor
20 yield for a few questions.
21 ACTING PRESIDENT MAYER: Senator
22 Gianaris, do you yield?
23 SENATOR GIANARIS: Yes, I do.
24 ACTING PRESIDENT MAYER: The
25 Senator yields.
528
1 SENATOR O'MARA: Thank you,
2 Madam President.
3 Senator, we have before us here on
4 this supplemental active list the redistricting
5 legislation for the congressional districts
6 coming out of the 10-year census, as we do when
7 they are redrawn. You're the sponsor of this
8 legislation.
9 How many -- we went through a
10 process whereby we had an Independent
11 Redistricting Commission, didn't come out with
12 unified maps. We're here now, it went through
13 the LATFOR process, is my assumption.
14 Since we had no conclusion of the
15 Independent Redistricting Commission, how many
16 public hearings has the Majority held on these
17 lines, these congressional district lines?
18 SENATOR GIANARIS: The -- there
19 were extensive public hearings over many months,
20 with thousands of public submissions, that were
21 held by the commission during its process. And
22 that public record was what we had reviewed as we
23 went through our process as well.
24 SENATOR O'MARA: Did the State
25 Legislature --
529
1 ACTING PRESIDENT MAYER: Excuse me,
2 Senator O'Mara. Are you asking the Senator --
3 SENATOR O'MARA: Madam President,
4 will the sponsor yield.
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT MAYER: Senator
7 Gianaris, do you continue to yield?
8 SENATOR GIANARIS: Yes, I do.
9 ACTING PRESIDENT MAYER: The
10 Senator yields.
11 SENATOR O'MARA: These maps now are
12 drawn by the Democrat supermajorities of both
13 houses of the State Legislature, separate and
14 apart from the Independent Redistricting
15 Commission.
16 Did the State Legislature, either
17 the Senate or the Assembly, hold any public
18 hearings to get input on the maps that you have
19 unilaterally drawn?
20 SENATOR GIANARIS: There were
21 numerous public hearings over many months with
22 thousands of submissions --
23 SENATOR O'MARA: Did you have any
24 hearings --
25 SENATOR GIANARIS: Can I finish my
530
1 answer, please?
2 SENATOR O'MARA: You said the same
3 thing before, and it's not responsive.
4 SENATOR GIANARIS: It's the same
5 answer.
6 SENATOR O'MARA: It isn't.
7 Madam President, will the sponsor
8 continue to yield?
9 ACTING PRESIDENT MAYER: Senator
10 O'Mara, I think he was continuing to answer your
11 question. Let him finish, please, and you can go
12 to the next question.
13 SENATOR GIANARIS: Thank you,
14 Madam President.
15 As I stated already, there was
16 extensive public input that we reviewed and
17 adopted as the public record as we went through
18 this process.
19 There wasn't -- let me give a
20 further explanation, since Senator O'Mara is --
21 seems riled up today.
22 There is an incredible time pressure
23 on what we're doing that we tried to fix -- and
24 many Republicans opposed -- that would have given
25 us more time. However, petitions are due to
531
1 start March 1st. The boards of elections tell us
2 they need about a month to put their process in
3 place before petitions start. It is after
4 February 1st, so we're already at the time for
5 these maps to be done.
6 And therefore we adopted the public
7 hearing and -- public records, rather, of the
8 commission's process as our public record that
9 guided us.
10 SENATOR O'MARA: Madam President,
11 will the sponsor continue to yield.
12 ACTING PRESIDENT MAYER: Senator
13 Gianaris, do you continue to yield?
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT MAYER: The
16 Senator yields.
17 SENATOR O'MARA: Yes, Senator
18 Gianaris, we are a little riled up today with
19 these maps that have come out, introduced less
20 than 72 hours ago, with absolutely no public
21 comment on these bills that are before us that
22 draw the congressional maps for New York State
23 for the next 10 years.
24 Now we're being rushed to vote on
25 them. In redistricting processes in the past,
532
1 the political calendar has been altered because
2 of this process taking a little bit longer. Is
3 that correct?
4 SENATOR GIANARIS: I'm not sure
5 it's correct because the political calendar ran
6 later in the past. So a decade ago the primaries
7 were in September, not in June, mostly because
8 the Republican majority then refused to move the
9 primaries earlier. It was one of the great
10 things we did when we took the majority.
11 But as a result, the entire
12 political calendar moves much faster than it did
13 a decade ago.
14 SENATOR O'MARA: Madam President,
15 will the sponsor continue to yield.
16 ACTING PRESIDENT MAYER: Senator
17 Gianaris, do you continue to yield?
18 SENATOR GIANARIS: Yes.
19 ACTING PRESIDENT MAYER: The
20 Senator yields.
21 SENATOR O'MARA: During the less
22 than 72 hours that these two bills have been in
23 print -- well, actually, Senator Gianaris, when
24 was the S8196, the chapter amendment, when was
25 that submitted?
533
1 SENATOR GIANARIS: That was
2 yesterday.
3 SENATOR O'MARA: Madam President,
4 will the sponsor continue to yield?
5 ACTING PRESIDENT MAYER: Do you
6 continue to yield?
7 SENATOR GIANARIS: Yes.
8 ACTING PRESIDENT MAYER: The
9 Senator yields.
10 SENATOR O'MARA: We have a chapter
11 amendment to the original redistricting bill
12 that's less than 72 hours old, and that chapter
13 amendment, to a bill that hasn't even passed yet,
14 is less than 24 hours old.
15 Can you explain to me or to us what
16 the distinctions are? What's being cleaned up in
17 the chapter amendment bill?
18 SENATOR GIANARIS: I'm happy to do
19 that. I don't know if Senator O'Mara wants to
20 wait until we're actually debating that bill,
21 which was also laid aside. But I'm happy to
22 answer it now if he'd prefer.
23 SENATOR O'MARA: Madam President,
24 through you, if the sponsor will continue to
25 yield.
534
1 ACTING PRESIDENT MAYER: Senator
2 Gianaris, do you continue to yield?
3 SENATOR GIANARIS: Yes.
4 ACTING PRESIDENT MAYER: Yes.
5 SENATOR O'MARA: Senator Gianaris,
6 I don't care if we debate these bills together.
7 There's not going to be a lot of discussion on
8 the chapter amendment. I can wait on that if
9 you'd prefer.
10 SENATOR GIANARIS: I'm happy to.
11 But whatever your preference is.
12 SENATOR O'MARA: Well, we'll
13 proceed then, Madam President, if the sponsor
14 will continue to yield.
15 ACTING PRESIDENT MAYER: Do you
16 continue to yield?
17 SENATOR GIANARIS: Yes.
18 ACTING PRESIDENT MAYER: The
19 Senator yields.
20 SENATOR O'MARA: There has been --
21 within these 72 hours since the first bill was
22 introduced drawing these congressional lines,
23 there's been 60 or so community, political and
24 voter rights organizations that have said that it
25 was imperative that at least one public hearing
535
1 be held on these maps to engage all New Yorkers,
2 and specifically groups that are protected by the
3 Voting Rights Act.
4 The list of these groups includes
5 the Center for Law and Social Justice; Latino
6 Justice; PRLDEF; the Asian American Legal Defense
7 and Education Fund; Common Cause; NAACP,
8 New York's Conference.
9 Why did this State Senate body not
10 convene one public hearing on the maps that we
11 have before us today?
12 SENATOR GIANARIS: Because we
13 didn't have time to do so. And there was already
14 an extensive public record of input on this
15 issue.
16 SENATOR O'MARA: Madam President,
17 if the sponsor will continue to yield.
18 ACTING PRESIDENT MAYER: Do you
19 continue to yield?
20 SENATOR GIANARIS: Yes.
21 ACTING PRESIDENT MAYER: The
22 Senator yields.
23 SENATOR O'MARA: In 2014,
24 New Yorkers, in a constitutional amendment,
25 overwhelmingly voted to create a redistricting
536
1 process that was designed to be bipartisan. And
2 that bipartisan process of the Independent
3 Redistricting Commission unfortunately failed to
4 yield an agreed-upon map even though it was a
5 bipartisan process.
6 And can you tell me, in the last
7 72 hours -- or in the drafting of this bill we
8 have before us how many, if any, Republicans were
9 involved in the discussions of how these lines
10 were going to be drawn?
11 SENATOR GIANARIS: Well,
12 Senator O'Mara, I don't know, because I didn't
13 check the party registration of everyone that was
14 involved in the process.
15 SENATOR O'MARA: Through you,
16 Madam President, if the sponsor would continue to
17 yield.
18 ACTING PRESIDENT MAYER: Do you
19 continue to yield?
20 SENATOR GIANARIS: Yes.
21 ACTING PRESIDENT MAYER: The
22 Senator yields.
23 SENATOR O'MARA: Through you,
24 Madam President.
25 Since the close of the Independent
537
1 Redistricting Commission process and the Senate
2 Democrat supermajority drawing the lines and
3 submitting the legislation we have before us
4 today, did you receive any input from any
5 Republicans on that map?
6 SENATOR GIANARIS: Once again, I
7 was not checking the registration status of
8 anyone that was rendering opinions on what was
9 happening.
10 SENATOR O'MARA: Madam President,
11 if the sponsor will continue to yield.
12 ACTING PRESIDENT MAYER: Do you
13 continue to yield?
14 SENATOR GIANARIS: Yes.
15 ACTING PRESIDENT MAYER: The
16 Senator yields.
17 SENATOR O'MARA: Through you,
18 Madam President.
19 The redistricting attorney, the
20 counsel at the Brennan Center has been quoted as
21 "I think the maps that are proposed in New York
22 for Congress really in a lot of ways are a master
23 class in gerrymandering. They take maps that
24 were very responsive and had a lot of
25 competition, and they take out a number of
538
1 Republican incumbents very strategically."
2 How do you respond to that claim
3 from the Brennan Center?
4 SENATOR GIANARIS: That gentleman
5 is mistaken.
6 SENATOR O'MARA: He's mistaken.
7 SENATOR GIANARIS: He's mistaken.
8 SENATOR O'MARA: Does -- through
9 you, Madam President, if the sponsor will yield.
10 ACTING PRESIDENT MAYER: Do you
11 continue to yield?
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT MAYER: The
14 Senator yields.
15 SENATOR O'MARA: Does the
16 legislation before us that has drawn this set of
17 congressional maps incorporate in any way the
18 Unity Coalition map?
19 SENATOR GIANARIS: Can I ask
20 Senator O'Mara to clarify who he's referring to
21 when he references that organization?
22 SENATOR O'MARA: The Center for Law
23 and Social Justice.
24 SENATOR GIANARIS: Oh, the group
25 that you had just mentioned.
539
1 SENATOR O'MARA: Yes.
2 SENATOR GIANARIS: Okay. As I
3 mentioned earlier, there were --
4 SENATOR O'MARA: It comes from the
5 New York Voting Rights Consortium, which is a
6 coalition of those groups that I had mentioned.
7 SENATOR GIANARIS: I wasn't sure
8 you were referring to the same group. Thank you,
9 Senator O'Mara.
10 As I mentioned earlier, the public
11 record that the commission had established was
12 the public record that we reviewed. I believe
13 that coalition submitted extensive testimony
14 through that process, and their input was
15 reviewed and I imagine in places we agreed with
16 their approach.
17 SENATOR O'MARA: Madam President,
18 if the sponsor will yield.
19 ACTING PRESIDENT MAYER: Do you
20 continue to yield?
21 SENATOR GIANARIS: Yes.
22 ACTING PRESIDENT MAYER: The
23 Senator yields.
24 SENATOR O'MARA: Did you as the
25 sponsor of this legislation have any
540
1 conversations directly with the members of the
2 Unity Coalition as this specific legislation was
3 being drafted?
4 SENATOR GIANARIS: Me personally?
5 No.
6 SENATOR O'MARA: Through you,
7 Madam President, if the sponsor will continue to
8 yield.
9 ACTING PRESIDENT MAYER: Do you
10 continue to yield?
11 SENATOR GIANARIS: Yes.
12 ACTING PRESIDENT MAYER: The
13 Senator yields.
14 SENATOR O'MARA: Do you know if any
15 Senators of the Democratic side of the aisle
16 here, or your staff, had conversations and input
17 from the Unity Coalition during the process of
18 drafting the bill before us?
19 SENATOR GIANARIS: I don't know.
20 But their positions are very well documented and
21 thorough, and we reviewed their submissions very
22 carefully. And so we're very well aware of what
23 they're advocating.
24 SENATOR O'MARA: Through you,
25 Madam President, if the sponsor will continue to
541
1 yield.
2 ACTING PRESIDENT MAYER: Do you
3 continue to yield?
4 SENATOR GIANARIS: Yes.
5 ACTING PRESIDENT MAYER: The
6 Senator yields.
7 SENATOR O'MARA: Senator Gianaris,
8 would you agree that part of the acceptable and
9 desired process of redistricting is to seek
10 communities of interest and look out for those
11 community interests and who's going to represent
12 them -- how the map is drawn -- and not divide
13 those interests?
14 SENATOR GIANARIS: Yes. Among
15 numerous factors, that is an important one.
16 SENATOR O'MARA: Madam President,
17 if the sponsor will continue to yield.
18 ACTING PRESIDENT MAYER: Do you
19 continue to yield?
20 SENATOR GIANARIS: Yes.
21 ACTING PRESIDENT MAYER: The
22 Senator yields.
23 SENATOR O'MARA: In New York City,
24 the Asian community is growing rapidly. It now
25 makes up 13 percent of the city's 8 million
542
1 residents. New York's Congressional District 6
2 is 44 percent Asian as it's drawn. Why weren't
3 other nearby areas added to the district to
4 ensure that it was majority Asian for that
5 community of interest?
6 SENATOR GIANARIS: The state map of
7 districts is interwoven, and you can't look at
8 one district in a vacuum. Surrounding that
9 district are other districts that have
10 pluralities of -- and I use the word "Hispanic"
11 because that's the term that the Census uses --
12 but that have pluralities of Hispanic voters that
13 had to be -- we had to make sure avoided
14 retrogression as well.
15 And so as you're putting all the
16 pieces together of the map, there are competing
17 factors that all need to be considered.
18 District 6 did maintain its status
19 as a plurality Asian district to the same degree
20 it currently is, and there are other districts
21 throughout the state that -- where communities of
22 interest, similar communities of interest
23 actually increased their unification and
24 percentage as a part of that district.
25 SENATOR O'MARA: Through you,
543
1 Madam President, if the sponsor will continue to
2 yield.
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 SENATOR O'MARA: Is there any
9 district, congressional district as drawn in this
10 legislation that creates a district with a
11 majority Asian population?
12 SENATOR GIANARIS: No, but there
13 are none currently either.
14 SENATOR O'MARA: Through you,
15 Madam President, if the sponsor will continue to
16 yield.
17 ACTING PRESIDENT MAYER: Do you
18 continue to yield?
19 SENATOR GIANARIS: Yes.
20 ACTING PRESIDENT MAYER: The
21 Senator yields.
22 SENATOR O'MARA: Hispanics, using
23 that term as used by the Census, now represent
24 29 percent of New York City's population. In
25 this plan, New York District 13 and New York
544
1 District 15 are both more than 50 percent
2 Hispanic.
3 Do you know, is the citizen voting
4 age population of Hispanics in those districts
5 more than 50 percent?
6 SENATOR GIANARIS: It's my
7 understanding that the CVAP data that you're
8 referring to has not yet been provided to us in a
9 complete fashion by the Census Bureau. So
10 whatever numbers -- I mean, the numbers you're
11 asking for don't exist in an accurate form at
12 this time.
13 SENATOR O'MARA: Through you,
14 Madam President, if the sponsor will yield.
15 ACTING PRESIDENT MAYER: Do you
16 continue to yield?
17 SENATOR GIANARIS: Yes.
18 ACTING PRESIDENT MAYER: The Senator
19 yields.
20 SENATOR O'MARA: Senator Gianaris,
21 certainly we could adjust our political calendar
22 to make sure that we get the redistricting
23 process correct. So wouldn't it be better to
24 have that kind of information to rely upon so we
25 know exactly what's in the districts that you're
545
1 drawing?
2 SENATOR GIANARIS: The political
3 calendar is set, and part of the calendar is set
4 by court order. The federal elections have to
5 take place in June, the primaries, and then the
6 calendar works backwards from there, where
7 petitions begin March 1st. And the boards of
8 elections need finality now.
9 SENATOR O'MARA: Through you,
10 Madam President, if the sponsor will continue to
11 yield.
12 SENATOR GIANARIS: Yes.
13 ACTING PRESIDENT MAYER: Yes, the
14 Senator continues to yield.
15 SENATOR O'MARA: There have been
16 instances in the past where we have adjusted that
17 political calendar for the petition-carrying
18 period, shortening that period and also lessening
19 the number of petitions required during that
20 shortened period because of other extenuating
21 circumstances. Correct?
22 SENATOR GIANARIS: If you say so.
23 I'm not -- I won't dispute that. Probably yes.
24 SENATOR O'MARA: Through you,
25 Madam President, if the sponsor will continue to
546
1 yield.
2 ACTING PRESIDENT MAYER: Do you
3 continue to yield?
4 SENATOR GIANARIS: Yes.
5 ACTING PRESIDENT MAYER: The
6 Senator yields.
7 SENATOR O'MARA: These -- the
8 political calendar is easily altered by actions
9 of this body, actions that would affect a period
10 of time of less than a month. Yet we're racing
11 forward here with legislation and district lines
12 that are going to be in effect for the next
13 10 years.
14 And some time, some ability for the
15 public to actually review these lines should be
16 important to everybody in this body and the State
17 Legislature, that they're drawn fairly and
18 appropriately and not based on inappropriate or
19 improper determinations, political
20 determinations -- gerrymandering, as it is
21 certainly referred to.
22 But Senator Gianaris, the --
23 ACTING PRESIDENT MAYER: Senator
24 O'Mara, are you asking whether Senator Gianaris
25 continues to yield?
547
1 SENATOR O'MARA: I thought I did,
2 Madam President.
3 ACTING PRESIDENT MAYER: No.
4 SENATOR O'MARA: But yes, will the
5 sponsor yield.
6 ACTING PRESIDENT MAYER: Do you
7 continue to yield?
8 SENATOR GIANARIS: I do.
9 ACTING PRESIDENT MAYER: Yes, thank
10 you. He yields.
11 SENATOR O'MARA: In the maps as
12 you've drawn them, Senator Gianaris, how many
13 majority African-American districts are in this
14 plan of voting age population?
15 SENATOR GIANARIS: Once again, we
16 do not have the final voting age population data.
17 And it's my understanding that there is no
18 expectation that final voting age population data
19 will be forthcoming in the next couple of months.
20 SENATOR O'MARA: Madam President,
21 if the sponsor will continue to yield.
22 ACTING PRESIDENT MAYER: Do you
23 continue to yield?
24 SENATOR GIANARIS: Yes.
25 ACTING PRESIDENT MAYER: The
548
1 Senator continues to yield.
2 SENATOR O'MARA: Well, I can tell
3 you that from our analysis of these districts,
4 there are zero districts in this plan that have a
5 majority voting age population of
6 African-Americans.
7 However, in this plan Districts
8 New York 5, New York 8 and New York 9 are all
9 more than 40 percent African-American and
10 adjacent to each other. Why was it not possible
11 to draw those lines in a way that created a
12 majority African-American population of voting
13 age district?
14 SENATOR GIANARIS: Well, I want
15 everyone to be clear about what Senator O'Mara is
16 suggesting right now. We currently -- he
17 referenced three districts that are currently
18 represented by African-American members of
19 Congress. And he's suggesting cannibalizing them
20 to have one district with an outright majority
21 which would dilute the voting power of the
22 African-Americans that would remain in whichever
23 district you were taking them from.
24 And we are legally obligated not to
25 allow that kind of retrogression.
549
1 SENATOR O'MARA: Through you,
2 Madam President, if the sponsor will continue to
3 yield.
4 ACTING PRESIDENT MAYER: Do you
5 continue to yield?
6 SENATOR GIANARIS: Yes.
7 ACTING PRESIDENT MAYER: The
8 Senator yields.
9 SENATOR O'MARA: Congressional
10 New York 3. This is a particularly egregiously
11 drawn district, starting way out east on
12 Long Island, in Smithtown, Suffolk County,
13 running along the northern edge of Long Island,
14 along the Long Island Sound, up through
15 Westchester County, including in Rye, some
16 60 miles in length through heavily populated
17 parts of New York State.
18 And between the beginning in
19 Smithtown and the end in Rye, there are
20 incredibly narrow passages of this district
21 through Queens and the Bronx, very narrowly.
22 What precedent is there in any maps
23 ever drawn before in this state, congressional
24 maps, to pass a congressional district through
25 two boroughs of New York City to connect
550
1 Long Island to Westchester?
2 SENATOR GIANARIS: Well, our belief
3 is that -- and Senator O'Mara referenced it as he
4 was outlining the direction of this district,
5 that it went along Long Island Sound -- that the
6 communities we're talking about are all Sound
7 Shore districts, Sound Shore neighborhoods, so to
8 speak. So they share a common interest, they
9 share common issues, particularly as it relates
10 to environmental concerns around the waterfront.
11 And that is why the district was drawn the way it
12 was.
13 SENATOR O'MARA: Thank you, Senator
14 Gianaris.
15 Madam President, will the sponsor
16 continue to yield for a couple of questions --
17 ACTING PRESIDENT MAYER: Do you
18 continue to yield?
19 SENATOR O'MARA: -- a couple of
20 questions on the chapter amendment bill --
21 SENATOR GIANARIS: Yes.
22 SENATOR O'MARA: If you don't mind
23 taking those up now --
24 SENATOR GIANARIS: Yes.
25 SENATOR O'MARA: -- before we go
551
1 through the process of voting on these.
2 ACTING PRESIDENT MAYER: The
3 Senator yields.
4 SENATOR O'MARA: So one of these --
5 the second bill here we're considering is a
6 chapter amendment of the overall congressional
7 district maps. That is -- that first bill is, as
8 I said, less than 72 hours old. This chapter
9 amendment is less than 24 hours old.
10 What are the differences -- what's
11 being corrected in this chapter amendment before
12 we even pass the underlying bill? Since it was
13 rushed through, what's being changed? What were
14 the mistakes?
15 SENATOR GIANARIS: Yes, thank you.
16 Thank you for that question, Senator O'Mara.
17 First of all, the first bill that
18 we're actually on right now was not rushed
19 through. We are meeting all constitutional
20 requirements for aging. Those requirements exist
21 because that's the period that was deemed
22 appropriate to allow for public review before we
23 take a vote.
24 But to get to your specific question
25 about the chapter amendment, it was a drafting
552
1 error that needed to be corrected, which affected
2 absolutely no population. So there's no
3 population difference between the bill-in-chief
4 and the chapter amendment.
5 SENATOR O'MARA: Through you,
6 Madam President, if the sponsor will continue to
7 yield.
8 ACTING PRESIDENT MAYER: Do you
9 continue to yield?
10 SENATOR GIANARIS: Yes.
11 ACTING PRESIDENT MAYER: The
12 Senator yields.
13 SENATOR O'MARA: So is it the
14 position of this Democrat Majority of the
15 New York Senate that we couldn't afford to wait
16 another 48 hours to correct the bill-in-chief and
17 do it in all one bill?
18 SENATOR GIANARIS: We are -- since
19 the technical amendment was truly technical, it
20 has no substantive impact on the maps, and given
21 the time pressures that we already spoke about,
22 the decision was that we should move this as
23 quickly as we can within the requirements before
24 us.
25 SENATOR O'MARA: Through you,
553
1 Madam President, if the sponsor will continue to
2 yield.
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR GIANARIS: Yes.
6 ACTING PRESIDENT MAYER: The
7 Senator yields.
8 SENATOR O'MARA: Now, the -- a
9 chapter amendment bill is before us. What is the
10 legal authority that we have in this body to pass
11 a chapter amendment to something that's not even
12 a chapter yet? Because we haven't passed the
13 first bill and it hasn't been signed by the
14 Governor.
15 SENATOR GIANARIS: Well, as Senator
16 O'Mara well knows, this bill will be passed
17 before we get to the chapter amendment. That's
18 why it's coming up next. We haven't done it yet.
19 SENATOR O'MARA: Through you,
20 Madam President, if the sponsor will continue to
21 yield.
22 ACTING PRESIDENT MAYER: Senator,
23 do you yield?
24 SENATOR GIANARIS: Yes.
25 ACTING PRESIDENT MAYER: The
554
1 Senator yields.
2 SENATOR O'MARA: The bill may well
3 be passed by this house, but will not be a
4 chapter yet because it's not a chapter until the
5 Governor signs it into law.
6 So what is the legal authority for
7 us to pass an amendment to a chapter that is not
8 yet a chapter?
9 SENATOR GIANARIS: Madam President,
10 that is something that happens routinely in this
11 chamber, including probably too many instances to
12 count when my colleagues across the aisle were in
13 charge.
14 SENATOR O'MARA: Through you,
15 Madam President, if the sponsor will continue to
16 yield.
17 ACTING PRESIDENT MAYER: Do you
18 continue to yield?
19 SENATOR GIANARIS: Yes.
20 ACTING PRESIDENT MAYER: The
21 Senator yields.
22 SENATOR O'MARA: First I can assure
23 you there have been far more chapter amendments
24 through this body in the last three years than
25 probably the 10 years combined before the prior
555
1 majority. But that's really neither here nor
2 there.
3 And generally -- and they have been
4 chapter amendments upon bills that were actually
5 chapters. They were amendments that were agreed
6 upon at the time it was signing the chapter that
7 the amendment would come later, usually in the
8 next session.
9 But this bill, since it's less than
10 24 hours old, comes with a message of necessity
11 from Governor Hochul that New York State can't
12 afford to wait another 48 hours, not even if we
13 waited until 12:01 a.m. on the third day to do
14 it, that would not impact the political
15 activities in this state.
16 Senator Gianaris, has the New York
17 State Legislature in its history ever passed a
18 redistricting bill with a message of necessity?
19 SENATOR GIANARIS: This is the
20 first time in almost a hundred years that my side
21 of the aisle has been in a position to know the
22 answer to that, Senator O'Mara. So you can tell
23 me going back to the '30s, if the Republican
24 majorities ever did it.
25 But the fact is it is a very common
556
1 process. It is a process you engaged in in the
2 majority. It's a process we've engaged in at
3 other times. And there's absolutely nothing
4 wrong with the way we're doing this.
5 SENATOR O'MARA: On the bill,
6 Madam President.
7 ACTING PRESIDENT MAYER: Senator
8 O'Mara on the bill.
9 SENATOR O'MARA: Absolutely nothing
10 wrong with rushing through a congressional
11 redistricting process that's going to be in
12 effect for 10 years. Nothing wrong with not even
13 waiting the required three-day waiting period,
14 which is pretty insignificant in and of itself.
15 Nothing wrong with the majorities of the Senate
16 and the Assembly getting together, unilaterally
17 drawing these maps with no outside public input,
18 no public hearing whatsoever, in a rush to ram
19 these through for the expediency of the
20 majorities of this house.
21 It is totally improper to be pushing
22 this through without the public input of which I
23 have talked about throughout the debate here.
24 This process is rushed. It's ignoring
25 communities of interest, particularly in regards
557
1 to ethnicity and race.
2 This is a sad day in New York
3 State's history that we can't give the citizens
4 of New York State 72 hours to review and provide
5 input on a bill creating the congressional
6 districts for the next 10 years in this state.
7 This is a travesty. The public was
8 clear in 2014, when the Independent Redistricting
9 Commission was set up, that the public wants
10 politics, as much as possible, out of the
11 redistricting process.
12 Now, the commission failed to get
13 the reports together or to agree on a common set
14 of maps. That, I will submit, was preordained to
15 fail, set up to fail by the majority in this body
16 and in the State Assembly, that their appointees
17 to the commission, the independent commission,
18 were under no circumstances to agree on a common
19 set of maps.
20 That their -- then again, this past
21 year, the majorities of the Senate and the
22 Assembly, the supermajorities, moved further
23 congressional -- further constitutional
24 amendments to alter this Independent
25 Redistricting Commission, which the voters
558
1 overwhelmingly rejected at the polls.
2 The citizens of New York have been
3 left out of this process. They're ignored. And
4 this process is the result of unilateral action
5 by supermajorities in each house of this
6 Legislature, with no input from the public and
7 certainly no input from the Republican side of
8 the aisle.
9 Thank you, Madam President.
10 ACTING PRESIDENT MAYER: Are there
11 any other Senators wishing to be heard?
12 Seeing and hearing none, debate is
13 closed. The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 Senator Gianaris to explain his
23 vote.
24 SENATOR GIANARIS: Thank you,
25 Madam President. I just want to clarify a couple
559
1 of things that came up as part of the debate.
2 First of all, the redistricting plan
3 in I think it was 2002 was passed by a Republican
4 majority with messages of necessity in this
5 chamber. I don't know if Senator O'Mara is
6 paying attention right now, but he might want to
7 take notes since he seemed to think otherwise
8 before. So it is a very common practice in this
9 chamber that we are undertaking.
10 And I'm especially amused by
11 critiques of the process, since this is a
12 process -- if it was designed to fail, it was
13 designed by them. And many of us who were here
14 10 years ago said that it was a bad process for
15 exactly this reason. When you set up a
16 commission with equal numbers of both parties,
17 you're going to get deadlocked. Okay?
18 So if you don't like what was
19 designed, you shouldn't have designed it that
20 way. We wouldn't have done it that way. We're
21 just dealing with the process that you handed us
22 when we succeeded in taking you out as the
23 majority.
24 So we're doing the best we can with
25 the limited time frame, because you didn't want
560
1 to change the calendar either, and we've come up
2 with fair maps that this state can be proud of.
3 I proudly vote yes, Madam President.
4 ACTING PRESIDENT MAYER: Senator
5 Gianaris to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 420, those Senators voting in the
9 negative are Senators Akshar, Borrello, Boyle,
10 Gallivan, Griffo, Helming, Jordan, Lanza,
11 Martucci, Mattera, Oberacker, O'Mara, Ortt,
12 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
13 Weik.
14 Ayes, 43. Nays, 20.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 Senator Gianaris.
18 SENATOR GIANARIS: Madam President,
19 we have agreed to restore the remaining bill to
20 the noncontroversial calendar.
21 ACTING PRESIDENT MAYER: The bill
22 is restored to the noncontroversial calendar, and
23 the Secretary will read.
24 THE SECRETARY: Calendar Number
25 422, Assembly Print Number 9167, by
561
1 Assemblymember Zebrowski, an act to amend the
2 State Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar Number 422, those Senators voting in the
14 negative are Senators Akshar, Borrello, Boyle,
15 Gallivan, Griffo, Helming, Jordan, Lanza,
16 Martucci, Mattera, Oberacker, O'Mara, Ortt,
17 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
18 Weik.
19 Ayes, 43. Nays, 20.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 Senator Gianaris.
23 SENATOR GIANARIS: Is there any
24 further business at the desk?
25 ACTING PRESIDENT MAYER: There is
562
1 no further business at the desk.
2 SENATOR GIANARIS: I move to
3 adjourn until tomorrow, Thursday, February 3rd,
4 at 10:00 a.m., when we can do this all over
5 again.
6 ACTING PRESIDENT MAYER: On motion,
7 the Senate stands adjourned until Thursday,
8 February 3rd, at 10:00 a.m.
9 (Whereupon, at 4:23 p.m., the Senate
10 adjourned.)
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