Regular Session - March 12, 2018
960
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 12, 2018
11 3:03 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
961
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 all present to please rise and
5 join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask everyone present to
11 please bow their heads in a moment of silent
12 prayer and/or reflection.
13 (Whereupon, the assemblage respected
14 a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate, Sunday,
18 March 11th, the Senate met pursuant to
19 adjournment. The Journal of Saturday,
20 March 10th, was read and approved. On motion,
21 Senate adjourned.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, the Journal will stand approved as
24 read.
25 Presentation of petitions.
962
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Yes,
10 Mr. President. On page 21, I offer the following
11 amendments to Calendar 207, Senate Print 2504, by
12 Senator Helming, and ask that said bill retain
13 its place on the Third Reading Calendar.
14 ACTING PRESIDENT GRIFFO: The
15 amendments are received, and the bill shall
16 retain its place on third reading.
17 SENATOR DeFRANCISCO: On page 24, I
18 offer the following amendments to Calendar 251,
19 Senate Print 6544, by Senator Akshar, and ask
20 that said bill retain its place on the Third
21 Reading Calendar.
22 ACTING PRESIDENT GRIFFO: The
23 amendments are also received, and the bill shall
24 retain its place on third reading.
25 SENATOR DeFRANCISCO: On page 34, I
963
1 offer the following amendments to Calendar 379,
2 Senate Print 7439, by Senator Little, and ask
3 that said bill retain its place on the Third
4 Reading Calendar.
5 ACTING PRESIDENT GRIFFO: The
6 amendments are received, and the bill shall
7 retain its place on third reading.
8 SENATOR DeFRANCISCO: I move that
9 the following bill be discharged from its
10 respective committee and be recommitted with
11 instructions to strike the enacting clause.
12 That's Senate Bill Number 5850, by Senator
13 Bonacic.
14 ACTING PRESIDENT GRIFFO: So
15 ordered.
16 SENATOR DeFRANCISCO: I wish to
17 call up Senator Little's bill, Print 2253A,
18 recalled from the Assembly, which is now at the
19 desk.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 352, by Senator Little, Senate Print 2253A, an
24 act to amend the Private Housing Finance Law.
25 SENATOR DeFRANCISCO: I now move to
964
1 reconsider the vote by which the bill was passed.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll on reconsideration.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 40.
6 SENATOR DeFRANCISCO: I now offer
7 the following amendments.
8 ACTING PRESIDENT GRIFFO: The
9 amendments are received.
10 SENATOR DeFRANCISCO: Would you
11 please recognize Senator Gianaris.
12 ACTING PRESIDENT GRIFFO: Senator
13 Gianaris.
14 SENATOR GIANARIS: Mr. President,
15 on behalf of Senator Breslin, I move the
16 following bill be discharged from its respective
17 committee and be recommitted with instructions to
18 strike the enacting clause: Senate Bill 7889.
19 ACTING PRESIDENT GRIFFO: It is so
20 ordered.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Can we take
23 up previously adopted Resolution 3104, by myself,
24 read the title only, and call on me to speak
25 briefly, please.
965
1 ACTING PRESIDENT GRIFFO: The
2 Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution Number 3104, by Senator DeFrancisco,
5 congratulating the Westhill Girls Varsity Soccer
6 Team upon the occasion of capturing the New York
7 State Public High School Athletic Association
8 Class B championship.
9 ACTING PRESIDENT GRIFFO: Senator
10 DeFrancisco.
11 SENATOR DeFRANCISCO: Yes, thank
12 you, Mr. President.
13 The Westhill Girls are here, the
14 soccer team. I think this was your fifth state
15 championship, is that correct? Fifth. That's
16 not bad. And you won it again this year, which
17 was an incredible achievement.
18 I guess the final game went 110
19 minutes and lasted almost three hours? That
20 shows you're in pretty good condition and you're
21 able to withstand that kind of pressure by -- the
22 co-champion was Rochester Aquinas High School, is
23 that basically what happened? All right, then we
24 got this correct. So when you get the
25 resolution, you will have everything correct in
966
1 it.
2 But the main thing I want to talk
3 about, and I say this every time -- so bear with
4 me, members of the Senate -- because I think it's
5 important to reiterate: You've accomplished
6 something that very few do. And when you're old
7 like me, you'll remember this championship as if
8 it happened yesterday. The only difference is
9 you will remember that you scored more points and
10 that you made more defensive stops and that your
11 championship game was even better than it
12 actually was.
13 Because with time, you'll remember
14 things are even greater. And that's always fun,
15 especially when your teammates know what the
16 truth is and they can also banter with you about
17 that championship.
18 But the most important thing is
19 learning the team leadership, learning the
20 importance of being prepared, learning the
21 importance of how you work together. And I'm
22 really proud of this team for everything they've
23 done.
24 So congratulations on your
25 championship. I hope the pizza was okay. And I
967
1 hope you saved me a piece, because I wasn't able
2 to get there. And most of all, I hope you enjoy
3 your visit here to Albany, and much success in
4 the future, both in athletics and, more
5 importantly, in academics.
6 So congratulations to the Westhill
7 Girls Soccer Team.
8 ACTING PRESIDENT GRIFFO: Thank
9 you, Senator DeFrancisco.
10 The resolution was adopted on
11 January 17th of 2018.
12 Senator DeFrancisco has opened the
13 resolution for cosponsorship. If a member would
14 like to be a cosponsor, notify the desk.
15 At this time we'd like to ask the
16 young ladies from Westhill to please rise and be
17 recognized. We congratulate you on that
18 extraordinary season and your championship. We
19 extend the courtesies of the house and wish you
20 the best of luck.
21 (Standing ovation.)
22 ACTING PRESIDENT GRIFFO:
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Yes, can we
25 now take up the noncontroversial reading of the
968
1 calendar.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 107, by Senator Felder, Senate Print 2104A, an
6 act to amend the Education Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of September.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 50.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 131, by Senator Serino, Senate Print 2167, an act
19 to amend the Family Court Act.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 12. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
969
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 50.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 373, by Senator Peralta, Senate Print 6196, an
7 act to amend the Public Health Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 50.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 383, by Senator Ritchie, Senate Print 3022A, an
20 act to amend the Public Authorities Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
970
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 50.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 516, by Senator Croci, Senate Print 6144B, an act
8 to amend the Public Health Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect January 1, 2019.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 50.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 Senator DeFrancisco, that completes
20 the noncontroversial reading of today's
21 active-list calendar.
22 SENATOR DeFRANCISCO: It's my
23 understanding that committee assignments have
24 been handed up to the desk.
25 ACTING PRESIDENT GRIFFO: The
971
1 assignments have been handed to the desk and will
2 be recorded in the record.
3 SENATOR DeFRANCISCO: All right,
4 I'd like to now call an immediate meeting of the
5 Rules Committee in Room 332.
6 ACTING PRESIDENT GRIFFO: There is
7 an immediate meeting of the Rules Committee in
8 Room 332.
9 The Senate will temporarily stand at
10 ease.
11 (Whereupon, the Senate stood at ease
12 at 3:11 p.m.)
13 (Whereupon, the Senate reconvened at
14 3:22 p.m.)
15 ACTING PRESIDENT GRIFFO: The
16 Senate will come to order.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Yes, is there
19 a report of the Rules Committee at the desk?
20 ACTING PRESIDENT GRIFFO: There is
21 a Committee on Rules report at the desk.
22 And the Secretary will read.
23 THE SECRETARY: Senator Flanagan,
24 from the Committee on Rules, reports the
25 following bills:
972
1 Senate Print 700B, by Senator
2 Carlucci, an act to amend the Education Law;
3 And 7848A, by Senator Young, an act
4 to amend the State Finance Law.
5 Both bills reported direct to third
6 reading.
7 ACTING PRESIDENT GRIFFO: Senator
8 DeFrancisco, I'll entertain --
9 SENATOR DeFRANCISCO: Did I move to
10 accept yet?
11 ACTING PRESIDENT GRIFFO: A motion
12 has now been made to accept the Committee on
13 Rules report. All in favor of accepting the
14 Committee on Rules report signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO: Opposed?
17 (No response.)
18 ACTING PRESIDENT GRIFFO: The
19 Committee on Rules report is accepted and before
20 the house.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: We all have
23 before us Supplemental Calendar 17A, and I'd move
24 that we do the noncontroversial reading of that
25 supplemental calendar.
973
1 ACTING PRESIDENT GRIFFO: The
2 Secretary will read Supplemental Calendar 17A.
3 THE SECRETARY: Calendar Number
4 632, by Senator Carlucci, Senate Print 700B, an
5 act to amend the Education Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. 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 Carlucci to explain his vote.
15 SENATOR CARLUCCI: Thank you,
16 Mr. President.
17 I want to thank my colleagues for
18 supporting this important legislation.
19 Unfortunately right now in New York
20 State, kindergarten is not mandated. And we
21 know -- as being Senators, we see the reports,
22 read the studies that show over and over again
23 how important early education is.
24 Unfortunately, right now there's a
25 handful of districts that don't offer full-day
974
1 kindergarten. What this legislation will do is
2 incentivize those districts to convert to
3 full-day kindergarten programs. Right now we
4 have a conversion rate that's 100 percent within
5 the first year. This will stagger that over the
6 next five years to make it enticing for districts
7 to offer full-day kindergarten to all of their
8 students.
9 You know, I've got two young boys, 4
10 and 2 years old. And my 4-year-old, you know, he
11 knows how to use my cellphone better than I do.
12 You know? And it shows me that our children do
13 not lack capacity, they only lack opportunity.
14 So this legislation is going to give
15 them that opportunity. And we know that that
16 will create the foundation upon which all future
17 learning takes place.
18 So I'm very excited that we're
19 passing this legislation. Let's make sure we
20 give our youngest children every opportunity they
21 need to succeed. I'll be voting in the
22 affirmative and want to thank my colleagues for
23 doing the same.
24 Thank you, Mr. President.
25 ACTING PRESIDENT GRIFFO: Senator
975
1 Carlucci to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 633, by Senator Young, Senate Print 7848A, an act
8 to amend the State Finance Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 SENATOR GIANARIS: Lay it aside.
12 ACTING PRESIDENT GRIFFO: Lay the
13 bill aside.
14 Senator DeFrancisco, that completes
15 the noncontroversial reading of today's Senate
16 Supplemental Calendar 17A.
17 SENATOR DeFRANCISCO: Would you
18 take up the controversial reading of the
19 calendar, please.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will ring the bell.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 633, by Senator Young, Senate Print 7848A, an act
25 to amend the State Finance Law.
976
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor would please yield
5 to some questions.
6 ACTING PRESIDENT GRIFFO: Senator
7 Young, do you yield?
8 SENATOR YOUNG: Yes, Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 Krueger.
11 SENATOR KRUEGER: Thank you.
12 Okay. So it's a complex bill with
13 many different sections in it. I'd like to start
14 with concerns I have about the definitions
15 section. So in the bill it says: "Sexual
16 harassment" means unwelcome sexual advances,
17 requests for sexual favors or other verbal or
18 physical conduct of a sexual nature, if such
19 conduct is made either explicitly or implicitly a
20 term or condition of employment, or submission to
21 or rejection of such conduct is used as the basis
22 for employment decisions affecting an
23 individual's employment or such contact has the
24 purpose or effect of unreasonably interfering
25 with an individual's work performance.
977
1 So we're reducing the definition of
2 sexual harassment from the Human Rights Law and
3 federal law for behaviors. May I ask why we're
4 putting a limit on the definitions of behavior
5 that basically include it's sexual harassment if
6 this is done on the basis of the sex or gender of
7 the person?
8 SENATOR YOUNG: Through you,
9 Mr. President. Actually, I'd like to clarify
10 Senator Krueger's question. Because when I first
11 started out to look at this issue last fall, it
12 was shocking to me to find out that there were no
13 existing definitions of sexual harassment in
14 New York State law.
15 So one of the first orders on the
16 agenda is to make sure that it's clearly defined.
17 Right now in New York State courts, up to
18 37 percent of sexual harassment in the workplace
19 cases that are brought before the courts are
20 actually dismissed because there isn't any
21 standardized definition.
22 This definition -- just so you know,
23 Senator Krueger -- actually takes the federal
24 definition through the EEOC and adopts it into
25 state law. By default, many of the courts are
978
1 using that now, but it's not enough. And so
2 that's why we are working to define sexual
3 harassment in this particular bill.
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger.
6 SENATOR KRUEGER: Through you,
7 Mr. President. So I'm looking at the federal
8 EEOC language, and I agree with Senator Young
9 that we have an absence of language in our law.
10 She's absolutely right. But her language
11 actually is significantly more limited than the
12 federal Equal Opportunity -- EEOC language.
13 And it has been raised that any
14 number of scenarios would not fit under this
15 law's proposed definition of sexual harassment,
16 because it doesn't clarify that on the basis of
17 sex. It says "of a sexual nature." And those
18 are actually two very different things in the
19 law.
20 So I'm curious if we could not go
21 back to the EEOC language.
22 SENATOR YOUNG: So through you,
23 Mr. President. Frankly, respectfully, I don't
24 believe that Senator Krueger is correct in her
25 assertions that she's making.
979
1 And actually I want to clarify
2 another point that you made earlier. This does
3 not override any Human Rights Law that currently
4 exists in New York State, it only enhances it.
5 So when you put it together, we will have some
6 very, very tough laws in relation to the
7 definition of sexual harassment in New York
8 State.
9 SENATOR KRUEGER: Through you,
10 Mr. President --
11 ACTING PRESIDENT GRIFFO: Will the
12 sponsor continue to yield?
13 SENATOR YOUNG: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR KRUEGER: Thank you.
17 So I appreciate the Senator's
18 review. I would simply ask her to check the bill
19 I had introduced, which has definition language
20 that I think does mirror the federal EEOC, and
21 that is not language I find in her bill.
22 So some examples. If my employer
23 required me to wear high heels and short skirts
24 at work, under federal law it could be defined as
25 a form of harassment because they were making
980
1 determinations of my clothes based on my gender
2 or sex.
3 But it's not at all clear that that
4 would be a violation, because demanding high
5 heels and a short skirt or a low-cut blouse would
6 not necessarily be interpreted as behavior of a
7 sexual nature. So that's one example of a
8 concern of the language in the Senator's bill.
9 So I guess I would --
10 ACTING PRESIDENT GRIFFO: Is that a
11 question, Senator Krueger?
12 SENATOR KRUEGER: Am I reading that
13 incorrectly, Senator?
14 SENATOR YOUNG: Through you,
15 Mr. President, I'm not sure that I heard a
16 question. So if the Senator could clarify.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger, could you repeat your question.
19 SENATOR KRUEGER: Certainly. Well,
20 I was using an example --
21 ACTING PRESIDENT GRIFFO: Order in
22 the house, please.
23 SENATOR KRUEGER: Thank you,
24 Mr. President.
25 I was asking -- perhaps I did not
981
1 phrase it as a question -- under the Senator's
2 definition of sexual harassment, if my employer
3 required me to wear high heels, short skirts and
4 low-cut blouses, where would that fall as a form
5 of sexual harassment in the language used by the
6 Senator in her bill? Because it talks about "of
7 a sexual nature," as opposed to excluding
8 activities on the basis of sex.
9 SENATOR YOUNG: Through you,
10 Mr. President, the requirement would have to be
11 of a sexual nature.
12 SENATOR KRUEGER: Yes. On -- in
13 Senator Young's bill, it would have to be of a
14 sexual nature, I think we agree.
15 My dilemma is -- on the bill --
16 ACTING PRESIDENT GRIFFO: Senator
17 Krueger on the bill.
18 SENATOR KRUEGER: -- that under the
19 EEOC law, it could actually be a demand of you by
20 employer to employee that you dress in a certain
21 way, which would not necessarily meet anyone's
22 standard of a request of a sexual nature.
23 Another example could be a demand
24 that a female worker massage their boss's hand,
25 back, et cetera. And that no one's defined it as
982
1 a -- of a sexual nature, but they are saying "I
2 have a medical need for you to massage me." So
3 because it's only of a sexual nature, would it
4 not fall under sexual harassment in this bill? I
5 think it would not.
6 But I'm on the bill, it was not a
7 question.
8 SENATOR YOUNG: So -- however,
9 Mr. President, I'd like to respond to that.
10 So wearing clothing is --
11 ACTING PRESIDENT GRIFFO: Without
12 objection, Senator Krueger?
13 SENATOR KRUEGER: No objection.
14 ACTING PRESIDENT GRIFFO: Senator
15 Young.
16 SENATOR YOUNG: Wearing clothing is
17 actually a demand of a sexual nature. So that
18 would be a demand -- if you demanded an employee
19 to wear short skirts, low-cut blouses, and that
20 sort of thing, that would be construed as it
21 being sexual in nature.
22 SENATOR KRUEGER: Through you,
23 Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Krueger.
983
1 SENATOR KRUEGER: On the bill.
2 ACTING PRESIDENT GRIFFO: Senator
3 Krueger on the bill.
4 SENATOR KRUEGER: I think the
5 Senator and I just disagree about how a court
6 might interpret "of a sexual nature." And I
7 think the reason why I would urge different
8 language is because the federal EEOC law does
9 make explicit the categories.
10 And I am fearful that we would open
11 ourselves up to confusion or not being successful
12 in a court case under this language. Even though
13 I agree with my colleague, the sponsor, that we
14 don't have any definitions now. But I think our
15 goal would be to try to get the best definitions
16 that we could, and we have some decent ones in
17 federal law.
18 Through you, Mr. President, if the
19 Senator would continue to yield.
20 ACTING PRESIDENT GRIFFO: Senator
21 Young, do you yield?
22 SENATOR YOUNG: Sure.
23 ACTING PRESIDENT GRIFFO: The
24 Senator yields.
25 SENATOR KRUEGER: Okay. One
984
1 moment, please.
2 In the Senator's bill it includes
3 eliminating mandatory arbitration clauses; is
4 that correct?
5 SENATOR YOUNG: Through you,
6 Mr. President, yes it does.
7 SENATOR KRUEGER: Through you,
8 Mr. President. On the bill.
9 ACTING PRESIDENT GRIFFO: Senator
10 Krueger on the bill.
11 SENATOR KRUEGER: My understanding
12 is that the Federal Arbitration Act precludes us
13 as a state from prohibiting MACs outright. So
14 I'm wondering how we can balance a federal
15 supersession or preclusion from passing this as
16 law in New York State.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger, is that a question or --
19 SENATOR KRUEGER: Yes, it is.
20 ACTING PRESIDENT GRIFFO: Senator
21 Young, do you yield to that question?
22 SENATOR YOUNG: Yes.
23 ACTING PRESIDENT GRIFFO: The
24 Senator yields.
25 Can you repeat that question,
985
1 Senator Krueger?
2 SENATOR KRUEGER: Do you need me to
3 repeat it?
4 ACTING PRESIDENT GRIFFO: Senator
5 Young.
6 SENATOR YOUNG: Through you,
7 Mr. President. Actually, under the federal
8 statute there is leeway that's provided. So our
9 bill that we have before us now I believe would
10 be allowed.
11 SENATOR KRUEGER: I'm sorry, can
12 the sponsor cite the leeway in the federal
13 standard?
14 SENATOR YOUNG: Well, through you,
15 Mr. President, we're talking about private
16 arbitration here. So that's the standard and the
17 difference.
18 SENATOR KRUEGER: Through you,
19 Mr. President, if I might. So -- it's a
20 question. So I am reading --
21 ACTING PRESIDENT GRIFFO: So,
22 Senator Young, do you continue to yield?
23 SENATOR YOUNG: Always good when we
24 get a question.
25 SENATOR KRUEGER: Thank you.
986
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger.
3 SENATOR KRUEGER: Okay. Contracts
4 hereafter awarded by the state or any state
5 agency shall not be let, granted or awarded to
6 any contractor where the contractor requires
7 employees or prospective employees to enter into
8 written contracts if such contract -- and it
9 goes -- you know, it's too long a question. Let
10 me rephrase.
11 I believe that the sponsor is
12 correct that there is some leeway in the federal
13 law, but I think that we would be better off
14 being very clear in our law which specific
15 scenarios we could require exempting or
16 eliminating mandatory arbitration clauses versus
17 not, because I think it again opens us up to
18 being challenged by federal law and the FAA,
19 particularly as it applies to contractors and
20 private entities in New York.
21 Because this bill, attempting to do
22 many things in one bill, applies both to what
23 happens in the Legislature and what happens in
24 private business.
25 SENATOR YOUNG: Through you,
987
1 Mr. President, if I could --
2 ACTING PRESIDENT GRIFFO: Senator
3 Young.
4 SENATOR YOUNG: -- if I could just
5 respond to Senator Krueger's points that she's
6 making.
7 So this provision of the bill
8 actually gets at the serial sexual predators who
9 have been preying on women not only in New York
10 State but across the country. And the way
11 they've been able to get away with it -- so it's
12 people like Harvey Weinstein and people of that
13 ilk -- is because they have mandatory arbitration
14 regarding sexual harassment.
15 So that when an employee becomes
16 part of a company, then they are required to sign
17 these agreements for mandatory arbitration. And
18 as a result of that, they've gotten away with
19 this over and over and over again.
20 That's why I feel very compelled,
21 very strong about this, that we need to do
22 something about mandatory arbitration because too
23 many serial sexual predators have gotten away
24 with bad behavior over the years.
25 SENATOR KRUEGER: Through you,
988
1 Mr. President, on the bill.
2 ACTING PRESIDENT GRIFFO: Senator
3 Krueger on the bill.
4 SENATOR KRUEGER: I couldn't agree
5 more with the sponsor. We can't let serial
6 predators continue to get away with things. And
7 I think that would go to the nondisclosure
8 section of the bill, not the mandatory
9 arbitration section of the bill.
10 So I agree with the sponsor about
11 coming down hard on serial predators. And I
12 think that the section that most applies there is
13 the ensuring that there are not nondisclosure
14 agreements where wealthy sexual predators can buy
15 themselves out of these activities over and over
16 again.
17 Rather, I was simply trying to point
18 out that the Federal Arbitration Act puts limits
19 on what we can and cannot do on eliminating
20 mandatory arbitration clauses.
21 If I could continue with questions,
22 through you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Young, do you yield?
25 SENATOR YOUNG: Certainly.
989
1 ACTING PRESIDENT GRIFFO: The
2 Senator yields.
3 SENATOR KRUEGER: If the sponsor
4 could explain to me who would be responsible for
5 the investigations when it came to legislative
6 and executive employees through this bill.
7 SENATOR YOUNG: Okay, let me find
8 that.
9 Okay, through you, Mr. President,
10 there's several ways in which a victim can report
11 different behavior. In the Legislature, an
12 employee would be able to go to JCOPE, and we
13 actually establish a unit within JCOPE to
14 investigate these claims. And also they would be
15 able to go to the Legislative Ethics
16 Commission -- which they can now, but we want to
17 make that even stronger.
18 SENATOR KRUEGER: Through you,
19 Mr. President. So it's an either/or if one says
20 yes, the other says no, can you go to both?
21 Under what circumstances would you know where to
22 go?
23 SENATOR YOUNG: So -- well, we want
24 to make sure that employees know that they have
25 several venues in order to have justice served.
990
1 So they could go to the Legislative
2 Ethics Commission -- and by the way, the
3 Legislative Ethics Commission could actually turn
4 a case over to the investigative unit at JCOPE,
5 but that doesn't preclude them from going to
6 JCOPE first. So there are two avenues where
7 employees can go. We want to make sure that it's
8 as wide open as possible so that people can have
9 their voices heard.
10 SENATOR KRUEGER: Through you,
11 Mr. President, if the sponsor would continue to
12 yield.
13 SENATOR YOUNG: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR KRUEGER: So if the
17 employee goes to JCOPE, is there a
18 section of this law that expands the definitions
19 of law that JCOPE can investigate beyond the
20 Public Officers Law? And where is that in the
21 bill?
22 SENATOR YOUNG: Through you,
23 Mr. President, it's not necessary, because JCOPE
24 already has the ability to investigate such
25 complaints. So there's nothing in the law that
991
1 actually expands it, because it already exists.
2 Other than to say that JCOPE will have a
3 specialized unit specifically to deal with sexual
4 harassment claims.
5 SENATOR KRUEGER: Through you,
6 Mr. President, just so I make sure I understood
7 correctly. The sponsor believes that the Public
8 Officers Law, which is the one law JCOPE has the
9 authority to work under, already has adequate
10 language within it for completing investigations
11 of sexual harassment?
12 SENATOR YOUNG: Through you,
13 Mr. President, yes. In a word, it's yes.
14 And by the way, however, there have
15 been other investigations already conducted by
16 JCOPE regarding sexual harassment.
17 SENATOR KRUEGER: Through you,
18 Mr. President. Could, under this bill, you have
19 parallel investigations going on by the State
20 Ethics Commission and JCOPE at the same time,
21 looking at issues under different statutes?
22 SENATOR YOUNG: Through you,
23 Mr. President, actually the Legislative Ethics
24 Commission and JCOPE communicate on a regular
25 basis. So if there were such a claim that was
992
1 made, the Legislative Ethics Commission would be
2 dealing directly with JCOPE, and vice versa.
3 SENATOR KRUEGER: Through you,
4 Mr. President, there is a section of the bill --
5 and I'm just going to see if I can find the exact
6 section -- that says the investigators may
7 interview the complainant and the accused, but
8 actually allows an option where they don't.
9 Was that the intention, that someone
10 brings a complaint and they don't actually have
11 to do an interview of the person complaining?
12 And I'm sorry, just to clarify, on
13 Bill 7848, page 13 -- at least in the printout --
14 paragraph 3, sentence C -- or B: "An interview
15 of the complainant, where necessary." C: "An
16 interview of the alleged harasser, where
17 necessary."
18 SENATOR YOUNG: Through you,
19 Mr. President. I believe that this gives
20 flexibility to the system because sometimes a
21 victim, for example, may not want to be
22 interviewed. And so they can put forward their
23 complaint in a number of ways. It could be
24 through a sworn statement, it could be through a
25 written statement. And so there are options
993
1 available.
2 But if there's a complaint made, it
3 will be investigated.
4 SENATOR KRUEGER: Through you,
5 Mr. President, on the bill.
6 ACTING PRESIDENT GRIFFO: Senator
7 Krueger on the bill.
8 SENATOR KRUEGER: Actually, this is
9 one of the core concerns I have about this piece
10 of legislation, that it actually gives the
11 investigators the opportunity to say, No, we're
12 not even taking down your information, we're not
13 interviewing you, we're not starting the process
14 of investigation.
15 I don't actually think our
16 investigators ought to have that option if
17 someone is bringing a complaint to them.
18 SENATOR YOUNG: Through you,
19 Mr. President. I would just say that that's kind
20 of a reach to come to that conclusion on this
21 legislation. I think it's clear that there's an
22 investigative unit that would be set up at JCOPE
23 that victims would be able to report their
24 concerns, not only to JCOPE but to the
25 Legislative Ethics Commission.
994
1 So I don't believe that what Senator
2 Krueger is portraying is actually fact.
3 SENATOR KRUEGER: Through you,
4 Mr. President, I guess that was on the bill, that
5 wasn't a question.
6 ACTING PRESIDENT GRIFFO: Correct.
7 SENATOR KRUEGER: Thank you. So on
8 the bill.
9 ACTING PRESIDENT GRIFFO: Senator
10 Krueger now on the bill.
11 SENATOR KRUEGER: Based on
12 discussions and reviews of people who have
13 actually brought harassment complaints through
14 the JCOPE process and through the Legislative
15 Ethics Committee, I have to disagree -- that
16 there are people that have refused to be
17 interviewed, harassers have not been interviewed.
18 And in fact, the pattern and record
19 in this state is that we aren't doing it right,
20 which is I think part of the reason why we're
21 struggling to come up with the right answer here
22 today between Senator Young's bill, which has
23 excellent sections but some that I feel are
24 mistakes; Senate Democrats, who submitted a
25 number of bills; and the Governor's proposal,
995
1 which also I think has some flaws in it.
2 We want to get this right, but we
3 want to get it right based on the experiences
4 we've already learned from here in Albany.
5 So again, I will emphasize why I
6 think it's so important that we establish formal
7 investigative procedures that are standardized,
8 that everybody knows, that you can't be rejected
9 when you make a complaint, that there are actual
10 protocols.
11 I don't believe the Public Officers
12 Law is nearly strong enough in what you could
13 look at to make a finding of sexual harassment.
14 This bill's definitions limit further what
15 categories could in fact be brought as sexual
16 harassment compared to what the federal EEOC
17 already does.
18 I think it's also critical that we
19 establish, because we talk about it in this
20 legislation, clear standards of who is doing the
21 trainings, what the trainings are, that there is
22 a requirement for reporting by employers who have
23 had issues brought to them, which there are not
24 in this legislation.
25 It tries to do many things. I want
996
1 to give Senator Young an enormous amount of
2 credit for trying to put together a bill that
3 does an enormous number of things, looking at
4 private sector, public sector, contractors. My
5 dilemma is when you go through the details of the
6 bill, you find that many of the things that -- at
7 least speaking for myself, in consultation with
8 people who have been victims and have gone
9 through the process here -- it leaves out too
10 many of the critical issues that we want to make
11 sure are addressed. I believe that Senator Young
12 wants to make sure they're addressed. I do not
13 question the intent but only the outcome as far
14 as the text of sections of this bill.
15 I'm also concerned that there's not
16 clarification about what happens if you're going
17 through an internal legislative process but might
18 also end up going into a civil or criminal court
19 situation. I think it would be an excellent
20 recommendation that the statute clarify that
21 statute of limitations were tolled or held while
22 you're going through an internal process so you
23 don't find yourself limited in your legal
24 rights -- because I don't think anybody does want
25 to limit people's legal rights -- so that you
997
1 don't use up your time during an extended
2 internal process only to learn that now you've
3 gone past deadlines for heading down a civil or
4 criminal path on cases of harassment.
5 I would also like to just bring up
6 that people who have gone through the JCOPE
7 process find that it is very inadequate to
8 complete sexual harassment cases. And that yes,
9 JCOPE has been used in a number of cases, but
10 they only have the Public Officers Law to use as
11 the basis. And there is perhaps two sentences in
12 the entire Public Officers Law that might be
13 applicable to sexual harassment law.
14 So sincerely, I think we can do
15 better by having an explicit statute and more
16 explicit detail about who's investigating and
17 what laws they can use to find people to have
18 violated sexual harassment law in New York State.
19 I'm also a bit concerned about the
20 determination of paying out or not paying out on
21 sexual harassment cases. I understand that the
22 public at large does not wish its taxpayer
23 dollars to be used to pay off people who have
24 been sexually harassed. Particularly if they're
25 working for the government, it would be a
998
1 government cost.
2 But I also think we want to make
3 sure we come up with a plan that does not leave
4 victims with any economic holes for themselves
5 after they have no doubt lost their job, left
6 their job, been retaliated against in their
7 employment. There are good reasons why there are
8 models for payment, as complicated as they are
9 for the state government. And I do believe that
10 the harasser found guilty should be held
11 accountable for making the payments. But I also
12 don't think that the victim should be left
13 without any mechanism to get paid, which might be
14 the case.
15 And finally, the State of New York
16 has a responsibility for people who work for it.
17 And they should not -- the state should not be
18 let off the hook either, which is why it is so
19 critical that we have quality training and
20 protocols, that we have a clear and direct way
21 for people who have complaints to file those
22 complaints to get heard, to make sure that the
23 investigations are handled appropriately and in a
24 standard way with clear information about what
25 people can expect are their rights, and without
999
1 fearing retribution.
2 Again, Senator Young, I think there
3 are so many important things in this bill. And I
4 know that we both want the State of New York to
5 come out with the right answer on behalf of
6 anyone who works for us, anyone who's an employee
7 in the State of New York for any kind of private
8 business, and particularly contractors using
9 state money. But there are too many holes in
10 this bill for me to feel comfortable with it as
11 an outcome.
12 Now, the good news is this is right
13 now a one-house bill. It stands separate and
14 apart from the Governor's proposal in his budget,
15 and it is stronger in certain cases than the
16 Governor's proposal. I don't think there's an
17 Assembly proposal as of yet -- if I'm wrong,
18 someone can clarify it for me. So I think it was
19 worth the time on the floor today -- not everyone
20 may agree -- for me for lay out a number of the
21 critical concerns I have, because I know both
22 sides of the aisle want to get this right. I
23 know we do. And I think there's opportunity and
24 time to address the continuing concerns on this
25 bill.
1000
1 I can see urging people to vote yes
2 or no on this bill. I will vote no today to just
3 register the concerns I raised here and to hope
4 that we can fix problems and vacuums that are
5 still not addressed within this bill. But I look
6 forward to being able to work with Senator Young
7 to get us the best possible resolution we can for
8 New York.
9 Thank you, Mr. President.
10 ACTING PRESIDENT GRIFFO: Thank
11 you, Senator Krueger.
12 Senator Hoylman.
13 SENATOR HOYLMAN: Thank you,
14 Mr. President. Would the sponsor yield to a
15 couple of questions?
16 ACTING PRESIDENT GRIFFO: Senator
17 Young, do you yield?
18 SENATOR YOUNG: Sure. Yes.
19 ACTING PRESIDENT GRIFFO: The
20 Senator yields.
21 SENATOR HOYLMAN: Through you,
22 Mr. President.
23 First let me say I appreciate the
24 sponsor's efforts. It's a long overdue issue,
25 and I'm grateful for the recommendations put
1001
1 forward.
2 My question, though, regards public
3 accountability and whether, in the bill that's
4 before us, is there any requirement that the
5 public be informed about the particulars of any
6 settlements struck as a result of this
7 legislation?
8 SENATOR YOUNG: Through you,
9 Mr. President. Actually, generally,
10 Senator Hoylman, it prohibits secret settlements,
11 except in the cases where perhaps a victim
12 doesn't want to have that disclosed.
13 SENATOR HOYLMAN: Through you,
14 Mr. President, would the sponsor continue to
15 yield?
16 ACTING PRESIDENT GRIFFO: The
17 sponsor yields.
18 SENATOR YOUNG: Yes.
19 SENATOR HOYLMAN: So just to be
20 clear, I understand that settlements with the
21 victim or survivor's consent should remain
22 confidential. But shouldn't this body and the
23 public generally have a sense as to whether there
24 are sexual harassment settlements being made --
25 perhaps not identifying any of the parties,
1002
1 should they of course choose not to be
2 identified -- but for our own accountability?
3 SENATOR YOUNG: Well, through you,
4 Mr. President, as I said, this bill actually
5 covers secret settlements. It's included as a
6 provision in the bill. Generally it would
7 preclude having secret settlements. And that's
8 been in the legislation that I've sponsored
9 since, you know, several months ago. And this
10 actually enhances that entire concept.
11 So I will say the only secret
12 settlement that would, you know, not be allowed
13 {sic} would be if the victim feels very concerned
14 about having his or her identity revealed.
15 SENATOR HOYLMAN: Will the sponsor
16 continue to yield?
17 SENATOR YOUNG: Sure.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR HOYLMAN: Through you,
21 Mr. President. So again, if there are
22 settlements, we don't want to name the parties.
23 But are you saying that there will be no
24 reporting mechanism to the public or to this body
25 in terms of what settlements were made, let's
1003
1 just say the amount of the settlement and the
2 year in which they occurred, so that the public
3 and the Legislature have a sense as to how big
4 this problem is or if we're actually making
5 progress, as I know is your intention with this
6 legislation.
7 SENATOR YOUNG: You know, I --
8 through you, Mr. President, there just was a
9 report that came out regarding settlements in
10 state governments. I think it was about
11 $11 million over the past several years have been
12 given out.
13 So that information is public
14 already. And it was disclosed when somebody
15 FOILed it.
16 SENATOR HOYLMAN: Through you,
17 Mr. President, would the sponsor continue to
18 yield?
19 SENATOR YOUNG: Yes.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR HOYLMAN: Through you,
23 Mr. President, doesn't the sponsor think that it
24 shouldn't require a news reporter to file a
25 Freedom of Information Law as to whether
1004
1 settlements have been made for such an issue as
2 serious as sexual harassment in this chamber?
3 Shouldn't the public have access to that as a
4 matter of due course?
5 SENATOR YOUNG: Through you,
6 Mr. President. I'll repeat it for the third
7 time, Senator. But this legislation actually
8 ends secret settlements.
9 SENATOR HOYLMAN: Would the sponsor
10 continue to yield?
11 ACTING PRESIDENT GRIFFO: The
12 sponsor yields.
13 SENATOR HOYLMAN: I don't disagree
14 that secret settlements are addressed in this
15 bill, and I commend the sponsor for that. I also
16 commend the sponsor for her legislation and
17 transferring the liability from the taxpayer to
18 the offender.
19 But I will point out that there is
20 no reporting mechanism in the bill for
21 settlements by this chamber or any other entity
22 of government. But does the --
23 SENATOR YOUNG: Through you,
24 Mr. President, I'll address that.
25 So actually all expenditures by the
1005
1 Legislature are reported every single year, I
2 think quarterly. So if there is something, that
3 information is already reported and it's already
4 available.
5 SENATOR HOYLMAN: On the bill,
6 Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Hoylman on the bill.
9 SENATOR HOYLMAN: I hear the
10 sponsor saying that that information is already
11 readily available, and I respectfully disagree.
12 It took reporters hours and hours of requests of
13 various agencies, including this chamber, Freedom
14 of Information Law requests, a contact with the
15 State Comptroller's office, to try to determine
16 if there were sexual harassment settlements in
17 this chamber or in other branches of state
18 government. And even now, they still don't know,
19 after the reporting, as to the exact nature of
20 these settlements.
21 I think the public has a right to
22 know. I think that this issue, being as serious
23 as it is, demands that we actually set benchmarks
24 as to how big the problem currently is and
25 whether this bill, with all of its good
1006
1 intentions, is actually making progress. You
2 only can manage what you measure, and clearly in
3 this instance we need better management.
4 I would also note that the U.S.
5 Congress, in a bipartisan fashion, recently
6 passed its own sexual harassment reform, which
7 received unanimous support from the House of
8 Representatives. One of the things they required
9 was biennial reporting, an employee survey on
10 employment climate, updates on prevention and
11 training programs, an electronic reporting system
12 for employees, and required reports on awards
13 every six months.
14 So while there are good things in
15 this bill, I think it does not go far enough in
16 terms of transparency for the public and,
17 frankly, transparency for members of this body.
18 Thank you, Mr. President.
19 ACTING PRESIDENT GRIFFO: Senator
20 Young.
21 SENATOR YOUNG: On the bill,
22 Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Young on the bill.
25 SENATOR YOUNG: First of all, I
1007
1 want to say thank to my colleagues for your
2 questions today. I appreciate those.
3 Senator Krueger, your kind words are
4 greatly appreciated also. And I want to say to
5 Senator Krueger, I grew up in a household where
6 my mom is Irish, so she didn't know how to make
7 sauce. So when we had spaghetti, we had to have
8 Prego. And I want to say to you, just like
9 Prego, it's in there.
10 (Laughter.)
11 SENATOR YOUNG: So I would look
12 forward to sitting down with you to answer a lot
13 of the questions that you had today, because I
14 believe that the legislation before us right now
15 actually has it in there. Okay? So that's
16 number one.
17 Number two, thank you, Senator
18 Hoylman, for your questions also. And I want to
19 say to you, fourth time, it ends secret
20 settlements. I have the same concerns that you
21 have regarding secret settlements, and that's why
22 we put that provision in the legislation. So
23 thank you for those questions.
24 I also want to thank my colleagues
25 Senator Elaine Phillips, Senator Terrence Murphy,
1008
1 for your leadership. They have been co-prime
2 sponsors on the legislation since day one. They
3 have been fighting hard on women's issues, on
4 issues important to New Yorkers everywhere. So
5 thank you so much for your support on this, as to
6 all of our colleagues.
7 It's great to be here today to be
8 able to pass this legislation. I just want to
9 talk about it for just a moment.
10 #MeToo. In recent months, those
11 simple but powerful words have become a rallying
12 cry for women and men who have been victims of
13 sexual harassment. Their courage has awoken
14 America to the stunning magnitude of this
15 problem, abruptly ended the careers of many
16 powerful men and some women, and created an
17 overwhelming demand for change -- not only in our
18 culture, but in our lives.
19 It began on October 5th of 2017 when
20 the New York Times published a shocking expose
21 outlining three decades -- three decades -- of
22 disturbing sexual harassment allegations against
23 movie mogul Harvey Weinstein. The accusers
24 included actresses, models, and women who worked
25 for his film production company, Miramax. Days
1009
1 later, actress Rose McGowan broke her silence to
2 accuse Harvey Weinstein of rape, a charge that
3 subsequently was made by several other women in
4 an investigative piece in the New Yorker.
5 Dozens, dozens of women have since
6 come forward to share their stories of harassment
7 and sexual abuse by Harvey Weinstein. But while
8 this movement actually began with those cases, it
9 did not end there. Emboldened by the courage of
10 fellow victims, women and some men came forward
11 to tell their stories of abuse and harassment.
12 More than 50, 50 high-profile figures from the
13 entertainment, media and business world have been
14 accused and subsequently fired: Matt Lauer,
15 Charlie Rose, Mario Batali, Garrison Keillor,
16 Peter Martins, Kevin Spacey, just to name a few.
17 And with each new revelation, we
18 experienced a deepening understanding of the
19 pervasiveness of this problem. And while
20 celebrities' stories make the headlines, the
21 reality is that this is a problem that stretches
22 across the board, into every occupation. In
23 fact, a 2016 report by the EEOC Sexual Harassment
24 Task Force estimated that the prevalence of
25 sexual harassment of women in the workplace is
1010
1 approximately 60 percent. Astounding numbers.
2 And when the behavior is defined as
3 unwanted sexual attention or sexual coercion at
4 work, with approximately 72 million women in the
5 workforce, that means that approximately
6 43 million have experienced some form of
7 harassment.
8 And in some industries, particularly
9 those in lower-wage service industries and
10 hospitality sectors, the incidence of harassment
11 can be markedly worse. In 2015, the EEOC
12 received more sexual harassment claims from
13 workers in the hotel and food service industries
14 than any other sector. And a 2014 report by a
15 restaurant advocacy group, Restaurant
16 Opportunities Center, reported that approximately
17 90 percent of female restaurant employees have
18 experienced harassment from customers or
19 supervisors. That, my friends, is a tragedy and
20 a scandal.
21 The stakes for those in these
22 lower-wage occupations is often particularly
23 high, as they often lack other employment options
24 or are living paycheck to paycheck, struggling
25 just to survive, and cannot afford to place their
1011
1 job or their livelihoods in jeopardy.
2 Like the Weinstein case, nearly all
3 cases of harassment involve a harasser who has
4 authority, status or power over a victim. That
5 is why few victims of harassment report the
6 behavior. The EEOC estimates that only six to 13
7 percent of victims ever lodge a formal complaint
8 against their harasser. And for those who do
9 pursue action, as I said earlier, 37 percent are
10 dismissed pretrial.
11 Behind all these statistics,
12 however, are real people, women and in some cases
13 men whose lives have been impacted by this
14 victimization. From depression and anxiety to
15 feelings of guilt and shame, the emotional toll
16 that harassment exacts on victims can be
17 devastating.
18 And so that's why we have this
19 legislation before us today. It takes on all of
20 the problems. And I believe very strongly this
21 is the most comprehensive, most sweeping
22 legislation that's before any house in any
23 particular forum, whether it's in the budget
24 proposal or whatever. We have taken the lead,
25 our conference has taken the lead across the
1012
1 state. We actually identified a lot of the
2 issues, and today we're taking action.
3 So I am just so thrilled that we are
4 tackling this very important issue. We are
5 impacting the lives of New Yorkers all across the
6 state, not only the rich and famous but also the
7 middle class and lower-wage workers who need to
8 have these protections in place also.
9 So I want to say to you, all of my
10 colleagues, I urge you to vote yes and I want to
11 thank so many people who have come forward to
12 have their voices heard.
13 Thank you, Mr. President.
14 ACTING PRESIDENT GRIFFO: Seeing
15 and hearing no other Senator who wishes to be
16 heard, debate is closed and the Secretary will
17 ring the bell.
18 Read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Phillips to explain her vote.
1013
1 Order, please.
2 SENATOR PHILLIPS: Thank you,
3 Mr. President, to explain my vote.
4 The days when generations of
5 women -- and as Senator Young mentioned,
6 sometimes men -- in the workforce felt forced to
7 do whatever their boss pleased are over. Our
8 society has reached a cultural turning point.
9 Behind the revelations of recent months are real
10 people, victims with real scars -- personal,
11 emotional and financial -- from staying silent
12 for too long.
13 With this bill, New York is taking a
14 leadership role in protecting women and in many
15 cases men in the workplace. We're telling
16 abusive bosses and coworkers, enough. And when
17 it involves elected officials and those in
18 positions of power and authority in the
19 government, we're going to make sure that
20 taxpayers aren't left paying the bill. We will
21 hold abusers accountable.
22 As a first-term Senator, I am so
23 proud to stand here today and sponsor this
24 landmark legislation, legislation that represents
25 the most significant sexual harassment
1014
1 initiatives that our state has seen in decades.
2 But we all owe a great debt of gratitude to the
3 group of courageous women who started this
4 movement, women who will be considered role
5 models to our girls, my three daughters, for
6 generations to come.
7 But this legislation doesn't just
8 happen. It takes leadership. And that's why I
9 need to thank Senator Young for showing the
10 leadership.
11 It has truly been an honor to work
12 with you. Your leadership, your tenacity and,
13 most importantly, your hard work on this issue
14 has changed New York State for all employees to
15 come.
16 So, Mr. President, I will be voting
17 aye.
18 ACTING PRESIDENT GRIFFO: Senator
19 Phillips to be recorded in the affirmative.
20 Senator Krueger to explain her vote.
21 SENATOR KRUEGER: Thank you,
22 Mr. President.
23 So my colleagues and I share the
24 same frustration with what brought us here today.
25 And the #MeToo movement is an amazing movement
1015
1 that hopefully will be changing the world for
2 young men and young women from this day forward.
3 It is partly why I want us to get it right. And
4 while it may seem strange that as a feminist who
5 has been outspoken about the problems of sexual
6 harassment in our society for many years, and my
7 own experience talking to people who have been
8 the victims of sexual harassment right here in
9 this legislative body, that I urge us to go
10 further than we have in this bill today.
11 Like Senator Young, I want us to get
12 it right. I don't want this behavior to
13 continue. I want every person to feel that they
14 can be safe in their work environment, no matter
15 where they work -- but that includes here, for
16 the Legislature and for the Executive Chamber.
17 And it's in those sections that I fear we drop
18 the ball a bit.
19 Which is why, again, I stand to say
20 I can proudly vote no on this legislation with
21 the strong belief that we can get it better and
22 make sure that when we finally do implement a law
23 in the State of New York, it will apply fairly to
24 everyone and everyone will understand what the
25 rules of the road are, whether an employer,
1016
1 whether someone who doesn't quite understand the
2 definitions of what is appropriate behavior in
3 the workplace or not, or whether a potential
4 victim.
5 Because of course the punch line,
6 Mr. President, the whole punch line of #MeToo is
7 to make sure we don't have future victims, that
8 it's not okay, it's not okay for anyone.
9 Thank you, Mr. President.
10 ACTING PRESIDENT GRIFFO: Senator
11 Krueger to be recorded in the negative.
12 Senator Hoylman to explain his vote.
13 SENATOR HOYLMAN: Again, I want to
14 thank the sponsor for her efforts and do agree
15 with her that it is a major step forward. And
16 also acknowledge all the courageous women and men
17 who have come forward as part of the #MeToo and
18 #TimesUp moment, which is a watershed one in our
19 state and our country.
20 As the father of two daughters, I
21 have to vote reluctantly no, because I think I
22 disagree with the sponsor in that while secret
23 settlements are ended, there will be a large
24 number of victims, understandably who wish to
25 remain undisclosed. And in that instance I
1017
1 believe, Mr. President, the public has a right to
2 know in the aggregate, with that personal
3 information redacted, how big this problem is in
4 the State Senate and the State of New York.
5 So without that public transparency,
6 without that reporting mechanism that was
7 instituted by the United States Congress, I have
8 to reluctantly vote no.
9 Thank you, Mr. President.
10 ACTING PRESIDENT GRIFFO: Senator
11 Hoylman to be recorded in the negative.
12 Senator Murphy to explain his vote.
13 SENATOR MURPHY: Thank you,
14 Mr. President.
15 I would really like to applaud my
16 colleague Senator Young for bringing this
17 comprehensive, most critically important piece of
18 legislation to the New York State Senate floor.
19 We all knew we had to tackle this
20 issue in January, when we first came up here. As
21 the father of a 14-year-old girl, I cannot fathom
22 the idea of her being mistreated anywhere, let
23 alone in the workplace. Barriers in the
24 workplace or in our society at large, based on
25 gender, race, religion or ethnicity should and
1018
1 must be destroyed. I know many of my colleagues
2 wanted to tackle this issue as soon as we began
3 this year.
4 This bill, much to Senator Young's
5 efforts, was carefully crafted to protect all
6 workers and taxpayers for the great State of
7 New York. Today marks a victory for the
8 residents of New York State, for the taxpayers of
9 New York State, and for the future generations.
10 The next generation of workers will be protected.
11 I again thank Senator Young and all
12 my colleagues for their diligent work on this
13 issue, and Mr. President, I will be voting yea.
14 ACTING PRESIDENT GRIFFO: Senator
15 Murphy to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 56. Nays, 2.
18 Senators Hoylman and Krueger recorded in the
19 negative.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 Senator DeFrancisco, that completes
23 the controversial reading of today's Senate
24 Supplemental Calendar 17A.
25 SENATOR DeFRANCISCO: I have an
1019
1 announcement. Immediately following session,
2 there will be a Republican conference in
3 Room 332. And though it need not be said, the
4 sooner we get there, the sooner we leave.
5 ACTING PRESIDENT GRIFFO: There
6 will be an immediate meeting of the Republican
7 Conference following session in Room 332.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Is there any
10 further business at the desk?
11 ACTING PRESIDENT GRIFFO: There is
12 no further business at the desk.
13 SENATOR DeFRANCISCO: That being
14 the case, I move to adjourn until Tuesday,
15 March 13th, at 3:00 p.m.
16 ACTING PRESIDENT GRIFFO: On
17 motion, the Senate will stand adjourned until
18 Tuesday, March 13th, at 3:00 p.m.
19 The Senate is adjourned.
20 (Whereupon, at 4:18 p.m., the Senate
21 adjourned.)
22
23
24
25