Monday, March 14, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 14, 2011 11 3:32 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN J. FLANAGAN, Acting President 19 FRANCIS W. PATIENCE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT FLANAGAN: The 3 Senate will please come to order. 4 I ask all present to please rise 5 and repeat the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: 9 Today's invocation will be offered by the 10 Reverend Peter G. Young, from Mother Teresa 11 Community. 12 REVEREND YOUNG: Thank you, 13 Senator. Let us pray. 14 O God, the builder of all things, 15 You have placed on us the obligation of toil. 16 Grant that the work that we begin today on 17 this Monday may serve to better our lives in 18 New York State and, through Your goodness, 19 contribute to the spread of the call of Your 20 people. 21 As Senators, we report on this day 22 of the session bell that calls us to hear one 23 another for the benefit of Your New York State 24 constituents. This invocation calls us to be 25 true to our best work effort and to be what we

Candyco Transcription Service, Inc. 1 might become as a legislative leader. We need 2 to heed the call of our own hearts with 3 compassion and equity. 4 Amen. 5 ACTING PRESIDENT FLANAGAN: The 6 reading of the Journal. 7 THE SECRETARY: In Senate, 8 Sunday, March 13th, the Senate met pursuant to 9 adjournment. The Journal of Saturday, 10 March 12th, was read and approved. On motion, 11 Senate adjourned. 12 ACTING PRESIDENT FLANAGAN: 13 Without objection, the Journal stands approved 14 as read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 Messages from the Governor. 18 Reports of standing committees. 19 Reports of select committees. 20 Communications and reports from 21 state officers. 22 Motions and resolutions. 23 Senator Breslin. 24 SENATOR BRESLIN: On behalf of 25 Senator Dilan, I move that the following bill,

Candyco Transcription Service, Inc. 1 Number 1352A, be discharged from its 2 respective committee and be recommitted with 3 instructions to strike the enacting clause. 4 ACTING PRESIDENT FLANAGAN: So 5 ordered. 6 SENATOR BRESLIN: Thank you, 7 Mr. President. 8 ACTING PRESIDENT FLANAGAN: 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President 11 and my colleagues, could I ask that we now 12 take a moment and observe silence as a mark of 13 respect for a 21-year-old sailor, Mychael 14 Anthony Flint, a member of Senator Betty 15 Little's district, who was killed while 16 attending training in California. 17 If I could ask members to stand and 18 take a moment of silence, please, for this 19 courageous individual who was protecting our 20 country. 21 ACTING PRESIDENT FLANAGAN: Thank 22 you, Senator Libous. 23 (Whereupon, the assemblage 24 respected a moment of silence.) 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Little. 2 SENATOR LITTLE: Thank you, 3 Mr. President. And thank you to all of my 4 colleagues who are joining me today as we 5 recognize the loss of life and the service of 6 EOCN Mychael Anthony Flint. 7 Mychael is from Fort Ann, New York. 8 He had enlisted in the Navy in 2009. He was a 9 member of the Seabee Construction Battalion, 10 which is the Navy equivalent of the U.S. Corps 11 of Engineers. Mychael was stationed in 12 San Diego and was on a training mission at 13 Camp Pendleton. 14 We recognize all of the men and 15 women who are committed to serve our country, 16 and we thank them for their service. We have 17 to understand that these men and women are 18 ready to serve in peace or in war. And as the 19 mother of an active-duty Navy son who has been 20 in the Navy for 20 years, I recall many times 21 that my son would talk about someone who was 22 killed, a good friend who was killed in a 23 helicopter accident, another friend who was 24 killed in the crash of two Super Hornets 25 flying in California.

Candyco Transcription Service, Inc. 1 We need to also recognize and thank 2 our men and women who are killed, who give 3 their lives. First of all, they spend their 4 time and energy training so that they will be 5 prepared to go into combat. But unfortunately 6 there are accidents, and many of them have 7 lost their lives. 8 Mychael is a 2008 graduate of 9 Fort Ann High School. He was a member of the 10 2006 Class D Soccer Champions. He is survived 11 by his parents, Amy and Bob Pecue -- Bob is 12 actually a New York State correction officer, 13 and they live in Fort Ann -- and he also has a 14 sister, Kaitlyn. And on September 2nd of 15 2010, just a little over six months ago, he 16 married Heather Plude-Flint. 17 Let us all extend our sympathy to 18 the family but join in recognizing him for his 19 service to our country and appreciate his loss 20 of life. 21 Thank you very much. 22 ACTING PRESIDENT FLANAGAN: Thank 23 you, Senator Little. 24 Senator Libous. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 At this time I'd like to hand up 3 the following committee assignments and ask 4 that they be entered into the Journal, please. 5 ACTING PRESIDENT FLANAGAN: So 6 ordered. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 at this time there will be an immediate 10 meeting of the Rules Committee in Room 332. 11 And I will ask that the Senate stand at ease. 12 But when we come back, we have a 13 very, very important calendar today that deals 14 with a lot of veterans' issues for the men and 15 women who have served in the past and will 16 serve us in the future. 17 So could we stand at ease at this 18 moment. 19 ACTING PRESIDENT FLANAGAN: 20 Senator Libous, there will be an immediate 21 meeting of the Rules Committee in Room 332, 22 and the Senate will stand at ease. 23 (Whereupon, the Senate stood at 24 ease at 3:38 p.m.) 25 (Whereupon, the Senate reconvened

Candyco Transcription Service, Inc. 1 at 4:12 p.m.) 2 SENATOR LIBOUS: Mr. President. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Libous. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. Can we return to reports of 7 standing committees. I believe there is a 8 report of the Rules Committee at the desk. 9 May we have it read, please. 10 ACTING PRESIDENT FLANAGAN: 11 Reports of standing committees. 12 The Secretary will read. 13 THE SECRETARY: Senator Skelos, 14 from the Committee on Rules, reports the 15 following bills: 16 By Senator Bonacic, Senate Print 17 3331, Concurrent Resolution of the Senate and 18 Assembly proposing an amendment to Article 3 19 of the Constitution; 20 By Senator Griffo, Senate Print 21 3900, an act to amend the Military Law and the 22 Penal Law; and 23 By Senator Zeldin, Senate Print 24 3901, an act to amend the Military Law. 25 All bills ordered direct to third

Candyco Transcription Service, Inc. 1 reading. 2 SENATOR LIBOUS: Mr. President, I 3 move that we accept the report of the Rules 4 Committee. 5 ACTING PRESIDENT FLANAGAN: All 6 those in favor of accepting the Rules report 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT FLANAGAN: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT FLANAGAN: The 13 Rules report is accepted. 14 SENATOR LIBOUS: Can we have the 15 reading of the noncontroversial calendar, 16 please, Mr. President. 17 ACTING PRESIDENT FLANAGAN: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 11, by Senator Valesky, Senate Print 656, an 21 act to amend the Environmental Conservation 22 Law. 23 ACTING PRESIDENT FLANAGAN: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT FLANAGAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT FLANAGAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 31, by Senator Larkin, Senate Print 1728, an 10 act to amend the Penal Law. 11 ACTING PRESIDENT FLANAGAN: Read 12 the last section. 13 THE SECRETARY: Section 7. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT FLANAGAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 58. Nays, 19 1. Senator Montgomery recorded in the 20 negative. 21 ACTING PRESIDENT FLANAGAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 37, by Senator Ball, Senate Print 2421, an act 25 to amend the Military Law and the Election

Candyco Transcription Service, Inc. 1 Law. 2 ACTING PRESIDENT FLANAGAN: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FLANAGAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT FLANAGAN: 10 Senator Breslin, to explain his vote. 11 SENATOR BRESLIN: Thank you, 12 Mr. President. 13 On this day where we celebrate 14 veterans and there are so many positive bills 15 on the calendar that are supportive of 16 veterans' rights, I intend to vote for S2421. 17 But I would suggest, when we're doing this, we 18 should consider the fact that we might be 19 setting a bad precedent, insofar as it has 20 always universally been accepted in our 21 country that the only ones who are eligible to 22 vote are those who are alive. 23 And it's an unfortunate situation 24 that someone voted and then passed away, but 25 we should be very wary of what we do when we

Candyco Transcription Service, Inc. 1 have legislation, legislation that allows 2 someone who's passed away to have a vote 3 accepted. 4 Thank you, Mr. President. 5 ACTING PRESIDENT FLANAGAN: Thank 6 you, Senator Breslin. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: In relation to 10 Calendar Number 37, those recorded in the 11 negative are Senator Espaillat, Senator 12 Gianaris, Senator L. Krueger, Senator 13 Montgomery, Senator Perkins, Senator Rivera, 14 Senator Squadron and Senator Stavisky. Also 15 voting in the negative, Senator 16 Hassell-Thompson and Senator Parker. 17 ACTING PRESIDENT FLANAGAN: 18 Senator Larkin, to explain his vote. 19 SENATOR LARKIN: Thank you, 20 Mr. President. 21 You know, I'm shocked when I see 22 people voting against this today. You know, 23 every military unit -- if you've been with it, 24 you know -- has a voting officer. And one of 25 his responsibilities is to get those ballots

Candyco Transcription Service, Inc. 1 into their units so that these young men and 2 women of our armed services can vote. 3 There will be men in battle who 4 voted and sent their application back home, 5 and we just want to make sure that it's 6 counted. He gave his life, he or she gave 7 their life -- and we stand here today and say 8 we don't want to count them. 9 Well, I'll tell you, I'm ashamed of 10 you, each and every one of you. I've had the 11 terrible duty of writing home to a mother and 12 father and saying "I regret to inform you that 13 your son was killed this afternoon," 19 years 14 of age. And you are sitting here today and 15 saying we're not going to count it. What 16 about he voted and sent his ballot home? He 17 did everything that our country and our 18 government and our state said has to be done. 19 It's a terrible thing. But after 20 he did all of that, the enemy came upon them 21 and he was killed. But he wasn't killed 22 before he executed his absentee ballot. And 23 you want to take it away from him. 24 I defy any of you to be in combat 25 and tell the troops that are under your

Candyco Transcription Service, Inc. 1 command that "I don't want your ballot to 2 count." I'm ashamed of you, and you should be 3 ashamed of yourself. 4 I vote aye. 5 ACTING PRESIDENT FLANAGAN: The 6 Secretary will announce the results. 7 THE SECRETARY: Ayes, 49. Nays, 8 10. 9 ACTING PRESIDENT FLANAGAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 98, by Senator Saland, Senate Print 1431, an 13 act to amend the Military Law. 14 ACTING PRESIDENT FLANAGAN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FLANAGAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT FLANAGAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 99, by Senator Larkin, Senate Print 1504, an

Candyco Transcription Service, Inc. 1 act to amend the General Business Law. 2 ACTING PRESIDENT FLANAGAN: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT FLANAGAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT FLANAGAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 141, by Senator Ball, Senate Print 2424A, an 14 act to amend the Executive Law. 15 ACTING PRESIDENT FLANAGAN: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FLANAGAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT FLANAGAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 146, by Senator Ball, Senate Print 3484, an 2 act to amend Chapter 268 of the Laws of 1996. 3 ACTING PRESIDENT FLANAGAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FLANAGAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT FLANAGAN: 11 Senator Ball, to explain his vote. 12 SENATOR BALL: I first would like 13 to thank Senator Larkin for those comments, 14 and all the veterans who are here today, and 15 those of you who have served. 16 This is the greatest nation that 17 this world has ever known. And the United 18 States military serves as the greatest force 19 for good and freedom. That flag that is on 20 the shoulders of the men and women who are 21 serving represents the brightest beacon of 22 hope in communities that many of us will never 23 visit, couldn't point out on a map, some of us 24 couldn't pronounce. But that American flag, 25 regardless of your political affiliation, has

Candyco Transcription Service, Inc. 1 fed more children, rebuilt more communities, 2 liberated more people, and allowed more people 3 to vote -- and it is nothing to be apologetic 4 for. 5 We stand on the shoulders and the 6 memories, the hearts, the blood, sweat and 7 tears of those who are willing to go and fight 8 and die. Regardless of whether you served in 9 protocol, like I did, where the toughest 10 combat I ever saw was a tough cocktail party 11 in Washington, D.C., or whether you served in 12 combat, like Senator Larkin, we all have one 13 thing in common. We've raised our right hand 14 and we were willing to fight and die for this 15 great nation. 16 I only hope that this chamber can 17 continue to serve as a fitting tribute to the 18 men and women who serve every day, the 19 3 percent, the 3 percent that live in ditches 20 and trenches and are amid combat and warfare 21 in situations that most of us could never 22 withstand, and who fight for that concept of 23 American democracy that we could only hope to 24 emulate. 25 I thank all of you for your votes

Candyco Transcription Service, Inc. 1 today. Let us continue good work for the good 2 people who make this country great. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Ball to be recorded in the 5 affirmative. 6 The Secretary will announce the 7 results. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT FLANAGAN: The 10 bill is passed. 11 Senator Libous, that completes the 12 noncontroversial reading of the calendar. 13 SENATOR LIBOUS: Mr. President, I 14 just want to note for the chamber that I 15 believe the three bills that Senator Ball 16 passed are his first legislation to pass the 17 Senate. Congratulations. 18 (Applause.) 19 ACTING PRESIDENT FLANAGAN: 20 Senator Libous. 21 SENATOR LIBOUS: Could we please 22 have the noncontroversial reading of the 23 supplemental calendar, please, right now. 24 ACTING PRESIDENT FLANAGAN: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 204, by Senator Bonacic, Senate Print 3331, 3 Concurrent Resolution of the Senate and 4 Assembly proposing an amendment to Article 3 5 of the Constitution. 6 SENATOR BRESLIN: Lay it aside. 7 ACTING PRESIDENT FLANAGAN: Lay 8 it aside. 9 THE SECRETARY: Calendar Number 10 205, by Senator Griffo, Senate Print 3900, an 11 act to amend the Military Law and the Penal 12 Law. 13 ACTING PRESIDENT FLANAGAN: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FLANAGAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT FLANAGAN: 21 Senator Griffo to explain his vote. 22 SENATOR GRIFFO: Thank you, 23 Mr. President. 24 I appreciate the support of the 25 members of this chamber, because we know that

Candyco Transcription Service, Inc. 1 funeral ceremonies can be very stressful. 2 They're times of grief, very solemn 3 experiences. And I think today, as we come 4 together to celebrate the life of an 5 individual who has served our country in such 6 a noble fashion, it's so appropriate that we 7 ensure that their rights are preserved, that 8 they have a proper environment and a 9 respectful ceremony. 10 I want to extend my appreciation to 11 all the members of this body for their support 12 today. And also that we'll be able to provide 13 these families with information to allow them 14 to understand their rights. 15 So I thank you all for your support 16 today. I think this is very important as we 17 honor and respect our veterans and what they 18 have done on behalf of this great country. I 19 will be voting in the affirmative. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Griffo to be recorded in the 22 affirmative. 23 The Secretary will announce the 24 results. 25 THE SECRETARY: Ayes, 59.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 206, by Senator Zeldin, Senate Print 3901, an 5 act to amend the Military Law. 6 ACTING PRESIDENT FLANAGAN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FLANAGAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT FLANAGAN: 14 Senator Zeldin to explain his vote. 15 SENATOR ZELDIN: It is an honor 16 to be able to bring this legislation to the 17 floor today. I represent a specialist named 18 Thomas Wilwerth. He was killed near Balad in 19 2006. He graduated from the same high school 20 that I did. And he was part of the 21 inspiration of bringing this legislation up to 22 the State Senate. 23 I'm proud to live in a county that 24 has imposed a limit on protests at military 25 funerals. I'm proud to live in a state that

Candyco Transcription Service, Inc. 1 now, through all of our actions, is taking the 2 initiative to limit those protests and 3 military funerals statewide. I disagreed with 4 the Westboro Baptist Church's decision in 5 their favor by the U.S. Supreme Court last 6 week. There was eight justices in favor, one 7 opposed. Judge Samuel Alito voted against it. 8 And, you know, there's a balance. 9 We have to protect the free speech rights of 10 even the Westboro Baptist Church. Yet at the 11 same time, we also have to protect our 12 military families as they mourn the loss of 13 their veterans that they unfortunately have 14 lost. 15 So I appreciate all of you that 16 support this measure today. It's an important 17 first step and a message that needs to get 18 sent throughout the entire country. Because 19 whether you live in New York or California, we 20 all need to be protecting our military 21 veterans and their families to provide dignity 22 and respect at that time of mourning. 23 I want to thank both Senator Jack 24 Martins as well as Bob Farley for all of their 25 hard work and support bringing this measure.

Candyco Transcription Service, Inc. 1 And I'll be voting in the affirmative. 2 Thank you, Mr. Chair. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Zeldin to be recorded in the 5 affirmative. 6 The Secretary will announce the 7 results. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT FLANAGAN: The 10 bill is passed. 11 Senator Libous, that completes the 12 noncontroversial reading of the supplemental 13 calendar. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. Can we go to the controversial 16 reading of the supplemental calendar. 17 ACTING PRESIDENT FLANAGAN: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 204, by Senator Bonacic, Senate Print 3331, 21 Concurrent Resolution of the Senate and 22 Assembly proposing an amendment to Article 3 23 of the Constitution. 24 ACTING PRESIDENT FLANAGAN: 25 Senator Valesky, why do you rise?

Candyco Transcription Service, Inc. 1 SENATOR VALESKY: Mr. President, 2 on Calendar Number 204, if I may speak. 3 First of all, I'd like to thank my 4 colleague and friend Senator Bonacic for 5 bringing this constitutional amendment before 6 us. 7 This issue is a critically 8 important issue that each and every one of us 9 have heard about over the last several years, 10 in particular last year during our election 11 campaign. The people of the State of New York 12 I think clearly understand the importance of 13 the ability for them to choose us as opposed 14 to us choosing them by way of redrawing our 15 district lines. 16 Senator Bonacic, you and I have 17 worked very closely over the years in terms of 18 bringing about true and real reform to this 19 State Senate. In fact, I remember only two 20 years ago when Senator Smith appointed you and 21 I to cochair a bipartisan task force on rules 22 reform here in the Senate. And we went around 23 the state holding hearings, taking testimony, 24 preparing what I continue to believe -- and I 25 think many of us do -- was the most

Candyco Transcription Service, Inc. 1 comprehensive series of rules reforms that has 2 ever been adopted here in the State Senate. 3 And we continue to be governed by the rules 4 that you and I wrote in a cooperative fashion. 5 So I'm very, very pleased that you 6 are taking the lead on this issue on behalf of 7 the Senate Majority and bringing this issue to 8 the floor of the Senate. 9 The issue of redrawing district 10 lines is critically important and one that we 11 will be participating in in the very near 12 future. But how we redraw our district lines, 13 how we go about that process is very, very 14 important. 15 Drawing district lines, for 16 example, that has as their population criteria 17 that include being as equal as practicable -- 18 extremely important. That's in this 19 constitutional amendment. Language that 20 requires a district to be as compact as 21 possible, keeping communities in the State of 22 New York whole wherever possible -- critically 23 important. 24 Including language so that 25 districts not be drawn for the purpose of

Candyco Transcription Service, Inc. 1 diluting the voting strength of any language 2 or racial minority group -- critical to 3 redistricting reform. 4 Making sure that districts are not 5 drawn for the purpose of favoring any one 6 political party over another -- extremely 7 important. That language is in this 8 constitutional amendment as well. 9 This is all or would all be 10 accomplished through the establishment of a 11 nonpartisan independent redistricting 12 commission. Mr. President, I happen to have 13 legislation, Senate Bill 660, that would 14 accomplish all of these principles that are 15 imposed in this constitutional amendment. The 16 key difference is that my legislation, which 17 I've offered as an amendment, would accomplish 18 redistricting reform -- 19 SENATOR LIBOUS: Excuse me, 20 Mr. President. 21 ACTING PRESIDENT FLANAGAN: 22 Senator Libous, why do you rise? 23 SENATOR LIBOUS: Did the Senator 24 just say he offered up an amendment on this 25 legislation?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: I 2 believe that's what Senator Valesky 3 represented. 4 SENATOR LIBOUS: Mr. President, 5 pursuant to Rule 6, Section 9C, unanimous 6 consent is required to make a motion to amend 7 a concurrent resolution to amend the 8 Constitution. 9 Is the Senator asking for unanimous 10 consent move to amend the resolution that is 11 before the house? 12 ACTING PRESIDENT FLANAGAN: 13 Senator Valesky, are you requesting unanimous 14 consent to make a motion to amend the 15 concurrent resolution before the house? 16 SENATOR VALESKY: Yes, I am, 17 Mr. President. 18 SENATOR LIBOUS: Mr. President, I 19 would say that that would be out of order at 20 this time. 21 ACTING PRESIDENT FLANAGAN: The 22 Senator -- I'm sorry, Senator Libous? 23 SENATOR LIBOUS: I said I believe 24 that is out of order at this time. 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Libous, your point is well -- 2 SENATOR LIBOUS: Is there 3 unanimous consent to make this motion? 4 ACTING PRESIDENT FLANAGAN: There 5 is not unanimous consent, Senator Libous. 6 Your point is well-taken. 7 Senator Valesky, your amendment to 8 the concurrent resolution is a violation of 9 the rules, Rule 6, Section 9C. 10 SENATOR SQUADRON: Point of 11 order, Mr. President. 12 ACTING PRESIDENT FLANAGAN: 13 Senator Squadron, why do you rise? 14 SENATOR SQUADRON: Mr. President, 15 we -- also there's a house amendment at the 16 desk presented by Senator Gianaris, I believe, 17 as well. And I just want to be clear that as 18 to the question of unanimous consent as to a 19 nonsponsor or so-called hostile amendment, we 20 do not believe that that's in fact a correct 21 reading of the rules. 22 So as to Senator Valesky, what he's 23 proposed, we're happy to have Senator Valesky 24 and the Majority work that out, but then we 25 will address the second nonsponsor amendment

Candyco Transcription Service, Inc. 1 in due course. 2 Thank you, Mr. President. 3 SENATOR LIBOUS: Mr. President, 4 what is -- I know the Senator stood for a 5 point of order. I want to note that while 6 Senator Valesky did not get unanimous consent, 7 he still has the floor speaking on the bill. 8 So I don't know if he has given up 9 the floor to Senator Squadron at this time. 10 And I'm not sure what his point of order is, 11 sir. 12 ACTING PRESIDENT FLANAGAN: 13 Senator Squadron rose on a point of order, but 14 whatever it was eluded me. 15 Senator Valesky has the floor, and 16 if he wishes to speak on the concurrent 17 resolution, he may continue to do so. 18 SENATOR VALESKY: Thank you, 19 Mr. President. 20 To conclude on the concurrent 21 resolution. Again, this amendment -- and if 22 there is ambiguity in the State Constitution, 23 we certainly should be amending the 24 Constitution to make sure that this issue is 25 resolved. The important thing is this is a

Candyco Transcription Service, Inc. 1 step in reform, in the direction of reform of 2 our redistricting process. And I appreciate 3 the fact that we'd have an opportunity to have 4 this conversation this afternoon. 5 Thank you, Mr. President. 6 ACTING PRESIDENT FLANAGAN: Is 7 there any other Senator wishing to be heard on 8 the resolution? 9 Call the roll. Oh, I'm sorry, 10 Senator Gianaris, I apologize. On the 11 resolution. 12 SENATOR GIANARIS: This is on 13 Senator Bonacic's resolution, correct? 14 ACTING PRESIDENT FLANAGAN: Yes. 15 SENATOR GIANARIS: Okay. Thank 16 you. 17 Would Senator Bonacic yield for a 18 question on the resolution? 19 ACTING PRESIDENT FLANAGAN: 20 Senator Bonacic, will you yield to a question? 21 SENATOR BONACIC: Absolutely. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Gianaris. 24 SENATOR GIANARIS: Thank you, 25 Senator Bonacic.

Candyco Transcription Service, Inc. 1 My first question is as it relates 2 to this concurrent resolution, when would be 3 the earliest point in time when this would 4 have an impact on the state's redistricting 5 process? 6 SENATOR BONACIC: This resolution 7 would take place for the elections in 2022. 8 It would not affect any of the redistricting 9 for the vote in 2012. 10 SENATOR GIANARIS: Thank you, 11 Senator Bonacic. 12 And as it relates to the content of 13 the resolution, what is the permissible 14 population deviation between state legislative 15 districts that the concurrent resolution would 16 allow? 17 SENATOR BONACIC: With respect to 18 the state elections, it would be a deviation 19 of 5 percent. With respect to the 20 Congressional elections, it would be a 21 deviation of 1 percent. 22 SENATOR GIANARIS: And if the 23 Senator would continue to yield. 24 SENATOR BONACIC: I do. 25 SENATOR GIANARIS: As it relates

Candyco Transcription Service, Inc. 1 to the Congressional deviation, is the Senator 2 aware that federal standards as laid out by 3 the federal courts do not permit a 1 percent 4 deviation in the case of Congressional 5 districts? 6 SENATOR BONACIC: What I do know 7 is that the courts have held guidelines for 8 reapportionment both for Congressional and 9 state seats. And there's two principles that 10 we have to adhere to. The first is the equal 11 protection clause, one person, one vote, in 12 accordance with the 14th Amendment. And we 13 have to comply with the federal Voting Rights 14 Act. Those two are in play. 15 So whatever standards we do, 16 whether the Legislature draws the lines or 17 this independent commission draws the lines, 18 it is all subject to court review whether we 19 adhered to those two principles. 20 SENATOR GIANARIS: On the 21 resolution, Mr. President. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Gianaris on the resolution. 24 SENATOR GIANARIS: I thank 25 Senator Bonacic for his yielding and for his

Candyco Transcription Service, Inc. 1 answering of my questions. 2 This is an issue that's received a 3 lot of attention in this body and throughout 4 this state, not only during this session but 5 during the course of the campaign season last 6 year. The concurrent resolution before us -- 7 well, let me say this. As part of the 8 campaign season, many of us -- just about all 9 of this body -- promised to support an 10 independent redistricting process that would 11 have effect for the 2012 elections. I just 12 want to be clear that this concurrent 13 resolution does not satisfy that promise. 14 I think we can all agree, as the 15 sponsor indicated, that the soonest that this 16 concurrent resolution can have any effect 17 whatsoever in New York would be in the year 18 2022, which is not pursuant to the 2010 19 census, which is the promise that so many of 20 us have made and the promise that I made to my 21 constituents. 22 The content of the concurrent 23 resolution also does not deal with one of the 24 biggest abuses of the redistricting process, 25 which is manipulation of the population

Candyco Transcription Service, Inc. 1 deviation. It's currently set, for state 2 legislative seats, at 5 percent, plus or 3 minus. And what's happened both as it relates 4 to this house and the house on the other side 5 of the Capitol, where I previously served, is 6 that the party in power would manipulate that 7 deviation to its political benefit. 8 One of the great ways we can reform 9 the redistricting process and make it fair is 10 to lower that population deviation. It is 11 what Governor Cuomo has proposed in his 12 legislation, it is what I have proposed in 13 mine, it is what Senator Valesky has proposed 14 in his as well. It is what the advocates who 15 have worked so hard on this issue have called 16 for. And it is not contained in the 17 concurrent resolution before us today. 18 So for two reasons, two primary 19 reasons, I find the concurrent resolution 20 before us is something that I must oppose. 21 Number one, because it does not remedy the 22 abuse of the redistricting process which is 23 most commonly utilized, and that's the 24 population deviation, which allows some 25 districts to have 10 percent more residents

Candyco Transcription Service, Inc. 1 than others. 2 And also, importantly, it does 3 absolutely nothing to remedy the redistricting 4 process for next year's elections, which is 5 what so many in this state are asking for, 6 which would bring accountability to our state 7 Legislature in a way that it didn't exist in 8 the past. 9 I'm glad that the reelection rate 10 of so many of my colleagues who I enjoy 11 serving with is as high as it is. But I would 12 rather that that happen, I think the public 13 would rather that that happen as a result of 14 vigorous elections where they get to make the 15 choice of who their representative is going to 16 be, be it in the Assembly or in the Senate. 17 And unfortunately, competitive 18 elections are far too lacking in this state 19 and something that the public is asking us to 20 fix. Because with more accountable 21 representatives, the public has more of a say 22 at election time and the public can have 23 greater confidence in what goes on in the 24 State Capitol. 25 So, Mr. President, I thank you very

Candyco Transcription Service, Inc. 1 much for the time today. In a measured tone I 2 have addressed my colleagues as to the reasons 3 why I think this concurrent resolution is one 4 on which I am compelled to vote no, and I 5 encourage all of them to join me in voting 6 against today's resolution. 7 Thank you. 8 ACTING PRESIDENT FLANAGAN: Thank 9 you, Senator Gianaris. 10 Senator Oppenheimer. 11 SENATOR OPPENHEIMER: Thank you. 12 On the bill. 13 ACTING PRESIDENT FLANAGAN: 14 Senator Oppenheimer on the resolution. 15 SENATOR OPPENHEIMER: On the 16 resolution. 17 Well, I'm all for many more 18 competitive elections, maybe take the focus 19 off of me. 20 (Laughter.) 21 SENATOR OPPENHEIMER: And 22 actually I was a cosponsor of this bill, 23 because originally I thought maybe there were 24 two processes here. One would be take care of 25 something in our immediate future, and maybe

Candyco Transcription Service, Inc. 1 in the future take care of an amendment to our 2 constitution. 3 But I see that it's now -- now is 4 the time for immediate change and significant 5 reform, and in no way could that happen for 6 another 12 years. So I will be voting in the 7 negative. 8 And I have received additional 9 information, much of which has already been 10 covered by Senator Gianaris, from my friends 11 at the good-government groups, particularly -- 12 as you know, I come from the League of Women 13 Voters, and I have received a report from 14 them, and it points up many things that I 15 think are additional information. 16 They particularly look at what they 17 see as the lack of sufficient independence, in 18 that there isn't enough space between we 19 legislators and the commission members. For 20 example, lobbyists can be appointed, 21 legislative staff can be appointed, relatives 22 can be appointed. I think we need more of a 23 separation, not less. 24 And the Cuomo bill and the Gianaris 25 bill both have an additional layer in there

Candyco Transcription Service, Inc. 1 which does separate the legislators from those 2 drawing the lines. 3 And I think in particular those two 4 bills I mentioned put in a requirement which 5 is very important, I think, on this side of 6 the aisle, which is the requirement to take 7 into account diversity and ethnicity and 8 geography and race. And that is not in the 9 bill before us. 10 I think another point that we can 11 say about the Cuomo and Gianaris bill that is 12 different from this bill before us is that the 13 deviation of 1 percent is much more likely to 14 result in a one-person-one-vote than the 15 deviation of 5 percent, where those with the 16 smaller numbers in the district actually 17 increase the power of that vote, that one 18 vote, whereas the larger districts decrease 19 the power of an individual's vote. 20 Also, the bill before us does not 21 have specific instances of how districts will 22 be compacted, how compact they will be, 23 another area of concern for our 24 good-government friends. 25 And lastly, another one that's of

Candyco Transcription Service, Inc. 1 course of great importance, I think, is that 2 there's no requirement for public hearings 3 throughout the state. And in the case of the 4 Cuomo bill, there's one set of hearings. In 5 the case of Senator Gianaris's bill, there are 6 two sets of hearings. The more the public 7 knows, the better off we are. And we know 8 that we have their support if they understand 9 what we're doing. 10 And so for those reasons, I will be 11 voting no in spite of being a sponsor of the 12 bill. Thank you. 13 ACTING PRESIDENT FLANAGAN: Thank 14 you, Senator Oppenheimer. 15 Senator Hassell-Thompson on the 16 resolution. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 I rise to speak on the resolution 20 and say that those members who either were in 21 committee or were in Rules have already heard 22 what I'm going to say, but that doesn't 23 encompass the rest of us that did not get to 24 participate in either of those. 25 My concern about this bill -- and

Candyco Transcription Service, Inc. 1 let me just back up a minute and say to you, 2 Senator Bonacic, and say that now that I 3 recognize that clearly you are separating your 4 attempts in this bill going forward, as 5 opposed to a remedy for 2012, then I will 6 reserve the concerns that I had about that. 7 But I also heard you very clearly 8 say that this did not preclude any 9 participation in developing something for 10 2012. And I hope we can count on you when 11 something does come that will address that 12 issue. 13 But going forward, as we look at 14 your attempts to do a constitutional change, 15 there are some things that disturb me greatly. 16 As someone who represents one of the very few 17 districts that are covered under Section 5 of 18 the Voting Rights Act -- Bronx County, Queens 19 County, and New York County -- there are a 20 couple of things that are very disturbing. 21 Number one, downstate New York 22 has -- we keep using the word "compact," but 23 we confuse that with packing. And the way in 24 which we have gone forward continues to pack 25 people into our districts in a way that does

Candyco Transcription Service, Inc. 1 not give the benefit of one-person-one-vote. 2 The other thing that concerns me 3 greatly is that this bill seeks to repeal the 4 current law that bans prison-based 5 gerrymandering. And as somebody who worked 6 very, very hard to do that, I'm certainly not 7 prepared to vote for a bill that would 8 overturn that. I think that the way in which 9 prisoners have been counted in the prisons has 10 done injury to those districts from which they 11 are clearly represented. 12 The other thing that I'm concerned 13 about is that this bill does not ensure 14 adequate public understanding or participation 15 in the redistricting process. And part of it 16 I heard Senator Oppenheimer allude to, that 17 this bill does not contain the diversity that 18 would allow full participation based upon 19 gender, based upon geography, linguistics, as 20 well as ethnicity and race. And so for all of 21 those reasons and others, I could not possibly 22 support this bill. 23 The other thing is that if we want 24 to make this a great bill, the ban on drawing 25 lines -- and we want to talk about how do we

Candyco Transcription Service, Inc. 1 make this committee as truly independent as 2 possible, the way in which this bill allows 3 anybody, you know, including relatives of 4 elected officials to be participatory, and yet 5 they don't want elected officials to be 6 participatory, I don't see how in fact this 7 will give you the independence that you say 8 you seek. 9 I would like to, as I have in the 10 past, volunteer to work with you on this bill 11 to make it a better bill. If in fact we want 12 to truly do a constitutional amendment to 13 eliminate the existing reapportionment and 14 redistricting kind of wrangling that goes on 15 here, and so that the people of the State of 16 New York will get full and fair 17 participation -- but I don't think that this 18 bill will do this. 19 And I thank you very much. 20 ACTING PRESIDENT FLANAGAN: Thank 21 you, Senator Hassell-Thompson. 22 Senator Espaillat on the 23 resolution. 24 SENATOR ESPAILLAT: Thank you, 25 Mr. President. On the resolution.

Candyco Transcription Service, Inc. 1 I want to commend Senator Bonacic 2 for his good work in trying to bring this 3 issue to our constitution. 4 However, I feel very strongly that 5 this is kicking the can down the road to the 6 next decade. And that in fact the voters of 7 New York State, the residents of New York 8 State have given us all a mandate to take care 9 of this once and for all in the next couple of 10 years. They want us to do away with the old 11 practices of backroom gerrymandering. They 12 want us to do away with the practices of 13 cracking and packing that have disenfranchised 14 communities of common interest for many, many 15 years. 16 So we feel that we should be up to 17 the task of preparing ourselves to do this in 18 the next two years. We must identify those 19 prisoners that benefited from doing away with 20 prison gerrymandering, identify where they 21 came from, and include them in the voting 22 rolls for the next upcoming elections. We 23 should not delay this process any further. 24 This resolution provides -- may 25 provide cover for many of us who may not want

Candyco Transcription Service, Inc. 1 to take a stand on an independent 2 redistricting commission and may want to say 3 that in fact they'd rather vote for a 4 constitutional amendment. 5 It is clear that, as I did, many of 6 us signed a pledge to do this swiftly and in a 7 transparent fashion, to do it this year and 8 next year. And I think the voters and the 9 residents of New York State want this to 10 happen now and not in the next decade. That 11 is why I will be voting in the negative. 12 ACTING PRESIDENT FLANAGAN: Thank 13 you, Senator Espaillat. 14 Senator Bonacic to close. 15 SENATOR BONACIC: Thank you, 16 Mr. President. 17 First of all, I'd like to -- 18 ACTING PRESIDENT FLANAGAN: 19 Excuse me, Senator Bonacic, I apologize. 20 Senator Perkins, I was unaware that 21 you wanted to speak. 22 Senator Perkins on the resolution. 23 SENATOR PERKINS: Thank you very 24 much. I'm going to be brief. 25 I just want to -- you know, I'm

Candyco Transcription Service, Inc. 1 concerned about the fact that this is a 2 diversion from what the public is expecting of 3 us to do right away, which is to redistrict in 4 a fair way the seats and to pass legislation 5 as quickly as possible. This puts off to 6 another decade that which the people want us 7 to take care of today. 8 It reminds me of the era when the 9 term "with all due deliberate speed" was used 10 as an opportunity for those to continue the 11 slow pace of integration, as opposed to move 12 forward as quickly as possible. 13 And whenever you get involved in 14 these voting rights and these election rights 15 issues, you have to take into consideration 16 the fact that there are protected districts 17 such as mine in Manhattan, one in Brooklyn, 18 Kings County and others. 19 And so I'm concerned that we're not 20 doing this as expeditiously as we should be 21 doing it, that in fact that it's a delay 22 tactic that is not providing the reform but, 23 quite the opposite, is against reform. 24 And I therefore am going to have to 25 vote no and encourage all my colleagues, for

Candyco Transcription Service, Inc. 1 the sake of civil rights, that we do not allow 2 this legislation to go forward and delay that 3 which we're supposed to be doing now. 4 ACTING PRESIDENT FLANAGAN: Thank 5 you, Senator Perkins. 6 Is there any other Senator wishing 7 to be heard? 8 Senator Bonacic to close. 9 SENATOR BONACIC: Thank you, 10 Mr. President. 11 First I'd like to thank my 12 colleagues for the kind words, especially 13 Senator Valesky, and the kind words from all 14 my colleagues. 15 Let me just make a couple of 16 observations. This constitutional amendment 17 that we're proposing, that I have proposed 18 since 1996 -- I have been consistent from 1996 19 to the present time. There was no legislation 20 or budget provision that dealt with census and 21 prisoners. It's not in my legislation, 22 because I started this in 2006. 23 This emanated from Senator 24 Dollinger before me. And I picked it up 25 because I thought it was pure, it was simple,

Candyco Transcription Service, Inc. 1 it was independent, it was bipartisan. And 2 it's as truthful as we can get when it comes 3 to drawing lines for redistricting. 4 And along the way of this 5 legislation as it was proposed, let me just 6 share with you some of the people who have 7 sponsored it which I'd like to thank, those 8 presently and in the past. Senator Ball. 9 Senator Grisanti. Senator Oppenheimer, who 10 sponsored this in 2009-2010. Senator Saland. 11 Senator Liz Krueger, who stood with me when I 12 say my lonely two years in 2007 and 2008 over 13 here, my only cosponsor on your side of the 14 aisle. Senator Golden. Former Senator Mary 15 Lou Rath. Senator Duane. Former Senator 16 Seymour Lachman, who has really shed some 17 light on Albany with his book. Our Senate 18 president from 2009-2010, Senator Malcolm 19 Smith. Our Senate majority conference leader 20 2009-2010, Senator John Sampson. Senator 21 Stavisky. And others. 22 So you know this is not a partisan 23 piece of legislation. We've all embraced it. 24 And when it comes to constitutional 25 amendments, we kept kicking the can down the

Candyco Transcription Service, Inc. 1 road because this started back close to 2000 2 and we didn't do it. 3 And when you say -- and I think 4 Senator Esplata [sic] has said -- and I might 5 not have pronounced that right, Senator, and I 6 apologize -- he indicated that we're kicking 7 the can down the road. You kick the can down 8 the road, when you use that expression, when 9 you don't provide a solution. This does 10 provide a solution. And the public strives 11 for an independent analysis. 12 Now I'm just going to comment a 13 little bit of some of the concerns that you've 14 raised. You've said that the courts require 15 ethnicity, minorities, gender -- and I agree 16 with all of that. But those standards have 17 been set when there's a federal review or a 18 state review by the judicial system. That's 19 going to happen anyway. 20 And this commission that we're 21 trying to establish to draw the lines, five 22 people, one appointed by each leader and the 23 other four pick the fifth. So there was 24 concerns about who would qualify for these 25 five. And that's something that we can do

Candyco Transcription Service, Inc. 1 together, working together, setting 2 qualifications for who would qualify, whether 3 they be a New York resident, how long you want 4 them to be a resident, you want to ban 5 lobbyists, you want to try to achieve 6 ethnicity. These are all legitimate areas 7 that we can prepare a law for as to have them 8 the most qualified and being independent and 9 trying to be fair. That we can do. 10 As for public hearings, in order 11 for this to pass, we have to do this again in 12 2013. We have a lot of time for public 13 hearings. And again, by statute, we can 14 require public hearings. But the ultimate 15 public hearing is the vote of the voters on 16 whether or not they embrace this 17 constitutional change. 18 So my intent in doing this was not 19 in any way to not address redistricting in 20 2012, because I've said up front we all have 21 to do that. But we are putting in place a 22 process and finally making decision on a 23 constitutional change once and for all for 24 reforms for future legislatures down the road, 25 where we don't have to get involved in all

Candyco Transcription Service, Inc. 1 this rhetoric and dancing. 2 And we need the constitutional 3 change because the Legislature says we are 4 delegating this authority to five people. 5 And, you know, if I could get five Solomons, I 6 wish we could. But I think it's a truthful 7 dialogue of the best independent process we 8 could have that's bipartisan. 9 And that's why I'm putting this 10 resolution forward -- in no way, in no way to 11 address the urgency and your concerns for 12 2012. Governor Cuomo I said right up front 13 this constitutional change does not do this. 14 And, you know, I'm not playing the 15 blame game, but let's face it. You had 16 opportunities -- meaning your side of the 17 aisle -- in 2009 and 2010 to do independent 18 redistricting, to do a constitutional change. 19 Because now, if we do it now, then we have the 20 change and it could have gone forward in 2012. 21 And when we do something by statute 22 and not by constitutional change, we get 23 nervous. Both sides get nervous. And I know 24 that whenever you get a chance, you want to 25 talk about the Governor's redistricting bill.

Candyco Transcription Service, Inc. 1 But I get a concern when we give a governor 2 four appointments, four appointments. Because 3 let me just change the dialogue. What happens 4 if Carl Paladino was governor? Would you be 5 concerned giving the governor four 6 appointments for this reapportionment, 7 redistricting committee? Sure you would. If 8 you had a governor that was not elected, like 9 we had four years ago, would you have a 10 concern about the legitimacy of independence 11 and bipartisanship? I think you would. So I 12 try to have an honest dialogue of the best way 13 to get there. 14 And then what really made everybody 15 nervous was remarks by your president pro tem 16 back in May where he said "When we are in the 17 majority, we will put the Republicans into 18 oblivion in terms of redistricting." Now, if 19 that doesn't get people nervous, nothing does. 20 So that's one of the reasons why 21 we've been going forward and giving everybody 22 an opportunity to avoid these things that have 23 happened in the past. And I've intentionally 24 made it prospectively so it resolves the 25 problem as we go out. But it certainly

Candyco Transcription Service, Inc. 1 doesn't kick the can down the road, because it 2 is a solution. It's real reform. 3 The New York City Bar Association 4 is on record that if you're going to do 5 redistricting, get it out of the hands of the 6 Legislature, do a constitutional amendment. 7 There are 10 states now in this country 8 looking on reforming redistricting, 9 constitutional amendments. 10 So the time is now. And, you know, 11 you can dance and say, well, you know, the 12 need is imminent, it's immediate for 2012. 13 But we're not delaying that process at all. 14 We're asking you to be a partner with us, like 15 all those Democrats were in sponsoring this 16 legislation throughout the years. 17 So this is an opportunity for 18 reform for all of us. And I ask you to 19 support the measure, and I thank you for your 20 consideration. 21 Thank you, Mr. President. 22 ACTING PRESIDENT FLANAGAN: Thank 23 you, Senator Bonacic. 24 The Secretary will call the roll on 25 the concurrent resolution.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 SENATOR SQUADRON: Point of 3 order, Mr. President. 4 I believe this was a bill on the 5 controversial calendar. We need to ring the 6 bells before calling the vote, respectfully. 7 ACTING PRESIDENT FLANAGAN: The 8 Secretary will ring the bell. 9 Thank you, Senator Squadron. 10 Senator Libous, the bell has been 11 rung and the Secretary will call the roll 12 momentarily. 13 (Laughter.) 14 ACTING PRESIDENT FLANAGAN: 15 Senator Squadron, why do you rise? 16 SENATOR SQUADRON: Mr. President, 17 I request a slow roll. I was not sure if you 18 had forgotten to call the roll or not. 19 ACTING PRESIDENT FLANAGAN: When 20 we get to the roll call, Senator Squadron, I 21 will address your concern. 22 SENATOR SQUADRON: Thank you. 23 ACTING PRESIDENT FLANAGAN: The 24 Secretary will call the roll on the concurrent 25 resolution.

Candyco Transcription Service, Inc. 1 Senator Squadron. 2 SENATOR SQUADRON: Slow roll 3 call, please. 4 (Several Democratic members stood.) 5 ACTING PRESIDENT FLANAGAN: Thank 6 you, Senator Squadron. 7 The Secretary will call the roll 8 slowly on the concurrent resolution. 9 THE SECRETARY: Senator Adams, 10 excused. 11 Senator Addabbo. 12 SENATOR ADDABBO: No. 13 THE SECRETARY: Senator Alesi. 14 SENATOR ALESI: Yes. 15 THE SECRETARY: Senator Avella. 16 SENATOR AVELLA: No. 17 THE SECRETARY: Senator Ball. 18 SENATOR BALL: Yes. 19 THE SECRETARY: Senator Bonacic. 20 SENATOR BONACIC: Yes. 21 THE SECRETARY: Senator Breslin. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Breslin, to explain his vote. 24 SENATOR BRESLIN: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 I stand to say to Senator Bonacic 2 thank you for so much work that he's done. 3 But this is a bill that was 4 introduced last week, rushed through 5 Judiciary, rushed through Rules. At a time 6 when the Governor put a bill in that couldn't 7 really be dealt with because we had the budget 8 to worry about. 9 I only point that out because it 10 really points to a true diversion, as Senator 11 Perkins has said, Senator Hassell-Thompson has 12 said, and others have said. It's a diversion 13 that takes our focus away from proper 14 redistricting. Senator Bonacic's bill talks 15 about 11 years from now -- 11 years from now. 16 We have plenty of time for hearings, plenty of 17 time to talk about the racial factor in this 18 bill, about hearings, about the deviation. I 19 believe it should be 1 percent. 20 And for that reason and others, I 21 vote no. Thank you, Mr. President. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Breslin to be recorded in the 24 negative. 25 THE SECRETARY: Senator Carlucci.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Carlucci, to explain his vote. 3 SENATOR CARLUCCI: Thank you, 4 Mr. President. 5 I care deeply about independent 6 redistricting. I think it's extremely 7 important that we try to address it as soon as 8 possible so that we have it in place before 9 the next set of legislative races. 10 With that said, I think it's 11 important that we keep in mind just not the 12 next election but the next generation. And we 13 keep in mind that this is the closest that 14 this body has come to actually approving and 15 securing one man, one vote or one person, one 16 vote in the New York State Constitution. 17 So I don't want to let this 18 opportunity go by and allow us to wait another 19 10 years and then have this same discussion. 20 So, Mr. President, I'll be voting 21 in the affirmative. Thank you. 22 ACTING PRESIDENT FLANAGAN: Thank 23 you. Senator Carlucci to be recorded in the 24 affirmative. 25 THE SECRETARY: Senator

Candyco Transcription Service, Inc. 1 DeFrancisco. 2 SENATOR DeFRANCISCO: Aye. 3 THE SECRETARY: Senator Diaz. 4 SENATOR DIAZ: No. 5 THE SECRETARY: Senator Dilan. 6 SENATOR DILAN: No. 7 THE SECRETARY: Senator Duane. 8 SENATOR DUANE: No. 9 THE SECRETARY: Senator 10 Espaillat. 11 SENATOR ESPAILLAT: No. 12 THE SECRETARY: Senator Farley. 13 SENATOR FARLEY: Aye. 14 THE SECRETARY: Senator Flanagan. 15 SENATOR FLANAGAN: Yes. 16 THE SECRETARY: Senator 17 Fuschillo. 18 SENATOR FUSCHILLO: Yes. 19 THE SECRETARY: Senator Gallivan. 20 SENATOR GALLIVAN: Yes. 21 THE SECRETARY: Senator Gianaris. 22 SENATOR GIANARIS: No. 23 THE SECRETARY: Senator Golden. 24 SENATOR GOLDEN: Yes. 25 THE SECRETARY: Senator Griffo.

Candyco Transcription Service, Inc. 1 SENATOR GRIFFO: Yes. 2 THE SECRETARY: Senator Grisanti. 3 SENATOR GRISANTI: Yes. 4 THE SECRETARY: Senator Hannon. 5 SENATOR HANNON: Yes. 6 THE SECRETARY: Senator 7 Hassell-Thompson. 8 ACTING PRESIDENT FLANAGAN: 9 Senator Hassell-Thompson, to explain her vote. 10 SENATOR HASSELL-THOMPSON: Thank 11 you, Mr. President. 12 I just would like, in explaining my 13 vote, to just say to Senator Bonacic that 14 while I appreciate the fact that many of these 15 you ascribe to the courts, if we have the 16 opportunity to do a good bill, why would we 17 wait for the courts to have to dictate what 18 should be in it? If we know what's right, 19 then we should ensure that we create a 20 committee that allows for diversity, we should 21 create a committee that allows for all of the 22 opportunities for fairness. 23 And I don't believe that this bill 24 does that, and so therefore I will continue to 25 vote no.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 ACTING PRESIDENT FLANAGAN: 3 Senator Hassell-Thompson to be recorded in the 4 negative. 5 THE SECRETARY: Senator Huntley. 6 (No response.) 7 THE SECRETARY: Senator Johnson. 8 SENATOR JOHNSON: Aye. 9 THE SECRETARY: Senator Kennedy. 10 SENATOR KENNEDY: No. 11 THE SECRETARY: Senator Klein. 12 SENATOR KLEIN: Yes. 13 THE SECRETARY: Senator 14 L. Krueger. 15 ACTING PRESIDENT FLANAGAN: 16 Senator Liz Krueger to explain her vote. 17 SENATOR LIZ KRUEGER: Thank you, 18 Mr. President. 19 I also will be voting no on this 20 bill today. I appreciate Senator Bonacic's 21 long explanation of the bill. And he's 22 correct, there was a previous year where I did 23 cosponsor this bill. And I admit I didn't 24 read the bill carefully enough. I didn't 25 understand all of the ramifications of all of

Candyco Transcription Service, Inc. 1 the specific changes in this constitutional 2 amendment. 3 But I was able to learn what I 4 didn't like about this bill because the public 5 came to me to lay out the details of the 6 concerns they had with this bill. And so I 7 didn't sponsor this year. 8 But I think the important part is 9 we're now moving this bill through Judiciary, 10 Rules, to the floor for a vote in one day. 11 The Governor has -- even though we've all 12 heard this will have an impact, if ever 13 passed, on the next redistricting after 2021. 14 And yet we have a desperate need to do 15 something about independent redistricting this 16 year in a matter of months as far as the 17 process, and yet we can't get the Governor's 18 program bill through to a public hearing so we 19 could learn whether we would agree or disagree 20 with each other on that bill. 21 So I am voting no on this bill. I 22 will admit freely the more I learned the more 23 I realized that wasn't the right bill. 24 And I just wish, for the record, 25 that some all-powerful committee clerk

Candyco Transcription Service, Inc. 1 couldn't stop a public hearing on a Governor's 2 program bill that is very timely and needs to 3 be done or at least evaluated now. 4 So I'll be voting no, 5 Mr. President. Thank you. 6 ACTING PRESIDENT FLANAGAN: 7 Senator L. Krueger to be recorded in the 8 negative. 9 THE SECRETARY: Senator C. 10 Kruger. 11 SENATOR CARL KRUGER: No. 12 THE SECRETARY: Senator Lanza. 13 SENATOR LANZA: Aye. 14 THE SECRETARY: Senator Larkin. 15 ACTING PRESIDENT FLANAGAN: 16 Senator Larkin, to explain his vote. 17 SENATOR LARKIN: You know, 18 Mr. President, I'd like to go back a few 19 years -- '82, '92, 2002, I heard these same 20 comments. During the campaign of '08 I 21 remember my opponent saying one of the first 22 things we're going to do is we're going to 23 take that bill in '09 and we're going to have 24 reapportionment. 25 And I remember John Bonacic saying

Candyco Transcription Service, Inc. 1 at one of our meetings, you know, let's stop 2 kicking the can down the road, let's do it 3 right. Let's have a constitutional -- I heard 4 John saying that way back when. 5 Don't sit here today like "We want 6 a public hearing." What happened to your 7 voices of '08? We're going to do it. You had 8 the opportunity in '09, in '10. But as the 9 former president, Mr. Smith, said "We're going 10 kick them out to oblivion" -- well, the public 11 had a different view. 12 You will make all of those excuses: 13 You know, we should have public this, we 14 should have a public -- do you know, this week 15 I attended three parades. Not one person said 16 to me about redistricting. You know what they 17 said? "Can you find a job for me?" "When are 18 you going to lower the taxes?" "When are you 19 going to do your work?" 20 John Bonacic, you're to be 21 commended. Because when others were saying 22 "John, you're biting off too much," you said, 23 "My priority is the people I represent, not 24 the special interests." Thank you very much, 25 John.

Candyco Transcription Service, Inc. 1 I vote yes. 2 ACTING PRESIDENT FLANAGAN: 3 Senator Larkin to be recorded in the 4 affirmative. 5 THE SECRETARY: Senator LaValle. 6 SENATOR LaVALLE: Aye. 7 THE SECRETARY: Senator Libous. 8 SENATOR LIBOUS: Aye. 9 THE SECRETARY: Senator Little. 10 SENATOR LITTLE: Yes. 11 THE SECRETARY: Senator 12 Marcellino. 13 SENATOR MARCELLINO: Yes. 14 THE SECRETARY: Senator Martins. 15 SENATOR MARTINS: Yes. 16 THE SECRETARY: Senator Maziarz, 17 excused. 18 Senator McDonald. 19 SENATOR McDONALD: Yes. 20 THE SECRETARY: Senator 21 Montgomery. 22 SENATOR MONTGOMERY: No. 23 THE SECRETARY: Senator Nozzolio. 24 SENATOR NOZZOLIO: Aye. 25 THE SECRETARY: Senator O'Mara.

Candyco Transcription Service, Inc. 1 SENATOR O'MARA: Aye. 2 THE SECRETARY: Senator 3 Oppenheimer. 4 SENATOR OPPENHEIMER: No. 5 THE SECRETARY: Senator Parker. 6 SENATOR PARKER: Nay. 7 THE SECRETARY: Senator Peralta. 8 SENATOR PERALTA: No. 9 THE SECRETARY: Senator Perkins. 10 SENATOR PERKINS: No. 11 THE SECRETARY: Senator 12 Ranzenhofer. 13 SENATOR RANZENHOFER: Yes. 14 THE SECRETARY: Senator Ritchie. 15 SENATOR RITCHIE: Yes. 16 THE SECRETARY: Senator Rivera. 17 SENATOR RIVERA: Nay. 18 THE SECRETARY: Senator Robach. 19 SENATOR ROBACH: Aye. 20 THE SECRETARY: Senator Saland. 21 SENATOR SALAND: Aye. 22 THE SECRETARY: Senator Sampson. 23 (Senator Sampson recorded in the 24 negative.) 25 THE SECRETARY: Senator Savino.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Savino, to explain her vote. 3 SENATOR SAVINO: Thank you, 4 Mr. President. 5 You know, I'm actually going to 6 vote for this resolution, Senator Bonacic. 7 But I don't think our work here is done. I 8 agree with you that we need to solve this 9 problem constitutionally for the next 10 legislative body. Hopefully some of us will 11 be here in 10 years. Some of us might not. 12 I also don't think our work is 13 done. I think we need to do nonpartisan 14 independent redistricting for the upcoming 15 census. I think it's important. Sixty people 16 in this body campaigned on that issue last 17 year. They either signed a pledge or they 18 signed onto a piece of legislation saying that 19 they believed in it. 20 But there are very few issues that 21 come before this body that has created such a 22 level of discomfort for people as this 23 particular issue. And if we all wanted to be 24 honest with ourselves and we wanted to be 25 honest with our voters, we would tell people

Candyco Transcription Service, Inc. 1 what we really think about independent 2 redistricting. 3 Senator Bonacic is right. He's 4 been pushing this bill for -- 12 years now? 5 Many of the members on this side of the aisle 6 cosponsored your bill before. We all 7 supported it when we were in charge, yet we 8 couldn't get it out of committee and we 9 couldn't bring it to the floor. 10 I don't think this is the perfect 11 solution. I still think that we need to do 12 independent redistricting for the upcoming 13 legislative terms. But I know one thing is 14 for sure. This may be the only chance in my 15 career that I will ever get to vote on a bill 16 that calls for independent nonpartisan 17 redistricting in the New York State Senate, 18 folks. 19 So for that reason, I'm going to 20 vote for this bill, because it may be my only 21 shot. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Savino to be recorded in the 24 affirmative. 25 THE SECRETARY: Senator Serrano.

Candyco Transcription Service, Inc. 1 SENATOR SERRANO: No. 2 THE SECRETARY: Senator Seward. 3 SENATOR SEWARD: Yes. 4 THE SECRETARY: Senator Skelos. 5 (Senator Skelos recorded in the 6 affirmative.) 7 THE SECRETARY: Senator Smith. 8 SENATOR SMITH: No. 9 THE SECRETARY: Senator Squadron. 10 ACTING PRESIDENT FLANAGAN: 11 Senator Squadron, to explain his vote. 12 SENATOR SQUADRON: Thank you very 13 much, Mr. President. 14 And I too commend Senator Bonacic 15 for what I know has been years and years of 16 working on this issue and being supportive of 17 it, and his sincere belief that there is a 18 better way to do things. And my colleagues on 19 this side of the aisle who pointed out so many 20 of the reasons that I think this bill still 21 does need more work and is not fully there 22 yet. 23 But let's be very clear. This has 24 been a very good, genteel debate, and that's 25 appropriate for this house. Unlike last week,

Candyco Transcription Service, Inc. 1 which really wasn't. But there's a striking 2 similarity between last week's debate and this 3 week's debate. In neither case have we yet 4 dealt with the issue that 60 out of 62 of us 5 have pledged to deal with, which is 6 redistricting right now. 7 Let's be clear. This body has 8 still not taken up an issue that 60 out of 62 9 of us have pledged to take up. That's a very 10 important issue and I think a reason right now 11 why this bill of Senator Bonacic's that is 12 admirable and that I think is an important 13 piece of the puzzle shouldn't come first and 14 shouldn't come in this rushed way, it should 15 come in the appropriate time and the 16 appropriate course. 17 And what we need to do right now is 18 we need take up a bill that will solve the 19 problem for this coming year, which is what we 20 all pledged to do. 21 I'll be voting no, Mr. President. 22 Thank you. 23 ACTING PRESIDENT FLANAGAN: 24 Senator Squadron to be recorded in the 25 negative.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Stavisky. 2 SENATOR STAVISKY: To explain my 3 vote. 4 ACTING PRESIDENT FLANAGAN: 5 Senator Stavisky to explain her vote. 6 SENATOR STAVISKY: There are a 7 lot of things that are good with this bill, 8 but there are some technical corrections that 9 really have not been made. And it seems to me 10 that we are just passing off the problem for 11 another 10 or 11 years. 12 I hate to think that this might be 13 the only chance we have to vote on a 14 redistricting bill. That, to me, is a cynical 15 scenario is that we must reject. I suggest 16 that it's time to consider the Governor's 17 program bill. I vote no. 18 ACTING PRESIDENT FLANAGAN: 19 Senator Stavisky to be recorded in the 20 negative. 21 THE SECRETARY: Senator 22 Stewart-Cousins. 23 SENATOR STEWART-COUSINS: No. 24 THE SECRETARY: Senator Valesky. 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Valesky to explain his vote. 2 SENATOR VALESKY: Thank you, 3 Mr. President. 4 Mr. President, I'm disappointed 5 this afternoon. I'm disappointed in the no 6 votes by my colleagues here today. I'm 7 disappointed in the comments from 8 organizations outside of the Senate who 9 somehow believe that reform is not embodied in 10 this concurrent resolution that is before us 11 today. 12 We can go through line by line a 13 piece of legislation that comes before us 14 every day that we're here -- or, in this case, 15 a concurrent resolution. We can find a clause 16 in a bill that we might think might not go far 17 enough. We can find a sentence that we might 18 think might not quite fit in terms of our 19 definition of reform. 20 But in the final analysis it seems 21 to me that when we vote on this concurrent 22 resolution, or when we vote on anything that 23 comes before us in this State Senate, that we 24 take a step back and we ask ourselves one 25 simple question. In this case, that question

Candyco Transcription Service, Inc. 1 is: Would the State of New York and the 2 people of the State of New York be better 3 served by a redistricting process that is done 4 this way as opposed to the way we've been 5 doing it decade after decade after decade? 6 Mr. President, in my mind, there's 7 no comparison. This is a far superior way to 8 redraw district lines in the State of 9 New York. And for that reason I vote yes. 10 ACTING PRESIDENT FLANAGAN: 11 Senator Valesky to be recorded in the 12 affirmative. 13 THE SECRETARY: Senator Young. 14 SENATOR YOUNG: Yes. 15 THE SECRETARY: Senator Zeldin. 16 SENATOR ZELDIN: Yes. 17 ACTING PRESIDENT FLANAGAN: The 18 Secretary will call the absentees. 19 THE SECRETARY: Senator Huntley. 20 (No response.) 21 ACTING PRESIDENT FLANAGAN: The 22 Secretary will announce the results. 23 THE SECRETARY: Ayes, 35. Nays, 24 24. 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 resolution is adopted. 2 Senator Libous, that completes the 3 controversial reading of the supplemental 4 calendar. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. 7 Mr. President, is there any further 8 business at the desk? 9 ACTING PRESIDENT FLANAGAN: No, 10 Senator Libous. 11 But I would respectfully ask that 12 the members just wait for one moment. Senator 13 Libous has something he'd like to ask. But 14 there is no further official business at the 15 desk. 16 SENATOR LIBOUS: We're going to 17 do a couple of things, Mr. President. 18 I believe, in consultation with 19 Senator Skelos, Senator Sampson would like to 20 hand up the following committee assignments 21 and note it in the Journal. 22 ACTING PRESIDENT FLANAGAN: So 23 ordered. To be filed in the Journal Clerk's 24 office. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 This weekend the people of Japan 3 experienced some very, very horrific 4 devastation, with not just one but several 5 earthquakes and other tremors that followed. 6 We pour our hearts out to the people of Japan 7 and certainly hope that the rescue efforts -- 8 which is a humanitarian effort throughout the 9 entire world to help those who have survived 10 and certainly to help heal the pain of those 11 who have lost their homes, their worldly 12 possessions and their loved ones. 13 Mr. President, I would ask that 14 this body join me in a moment of silence for 15 those who unfortunately lost their lives 16 through this devastation, and that we have a 17 moment of silent prayer for those and the 18 leaders in Japan and certainly those around 19 the world who are helping this nation at this 20 time. 21 ACTING PRESIDENT FLANAGAN: Thank 22 you, Senator Libous. 23 Obviously everyone has heeded your 24 call and has risen. 25 (Whereupon, the assemblage

Candyco Transcription Service, Inc. 1 respected a moment of silence.) 2 SENATOR LIBOUS: Mr. President, 3 there being no further business, I move that 4 the Senate adjourn until Tuesday, March 15th, 5 2011, at 1:30 p.m. 6 ACTING PRESIDENT FLANAGAN: On 7 motion, the Senate stands adjourned until 8 Tuesday, March 15th, at 1:30. 9 (Whereupon, at 5:22 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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