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.)

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