Regular Session - January 12, 2015
86
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 January 12, 2015
11 3:06 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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25
87
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise for the Pledge of Allegiance as we have the
6 presentation of colors.
7 (Whereupon, the Color Guard
8 advanced into the chamber and presented colors
9 before the members, then posted colors to either
10 side of the dais.
11 ACTING PRESIDENT GRIFFO: I ask
12 everyone present to please repeat with me the
13 Pledge of Allegiance to our Flag.
14 (Whereupon, the assemblage recited
15 the Pledge of Allegiance to the Flag.)
16 ACTING PRESIDENT GRIFFO: I ask
17 now that in the absence of clergy that you all
18 bow your heads in a moment of silent reflection.
19 (Whereupon, the assemblage
20 respected a moment of silence.)
21 ACTING PRESIDENT GRIFFO: The
22 reading of the Journal.
23 THE SECRETARY: In Senate, Sunday,
24 January 11th, the Senate met pursuant to
25 adjournment. The Journal of Saturday,
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1 January 10th, was read and approved. On motion,
2 Senate adjourned.
3 ACTING PRESIDENT GRIFFO: Without
4 objection, the Journal stands approved as read.
5 Presentation of petitions.
6 Messages from the Assembly.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports of state
11 officers.
12 Motions and resolutions.
13 Senator Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 I believe there's a privileged
17 resolution at the desk by Senator LaValle. At
18 this time I would like it read in its entirety
19 and then I would ask you to call on
20 Senator LaValle before it's adopted.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will read.
23 THE SECRETARY: Legislative
24 Resolution Number 84, by Senator LaValle,
25 commending Suffolk Cadet Squadron 10, from the
89
1 Long Island Group of the Civil Air Patrol Color
2 Guard, upon the occasion of presenting the
3 colors at the start of the session of the
4 New York State Senate.
5 "WHEREAS, It is the sense of this
6 Legislative Body to recognize that the quality
7 and character of life in the communities across
8 New York State are reflective of the concerned
9 and dedicated efforts of those organizations and
10 individuals who are devoted to the welfare of
11 the community and its citizenry; and
12 "WHEREAS, Attendant to such
13 concern, and in full accord with its
14 long-standing traditions, this Legislative Body
15 is justly proud to commend the Cadet Squadron
16 from the Long Island Group of the Civil Air
17 Patrol Color Guard upon the occasion of
18 presenting the colors at the start of the
19 session of the New York State Senate, to be held
20 at the New York State Capitol in Albany,
21 New York; and
22 "WHEREAS, The Civil Air Patrol
23 enjoys a proud legacy of selfless sacrifice and
24 service to country and community that spans
25 decades; the organization was born one week
90
1 prior to the Japanese attack on Pearl Harbor; and
2 "WHEREAS, Thousands of volunteer
3 members of the Civil Air Patrol answered
4 America's call to national service and sacrifice
5 by accepting and performing critical wartime
6 missions; and
7 "WHEREAS, On July 1, 1946, President
8 Harry S. Truman signed Public Law 476
9 incorporating the Civil Air Patrol as a
10 benevolent, nonprofit organization; on May 26,
11 1948, Congress passed Public Law 557 permanently
12 establishing the Civil Air Patrol as the
13 auxiliary of the new United States Air Force; and
14 "WHEREAS, Three primary mission
15 areas were set forth at the inception of the
16 Civil Air Patrol: aerospace education, cadet
17 programs, and emergency services; and
18 "WHEREAS, Today, the Civil Air
19 Patrol handles 90 percent of inland search and
20 rescue missions, with approximately 75 lives
21 saved each year; its members are generally the
22 first on the scene transmitting satellite digital
23 images of the damage within seconds around the
24 world and providing disaster relief and emergency
25 services following natural and manmade disasters,
91
1 including such phenomena as 9/11, Hurricane
2 Katrina, Texas and Oklahoma wildfires, tornadoes
3 in the south and central United States,
4 North Dakota flash flooding and the October 2006
5 earthquake in Hawaii, as well as humanitarian
6 missions along the United States and Mexican
7 border; and
8 "WHEREAS, In response to the
9 devastating effects of Hurricane Sandy, the
10 Civil Air Patrol's New York Wing promptly reacted
11 by flying 373 damage assessment sorties and
12 providing 143,360 aerial photographs to New York
13 disaster relief organizations, FEMA and the Army
14 Corps of Engineers; providing air transportation
15 throughout the affected region for disaster
16 response teams; deploying 30 volunteers to assist
17 with shelter operations conducted by the New York
18 City Office of Emergency Management; and
19 installing 40 volunteers to assist the Red Cross
20 with the logistics of relief supplies; and
21 "WHEREAS, In addition, Civil Air
22 Patrol members are dedicated to counterdrug
23 reconnaissance and to teaching a new generation
24 about aerospace and its impact on our future; its
25 cadet programs ensure our youth receive the
92
1 finest leadership training the nation has to
2 offer; and
3 "WHEREAS, The members of the
4 Cadet Squadron from the Long Island Group of the
5 Civil Air Patrol Color Guard include: Cadet
6 Second Lieutenant Derek Profit, Cadet Senior
7 Master Sergeant Alison Shumway, Cadet Staff
8 Sergeant James Megna, Cadet Senior Airman Joseph
9 Toner, Cadet Senior Master Sergeant Erik Rios,
10 First Lieutenant David Greenberg, Captain Frank
11 Zambaras, New York Wing Staff Lieutenant Colonel
12 Patrick Magee, New York Wing Staff Lieutenant
13 Colonel Gerald Marketos, New York Wing Staff
14 Lieutenant Colonel Thomas Carello, New York Wing
15 Staff Lieutenant Colonel Benjamin Nodar, and
16 New York Wing Staff Colonel Steven Perta; and
17 "WHEREAS, The Civil Air Patrol makes
18 a huge impact each and every day, going above and
19 beyond to make a profound difference in America's
20 communities; and
21 "WHEREAS, This occasion presents a
22 unique opportunity for this Legislative Body to
23 recognize and pay tribute to the members of the
24 Cadet Squadron from the Long Island Group of the
25 Civil Air Patrol Color Guard; and
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1 "WHEREAS, It is the sense of this
2 Legislative Body that when organizations of such
3 noble aims and accomplishments are brought to our
4 attention, they should be recognized by all the
5 citizens of this great Empire State; now,
6 therefore, be it
7 "RESOLVED, That this Legislative
8 Body pause in its deliberations to commend the
9 Cadet Squadron from the Long Island Group of the
10 Civil Air Patrol Color Guard and its members upon
11 the occasion of presenting the colors at the
12 start of the session of the New York State
13 Senate; and be it further
14 "RESOLVED, That copies of this
15 resolution, suitably engrossed, be transmitted
16 to Colonel Jack Ozer, New York Wing, Civil Air
17 Patrol, and the aforementioned members of the
18 Cadet Squadron from the Long Island Group of the
19 Civil Air Patrol Color Guard."
20 ACTING PRESIDENT GRIFFO: Senator
21 LaValle.
22 SENATOR LaVALLE: Thank you,
23 Mr. President.
24 I would like to personally thank the
25 Suffolk Cadet Squadron 10 Group for coming to
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1 Albany and presenting the colors and starting our
2 session off today. To come up from Long Island,
3 it's a long trip during the winter with not the
4 greatest of weather.
5 But we want to thank you for your
6 commitment to continue to protect our country and
7 our communities. Those of us who live
8 particularly on Long Island, where we're
9 surrounded by water and there are all sorts of
10 events that go on, you do a great job in saving
11 lives and protecting our community.
12 It also gives us an opportunity, as
13 members of the Legislature, to learn about a
14 program, the Civil Air Patrol program, that many
15 young people in other parts of the state, across
16 the state, can participate in.
17 And again, thank you for your
18 year-long participation, and thank you for coming
19 to Albany to present the colors to start our
20 session.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator LaValle.
23 Senator Flanagan.
24 SENATOR FLANAGAN: Thank you,
25 Mr. President.
95
1 I just want to join Senator LaValle
2 and add my voice of welcome to the Civil Air
3 Patrol.
4 And Ken is of course proud that they
5 hail from his district, but I do have three
6 constituents here today that I wouldn't mind
7 singling out -- First Lieutenant David Greenberg,
8 Cadet Senior Airman Joseph Toner, and Cadet Staff
9 Sergeant James Megna -- and just say thank you
10 for the work that they do. Our communities
11 thrive and survive and prosper because of good
12 people like this.
13 But, Senator LaValle, I'm going to
14 say to the colonel we can invite them back
15 sometime in the late spring when it's a lot more
16 pleasant weather, even though they'll come here
17 under any circumstances.
18 So thank you very much.
19 ACTING PRESIDENT GRIFFO: Senator
20 Seward.
21 SENATOR SEWARD: Thank you,
22 Mr. President.
23 I too want to stand to honor our
24 Civil Air Patrol who's with us here today, and
25 particularly the cadets who did such a wonderful
96
1 job in presenting the colors today.
2 You know, we mainly think of the
3 Civil Air Patrol providing tremendous service to
4 the people of the State of New York, particularly
5 in emergency situations, whether that be forest
6 fire protection, disaster relief service,
7 communications, and of course aircraft emergency
8 assistance.
9 But in addition to all of these very
10 important functions, the Civil Air Patrol
11 conducts the cadet program, which is a wonderful
12 program for young people ages 12 through 18. Its
13 aim is to develop essential life skills and
14 instill values including teamwork, personal
15 integrity, leadership, respect,
16 self-confidence -- I mean, the list goes on in
17 terms of wonderful attributes that our cadets
18 learn about through this program.
19 We are very honored to have them
20 here today to open our session, which they have
21 done for a number of years.
22 You know, I'm very sorry that one of
23 my constituents, Lieutenant Colonel Andrew
24 Little, who has been involved in government
25 relations for the New York Wing of the Civil Air
97
1 Patrol for a number of years, he's unable to be
2 here with us today for health reasons. But he
3 helped to start this tradition by bringing the
4 cadets to the State Senate this first week of our
5 session every year.
6 And I know that he's very sorry to
7 have to miss today's presentation of the colors.
8 I know that he is very, very proud of the cadet
9 program and this particular tradition, certainly.
10 This is exactly what he envisioned,
11 Lieutenant Colonel Andy Little, when he first
12 came to me with the idea of having the
13 Civil Air Patrol cadets present the colors on
14 the floor of the Senate.
15 So I join in offering my heartfelt
16 congratulations to all of the achievements of our
17 cadets program, and I particularly want to say
18 thank you to all those involved with the
19 Civil Air Patrol in New York State for the
20 tremendous service that you provide the people of
21 our state.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Seward.
25 Senator LaValle.
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1 SENATOR LaVALLE: I forgot to
2 mention -- Senator Flanagan had mentioned two of
3 his constituents, and I just wanted to mention
4 Erik Rios and Patrick Magee, who are from the
5 1st Senatorial District.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Thank
8 you, Senator LaValle.
9 Senator Little.
10 SENATOR LITTLE: Thank you,
11 Mr. President.
12 I'd like to join my colleagues in
13 gratitude for having the Civil Air Patrol cadets
14 here, as well as their leaders. And in addition
15 to all the things that they have mentioned that
16 young people get through the Civil Air Patrol
17 group, I believe they get an exposure to military
18 life and an understanding of the opportunities
19 that could lay ahead for them in the military.
20 My two sons joined the Navy based
21 upon, I believe, a great deal from their
22 experience in the Junior Navy ROTC programs. And
23 there aren't as many as Junior ROTC programs
24 anymore.
25 So thank you for what you're doing
99
1 in the Civil Air Patrol and helping our young
2 people look at a future that would be beneficial
3 to them but certainly would be beneficial to all
4 of us.
5 Thank you.
6 ACTING PRESIDENT GRIFFO: Thank
7 you, Senator Little.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Yes. I would
10 be remiss if I didn't mention the Central
11 New York representative here, Lieutenant Colonel
12 Thomas Carello.
13 I've been to some of their
14 activities in Central New York, and all the
15 things that Senator Seward said and
16 Senator Little said about the good things that
17 come out of the Civil Air Patrol, I can attest to
18 that. They do a wonderful job in Central
19 New York.
20 And God knows do we need some
21 activities such as the Civil Air Patrol to point
22 our youth in the correct direction. There's many
23 things going the opposite way. And this is
24 really a breath of fresh air for every community.
25 And any time young people can get involved in
100
1 productive things, in constructive things, the
2 better off we all are.
3 So thank you, Tom, and thank all of
4 you who are here.
5 ACTING PRESIDENT GRIFFO: Senator
6 Ortt.
7 SENATOR ORTT: Thank you,
8 Mr. President.
9 I'd like to join several of my
10 colleagues and welcome my friends from the Civil
11 Air Patrol Color Guard to the New York State
12 Senate chambers.
13 As the Senator who represents the
14 Niagara Falls Air Reserve Station, and as a
15 veteran, I'd like to thank you for the services
16 that you provide to our great state, including
17 emergency services, education, leadership and
18 mentoring.
19 Thank you, Mr. President.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Ortt.
22 Is there any other Senator that
23 wishes to be heard on the resolution?
24 (No response.)
25 ACTING PRESIDENT GRIFFO: All in
101
1 favor of the resolution as presented signify by
2 saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT GRIFFO: Opposed?
5 (No response.)
6 ACTING PRESIDENT GRIFFO: The
7 resolution is adopted.
8 We want to congratulate and welcome
9 the Civil Air Patrol and officers who are with us
10 today. And let's give them a round of applause,
11 and then we're going to retire the colors.
12 (Standing ovation.)
13 ACTING PRESIDENT GRIFFO: I would
14 ask all members to continue to remain standing as
15 we retire the colors.
16 (Whereupon, the Color Guard
17 retrieved the colors from either side of the dais
18 and exited the chamber.)
19 ACTING PRESIDENT GRIFFO: Thank
20 you.
21 Senator Libous, we'll return to
22 motions and resolutions.
23 SENATOR LIBOUS: Yes,
24 Mr. President. As long as we're on motions, I
25 believe Senator Gianaris has a couple of motions
102
1 before the house.
2 ACTING PRESIDENT GRIFFO: Senator
3 Gianaris.
4 SENATOR GIANARIS: Thank you,
5 Mr. President.
6 On behalf of Senator Díaz, I move
7 the following bill be discharged from its
8 respective committee and be recommitted with
9 instructions to strike the enacting clause:
10 Senate Bill 134.
11 ACTING PRESIDENT GRIFFO: So
12 ordered.
13 SENATOR GIANARIS: And on behalf of
14 Senator Kennedy, I move that the following bill
15 be discharged from its respective committee and
16 be recommitted with instructions to strike the
17 enacting clause: Senate Bill 755.
18 ACTING PRESIDENT GRIFFO: So
19 ordered.
20 Senator Libous.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 On behalf of Senator Golden, I move
24 that the following bill be discharged from its
25 respective committee and be recommitted with
103
1 instructions to strike the enacting clause. And
2 that would be Senate Print 1072, sir.
3 ACTING PRESIDENT GRIFFO: It is so
4 ordered.
5 SENATOR LIBOUS: Mr. President, at
6 this time I hand up the following Republican
7 Conference committee assignments and ask that
8 such assignments be filed in the Journal.
9 ACTING PRESIDENT GRIFFO: So
10 received.
11 SENATOR LIBOUS: Mr. President, in
12 consultation with Senator Klein, Senator Skelos
13 hands up the following committee assignments for
14 the IDC.
15 ACTING PRESIDENT GRIFFO:
16 Assignments received.
17 SENATOR LIBOUS: Mr. President, in
18 consultation with Senator Stewart-Cousins,
19 Senator Skelos hands up the following committee
20 assignments for the Senate Democrats.
21 ACTING PRESIDENT GRIFFO: The
22 assignments are received.
23 All the committee assignments are
24 before the desk and so ordered to be filed.
25 SENATOR LIBOUS: Mr. President.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Libous.
3 SENATOR LIBOUS: At this time I
4 would call an immediate meeting of the
5 Rules Committee in Room 332. That would be an
6 immediate meeting of the Rules Committee in
7 Room 332.
8 And, sir, I would ask that you have
9 the Senate stand at ease.
10 ACTING PRESIDENT GRIFFO: There
11 will be an immediate meeting of the
12 Rules Committee in Room 332. Until such time,
13 the Senate will stand at ease.
14 (Whereupon, the Senate stood at ease
15 at 3:27 p.m.)
16 (Whereupon, the Senate reconvened at
17 3:44 p.m.)
18 ACTING PRESIDENT GRIFFO: The
19 Senate will come to order.
20 Senator Libous.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 Mr. President, could we please
24 return to reports of standing committees.
25 I believe there is a report of the
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1 Rules Committee at the desk.
2 ACTING PRESIDENT GRIFFO: There is
3 a report of the Rules Committee before the desk,
4 and the Secretary will read.
5 THE SECRETARY: Senator Skelos,
6 from the Committee on Rules, reports the
7 following bills:
8 Senate Print 1, by Senator Savino,
9 an act to amend the Labor Law;
10 Senate 2, by Senator Valesky, an act
11 to amend the Executive Law;
12 Senate 3, by Senator Little, an act
13 to amend the Executive Law;
14 Senate 4, by Senator Little, an act
15 to amend the Executive Law;
16 Senate 5, by Senator Robach, an act
17 to amend the Real Property Law;
18 Senate 6, by Senator Young, an act
19 to amend the Family Court Act;
20 Senate 7, by Senator Lanza, an act
21 to amend the Penal Law;
22 Senate 8, by Senator Hannon, an act
23 to amend the Executive Law;
24 Senate 1312, by Senator Seward, an
25 act to amend the Insurance Law;
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1 Senate 1313, by Senator Marcellino,
2 an act to amend the Education Law;
3 Senate 1314, by Senator Marcellino,
4 an act to amend the Executive Law;
5 Senate 1315, by Senator Parker, an
6 act to amend the Correction Law;
7 Senate 1316, by Senator Marchione,
8 an act to amend the Education Law;
9 Senate 1317, by Senator Lanza, an
10 act to amend the General Business Law;
11 Senate 1318, by Senator Little, an
12 act to amend the Education Law;
13 And Senate 1319, by Senator Savino,
14 an act to amend the Labor Law.
15 All bills reported direct to third
16 reading.
17 ACTING PRESIDENT GRIFFO: Senator
18 Libous.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 At this time I move to accept the
22 report of the Rules Committee.
23 ACTING PRESIDENT GRIFFO: All in
24 favor of accepting the report of the
25 Rules Committee signify by saying aye.
107
1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO: Opposed?
3 (No response.)
4 ACTING PRESIDENT GRIFFO: The
5 report of the Rules Committee is accepted and
6 before the house.
7 Senator Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 I believe now we can go to the
11 reading of noncontroversial Calendar Number 1.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will begin reading noncontroversial
14 Calendar Number 1.
15 THE SECRETARY: Calendar Number 1,
16 by Senator Savino, Senate Print 1, an act to
17 amend the Labor Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the 90th day.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT GRIFFO: Senator
108
1 Krueger to explain her vote.
2 SENATOR KRUEGER: Thank you,
3 Mr. President.
4 My understanding is that the eight
5 bills we are voting on now in a row are eight
6 bills that have passed unanimously in this house
7 in previous years. And I will be voting yes on
8 each of them.
9 But I want to highlight just for the
10 record the one bill that should be included here
11 and is not, and that is a bill to modernize and
12 assure that the statute of New York State
13 relating to reproductive health and women's
14 rights to independent decisions about
15 reproductive health, that bill has not been
16 introduced or brought to the floor of the Senate
17 today.
18 In past years, it was S5881, by
19 Senator Savino. Before that, it was by
20 Senator Andrea Stewart-Cousins, protection of
21 reproductive rights.
22 Despite the continued urgings and
23 pleas of the women and men of New York State that
24 we need to update our over-40-year-old incorrect
25 legislation, the fact that we are actually not in
109
1 compliance with federal statute and the
2 Supreme Court decision in Roe v. Wade, we
3 continue, apparently, to refuse to bring to the
4 floor of the Senate this important legislation.
5 What a tragedy we're not voting for
6 reproductive health when we are voting for these
7 eight smaller bills today, Mr. President. But
8 I'll be voting yes on this.
9 Thank you.
10 ACTING PRESIDENT GRIFFO: Senator
11 Krueger to be recorded in the affirmative.
12 Senator Hoylman to explain his vote.
13 SENATOR HOYLMAN: Thank you,
14 Mr. President. Happy New Year.
15 I also rise to express my
16 disappointment. I'll be voting for the eight
17 part of this package that Governor Cuomo
18 introduced last session. But I also want to
19 express my disappointment that we do not have the
20 plank that would ensure a woman's right to
21 choose. I think the voters of New York should
22 know where their Senators stand on this very
23 crucial issue.
24 I'm also very concerned,
25 Mr. President, that this is part of an attempt to
110
1 deconstruct choice across the nation in
2 anticipation of a right-wing Supreme Court in
3 2016 and beyond. Unless we have the State of
4 New York and its Legislature as a backstop
5 protecting a woman's right to choose, we risk
6 losing those protections in every state of this
7 union.
8 So I'll be voting yes for the eight
9 but am disappointed, sir, that the
10 Women's Equality Act does not include choice.
11 Thank you.
12 ACTING PRESIDENT GRIFFO: Senator
13 Hoylman to be recorded in the affirmative.
14 Senator Funke to explain his vote.
15 SENATOR FUNKE: Mr. President, I
16 rise to explain my vote.
17 I made a promise to the people of my
18 district, in a place that Susan B. Anthony called
19 her home, that I would do everything in my power
20 to make our state a more equitable place for
21 everybody. And today, with the help of my
22 colleagues on both sides of the aisle in this
23 chamber, I look forward to delivering on that
24 promise.
25 This package of bills, ladies and
111
1 gentlemen, that we are voting on, which comprise
2 the Senate's Women's Equality Act, are historic,
3 and I'm proud to support them all.
4 These bills will expand workplace
5 sexual harassment protections for every employee.
6 Over 75 percent of all harassment complaints are
7 filed by women. And over 60 percent of
8 workplaces in New York have fewer than four
9 employees. Before, those small workforces didn't
10 face state prohibitions on sexual harassment.
11 Under this legislation, they will.
12 They include restrictions to end
13 discrimination against women in areas that impact
14 quality of life, like employment, credit and
15 housing. Whether you're a mother, pregnant, a
16 past or current victim of domestic violence, you
17 deserve the same rights and protections enjoyed
18 by all New Yorkers. And under this legislation,
19 you will.
20 They will protect women from
21 discrimination by making it easier for victims to
22 recover attorney's fees when they fight and win a
23 legal battle. No woman should have to pay
24 out-of-pocket to right the wrongs committed
25 against her. Under this legislation, she won't.
112
1 They strengthen laws against the
2 growing challenge of human trafficking and,
3 perhaps most significantly, make equal pay for
4 equal work a reality in New York State.
5 Years ago I was the first TV sports
6 director in Rochester to start covering girl's
7 high school sports. And what was true then is
8 true today: If the competition is the same, it
9 deserves the same coverage. If the work is the
10 same, it deserves the same pay.
11 On average, women in this state earn
12 84 cents on the dollar compared with their male
13 counterparts. That's wrong. And tonight, with
14 this bill, we will ensure that equal pay for
15 equal work will become a reality in New York
16 State.
17 Mr. President, I am proud that this
18 bill ensures that's the case. I will be
19 supporting it in the package of bills in the
20 Women's Equality Act because it's time to make
21 our state work better for all women.
22 Mr. President, I vote aye, and I ask
23 that my colleagues join me in supporting this
24 important legislation.
25 Thank you.
113
1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator Funke.
3 Senator Funke to be recorded in the
4 affirmative.
5 Senator Kennedy to explain his vote.
6 SENATOR KENNEDY: Thank you,
7 Mr. President.
8 These protections we're passing
9 today are long overdue. We're passing several
10 important measures to protect women in New York
11 State and set a precedent for the entire nation
12 to follow, from putting an end to sexual
13 harassment to ending discrimination against
14 pregnant workers and requiring employers to
15 provide reasonable assistance when needed.
16 Today we're ensuring that victims of
17 domestic violence are not discriminated against
18 by building owners or leasing agents because of
19 abuse, and we're ending wage discrimination and
20 ensuring a level footing and equal pay for equal
21 work.
22 Women in New York State earn roughly
23 84 percent of what men earn. For minority women,
24 the gap is even larger. Nationwide,
25 African-American women earn 79 percent and
114
1 Hispanic women 64 percent of what men earn.
2 Single mothers endure especially inequitable
3 conditions: 42 percent of single-mother families
4 live below the poverty line, and 22 percent
5 suffer extreme poverty.
6 This is a divide that must be
7 closed. By ensuring fair and equal pay for
8 women, we help lift entire families and boost
9 economic mobility within this state.
10 In a nation and state built upon a
11 foundation of fairness and equality, it's hard to
12 understand why people still endure wage
13 discrimination based upon gender. It must end.
14 We need to make New York State a national leader,
15 improve protections for women in the workforce,
16 and help stimulate economic growth across our
17 state.
18 With this bill, New York State will
19 help lead the way for the rest of the nation
20 while also addressing long-standing challenges
21 facing our state. We fought to ensure equal pay
22 for equal work, and I'm proud to support this
23 bill.
24 Thank you, Mr. President. I vote
25 aye.
115
1 ACTING PRESIDENT GRIFFO: Senator
2 Kennedy to be recorded in the affirmative.
3 Is there any other Senator who
4 wishes to explain his vote?
5 Senator Bonacic.
6 SENATOR BONACIC: Thank you,
7 Mr. President.
8 I think all of the previous speakers
9 have spoke eloquently in support of this bill and
10 the bills to follow. The question I have, and
11 it's a rhetorical question: Why is not every
12 Senator in this chamber yelling, demanding of
13 Sheldon Silver and the Assembly to pass these
14 eight bills? And how can anyone that is in the
15 leadership of Sheldon Silver, and Sheldon Silver
16 himself, say he's for women's rights and not pass
17 these eight bills? That's the rhetorical
18 question.
19 I vote yes. Thank you,
20 Mr. President.
21 ACTING PRESIDENT GRIFFO: Senator
22 Bonacic to be recorded in the affirmative.
23 Is there any other Senator who
24 wishes to explain his vote?
25 Senator Panepinto.
116
1 SENATOR PANEPINTO: Yes, I'm going
2 to vote yes on the eight provisions. I have
3 three daughters. I campaigned on these issues.
4 I'm proud that we're passing the equal pay
5 portion.
6 But I'm disappointed, I'm
7 disappointed we're not passing the tenth portion,
8 which would have been the plank on abortion. And
9 I hope that at some point in the future this body
10 takes it up.
11 But I'll be voting yes.
12 ACTING PRESIDENT GRIFFO: Senator
13 Panepinto to be recorded in the affirmative.
14 Any other Senator that wishes to be
15 heard on this?
16 Senator DeFrancisco to explain his
17 vote.
18 SENATOR DeFRANCISCO: I'm not going
19 to ask a rhetorical question. I'm just going to
20 say it like I've done the last two years when
21 we've passed these bills, all eight bills that
22 we're passing today.
23 There's no doubt that some people
24 have been victimized in human sex trafficking in
25 the State of New York over these last two and a
117
1 half years. If we had passed these eight bills
2 in each house and the Governor signed it, there
3 would be stiffer penalties and there'd be more
4 protections for these people.
5 How could you possibly -- no, I'd
6 better not ask a question. If we passed this
7 three years ago, equal pay would be a reality, an
8 equitable pay bill would be a reality. If you
9 look at each one of these -- combating sexual
10 harassment in the workplace.
11 So we can all vote for these bills
12 and say when we go back home we did it. But if
13 everyone in this chamber doesn't put the heat on
14 the Assembly and if those so-called women's
15 groups out there that are still demanding all or
16 nothing don't understand the importance to women
17 of getting these eight bills done and they
18 continue to say "all or nothing," then they're
19 not really women's advancement organizations.
20 They're phony. They're fraudulent.
21 That other battle can be fought, but
22 not holding these bills hostage a day longer.
23 The Senate is sending a message, and
24 Senator Skelos is sending a message. This is the
25 most important batch of bills that we have to do
118
1 today for the whole session. Let's do them.
2 Now, the Assembly can sit till the
3 last day of the session and maybe pass them.
4 That's not good enough. That's another six
5 months of these bills not being law. So let's go
6 to our Assembly representatives and explain what
7 the facts of life are and what they really should
8 be doing if they want to advance women is to pass
9 all of these bills now. Now. So we don't have
10 to have this same discussion another year.
11 Two minutes is up, I think. I was
12 watching that very carefully.
13 I vote aye.
14 ACTING PRESIDENT GRIFFO: Senator
15 DeFrancisco to be recorded in the affirmative.
16 I do want to remind the members of
17 the two-minute rule.
18 Senator Stavisky to explain her
19 vote.
20 SENATOR STAVISKY: Thank you,
21 Mr. President.
22 I wasn't going to speak on this
23 legislation, but I must disagree with my
24 colleague from Syracuse. This is not a women's
25 issue. This is a people issue. Because men have
119
1 mothers, they have sisters, they have daughters.
2 This is an issue that affects everybody.
3 I vote aye.
4 ACTING PRESIDENT GRIFFO: Senator
5 Stavisky to be recorded in the affirmative.
6 Senator Díaz to explain his vote.
7 SENATOR DIAZ: Thank you,
8 Mr. President.
9 I would like to wish a very Happy
10 New Year to all of you.
11 And, Senator DeFrancisco, I agree
12 with you, with Senator -- the one that asked why
13 all the Senators were not here.
14 I was here last year when I proudly
15 voted yes, and I'm here today when I again am
16 proud to vote yes and to urge everyone to vote
17 yes. And let's vote for this once and for all
18 and forget about the rest. This is a big issue.
19 I'm voting, proudly voting yes. I'm
20 voting yes.
21 Thank you.
22 ACTING PRESIDENT GRIFFO: Senator
23 Díaz to be recorded in the affirmative.
24 The Secretary will announce the
25 results.
120
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number 2,
5 by Senator Valesky, Senate Print 2, an act to
6 amend the Executive Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Sanders to explain his vote.
16 SENATOR SANDERS: Thank you. It's
17 good that everybody's back. It's good that we're
18 all back.
19 It's also good that we're finally
20 getting around to the issue of women. It's
21 amazing that it has taken how many hundreds of
22 years to do what everybody in here knows should
23 have been done long ago.
24 So I'm very proud to vote yes, and I
25 just wish I had even more bills to vote yes on.
121
1 But I'm going to vote yes on all of these bills.
2 Thank you very much.
3 ACTING PRESIDENT GRIFFO: Senator
4 Sanders to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number 3,
10 by Senator Little, Senate Print 3, an act to
11 amend the Executive Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 90th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Senator
20 Little to explain her vote.
21 SENATOR LITTLE: Thank you,
22 Mr. President.
23 Thank you all for consideration of
24 voting on this today.
25 This is a bill that would certainly
122
1 help women who feel they are being discriminated
2 against, whether it is based upon a sexual
3 harassment issue or a credit discrimination.
4 Currently you can be awarded
5 attorney's fees if you have a case that is
6 housing and housing related to credit. However,
7 in these other two instances you cannot be
8 awarded attorneys's fees. This is a deterrent to
9 women who really feel that they have a case, and
10 yet if they don't have the money for a retainer
11 fee or they are not able to get an attorney or
12 they're -- they're just put off by actually going
13 to court for this issue. And this would help
14 them.
15 Also, if they have an attorney on a
16 contingency fee, unless they're awarded those
17 attorney fees, that attorney fee comes out of
18 that award that they may get.
19 So this is a real step forward for
20 women in New York State, and I'm proud to support
21 this bill. And I vote aye.
22 ACTING PRESIDENT GRIFFO: Senator
23 Little to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
123
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number 4,
4 by Senator Little, Senate Print 4, an act to
5 amend the Executive Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect on the 90th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT GRIFFO: Senator
14 Little to explain her vote.
15 SENATOR LITTLE: Thank you,
16 Mr. President.
17 This is an another great bill that
18 will help our working women in New York State.
19 This says that you cannot discriminate against a
20 woman who is equally eligible for a position.
21 So you're an employer and you have a
22 male and a woman who both, you know, have all the
23 eligibility for this position that they're
24 applying for, and yet the woman has two or three
25 children at home. And in the back of your mind
124
1 you're thinking, well, the kids will probably be
2 sick, she will take more time off, she'll have
3 more responsibilities, and you hire the man.
4 This will no longer be allowed,
5 because there cannot be discrimination just based
6 upon the fact that you have a family at home.
7 Many of these women who are applying for jobs and
8 need a job -- and they need it just as much as
9 the male does -- could be single. And we know
10 that 70 percent of the children who are living in
11 a home with a single mother are living in
12 poverty.
13 So thank you very much for having
14 this bill on the floor, and I vote aye and then
15 hope that everyone else will as well.
16 ACTING PRESIDENT GRIFFO: Senator
17 Little to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number 5,
23 by Senator Robach, Senate Print 5, an act to
24 amend the Real Property Law.
25 ACTING PRESIDENT GRIFFO: Read the
125
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT GRIFFO: Senator
8 Krueger to explain her vote.
9 SENATOR KRUEGER: Thank you,
10 Mr. President.
11 I appreciated Senator Little's
12 explanation about her earlier bill and the
13 importance of anti-discrimination statutes,
14 particularly protecting low-income women and
15 their children.
16 I wish that the correct version of
17 this bill was on the floor today. Because when
18 we take a look at this prohibit discrimination in
19 housing based on domestic violence status, we see
20 if you can prove domestic violence was the basis
21 for your landlord discriminating against you or
22 refusing to rent to you, perhaps you have a
23 private right to get into a courtroom but the
24 fines are $1,000 or $2,000 and it will cost you
25 more than that for a lawyer. And so it doesn't
126
1 go nearly far enough.
2 And what I think is particularly
3 important to understand is it has a section that
4 says we'll have a task force that studies all the
5 other critical issues that in fact cause housing
6 discrimination disproportionately against poor
7 women, single women with children. So it says
8 study those. But the bill doesn't do anything to
9 address the much larger problems of housing
10 discrimination for women.
11 So I've already gone on record as
12 saying that I will vote for this bill, but I
13 wanted to emphasize for the record there were
14 much stronger versions of this bill and they are
15 not coming up before us on this floor.
16 And I certainly don't define that we
17 have completed the mission of protecting women
18 from housing discrimination by passing this bill.
19 We need more legislation that goes as far as we
20 see in real life. Real-life people need those
21 protections.
22 Yes, with a large exclamation point,
23 we have to go farther, Mr. President. Thank you.
24 ACTING PRESIDENT GRIFFO: Senator
25 Krueger to be recorded in the affirmative.
127
1 Senator Robach to explain his vote.
2 SENATOR ROBACH: Yes,
3 Mr. President. Very happy to not only vote yes
4 for this bill, sponsor it. We worked with
5 advocates not only in the Rochester area but
6 across the state to get this package included and
7 passed.
8 And as many people have said, in
9 domestic violence, which I think is a little bit
10 different and certainly has its own dynamic,
11 oftentimes the way a perpetrator will try to
12 manipulate is by controlling finances or living
13 opportunities.
14 And this certainly puts increased
15 penalties into place and, even more clearly,
16 sends a message, like many others that we have
17 passed in this Legislature, that no longer are we
18 going to tolerate any kind of domestic violence
19 or any kind of discrimination against people
20 trying to get out of that situation, either
21 individually and with their family.
22 So I believe this is a very good
23 bill and I appreciate all the support of my
24 colleagues on both sides of the aisle.
25 Thank you, Mr. President.
128
1 ACTING PRESIDENT GRIFFO: Senator
2 Robach to be recorded in the affirmative.
3 Senator Squadron to explain his
4 vote.
5 SENATOR SQUADRON: Thank you very
6 much.
7 And I commend Senator Robach,
8 especially on the portion of this bill that does
9 deal with domestic violence.
10 When it comes to source-of-income
11 discrimination, we actually don't need another
12 study in this state. We have a law in New York
13 City, in Nassau County, elsewhere in the state
14 that prohibits housing discrimination based on
15 source of income. And we actually had a bill
16 pass with bipartisan support through both houses
17 in 2010 that was wrongly vetoed by the former
18 governor.
19 And so the fact that there's only a
20 study as opposed to a true prohibition on
21 source-of-income discrimination in this bill is
22 disappointing. Because the truth is we don't
23 need a study on that portion of it.
24 As I said, the domestic violence
25 portion is positive. Certainly the study shows
129
1 the sponsor's support of this concept, and I
2 appreciate that, and I'll be voting in the
3 affirmative.
4 Thank you, Mr. President.
5 ACTING PRESIDENT GRIFFO: Senator
6 Squadron to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number 6,
12 by Senator Young, Senate Print 6, an act to amend
13 the Family Court Act.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect April 1, 2016.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Senator
22 Young to explain her vote.
23 SENATOR YOUNG: Thank you,
24 Mr. President.
25 I'd like to commend and thank every
130
1 member of this chamber for voting in favor of
2 these eight critically important pieces of
3 legislation.
4 It truly has been a tragedy that
5 these eight bills have been hung up in the
6 Assembly because politicians have been playing
7 political games instead of doing what's right for
8 the people of New York State. And I would urge
9 my colleagues in the Assembly to pass these bills
10 this coming week so that we can get these
11 critically important pieces of litigation finally
12 signed into law.
13 This is a good bill. It has to do
14 with domestic violence victims. Because every
15 9 seconds in the United States, a woman is
16 assaulted or beaten. Domestic violence
17 transcends all boundaries and can affect anyone.
18 According to domesticviolencestatistics.org,
19 around the world at least one in every three
20 women has been beaten, coerced into sex or
21 otherwise abused during her lifetime. Ninety-two
22 percent of the women surveyed listed reducing
23 domestic violence and sexual assault as their top
24 concern.
25 Women face too many obstacles in
131
1 securing protection from their abusers. These
2 women need our help in getting access to the
3 tools they need in order to keep their families
4 safe. We as a Legislature owe a duty to these
5 victims and survivors to do everything that we
6 can to help them escape the cycle of abuse that
7 they have endured.
8 Orders of protection are a great
9 tool in deterring abusers from continuing abuse.
10 Some victims of domestic violence require
11 immediate temporary orders of protection but have
12 no means of getting to the appropriate
13 Family Court. We see this across the state,
14 whether in an urban environment or a rural
15 environment.
16 To protect victims of domestic
17 violence and ensure that they are able to secure
18 much-needed orders of protection, this bill would
19 allow the Office of Court Administration to
20 develop a pilot program to allow victims to
21 petition for temporary orders of protection
22 remotely.
23 So again, I want to thank the
24 members for supporting this. People's lives
25 depend on this legislation and all of the
132
1 different initiatives that are included in the
2 Women's Equality Agenda in these eight bills. I
3 vote aye.
4 ACTING PRESIDENT GRIFFO: Senator
5 Young to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number 7,
11 by Senator Lanza, Senate Print 7, an act to amend
12 the Penal Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 46. This
16 act shall take effect on the 90th day.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number 8,
24 by Senator Hannon, Senate Print 8, an act to
25 amend the Executive Law.
133
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the 90th day.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Hannon to explain his vote.
10 SENATOR HANNON: Thank you,
11 Mr. President.
12 I just wanted to report the progress
13 on this issue. And while this issue is being
14 held hostage for other planks, we have taken this
15 issue to the Supreme Court of the United States,
16 participated in an amicus brief to the court when
17 this issue was argued in the beginning of
18 December of this year. We've also seen the City
19 of New York adopt similar provisions effective
20 during the course of 2014.
21 So it really is an outrage that
22 people have tended to agree unanimously the
23 merits of this proposal, and yet we're still
24 having this held hostage. This will be the third
25 year we will pass it. And frankly, to
134
1 discriminate against women who are trying to work
2 while pregnant and not given reasonable
3 accommodations by their employer is really an
4 outrage.
5 So I vote yes and urge my colleagues
6 to do so.
7 ACTING PRESIDENT GRIFFO: Senator
8 Hannon to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number 9,
14 by Senator Seward, Senate Print 1312, an act to
15 amend the Insurance Law.
16 ACTING PRESIDENT GRIFFO: Senator
17 Libous.
18 SENATOR LIBOUS: Mr. President, I
19 would like to lay aside Calendar Number 9, 10,
20 11, 12, 13, 14 and 15 for the day.
21 ACTING PRESIDENT GRIFFO: Calendar
22 Numbers 9, 10, 11, 12, 13, 14 and 15 will be laid
23 aside for the day.
24 SENATOR LIBOUS: Thank you,
25 Mr. President.
135
1 ACTING PRESIDENT GRIFFO: The
2 Secretary will continue.
3 THE SECRETARY: Calendar Number 16,
4 by Senator Savino, Senate Print 1319, an act to
5 amend the Labor Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 9. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT GRIFFO: Senator
14 Dilan to explain his vote.
15 SENATOR DILAN: Mr. President, I
16 rise to note that this chapter amendment is a
17 step backwards which I believe weakens the
18 worker's protections, and for these reasons I will
19 be voting no.
20 ACTING PRESIDENT GRIFFO: Senator
21 Dilan to be recorded in the negative.
22 Senator DeFrancisco to explain his
23 vote.
24 SENATOR DeFRANCISCO: Yes, I think
25 this is a great, great amendment to a
136
1 questionable bill that was passed back in
2 2009-2010.
3 If this wasn't passed, basically
4 every company throughout the state would have to
5 write a letter -- and as they have been, at great
6 expense to every employer -- to every employee
7 every year to tell them what they're making.
8 Now, I know there's some regions of
9 the state where there's some employers that
10 aren't too great and aren't too honest. But
11 there's got to be a better way to make sure they
12 are honest than requiring every employer, in
13 addition to the pay stub which says it, to send a
14 letter to everyone notifying them what they're
15 paid.
16 If there's a problem in the city and
17 there's some bad actors that should be punished
18 in some way, maybe there's a remedy we can form,
19 but not this one. This is -- I've been trying to
20 get this done since the day after the bill was
21 passed. And I vote -- I urge a yes vote. That's
22 what I'm voting.
23 ACTING PRESIDENT GRIFFO: Senator
24 DeFrancisco to be recorded in the affirmative.
25 Senator Krueger to explain her vote.
137
1 SENATOR KRUEGER: Thank you,
2 Mr. President.
3 Well, I appreciate my colleague's
4 analysis. Perhaps if that was the only thing
5 this chapter amendment did, I could be
6 comfortable with that.
7 But this chapter amendment also says
8 if the Department of Labor finds that you have
9 had your wages stolen by your employer, they can
10 only look back three years. But under current
11 law, they can look back six years. So it's
12 basically giving employers, who are already
13 caught stealing your wages for three years,
14 another three for free. And I don't think that's
15 justice or fair to those workers who were
16 underpaid for up to a six-year period.
17 I was perfectly happy with that time
18 frame when the bill was passed, and I don't think
19 it's right to reverse ourselves now and tell
20 workers, Well, we know that you might have been
21 cheated out of your wages for up to six years,
22 but from now on we're only going to look back
23 three, too bad on the rest.
24 I think that's wrong. I'll be
25 voting no, Mr. President.
138
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger to be recorded in the negative.
3 Is there any other Senator --
4 Senator Savino to explain her vote.
5 SENATOR SAVINO: Thank you,
6 Mr. President.
7 ACTING PRESIDENT GRIFFO: Had to go
8 last.
9 (Laughter.)
10 SENATOR SAVINO: Thank you,
11 Mr. President.
12 As the sponsor of, first, the bill
13 that was passed in 2010, the Wage Theft
14 Prevention Act -- which, in spite of the fact
15 that Senator DeFrancisco has never been a fan of
16 the Wage Theft Prevention Act, it is the most
17 comprehensive wage theft bill in the nation. In
18 fact, it caught a very famous Congressman in its
19 sights about a year ago.
20 This bill that's before us today is
21 a result of a chapter amendment based upon the
22 amendment to the Wage Theft Prevention Act that
23 we all passed, I believe unanimously, at the end
24 of last session. But after that bill was passed,
25 the administration and the Department of Labor
139
1 took a look at it and said, We think there's a
2 couple of more tweaks that need to be made and
3 preserve the integrity of the bill.
4 And so they put forward a chapter
5 amendment, and that chapter amendment is here
6 before us. And what it does, it takes one
7 section of the law and moves it into a new
8 section of labor law but preserves what the law
9 was doing.
10 With respect to the question about
11 how far back the Department of Labor can look
12 back, there is a misunderstanding, from what I'm
13 hearing from some of my colleagues. Nowhere does
14 DOL say that a worker is not entitled to seek
15 lost wages back six years. In fact, the
16 Department of Labor will assist them in that
17 process. All we did was make technical
18 corrections based upon the Department of Labor's
19 analysis of the wage theft amendment that was
20 passed unanimously here last session.
21 And as a result of that, I am very
22 proud to put forward this chapter amendment
23 continuing what is the tightest, most
24 comprehensive wage theft amendment law in the
25 country.
140
1 Thank you, Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 Savino to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 16, those recorded in the negative are
7 Senators Addabbo, Gianaris, Hassell-Thompson,
8 Krueger, Panepinto, Peralta, Perkins, Rivera,
9 Sampson, Serrano. Also Senator Montgomery.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will reannounce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 16, those recorded in the
14 negative are Senators Addabbo, Comrie, Dilan,
15 Espaillat, Gianaris, Hassell-Thompson, Krueger,
16 Montgomery, Panepinto, Peralta, Perkins, Rivera,
17 Sampson, Sanders, Serrano, Stavisky and
18 Stewart-Cousins.
19 Ayes, 45. Nays, 17.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 Senator LaValle, that completes the
23 noncontroversial reading of the calendar.
24 SENATOR LaVALLE: Thank you,
25 Mr. President.
141
1 Before we get to the end here, I
2 would like to open to the members the resolution
3 for the Civil Air Patrol Color Guard. Anyone not
4 wanting to go on that should notify the desk.
5 ACTING PRESIDENT GRIFFO: At the
6 request of Senator LaValle, the resolution that
7 honored the Civil Air Patrol will be open to all
8 members. If you choose not to be a cosponsor,
9 please notify the desk.
10 Senator LaValle.
11 SENATOR LaVALLE: Is there any
12 other business at the desk?
13 ACTING PRESIDENT GRIFFO: There is
14 no further business before the desk.
15 SENATOR LaVALLE: There being no
16 further business, I move we adjourn till Tuesday,
17 January 13th, at 11:00 a.m.
18 ACTING PRESIDENT GRIFFO: On
19 motion, the Senate stands adjourned until
20 Tuesday, January 13th, at 11:00 a.m.
21 Senate adjourned.
22 (Whereupon, at 4:19 p.m., the Senate
23 adjourned.)
24
25