Regular Session - June 19, 2019
6573
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 19, 2019
11 1:20 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
6574
1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 June 18, 2019, the Senate met pursuant to
17 adjournment. The Journal of Monday, June 17,
18 2019, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: On page 10,
6575
1 Senator Hoylman moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 2785A
3 and substitute it for the identical Senate Bill
4 Number 3118A, Third Reading Calendar 293.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 THE SECRETARY: On page 13,
8 Senator Breslin moves to discharge, from the
9 Committee on Rules, Assembly Bill Number 2969A
10 and substitute it for the identical Senate Bill
11 Number 2849A, Third Reading Calendar 462.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 THE SECRETARY: On page 14,
15 Senator Parker moves to discharge, from the
16 Committee on Rules, Assembly Bill Number 1503 and
17 substitute it for the identical Senate Bill
18 Number 1607, Third Reading Calendar 526.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 THE SECRETARY: On page 17,
22 Senator Parker moves to discharge, from the
23 Committee on Commerce, Economic Development and
24 Small Business, Assembly Bill Number 2166 and
25 substitute it for the identical Senate Bill
6576
1 Number 4888, Third Reading Calendar 592.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 THE SECRETARY: On page 25,
5 Senator Comrie moves to discharge, from the
6 Committee on Consumer Protection, Assembly Bill
7 Number 2374 and substitute it for the identical
8 Senate Bill Number 3582, Third Reading Calendar
9 870.
10 ACTING PRESIDENT BENJAMIN: The
11 substitution is so ordered.
12 THE SECRETARY: On page 37,
13 Senator Breslin moves to discharge, from the
14 Committee on Rules, Assembly Bill Number 7634A
15 and substitute it for the identical Senate Bill
16 Number 5616A, Third Reading Calendar 1161.
17 ACTING PRESIDENT BENJAMIN: The
18 substitution is so ordered.
19 THE SECRETARY: On page 30,
20 Senator Biaggi moves to discharge, from the
21 Committee on Rules, Assembly Bill Number 4267A
22 and substitute it for the identical Senate Bill
23 Number 4281A, Third Reading Calendar 1063.
24 ACTING PRESIDENT BENJAMIN: The
25 substitution is so ordered.
6577
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Gianaris.
8 SENATOR GIANARIS: Good afternoon,
9 Mr. President.
10 Can we please begin by calling an
11 immediate meeting of the Rules Committee in
12 Room 332, and we'll simultaneously take up
13 resolutions.
14 ACTING PRESIDENT BENJAMIN: There
15 will be an immediate meeting of the
16 Rules Committee in Room 332.
17 Senator Gianaris.
18 SENATOR GIANARIS: Okay, now can we
19 please take up previously adopted
20 Resolution 1996, by Senator Montgomery, read that
21 resolution's title only, and recognize
22 Senator Montgomery.
23 ACTING PRESIDENT BENJAMIN: The
24 Secretary will read.
25 THE SECRETARY: Senate Resolution
6578
1 1996, by Senator Montgomery, commemorating the
2 40th Anniversary of Black Veterans for Social
3 Justice, Inc.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Montgomery on the resolution.
6 SENATOR MONTGOMERY: Thank you,
7 Mr. President.
8 I rise today to pay tribute to a
9 very, very special and important organization in
10 the county -- in the Borough of Brooklyn, County
11 of Kings -- and especially within the 25th Senate
12 District. It is the 40th anniversary of Black
13 Veterans for Social Justice.
14 Black Vets was founded way back in
15 1979 by Job Mashariki, who himself was a veteran
16 who saw the need for veterans, especially black
17 veterans in the Borough of Brooklyn, who had no
18 place to go, no organization that was especially
19 serving the needs that they had at that time.
20 Since then, over the 40 years, Black Vets has
21 grown to be a significant organization serving
22 especially black veterans, but all veterans,
23 especially veterans of the Vietnam conflict, but
24 also veterans of all conflicts.
25 And it has been able to do not only
6579
1 services, connecting them with services that they
2 need, but also providing some housing, and just
3 absolutely has become, for that community, a
4 place of refuge and a special place in that
5 borough.
6 So I am very, very honored to honor
7 them today and to say how much I appreciate the
8 fact that a group of veterans who saw their
9 needs -- and especially a veteran in the name of
10 Job Mashariki, who saw a need, had a dream, had a
11 vision and worked to make it happen, and to this
12 day is serving veterans in the Borough of
13 Brooklyn.
14 So on their 40th anniversary, I want
15 to say to them a very special commendation.
16 Thank you, Mr. President.
17 ACTING PRESIDENT BENJAMIN:
18 Senator Sanders on the resolution.
19 SENATOR SANDERS: Thank you,
20 Mr. President.
21 As a veteran and as a black veteran,
22 I salute the Black Veterans. I know Mr. Job
23 Mashariki, a fine gentleman and an outstanding
24 Brooklynite. The only thing that could be
25 better, if he were from Queens. But he is from
6580
1 Brooklyn, and I appreciate that.
2 And on the occasion of their
3 40th anniversary, may they continue to serve all
4 veterans, and that's what they do, serve all
5 veterans.
6 Thank you very much for bringing
7 this before the body.
8 Thank you, Mr. President.
9 ACTING PRESIDENT BENJAMIN: The
10 resolution was adopted on June 18th.
11 Senator Biaggi.
12 SENATOR BIAGGI: Please take up
13 previously adopted Resolution 1997, by
14 Senator Montgomery, read that resolution by title
15 only, and recognize Senator Montgomery on the
16 resolution.
17 ACTING PRESIDENT BENJAMIN: The
18 Secretary will read.
19 THE SECRETARY: Senate Resolution
20 1997, by Senator Montgomery, congratulating
21 Ronald A. Williams, Credentialed Alcoholism and
22 Substance Abuse Counselor, upon the occasion of
23 his retirement after 42 years of dedicated
24 service to New York Therapeutic Communities,
25 Inc., on June 26, 2019.
6581
1 ACTING PRESIDENT BENJAMIN:
2 Senator Montgomery on the resolution.
3 SENATOR MONTGOMERY: Thank you,
4 Mr. President.
5 I rise to once again thank a very
6 special gentleman who has been, for me, for so
7 many years an extremely important person to
8 provide support and guidance as I've tried to
9 deal with issues around criminal justice in
10 particular.
11 Ron Williams will be retiring this
12 year. But when I first met him, he was at that
13 point, I believe, the vice president of the
14 organization Therapeutic Communities, Inc. In
15 that capacity he was responsible for designing a
16 program that we now know to be and that he
17 referred to as Serendipity, as part of Stay'n
18 Out. Meaning that that organization was going to
19 address the needs of people who were returning
20 from having been incarcerated, and they were
21 going to be able to stay out of prison because
22 organizations like Therapeutic Communities, like
23 Serendipity, were going to be there specifically
24 to help reorient people back into their
25 community.
6582
1 It was Ron Williams who has
2 developed this program, has shared the success of
3 that program with people throughout our country,
4 and in fact has had other people, other countries
5 come to America or him going to other countries,
6 having been invited, to show other people how to
7 successfully build a program that meets the needs
8 of people who were formerly incarcerated.
9 So I am thankful to him for his
10 contributions, not only to help me -- and I've
11 met, through him, many people who have returned.
12 I've had many discussions with them. And they
13 now provide services in my district for men and
14 for women as a residential program, Stay'n Out
15 Serendipity I, Serendipity II.
16 And I really, really think that
17 unless we begin to tap into the significant
18 experience of people like Ron Williams, we will
19 miss an opportunity to build successful programs
20 for people who are returning from having been
21 incarcerated.
22 So I am really very thankful to him.
23 I know that he is going to be retiring, but he
24 will not leave his job because he is so committed
25 to making sure that we do this the right way.
6583
1 So thanks to Ron Williams, and thank
2 you, Mr. President, for allowing me to honor him
3 today.
4 ACTING PRESIDENT BENJAMIN: The
5 resolution was previously adopted on June 18th.
6 Senator Biaggi.
7 SENATOR BIAGGI: At the request of
8 the sponsors, all of today's resolutions are open
9 for cosponsorship.
10 ACTING PRESIDENT BENJAMIN: The
11 resolutions are open for cosponsorship. Should
12 you choose not to be a cosponsor of the
13 resolutions, please notify the desk.
14 Senator Biaggi.
15 SENATOR BIAGGI: The Senate will
16 stand at ease.
17 ACTING PRESIDENT BENJAMIN: The
18 Senate will stand at ease.
19 (Whereupon, the Senate stood at ease
20 at 1:30 p.m.)
21 (Whereupon, the Senate reconvened at
22 1:51 p.m.)
23 ACTING PRESIDENT BENJAMIN: The
24 Senate will return to order.
25 Senator Gianaris.
6584
1 SENATOR GIANARIS: Mr. President,
2 at this time there will be an immediate joint
3 meeting of the Committees on Corporations,
4 Authorities and Commissions and Transportation in
5 Room 332.
6 ACTING PRESIDENT BENJAMIN: There
7 will be an immediate meeting of the joint
8 Corporations, Authorities and Commissions and
9 Transportation Committees in Room 332.
10 SENATOR GIANARIS: Can we now
11 return to reports of standing committees.
12 I believe there's a report of the
13 Rules Committee at the desk.
14 ACTING PRESIDENT BENJAMIN: There
15 is a report of the Rules Committee at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator
18 Stewart-Cousins, from the Committee on Rules,
19 reports the following bills:
20 Senate Print 934, by Senator O'Mara,
21 an act in relation to authorizing state
22 reimbursement to the Jasper-Troupsburg Central
23 School District for the purchase of school buses;
24 Senate Print 1681, by
25 Senator Skoufis, an act to amend the
6585
1 Real Property Tax Law;
2 Senate Print 2000A, by
3 Senator Hoylman, an act to amend the
4 Environmental Conservation Law;
5 Senate Print 2313, by
6 Senator Skoufis, an act to amend the
7 Real Property Tax Law and the Tax Law;
8 Senate Print 2385, by
9 Senator Parker, an act to amend the
10 Environmental Conservation Law;
11 Senate Print 3146, by Senator Myrie,
12 an act to amend the Election Law;
13 Senate Print 3168B, by Senator
14 Gounardes, an act to amend the General Municipal
15 Law and the Retirement and Social Security Law;
16 Senate Print 3329, by
17 Senator LaValle, an act to amend Chapter 399 of
18 the Laws of 2008;
19 Senate Print 3439A, by
20 Senator Myrie, an act directing the
21 Metropolitan Transportation Authority to rename
22 certain subway stations;
23 Senate Print 3457, by
24 Senator Montgomery, an act to amend the
25 Criminal Procedure Law;
6586
1 Senate Print 3801, by
2 Senator Skoufis, an act to amend the Retirement
3 and Social Security Law;
4 Senate Print 3851, by
5 Senator Sanders, an act to amend the
6 General Business Law;
7 Senate Print 3860, by Senator Lanza,
8 an act to amend the Vehicle and Traffic Law;
9 Senate Print 3909A, by
10 Senator Kaminsky, an act to amend the
11 Executive Law;
12 Senate Print 3985B, by
13 Senator Stavisky, an act to amend the
14 Real Property Tax Law;
15 Senate Print 4285A, by
16 Senator Carlucci, an act to amend the
17 Social Services Law;
18 Senate Print 4440, by Senator
19 Gianaris, an act to amend the Executive Law;
20 Senate Print 4804B, by
21 Senator Ranzenhofer, an act to amend the
22 Local Finance Law;
23 Senate Print 4865A, by
24 Senator Hoylman, an act to amend the
25 Real Property Actions and Proceedings Law;
6587
1 Senate Print 5348A, by
2 Senator Kennedy, an act to amend the Vehicle and
3 Traffic Law;
4 Senate Print 5414C, by
5 Senator Gounardes, an act to amend the
6 Retirement and Social Security Law;
7 Senate Print 5552, by
8 Senator Persaud, an act to amend the
9 Social Services Law;
10 Senate Print 5612A, by
11 Senator Harckham, an act to amend the
12 Environmental Conservation Law;
13 Senate Print 5714, by Senator
14 O'Mara, an act to amend the Correction Law;
15 Senate Print 5810, by
16 Senator Montgomery, an act to amend the
17 Social Services Law;
18 Senate Print 5886A, by
19 Senator Gaughran, an act to amend the
20 Local Finance Law;
21 Senate Print 5903A, by
22 Senator Gounardes, an act to amend the
23 General Municipal Law;
24 Senate Print 6030, by Senator Mayer,
25 an act to direct the Department of State to
6588
1 conduct a study on the use of legal material in
2 an electronic format and access to such legal
3 materials;
4 Senate Print 6113A, by
5 Senator Carlucci, an act to amend the
6 Public Authorities Law;
7 Senate Print 6139, by
8 Senator Addabbo, an act to amend the Racing,
9 Pari-Mutuel Wagering and Breeding Law;
10 Senate Print 6253, by
11 Senator Breslin, an act to authorize Church of
12 God and Saints of Christ to file an application
13 for certain real property tax exemptions in the
14 City of Albany;
15 Senate Print 6255, by
16 Senator LaValle, an act to authorize the Town of
17 Brookhaven to extend the boundaries of the Rocky
18 Point Fire District to include the Village of
19 Shoreham;
20 Senate Print 6281A, by
21 Senator Hoylman, an act to amend the Hudson River
22 Park Act;
23 Senate Print 6285A, by Senator
24 Ranzenhofer, an act to authorize the Town of
25 Amherst, County of Erie, to alienate and
6589
1 discontinue the use of certain parklands;
2 Senate Print 6289A, by Senator May,
3 an act to amend the Tax Law and the Alcoholic
4 Beverage Control Law;
5 Senate Print 6331, by
6 Senator Parker, an act to amend the
7 Public Authorities Law;
8 Senate Print 6335, by
9 Senator Hoylman, an act to amend the
10 Civil Practice Law and Rules;
11 Senate Print 6359, by
12 Senator Addabbo, an act to amend the Racing,
13 Pari-Mutuel Wagering and Breeding Law;
14 Senate Print 6377A, by
15 Senator Seward, an act to amend the Highway Law;
16 Senate Print 6385, by
17 Senator Hoylman, an act to amend Chapter 164 of
18 the Laws of 2017;
19 Senate Print 6395, by
20 Senator Hoylman, an act to amend the
21 Civil Practice Law and Rules;
22 Senate Print 6409, by
23 Senator Gaughran, an act to amend the
24 Civil Practice Law and Rules;
25 Senate Print 6410, by
6590
1 Senator Kavanagh, an act to amend the
2 Private Housing Finance Law;
3 Senate Print 6417, by
4 Senator Gianaris, an act to amend the New York
5 City Civil Court Act;
6 Senate Print 6418A, by
7 Senator Parker, an act to amend the New York City
8 Charter;
9 Senate Print 6421B, by
10 Senator Myrie, an act to amend the Election Law;
11 Senate Print 6439, by
12 Senator Krueger, an act to amend the
13 Environmental Conservation Law;
14 Senate Print 6449, by
15 Senator Comrie, an act to amend the Election Law;
16 Senate Print 6450, by
17 Senator Comrie, an act to amend the Election Law;
18 Senate Print 6467, by Senator
19 Brooks, an act to amend the Executive Law;
20 Senate Print 6469, by Senator Ramos,
21 an act to amend the Labor Law;
22 Senate Print 6471, by
23 Senator Hoylman, an act to amend the
24 Civil Practice Law and Rules;
25 Senate Print 6472, by Senator
6591
1 Persaud, an act to amend the Family Court Act;
2 Senate Print 6475, by Senator
3 Bailey, an act to amend the Family Court Act;
4 Senate Print 6482A, by Senator
5 Breslin, an act to amend the Insurance Law;
6 Senate Print 6496, by
7 Senator Kavanagh, an act to amend the
8 Real Property Tax Law;
9 Senate Print 6499, by
10 Senator Comrie, an act to amend the
11 Private Housing Finance Law;
12 Senate Print 6508A, by
13 Senator Comrie, an act to authorize the assessor
14 of the County of Nassau to accept a retroactive
15 application for exemption from real property
16 taxes;
17 Senate Print 6525B, by
18 Senator Skoufis, an act to amend the Tax Law and
19 the State Finance Law;
20 Senate Print 6527, by Senator May,
21 an act to amend the Executive Law;
22 Senate Print 6533, by Senator
23 Montgomery, an act to amend the Family Court Act;
24 Senate Print 6534, by Senator
25 Montgomery, an act to amend the Family Court Act;
6592
1 Senate Print 6535, by Senator
2 Montgomery, an act to amend the Family Court Act;
3 Senate Print 6536, by
4 Senator Gianaris, an act to amend the
5 Civil Practice Law and Rules;
6 Senate Print 6541A, by Senator
7 Hoylman, an act to amend the Navigation Law;
8 Senate Print 6542, by
9 Senator Benjamin, an act to amend the Tax Law;
10 Senate Print 6550, by
11 Senator Bailey, an act to amend the
12 Criminal Procedure Law;
13 Senate Print 6551, by
14 Senator Kavanagh, an act to amend the
15 Local Emergency Housing Rent Control Act;
16 Senate Print 6553, by
17 Senator Metzger, an act establishing the New York
18 Task Force on Agricultural Investment;
19 Senate Print 6555, by
20 Senator Gounardes, an act to amend the
21 Executive Law;
22 Senate Print 6559, by
23 Senator Thomas, an act authorizing the
24 Commissioner of Education and the Chancellor of
25 the Board of Regents, with the approval of the
6593
1 Board of Regents, to appoint monitors to oversee
2 the Hempstead Union Free School District;
3 Senate Print 6567, by
4 Senator Harckham, an act requiring the payment of
5 prevailing wages to affected employees of the
6 Indian Point Nuclear Power Plant;
7 Senate Print 6568, by Senator
8 Thomas, an act directing the Division of Criminal
9 Justice Services to study the state of the police
10 department in the Village of Hempstead;
11 Senate Print 6591, by Senator
12 Harckham, an act to amend the Mental Hygiene Law;
13 Senate Print 6594, by Senator
14 Biaggi, an act to amend the Executive Law; and
15 Senate Print 6595, by Senator
16 Skoufis, an act to amend the Village Law.
17 All bills ordered direct to third
18 reading.
19 SENATOR GIANARIS: Move to accept
20 the report of the Rules Committee.
21 ACTING PRESIDENT BENJAMIN: All in
22 favor of accepting the report of the
23 Rules Committee signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT BENJAMIN:
6594
1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT BENJAMIN: The
4 Rules Committee report is accepted.
5 Senator Gianaris.
6 SENATOR GIANARIS: Can we now take
7 up the reading of the calendar.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 153, Senate Print 3292A, by Senator Ramos, an act
12 to amend the Labor Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 120th day after it
17 shall have become a law.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6595
1 THE SECRETARY: Calendar Number
2 179, Senate Print 2827, by Senator May, an act to
3 amend the Alcoholic Beverage Control Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 30th day after it
8 shall have become a law.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 179, voting in the negative:
16 Senators Amedore and Lanza.
17 Ayes, 58. Nays, 2.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 211, Senate Print 1411A, by Senator Parker, an
22 act to amend the Civil Rights Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
6596
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 211, those Senators voting in the
9 negative are Senators Gallivan and Martinez.
10 Also Senator Griffo.
11 Ayes, 57. Nays, 3.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 293, Assembly Print Number 2785A, substituted
16 earlier by Assemblymember Gottfried, an act to
17 amend the Social Services Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 120th day after it
22 shall have become a law.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
6597
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 439, Senate Print 4519A, by Senator Skoufis, an
8 act to amend the Public Service Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 SENATOR GIANARIS: Lay it aside for
12 the day, please.
13 ACTING PRESIDENT BENJAMIN: Lay it
14 aside for the day.
15 THE SECRETARY: Calendar Number
16 462, Assembly Print Number 2969A, substituted
17 earlier by Assemblymember Peoples-Stokes, an act
18 to amend the Insurance Law and the Public Health
19 Law.
20 SENATOR GRIFFO: Lay it aside.
21 ACTING PRESIDENT BENJAMIN: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
24 526, Assembly Print Number 1503, substituted
25 earlier by Assemblymember Vanel, an act directing
6598
1 the study of the future implementation of fifth
2 and future generation wireless network system
3 technology in the state.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 526, those Senators voting in the
15 negative are Senators Akshar, Funke and Seward.
16 Ayes, 57. Nays, 3.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 563, Senate Print 2575A, by Senator Bailey, an
21 act to amend the Executive Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6599
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN: Senator
5 Bailey to explain his vote.
6 SENATOR BAILEY: Thank you,
7 Mr. President.
8 I just wanted to thank, first and
9 foremost, Assemblyman Nick Perry for his work on
10 this bill for many years, and we were able to get
11 it to the floor of the Senate.
12 This was in response to the tragic
13 killing of an individual by the name of Jayson
14 Tirado, where a bullet was fired and it was not
15 reported by the officer that was on duty -- it
16 was never reported by the officer that the
17 firearm was discharged.
18 This bill simply would require that
19 within six hours, once a bullet is discharged,
20 that the officer or peace officer that discharged
21 the bullet would have to report that incident to
22 their superior. It's just a simple transparency
23 measure that I think will continue to bring law
24 enforcement and the community together. And for
25 that reason, Mr. President, I vote aye.
6600
1 ACTING PRESIDENT BENJAMIN: Senator
2 Bailey to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 563, those Senators voting in the
6 negative are Senators Akshar, Amedore, Funke,
7 Gallivan, Gaughran, Griffo, Helming, Jacobs,
8 Jordan, Lanza, Martinez, O'Mara, Ortt,
9 Ranzenhofer and Tedisco. Also Senator Robach.
10 Also Senator Ritchie. Also Senators Little and
11 Seward.
12 Ayes, 41. Nays, 19.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 566, Senate Print 3443, by Senator Harckham, an
17 act to amend the Real Property Tax Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect January 1, 2021.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN: Senator
6601
1 Harckham to explain his vote.
2 SENATOR HARCKHAM: Thank you,
3 Mr. President.
4 Yesterday we spoke about the impacts
5 of closing nuclear power plants. This is a
6 measure to help alleviate that for communities.
7 The spent fuel rods have real value,
8 whether they're in wet storage or dry storage.
9 And similarly, that will be there forever. You
10 know, that's the failure of federal policy to
11 find a place for spent nuclear fuel.
12 So as the school districts, the
13 towns and the villages lose the tax revenue, this
14 will allow them to assess a real value which
15 those rods do possess, and at least they will be
16 able to gain some value to continue to support
17 the school district and the activities of the
18 towns and the villages.
19 I fully support -- I say aye, and I
20 want to thank Assemblywoman Sandy Galef for
21 bringing this to the attention.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Harckham to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: In relation to
6602
1 Calendar Number 566, those Senators voting in the
2 negative are Senators Akshar, Amedore, Antonacci,
3 Funke, Gallivan, Griffo, Helming, Jacobs, Jordan,
4 O'Mara, Ortt, Ranzenhofer, Ritchie, Serino,
5 Seward and Tedisco. Also Senator Robach.
6 Ayes, 43. Nays, 17.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 592, Assembly Print Number 2166, substituted
11 earlier by Assemblymember Bichotte, an act to
12 amend the Economic Development Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 30th day after it
17 shall have become a law.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6603
1 THE SECRETARY: Calendar Number
2 612, Senate Print 93, by Senator Kaminsky, an act
3 to amend the Election Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 SENATOR BIAGGI: Lay the bill aside
9 for the day, please.
10 ACTING PRESIDENT BENJAMIN: Lay it
11 aside for the day.
12 THE SECRETARY: Calendar Number
13 646, Senate Print 5160, by Senator Kavanagh, an
14 act to amend the Real Property Actions and
15 Proceedings Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Senator Montgomery to explain her vote. Senator
25 Montgomery? Senator Montgomery, to explain your
6604
1 vote.
2 SENATOR MONTGOMERY: Thank you,
3 Mr. President.
4 I'm going to -- there are a number
5 of bills on today that I am happy to be
6 sponsoring, and this really is a -- if I may
7 speak on one of them, but with the intention of
8 drawing -- of saying that they really are all
9 related. And they're specifically relevant to
10 what we have done years ago, and that is
11 legislation to raise the age for young people who
12 are in trouble.
13 So these bills fill in some of the
14 gaps, and I will say briefly what they are meant
15 to do.
16 One of these bills is specifically
17 to allow for the courts to waive some of the fees
18 that are associated with young people going to
19 court. Another one of them is to make sure that
20 we do not use shackles on young people who are in
21 court if they're under 21. One of these bills is
22 to make sure that young people are given their
23 rights and explained their rights and that they
24 are videotaped from the initial interrogation
25 process.
6605
1 So if we -- if we -- that's what we
2 were talking about? What? I'm sorry, I'm
3 speaking on the wrong bill.
4 (Laughter.)
5 SENATOR MONTGOMERY: Should I go
6 ahead and continue and then I won't have to speak
7 on my bill? We'll come back to my bill.
8 Thank you. Sorry, Mr. President.
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 646, those Senators voting in the
13 negative are Senators Amedore, Antonacci,
14 Flanagan, Funke, Gallivan, Griffo, Helming,
15 Jacobs, Jordan, Ranzenhofer, Ritchie, Serino and
16 Seward. Also Senator Tedisco, Senator Robach and
17 Senator Ortt. Also Senator Little.
18 Ayes, 43. Nays, 17.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 740, Senate Print 5446, by Senator Carlucci, an
23 act to amend the Social Services Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
6606
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 740, voting in the negative:
10 Senator Martinez.
11 Ayes, 59. Nays, 1.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 758, Senate Print 3463, by Senator Rivera, an act
16 to amend the Public Health Law and the Insurance
17 Law.
18 SENATOR BIAGGI: Lay it aside for
19 the day.
20 ACTING PRESIDENT BENJAMIN: The
21 bill will be laid aside for the day.
22 THE SECRETARY: Calendar Number
23 847, Senate Print 5246A, by Senator Gounardes, an
24 act to amend the General Municipal Law.
25 ACTING PRESIDENT BENJAMIN: There
6607
1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 870, Assembly Print Number 2374, substituted
15 earlier by Assemblymember Dinowitz, an act to
16 amend the General Business Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 60th day after it
21 shall have become a law.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
6608
1 Announce the results.
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 920, Senate Print 3845, by Senator Helming, an
7 act to authorize Brad Steve to receive certain
8 service credit under Section 384-d of the
9 Retirement and Social Security Law.
10 ACTING PRESIDENT BENJAMIN: There
11 is a home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 924, Senate Print 5205A, by Senator Gounardes, an
25 act to amend the Civil Service Law.
6609
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 924, those Senators voting in the
12 negative are Senators Akshar, Funke, Gallivan,
13 Griffo, Helming, Jacobs, Lanza, LaValle, O'Mara,
14 Ortt, Ranzenhofer, Ritchie, Robach, Serino and
15 Seward. Also Senator Little.
16 Ayes, 44. Nays, 16.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 931, Senate Print 2613A, by Senator Harckham, an
21 act to amend the Real Property Tax Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6610
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 931, those Senators voting in the
8 negative are Senators Amedore, Funke, Gallivan,
9 Griffo, Helming, Jacobs, Jordan, Lanza, Little,
10 O'Mara, Ortt, Ranzenhofer, Robach, Seward and
11 Tedisco.
12 Ayes, 45. Nays, 15.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 945, Senate Print 5865A, by Senator Griffo, an
17 act to authorize the Town of New Hartford, in the
18 County of Oneida, to alienate certain parklands
19 and to dedicate other lands as parklands.
20 ACTING PRESIDENT BENJAMIN: There
21 is a home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 7. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
6611
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 946, Senate Print 5895, by Senator Gaughran, an
10 act to amend the General Municipal Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 976, Senate Print 6172, by Senator Martinez, an
25 act to amend the Executive Law.
6612
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 976, voting in the negative:
12 Senator Jordan.
13 Ayes, 59. Nays, 1.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1063, Assembly Print Number 4267A, substituted
18 earlier by Assemblymember Hevesi, an act to amend
19 the Real Property Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
6613
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1064, Senate Print 4504A, by Senator Parker, an
9 act to amend the Civil Practice Law and Rules.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1064, those Senators voting in
21 the negative are Senators Antonacci, Funke,
22 Gallivan, Griffo, Helming, Jacobs, Jordan,
23 LaValle, O'Mara, Ortt, Ranzenhofer and Serino.
24 Ayes, 48. Nays, 12.
25 ACTING PRESIDENT BENJAMIN: The
6614
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1161, Assembly Print Number 7634A, substituted
4 earlier by Assemblymember McDonald, an act to
5 amend Chapter 450 of the Laws of 2018.
6 ACTING PRESIDENT BENJAMIN: There
7 is a home-rule message at the desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1240, Senate Print 2458A, by Senator Akshar, an
21 act authorizing the Town of Hancock, County of
22 Delaware, to alienate and convey certain parcels
23 of land.
24 ACTING PRESIDENT BENJAMIN: There
25 is a home-rule message at the desk.
6615
1 Read the last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1355, Senate Print 5974A, by Senator Carlucci, an
14 act to amend the Election Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1355, those Senators voting in
6616
1 the negative are Senators Akshar, Amedore,
2 Antonacci, Flanagan, Funke, Gallivan, Griffo,
3 Helming, Jordan, Lanza, O'Mara, Ortt,
4 Ranzenhofer, Ritchie, Robach, Serino, Seward and
5 Tedisco. Also Senator Little.
6 Ayes, 41. Nays, 19.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1377, Senate Print 2371B, by Senator Kaminsky, an
11 act to amend the Penal Law.
12 SENATOR GIANARIS: Lay it aside for
13 the day.
14 ACTING PRESIDENT BENJAMIN: The
15 bill will be laid aside for the day.
16 THE SECRETARY: Calendar Number
17 1446, Senate Print 6320A, by Senator Bailey, an
18 act to amend the Public Housing Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
6617
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1450, Senate Print 6352, by Senator Kaplan, an
8 act to amend the Civil Practice Law and Rules.
9 SENATOR GIANARIS: Lay it aside for
10 the day, please.
11 ACTING PRESIDENT BENJAMIN: The
12 bill will be laid aside for the day.
13 THE SECRETARY: Calendar Number
14 1500, Senate Print 4223, by Senator Harckham, an
15 act to amend the General Municipal Law.
16 ACTING PRESIDENT BENJAMIN: There
17 is a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
6618
1 THE SECRETARY: In relation to
2 Calendar Number 1500, those Senators voting in
3 the negative are Senators Amedore, Antonacci,
4 Flanagan, Funke, Gallivan, Griffo, Helming,
5 Jacobs, Jordan, LaValle, O'Mara, Ortt,
6 Ranzenhofer, Ritchie, Serino and Tedisco.
7 Ayes, 44. Nays, 16.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1523, Senate Print 6257A, by Senator Harckham, an
12 act in relation to authorizing the comptroller of
13 the Town of Mount Pleasant to refund fees.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6619
1 THE SECRETARY: Calendar Number
2 1547, Senate Print 4189A, by Senator Kennedy, an
3 act to amend the Transportation Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day after it
8 shall have become a law.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1547, voting in the negative:
16 Senator Amedore.
17 Ayes, 59. Nays, 1.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1554, Senate Print 5157A, by Senator Breslin, an
22 act to amend the Real Property Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
6620
1 act shall take effect October 1, 2019.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1589, Senate Print 6554, by Senator Metzger, an
12 act to amend the Agriculture and Markets Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 120th day after it
17 shall have become a law.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6621
1 THE SECRETARY: Calendar Number
2 1635, Senate Print 6457A, by Senator Gianaris, an
3 act to amend the Election Law.
4 SENATOR GRIFFO: Lay it aside.
5 ACTING PRESIDENT BENJAMIN: Lay it
6 aside.
7 THE SECRETARY: Calendar Number
8 1650, Senate Print 6524, by Senator Gounardes, an
9 act to amend the Civil Service Law.
10 SENATOR GIANARIS: Lay the bill
11 aside temporarily.
12 ACTING PRESIDENT BENJAMIN: Lay it
13 aside temporarily.
14 THE SECRETARY: Calendar Number
15 1654, Senate Print 6544A, by Senator Krueger, an
16 act to amend the Financial Services Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
6622
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1656, Senate Print 6557, by Senator Gallivan, an
6 act to amend the Environmental Conservation Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1657, Senate Print 6560, by Senator Persaud, an
22 act to amend the Family Court Act and the
23 Domestic Relations Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
6623
1 THE SECRETARY: Section 6. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1659, Senate Print 6573, by Senator Hoylman, an
13 act to amend the Penal Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN: Senator
22 Hoylman to explain his vote.
23 SENATOR HOYLMAN: Thank you,
24 Mr. President.
25 This bill, which was introduced at
6624
1 the request of the Governor, and the language of
2 which has been negotiated between the Senate and
3 the Assembly, would limit the extreme emotional
4 disturbance defense to murder in the first
5 degree, murder in the second degree, and
6 aggravated murder.
7 The bill would provide that the
8 defense is not available when the defendant
9 killed the victim as a result of the discovery,
10 knowledge or disclosure of the victim's sexual
11 orientation, sex, gender, gender identity, gender
12 expression, or sex assigned at birth. No
13 longer -- once we pass this bill,
14 Mr. President -- would a victim's sexual
15 orientation or gender identity or expression be
16 weaponized against them after their murder.
17 This bill is dedicated to the memory
18 of Matthew Shepard and Islan Nettles, two proud
19 members of the LGBT community who were murdered
20 and whose sexual orientation and gender identity
21 and expression was used against them.
22 I vote aye.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Hoylman to be recorded in the affirmative.
25 Announce the results.
6625
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1660, Senate Print 6574, by Senator Biaggi, an
6 act to amend the Criminal Procedure Law and the
7 Civil Practice Law and Rules.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1660, those Senators voting in
19 the negative are Senators Akshar, Lanza and
20 Ranzenhofer.
21 Ayes, 58. Nays, 3.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1661, Senate Print 6575, by Senator Sanders, an
6626
1 act to amend the Executive Law.
2 SENATOR GRIFFO: Lay it aside.
3 ACTING PRESIDENT BENJAMIN: Lay it
4 aside.
5 THE SECRETARY: Calendar Number
6 1662, Senate Print 6576, by Senator Kavanagh, an
7 act to amend a chapter of the Laws of 2019.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the same date and in the
12 same manner as a chapter of the Laws of 2019.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1663, Senate Print 6577, by Senator Biaggi, an
23 act to amend the Executive Law.
24 SENATOR GIANARIS: Lay it aside
25 temporarily.
6627
1 ACTING PRESIDENT BENJAMIN: Lay it
2 aside temporarily.
3 THE SECRETARY: Calendar Number
4 1664, Senate Print 6578, by Senator Ramos, an act
5 to amend the Labor Law.
6 SENATOR GRIFFO: Lay it aside.
7 ACTING PRESIDENT BENJAMIN: Lay it
8 aside.
9 THE SECRETARY: Calendar Number
10 1667, Senate Print 5294A, by Senator Ramos, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 9. This
15 act shall take effect on the 180th day after it
16 shall have become a law.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN: Senator
21 Ramos to explain her vote.
22 SENATOR RAMOS: Thank you,
23 Mr. President.
24 I rise to explain why this bill is
25 so important, twofold. One is legalizing e-bikes
6628
1 really does protect our immigrant delivery
2 workers.
3 New Yorkers love things done fast,
4 quickly and well, and oftentimes nowadays
5 restaurants are requiring our immigrant delivery
6 workers to own e-bikes. And so by legalizing
7 them we're ensuring that the crackdown,
8 specifically by the NYPD, is finally put to rest.
9 These folks have been stopped, ticketed $500
10 apiece, which is oftentimes much more than what
11 they make in wages. Many times they have their
12 bikes confiscated, which is obviously a very
13 important tool of their trade.
14 But this also is about micromobility
15 and allowing that e-bike and e-scooters both
16 contribute, hopefully, to alternatives to cars in
17 places where it makes sense. And that's why
18 we're trusting that each local government will be
19 able to make the right decisions for
20 implementation for themselves.
21 So I want to thank my leader, Andrea
22 Stewart-Cousins, and my colleagues, both on this
23 side of the aisle and across, who have been so
24 supportive of this measure. Thank you.
25 ACTING PRESIDENT BENJAMIN:
6629
1 Senator Ramos to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1667, those Senators voting in
5 the negative are Senators Akshar, Felder, Jacobs,
6 LaValle and Little.
7 Ayes, 56. Nays, 5.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1668, Senate Print 6293A, by Senator Comrie, an
12 act to authorize, for certain public works
13 undertaken pursuant to project labor agreements.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 14. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1668, voting in the negative:
25 Senator LaValle.
6630
1 Ayes, 60. Nays, 1.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1669, Senate Print 6372A, by Senator Comrie, an
6 act establishing the "Gateway Development
7 Commission Act."
8 SENATOR GIANARIS: Lay it aside
9 temporarily.
10 ACTING PRESIDENT BENJAMIN: Lay it
11 aside temporarily.
12 THE SECRETARY: Calendar Number
13 1670, Senate Print 6532A, by Senator Kavanagh, an
14 act to amend the Election Law.
15 SENATOR GRIFFO: Lay it aside.
16 ACTING PRESIDENT BENJAMIN: Lay it
17 aside.
18 Senator Gianaris, that completes the
19 reading of today's calendar.
20 SENATOR GIANARIS: Can we now take
21 up the reading of the supplemental calendar.
22 ACTING PRESIDENT BENJAMIN: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 1673, Senate Print 934, by Senator O'Mara, an act
6631
1 in relation to authorizing state reimbursement to
2 the Jasper-Troupsburg Central School District.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 There is a substitution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Skoufis
18 moves to discharge, from the Committee on Rules,
19 Assembly Bill Number 7289 and substitute it for
20 the identical Senate Bill 1681, Third Reading
21 Calendar 1674.
22 ACTING PRESIDENT BENJAMIN: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
6632
1 1674, Assembly Print Number 7289, by
2 Assemblymember Barrett, an act to amend the
3 Real Property Tax Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the second of January.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1675, Senate Print 2000A, by Senator Hoylman, an
18 act to amend the Environmental Conservation Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect December 31, 2021.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
6633
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1675, those Senators voting in
5 the negative are Senators Amedore, Funke, Little,
6 Ortt, Ranzenhofer and Robach.
7 Ayes, 55. Nays, 6.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1676, Senate Print 2313, by Senator Skoufis, an
12 act to amend the Real Property Tax Law and the
13 Tax Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first of January.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6634
1 THE SECRETARY: Calendar Number
2 1677, Senate Print 2385, by Senator Parker, an
3 act to amend the Environmental Conservation Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of January.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 There is a substitution at the desk.
17 The Secretary will read.
18 THE SECRETARY: Senator Myrie moves
19 to discharge, from the Committee on Rules,
20 Assembly Bill Number 1454 and substitute it for
21 the identical Senate Bill Number 3146, Third
22 Reading Calendar 1678.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 The Secretary will read.
6635
1 THE SECRETARY: Calendar Number
2 1678, Assembly Print Number 1454, by
3 Assemblymember Buchwald, an act to amend the
4 Election Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of January.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 There is a substitution at the desk.
18 The Secretary will read.
19 THE SECRETARY: Senator Gounardes
20 moves to discharge, from the Committee on Rules,
21 Assembly Bill Number 4079B and substitute it for
22 the identical Senate Bill Number 3168B, Third
23 Reading Calendar 1679.
24 ACTING PRESIDENT BENJAMIN: The
25 substitution is so ordered.
6636
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1679, Assembly Print Number 4079B, by
4 Assemblymember Joyner, an act to amend the
5 General Municipal Law and the Retirement and
6 Social Security Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect July 1, 2019.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator LaValle
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 5806 and substitute it for
24 the identical Senate Bill Number 3329, Third
25 Reading Calendar 1680.
6637
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1680, Assembly Print Number 5806, by
6 Assemblymember Palumbo, an act to amend the
7 Chapter 399 of the Laws of 2008.
8 ACTING PRESIDENT BENJAMIN: There
9 is a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1681, Senate Print 3439A, by Senator Myrie, an
24 act directing the Metropolitan Transportation
25 Authority to rename certain subway stations.
6638
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1682, Senate Print 3457, by Senator Montgomery,
15 an act to amend the Criminal Procedure Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Senator Montgomery to explain her vote.
25 SENATOR MONTGOMERY: Yes, thank
6639
1 you, Mr. President, on the -- finally on the
2 right bill.
3 I want to first of all thank our
4 Majority Leader for her consistent support on
5 this issue, the larger issue being what do we do,
6 how do we treat young people in our criminal
7 justice, juvenile justice court system.
8 And so this is really an extension
9 of the laws that we already passed in prior years
10 to raise the age for young people in our state.
11 So this one, along with several others that we
12 will be passing today, looks to address issues
13 related to what happens to young people when they
14 go to court. And in this particular case it will
15 allow the courts to allow us to waive the fees
16 that are quite onerous when it comes to people
17 who find themselves having to go to court before
18 a judge.
19 And we will also be passing
20 legislation that will require a videotaping of
21 interrogations of young people. That was a very
22 major issue in the Central Park 5. And if we had
23 had that back at that time, we may have had a
24 different outcome for those young people.
25 We're also going to be doing
6640
1 legislation which will prevent young people from
2 being shackled when they're in court. Unless
3 it's absolutely necessary, we do not have to
4 shackle them.
5 We're also passing legislation today
6 that will require a more definitive plan for
7 young people who are going to be coming back to
8 their community from having been away at a
9 facility away from their home. So that there
10 will be a plan for them, how do we address their
11 lives going forward, help them putting back their
12 lives in their community, in their schools, and
13 with people who they should be able to
14 reintegrate with, and their families.
15 So I'm very happy, thankful. I
16 thank the central staff. They've been very, very
17 significantly helpful in helping us to put
18 together this program. And I am just only very
19 happy that finally we will treat children as
20 children in this criminal justice, juvenile
21 justice system, and hopefully will help them get
22 back on track but treat them with the dignity
23 that they deserve and with the recognition that
24 if we do this right, young people can turn their
25 lives around, they do not have to end up going
6641
1 further into the criminal justice system.
2 So with that, thank you,
3 Mr. President. I vote aye on this. And I will
4 be voting aye on all of those. And I thank my
5 colleagues for also supporting this -- these
6 bills that we have before us today. Thank you.
7 I vote aye.
8 ACTING PRESIDENT BENJAMIN:
9 Senator Montgomery to be recorded in the
10 affirmative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 1682, those Senators voting in
14 the negative are Senators Akshar, Amedore,
15 Antonacci, Flanagan, Funke, Gallivan, Griffo,
16 Helming, Jacobs, Jordan, LaValle, Little, O'Mara,
17 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
18 Seward and Tedisco. Also Senator Boyle.
19 Ayes, 40. Nays, 21.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 Sergeants, please make sure to keep
23 the doors closed. Thank you.
24 There is a substitution at the desk.
25 The Secretary will read.
6642
1 THE SECRETARY: Senator Skoufis
2 moves to discharge, from the Committee on Rules,
3 Assembly Bill Number 4436 and substitute it for
4 the identical Senate Bill Number 3801, Third
5 Reading Calendar 1683.
6 ACTING PRESIDENT BENJAMIN: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1683, Assembly Print Number 4436, by
11 Assemblymember Abbate, an act to amend the
12 Retirement and Social Security Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
6643
1 1684, Senate Print 3851, by Senator Sanders, an
2 act to amend the General Business Law.
3 SENATOR BRESLIN: Lay it aside for
4 the day.
5 ACTING PRESIDENT BENJAMIN: The
6 bill will be laid aside for the day.
7 THE SECRETARY: Calendar Number
8 1685, Senate Print 3860, by Senator Lanza, an act
9 to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1686, Senate Print 3909A, by Senator Kaminsky, an
24 act to amend the Executive Law.
25 ACTING PRESIDENT BENJAMIN: Read
6644
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 Calendar Number 1687 is high and
14 will be laid aside for the day.
15 There is a substitution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Carlucci
18 moves to discharge, from the Committee on Aging,
19 Assembly Bill Number 4109B and substitute it for
20 the identical Senate Bill Number 4285A, Third
21 Reading Calendar 1688.
22 ACTING PRESIDENT BENJAMIN: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
6645
1 1688, Assembly Print Number 4109B, by
2 Assemblymember Gunther, an act to amend the
3 Social Services Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1689, Senate Print 4440, by Senator Gianaris, an
18 act to amend the Executive Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
6646
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1690, Senate Print 4804B, by Senator Ranzenhofer,
8 an act to amend the Local Finance Law.
9 ACTING PRESIDENT BENJAMIN: There
10 is a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1691, Senate Print 4865A, by Senator Hoylman, an
24 act to amend the Real Property Actions and
25 Proceedings Law.
6647
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN: Senator
9 Hoylman to explain his vote.
10 SENATOR HOYLMAN: Thank you,
11 Mr. President.
12 This legislation is about ensuring
13 that predatory real estate speculators can't take
14 advantage of families who inherit property after
15 the death of a loved one by filing a partition
16 action in court to force the sale of that
17 property for a below-market value.
18 There was a NY1 investigative piece
19 that I saw that showed how predatory speculators
20 operating in places like Brooklyn brought this
21 issue to our attention.
22 Under the current law, when a
23 property has multiple owners holding the tenants
24 as tenants in common, an owner can force a sale
25 of the property by filing a partition action.
6648
1 This legislation would make it such that
2 co-owners would have the right of first refusal
3 to buy out any co-owners such as real estate
4 speculators seeking that partition and require
5 the courts to prioritize partitions in kind,
6 dividing the property, and ensure that
7 court-ordered sales are done on the open market
8 for fair market value.
9 I wanted to thank Senator
10 Montgomery, Assemblymember Tremaine Wright, and
11 our colleague across in the other house,
12 Assemblymember Jeff Dinowitz, for supporting this
13 legislation.
14 I vote aye.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Hoylman to be recorded in the affirmative.
17 Senator Montgomery to explain her
18 vote.
19 SENATOR MONTGOMERY: Yes,
20 Mr. President, I rise to just thank my colleague
21 Senator Hoylman for this legislation. It
22 certainly is a very serious issue for many of the
23 homeowners in my district and I think across the
24 city.
25 And as you know, we had a hearing
6649
1 earlier in the year where a number of people came
2 to talk about issues specifically relevant to
3 homeowners and the issues around people being
4 fraudulently fleeced out of their properties.
5 And this was one of those ways that it's
6 happened.
7 So I want to thank you for this
8 legislation. And I know that Senator Kavanagh
9 was also at that hearing. A number of us heard
10 from our -- people come to us to say please do
11 something to make sure this doesn't happen to the
12 properties that we inherited.
13 So thank you, and I vote aye.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Montgomery to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1692, Senate Print 5348A, by Senator Kennedy, an
22 act to amend the Vehicle and Traffic Law.
23 SENATOR BRESLIN: Lay it aside
24 temporarily.
25 ACTING PRESIDENT BENJAMIN: Lay it
6650
1 aside temporarily.
2 THE SECRETARY: Calendar 1693 is
3 high and will be laid aside for the day.
4 THE SECRETARY: Calendar Number
5 1694, Senate Print 5552, by Senator Persaud, an
6 act to amend the Social Services Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of April.
11 SENATOR O'MARA: Call the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1694, those Senators voting in
17 the negative are Senators Akshar, Amedore,
18 Antonacci, Flanagan, Funke, Gallivan, Griffo,
19 Helming, Jacobs, Jordan, LaValle, O'Mara,
20 Ranzenhofer, Ritchie, Robach, Serino, Seward and
21 Tedisco.
22 Ayes, 44. Nays, 18.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
6651
1 1695, Senate Print 5612A, by Senator Harckham, an
2 act to amend the Environmental Conservation Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 90th day after it
7 shall have become a law.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1695, those Senators voting in
15 the negative are Senators Akshar, Funke,
16 Gallivan, Griffo, Jordan, Little, O'Mara, Ortt,
17 Ranzenhofer, Ritchie and Robach.
18 Ayes, 51. Nays, 11.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1696, Senate Print 5714, by Senator O'Mara, an
23 act to amend the Correction Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
6652
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1697, Senate Print 5810, by Senator Montgomery,
13 an act to amend the Social Services Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1697, those Senators voting in
25 the negative are Senators Akshar, Amedore,
6653
1 Antonacci, Boyle, Funke, Gallivan, Griffo,
2 Jacobs, Jordan, Lanza, LaValle, O'Mara, Ortt,
3 Ranzenhofer, Ritchie, Robach, Serino, Seward and
4 Tedisco.
5 Ayes, 43. Nays, 19.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1698, Senate Print 5886A, by Senator Gaughran, an
10 act to amend the Local Finance Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of January.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1699, Senate Print 5903A, by Senator Gounardes,
25 an act to amend the General Municipal Law.
6654
1 ACTING PRESIDENT BENJAMIN: There
2 is a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Mayer moves
17 to discharge, from the Committee on Finance,
18 Assembly Bill Number 382 and substitute it for
19 the identical Senate Bill Number 6030, Third
20 Reading Calendar 1700.
21 ACTING PRESIDENT BENJAMIN: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1700, Assembly Print Number 382, by
6655
1 Assemblymember Lifton, an act to direct the
2 Department of State to conduct a study on the use
3 of legal material in an electronic format.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1700, voting in the negative:
15 Senator Akshar.
16 Ayes, 61. Nays, 1.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Carlucci
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 7587A and substitute it for
24 the identical Senate Bill Number 6113A, Third
25 Reading Calendar 1702.
6656
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1702, Assembly Print Number 7587A, by
6 Assemblymember Abinanti, an act to amend the
7 Public Authorities Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the 120th day after it
12 shall have become a law.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN: Senator
17 Carlucci to explain his vote.
18 SENATOR CARLUCCI: Thank you,
19 Mr. President.
20 I want to thank my colleagues for
21 supporting this legislation. The Toll Payer
22 Protection Act was born of a barrage of phone
23 calls and emails and other complaints that I
24 received in my office after the cashless tolling
25 went into effect on the Tappan Zee Bridge. We
6657
1 saw residents were hit with what was supposed to
2 be a $5 toll was turning into a $100 fine each
3 time they went across. Many residents didn't
4 even realize they had these outstanding fines
5 until it was sent to collection.
6 The Toll Payer Protection Act puts
7 in safeguards for toll payers, protects our data,
8 puts a freeze on the time that bills can be sent
9 to collection, allows us to get notified in a
10 timely manner, we can sign up for texts, for
11 email alerts, have a dispute system in place to
12 make sure that consumers, that toll payers have
13 recourse if they've been wrongly charged a toll
14 and a fine.
15 This legislation will go a long way
16 in protecting residents in our communities.
17 Unfortunately, I've seen residents with thousands
18 of dollars in tolls -- or fines, literally
19 driving them into debt.
20 So I want to thank my colleagues for
21 supporting this. I'm hopeful that the Governor
22 will sign it into law and make it a reality in
23 New York State.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BENJAMIN: Senator
6658
1 Carlucci to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1702, voting in the negative:
5 Senator Ranzenhofer.
6 Ayes, 61. Nays, 1.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1703, Senate Print 6139, by Senator Addabbo, an
11 act to amend the Racing, Pari-Mutuel Wagering and
12 Breeding Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 14. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1703, those Senators voting in
24 the negative are Senators Flanagan, Griffo,
25 Jordan, LaValle, Ortt, Ranzenhofer, Serino and
6659
1 Seward. Also Senator Lanza.
2 Ayes, 53. Nays, 9.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: Senator Breslin
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 8112 and substitute it for
10 the identical Senate Bill Number 6253, Third
11 Reading Calendar 1704.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1704, Assembly Print Number 8112, by
17 Assemblymember McDonald, an act to authorize
18 Church of God and Saints of Christ to file an
19 application for certain real property tax
20 exemptions.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
6660
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1704, those Senators voting in
7 the negative are Senators Akshar, Antonacci and
8 O'Mara.
9 Ayes, 59. Nays, 3.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1705, Senate Print 6255, by Senator LaValle, an
14 act to authorize the Town of Brookhaven to extend
15 the boundaries of the Rocky Point Fire District.
16 ACTING PRESIDENT BENJAMIN: There
17 is a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
6661
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1706, Senate Print 6281A, by Senator Hoylman, an
6 act to amend the Hudson River Park Act.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN: Senator
15 Hoylman to explain his vote.
16 SENATOR HOYLMAN: Thank you,
17 Mr. President.
18 You know, I represent the Hudson
19 River Park, along with Senators Jackson and
20 Kavanagh. It runs from 59th Street down to the
21 Battery. The park itself is insured by both the
22 State of New York and the city. But Route 9A,
23 which is the highway along the park and the
24 bikeway, is left in a gray area.
25 There was a terrible incident there
6662
1 that occurred in 2017, a terror attack that I
2 think we're all too familiar with that killed
3 eight people and injured 11 others along the
4 bikeway. Following that attack, the Hudson River
5 Park Trust annual insurance costs ballooned from
6 about $2 million to over $3 million. They are
7 not indemnified by the State of New York even
8 though that bikeway is entirely 100 percent state
9 property.
10 The state should have the sole
11 financial responsibility for the liabilities and
12 insurance. And to minimize the costs of Hudson
13 River Park's liability, the state's obligations
14 to Route 9A should be met separately from any
15 insurance policy held by the Hudson River Park
16 Trust.
17 Thank you to my colleagues for their
18 support of this legislation. I vote aye.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Hoylman to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
6663
1 1707, Senate Print 6285A, by Senator Ranzenhofer,
2 an act to authorize the Town of Amherst.
3 ACTING PRESIDENT BENJAMIN: There
4 is not a home-rule message available at the desk.
5 The bill will be laid aside for the day.
6 There is a substitution at the desk.
7 The Secretary will read.
8 THE SECRETARY: Senator May moves
9 to discharge, from the Committee on Rules,
10 Assembly Bill Number 7947A and substitute it for
11 the identical Senate Bill 6289A, Third Reading
12 Calendar 1708.
13 ACTING PRESIDENT BENJAMIN: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1708, Assembly Print Number 7947A, by
18 Assemblymember Lupardo, an act to amend the
19 Tax Law and the Alcoholic Beverage Control Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
6664
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 1708, those Senators voting in
6 the negative are Senators Akshar, Amedore,
7 Antonacci, Boyle, Flanagan, Funke, Gallivan,
8 Helming, Jacobs, Jordan, Lanza, LaValle, O'Mara,
9 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
10 Seward and Tedisco.
11 Ayes, 42. Nays, 20.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1709, Senate Print 6331, by Senator Parker, an
16 act to amend the Public Authorities Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 30th day after it
21 shall have become a law.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
6665
1 Announce the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1710, Senate Print 6335, by Senator Hoylman, an
7 act to amend the Civil Practice Law and Rules.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 SENATOR BRESLIN: Lay it aside
11 temporarily.
12 ACTING PRESIDENT BENJAMIN: Lay it
13 aside temporarily.
14 THE SECRETARY: Calendar Number
15 1711, Senate Print 6359, by Senator Addabbo, an
16 act to amend the Racing, Pari-Mutuel Wagering and
17 Breeding Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
6666
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 1711, voting in the negative:
4 Senator LaValle.
5 Ayes, 61. Nays, 1.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1712, Senate Print 6377A, by Senator Seward, an
10 act to amend the Highway Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 There is a substitution at the desk.
24 The Secretary will read.
25 THE SECRETARY: Senator Hoylman
6667
1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 8189 and substitute it for
3 the identical Senate Bill 6385, Third Reading
4 Calendar 1713.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1713, Assembly Print Number 8189, by
10 Assemblymember Dinowitz, an act to amend
11 Chapter 164 of the Laws of 2017.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1714, Senate Print 6395, by Senator Hoylman, an
6668
1 act to amend the Civil Practice Law and Rules.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1714, voting in the negative:
13 Senator Ranzenhofer.
14 Ayes, 61. Nays, 1.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1715, Senate Print 6409, by Senator Gaughran, an
19 act to amend the Civil Practice Law and Rules.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
6669
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1716, Senate Print 6410, by Senator Kavanagh, an
9 act to amend the Private Housing Finance Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 10. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 There is a substitution at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator Gianaris
25 moves to discharge, from the Committee on Rules,
6670
1 Assembly Bill Number 7525 and substitute it for
2 the identical Senate Bill Number 6417, Third
3 Reading Calendar 1717.
4 ACTING PRESIDENT BENJAMIN: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1717, Assembly Print Number 7525, by
9 Assemblymember DenDekker, an act to amend the
10 New York City Civil Court Act.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1718, Senate Print 6418A, by Senator Parker, an
25 act to amend the New York City Charter.
6671
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 7. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1718, those Senators voting in
12 the negative are Senators Amedore, Gallivan,
13 Helming, Jordan, Ranzenhofer, Jacobs, O'Mara,
14 Ortt and Serino.
15 Ayes, 53. Nays, 9.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1719, Senate Print 6421B, by Senator Myrie, an
20 act to amend the Election Law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
6672
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1719, those Senators voting in
7 the negative are Senators Akshar, Amedore,
8 Antonacci, Boyle, Flanagan, Gallivan, Griffo,
9 Helming, Jacobs, Jordan, Lanza, Little, O'Mara,
10 Ortt, Ranzenhofer, Ritchie, Serino, Seward and
11 Tedisco. Also Senator LaValle.
12 Ayes, 42. Nays, 20.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 There is a substitution at the desk.
16 The Secretary will read.
17 THE SECRETARY: Senator Krueger
18 moves to discharge, from the Committee on Rules,
19 Assembly Bill Number 8056 and substitute it for
20 the identical Senate Bill 6439, Third Reading
21 Calendar 1720.
22 ACTING PRESIDENT BENJAMIN: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
6673
1 1720, Assembly Print Number 8056, by
2 Assemblymember Epstein, an act to amend the
3 Environmental Conservation Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of April.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 There is a substitution at the desk.
17 The Secretary will read.
18 THE SECRETARY: Senator Comrie
19 moves to discharge, from the Committee on Rules,
20 Assembly Bill Number 3543 and substitute it for
21 the identical Senate Bill Number 6449, Third
22 Reading Calendar 1721.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 The Secretary will read.
6674
1 THE SECRETARY: Calendar Number
2 1721, Assembly Print Number 3543, by
3 Assemblymember Carroll, an act to amend the
4 Election Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1722, Senate Print 6450, by Senator Comrie, an
19 act to amend the Election Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 15th of December.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
6675
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 There is a substitution at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator Brooks
10 moves to discharge, from the Committee on Rules,
11 Assembly Bill Number 8095A and substitute it for
12 the identical Senate Bill Number 6467, Third
13 Reading Calendar 1723.
14 ACTING PRESIDENT BENJAMIN: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1723, Assembly Print Number 8095A, by
19 Assemblymember Barrett, an act to amend the
20 Executive Law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 60th day after it
25 shall have become a law.
6676
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN: Senator
5 Ortt to explain his vote.
6 SENATOR ORTT: Yes, thank you,
7 Mr. President. I rise to explain my vote.
8 This may be a veterans bill, but I
9 do not believe it is a good or necessarily a
10 needed veterans bill.
11 There are already veterans county
12 service officers, and I know there's another bill
13 that will address them. But there are already
14 channels whereby a veteran who wants to challenge
15 or try to get his discharge changed -- there
16 are avenues and ways to do that.
17 The fact of the matter is the
18 majority of veterans who have less than honorable
19 or dishonorable charges have them for a very good
20 reason. And I don't think we need to be creating
21 separate boards here at the state level to try to
22 tackle what is not only a federal issue, but in
23 some cases we're expending resources and time on
24 veterans who quite frankly have dishonorable or
25 less than honorable discharges for very good
6677
1 reasons, that the military and the Department of
2 Defense has verified.
3 And we already have avenues -- if
4 there are veterans who want to pursue changes or
5 appeal, they can go through their county veteran
6 service officers, they can go through the VA.
7 There's already veterans groups that lobby the
8 federal government -- the American Legion, the
9 VFW -- that all have resources to try and assist
10 veterans with these kinds of issues.
11 But I don't think this is a
12 necessary bill or an area, quite frankly, that we
13 need to be addressing here in the New York State
14 Senate.
15 So while I often support my
16 colleague across the aisle, chair of the Veterans
17 Committee, as we try to assist veterans, I just
18 don't believe this bill is necessary or certainly
19 needed at this time, and I will be voting in the
20 negative.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Ortt to be recorded in the negative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1723, those Senators voting in
6678
1 the negative are Senators Akshar, Amedore,
2 Antonacci, Flanagan, Funke, Gallivan, Griffo,
3 Jacobs, Jordan, Lanza, O'Mara, Ortt, Ranzenhofer,
4 Robach, Serino, Seward and Tedisco. Also
5 Senator LaValle. Also Senator Boyle.
6 Ayes, 43. Nays, 19.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 There is a substitution at the desk.
10 The Secretary will read.
11 THE SECRETARY: Senator Ramos moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 8035 and substitute it for
14 the identical Senate Bill Number 6469, Third
15 Reading Calendar 1724.
16 ACTING PRESIDENT BENJAMIN: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1724, Assembly Print 8035, by Assemblymember
21 Fall, an act to amend the Labor Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6679
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 1724, those Senators voting in
8 the negative are Senators Gallivan, Griffo,
9 Jacobs and Ortt.
10 Ayes, 58. Nays, 4.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 There is a substitution at the desk.
14 The Secretary will read.
15 THE SECRETARY: Senator Hoylman
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 7600 and substitute it for
18 the identical Senate Bill Number 6471, Third
19 Reading Calendar 1725.
20 ACTING PRESIDENT BENJAMIN: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1725, Assembly Print Number 7600, by
25 Assemblymember Abinanti, an act to amend the
6680
1 Civil Practice Law and Rules.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Persaud
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 7941 and substitute it for
19 the identical Senate Bill Number 6472, Third
20 Reading Calendar 1726.
21 ACTING PRESIDENT BENJAMIN: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1726, Assembly Print Number 7941, by
6681
1 Assemblymember Jaffee, an act to amend the
2 Family Court Act.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 1726, those Senators voting in
14 the negative are Senators Akshar, Flanagan and
15 Gallivan.
16 Ayes, 59. Nays, 3.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1727, Senate Print 6475, by Senator Bailey, an
21 act to amend the Family Court Act.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 90th day after it
6682
1 shall have become a law.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 1727, those Senators voting in
9 the negative are Senators Akshar, Amedore,
10 Antonacci, Funke, Griffo, Jacobs, Jordan,
11 LaValle, Little, O'Mara, Ortt, Ranzenhofer,
12 Ritchie, Serino, Seward and Tedisco.
13 Ayes, 46. Nays, 16.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 Calendar 1728 is high and will be
17 laid aside for the day.
18 THE SECRETARY: Calendar Number
19 1729, Senate Print 6496, by Senator Kavanagh, an
20 act to amend the Real Property Tax Law.
21 SENATOR BRESLIN: Lay it aside for
22 the day.
23 ACTING PRESIDENT BENJAMIN: The
24 bill will be laid aside for the day.
25 There is a substitution at the desk.
6683
1 The Secretary will read.
2 THE SECRETARY: Senator Comrie
3 moves to discharge, from the Committee on
4 Housing, Construction and Community Development,
5 Assembly Bill Number 5175 and substitute it for
6 the identical Senate Bill Number 6499, Third
7 Reading Calendar 1730.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1730, Assembly Print Number 5175, by
13 Assemblymember Blake, an act to amend the
14 Private Housing Finance Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect on the 60th day after it
19 shall have become a law.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
6684
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1731, Senate Print 6508A, by Senator Comrie, an
5 act to authorize the assessor of the County of
6 Nassau to accept a retroactive application for
7 exemption from real property taxes.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1731, those Senators voting in
19 the negative are Senators Akshar, Antonacci and
20 O'Mara.
21 Ayes, 59. Nays, 3.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1732, Senate Print 6525B, by Senator Skoufis, an
6685
1 act to amend the Tax Law and the State Finance
2 Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 5. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 1732, voting in the negative:
14 Senator Lanza --
15 SENATOR BRESLIN: Lay it aside
16 temporarily.
17 ACTING PRESIDENT BENJAMIN: The
18 bill will be laid aside temporarily.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator May moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 8096 and substitute it for
24 the identical Senate Bill 6527, Third Reading
25 Calendar 1733.
6686
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1733, Assembly Print Number 8096, by
6 Assemblymember Pheffer Amato, an act to amend the
7 Executive Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 60th day after it
12 shall have become a law.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1733, those Senators voting in
20 the negative are Senators Amedore, Antonacci,
21 Boyle, Jacobs, Jordan, Lanza, O'Mara, Ortt,
22 Ranzenhofer, Robach and Tedisco.
23 Ayes, 51. Nays, 11.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6687
1 THE SECRETARY: Calendar Number
2 1734, Senate Print 6533, by Senator Montgomery,
3 an act to amend the Family Court Act.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the first of November.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1734, those Senators voting in
15 the negative are Senators Akshar, Gallivan,
16 Helming, Jacobs, O'Mara, Ortt and Tedisco.
17 Ayes, 55. Nays, 7.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1735, Senate Print 6534, by Senator Montgomery,
22 an act to amend the Family Court Act.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
6688
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 1735, those Senators voting in the
9 negative are Senators Akshar, Amedore, Antonacci,
10 Flanagan, Funke, Gallivan, Griffo, Helming,
11 Jordan, LaValle, Little, O'Mara, Ortt, Ritchie,
12 Robach, Serino, Seward and Tedisco.
13 Ayes, 44. Nays, 18.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 There is a substitution at the desk.
17 The Secretary will read.
18 THE SECRETARY: Senator Montgomery
19 moves to discharge, from the Committee on Rules,
20 Assembly Bill Number 7940 and substitute it for
21 the identical Senate Bill Number 6535, Third
22 Reading Calendar 1736.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 The Secretary will read.
6689
1 THE SECRETARY: Calendar Number
2 1736, Assembly Print Number 7940, by
3 Assemblymember Jaffee, an act to amend the
4 Family Court Act.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 10. This
8 act shall take effect on the first day of
9 January.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1736, those Senators voting in
17 the negative are Senators Akshar, Amedore,
18 Antonacci, Boyle, Funke, Gallivan, Griffo,
19 Helming, Jacobs, Jordan, Lanza, Little, O'Mara,
20 Ortt, Ranzenhofer, Ritchie, Robach and Tedisco.
21 Ayes, 44. Nays, 18.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1737, Senate Print 6536, by Senator Gianaris, an
6690
1 act to amend the Civil Practice Law and Rules.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1739, Senate Print 6541A, by Senator Hoylman, an
16 act to amend the Navigation Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
6691
1 THE SECRETARY: In relation to
2 Calendar Number 1739, those Senators voting in
3 the negative are Senators Akshar, Amedore,
4 Antonacci, Flanagan, Funke, Gallivan, Griffo,
5 Helming, Jacobs, Jordan, Lanza, Little, O'Mara,
6 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
7 Seward and Tedisco.
8 Ayes, 42. Nays, 20.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1740, Senate Print 6542, by Senator Benjamin, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 7. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6692
1 THE SECRETARY: Calendar Number
2 1741, Senate Print 6550, by Senator Bailey, an
3 act to amend the Criminal Procedure Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the same date and in the
8 same manner as Section 1-a of Part WWW of
9 Chapter 59 of the Laws of 2017.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1742, Senate Print 6551, by Senator Kavanagh, an
20 act to amend the Local Emergency Housing Rent
21 Control Act.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
6693
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1743, Senate Print 6553, by Senator Metzger, an
11 act establishing the New York Task Force on
12 Agriculture Investment.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 8. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
6694
1 1744, Senate Print 6555, by Senator Gounardes, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1745, Senate Print 6559, by Senator Thomas, an
17 act authorizing the Commissioner of Education and
18 the Chancellor of the Board of Regents, with the
19 approval of the Board of Regents, to appoint
20 monitors to oversee the Hempstead Union Free
21 School District.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect immediately.
6695
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN: Senator
5 Thomas to explain his vote.
6 SENATOR THOMAS: Thank you,
7 Mr. President.
8 I rise to talk about this bill
9 because it's a very important bill for my
10 district. The school district was failing our
11 students, and this bill should have been
12 introduced a long time ago to protect them.
13 For far too long, the residents of
14 Hempstead have unfairly suffered from decades of
15 corruption, infighting and mismanagement of the
16 school system. The Hempstead School District has
17 failed generations of students, with test scores
18 and graduation rates among the lowest in New York
19 State.
20 The people that were entrusted to
21 fix the problems chose to use their positions for
22 personal gain instead. Time and time again,
23 current leadership has proven that the students
24 of Hempstead are not their first priority.
25 Improvements have been made in the
6696
1 last year, but they are too little, too late.
2 The disturbing patterns of corruption and
3 infighting are just as persistent as ever. If we
4 don't take action now, we will continue to fail
5 our students and the community at large.
6 We have heard the parents, students,
7 community leaders and the residents of Hempstead.
8 They are the reason I stand before you in support
9 of this legislation. It's time that we stand up
10 for the children of Hempstead and secure a better
11 future for all.
12 I wouldn't be here without the
13 guidance of Shelley Mayer, Senator Shelley Mayer,
14 as well as Andrea Stewart-Cousins, Mike Gianaris,
15 and Assemblywoman Taylor Raynor.
16 Thank you, Mr. President.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Thomas to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1745, those Senators voting in
22 the negative are Senators Akshar, Amedore,
23 Antonacci, Flanagan, Funke, Gallivan, Griffo,
24 Helming, Jacobs, Jordan, Little, O'Mara, Ortt,
25 Ranzenhofer, Ritchie, Serino, Seward and Tedisco.
6697
1 Also Senator Robach.
2 Ayes, 43. Nays, 19.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1746, Senate Print 6567, by Senator Harckham, an
7 act requiring the payment of prevailing wages to
8 affected employees of the Indian Point Nuclear
9 Power Plant.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1746, those Senators voting in
21 the negative are Senators Flanagan, Helming,
22 O'Mara and Ranzenhofer. Also Senator Akshar.
23 Ayes, 57. Nays, 5.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
6698
1 THE SECRETARY: Calendar Number
2 1747, Senate Print 6568, by Senator Thomas, an
3 act directing the Division of Criminal Justice
4 Services to study the state of the police
5 department in the Village of Hempstead.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Senator Akshar to explain his vote.
15 SENATOR AKSHAR: Mr. President,
16 thank you.
17 Between the earlier bill and this
18 bill, I think we are setting an incredibly
19 dangerous precedent. And we are -- I mean, this
20 is an exhibition of government overreach at its
21 finest. There are local governments in these
22 respective communities, and the fact that state
23 government is telling the Village of Hempstead or
24 will tell, after this bill is passed, what they
25 should or shouldn't do with their police
6699
1 department, regardless of the issues that they're
2 having internally -- and I'm aware of them -- is
3 something that I do not think that state
4 government should be doing.
5 Mr. President, I vote no.
6 ACTING PRESIDENT BENJAMIN:
7 Senator Akshar to be recorded in the negative.
8 Senator Thomas to explain his vote.
9 SENATOR THOMAS: Thank you,
10 Mr. President.
11 This bill was necessary. Just
12 recently there were a number of arrests over
13 corruption in the police department. Summer is
14 coming up, and the crime rate is going to rise
15 there in the Village of Hempstead. I had no
16 other option but to ask the state for help, and
17 that through an audit, a top to bottom review,
18 and it's going to make recommendations to the
19 Governor. And it's not going to force the
20 village to do anything, it's just going to submit
21 the report to the Governor. There's no issue
22 here about local control.
23 I vote aye. Thank you.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Thomas to be recorded in the affirmative.
6700
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 1747, those Senators voting in
4 the negative are Senators Akshar, Amedore,
5 Antonacci, Flanagan, Funke, Griffo, Helming,
6 Jordan, Lanza, O'Mara, Ortt, Ritchie, Robach,
7 Serino and Seward.
8 Ayes, 47. Nays, 15.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 There is a substitution at the desk.
12 The Secretary will read.
13 THE SECRETARY: Senator Harckham
14 moves to discharge, from the Committee on
15 Alcoholism and Drug Abuse, Assembly Bill Number
16 7347 and substitute it for the identical Senate
17 Bill 6591, Third Reading Calendar 1748.
18 ACTING PRESIDENT BENJAMIN: The
19 substitution is so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1748, Assembly Print Number 7347, by
23 Assemblymember Rosenthal, an act to amend the
24 Mental Hygiene Law.
25 ACTING PRESIDENT BENJAMIN: Read
6701
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 Calendar 1749 is high and will be
13 laid aside for the day.
14 Calendar 1750 is high and will be
15 laid aside for the day.
16 Senator Bailey, that completes the
17 reading of the supplemental calendar.
18 SENATOR BAILEY: Thank you,
19 Mr. President.
20 Without objection, please restore
21 Calendar Number 462, Senate Print 2849, by
22 Senator Breslin, to the noncontroversial
23 calendar, along with Calendar 1650, and take them
24 up together.
25 ACTING PRESIDENT BENJAMIN: Without
6702
1 objection, so ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 462, Assembly Print 2969A, substituted earlier by
5 Assemblymember Peoples-Stokes, an act to amend
6 the Insurance Law and the Public Health Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. this
10 act shall take effect on the 60th day after it
11 shall have become a law.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Flanagan to explain his vote.
17 SENATOR FLANAGAN: Thank you,
18 Mr. President.
19 Before I explain my vote,
20 Mr. President, you're doing a great job up there,
21 smiling throughout the day. I know it's only
22 3:30, but I'm sure you're going to be looking
23 sharp 12 hours from now when you're still
24 standing up there.
25 Thank you for giving me the
6703
1 opportunity to explain my vote.
2 I recognize the gravity and the
3 importance attached to this issue, and it's very
4 clear that members care very deeply about this
5 type of legislation and this piece of legislation
6 in particular. It's got bipartisan support, and
7 I'm not naive enough to think that there aren't
8 going to be a significant number of votes in
9 favor of this legislation.
10 What concerns me is not just this
11 bill in isolation, but the totality of bills that
12 have come before us in the last 10 days and
13 throughout the course of the session involving
14 healthcare and healthcare premiums and health
15 insurance, the availability and the affordability
16 and the access.
17 With regard to this bill, there is a
18 carve-out for the unions. Which I don't really
19 have a problem with. But there's a carve-out for
20 the unions because that's what they've requested,
21 at least I believe in large part because they
22 thought the way the system worked now was inuring
23 to their benefit in helping either mitigate or
24 reduce healthcare costs for their members.
25 So by way of example -- and,
6704
1 Mr. President, I promise I'll be brief -- I was
2 reading about a company who came up with a drug
3 for hep C, and the cost was about $130,000. But
4 the reality is that that saves people's lives and
5 somebody's life in particular. There was an
6 opportunity to have an equivalent made by another
7 major pharmaceutical company at less than
8 one-quarter of the cost. And yet if that
9 opportunity had arisen under this bill, you
10 couldn't make that amendment, you couldn't have
11 that flexibility during a plan year.
12 My concern with that is that that
13 creates issues for the affordability of health
14 insurance. I want prescription drugs available;
15 everyone does. And we want the ones that work
16 and protect us and save our lives. I think the
17 problem with this bill is that it hand-ties the
18 companies that are involved in this.
19 And there are ways to regulate them.
20 You can grandfather patients, you can follow a
21 protocol that's consistent with how Medicare does
22 it. I just don't think this is the way -- the
23 right way or the appropriate way at this time.
24 I know the sponsor is
25 extraordinarily well-intended. I just happen to
6705
1 disagree with the approach. And it would be very
2 easy for me to just stand up and vote and say
3 yes, but I do think there are significant issues
4 that have to be discussed even if it's just in
5 the space of a couple of minutes.
6 If it's good for the unions, then it
7 should be good for everybody else. Respectfully,
8 and accordingly, I register my vote in the
9 negative. Thank you.
10 ACTING PRESIDENT BENJAMIN: Senator
11 Flanagan to be recorded in the negative.
12 Senator Seward to explain his vote.
13 SENATOR SEWARD: Thank you,
14 Mr. President.
15 I have no doubt at all that the
16 sponsor of this bill, as well as the various
17 cosponsors on both sides of the aisle of this
18 legislation, are well-intended in terms of
19 helping those New Yorkers who depend on their
20 pharmaceutical services. And they're looking to
21 protect those for them, those individuals.
22 But my concerns with the legislation
23 pretty well mirror what Leader Flanagan has just
24 described. The unions are carved out of this --
25 and good for them. Because it's pretty apparent
6706
1 that they are carved out and they've asked for
2 that, I would assume, because it would have cost
3 them more money in terms of delivering
4 healthcare, health insurance and pharmaceutical
5 services to their members.
6 But these cost increases will be
7 felt, however, by everybody else who is not
8 carved out in this legislation. In addition to
9 the cost factor, this also raises questions about
10 fairness as it applies to the union workers
11 themselves.
12 If this is enacted, all other
13 insureds will have enhanced protections except
14 for them, the union members. How is this fair to
15 these men and women who, because of who they work
16 for, their insurance coverage is different?
17 My concern also is -- and one of the
18 reasons this was going to drive up costs is the
19 drug companies, Big Pharma. The only check to a
20 drugmaker raising prices has been the threat that
21 a health plan will prefer an equally effective,
22 less expensive drug on their drug formularies.
23 There's currently no prohibition against how many
24 times a drugmaker can raise the price of a drug
25 during the calendar year. So while this
6707
1 legislation will be preventing any midyear
2 changes, a drugmaker could raise their prices at
3 will.
4 There is a better way to approach
5 this issue. Senator Flanagan mentioned the
6 Medicare model, which I think would have been a
7 much, much better approach here. But for the
8 reasons I've outlined, I am also voting no.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Seward to be recorded in the negative.
11 Senator Breslin to explain his vote.
12 SENATOR BRESLIN: Thank you very
13 much, Mr. President.
14 This an extremely important area,
15 formularies. And formularies, for people that
16 don't know, it's the collection of essentially
17 drugs put together in a program, but then it gets
18 complicated. Sometimes they're tiered, some are
19 more expensive, less expensive, other drugs come
20 in.
21 And we should get by the two -- the
22 unions coming in the middle of a year. That we
23 don't want to interfere with their collective
24 bargaining, which has gone on for time
25 immemorial, and we've excluded them.
6708
1 But getting back to the formularies,
2 you know, we talk about Big Pharma, but a lot of
3 these changes someone gets into -- they have a
4 serious illness, and you look at the people
5 supporting this bill: Lupus, Kidney, Cancer, all
6 the major, major diseases. And because they want
7 someone to choose the right doctor, the right
8 plan, the right drugs, and they don't want a
9 health plan, in concert with whomever -- with
10 PBMs, with pharmacies -- we don't want that
11 health plan moving you in the middle of a year,
12 that contract you that first year, moving you to
13 something else that by copays or others may be
14 more expensive.
15 But what does it do? You've heard
16 it might drive up cost. I'd suggest to the
17 contrary: This will drive down cost. Because we
18 won't have those people who investigated what
19 formulary to be in, expected it to be for that
20 contract year, and then have it unilaterally
21 changed. This will stop that.
22 Because a lot of those patients,
23 they might end up with a cheaper drug or a more
24 expensive drug, but that drug may have an effect
25 upon them that's negative and puts them back in
6709
1 the hospital or further under a doctor's care.
2 We have to do one thing in this, is
3 put P above P, and that's patient above profits.
4 It's a simple bill. And there's so many people
5 on both sides of this aisle who are participating
6 in this, and they're participating in this
7 because it's not a political issue, it's an issue
8 of making sure we take care of patients and
9 making sure we take care of patients through a
10 process that favors them and not price and not
11 profit.
12 So it is with a great deal of
13 enthusiasm I invite everyone in this room on both
14 sides of the aisle to come forward for that
15 patient. It's a difficult process understanding
16 first what doctor to get and what plan to be in
17 and what tier the drugs are and how they figure
18 out increases and decreases. We're going to make
19 sure that the first contract year we take care of
20 the patient, make sure they're satisfied with the
21 direction we're going in, and conclude that year
22 with a safer, better, and a healthier patient.
23 I vote aye.
24 ACTING PRESIDENT BENJAMIN:
25 Senator Breslin to be recorded in the
6710
1 affirmative.
2 Senator Serino to explain her vote.
3 SENATOR SERINO: Thank you,
4 Mr. President.
5 And I want to say thank you to
6 Senator Breslin for sponsoring this very
7 important legislation. I worked very hard on
8 this for the past few years, and I just -- I
9 think it's such a wonderful bill for our
10 patients.
11 You know, when you think about
12 people that are suffering from cancer, MS, lupus,
13 or even mental health issues, they are choosing
14 their insurance policy because they know it's
15 covering this most of the time very costly
16 medication that actually works for them.
17 So thank you again, Senator Breslin.
18 I vote aye.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Serino to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 462, those Senators voting in the
24 negative are Senators Akshar, Flanagan, Gallivan,
25 O'Mara, Ortt and Seward.
6711
1 Ayes, 56. Nays, 6.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1650, Senate Print 6524, by Senator Gounardes, an
6 act to amend the Civil Service Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the 180th day after it
11 shall have become a law.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 1650, those Senators voting in the
19 negative are Senators Gaughran and Kaplan.
20 Ayes, 60. Nays, 2.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 Senator Bailey, that completes the
24 reading of today's calendar.
25 SENATOR BAILEY: Thank you,
6712
1 Mr. President. Can we go to the reading of
2 controversial calendar, please.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will ring the bell.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1661, Senate Print 6575, by Senator Sanders, an
8 act to amend the Executive Law.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Amedore -- Senator Little.
11 SENATOR LITTLE: Thank you,
12 Mr. President.
13 Would the sponsor yield for a few
14 questions with regard to the bill?
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR SANDERS: Absolutely.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR LITTLE: Thank you.
21 I've been involved with the women
22 and minority program for a number of years and
23 actually served on a task force which used to
24 meet. And my records show it hasn't met since
25 2011. And are you familiar with that? And is
6713
1 there anything in this bill that would activate
2 that again?
3 SENATOR SANDERS: {Inaudible.}
4 SENATOR LITTLE: A task force.
5 I've been involved with women and minority-owned
6 businesses and served on a task force that was
7 first formed, but I don't have any record of it
8 meeting since 2011. I believe it was -- I had
9 the date here, but I can't -- anyway, is there
10 anything in this legislation that would refer to
11 that task force or activate any kind of advisory
12 group or just get back to having people involved
13 and meeting on a regular basis to discuss how
14 it's working in their districts and in this
15 state?
16 SENATOR SANDERS: The short answer
17 is no.
18 Through you, Mr. President, the
19 longer answer is that I'm aware of some of the
20 great work that you did on the task force, and we
21 are continuing it and will continue meeting even
22 after this is passed.
23 SENATOR LITTLE: All right. We
24 also --
25 ACTING PRESIDENT BENJAMIN: Senator
6714
1 Little, do you want the sponsor to yield?
2 SENATOR LITTLE: Yeah, thank you,
3 if the sponsor would yield for another question.
4 SENATOR SANDERS: Absolutely,
5 Mr. President.
6 ACTING PRESIDENT BENJAMIN: The
7 sponsor yields.
8 SENATOR LITTLE: We did hold some
9 hearings around the state, and I believe that you
10 attended, which I appreciated, a couple of those
11 hearings. And some of the things that came up,
12 one being the personal wealth -- can you tell me
13 how this bill addresses the changes needed to the
14 personal wealth?
15 SENATOR SANDERS: Through you,
16 Mr. President. Personal net worth has been
17 increased, as one of the things that you wanted
18 on your committee. It has been increased. We've
19 gone from 3.5 million to $15 million. And I'm
20 still looking in on it. I did learn a lot from
21 going around the state with you and -- well, with
22 you.
23 SENATOR LITTLE: Thank you. If the
24 sponsor would continue to yield.
25 ACTING PRESIDENT BENJAMIN: Does
6715
1 the sponsor yield?
2 SENATOR SANDERS: Absolutely.
3 ACTING PRESIDENT BENJAMIN: The
4 sponsor yields.
5 SENATOR LITTLE: I did see in the
6 bill that they take -- especially for big
7 contracting companies, big manufacturing
8 companies, they exempt any equipment that they
9 are leasing from another company, even if it's a
10 holding committee, and they're exempting that
11 from their personal wealth. Is that correct?
12 SENATOR SANDERS: Yes, a holding
13 company that exclusively leases machinery for the
14 MWBE.
15 SENATOR LITTLE: Right. That --
16 ACTING PRESIDENT BENJAMIN: Senator
17 Little, are you asking the sponsor to yield?
18 SENATOR LITTLE: Thank you. And
19 just in comment to his answers, that is something
20 that is going to be very helpful.
21 ACTING PRESIDENT BENJAMIN: So
22 wait, I'm sorry. It's just -- so you ask the
23 sponsor to yield, the sponsor yields, then you --
24 okay. Does the sponsor yield?
25 SENATOR SANDERS: Yes, the sponsor
6716
1 yields, sir.
2 ACTING PRESIDENT BENJAMIN: The
3 sponsor yields.
4 SENATOR LITTLE: Okay, thank you.
5 That part of it will be very helpful.
6 Another big thing that needed to be
7 done -- and I don't see any additional staff or
8 additional funding in this bill -- because we
9 cannot get a business certified in good timing.
10 It takes so long for the certification process.
11 What we would like to see, number
12 one, is there any funding to increase staff?
13 Number two is we were hoping to have regional
14 offices. And it would not be necessary to set up
15 a regional office, you could have a person
16 dedicated to minority and women-owned businesses
17 located in each Regional Economic Development
18 Office, which already exists.
19 And that seems to be missing. Is
20 that correct? I guess it has to be a question.
21 SENATOR SANDERS: Through you,
22 Mr. President. The Senator is on her game today;
23 she is very accurate in pointing these things
24 out.
25 One of the things that we will do is
6717
1 we need to get the information that you did
2 before on the tour which we did.
3 And on the other issue, we tried not
4 to -- through you, Mr. President, we tried not to
5 do funding since we weren't at the budget
6 process. But we absolutely will go back on this
7 at the budget process and speak of the adequate
8 funding, which I agree with you is -- was just
9 inadequate to do what it needs to do. But we
10 wanted to do it at the right time. And that is
11 your answer.
12 SENATOR LITTLE: Thank you.
13 And if the sponsor would continue to
14 yield.
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR SANDERS: Absolutely.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR LITTLE: Thank you.
21 One position that is advocated in
22 here is a statewide advocate for minority and
23 women-owned businesses and procurement ombudsman
24 appointed by the director. Can you tell me what
25 that position is for and how it would operate?
6718
1 SENATOR SANDERS: Through you,
2 Mr. President. Although it is currently an
3 existing position, we are enhancing the position
4 so that it can investigate any complaints and
5 troubleshoot, to try not to just catch people
6 doing stuff wrong, how do we troubleshoot and
7 make sure that they do stuff right.
8 SENATOR LITTLE: Thank you. And if
9 I could comment on that, because even though --
10 ACTING PRESIDENT BENJAMIN: Senator
11 Little on the bill.
12 SENATOR LITTLE: Well, I'm going
13 back to questioning, so.
14 The position has been there, but
15 they are so short of staff that the position has
16 never operated as an advocate. And in this case
17 they will be operating as an advocate. How
18 separate -- another question, if I may, to the
19 sponsor.
20 ACTING PRESIDENT BENJAMIN: Does
21 the sponsor yield?
22 SENATOR SANDERS: Absolutely,
23 Mr. President.
24 ACTING PRESIDENT BENJAMIN: The
25 sponsor yields.
6719
1 SENATOR LITTLE: How independent
2 would this position be, appointed by the
3 director? Because they are supposed to be
4 advocating for the businesses, and they are also
5 supposed to be taking complaints and problems
6 from the businesses if they have a problem with
7 the agency.
8 SENATOR SANDERS: Through you,
9 Mr. President, it's a worthy question, my
10 colleague. This is a three-party agreement, and
11 of course we are trying to make sure that all
12 three parties have a say in it.
13 SENATOR LITTLE: Well, I'm certain
14 that you are going to continue to be working on
15 that.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Little, are you asking the sponsor to yield?
18 SENATOR LITTLE: Yes.
19 ACTING PRESIDENT BENJAMIN: Does
20 the sponsor yield?
21 SENATOR SANDERS: Is it possible
22 that I can yield for all questions, sir? The
23 sponsor yields. If not, then let's continue.
24 SENATOR LITTLE: All right. We can
25 keep doing this.
6720
1 ACTING PRESIDENT BENJAMIN: The
2 sponsor yields for --
3 SENATOR LITTLE: Okay, thank you.
4 The certification process takes too
5 long. There's nothing that I see that really
6 pushes it along, although they do shorten some of
7 the days when they are supposed to be reporting
8 back.
9 And I also look at that they -- a
10 big problem with it is that by the time they get
11 certified, it's almost time to start their
12 recertification. And I see that there is an
13 answer in here for that. Would you care to show
14 us how you've changed that in here?
15 SENATOR SANDERS: Through you.
16 Having learned from the panel that you have set
17 up, you and others have set up, we have increased
18 certification from three to five years.
19 But we've also worked on a question
20 of certification itself. We're trying to bring
21 it from 60 days, where it is supposed to be, down
22 to 45 days. So that will be a major step forward
23 as this goes across.
24 SENATOR LITTLE: Thank you. Having
25 a five-year certification is really important and
6721
1 will be very helpful.
2 The other thing that is very
3 important that I'd like to ask a question about,
4 if the sponsor will answer, the -- and I know he
5 will -- is frequently in my district and in many
6 rural areas in different parts of this state, we
7 do not have enough certified minority and
8 women-owned businesses. Therefore, as hard as
9 they might try, rather than going to a
10 metropolitan area far away and not creating work
11 and jobs for the businesses locally, they need a
12 waiver. Are there ways to improve the waiver
13 process in here?
14 SENATOR SANDERS: We are still
15 working on the question of waivers. But we have
16 directed the ESD director to look at the
17 demographics of particular areas and use that to
18 make waivers.
19 SENATOR LITTLE: Thank you. And
20 another question, if I may.
21 And if -- the problem is that the
22 company, contractor, who's looking to get this
23 position or hire somebody, has to -- or the
24 agency -- has to pretend or find that they -- and
25 prove that they can't find anyone, and they have
6722
1 to get it from three companies that they can't
2 come to the area or something.
3 And what's happened, we've heard, is
4 they have a company in a metropolitan area that
5 has told a North Country agency, Stop calling me.
6 We're not coming up there. And that's good,
7 because we really want local companies.
8 But I do see that one thing in here
9 is that any waivers that are granted have to be
10 listed on the website. So do you think that will
11 help the process or hurt the process?
12 SENATOR SANDERS: When you and
13 Senator Akshar and others took me to the North
14 Country, to Watertown, I certainly heard these
15 comments being made. So we're really taking that
16 into account.
17 The director will be given a lot of
18 flexibility to do waivers under these conditions,
19 based on the sheer demographics of the situation
20 and the availability, of course. We look forward
21 to working with the Executive to have a realistic
22 MWBE program.
23 SENATOR LITTLE: And I would ask,
24 if I may, as you go forward and oversee the
25 implementation of this piece of legislation, that
6723
1 you would see that there is a clear, efficient
2 process to get a waiver and to go forward.
3 And then we come to a very new part
4 of the bill which I think -- well, there is
5 another part, that the MWBE looking for
6 certification has to have Tax and Finance release
7 their tax returns, and the Labor Department has
8 to release their employment terms.
9 Are you certain that this will all
10 be kept confidential?
11 SENATOR SANDERS: We ensure that
12 they will be kept confidential, but it is also an
13 effort to streamline the process, to make sure
14 that we're not -- that Oprah and others, or
15 whoever they are, are not in a program that
16 should benefit smaller people.
17 SENATOR LITTLE: Thank you.
18 And then the part that is really
19 new -- and in my opinion is going to make this
20 much more difficult for my areas and areas of the
21 state that are rural, that do not have a large
22 population -- is the workforce participation and
23 the actual workforce program with goals that have
24 to be reached for minority and women-owned
25 businesses.
6724
1 SENATOR SANDERS: We actually
2 thought of areas like yours when we were creating
3 this one and designed it so that in the event
4 that the demographics and the availability was
5 not there, that the director could give a waiver
6 for those type of areas. They'd have to base it
7 on demographics, but it's designed to work and
8 not to beat people up.
9 SENATOR LITTLE: Thank you.
10 One other thing before -- and my
11 probably last question before I talk on the
12 bill --
13 SENATOR SANDERS: (Inaudible.)
14 SENATOR LITTLE: Unfortunately, we
15 do have a lot of time.
16 (Laughter.)
17 SENATOR LITTLE: -- is that every
18 agency, every four years, is supposed to show
19 their growth plan, how they are going to increase
20 the number of minority and women-owned businesses
21 that they contract with.
22 The current statewide goal I believe
23 is 30 percent. My question is, how much growth
24 are we expected and is there a threshold where we
25 stop?
6725
1 SENATOR SANDERS: So of course the
2 point of the growth plan is that every agency is
3 not meeting its goal and there should be an idea
4 of how we can get there.
5 One additional thing that both of us
6 need to do is we need to encourage the Executive
7 to create an advisory board that should be doing
8 these things in the absence -- or to implement
9 such an advisory board so that we would not have
10 these questions every four or five years.
11 SENATOR LITTLE: Or reactivate the
12 task force.
13 SENATOR SANDERS: Absolutely.
14 SENATOR LITTLE: Okay, thank you.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Gianaris.
17 SENATOR GIANARIS: I'm sorry to
18 interrupt the debate, but can you please call an
19 immediate meeting of the Committee on Finance in
20 Room 332.
21 ACTING PRESIDENT BENJAMIN: There
22 will be an immediate meeting of the Committee on
23 Finance in Room 332.
24 (Inaudible comment from Senator
25 Sanders; laughter.)
6726
1 ACTING PRESIDENT BENJAMIN: Senator
2 Little.
3 SENATOR LITTLE: Thank you. I do
4 have just a couple more questions, because I
5 really want to explain why this is such a
6 difficulty in rural areas.
7 Mainly, the agency itself has not
8 really identified to my -- they have improved
9 since the beginning, but there are so many
10 reasons that they come back and deny someone for
11 being a minority and women-owned business. I had
12 one where the female 50 percent owner of her
13 father's company was denied because she didn't
14 make as much money as the manager of the store
15 made. The manager of the store had been there
16 for 30 years. And she also shared in the
17 profits, which was more economical to her and her
18 income. And that was a denial that we did get
19 reversed.
20 We had another one where the woman
21 took over her father's asphalt excavation
22 business, not a traditional women-owned business.
23 She was denied because she didn't have a formal
24 education in that type of work. Which there
25 isn't. She had her education from working with
6727
1 her father for a number of years; when he
2 retired, she took over the business.
3 So in the interest of helping people
4 get certified and getting more businesses in the
5 North Country and rural areas -- and I think what
6 the agency doesn't understand is that we have a
7 lot of family-owned businesses that are passed on
8 down from generation to generation.
9 I had another one that got denied
10 and ended up contracting with a company in
11 Buffalo, who was certified, gave them 5 -- they
12 got 5 percent of the contract, and my company in
13 the North Country did the work. That was the
14 only way they could keep their employees
15 employed.
16 So you can see where I'm coming
17 from, that this is not an easy program in rural
18 areas of the state.
19 So hopefully if you can think of a
20 way to make it clearer how you get denied, why
21 you get denied, what are the actual parameters of
22 being a minority and women-owned business.
23 SENATOR SANDERS: Waivers, just to
24 go with that one to begin, are going to be listed
25 of why you were denied. And you'll have it
6728
1 posted so you'll be able to see that.
2 I agree with you, transparency is
3 something that we have to work for on all of
4 this. By increasing the personal net worth, it
5 should take more of these people in who were
6 denied. But it is going to be a struggle and a
7 battle to make sure that transparency, first
8 things first, and making easier for people to be
9 in while holding on to making sure that it
10 withstands constitutional scrutiny.
11 Remember, there's -- we have to make
12 sure that the program is justified and stays
13 within certain parameters. But I believe that we
14 can do more of what you're speaking of.
15 SENATOR LITTLE: Thank you very
16 much. And Mr. President, on the bill.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Little on the bill.
19 SENATOR LITTLE: I first want to
20 commend Senator Sanders, my hallmate, down the
21 floor from me, for taking the interest that he
22 has had in this program and actually coming to
23 the North Country and spending time on our
24 panels, asking good questions and listening to
25 what we have.
6729
1 And I understand the purpose of this
2 legislation, to help minority businesses, small
3 business, and women-owned businesses get ahead
4 and to get a start. But it has really not gotten
5 off to a good start, and I do think that that
6 committee, task force, advisory committee,
7 whatever we call it, would be more helpful to the
8 agency, as well as more staffing and more
9 transparency. And certainly more parameters as
10 to how to do what they are trying to do.
11 The new additions to the program
12 with the workforce participation, in my mind, is
13 only going to make it more difficult for rural
14 areas to do it.
15 So while I appreciate the
16 improvements here and the work that you've done
17 here, I am going to be a no vote on this for now,
18 and would love to work further and going along,
19 getting back on that task force, and really being
20 able to improve this program better than it is.
21 But also with the acknowledgement that it has a
22 lot of problems in rural areas.
23 So thank you, Mr. President. And
24 thank you, Senator.
25 ACTING PRESIDENT BAILEY: Senator
6730
1 Amedore.
2 SENATOR AMEDORE: Thank you,
3 Mr. President. Will the sponsor yield for a
4 question?
5 ACTING PRESIDENT BAILEY: Does the
6 sponsor yield?
7 SENATOR SANDERS: Absolutely.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR AMEDORE: Thank you,
11 Senator Sanders. It's great that you have such a
12 passionate interest in this very important topic
13 and issue, because we all know that the workforce
14 in the State of New York -- we should have, as a
15 state, the best-trained, the best-educated, the
16 most disciplined and dedicated workforce than any
17 other state in the nation.
18 And we should be making sure that we
19 have all opportunity out there available for a
20 small business owner, a minority-owned business
21 owner, to have access to bidding opportunities
22 and contract opportunities, and to make sure that
23 their small business is -- stays in business and
24 is keeping their employees employed.
25 The question that I have for you,
6731
1 Senator Sanders, is the workforce diversity
2 goals. What are the workforce diversity goals
3 currently in the old plan or legislation that we
4 have -- that we live with now?
5 SENATOR SANDERS: Currently there
6 are none. But we're proposing that these are set
7 by the director based on census data.
8 SENATOR AMEDORE: Through you,
9 Mr. President, will the sponsor continue to
10 yield?
11 ACTING PRESIDENT BAILEY: Will the
12 sponsor yield?
13 SENATOR SANDERS: The sponsor
14 yields --
15 ACTING PRESIDENT BAILEY: The
16 sponsor yields.
17 SENATOR SANDERS: -- and will yield
18 to all questions.
19 SENATOR AMEDORE: So you believe
20 that there are no workforce diversity goals set
21 in the program right now.
22 SENATOR SANDERS: There are no
23 workforce diversity requirements. There is a
24 30 percent goal, but not for the workforce, sir.
25 This is the new part of the legislation.
6732
1 SENATOR AMEDORE: Okay. Through
2 you, Mr. President, will the sponsor yield?
3 SENATOR SANDERS: The sponsor
4 yields.
5 ACTING PRESIDENT BAILEY: The
6 sponsor yields.
7 SENATOR AMEDORE: So the 30 percent
8 goal, what's the goal of 30 percent? What's that
9 definition or the idea that the agency wants to
10 achieve or the state wants to achieve? Thirty
11 percent what?
12 SENATOR SANDERS: Thirty percent
13 utilization of MWBEs in statewide contracts.
14 SENATOR AMEDORE: Through you,
15 Mr. President, does the sponsor yield?
16 ACTING PRESIDENT BAILEY: Will the
17 sponsor yield?
18 SENATOR SANDERS: The sponsor
19 yields.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR AMEDORE: So if I was in
23 the program and I had a workforce -- my employees
24 had -- I had maybe 25 percent of my employees who
25 meet the criteria of minority groups and have
6733
1 that diversity, would then I be eligible or would
2 I be able to meet that 30 percent threshold or
3 goal?
4 SENATOR SANDERS: Well, right now
5 it refers to the utilization of MWBEs in
6 contracting.
7 However, for your question of in the
8 future, in terms of workforce, if you are at
9 25 percent, I would personally commend you. But
10 if you were at 25 percent -- this is an
11 aspirational goal. It is not a quota, it is an
12 aspirational goal. It means that if -- you're
13 making a good-faith direction there. Now, if you
14 were in an area where there's 100 percent and you
15 only have 25, it may raise a question or two.
16 But if you're in an area -- Watertown, let's
17 say -- and you did 25 percent, I think that you
18 deserve a medal, personally.
19 SENATOR AMEDORE: Through you,
20 Mr. President, if the sponsor will continue to
21 yield.
22 ACTING PRESIDENT BAILEY: Will the
23 sponsor yield?
24 SENATOR SANDERS: The sponsor
25 yields.
6734
1 ACTING PRESIDENT BAILEY: The
2 sponsor yields.
3 SENATOR AMEDORE: So in this
4 proposed legislation before us, what's the
5 aspirational goal now set in this bill?
6 SENATOR SANDERS: In the future,
7 the director will set it, the aspirational goal,
8 based on the demographics of the population,
9 based on how many of whoever is in whatever part
10 of town, sir.
11 SENATOR AMEDORE: Okay. Through
12 you, Mr. President --
13 ACTING PRESIDENT BAILEY: Will the
14 sponsor yield?
15 SENATOR SANDERS: The sponsor
16 yields.
17 ACTING PRESIDENT BAILEY: The
18 sponsor yields.
19 SENATOR AMEDORE: So that's based
20 on the region, that's based on what the director
21 thinks the makeup of the workforce consists of in
22 that specific region?
23 SENATOR SANDERS: It will be based
24 on the census data, which is broken down by
25 region and area, sir.
6735
1 SENATOR AMEDORE: Through you,
2 Mr. President, will the sponsor continue to
3 yield?
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR SANDERS: The sponsor
7 yields.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR AMEDORE: Have you had any
11 constituents or companies or anyone in your
12 district reach out to your Senate office that
13 asked for help in kind of getting through the
14 process or the minutiae or the red tape or the
15 recertification or the certification process, to
16 meet some of the requirements that the program
17 currently offers or has?
18 SENATOR SANDERS: Through you,
19 Mr. President, the sponsor must know the answer.
20 I'm sorry, you must know the answer, because the
21 answer is absolutely yes.
22 SENATOR AMEDORE: Through you,
23 Mr. President, will the sponsor continue to
24 yield?
25 ACTING PRESIDENT BAILEY: Will the
6736
1 sponsor continue to yield?
2 SENATOR SANDERS: The sponsor
3 yields.
4 ACTING PRESIDENT BAILEY: The
5 sponsor yields.
6 SENATOR AMEDORE: And it's probably
7 a pretty often request that you have -- that you
8 get, and probably all of our colleagues,
9 Senator Sanders, in this chamber probably get a
10 lot of the same inquiries from business owners in
11 our districts. And the reason why is because
12 they're frustrated or there's a lot of unknowns
13 or there's a long, drawn-out process in trying to
14 work. Maybe procure -- maybe lay out and follow
15 through the requirements that the program has, to
16 putting in a bid offer or a proposal, to maybe
17 win a job or some work and then having to meet
18 the requirements.
19 My question is, this new
20 legislation, how will it ease that burden or all
21 of those requests that we all get from our
22 constituents who are so frustrated, who threaten
23 to go out of business because they can't meet the
24 current requirements? How does this help them?
25 SENATOR SANDERS: Through you,
6737
1 Mr. President. I'm trying to figure out how --
2 the best way to answer you and stay in this seat.
3 Senator Little pointed out that the
4 agency -- and others have pointed out that the
5 agency is totally underfunded. It cannot do its
6 mission at the level that it should. We will
7 have to tackle that later on in the budget
8 process.
9 We can -- this legislation will do
10 some things to streamline, move some things
11 around. But you're not -- if you don't have
12 enough people in there to do the paperwork, you
13 just -- you could cut it down a couple of hours,
14 a couple of days, but until you really tackle
15 this one, you're not going to make the movement
16 that all of us want.
17 SENATOR AMEDORE: Through you,
18 Mr. President, if the sponsor will continue to
19 yield.
20 ACTING PRESIDENT BAILEY: Will the
21 sponsor yield?
22 SENATOR SANDERS: The sponsor
23 yields.
24 ACTING PRESIDENT BAILEY: The
25 sponsor yields.
6738
1 SENATOR AMEDORE: So,
2 Senator Sanders, it sounds like the best solution
3 that the majority has right now and that the
4 Governor and the Assembly has, is this bill that
5 kind of sounds like there's a lot of just
6 extension of the old program and requirements,
7 and maybe a little bit of movement in maybe the
8 personal income threshold.
9 But it sounds like the aspirational
10 goals might change and get a little bit more
11 ambitious. But, you know, are there now new
12 mandates that are added to the extension of the
13 old program that this new law will implement?
14 SENATOR SANDERS: Through you,
15 Mr. President. While it is true that in a
16 three-way agreement you do not get everything
17 that you wanted, that many things were proposed,
18 some of which, of course, we learned from the
19 task force that you had before -- many things
20 were proposed, and these are some of the ones
21 that came from it.
22 I think that we would
23 mischaracterize this as just a tweaking. This
24 has been a major advance. There have been some
25 incredible advancements here, but the work is far
6739
1 from over. We have to do budget issues and we'll
2 be back at that budget time, sir.
3 SENATOR AMEDORE: Mr. President, on
4 the bill.
5 ACTING PRESIDENT BAILEY: Senator
6 Amedore on the bill.
7 SENATOR AMEDORE: I want to first
8 thank Senator Sanders for his time and his
9 answers. And I appreciate his last answer that,
10 you know, this is -- he believes and the majority
11 believes that this has significant improvements
12 and enhancements to a system that really is
13 broken.
14 A program that should be one of the
15 best programs that the State of New York can
16 trumpet around the country, that we have
17 opportunity for anyone in this great state,
18 anyone who has the aspiration, the inspiration,
19 the guts, the wherewithal to open up a business,
20 to employ employees, to pay the high workers'
21 comp, the unemployment insurance, the general
22 liability insurance and everything else that goes
23 along with what this state offers -- high taxes
24 and high regulations that add to the burden of
25 doing business in this state.
6740
1 But those individuals who want to
2 take on that mantle of I want to succeed in
3 New York -- just like the old song, if you can
4 make it in New York, you can make it anywhere.
5 The minority business owners who are
6 in this MWBE program in upstate New York can't
7 make it in New York. The program has failed,
8 it's broken, and significant improvements need to
9 be made. And I appreciate Senator Sanders'
10 comments that he believes that they are -- there
11 are significant improvements.
12 The unfortunate thing, though, is I
13 don't believe that to be the case. And here's
14 why. The same contractors' organizations, the
15 same associations, the same tradespeople that are
16 out there doing business and have to deal with
17 and cope with these requirements or mandates are
18 all coming back and saying: Are you kidding me?
19 This is the best that you possibly do? You're
20 moving the bar, yes, but you're making it even
21 harder for those in upstate New York. Whether
22 it's the disparity study, the workforce diversity
23 goals, whether you increase them in one region or
24 decrease them in the other, it's virtually
25 impossible to meet.
6741
1 Which then the result is -- it's
2 called failure. It's called debarment. And then
3 you take away opportunity.
4 You know, when my grandparents came
5 to this country, they came with absolutely
6 nothing on the boat from Italy to America. And
7 they came through Ellis Island, and they migrated
8 up the Hudson River and into the little town or
9 city of Schenectady. And my grandparents had
10 16 -- my grandmother, great-grandmother, 16
11 children. Some of them never -- they didn't make
12 it, all, but 12 of them did. And they opened up
13 a little bakery shop, and they started making
14 bread. They're Italian. And they had to
15 struggle. And they opened up a little store on
16 the first floor of the two-story home that they
17 lived in on Front Street in the city of
18 Schenectady.
19 And with my grandmother bundling up
20 the babies and putting the dough in the oven and
21 taking care of customers, they worked as hard as
22 they can. And my grandfather then having to go
23 and pick up the garbage from the city of
24 Schenectady to make extra money, and to then go
25 and to work at the family business -- they did
6742
1 everything possible. And they followed the
2 rules. All's they wanted was the opportunity as
3 a minority group that came to this country.
4 And they were afforded that
5 opportunity. And all's a person, whether it's a
6 woman, whether it is someone who is of a minority
7 group, whether it's black, whether it's Asian,
8 whether it's -- whatever it may be, it doesn't
9 matter. Those who don't have an opportunity to
10 put in a contract or a proposal on a -- maybe
11 it's an RFP or maybe it's a request of proposal
12 for the services that that company can offer.
13 What they want is a fair shot, and they deserve
14 it.
15 But this program is not offering --
16 it's making it too hard for them to succeed. The
17 workforce in upstate New York is far different
18 than the workforce in New York City. And I will
19 say -- and I will commend Senator Sanders -- that
20 the program works in New York City. It works
21 pretty good. Where it doesn't work is the rest
22 of the State of New York.
23 I wouldn't want to see the
24 opportunity -- because this new law is going to
25 either disbar people who fought so hard and they
6743
1 waded through the process of getting certified
2 that was too long and too costly. They no longer
3 can meet the requirements because they moved the
4 threshold or they mandated things that their
5 payroll or their employee roster does not meet,
6 then, the new criteria or requirements that will
7 be set forth in the new rules and mandates.
8 Or then having and making a
9 contractor or a small business owner have to go
10 out and subcontract to another company to meet
11 the criterias, which only takes away the
12 opportunity of her or his employees.
13 There's a lot of work that needs to
14 be done. Senator Sanders, I'd love to work with
15 you on this. And I appreciate you taking the
16 time of coming upstate and going to the hearings
17 or the meetings that we had in upstate New York.
18 I applaud you for that. And you always said that
19 you want to be a good partner and you want to
20 tackle this issue, and I believe you. You have
21 the right intention and heart.
22 This bill, though, doesn't do it.
23 This bill goes even farther than trying to give
24 more opportunity. It limits more opportunity.
25 It's going to make it harder for small
6744
1 businesses, for people who deserve this
2 opportunity to work and to succeed in New York
3 State. It's going to put more onerous mandates
4 and requirements that's going to then take away
5 employees' opportunity to work hard and to put
6 food on their own table.
7 With that, Mr. President, I can't
8 support this bill. I just wish that this
9 majority, that the Governor and the Assembly,
10 would have listened to the men and women who are
11 so frustrated in this state and who have cried
12 out for help for years to change the program so
13 that they can put their business model and plans
14 to work and be successful because their great
15 state has a good program.
16 But this isn't it. I'll be voting
17 in the negative.
18 ACTING PRESIDENT BAILEY: Senator
19 Benjamin on the bill.
20 SENATOR BENJAMIN: Thank you,
21 Mr. President.
22 I rise as one of the formerly
23 frustrated minority business owners that my good
24 colleague Senator Amedore was talking about.
25 However, we have a different perspective on this
6745
1 bill. Respectfully, I want to just bring up this
2 part about debarment that I heard a few times.
3 That's just fundamentally not true as relates to
4 this bill.
5 Actually, what the bill says is is
6 that from a workforce diversity standpoint, there
7 will be county goals and you do your best to meet
8 the goal. There's nothing in here that says if
9 you don't meet a certain goal that you will be
10 debarred. So if there is some language about
11 debarment that folks are aware of, they should
12 let us know.
13 Let me just say a few things.
14 Because, you know, one of the things that I think
15 is important, as someone who used to be in a
16 minority-owned business building affordable
17 housing in the State of New York, it is really
18 hard as a new minority-owned business to grow
19 your business. Very simply, particularly when
20 you're dealing with government agencies,
21 typically government agencies tend to like to go
22 with the good people who have been doing the work
23 before. And in many industries you'll find that
24 there are those tried and true -- in the case of
25 what I was in -- developers who tend to get the
6746
1 projects over and over and over and over again.
2 So much so that it makes it harder
3 for minority-owned business to grow because,
4 quite frankly, if you're someone with a lot of
5 skills you might say to yourself: I can struggle
6 over here with this minority-owned business, or I
7 can take my talents as a lawyer or a
8 businessperson or what have you and go work for
9 the firm that gets all the business opportunities
10 over and over again. It's a real issue.
11 There are a number of things that
12 this bill aims to do. It doesn't do everything.
13 But there are a number of things that it's built
14 in to do that I think is very worthwhile.
15 Number one, I think the bill
16 recognizes that there's no reason to have a
17 Article 15-A -- in this case, MWBE
18 reauthorization -- for five years and not allow
19 someone to get certified for five years. Right
20 now you're going to be certified for three years.
21 There's no real reason for that. This bill looks
22 to address that.
23 On this workforce diversity piece, I
24 think it's very important to say we have
25 aspirational goals. We want to have a diverse
6747
1 workforce. That's something that we think is
2 important because there are many folks,
3 particularly minorities and women, who have been
4 shut out of opportunities. And I think having an
5 aspirational goal acknowledging that the city is
6 different from parts of upstate, but having
7 regionally based aspirational goals -- not forced
8 goals, aspirational goals -- is a good thing. We
9 should aspire to be a more diverse workforce.
10 Number three. It calls on all of
11 our agencies, state agencies, to set up four-year
12 growth plans. Why is that? We need to
13 understand that in some industries it is hard to
14 find minority and women-owned businesses, but how
15 do we look to grow that? How do we say to
16 ourselves, What opportunities could there be to
17 try to attract diversity? Because we need to
18 build capacity, right? We need -- one of the
19 things we want to do is say there are some
20 minority and women-owned businesses that probably
21 need some capital, probably need an opportunity
22 that's a small opportunity to grow to a bigger
23 opportunity.
24 But you've got to be thoughtful
25 about it. You can't just can't throw out RFPs
6748
1 and not be mindful of where the industry is now,
2 where the minority and women-owned businesses are
3 now who can be a part of that. I think this is
4 good business, and I think it's good for society.
5 Also, this bill has a bid preference
6 that says, listen, if a minority and women-owned
7 business is within 10 percent of a business -- in
8 terms of bidding for opportunity of someone
9 who -- a business that usually wins these
10 opportunities, they get a good shot.
11 I think fairness, creating
12 opportunities for other businesses to
13 participate, matters. I think it is easy to
14 forget that -- it's not -- and as Senator Amedore
15 said, it's not easy to start a new business,
16 particularly when the people who are doing well
17 in the business that you are starting don't look
18 like you. It's not easy to do.
19 And what we -- all we're trying to
20 do as a state -- at least that's what I think
21 we're trying to do, and I want to give credit to
22 Senator Sanders who has fought so hard for this.
23 I know Assemblymember Bichotte has put in a lot
24 of time on this, working with Alphonso David in
25 the Governor's office, et cetera.
6749
1 All we're trying to do is say, how
2 can we most fairly try to encourage and create
3 opportunities, acknowledging our past? I don't
4 want to go down that road of talking about our
5 past, but acknowledging that there are companies
6 and those of certain ethnicities who were shut
7 out of business opportunities. How do we try to
8 address that? That's what the disparity study is
9 for.
10 The disparity study says, wait a
11 second, let's study and see are there groups who
12 have not been able to be a part of these job
13 opportunities, these businesses, these projects.
14 And so we do disparity studies. And the
15 disparity study, the last one -- if I'm wrong,
16 someone please correct me -- in 2016 said in four
17 industries there are disparities that we need to
18 look to address: Construction, goods and
19 services, construction-related services, and
20 professional services.
21 So within that construct, within
22 those industries, we need to try to do more to
23 try to open up the door and open up opportunities
24 for businesses from minority and women-owned
25 individuals who have been historically shut out.
6750
1 Historically shut out.
2 That's what we're trying to do here.
3 We're not trying to -- we're not trying to burden
4 businesses. As a matter of fact, we're trying to
5 help businesses. I know a lot of businesses that
6 like this bill.
7 Now, a point was made about New York
8 City being -- it works in New York City but it
9 doesn't work upstate. Let's figure that out.
10 This thing says let's be aspirational. It asks
11 for agencies to have a four-year plan. I don't
12 understand what's so controversial about it. I
13 don't understand what's so -- I'm trying to
14 figure out what's the issue with that. Right?
15 Understanding that there are different dynamics
16 upstate, let's try to figure out how to do it.
17 But the answer can't be let's just do nothing. I
18 don't know if that -- I don't know if that is
19 what's being suggested or recommended. I hope
20 that's not what's being suggested or recommended,
21 because that, in my opinion, would not be the
22 right direction.
23 So, you know, I don't want to
24 belabor the point. I just want to say that I
25 think we as a state are doing the right thing
6751
1 with this bill. Is it perfect? Absolutely not.
2 Are there things we have to address next year
3 with the budget? Absolutely. Could we go down
4 this road and say, wait a minute, we've got to
5 tweak this, let's change that, let's focus on --
6 of course we could and should.
7 And I think it is important, as many
8 of us have heard, and it's an important point to
9 recognize, that New York City is not upstate. I
10 think that is clear. That's why this language is
11 the way it is.
12 But let's be clear, we do need to
13 try to figure out how do we do this upstate.
14 And, you know, maybe we need to be encouraging
15 people to start their own companies. Maybe they
16 would be encouraged if they knew there was
17 opportunities and ways for them to get started.
18 It's not easy to start your own company when you
19 know you can work for someone else and get a
20 salary. When you go to start your own company,
21 you might not be able to pull it off. You don't
22 see people like you, it's hard to do.
23 So let's just be thoughtful about
24 this. I think we should be respectful of
25 everyone's opinion on this. But let's be -- I
6752
1 just want to be very clear, no one is being
2 debarred as a result of this bill.
3 This bill is a good bill. I look
4 forward to it passing. And I'll be happy to vote
5 for it when the time comes.
6 Thank you, Mr. President.
7 ACTING PRESIDENT BAILEY: Senator
8 Ranzenhofer.
9 SENATOR RANZENHOFER: Thank you,
10 Mr. President.
11 ACTING PRESIDENT BAILEY: On the
12 bill or --
13 SENATOR RANZENHOFER: This is on
14 the bill.
15 ACTING PRESIDENT BAILEY: Senator
16 Ranzenhofer on the bill.
17 SENATOR RANZENHOFER: So we're
18 discussing the bill that has been around for
19 about five days, but an issue that has been
20 around for decades.
21 And one of the things that's
22 encouraging, after listening to Senator Sanders
23 and Senator Benjamin, is a recognition that there
24 are geographical -- or geographic and demographic
25 differences throughout the state and also an
6753
1 acknowledgment that, you know, we're still
2 dealing with the issue of waivers, which in and
3 of itself is an acknowledgment that a good part
4 of the program doesn't work.
5 So what we have in my area, and this
6 was alluded to a little bit earlier, is we have
7 companies just like the companies that come into
8 all of our offices saying that we can just -- we
9 cannot operate under the levels that are imposed
10 right now. And what we are really doing, and
11 we've done this on so many issues -- again, for
12 an issue that's been around for such a long, long
13 time -- is to defer to some other administrative
14 agency or bureaucrat to set goals that we in the
15 Legislature -- I believe we know what to do, and
16 we really should be doing it.
17 There is a difference between
18 upstate and downstate. And that should be
19 addressed in this particular bill, and it is not.
20 I know the sponsor acknowledged the
21 waiver issue. Well, why does somebody go out and
22 get a waiver? Somebody gets a waiver because the
23 program is not working in that part of the state
24 in order to fill these -- whether you call them
25 aspirational goals or goals that are set by the
6754
1 department, they simply do not work.
2 There is a difference between
3 New York City and the rest of the state. We deal
4 with the issue of, as was mentioned earlier, of a
5 company not being able to use their own employees
6 and having to subcontract out work.
7 Now, if you'll bear with me for just
8 a moment, I think it was Senator Benjamin that
9 said that there were a lot of businesses that
10 like this bill. Well, let me tell you who
11 doesn't like this bill. Who doesn't like this
12 bill are the very men and women from all parts of
13 the state, all stripes, who have been dealing
14 with this issue for many, many years, and these
15 folks are saying that it doesn't work for them.
16 So who are these groups? Are these
17 just a few groups from Senator Little's district
18 or Senator Amedore's district? No. These are
19 the American Institute of Architects in New York
20 State. These are the Associated General
21 Contractors of New York State. These are the
22 Association of Electrical Contractors. These are
23 the American Council of Engineering Companies in
24 New York. These are the Building Contractors
25 Association of New York. These are the Building
6755
1 Contractors Association of Westchester and the
2 Mid-Hudson Region. These are the Builders
3 Exchange of Rochester, the Builders Exchange of
4 the Southern Tier, the Building Industry
5 Employers of New York State, the Construction
6 Employers Association of Central New York, the
7 Building and Construction Trades Council of
8 Westchester and Putnam Counties, the Business
9 Council of New York State, the Construction
10 Contractors Association of Hudson Valley, the
11 Fabricators and Erectors Association of Hudson
12 Valley, SMACNA Southeastern New York, the
13 Construction Exchange of Buffalo and Western
14 New York, the Construction Industry Council of
15 Westchester and the Hudson Valley; the Eastern
16 Contractors Association, the Empire State
17 Subcontractors Association, the General
18 Contractors Association of New York, the Hudson
19 Valley Building and Construction Trades Council,
20 the Hudson Valley Building and Construction
21 Labor-Management Alliance, the Hudson Valley
22 Construction Industry Partnership, the
23 Long Island Contractors Association, the National
24 Fire Sprinkler Association, the New York Building
25 Congress, the New York State Economic Development
6756
1 Council, the New York State Association of
2 Electrical Contractors, the New York State
3 Council of Landscape Architects, the New York
4 State Council of NECA Chapters, the Long Island
5 Chapter of NECA, the Sheet Metal and
6 Air-Conditioning Contractors National Association
7 of Long Island, the Sheet Metal and
8 Air-Conditioning Contractors National Association
9 of New York State, UNICON Rochester, and
10 Unshackle Upstate New York.
11 So there may be somebody that likes
12 this, but I don't know who they are. We are
13 passing a bill dealing with every -- dealing with
14 contractors and subcontractors across this great
15 and very broad and very diverse state. And we
16 have nearly 40 associations, representing
17 hundreds and hundreds of companies, representing
18 thousands of the men and women that do this work
19 every day, and what they are telling us,
20 Senators, is that this bill, the bill that we're
21 voting on right now, doesn't work for them. It
22 doesn't work for them.
23 Now, conspicuously absent from the
24 list are contractor associations from New York
25 City. So I'm going to surmise that this works
6757
1 for New York City. But when you're putting in a
2 bill that applies to the entire state and you
3 have nearly unanimous opposition from every
4 single region of the state, I would think that
5 would be reason for pause. That would be reason
6 for a Senator from the Hudson Valley or
7 Westchester or Long Island or Buffalo or
8 Rochester or the Southern Tier -- our
9 constituents are telling us, let's put the pause
10 button on this.
11 This bill doesn't work. We have
12 been aware of problems that are present in the
13 MWBE system for years. This bill, which is
14 trying to correct those problems, doesn't work.
15 So when I go back home -- and there
16 are a lot of people in my district that do this
17 hard work -- plumbing, electrical work. You
18 know, work that I can't do, and I'm thankful that
19 there are people that are able to do this type of
20 work. It's not me. But when I see these people,
21 you know, they're going to ask me, Well, Senator,
22 weren't you aware that -- except from New York
23 City -- but every single business, trade
24 organization from across the entire state was in
25 opposition to this bill? Do you not care? Do
6758
1 you not give a hoot about what people in your
2 region think?
3 And I'm going to tell them I do
4 care, I stood up on the floor of the Senate and I
5 told them I cared, I'm trying to do something
6 about it, I'm trying to fix a problem which we've
7 known for years doesn't work. We've seen a bill
8 for a few days which doesn't fix it. And I'm
9 just hopeful -- I'm not as optimistic as some of
10 my colleagues, with this bill moving forward,
11 that there's a real interest in trying to address
12 the problem when there's an opportunity to
13 address the problem, which at least seems to
14 me -- not that the recognition is not there, but
15 the willingness to address those concerns from
16 all four corners of the state is not being heard,
17 is being ignored.
18 And I think that's a sad situation.
19 When we go back into our towns and villages and,
20 you know, see our constituents in our hometown
21 and tell them what happened on this day with this
22 particular bill, trying to fix a concept which is
23 a very good concept, an idea which has great
24 merit -- but it's all in the details, and the
25 details here just don't cut it.
6759
1 Thank you, Mr. President. I'll be
2 voting no when the bill comes up on the floor for
3 a vote.
4 ACTING PRESIDENT BAILEY:
5 Senator Akshar.
6 SENATOR AKSHAR: Thank you,
7 Mr. President. Would the sponsor yield for a
8 couple of questions?
9 ACTING PRESIDENT BAILEY: Does the
10 sponsor yield?
11 SENATOR SANDERS: Absolutely.
12 ACTING PRESIDENT BAILEY: The
13 sponsor yields.
14 SENATOR AKSHAR: Senator, it was a
15 pleasure working with you on this particular
16 issue, and I look forward to having additional
17 conversations.
18 Senator -- Mr. President, through
19 you. Senator, you discussed a three-way
20 agreement on this particular issue. Can you just
21 describe that three-way agreement? Specifically
22 my question to you is, what did the Senate get?
23 You must have brought something to that
24 conversation as part of that three-way agreement.
25 So what did you advocate for in this particular
6760
1 piece of legislation on behalf of the State
2 Senate?
3 SENATOR SANDERS: Through you,
4 Mr. President. Love your question. Among the
5 things that we sought to get out of this one was
6 a lot on the issue of personal net worth, a lot
7 of transparency. We felt that it was one of the
8 major problems, that we needed far more
9 transparency on this issue.
10 We achieved a lot on the terms of
11 the issue of personal net worth. We achieved a
12 heck of a lot on the issue of transparency. We
13 are still working on many other issues, worthy
14 issues.
15 SENATOR AKSHAR: Mr. President,
16 through you, if the sponsor would continue to
17 yield.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor yield?
20 SENATOR SANDERS: The sponsor
21 yields.
22 ACTING PRESIDENT BAILEY: The
23 sponsor yields.
24 SENATOR AKSHAR: I just want to
25 talk a little bit about the latest disparity
6761
1 study. What was the level of participation by
2 those who work in this area in the recent -- the
3 most recent disparity study?
4 SENATOR SANDERS: According to the
5 disparity study, the availability was over
6 50 percent for available prime contractors and
7 subcontractors. We are going for a 30 percent
8 goal.
9 SENATOR AKSHAR: Thank you,
10 Mr. President. Through you, if the sponsor would
11 continue to yield.
12 ACTING PRESIDENT BAILEY: Will the
13 sponsor yield?
14 SENATOR SANDERS: The sponsor
15 yields.
16 ACTING PRESIDENT BAILEY: The
17 sponsor yields.
18 SENATOR AKSHAR: I'm sorry,
19 Senator, I don't think I articulated my question
20 well enough.
21 I'm interested in when the disparity
22 study was commissioned and they went into the
23 field -- I guess I'll ask two questions -- what
24 tool was used to garner information from those
25 that we were seeking to get information from?
6762
1 How did we get the information from the folks
2 that were responding to the disparity study? And
3 then of all of the people who could have
4 responded who work in this arena, what percentage
5 of those businesses responded to the 2016
6 disparity study?
7 SENATOR SANDERS: Through you,
8 Mr. President. I can tell you that statistical
9 and anecdotal evidence was sought and gotten. I
10 will also have to tell you that your question
11 should be put to the Mason Tillman organization
12 that did the study. They are the specialists on
13 the tools that they used.
14 I will tell you that they have done
15 more than 100 of these disparity studies. I can
16 tell that they have been taken to court three or
17 four times, and I can tell you that they have
18 never lost a court case.
19 SENATOR AKSHAR: Mr. President,
20 through you, if the sponsor would continue to
21 yield.
22 ACTING PRESIDENT BAILEY: Will the
23 sponsor yield?
24 SENATOR SANDERS: Yes,
25 Mr. President, absolutely.
6763
1 ACTING PRESIDENT BAILEY: The
2 sponsor yields.
3 SENATOR AKSHAR: Let me just
4 address that 50 percent issue real quickly, if I
5 may. If the number in fact is 50 percent or
6 53 percent, as you've discussed, why so many
7 waivers?
8 SENATOR SANDERS: Well, the
9 50 percent is not statewide, sir. There are
10 areas where there may be 70 percent. There are
11 areas that may be 20 percent. There are areas --
12 it would have to do with your area, sir.
13 And I'd like to know why there are
14 so many waivers myself, sir.
15 SENATOR AKSHAR: Mr. President,
16 through you, if the sponsor would continue to
17 yield.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor yield?
20 SENATOR SANDERS: The sponsor
21 yields.
22 ACTING PRESIDENT BAILEY: The
23 sponsor yields.
24 SENATOR AKSHAR: You and I have had
25 this discussion. I think you are -- you
6764
1 appreciate what Tillman did in this particular
2 study. Why do you suppose that Tillman wouldn't
3 testify in front of the Senate last year?
4 SENATOR SANDERS: Through you,
5 Mr. President. Usually when a study is done, the
6 company that gets the study also gets a contract
7 to defend the study. New York State, for
8 whatever reason, did not do that, sir. They gave
9 the contract to do the study, but they didn't get
10 give a contract to defend the study.
11 SENATOR AKSHAR: Mr. President,
12 through you, if the sponsor would continue to
13 yield.
14 ACTING PRESIDENT BAILEY: Will the
15 sponsor yield?
16 SENATOR SANDERS: The sponsor
17 yields.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR AKSHAR: I just want to go
21 back to that engagement piece. And I probably
22 should have just offered the number.
23 So SurveyMonkey was used by Tillman
24 to gather the information. And of all of the
25 people who could have responded, just a little
6765
1 over 6 percent of the folks that could have
2 responded in this area responded. That's --
3 we're basing our disparity study off of 6.2
4 percent information garnered from those folks.
5 My question, I think moving
6 forward -- because my understanding of this
7 statute is that we will be requesting a new
8 disparity study. What is going to be done to
9 ensure that we get as much public input as we
10 possibly can? We seriously understand this. I
11 would much rather, and I'm sure you feel the same
12 way, have 94 percent participation and have
13 6 percent of the people not answer.
14 So what are we doing moving forward
15 to ensure participation?
16 SENATOR SANDERS: Through you,
17 Mr. President. To go back to your 6 percent, it
18 may not be unusual throughout the nation to get
19 that type of return, sir. People are busy,
20 businesspeople are very much into running their
21 business. It may not be accurate -- or let me
22 get rid of the word "accurate" -- unusual.
23 However, this is the Empire State.
24 And your second question is, I would argue, the
25 best question. Even if they used that as a
6766
1 survey and they did use other methodologies to
2 get this information -- let's assume they did
3 everything right for a moment. We should insist
4 we must do everything in our power to ensure that
5 even if they did everything right, by the book,
6 let's say, that this is the Empire State and we
7 want more going forward.
8 To that, we're all going to have to
9 work together here. We're going to have to
10 figure out -- we're going to have to go across
11 this divide here. We're going to have to figure
12 out how upstate and downstate and around state,
13 for that matter, can get all of the populations
14 to come out and say, Hey, we're going to be
15 involved in this one because otherwise we're
16 going to pay for it.
17 SENATOR AKSHAR: Mr. President,
18 just on the bill for just a second.
19 ACTING PRESIDENT BAILEY:
20 Senator Akshar on the bill.
21 SENATOR AKSHAR: You know -- no,
22 I'm going to continue asking questions, Senator.
23 You know, I don't necessarily think
24 we're as divided as some may think on this
25 particular issue. I think it's the consensus of
6767
1 members of this house, both Republicans and
2 Democrats, that it's a worthwhile program. And
3 it's a program that we should do everything in
4 our power to make the best.
5 But, you know, you mentioned that
6 it's tough to get businesses to respond to things
7 like that. They are busy. They're busy cutting
8 through all the red tape that we create in this
9 state. And, you know, I'm always fearful in this
10 program that we haven't done enough to get rid of
11 that bureaucratic red tape.
12 So, Mr. President, if the sponsor
13 would continue to yield.
14 ACTING PRESIDENT BAILEY: Will the
15 sponsor yield?
16 SENATOR SANDERS: He yields.
17 ACTING PRESIDENT BAILEY: The
18 sponsor yields for a question.
19 SENATOR AKSHAR: The 2016 disparity
20 study, what did that study say that the goal
21 should be?
22 SENATOR SANDERS: The goal of the
23 2016 disparity study, it was seen that 30 percent
24 was a good aspirational statewide goal.
25 SENATOR AKSHAR: Mr. President,
6768
1 through you, if the sponsor would continue to
2 yield.
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield?
5 SENATOR SANDERS: The sponsor
6 yields.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR AKSHAR: Did it say that
10 that should be the goal on every contract? Did
11 it talk about individual goals on separate
12 contracts?
13 SENATOR SANDERS: Through you,
14 Mr. President, no, this is statewide -- through
15 you, Mr. President. I'm sorry, I'm speaking a
16 little too quick here.
17 No, that's a statewide goal. And
18 each contract should have its own aspirational
19 goal, sir.
20 SENATOR AKSHAR: I'm sorry, one
21 more time. Every contract, every contract
22 separate of one another should have its own
23 aspirational goal?
24 SENATOR SANDERS: Every contract
25 has a goal set by its industry, sir.
6769
1 SENATOR AKSHAR: Okay.
2 Mr. President, through you, if the sponsor would
3 continue to yield.
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR SANDERS: The sponsor
7 yields.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR AKSHAR: So are we sure
11 that that goal -- it sounds like that
12 aspirational goal has been set statewide,
13 correct, whether we're in the North Country, the
14 Southern Tier where I'm from, or New York City
15 where you're from. Am I -- is that a fair
16 assessment?
17 SENATOR SANDERS: That is correct,
18 it's a statewide aspirational goal.
19 SENATOR AKSHAR: Mr. President,
20 through you, if the sponsor will continue to
21 yield.
22 ACTING PRESIDENT BAILEY: Will the
23 sponsor yield?
24 SENATOR SANDERS: The sponsor does
25 yield.
6770
1 Let me say that we also -- that
2 goal, it should be remembered that women are part
3 of the MWBE, and every part of our great state
4 has women. But he had a question.
5 ACTING PRESIDENT BAILEY: The
6 sponsor yields to Senator Akshar's question.
7 SENATOR AKSHAR: So in your
8 opinion, does it comply with the narrow tailoring
9 required by the Croson decision?
10 SENATOR SANDERS: Yes. Very much
11 so, sir. Through you, Mr. President, yes, very
12 much so.
13 SENATOR AKSHAR: Let me move, if I
14 may, Mr. President, if the sponsor would continue
15 to yield.
16 ACTING PRESIDENT BAILEY: Will the
17 sponsor yield?
18 SENATOR SANDERS: The sponsor
19 yields.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR AKSHAR: Senator Sanders,
23 would you do me a favor and just explain to me
24 just quickly about the workforce diversity piece
25 of the statute? I just want to make sure I
6771
1 understand exactly what we're trying to
2 accomplish here.
3 SENATOR SANDERS: Absolutely. My
4 favorite part, Mr. President.
5 Looking at the great State of
6 New York and the labor force that we have and
7 trying to ensure that all parts of New York are
8 involved in the labor force, we are trying to
9 ensure that in terms of contracting, in terms of
10 construction contracts, this will apply to them.
11 This will not apply to anything besides
12 construction contracts.
13 But we are setting an aspirational
14 goal of 30 percent. And we are looking -- and we
15 believe that the people of New York, which come
16 in every race, creed, color, gender, will be able
17 to meet it or at least come close to it.
18 SENATOR AKSHAR: Mr. President,
19 through you, if the sponsor would continue to
20 yield.
21 ACTING PRESIDENT BAILEY: Will the
22 sponsor yield for a question?
23 SENATOR SANDERS: The sponsor
24 yields.
25 ACTING PRESIDENT BAILEY: The
6772
1 sponsor yields.
2 SENATOR AKSHAR: Driven by the
3 census, I think you said to somebody else. Maybe
4 Senator Amedore, when he was questioning you.
5 So does that mean if the census says
6 in Binghamton that the diversity of the community
7 in construction -- or excuse me, the diversity of
8 the community is such -- let's use some numbers:
9 25 percent African-American, 15 percent
10 Asian-American, 30 percent Caucasian. Is that
11 what the construction workforce in the Southern
12 Tier needs to reflect?
13 I'm a general contractor, and I'm
14 going to do work at the joint sewage treatment
15 plant. And if I get that job, my workforce that
16 I will be employing at the joint sewage treatment
17 plant has to be made up that way.
18 SENATOR SANDERS: Through you,
19 Mr. President. The director will set those
20 goals, sir, for that particular area and that
21 particular contract. The director will set it
22 with the understanding that certain things are
23 possible in certain areas and certain things are
24 simply an aspiration.
25 SENATOR AKSHAR: Mr. President,
6773
1 through you, if the sponsor would continue to
2 yield.
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield for a question?
5 SENATOR SANDERS: The sponsor
6 yields.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR AKSHAR: I'm in no way
10 being argumentative about this particular piece.
11 I'm just a little bit concerned about it. I
12 think it's a very important piece of legislation,
13 as you described.
14 I'm just concerned that we talked --
15 you're talking about it, we're talking about
16 aspirational goals. Senator Benjamin spoke
17 eloquently about aspirational goals. But then
18 there is the real-world reality, right, that
19 we've set this 30 percent aspirational goal
20 statewide. And, you know, I don't believe a
21 hundred percent that in Staten Island it's
22 incredibly easy to meet that 30 percent. Maybe
23 in Brooklyn it's not. Certainly not in
24 Binghamton or in the North Country.
25 I'm just concerned about this
6774
1 particular piece that you say the director is
2 going to set this -- these goals based on the
3 census data. What happens if -- what happens if
4 I as the owner of that general contracting firm,
5 I can't attract Asian-Americans or Caucasians
6 into my workforce? What happens to me as the
7 general contractor in that situation?
8 SENATOR SANDERS: Through you,
9 Mr. President. One of the things, one of the
10 safeguards that we have put in this is the
11 transparency, where you will see much more of
12 this information on a monthly basis of who has
13 applied for a waiver and who is granted a waiver.
14 So I think that the role of the
15 Senate is not going to stop at this point,
16 because the transparency will allow us to see
17 what's going on and respond in an appropriate
18 fashion.
19 Now, one of the key points to make a
20 waiver -- to get a waiver is something called a
21 good-faith effort. Good-faith effort. If one is
22 making a good-faith effort, meaning that you
23 have -- if you're trying to find people, you at
24 least try to find people. If you've made that
25 good faith effort, then all of those things
6775
1 should be taken into account by the director.
2 And we as the Senate will get a
3 chance to see on a monthly basis how this is
4 going so that we can tweak this. We think this
5 is an ongoing opportunity, an ongoing opportunity
6 that we're going to have to watch this one.
7 SENATOR AKSHAR: Mr. President,
8 through you, if the sponsor would continue to
9 yield.
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor yield?
12 SENATOR SANDERS: The sponsor
13 yields.
14 ACTING PRESIDENT BAILEY: The
15 sponsor yields.
16 SENATOR AKSHAR: Is there anything
17 in the legislation that will -- as the general
18 contractor, is the state going to help me? If I
19 say, you know what, I want to do this work, I
20 want to do my very best to ensure that I can hit
21 those aspirational goals, but I'm struggling.
22 I'm just having a hard time finding 30 percent of
23 my workforce to be Caucasian. Is there anything
24 in the legislation that will help me? Will the
25 state come in and say, you know what, Akshar,
6776
1 you're doing the right thing, we know you want to
2 do the right thing, we want to help you?
3 SENATOR SANDERS: Through you,
4 Mr. President, your short answer is not enough.
5 Well, let me be clearer still. The answer is no,
6 sir. That the -- the government is seen in that
7 sense as neutral, where it is not putting its
8 finger helping either side, but as an arbiter at
9 the end.
10 SENATOR AKSHAR: I'm on the bill,
11 Mr. President.
12 ACTING PRESIDENT BAILEY: Senator
13 Akshar on the bill.
14 SENATOR AKSHAR: I would just
15 respectfully say to you, but the government has
16 their fingers in this program when they want to
17 penalize you. Right? They're very quick,
18 government, state government is very quick to
19 come down very hard on general contractors,
20 subcontractors in this space if they're not
21 following the rules.
22 I would just ask this moving
23 forward. I am -- I'm going to vote no today. I
24 think that we have -- we certainly have more work
25 to do. I think it's a program that can be
6777
1 incredibly beneficial. I would just ask you to
2 think about that point I just made about, as we
3 move forward, ensuring that government in this
4 particular space is not only thought of as really
5 dropping a hammer, right, and coming down hard on
6 people who aren't fulfilling their obligations,
7 but also doing their very best to help people.
8 I smiled when you said we're trying
9 to reduce the amount of time from 60 days to 45
10 days. Because again, in reality, that's -- it's
11 more like 10 months or a year, right, before
12 people hear. That's terrible. It really is.
13 It's terrible. We must do a better job.
14 And as you're advocating moving
15 forward -- and I'll continue to talk about it
16 with you -- let's ensure when we come back here
17 next year and we go through the budget process,
18 that this state agency has what they need so
19 people don't have to wait 10 months or 12 months,
20 whether they're from Brooklyn or they're from
21 Binghamton or Oswego, it doesn't matter. Let's
22 do our very best to ensure that we hold the
23 agency's feet to the fire and make sure they hold
24 to that 45 days.
25 Thank you, Mr. President.
6778
1 ACTING PRESIDENT BAILEY:
2 Senator Sanders on the bill.
3 SENATOR SANDERS: Thank you very
4 much, Mr. President.
5 I want to thank everybody who
6 participated in this debate. It was enlightening
7 and -- and very warm over here on occasion.
8 Senator Ranzenhofer was talking
9 about these groups that he was mentioning, and I
10 was listening to see if there were any MWBEs in
11 those groups, and I failed to recognize any of
12 those.
13 Suffice it to say I could provide a
14 list of all of those who like things and -- but
15 it wouldn't answer the question, and the people
16 deserve better than that.
17 Senator Akshar was -- pointed out
18 some very useful things. We do need to figure
19 out approved lists, approved lists of MWBEs and
20 people of that nature.
21 This is not finished. It's nowhere
22 near finished. We have a lot more work to do.
23 And regardless of how you vote today, I need your
24 help. I need your help in trying to figure out
25 how to make this real for New York State. And I
6779
1 look forward to working with you. I look forward
2 to hearing frank positions from you, and I would
3 expect nothing less. And I've never received
4 anything less than that, so I appreciate that.
5 I want to thank Senators Amedore and
6 Ranzenhofer for their passion, incredible
7 passion. I want to thank Senators Akshar and
8 Little for their direction. They were bold
9 enough to take me around the state, and other
10 people.
11 I of course want to thank Senator
12 Benjamin. He said it better than I could, so
13 there's no need to say it again. You heard his
14 position is mine.
15 I of course want to thank the task
16 force members who put a lot of time -- past and
17 present, who put a lot of time into this issue,
18 who took it and went a long way.
19 I would be remiss if I did not thank
20 my colleague in government, who I did not know
21 was back there, but that's all right. No wonder
22 I was -- I stood straighter and spoke better. I
23 should have known that. I of course want to
24 thank you, Jellisa, for being right there when I
25 needed you. Shontell.
6780
1 But I mostly want to thank, of
2 course, our great leader, Senator Andrea
3 Stewart-Cousins, for deciding that we were going
4 to tackle not just an extension, but we're going
5 to tackle some of the issues in this program, a
6 magnificent idea that has to -- that deserves --
7 the people deserve for this to be the best that
8 it possibly can. And it can only get that way if
9 all of us work together and really just push this
10 thing, along with our great friends on the second
11 floor, and make sure that it goes in the
12 direction that it needs to go.
13 So again, I want to thank everyone
14 for -- whatever failures that you see in this are
15 mine. Whatever victories are the people who
16 worked hard on this issue. So I do want to thank
17 everybody. And I want to say that we would be
18 remiss if I didn't thank you too, Mr. President.
19 And you guys will decide what to do from there.
20 Thank you very much. I vote yes.
21 ACTING PRESIDENT BAILEY:
22 Senator Parker on the bill.
23 SENATOR PARKER: Thank you,
24 Mr. President, on the bill.
25 Let me first thank Senator James
6781
1 Sanders for his intrepid leadership, leading the
2 MWBE task force for many years -- since he's
3 actually been here -- and we've been kind of
4 building momentum to this day.
5 The reauthorization of 15-A is
6 critically important for, you know, more than
7 60 percent of the population of the entire state.
8 Let's understand the root reason why we're doing
9 this bill today. We have an expression now that
10 I always find cute when I hear it, people use it,
11 is that sometimes we have legislation and we call
12 it a solution looking for a problem. Right?
13 That's not this. Right?
14 This is not a solution looking for a
15 problem. Let's be very clear. Racism exists in
16 this state, and it has. Right? In the same way
17 that we know that sexism exists in this state.
18 And we know that access to full-time jobs at a
19 living wage with benefits, we know access to
20 business opportunities, we know access to
21 contracts with the State of New York are not
22 equally given out between every group of people
23 in the State of New York. That's why 15-A was
24 created.
25 So this is actually a solution to a
6782
1 very real problem. So I want people to
2 understand that this is -- when we talk about a
3 disparity study, what we've gotten to is where
4 the courts have said to us, yeah, we believe
5 there's a problem and rhetorically we can always
6 talk about problems, but you really need a study.
7 And what that disparity study actually does is
8 root in science and in facts and figures what we
9 actually all know rhetorically, which is that
10 racism exists in State of New York and sexism
11 exists in State of New York.
12 African-Americans as we stand here
13 represent approximately 16 percent of the
14 20 million people who live in the State of
15 New York. Latinos represent 19 percent of the
16 state. Women, over 51 percent of the people in
17 the State of New York.
18 And so you start talking about --
19 you know, put all those groups together and we're
20 quibbling over 30 percent? We're quibbling over
21 30 percent. Women themselves, if you want to do
22 it in a way that's either from an equity
23 perspective or an equality perspective, should be
24 at least getting 50 percent. And we're talking
25 about 30 percent between women, blacks, Latinos,
6783
1 Asians.
2 And we're quibbling over 30 percent,
3 people pushing back on 30 percent. And you find
4 these populations, especially in 2019, in every
5 reach of -- you know, of our state. And I've
6 been around the state. You know, I've worked for
7 the state comptroller, I've worked on campaigns,
8 I've been literally to all 62 counties of the
9 State of New York. Right? And I've never gone
10 anywhere in the State of New York and not seen a
11 woman, not seen somebody African-American, not
12 seen somebody Latino. I just haven't.
13 We all have diverse -- this state is
14 very diverse. Even in the places that we think
15 are not as diverse as others, they're still more
16 diverse than what we see, frankly, in the
17 United States. We are a paradigm of diversity
18 here in the State of New York.
19 And what we're saying here in the
20 context of reauthorization of 15-A is two things.
21 One, we know that inequality exists both on
22 racial and gender equity, you know, levels.
23 Right? And that, two, we need to correct that by
24 creating more opportunity in our state. I don't
25 think anybody here would say that, you know,
6784
1 economic opportunity isn't the basis of the
2 American dream. Right? And when we look at the
3 State of New York, we have the third largest
4 budget in the entire country, as I know all my
5 colleagues know. Right? After the federal
6 government and the State of California, this year
7 our enacted budget was about $175 billion. We're
8 the ninth largest economy in the world.
9 And yet there are people who are
10 hungry in this state. There are people who are
11 not getting access to opportunity in this state.
12 Now, when we look at that
13 $175 billion budget, Mr. President, almost around
14 35 billion of it is actually contracted out every
15 single year. Right? So we're talking about, you
16 know, everything from paper clips to large
17 construction projects are being contracted out by
18 the State of New York, by every single agency,
19 including the State Senate.
20 And the question is, what are the
21 rules by which we make that procurement? What
22 are the rules by which we make sure that
23 African-Americans, who are 16 percent of the
24 population, Latinos, who are 19 percent of the
25 population, women, who are 51 percent of the
6785
1 population, get their fair share of the state
2 contracts? And right now they're not getting
3 their fair share.
4 And so the reauthorization of this
5 legislation is a beginning of a conversation to
6 do that. We're not even there yet. Because
7 frankly -- you know, in Brooklyn we use this
8 expression "keeping it real." Can I keep it real
9 witchall? Let me keep it real. This legislation
10 is a toothless tiger. It's a toothless tiger.
11 Yeah, we want 30 percent. We want to see
12 Binghamton get 30 percent. We want to see
13 Rochester, we want to see the North Country get
14 the 30 percent of women and minority business
15 enterprises, you know, incorporated in the
16 economic activity, particularly the economic
17 activity the state is funding. Because by the
18 way, those folks pay their taxes too. So that's
19 their money. Right?
20 But what do we say in this? Well,
21 30 percent is aspirational. Do your best, your
22 best -- you know, your best -- you know, you give
23 a good-faith effort. Is that what we say,
24 Pastor? Give it a good-faith effort to get to
25 30 percent. But what happens if you don't get to
6786
1 30 percent? Well, we'll give you a waiver.
2 That's one of the things that we do. And we've
3 given out -- even as my colleagues on the other
4 side of the aisle indicated, we've given out
5 probably more waivers than we've given out
6 contracts.
7 And then the other thing that
8 happens if you just don't do it, all we say is,
9 well, okay, I want you to try more next time.
10 We're really not penalizing anybody. Nobody's
11 going to jail, nobody's getting heavily fined.
12 You might lose your contract -- maybe, after a
13 long and involved court process. Right? But the
14 numbers of times that's happened in the state,
15 you know, is so small it's not worth mentioning.
16 And so here we're just simply saying
17 let there be some fairness. Let there be some
18 equity in the way that public dollars that come
19 from the taxpayers of the State of New York are
20 spent in this state. That's all. Give an
21 opportunity for blacks and Latinos and Asians and
22 women to get an opportunity to do business with
23 the state. How significant is that?
24 Some of you have heard of a
25 businessman named Ross Perot, ran for president a
6787
1 little while ago? Anybody know how Ross Perot
2 made his first million dollars? Right here in
3 the State of New York, processing Medicaid forms,
4 made his first million. And now a
5 multibillionaire. Right? I mean, the state is
6 replete with stories of people who were -- you
7 know, were floundering, were struggling, and got
8 that opportunity to get a state contract, and
9 that state contract broke the generational curse
10 of poverty in their families.
11 All other people are asking for is
12 the same opportunity to break that generational
13 curse of poverty in their families, to build
14 their communities up. Because particularly as we
15 talk about what's happening in the context of
16 contracts, Mr. President, it's also happening in
17 the context of employment. We haven't even had
18 a -- with all the stuff that we've done that's
19 been fabulous this year, we've had not one
20 conversation on the floor of this body about
21 labor-market discrimination.
22 And in a place like Brooklyn that I
23 represent, where over 50 percent of the
24 African-American men -- this is the largest
25 concentration of people of African descent in the
6788
1 whole Western Hemisphere outside of Brazil, and
2 50 percent of the African-American men are
3 unemployed, functionally. That's when you don't
4 look at, you know, who's willing and able to
5 work, who's not going to school. Over 50 percent
6 of them are unemployed.
7 And here we are in the shadow of
8 Wall Street, the greatest concentration of wealth
9 in the entire universe, maybe in the multiverse.
10 And so -- yet people live in poverty. And so we
11 say, let's give them a chance. Because again, if
12 you start talking about creating full-time jobs
13 at a living wage with benefits, that we know will
14 lift people out of poverty, we know that people
15 hire themselves.
16 And so this is not about petit
17 bourgeois capitalism. This is really about
18 creating a set of businesses that will hire other
19 people. Because we know that when
20 African-American businesses get a leg up and they
21 get a contract, they hire other
22 African-Americans. And Latinos hire other
23 Latinos. We know women are more likely to give
24 other women a chance to work when they own their
25 own businesses. That's what this bill does.
6789
1 And I understand that people are
2 concerned about what's going to happen in their
3 various communities. And I'm saying that the
4 worst thing that can happen is that some other
5 people in your communities will get a chance.
6 People who currently don't have contracts will
7 have a chance to get contracts.
8 Everybody in this room -- I don't
9 know anybody in this room, any of my colleagues,
10 who would not like to see a business in their
11 community get a contract from the state,
12 regardless of who that business belongs to.
13 Because those blacks and Latinos, those Asians
14 and those female entrepreneurs, you know, they
15 shop -- where y'all shop at upstate, Wegmans?
16 Somebody holler at me. So they shop in those
17 same stores. They go to Home Depot and Target
18 and Walmart. Like that economic opportunity is
19 there for everyone.
20 And so you all should be voting yes
21 on this bill, because you should be saying I want
22 to see more contracts from the state come to
23 people in my community, and this bill gives them
24 that opportunity. And when we give everybody
25 opportunity, Mr. President, we rise and we allow
6790
1 all boats to rise together.
2 Thank you.
3 ACTING PRESIDENT BAILEY: Senator
4 Harckham on the bill.
5 SENATOR HARCKHAM: Thank you,
6 Mr. President.
7 First I want to thank
8 Senator Sanders for his leadership on this, and a
9 terrific bill. Not much to be said after what
10 Senator Parker said.
11 I just want to say prior to coming
12 to the Senate, I spent two years working for the
13 Thruway on the Tappan Zee Bridge replacement
14 contract, and these were the goals on a
15 $4 billion project. And they were made, they
16 were met. And it wasn't necessarily easy; a lot
17 of outreach needed to be done. But it was met
18 because these goals were the policy of the
19 Thruway, they were the policy of the Governor,
20 they were the policy of this body, and it was our
21 mission to implement this.
22 And this is doable. And so these
23 were -- as we've heard, people in our community
24 in the Hudson Valley, in New York State, the
25 majority of the contractors and labor on that
6791
1 project came from New York State. And as we
2 heard, sometimes all a starting-out entrepreneur
3 needs is that first contract to give them the
4 leverage, to give them the experience, to give
5 them the credit so they can access financing.
6 This is not something that we should
7 be ashamed of. This is laudable. It creates
8 more economic activity, as we've heard, for
9 everybody. And these are goals that can be met,
10 because we have met these goals. On extremely,
11 extremely large projects, we have met these
12 goals, we can meet these goals, and we should
13 meet these goals.
14 I'll be voting aye.
15 ACTING PRESIDENT BAILEY: Senator
16 Jackson on the bill.
17 SENATOR JACKSON: Thank you,
18 Mr. President. Let me -- I rise in order to
19 support the bill.
20 Senator James Sanders, Jr., our
21 Senator, let me thank you for your leadership and
22 all of the time and energy that you spent on this
23 very important subject matter.
24 In fact, some of you may not know
25 that in the City Council I chaired the Contracts
6792
1 Committee for four years in which Senator James
2 Sanders, Jr., myself, and others in the City
3 Council pursued an MWBE program in New York City.
4 Where a previous mayor had put an executive
5 order, and we said no, we wanted a law in order
6 to try to put in place a legal standard in order
7 to help minority and women-owned businesses in
8 New York City. And a disparity study took place,
9 and in fact we introduced the law under a bill --
10 and I forgot the bill number.
11 But it's important to know that we
12 should do everything we can to bring about the
13 type of diversity that we would like to see. And
14 obviously some people feel that the goals and
15 objectives I heard cannot be obtained in areas
16 where there may not be so many minorities; in
17 essence, people of color.
18 But as my colleagues indicated,
19 clearly there are women all over the place. So
20 hopefully if any contractor wants a job, they
21 should take it with the opportunity of trying to
22 obtain the goals and objectives of 30 percent.
23 But one of the things I say to you,
24 which is very important in here, it also says --
25 it says here, under 16 it says it provides for
6793
1 punishment for fraud relating to minority and
2 women-owned businesses. Because some people will
3 try to rig the system and say, Okay, let me just
4 put down my wife as the owner of the company, but
5 she really doesn't own it, I own it. That's not
6 right. That's committing fraud.
7 Or they say, Well, listen, I can
8 make believe that I have more people of color or
9 more women on this contract. And that's
10 committing fraud.
11 So as they indicated, if in fact if
12 you try your best to reach that goal and
13 objective, you can always ask for a waiver,
14 depending on the areas that -- in which you're
15 at.
16 And so we just want people to do
17 their best to bring about that diversity. And I
18 say this to you, in looking at the staff that I
19 have, in the city -- when I was in the City
20 Council and now in the New York State Senate. My
21 district is 45 percent Caucasian, 12 percent
22 black, and about 40 percent Latinx. That's the
23 diversity of my district. And quite frankly,
24 when I look at it, I look at the qualifications
25 of the individuals, and understanding that the
6794
1 diversity is very important overall.
2 But with this -- this is the
3 five-year extension -- I thank James Sanders,
4 Jr., and all of the staff that worked on it, and
5 I vote aye, Mr. President.
6 ACTING PRESIDENT BAILEY: Senator
7 May on the bill.
8 SENATOR MAY: Thank you,
9 Mr. President.
10 And I want to thank Senator Sanders
11 for his hard work on this bill and for including
12 me in the process. I know firsthand how eager
13 and open he was to hearing about upstate issues
14 about how to make it as fair as possible to all
15 the geographic regions in the state. And I
16 applaud his insistence on setting our goals high,
17 and our aspirations, making them noble.
18 As a woman I've had ample
19 opportunity to see the operation of the Boys
20 Club. I know that men gather in sports bars and
21 on golf courses and in locker rooms, and they
22 make deals. And there is almost never a woman in
23 the room, let alone a person of color.
24 And so we don't have access to those
25 deals. It's not because the men are evil or even
6795
1 deliberately exclusionary, it's because they're
2 thoughtless. And I think this bill requires to
3 us be thoughtful.
4 Which is appropriate, because
5 Senator Sanders is probably the most thoughtful
6 person I've ever met, the most considerate person
7 I've ever met. And so I feel like this is a very
8 appropriate signature bill for you.
9 And I thank you very much, and I'm
10 glad to vote aye.
11 ACTING PRESIDENT BAILEY: Are there
12 any other Senators wishing to be heard?
13 Senator Ritchie on the bill.
14 SENATOR RITCHIE: Thank you,
15 Mr. President.
16 I wasn't going to speak on the bill,
17 but I feel like I should answer some of the
18 questions that some of my colleagues have put
19 forward, because I was on the task force.
20 And Senator Sanders, I want to start
21 off by saying how much I appreciate the fact that
22 you did come to the district, you did listen to
23 the concerns, and I truly believe that you want
24 to find some way to make this program work. And
25 I can honestly tell you that I believe there's a
6796
1 lot of merit in this program and I want to do
2 what I can to help it succeed too.
3 But some of conversation for me has
4 been a little concerning because I know in my
5 district, yeah, there's 50 percent of the women
6 there. And it makes it sound like when I have
7 such significant problems in the North Country,
8 it's because we're not doing anything.
9 I have held boot camp after boot
10 camp. We have sent out invitations to the women
11 in the district trying to encourage them to take
12 part in this, what an opportunity it is. But
13 when they don't, there's a real shortage there.
14 When a company comes in -- and I can tell you
15 more than just about any other issue, I've heard
16 from people in my district saying that we believe
17 in the program, we want to try, but when there's
18 not enough businesses out there, what are we
19 supposed to do?
20 So we've tried to encourage people
21 to participate, but there still is not enough
22 people taking part in the program. So in the
23 meantime, when we have businesses who are out
24 there looking in good-faith effort, they come
25 back and they can't meet the goals -- which
6797
1 really aren't goals, they really are pretty much
2 set in stone -- they're told, Go back out and try
3 again. So they go back out and try. These are
4 people who are trying to do a job. They say this
5 is, you know, what we can find now. Go out and
6 try again.
7 For some of them -- I think for me,
8 which was really problematic, I represent a
9 really economically challenged area. So at one
10 of meetings we had with the MWBE working group,
11 it came up a lot of times these companies have to
12 hire outside the area. Well, I don't want them
13 to hire outside the area, because we have one of
14 the highest unemployment rates. So when I asked
15 the question what do we do when there's not a
16 company that would fit for them to hire, I was
17 told, Well, you know what, in New York City
18 there's one.
19 Well, I represent the North Country
20 where there's a big need. I'm sorry, I believe
21 it's totally unacceptable that a company in my
22 area would have to go to New York City to fill
23 what they need as far as the quotas.
24 So I'm just asking, from my point of
25 view, just take into consideration those
6798
1 companies who are really trying, who are trying
2 to put people to work every day, who are making a
3 good-faith effort and they just can't get there.
4 And to Senator Parker's comment
5 about it's only a goal, you know, nobody's going
6 to jail -- that's not exactly accurate. For a
7 lot of these companies who are trying their best,
8 they go out, they do the job, they come back and
9 then they find out from the state: Oh, well,
10 guess what, we're going to hire this amount, this
11 percentage of what you've paid out on the job
12 because you didn't meet the quota.
13 So sometimes that's a huge penalty.
14 For one company, you know, it was $100,000. And
15 I honestly believe the majority of them are
16 trying to do the right thing.
17 So Senator Sanders, I just want to
18 say to you I appreciate that you're trying to do
19 the right thing. I appreciate you're trying to
20 address the issues in my district. But I'm going
21 to vote no on this. Not that I don't support the
22 program, and not that I don't think my colleagues
23 support the program. We just want a way that
24 makes it work in the North Country where we can
25 keep people working in our own area.
6799
1 If I can encourage 30 percent and do
2 anything to get to that goal in the North
3 Country, I'm all in. But if we can't, there's
4 got to be a real workaround so that people in my
5 area get to work and they don't have to call a
6 list from New York City.
7 So with that, I pledge, you know,
8 anything I can do to help make the program
9 better. But, you know, we just have to be
10 realistic about the goals and about the
11 differences between where I live and where others
12 live, and the fact that these companies who are
13 trying to do the right thing, they are getting
14 penalized. And for most of them, when they're
15 calling, they're like, We're not going to take
16 part in state contracts anymore, it's just too
17 risky.
18 So Mr. President, thank you for the
19 opportunity. And I will be voting in the
20 negative.
21 ACTING PRESIDENT BAILEY:
22 Senator Serino on the bill.
23 SENATOR SERINO: Thank you,
24 Mr. President. And I want to say thank you to
25 Senator Sanders for sponsoring this very
6800
1 important legislation.
2 And you can hear the passion in this
3 room today, right, from every one of us. We
4 fully believe in this program. And I can tell
5 you, I want to see a robust MWBE program. I am a
6 female business owner. But I can tell you, for
7 the past four and a half years since being here,
8 this is the program, the state-run program that
9 I've received the most complaints on.
10 And it's great that we did the
11 hearings, and I want to see us do more. I want
12 to echo what Senator Ritchie said today, because
13 she's spot on. And I think we heard so many of
14 the complaints from a variety -- throughout the
15 state of the things that we need to work on.
16 Those are great suggestions that I think, if we
17 work together, we can definitely implement them.
18 So that's basically it. I just
19 want -- you know, we talked about New York City,
20 how it works in New York City. We want to see it
21 work statewide. And I think that is the problem,
22 the ratios, the percentages. And those are
23 things that we can work on together.
24 So I just want to say thank you once
25 again. Thank you to this body. There's a lot
6801
1 more women here now. I look forward to having a
2 dialogue with everybody and really truly getting
3 something done.
4 Because of the issues that were
5 mentioned today, I'm going to be a no. It's not
6 because I don't support the idea and the concept;
7 I absolutely do. Firm believer. But I look
8 forward to making it the best that it can be.
9 So thank you.
10 ACTING PRESIDENT BAILEY: Senator
11 Liu on the bill.
12 SENATOR LIU: Thank you,
13 Mr. President, for the opportunity to explain my
14 vote here.
15 I am voting for this important bill.
16 You know, I've heard a lot of the back and forth
17 on this. And honestly, none of this, none of the
18 arguments for or against are new. In fact,
19 they've been going on for years, and in some
20 cases decades. The idea that fulfilling some of
21 the requirements of this law will be inconvenient
22 or unfriendly to business or even impossible in
23 some cases, those have all been heard before,
24 even in New York City. There was a time in
25 New York City when it was very difficult for
6802
1 business to meet these diversity mandates.
2 So I remind us all why we have these
3 goals -- or if you want to call them mandates,
4 mandates -- in the first place. And that is that
5 we have had a very long history where people,
6 specifically minorities and women, simply did not
7 get their fair share of contracts, contracts that
8 taxpayers pay for.
9 And that's why we have to not only
10 extend 15-A but enhance it in a way that will
11 really bring us closer more quickly to the day
12 where every business owner can have equal
13 opportunity. And when we have that equal
14 opportunity, as Senator Benjamin said before, we
15 will start eradicating some of the disparities in
16 employment opportunities that New Yorkers have.
17 Thank you very much, Mr. President.
18 And I want to thank our sponsor, Senator Sanders,
19 and our Assemblymember, Rodneyse Bichotte, who
20 has been with us in this journey, for their great
21 work. Thank you.
22 ACTING PRESIDENT BAILEY: Are there
23 any other Senators wishing to be heard?
24 Seeing and hearing none, debate is
25 closed.
6803
1 Senator Gianaris.
2 SENATOR GIANARIS: Okay,
3 Mr. President, without objection can we return
4 this bill to the noncontroversial calendar, as
5 well as Calendars 1635 and 1670, and also remove
6 the temporary lay-aside on Calendar 1692.
7 ACTING PRESIDENT BAILEY: Without
8 objection, so ordered.
9 SENATOR GIANARIS: And let's take
10 those up noncontroversial, please.
11 ACTING PRESIDENT BAILEY: There is
12 a substitution at the desk.
13 The Secretary will read.
14 THE SECRETARY: Senator Sanders
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 8414 and substitute it for
17 the identical Senate Bill Number 6575, Third
18 Reading Calendar 1661.
19 ACTING PRESIDENT BAILEY: The
20 substitution is so ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1661, Assembly Print Number 8414, by
24 Assemblymember Bichotte, an act to amend the
25 Executive Law.
6804
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 16. This
4 act shall take effect on the 180th day after it
5 shall have become a law.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Senator
10 LaValle to explain his vote.
11 SENATOR LaVALLE: Mr. President, I
12 rise to explain my vote.
13 I'm going to support this measure,
14 although there are some issues, some problems.
15 There are issues such as this that move along
16 like a tortoise, but we need to make progress.
17 Equality is very important. And I want to be
18 recorded in the affirmative.
19 ACTING PRESIDENT BAILEY: Senator
20 LaValle recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1661, those Senators voting in
24 the negative are Senators Akshar, Amedore,
25 Antonacci, Flanagan, Funke, Gallivan, Griffo,
6805
1 Helming, Jacobs, Jordan, Little, O'Mara, Ortt,
2 Ranzenhofer, Ritchie, Robach, Serino, Seward and
3 Tedisco. Also Senator Lanza.
4 Ayes, 42. Nays, 20.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1635, Senate Print 6457A, by Senator Gianaris, an
9 act to amend the Election Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Senator
18 Gianaris to explain his vote.
19 SENATOR GIANARIS: Thank you,
20 Mr. President.
21 We began the first day of
22 legislative activity this year with a focus on
23 improving election laws, making it easier for
24 people to vote, including improving voter
25 participation in New York. We passed early
6806
1 voting, we consolidated the primaries -- which
2 are coming up in less than a week, by the way --
3 and we took steps towards same-day registration.
4 It's fitting, then, that as we
5 conclude the session we once again focus on
6 making it easier for people to vote and improving
7 our dismal participation rates in New York, in
8 this case by establishing automatic voter
9 registration, which will help register the up to
10 2 million New Yorkers who are voting-eligible,
11 meaning they are 18 or over and are citizens of
12 the state but are not registered to vote.
13 And so as we work hard to
14 enfranchise more people, to make it easier for
15 people to participate in our democracy, this
16 measure will go a long way towards getting at
17 those close to 2 million people who are not yet
18 on the rolls. And so I'm hopeful that when this
19 is fully enacted, we will no longer be among the
20 worst in the country but among the best in terms
21 of our participation and our electoral
22 participation in terms of New Yorkers.
23 So I want to thank my colleagues.
24 There was a lot of work put into this. But this
25 is a pretty big day among many big days this year
6807
1 for us. And I also want to thank the chair of
2 our Election Committee, Senator Zellnor Myrie,
3 who held a hearing on this issue to help shed
4 light on it and get us to this point.
5 And so thank you to all my
6 colleagues for supporting this important
7 legislation. Hopefully we'll see it passed in
8 the Assembly and signed into law in short order.
9 Thank you. I vote aye.
10 ACTING PRESIDENT BAILEY: Senator
11 Gianaris to be recorded in the affirmative.
12 Senator Funke to explain his vote.
13 SENATOR FUNKE: Thank you,
14 Mr. President. I was going to ask some questions
15 on this, but in the interests of time today --
16 we've got a lot to do, so let's keep moving. So
17 I will explain my vote.
18 This is a bill that would provide
19 for automatic voter registration. And of course,
20 as Senator Gianaris said, we all want those
21 eligible to vote to be registered to vote and
22 active in the process. And I love the
23 technology, but there is a proper and lawful way
24 to do it. And this bill, to me, raises some
25 security issues and constitutional concerns.
6808
1 For the first time in state history
2 this bill will direct the State Board of
3 Elections -- not the local board of elections --
4 to register and enroll voters. The bill provides
5 zero administrative relief for local boards of
6 elections, because their duties don't change.
7 However, it does present an unprecedented mandate
8 on the state BOE.
9 So here's what happens. Every time
10 an individual has a contact with a list of state
11 agencies, specific agencies, they will now
12 automatically be registered to vote unless they
13 affirmatively opt out -- no signature required,
14 no party designation, presto, you're good to go.
15 So putting aside this massive
16 unfunded mandate, this bill has equally glaring
17 concerns with regard to the State Constitution.
18 Voters will now be able to register to vote
19 without first providing a signature. And that
20 makes it impossible for anybody to challenge the
21 validity of the registration or to ensure that
22 the person who shows up to vote is actually the
23 person who registered.
24 Your signature, when you register to
25 vote, amounts to a legal oath sworn by the
6809
1 individual registering that the information that
2 they offer is true and that they actually are who
3 they say that they are.
4 No signature means no oath.
5 Therefore, an undocumented person, for example,
6 who registers through a state agency and doesn't
7 provide a signature can argue that they never
8 swore the legal oath and therefore they never
9 broke the law.
10 So there are enormous security
11 concerns. This bill provides for electronic
12 signatures instead of converting from a signed
13 paper registration form. Have you ever signed on
14 one of those pads with your index finger? They
15 hardly look the same as your signature with a
16 pen.
17 Under Article 2 of the State
18 Constitution, Article 2 of the State
19 Constitution, proper proofs and an affirmative
20 act -- namely, filling out and personally signing
21 a registration form -- is what's required.
22 Automatic registration without a voter
23 registration application is certainly
24 constitutionally questionable at best.
25 This bill allows for the state board
6810
1 to possibly receive multiple conflicting
2 registrations, because every time you go to a
3 state agency, they're going to get one of these
4 things kicked back to them. You get a hunting
5 license, they're going to get one.
6 The integrity of the election is
7 just as important as the access to it. And
8 that's why I'll be voting in the negative.
9 Thank you, Mr. President.
10 ACTING PRESIDENT BAILEY: Senator
11 Funke to be recorded in the negative.
12 Senator Myrie to explain his vote.
13 SENATOR MYRIE: Thank you,
14 Mr. President.
15 I want to thank the sponsor of this
16 bill, Senator Gianaris, for his leadership on
17 this issue.
18 I'd like to thank the many advocates
19 and nonpartisan organizations that have worked
20 many years, who have worked throughout this
21 country, in fact, to show that automatic voter
22 registration is necessary for our democracy.
23 I think that we have taken many
24 steps over this session to bring New York from
25 worst to first. Right now we rank 47th in the
6811
1 entire country in registration numbers.
2 Automatic voter registration is a study-proven
3 way to increase participation in our democracy.
4 We saw last year that when voters
5 engaged at a level unseen in many years, that
6 that has very real policy consequences for the
7 State of New York. Automatic voter registration
8 will increase that participation. I think we
9 will continue to see the policy impacts of that.
10 And I really want to thank everyone
11 that has fought tirelessly over this effort. We
12 hope that the Assembly will join us in passing
13 this legislation and that the Governor will sign
14 it into law so that we can expand and strengthen
15 our democracy here in the State of New York.
16 I'll be voting in the affirmative.
17 ACTING PRESIDENT BAILEY: Senator
18 Myrie to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar 1635, those Senators voting in the
22 negative are Senators Akshar, Amedore, Antonacci,
23 Flanagan, Funke, Gallivan, Griffo, Helming,
24 Jacobs, Jordan, Lanza, LaValle, Little, O'Mara,
25 Ortt, Ranzenhofer, Ritchie, Serino, Seward and
6812
1 Tedisco.
2 Ayes, 42. Nays, 20.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 (Scattered applause.)
6 ACTING PRESIDENT BAILEY: Order in
7 the chamber, please.
8 THE SECRETARY: Calendar Number
9 1670, Senate Print 6532A, by Senator Kavanagh, an
10 act to amend the Election Law.
11 ACTING PRESIDENT BAILEY: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Kavanagh to explain his vote.
20 SENATOR KAVANAGH: Thank you,
21 Mr. President.
22 As our deputy leader just mentioned,
23 we did begin the very first day of this session
24 with an extraordinary package of legislation that
25 was intended to send the message to New York
6813
1 voters that we want them to be able to
2 participate smoothly in our elections.
3 Today we take another big step
4 forward, first of all with the automatic voter
5 registration bill that we just passed, which is a
6 really important reform that many of us have
7 worked on for many years, and another one in this
8 bill.
9 This -- I'd like to just begin by
10 thanking Zellnor Myrie, our Election chair, and
11 Chris Higgins, who worked a lot on this on the
12 staff, and Assembly sponsor Jonathan Jacobson, of
13 Newburgh, New York. This bill is also supported
14 by Common Cause, Public Citizen, Citizens Union,
15 the Center for Law and Justice at Medgar Evers
16 College, and the Democratic Lawyers Council.
17 What this bill does is address a
18 very unusual aspect of New York State's Election
19 Law. Under our law currently, if one does not
20 register by 25 days before the general election,
21 one -- does not enroll in a party before that
22 date, a party change or a party enrollment does
23 not take effect until after the next general
24 election, about 13 months later. We are unique
25 in the United States at having a provision like
6814
1 that.
2 We've already taken a step as a sort
3 of byproduct of moving the primary back to June,
4 that the period during which you have to wait
5 from registering until you can participate in a
6 primary has already been shortened by virtue of
7 that date being moved back three months. This
8 bill will move that date up to Valentine's Day
9 every year, February 14th. It will take what is
10 currently a 13-month period during which your
11 party change does not take effect and change it
12 to a four-month period.
13 The critical thing with this is that
14 people already have a chance to be thinking about
15 the primary election when they get to choose
16 whether to join a party. In 2016 this became a
17 big issue, first of all because many voters were
18 inspired by candidates in the Democratic Party
19 and wanted to join the Democratic Party and also
20 to participate in that, but also in the
21 Republican Party. Ivanka Trump and Eric Trump
22 reportedly were unable to participate in the
23 Republican primary in 2016 because they did not
24 change their voter registration by October.
25 This bill takes a logical step. It
6815
1 is not what some advocates have pushed for,
2 pushing it right up to the registration deadline,
3 but it's a big step forward. And I'm glad we're
4 taking it up today, and I'll be voting in the
5 affirmative.
6 ACTING PRESIDENT BAILEY: Senator
7 Kavanagh to be recorded in the affirmative.
8 Senator Funke to explain his vote.
9 SENATOR FUNKE: Thanks to Senator
10 Kavanagh for his comments on this.
11 There are some other aspects of this
12 bill that are equally important but troubling
13 from my point of view.
14 This is a bill that would amend a
15 section of the Election Law to provide that if a
16 previously registered voter files a change of
17 enrollment or a new enrollment by the 14th of
18 February, that the change will take effect
19 immediately. A change of enrollment made after
20 that would then take effect seven days after the
21 June primary.
22 And finally, this bill would also
23 change the date the Board of Elections has to
24 publish its list of registered voters from
25 February 1st to the 21st of the month. Okay? So
6816
1 bear with me here.
2 Right now an application to change
3 your party enrollment only takes effect the day
4 after the election of the next succeeding year.
5 So this bill would dramatically reduce the time
6 frame that a voter may change their party
7 enrollment to be able to vote in that new party's
8 primary. Again, bear with me for a minute.
9 This bill would, as a result, allow
10 a registered Democrat to change their party
11 enrollment to Republican -- which we would
12 encourage you all to do -- for the primary and
13 then switch back to being a registered Democrat
14 for the general election. So what the bill does
15 is allows for party shopping, political committee
16 and party manipulation and potentially, if you
17 peel it back a little bit, nefarious political
18 takeovers.
19 Had this bill been in place last
20 year, for example, I think there are many
21 Republicans that could have taken advantage of
22 the leniency in this bill to vote in the
23 Democratic primary for Cynthia Nixon, hoping for
24 a better shot in the general election for their
25 Republican candidate, Mark Molinaro.
6817
1 Next year, for example, many
2 Democrats could register as Republicans, helping
3 to vote against President Trump in a Republican
4 primary, for the same reason.
5 Integrity of elections and the
6 election process is critically important to all
7 of us. Nefarious activities, including things
8 like party shopping for illicit purposes, should
9 not be condoned and certainly should not be
10 encouraged by the law. And I am afraid that this
11 bill would do just that.
12 And that's why I vote in the
13 negative, Mr. President. Thank you.
14 ACTING PRESIDENT BAILEY: Senator
15 Funke to be recorded in the negative.
16 Senator May to explain her vote.
17 SENATOR MAY: Thank you,
18 Mr. President.
19 When we started this session,
20 New York had not only some of the most
21 restrictive but some of the most confusing and
22 arcane election laws in the entire country. And
23 the piece de resistance was our -- how hard we
24 made it for people to change their registration
25 in order to vote in a primary.
6818
1 I wish we had a shorter window where
2 people could change their registration, but
3 moving it to February 14th is a big step. And I
4 want to thank Senator Kavanagh for doing this,
5 Senator Myrie for bringing it forward, and all of
6 you for helping us make our election laws more
7 sane, less confusing, and to help us get more
8 voter participation in this state.
9 Thank you. I vote aye.
10 ACTING PRESIDENT BAILEY: Senator
11 May to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 1670, those Senators voting in
15 the negative are Senators Akshar, Amedore,
16 Antonacci, Boyle, Flanagan, Funke, Gallivan,
17 Griffo, Helming, Jacobs, Jordan, Lanza, LaValle,
18 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
19 Robach, Serino, Seward and Tedisco.
20 Ayes, 40. Nays, 22.
21 ACTING PRESIDENT BAILEY: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1692, Senate Print 5348A, by Senator Kennedy, an
25 act to amend the Vehicle and Traffic Law.
6819
1 ACTING PRESIDENT BAILEY: Read the
2 last section.
3 THE SECRETARY: Section 10. This
4 act shall take effect on the 90th day after it
5 shall have become a law.
6 ACTING PRESIDENT BAILEY: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BAILEY: Senator
10 Kennedy to explain his vote.
11 SENATOR KENNEDY: Thank you,
12 Mr. President.
13 First of all, let me thank our
14 leader for bringing this to the floor today, my
15 colleagues for their support for this commonsense
16 law that is going to help families across our
17 state.
18 Our current justice system,
19 Mr. President, criminalizes poverty in many ways.
20 One way this occurs is by suspending an
21 individual's driver's license for failure to pay
22 a fine for minor traffic infractions, for failure
23 to appear in court for those minor traffic
24 infractions.
25 Yes, driving is a privilege, but
6820
1 driver's license suspension should be used to
2 keep unsafe drivers off the road, not as a debt
3 collection mechanism. This practice wastes
4 taxpayer money and resources only to create a
5 two-tiered system of justice where those with
6 means are able to keep their driving privileges
7 and those who can't afford it are plunged into
8 even further debt.
9 There is also a devastating human
10 cost. For example, in New Jersey 42 percent of
11 drivers lost their job after their driving
12 privilege was suspended. And in Arizona, drivers
13 with suspended licenses lost an average of
14 $36,800 in annual income. Jobs are lost,
15 families are devastated.
16 The impact of license suspension for
17 failing to pay fines is particularly acute in
18 rural communities. Because the public
19 transportation options are extremely limited, if
20 they exist at all, people who live in these areas
21 rely on their cars and driver's licenses to get
22 to work or court or to access basic healthcare.
23 Unlike New York City, where there's a robust
24 public transit system, in upstate New York a
25 driver's license is a true necessity.
6821
1 Through this bill we're addressing
2 that injustice by offering a commonsense
3 solution, a path toward repaying traffic fees
4 without further penalizing drivers and sending
5 them into the dark hole of debt.
6 In a recent two-year period,
7 New York issued more than 1.5 million suspensions
8 related to traffic debt. Without a driver's
9 license, people can't go to work, school, or even
10 access healthcare. These consequences compound
11 and make it even less likely that the person can
12 repay the original fine they incurred. In other
13 words, we're kicking them while they're down.
14 And while a ticket for $100 or $200
15 may not seem like a lot to some people, for
16 others it can be financially devastating. Our
17 current license suspension policy
18 disproportionately impacts low-income people and
19 people of color as well. Driver's license
20 suspension rates in New York are nearly nine
21 times higher in the 10 poor poorest communities
22 compared to the 10 wealthiest.
23 Suspending a person's license for
24 nonpayment accomplishes very little. It does not
25 appear to encourage repayment, either. In the
6822
1 majority of cases people whose licenses were
2 suspended still did not pay the outstanding fine
3 after having their license suspended for a year.
4 In fact, although we cannot predict
5 exactly what will happen in New York, when West
6 Palm Beach County, Florida, started allowing
7 payment plans, it saw 32 times more revenue and
8 reduced suspensions by 39 percent. In
9 San Francisco, California, revenue from traffic
10 violations increased by 244 percent.
11 My goal in introducing this bill is
12 to get people out of this vicious cycle by
13 allowing for responsible payment plans so an
14 individual can pay off their fines. And this
15 concept is not a radical proposal. In fact,
16 Mississippi, Idaho, California, Washington, D.C.,
17 and Virginia all have similar programs. There
18 are at least half a dozen other states that are
19 doing the same or considering doing the same.
20 What this bill doesn't do is change
21 the reason for suspending a driver's license in
22 the most egregious of situations. For example,
23 you can still have your driver's license
24 suspended for failure to pay child support, for
25 driving while intoxicated, for vehicular
6823
1 homicide. And quite frankly, in the
2 Transportation Law there's about 25 pages of law
3 outlined showing reasons for an individual who --
4 reasons an individual can still have their
5 driver's license suspended.
6 This does not keep dangerous drivers
7 on the road. Drivers will continue to accumulate
8 points for infractions which could still lead to
9 suspension. This does not get drivers out of
10 having to pay tickets. People who accumulate
11 fees and fines will still have to pay back that
12 money. And there are many different ways that
13 the state and the court system will be able to
14 reclaim those funds.
15 And it does not get people out of
16 having to return to court. There are a variety
17 of ways and tools to make sure that people appear
18 before the court to pay their fines.
19 Thousands of people have traffic
20 debt they simply cannot afford to pay. And with
21 this payment plan that we're putting forward
22 today, people will now have the ability to pay
23 back their debt while also benefiting the state
24 and municipalities who otherwise would not see
25 this money.
6824
1 I thank my colleagues for joining
2 and supporting me in this proposal and the many
3 advocates who have fought side by side with us in
4 order to see this cross the finish line.
5 With that, Mr. President, I vote
6 aye.
7 ACTING PRESIDENT BAILEY: Senator
8 Kennedy to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1692, those Senators voting in
12 the negative are Senators Akshar, Amedore,
13 Antonacci, Flanagan, Funke, Gallivan, Griffo,
14 Helming, Lanza, LaValle, Little, O'Mara, Ortt,
15 Ranzenhofer, Ritchie, Robach, Serino, Seward and
16 Tedisco. Also Senators Boyle and Jordan.
17 Ayes, 41. Nays, 21.
18 ACTING PRESIDENT BAILEY: The bill
19 is passed.
20 Senator Gianaris.
21 SENATOR GIANARIS: Thank you,
22 Mr. President.
23 If we could return to motions and
24 resolutions for a moment, on behalf of
25 Senator Sanders, on page number 2 I offer the
6825
1 following amendments to Calendar Number 1684,
2 Senate Print 3851, and ask that said bill retain
3 its place on the Third Reading Calendar.
4 ACTING PRESIDENT BAILEY: The
5 amendments are received, and the bill shall
6 retain its place on the Third Reading Calendar.
7 SENATOR GIANARIS: On behalf
8 Senator Rivera, I move to recommit Senate Print
9 1028, Calendar Number 331 on the order of third
10 reading, to the Committee on Rules, with
11 instructions to said committee to strike out the
12 enacting clause.
13 ACTING PRESIDENT BAILEY: It is so
14 ordered.
15 SENATOR GIANARIS: At this point
16 can we just stand at ease for a couple of
17 minutes. We're just waiting for the bill sponsor
18 on the next bill we're taking up to walk in the
19 door.
20 ACTING PRESIDENT BAILEY: The
21 Senate will temporarily stand at ease.
22 (Whereupon, the Senate stood at ease
23 at 5:53 p.m.)
24 (Whereupon, the Senate reconvened at
25 6:00 p.m.)
6826
1 ACTING PRESIDENT BAILEY: The
2 Senate will come to order.
3 Senator Gianaris.
4 SENATOR GIANARIS: Mr. President,
5 can we remove the temporary lay-aside on Calendar
6 1663, by Senator Biaggi, and take up that bill.
7 ACTING PRESIDENT BAILEY: There is
8 a substitution at the desk.
9 The Secretary will read.
10 THE SECRETARY: Senator Biaggi
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 8421 and substitute it for
13 the identical Senate Bill Number 6577, Third
14 Reading Calendar 1663.
15 ACTING PRESIDENT BAILEY: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1663, Assembly Bill Number 8421, by
20 Assemblymember Simotas, an act to amend the
21 Executive Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
6827
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Senator
5 Biaggi to explain her vote.
6 SENATOR BIAGGI: Thank you,
7 Mr. President.
8 Today the New York State Senate will
9 pass legislation that puts the safety of workers
10 and survivors of sexual harassment and
11 discrimination first.
12 For the first time in decades,
13 New York is expanding its protections for workers
14 against sexual harassment, updating our laws for
15 the 21st century. With this legislation we will
16 eliminate, eliminate the severe or pervasive
17 standard that has allowed a wide range of
18 inappropriate behavior and sexual misconduct to
19 be swept under the rug, and ensure that employers
20 across all sectors are held accountable for
21 addressing all forms of sexual harassment and
22 discrimination in the workplace.
23 Additionally, this bill extends the
24 statute of limitations to three years, granting
25 survivors of sexual harassment or discrimination
6828
1 the necessary time to report complaints and seek
2 the justice that they deserve.
3 Today's victory is a culmination of
4 the blood, sweat and tears of courageous
5 survivors, fierce advocates, and dedicated
6 lawmakers, many of whom are with us today,
7 including the Sexual Harassment Working Group,
8 without whom this legislation would not even be
9 before us today.
10 From the very beginning this process
11 has been about getting our hands dirty and doing
12 the necessary work to address the ways in which
13 our current laws and systems silence victims of
14 sexual harassment, even when that has meant
15 engaging in difficult conversations and diving
16 head first into territories previously deemed off
17 limits.
18 I want to thank Majority Leader
19 Andrea Stewart-Cousins for her unwavering support
20 in moving this legislation forward, and my
21 partner in the Assembly, Assemblywoman Aravella
22 Simotas.
23 However, it is truly the work of the
24 advocates and the members of the Sexual
25 Harassment Working Group to whom I owe an
6829
1 incredible amount of gratitude. It is because of
2 their courage to share their survivor's stories,
3 their resilience to overcome the obstacles placed
4 before them, their strength to fight back when
5 they were told no, and their selfless commitment
6 to making New York a safer place for everyone,
7 that New Yorkers today will now be better
8 protected against sexual assault and harassment.
9 Today's victory is not one in
10 isolation. This is only the beginning of our
11 journey towards building a truly harassment-free
12 New York for all.
13 Mr. President, I vote aye.
14 ACTING PRESIDENT BAILEY: Senator
15 Biaggi to be recorded in the affirmative.
16 Senator Gounardes to explain his
17 vote.
18 SENATOR GOUNARDES: Thank you,
19 Mr. President.
20 Inappropriate touching, asking to
21 share a hotel room with coworkers, comments about
22 someone's physical appearance, asking people to
23 dress a certain way, forcibly kissing, groping,
24 genital groping, forced touching and rubbing --
25 these are all types of behaviors that have been
6830
1 found by the courts in New York to be allowed and
2 permissible under the current incredibly high bar
3 of proving a sexual harassment case in New York
4 State.
5 That should disgust all of us.
6 We've lived in this culture where everyone gets
7 one free touch, everyone gets one free comment,
8 everyone gets one free pass. And today, this
9 chamber, this Legislature is saying we put an end
10 to that. By changing the incredibly, incredibly,
11 incredibly arduous standard of severe or
12 pervasive conduct, we are saying that we are
13 going to be valuing the experiences of victims of
14 sexual harassment.
15 And this legislation that we're
16 passing today is incredibly important not just
17 because of the substantive changes to the law
18 that we're making, but because this is informed
19 directly from the experiences and the stories of
20 victims of sexual harassment and sexual assault
21 across the state.
22 I want to commend the fierce
23 advocacy of the Sexual Harassment Working Group,
24 who's joined us here today, but all of the
25 victims who have come forward and shared their
6831
1 stories. I want to commend the leadership of
2 Senator Biaggi; Senator Krueger, who held this
3 bill before we got here to this chamber; Majority
4 Leader Stewart-Cousins; and all of us here who
5 have really allowed for the voices of victims to
6 be heard for the first time in the halls of this
7 Legislature in 27 years.
8 Today is just the first step of what
9 should be a long journey to making sure that no
10 one has to live or work in a workplace
11 environment that does not value them as human
12 beings with equality, dignity, and respect. And
13 for those reasons among many others, I proudly
14 vote aye.
15 ACTING PRESIDENT BAILEY:
16 Senator Gounardes to be recorded in the
17 affirmative.
18 Senator LaValle to explain his vote.
19 SENATOR LaVALLE: Thank you very
20 much, Mr. President.
21 I thank many of the members who have
22 been here -- and Senator Stavisky remembers that
23 our committee, when I was chairman, held hearings
24 on this matter and passed a bill a number of
25 years ago.
6832
1 From time to time society needs to
2 take stock of what's going on. And I think that
3 probably five years from now or X number of years
4 from now there will be another bill dealing with
5 sexual harassment. We need to constantly look at
6 ourselves in a mirror and see who are we.
7 The women who are here today, thank
8 you. Thank you for speaking up. Thank you for
9 participating. This is very, very important.
10 We cannot have the kind of behavior
11 that individuals don't seek permission, trespass
12 on someone's space. And we're learning as a
13 society, and we as a Legislature are responding
14 appropriately by passing legislation that makes
15 sure we remain a civil society.
16 I vote in the affirmative.
17 ACTING PRESIDENT BAILEY: Senator
18 LaValle to be recorded in the affirmative.
19 Senator Krueger to explain her vote.
20 SENATOR KRUEGER: Thank you,
21 Mr. President.
22 I am also humbled and honored that
23 in our first session we are able to deliver this
24 critically important piece of legislation on
25 behalf of women some of us know and women and men
6833
1 many of us will never know.
2 What I hope is that because of this
3 legislation, as part of a much greater agenda of
4 addressing the disturbing stories and patterns of
5 harassment of people in the workplace, that even
6 if we don't know the people, five years from now
7 we can look back and say it's getting a bit
8 better because now people understand you can't
9 get away with it, and we are making it clearer to
10 people what the ground rules are before they
11 start.
12 Mr. President, I'm no longer a young
13 woman, but for years and years, both in this
14 Senate, in this town, and in the rest of my life
15 I have heard the stories of young people who have
16 been harassed and abused in their workplace and
17 tell me that they couldn't afford to lose the
18 job, they couldn't afford to come forward. They
19 were convinced that they would never get a job in
20 that field again, in this city of Albany again,
21 that they would be both shunned and technically
22 blacklisted from ever being able to work in
23 fields that they were committed to.
24 It's perhaps most disturbing when
25 you hear those stories taking place when people
6834
1 are working for the public sector -- for
2 government, for elected officials. We are
3 elected to be models and to lead and to hope that
4 people follow by our example. So when we violate
5 the public's trust and individuals' trust, we
6 have violated our entire purpose for being.
7 And when young people who decide to
8 come and work in the Legislature, in the
9 government, go through these experiences they
10 don't just get harmed themselves, Mr. President,
11 they go home and they tell their stories and say,
12 Oh, no, if you're a good person, if you're a
13 smart person, government isn't the place for you,
14 stay away from them.
15 Nobody should have to be afraid when
16 they go to work that they're going to face the
17 kind of violations not just of their bodies but
18 of their souls that comes with being abused and
19 harassed and sexually attacked in their
20 workplace.
21 So I know this isn't enough, but
22 it's a huge victory. And I'm so proud of my
23 colleagues and my new colleagues this year who
24 took on the mantle of this responsibility and
25 have done an extraordinary job getting us here.
6835
1 And I also want to recognize the members of the
2 Sexual Harassment Work Group who are with us
3 today and who so boldly came forward, demanded we
4 do better, demanded we have hearings, demanded we
5 listen to their stories, and demanded that we
6 listen to their analysis of what makes a piece of
7 legislation good and what makes a piece of
8 legislation make us feel good but not do
9 anything.
10 So thank you, thank you. Thank the
11 lead sponsors. I'm very, very proud that we're
12 getting this done today.
13 Of course I vote yes, Mr. President.
14 Thank you.
15 ACTING PRESIDENT BAILEY: Senator
16 Krueger to be recorded in the affirmative.
17 I would ask that we keep the side
18 conversations to a minimum.
19 Senator Liu to explain his vote.
20 SENATOR LIU: Thank you,
21 Mr. President.
22 Today we lift the yoke, we rip off
23 the gag of people who have suffered harassment in
24 the workplace, and other, for too long. I stand
25 in support of this important bill. This in fact
6836
1 is one of the pieces, I would say one of the most
2 landmark pieces of legislation we're passing this
3 session.
4 I want to thank Senator Biaggi for
5 her incredible intellect, spirit and commitment.
6 I want to thank all the Senators who have been
7 steadfast in their support of this bill. And I
8 echo Senator Biaggi's compliments and gratitude
9 to the Sexual Harassment Working Group.
10 You know, I can never get that
11 February hearing out of my head, to hear these
12 individuals -- mostly women, but not only
13 women -- who suffered harassment and suffered
14 harassment at the hands of some of the people
15 that were part of this chamber and in state
16 government at large. As hard as it was for me to
17 listen to it, I can only imagine how difficult,
18 like insanely impossible it must have been for
19 them to talk about what they had to go through.
20 Let's make sure that no more
21 New Yorkers have to go through these kinds of --
22 suffer through these ordeals again. I think that
23 when we pass this legislation in the State of
24 New York we can help -- we can help lead the rest
25 of the way in the rest of the country as well.
6837
1 Mr. President, I vote yes. Thank
2 you.
3 ACTING PRESIDENT BAILEY: Senator
4 Liu to be recorded in the affirmative.
5 Senator Boyle to explain his vote.
6 SENATOR BOYLE: Mr. President, to
7 explain my vote.
8 I'd just like to thank Senator
9 Biaggi for her incredible leadership on this
10 issue, and my other colleagues for supporting
11 this package, and thank the Sexual Harassment
12 Working Group for their courage in coming
13 forward.
14 In honor of my long-time friend
15 Elizabeth Crothers, I vote aye.
16 ACTING PRESIDENT BAILEY: Senator
17 Boyle to be recorded in the affirmative.
18 Senator Rivera to explain his vote.
19 SENATOR RIVERA: Thank you,
20 Mr. President.
21 I have had the pleasure of serving
22 in this body for nine years. In that time,
23 although I was a little worried at the beginning
24 of my tenure whether I would have women in my
25 staff, since some of my campaign staff came on
6838
1 board and I only had in my senior staff one
2 woman, I have been incredibly blessed that, on
3 average, 70 to 80 percent of my staff are women,
4 Mr. President.
5 And it has been an educational
6 experience, because these bright, young, amazing,
7 powerful women that I've had the pleasure of
8 having on my staff and my team have told me about
9 the situations that they faced in their lives,
10 whether it's been in other jobs, walking down the
11 street, and in just their everyday realities.
12 And it just reminds me, every time
13 that they tell me one of the terrible stories
14 that they have had to endure, how much we have
15 still left to do. And so this -- as was said
16 earlier by some folks on this floor, it is some
17 very important steps that we're taking.
18 certainly not enough. But I am very proud that
19 we are now in this body joined by more women,
20 joined by amazing women like Alessandra Biaggi,
21 who is -- who, as was stated earlier, led the
22 effort to bring these hearings along, obviously
23 with the great Sexual Harassment Working Group
24 that was asking for these hearings, and she led
25 the charge.
6839
1 But all of us are standing behind
2 her and behind our leader -- again, the first
3 woman to ever serve as the Majority Leader in
4 this chamber, Mr. President.
5 I believe that we have done much.
6 It is not, as Senator Liu said, not only women
7 that have suffered sexual harassment. But we
8 need to do much for all people who are working.
9 They need to be safe in the place where they
10 work, in the place where they study, in the place
11 where they live. And we need to do everything
12 that we can in this body to make sure that's the
13 case across the board and for every single
14 person.
15 So I'm very proud to be voting in
16 the affirmative, Mr. President. Thank you.
17 ACTING PRESIDENT BAILEY:
18 Senator Rivera to be recorded in the affirmative.
19 Senator Hoylman to explain his vote.
20 SENATOR HOYLMAN: Thank you,
21 Mr. President.
22 And I wanted to thank the sponsors
23 both in the Senate and the Assembly, Senator
24 Biaggi and Assemblywoman Simotas.
25 You know, the pace of change in this
6840
1 chamber has become breathtaking over the last six
2 months. And once again we're here with our
3 leader, who has brought forward legislation,
4 whether it's climate, supporting science, working
5 people, housing, survivors. We have done
6 incredible things.
7 And I want to thank Senator Biaggi
8 for being so persistent and courageous, along
9 with all of the survivors who testified at those
10 hearings and brought us to tears, but also
11 brought us to the place where we are today, where
12 we are turning a page in the history of Albany,
13 which has been rather dark for so many years, and
14 writing a new chapter where women and men feel
15 secure in the workplace.
16 So thank you, Senator Biaggi. Thank
17 you, Leader Stewart-Cousins. I vote aye.
18 ACTING PRESIDENT BAILEY: Senator
19 Hoylman to be recorded in the affirmative.
20 Senator Carlucci to explain his
21 vote.
22 SENATOR CARLUCCI: Thank you,
23 Mr. President.
24 I want to add my voice to the
25 gratitude to Senator Biaggi for having the
6841
1 fortitude to push this legislation forward and to
2 the Survivor Work Group for the work that you've
3 done to share the darkest times with the whole
4 world to see. And because of that, we're making
5 a difference to root out sexual harassment
6 wherever it exists.
7 So I'm so thankful to everyone
8 that's made this possible. To all the survivors
9 that have come forward to share these stories and
10 do it with such courage, I thank you.
11 And I support this legislation.
12 I'll be voting aye. Thank you, Mr. President.
13 ACTING PRESIDENT BAILEY: Senator
14 Carlucci to be recorded in the affirmative.
15 Senator Ramos to explain her vote.
16 SENATOR RAMOS: Thank you,
17 Mr. President.
18 After 27 years of silence from our
19 state government on this issue, it's really
20 commendable that Senator Biaggi, Senator Salazar,
21 Senator Skoufis and the rest of us who were able
22 to participate really took the time and effort to
23 listen to people who had undergone such horrific
24 and sometime even tragic experiences at the hands
25 of their employers.
6842
1 I rise really as Labor chair to say
2 that we as a Majority really are actively looking
3 to make workplaces across the state as safe and
4 as great as they can be. So this package of
5 bills, this great omnibus bill that
6 Senator Biaggi has put forth really does
7 encompass landmark changes that are needed at the
8 workplace in order for women and men and all
9 people, including nonbinary people, to feel that
10 they can give their best in their work, because
11 ultimately that's exactly what we want. We want
12 people to reach their full potential and ensure
13 that they're safe where they actually end up
14 spending most of their day.
15 Thank you, Mr. President.
16 ACTING PRESIDENT BAILEY:
17 Senator Ramos to be recorded in the affirmative.
18 Are there any other Senators wishing
19 to be heard?
20 Senator Salazar to explain her vote.
21 SENATOR SALAZAR: Thank you,
22 Mr. President.
23 I want to begin by thanking the
24 Sexual Harassment Working Group for all of the
25 work that they have done for years to get us to
6843
1 this point, including the work that survivors
2 have done, taking traumatic experiences that they
3 have had and using it to benefit future workers
4 and trying to prevent this from happening to
5 anyone else.
6 I absolutely want to thank Senator
7 Biaggi for championing this. We held two
8 legislative hearings on sexual harassment in the
9 workforce in this session, and the first one in
10 February was the first legislative hearing on
11 this issue that had been held almost in my entire
12 lifetime.
13 The testimony that we heard at both
14 of those hearings was absolutely harrowing,
15 particularly for me to hear of examples of actual
16 incidents of sexual harassment in the workplace
17 that were deemed insufficient to meet the current
18 standard, the severe or pervasive standard for
19 actionable harassment under the law.
20 What we heard in those hearings
21 demanded decisive action from us. It demanded
22 trauma-informed responses to harassment. It
23 demanded that we begin with our own policy in the
24 Legislature. And that is what we are doing
25 today. We're responding decisively by passing
6844
1 this gold-standard legislation.
2 It's only the beginning, but I am
3 very proud to be voting in the affirmative.
4 Thank you.
5 ACTING PRESIDENT BAILEY: Senator
6 Salazar to be recorded in the affirmative.
7 Senator Stavisky to explain her
8 vote.
9 SENATOR STAVISKY: Thank you,
10 Mr. President.
11 And thank you to all of our
12 colleagues here. You've done a remarkable job.
13 And to Senator Biaggi, let me say this is why you
14 were elected, to do this kind of groundbreaking
15 future help for everybody.
16 I thank the advocates also, but I
17 want to add one other name, and that is
18 Assemblywoman Aravella Simotas, who has really
19 been doing this for years. And I think we have
20 to recognize and thank her as well. She has been
21 there for years trying to raise our consciousness
22 level. And I think this is a perfect example of
23 how the Assembly and the Senate can work together
24 for progressive legislation, and we thank you.
25 And obviously we thank our leader,
6845
1 Senator Stewart-Cousins, who has also been there
2 in the trenches.
3 At one time there were very few
4 women in the Senate, and today we have many more.
5 And I think this demonstrates the need to elect
6 more women legislators from both sides of the
7 aisle.
8 And, Mr. President, I vote aye.
9 Thank you.
10 ACTING PRESIDENT BAILEY: Senator
11 Stavisky to be recorded in the affirmative.
12 Senator Skoufis to explain his vote.
13 SENATOR SKOUFIS: Thanks very much,
14 Mr. President. I'll be brief.
15 And I want to express my gratitude
16 to the four sets of individuals that have gotten
17 us to this point. The working group, of course,
18 who were courageous in leading the way from
19 outside this chamber and these sets of houses in
20 Albany. Senator Biaggi, who really came in here
21 with a mandate to address this issue and fought
22 every single day to bring this package to the
23 floor. Assemblywoman Simotas -- who I had the
24 privilege of working with in the Assembly and
25 admiring when I served in that chamber -- joined
6846
1 Senator Biaggi in being so relentless. And the
2 Majority Leader.
3 These are the sets of individuals
4 that literally millions of New Yorkers who, for
5 whatever reason, whatever justifiable reason,
6 could not lend their voice to this fight, could
7 not lend their voice to this issue. These are
8 the individuals that have brought us here, and
9 they thank us, whether they can lend that voice
10 now or not. Thank you, working group and the
11 others.
12 ACTING PRESIDENT BAILEY: Senator
13 Skoufis to be recorded in the affirmative.
14 Are there any other Senators that
15 are wishing to be heard?
16 Seeing and hearing none, we will
17 close with Majority Leader Andrea
18 Stewart-Cousins.
19 SENATOR STEWART-COUSINS: Thank
20 you, Mr. President.
21 I am first of all just very, very
22 grateful for the working group, who started this
23 journey long before we began as the Majority and
24 made sure that we were able to keep our promise.
25 It was a promise that I made as the new leader at
6847
1 the beginning of the year. And because of the
2 robust, smart and conscious people who you
3 elected to serve with me in this chamber, we are
4 at this moment today.
5 I know how hard it was. When I
6 walked into the meeting and said what I knew, the
7 reaction was so difficult. It still is. I say
8 this on purpose, because people often think that
9 these things are kind of by the way and that the
10 wounds and scars aren't there long after what has
11 occurred has passed from what one would think is
12 recent memory, and then suddenly a word, an
13 incident, and it all floods back. And that's why
14 it was important that we do this thing.
15 And that's why it was important that
16 we have someone like Senator Biaggi take the lead
17 on this, along with Senator Salazar and Senator
18 Skoufis. These three were in my office as soon
19 as they had their roles, they were in my office
20 saying, When are we going to do this?
21 And when they began the hearings and
22 took the testimony, it wasn't enough, because
23 they wanted to capture the voices that couldn't
24 be here in Albany, and so they did it again.
25 And as a woman myself and a woman
6848
1 who grew up at a time where you could practically
2 say anything and it was okay, hearing some of
3 these things at this juncture was beyond anything
4 that anybody should have to experience, much less
5 carry with them.
6 I apologize to everyone who has been
7 subjected to the harassment, the abuse, the
8 insensitivity, the ugliness of being marginalized
9 and being thought it was perfectly okay to do
10 whatever. But because of the great work of
11 Senator Biaggi, the working group, my colleagues
12 in the Senate and all of us here, I think we can
13 say it's just not an empty apology, but it is a
14 strong show of intolerance for anything like this
15 to ever, ever go forward unaddressed.
16 Thank you. Thank you, Senator
17 Biaggi -- Senator Biaggi and I have a habit of
18 hugging after every good thing. We're usually
19 celebrating somebody else's good thing, but this
20 is going to be Senator Biaggi's hug for her good
21 thing.
22 So, Mr. President, I vote aye.
23 ACTING PRESIDENT BAILEY: Majority
24 Leader Stewart-Cousins in the affirmative.
25 Announce the results.
6849
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 (Extended standing ovation.)
5 ACTING PRESIDENT BAILEY: Senator
6 Gianaris.
7 SENATOR GIANARIS: Thank you,
8 Mr. President.
9 Can we now take up, off the
10 controversial calendar, Calendar Number 1664, by
11 Senator Ramos.
12 ACTING PRESIDENT BAILEY: The
13 Secretary will ring the bell.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Ramos moves
17 to discharge, from the Committee on Rules,
18 Assembly Bill Number 8419 and substitute it for
19 the identical Senate Bill Number 6578, Third
20 Reading Calendar 1664.
21 ACTING PRESIDENT BAILEY: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1664, Assembly Print Number 8419, by
6850
1 Assemblymember Nolan, an act to amend the
2 Labor Law.
3 ACTING PRESIDENT BAILEY: Senator
4 Ortt.
5 SENATOR ORTT: Thank you,
6 Mr. President. Through you, will the sponsor
7 yield to a few questions?
8 ACTING PRESIDENT BAILEY: Will the
9 sponsor yield?
10 SENATOR RAMOS: Absolutely.
11 ACTING PRESIDENT BAILEY: The
12 sponsor yields.
13 SENATOR ORTT: Through you,
14 Mr. President. This is a significant piece of
15 legislation, one that has the potential to have
16 very, very significant and long and far-reaching
17 economic impacts on agriculture and the farming
18 industry.
19 I was wondering if the sponsor could
20 tell me how many farms are in her district.
21 SENATOR RAMOS: Mr. President, I
22 agree that this is a very important piece of
23 legislation that is going to impact many, many
24 lives. It's why I sponsored the bill and why, as
25 Labor chair, I want to effectuate change and
6851
1 ensure that the state law finally recognizes the
2 farmworkers in New York State.
3 Being from northwestern Queens
4 County, I can count on my hand the number of
5 rooftop apiaries that are in my district, which
6 are many fewer than your beautiful district,
7 Senator Ortt. But nevertheless, that does not
8 make me foreign to farmland.
9 SENATOR ORTT: Through you,
10 Mr. President. Will the sponsor continue to
11 yield?
12 ACTING PRESIDENT BAILEY: Will the
13 sponsor yield?
14 SENATOR RAMOS: Yes.
15 ACTING PRESIDENT BAILEY: The
16 sponsor yields.
17 SENATOR ORTT: Is the sponsor --
18 through you, Mr. President, is the sponsor aware
19 of a report that came out a short time ago and it
20 outlined the state of agriculture in New York
21 State, particularly between the years of 2012 and
22 2017? Is the sponsor aware of the percentage of
23 farms nationally that closed their doors or
24 contracted?
25 SENATOR RAMOS: Mr. President, I am
6852
1 aware of the report.
2 SENATOR ORTT: Through you,
3 Mr. President, will the sponsor continue to
4 yield.
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR ORTT: Through you,
11 Mr. President. So the sponsor is aware of the
12 report. Is she aware that the national average
13 for closures of farms was 3 percent? So
14 basically 3 percent of farms nationally went out
15 of business between 2012 and 2017.
16 SENATOR RAMOS: Okay. Yes.
17 SENATOR ORTT: Through you,
18 Mr. President, will the sponsor continue to
19 yield?
20 ACTING PRESIDENT BAILEY: Will the
21 sponsor yield?
22 SENATOR RAMOS: Yes.
23 ACTING PRESIDENT BAILEY: The
24 sponsor yields.
25 SENATOR ORTT: So the sponsor is
6853
1 aware of that. So she must be aware, then, that
2 the state rate of farm closure was 9 percent,
3 which is triple the national average.
4 This bill deals with not only
5 collective bargaining but wages and overtime pay.
6 Is it the sponsor's anticipation that farmworkers
7 will make less money or more money as a result of
8 this legislation?
9 SENATOR RAMOS: Mr. President, my
10 bill is not a wage bill. However, there is a
11 provision calling for overtime pay which we have
12 negotiated with all stakeholders, including the
13 Farm Bureau. Which is why the bill was amended
14 from its original 40 hours of overtime pay to 60,
15 including a wage board that will analyze and
16 determine whether that number can be scaled back.
17 So in that respect, it is -- that's
18 the wage portion of the bill. And so by my
19 calculations, it's equally important that our
20 workers are able to rest, so that therefore being
21 more productive. Because we know that when
22 workers are treated better, they work better as
23 well.
24 But presumably -- it's hard to
25 calculate whether some farmworkers will be making
6854
1 more or less money.
2 SENATOR ORTT: Through you,
3 Mr. President, will the sponsor continue to
4 yield?
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR ORTT: So while we're on
11 reports, Mr. President, there were two other
12 reports, one from Farm Credit East, which
13 estimated that this would add -- this bill, this
14 legislation, admittedly the previous version of
15 it -- but would add about $300 million to
16 farmers' bottom lines.
17 The Fiscal Policy Institute, on sort
18 of the other end of the spectrum, anticipated a
19 9 percent increase in labor costs, in cost for
20 farmers. So taking either report, regardless of
21 whether this is a wage bill or not, would it be
22 fair in the sponsor's opinion to say that this is
23 estimated by a lot of economists and people who
24 study this -- that this will add costs to the
25 bottom line of farmers?
6855
1 SENATOR RAMOS: Mr. President,
2 that's true. That is actually exactly why we
3 took into account, into this new version of the
4 bill, the one that we're actually debating today,
5 we took into account the peculiarities or what
6 makes the agriculture industry unique.
7 We know that it's not like office
8 work, it's not a 9:00 to 5:00 job, it largely
9 relies on the weather and many other variables.
10 These are all things that we took into
11 consideration.
12 SENATOR ORTT: Through you,
13 Mr. President, will the sponsor continue to
14 yield?
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield?
17 SENATOR RAMOS: Yes.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR ORTT: Through you,
21 Mr. President. The sponsor mentioned this wage
22 board. Would the sponsor be able to elaborate --
23 who is on this wage board? Who makes it up?
24 SENATOR RAMOS: I'm sorry, can you
25 repeat the question?
6856
1 SENATOR ORTT: Through you,
2 Mr. President, yes, I can repeat that. There is
3 a wage board, she referenced a board. Can she
4 tell me, tell the Senate, who makes up this
5 board?
6 SENATOR RAMOS: So the board would
7 be a panel made up of three people, one appointed
8 by the Farm Bureau, one appointed by the AFL-CIO,
9 representing the workers, and the other one
10 appointed by the Department of Labor, in
11 consultation with the Department of Agriculture
12 and Markets.
13 SENATOR ORTT: Through you,
14 Mr. President, would the sponsor continue to
15 yield?
16 ACTING PRESIDENT BAILEY: Does the
17 sponsor yield?
18 SENATOR RAMOS: Yes.
19 ACTING PRESIDENT BAILEY: The
20 sponsor yields.
21 SENATOR ORTT: Can the sponsor
22 explain why the Department of Ag & Markets was
23 not the designated -- or does not have a
24 designated spot, seeing as they are the agency
25 tasked with overseeing agriculture and markets?
6857
1 SENATOR RAMOS: I'm so sorry, is
2 he -- are you able to --
3 SENATOR ORTT: I will project.
4 SENATOR RAMOS: Yes.
5 SENATOR ORTT: Through you,
6 Mr. President.
7 SENATOR RAMOS: {Inaudible.}
8 SENATOR ORTT: I don't know about
9 that. I'm going to use my Niagara County voice,
10 how's that?
11 Can the sponsor maybe explain or
12 articulate why there is not a standing position
13 for the Department of Agriculture & Markets,
14 seeing as that is the agency tasked with
15 overseeing agriculture and markets and obviously
16 farms?
17 SENATOR RAMOS: We were looking on
18 the wage board to make sure that the third person
19 is someone who represents our state government
20 and, again, is both Department of Labor-approved
21 and Ag & Markets-approved, so that they are able
22 to be hopefully as impartial as possible. Being
23 that the other two parties are representative of
24 both the employer and the employees.
25 SENATOR ORTT: Through you,
6858
1 Mr. President, will the sponsor continue to
2 yield?
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield?
5 SENATOR RAMOS: Yes.
6 ACTING PRESIDENT BAILEY: The
7 sponsor yields.
8 SENATOR ORTT: Through you,
9 Mr. President. The reason I asked that question,
10 and a concern that I think I share amongst many,
11 including farmers and many of my, I agree,
12 impartiality would be key, given the other two
13 members. However, the Department of Labor
14 earlier this year came out in support of this
15 legislation. Which is unusual for an executive
16 agency to take a stand on legislation before this
17 body or the other house.
18 So I question just how impartial the
19 Department of Labor will end up being.
20 SENATOR RAMOS: Well, the
21 Department of Labor, like the Department of Ag &
22 Markets, is a part of the executive branch of our
23 state government. That's just how it is.
24 SENATOR ORTT: Through you,
25 Mr. President, will the sponsor continue to
6859
1 yield?
2 ACTING PRESIDENT BAILEY: Will the
3 sponsor yield?
4 SENATOR RAMOS: Yes.
5 ACTING PRESIDENT BAILEY: The
6 sponsor yields.
7 SENATOR ORTT: Can the sponsor tell
8 me what is -- so we've identified who is on the
9 board. Can she tell me what the function or the
10 mission of this board or this group of three will
11 be tasked with doing?
12 SENATOR RAMOS: The purpose of the
13 wage board is largely to analyze how our economy,
14 how our agricultural economy specifically is
15 doing in a certain year, depending on whether the
16 weather was good or not, and whether the 60 hours
17 can be scaled back towards parity with the rest
18 of the workers in New York State.
19 SENATOR ORTT: Through you,
20 Mr. President, will the sponsor continue to
21 yield?
22 ACTING PRESIDENT BAILEY: Does the
23 sponsor yield?
24 SENATOR RAMOS: Yes.
25 ACTING PRESIDENT BAILEY: The
6860
1 sponsor yields.
2 SENATOR ORTT: Is there any
3 opportunity for this board to look at going
4 higher than 60? Or will it exclusively be tasked
5 with looking to see if it can go lower than 60?
6 SENATOR RAMOS: Mr. President, the
7 wage board is specifically tasked with looking at
8 the number retroactively. We are not looking for
9 workers to do more work at less pay.
10 SENATOR ORTT: Through you,
11 Mr. President, will the sponsor continue to
12 yield?
13 ACTING PRESIDENT BAILEY: Will the
14 sponsor yield?
15 SENATOR RAMOS: Yes.
16 ACTING PRESIDENT BAILEY: The
17 sponsor yields.
18 SENATOR ORTT: So this board will
19 make recommendations? And if that's true, to
20 whom will they be making recommendations to?
21 SENATOR RAMOS: So the wage board's
22 conclusions will be the determining factor as to
23 whether those hours will be scaled back or not.
24 They are not making a recommendation, they are
25 making a decision.
6861
1 SENATOR ORTT: Through you,
2 Mr. President, will the sponsor continue to
3 yield?
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR RAMOS: Yes.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR ORTT: Through you,
10 Mr. President. That's what I was afraid of. But
11 I'm glad the sponsor was able to clarify that for
12 me.
13 Can this board -- does it have to be
14 unanimous? Is it a simple majority, two to one?
15 Does there need to be a quorum? What are the
16 criteria for the board meeting and making that
17 decision?
18 SENATOR RAMOS: Thank you,
19 Mr. President. And sorry for the delay.
20 The wage board would be able to make
21 these decisions two to one, by majority.
22 SENATOR ORTT: By simple majority,
23 thank you.
24 Through you, Mr. President, will the
25 sponsor continue to yield?
6862
1 ACTING PRESIDENT BAILEY: Will the
2 sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BAILEY: The
5 sponsor yields.
6 SENATOR ORTT: Can this board --
7 what would constitute a quorum? Do all three
8 members need to be present for them to actually
9 meet and conduct business, or is it a quorum of
10 less than the full complement?
11 SENATOR RAMOS: Mr. President, only
12 two-thirds of the board would need to be present.
13 SENATOR ORTT: Through you,
14 Mr. President, will the sponsor continue to
15 yield?
16 ACTING PRESIDENT BAILEY: Will the
17 sponsor yield?
18 SENATOR RAMOS: Yes.
19 ACTING PRESIDENT BAILEY: The
20 sponsor yields.
21 SENATOR ORTT: Through you,
22 Mr. President. On that, why doesn't the bill --
23 if we're kicking -- the original bill -- not this
24 bill, but the original bill had a 40-hour week
25 and then it was overtime or time and a half,
6863
1 anything over 40 hours.
2 This bill starts at 60, but then
3 it -- it essentially, by the sponsor's own
4 admission, is not a wage bill because those
5 determinations are punted or are left to a board,
6 a board of three. Why wouldn't we want -- if
7 we're going to give this board such power to make
8 a decision -- not to make a recommendation, but
9 this is a decision-making body -- why wouldn't we
10 want to make that unanimous or, at the very
11 minimum, want to make all those present -- if
12 you're going to have impartiality, what if you
13 only have the two members who are on the same
14 page that are there? Why wouldn't we want to
15 have all three be on the same page, unanimous
16 decision, or at least all three present to have a
17 quorum?
18 SENATOR RAMOS: In negotiations,
19 Mr. President -- and I speak based on my personal
20 experience in union organizing -- it's much
21 easier to come to a decision when we're not
22 aiming for unanimity. We are -- what we're
23 looking for is for conflict resolution of sorts.
24 And so if two-thirds agree, well, then that is
25 the majority. And they are the decision-making
6864
1 body.
2 SENATOR ORTT: Through you,
3 Mr. President, will the sponsor continue to
4 yield?
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR ORTT: Through you,
11 Mr. President. Can the sponsor -- are there any
12 states that surround New York -- you know,
13 whether it's Vermont, Massachusetts, Connecticut,
14 New Jersey, Pennsylvania, Ohio, any states that
15 sort of surround us or border us that have a
16 similar law or similar provisions regarding their
17 agriculture industry?
18 SENATOR RAMOS: Mr. President, to
19 our knowledge, New Jersey grants their
20 farmworkers the right to collectively bargain.
21 It's presently unclear to us whether they have a
22 similar mechanism.
23 SENATOR ORTT: Through you,
24 Mr. President, will the sponsor continue to
25 yield.
6865
1 ACTING PRESIDENT BAILEY: Does the
2 sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BAILEY: The
5 sponsor yields.
6 SENATOR ORTT: Through you,
7 Mr. President. I guess just for fun, to some
8 extent, is the sponsor -- can she tell me or is
9 she aware of how many hours have been put in by
10 the staff here, let's say this week?
11 SENATOR RAMOS: This week.
12 Mr. President, I cannot imagine. I mean, just
13 calculating the hours that we've put in as
14 members -- our staff usually works at least twice
15 as hard, if anybody's staff is as great as mine.
16 We work around the clock, especially when we're
17 up here in Albany and when we're back in our
18 district. We all know how hard the work of the
19 people is. But we do it because we love public
20 service.
21 SENATOR ORTT: Through you,
22 Mr. President, would the sponsor continue to
23 yield?
24 ACTING PRESIDENT BAILEY: Will the
25 sponsor yield?
6866
1 SENATOR RAMOS: Yes.
2 ACTING PRESIDENT BAILEY: The
3 sponsor yields.
4 SENATOR ORTT: Through you,
5 Mr. President, does the sponsor -- I'm sure --
6 does she pay her staff or does any of the staff
7 here, to her knowledge, get paid overtime?
8 SENATOR RAMOS: Mr. President, my
9 staff, which is the only staff that I can really
10 speak for, does not make overtime pay. But
11 everybody is paid a living wage.
12 SENATOR ORTT: Through you,
13 Mr. President, on the bill.
14 ACTING PRESIDENT BAILEY: Senator
15 Ortt on the bill.
16 SENATOR ORTT: Through you,
17 Mr. President. I would like to thank the sponsor
18 for her answers, her forthrightness.
19 It's no secret that I feel this is a
20 harmful piece of legislation. When I toured
21 farms across not just my district but across,
22 I'll say, Western New York into the Finger
23 Lakes -- I represent 1,188 farms in my district.
24 And no matter where I was in the state, when I
25 talked to farmers, I heard the same thing over
6867
1 and over again.
2 It sort of reminded me of when I was
3 on the Opioid and Heroin Task Force. No matter
4 where I was in the state, no matter who I was
5 talking to, it was like the same hearing over and
6 over again, because the issues were the same if
7 you were on Long Island and you were a parent who
8 had lost a child or you were in the North Country
9 and you were a parent who had lost a child. Or
10 you were an addict in Western New York.
11 Well, if you're a farmer on
12 Long Island or a farmer in the Finger Lakes or a
13 farmer in Western New York or even a farmer in
14 Queens, I suppose, the issues regarding farming
15 are the same. The challenges regarding
16 farming are the same.
17 I talked about, earlier, 9 percent
18 of New York farms between 2012 and 2017 went out
19 of business before this bill, which absolutely
20 will increase costs on farmers. Many of these
21 farms are operating at a net negative or at
22 break-even today, in some cases -- in many cases
23 through no fault of their own, particularly in
24 the dairy sector.
25 Unlike other businesses, when you
6868
1 pass costs on to farms, they cannot pass those
2 through to consumers because they don't set their
3 prices. They are price takers. So when we
4 raised minimum wage at fast food restaurants, as
5 much as I didn't support that, I'm not going to
6 drive to Ohio to get my hamburger. I'm just
7 going to pay that extra whatever it is at the
8 drive-in. But for Wegmans or the stores here in
9 New York that buy from our farms, if the price of
10 milk is this, that's what they're paying for the
11 price of milk. They're not going to pay more.
12 In fact, in some cases the farmers can't even
13 charge more, and if they do, they're just going
14 to buy from a farm in California or a farm in
15 Mexico, where the food standards are lower. Or
16 in other countries.
17 In other countries, the safety
18 standards regarding our food are not as good as
19 they are in New York. I think we would all
20 acknowledge that. So if you're importing more
21 food from other places with lower safety
22 standards, that's bad for our consumers, that's
23 bad for our residents.
24 It's also bad for our farmers.
25 Because every farmer I talked to, the employees
6869
1 they had, they were like an extended part of
2 their family. These were not folks that they
3 looked at as performing some kind of indentured
4 servitude. These were people who come here
5 mostly on visas, undocumented federal programs,
6 or they came here from other countries to find a
7 better life, because they could never get this
8 opportunity where they came from to make the kind
9 of money that they can make here, sometimes in
10 six months, five months. Because as we all know,
11 our growing season in New York is not great
12 compared to other states.
13 And so many of the farmers that I
14 spoke to said, you know, my employees, they love
15 being here. They love coming here and getting as
16 many hours as they can. They are signing up for
17 that. And like any business -- and farms are
18 businesses. Right? They want to feed people,
19 but it's probably nice if they can make a profit
20 or break even so they can continue to feed
21 people.
22 And many of the farms in my district
23 are small family-owned farms that have been in
24 these families for generations, and they are
25 going to cap hours. Now, they're going to cap it
6870
1 at 60 because that's the threshold today.
2 But there are people in this room --
3 and the sponsor is probably not one, because
4 she's a new member. But there are other members
5 in this room, senior members, even more senior
6 than me -- I've only been here for five years,
7 which seems like an eternity sometimes. But in
8 those five years I've seen and been a part of the
9 creation of boards. Boards, whatever you want to
10 call them. Some kind of board that's comprised
11 of people, unelected, that we assign to do
12 something that we don't want to do. And we kick
13 the ball to them.
14 I suspect the sponsor -- and I don't
15 know this, but I suspect she would have been fine
16 with her original bill. I suspect this wage
17 board will lower the threshold at some point,
18 because that's why it's created. It is actually
19 stated in the legislation. They can't go up,
20 they can only go down.
21 So my experience is -- especially in
22 government -- when you create something, it does
23 what it's supposed to do. And this board is
24 clearly intended to try to get those 60 hours
25 down to 50 or 45 or even 40.
6871
1 And our farms are not competing
2 against farms in -- it's not between Niagara
3 County and Finger Lakes or Finger Lakes and
4 Long Island. They're competing against farms
5 globally, folks, globally. You can't do things
6 in a vacuum. We continue to put regulations on
7 business in a vacuum. We think we can do it in
8 New York State and we'll lead the way. Most
9 states do not have these kinds of -- this kind of
10 framework, if they require time and a half or
11 overtime at all.
12 What this is going to do is exactly
13 what we've done with other sectors. It's going
14 to turn our number-one economic driver in
15 New York State -- number one. We give more money
16 to the film industry than we do our farms, but
17 this is the number-one economic driver. But not
18 for long, because it's going to make them less
19 competitive.
20 And if they're less competitive and
21 they're capping hours, it's actually, believe it
22 or not, bad for farmworkers. Because the
23 farmworkers will go elsewhere. They'll go to
24 other states where they can get more hours, where
25 they can get more take-home pay. Because it's
6872
1 all about take-home pay. Which in many cases the
2 farmworkers that I spoke to sent that money back
3 to their families. And they lived on that money
4 when they weren't here working the farms, if they
5 were especially on a seasonal farm.
6 Dairy would be a different story,
7 because those are 24/7 all year long.
8 But the fact of the matter is when
9 our farms are struggling -- and they are already
10 struggling. Minimum wage continues to kick in.
11 This bill will be a pile-on to minimum wage. The
12 dairy sector in New York State, if you have any
13 dairy farms -- and there are people on both sides
14 of the aisle that have dairy farms in their
15 district. There are people on both sides of the
16 aisle that have many farms in their district.
17 This is bad for your constituents. It's bad for
18 your local economy.
19 This, in my view -- I remember when
20 the Majority took office and they said, We are
21 here to represent the whole state. This bill, I
22 am sorry today, folks, says very differently.
23 There are people that I represent that when they
24 see a bill like this being pushed by I'm sure a
25 well intentioned legislator who represents four
6873
1 farms, according to the USDA -- four -- on an
2 upstate economic driver, they are going to see
3 this as an attack from New York City on the rest
4 of the state, and particularly upstate. That is
5 how it will be viewed. And that's, quite
6 frankly, how I view it. This is harmful.
7 I know that there are people here
8 who believe this is about fairness, about
9 justice. Those are powerful words. They're also
10 very big words and very impossible to sort of
11 talk about what that really means, because -- I
12 remember when I was a mayor we would talk about
13 public safety. You can't put a price on public
14 safety, right? We all know that. But you know
15 what we do every day here in this chamber? We
16 put a price on public safety. Because we have to
17 decide what the people of New York can afford to
18 pay for public safety.
19 And we have to decide what our
20 farmers can afford to pay. And we are putting
21 burdens on them that are going to drive many of
22 them out of business. That is a reality. And
23 that breaks my heart, because my district, in
24 many of my communities, that is all they have
25 when you talk about economic development. They
6874
1 don't have big movie studios and anyone else
2 coming in to shoot films. They grow crops. They
3 milk cows. But they'll be doing less of that,
4 they'll be doing less of that. And the workers
5 who work there, there will be less of them.
6 We're going to have more farms close.
7 This is a sad day for upstate
8 New York. It's a sad day for agriculture in
9 New York. And it's hardly justice to me if the
10 people you're purporting to help are getting less
11 take-home money and there's less of them working
12 in this state. That isn't justice under any
13 measure. It may be well-intentioned, but the
14 practical realities are far different.
15 So, Mr. President, for those reasons
16 I encourage my colleagues to vote no. And if you
17 are voting yes, you'd better think really hard,
18 you'd better think really hard about that yes
19 vote, how you're going to explain that to your
20 farmers and, quite frankly, your farmworkers and
21 maybe the supervisors and people who pay taxes in
22 some of these rural agriculture communities.
23 And if you don't represent those
24 communities, maybe you don't care. I'd like to
25 think that everyone in this room does care. I
6875
1 don't represent the MTA, but I care if those
2 people are riding safely and get to work on time.
3 Everyone in this room should care about where we
4 get our food from. We're going to be importing
5 more food, it's going to be less -- lower safety
6 standards. So it's bad for consumers, bad for
7 farmers, and I don't think it's good for
8 farmworkers. But yet we're going to pass it
9 anyways.
10 So Mr. President, I vote in the
11 negative.
12 ACTING PRESIDENT BAILEY: Senator
13 Antonacci.
14 SENATOR ANTONACCI: Thank you,
15 Mr. President. Will the sponsor yield for some
16 questions?
17 SENATOR RAMOS: Absolutely.
18 ACTING PRESIDENT BAILEY: Does the
19 sponsor yield? The sponsor yields.
20 SENATOR ANTONACCI: Through you,
21 Mr. President. Could the sponsor tell me, would
22 the commissioner of agriculture be prohibited
23 from putting himself or an immediate designee on
24 the wage board?
25 SENATOR RAMOS: Commissioner Ball
6876
1 or the commissioner of Agriculture & Markets
2 would be prohibited from joining the board, but
3 he has a say in who the third person on the board
4 would be.
5 SENATOR ANTONACCI: Will the
6 sponsor continue to yield?
7 ACTING PRESIDENT BAILEY: Will the
8 sponsor yield?
9 SENATOR RAMOS: Yes.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR ANTONACCI: Does that
13 person have to be someone that doesn't work for
14 the Department of Agriculture?
15 SENATOR RAMOS: I'm sorry, can you
16 repeat that?
17 SENATOR ANTONACCI: Absolutely.
18 Would that person have to be someone that is not
19 working for the Department of Agriculture?
20 SENATOR RAMOS: There's nothing in
21 the bill, Mr. President, that says the person
22 cannot be from the Department of Agriculture and
23 Markets.
24 SENATOR ANTONACCI: Will the
25 sponsor continue to yield?
6877
1 ACTING PRESIDENT BAILEY: Does the
2 sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BAILEY: The
5 sponsor yields.
6 SENATOR ANTONACCI: My colleague
7 Senator Ortt talked about perhaps the decision of
8 the board going one way versus another. I guess
9 my question centers on you may not be happy as
10 the sponsor, this side of the aisle may not be
11 happy in the way we see this bill, but what is
12 the mechanism for appealing the wage order or --
13 of the board? Is there an appeal process?
14 SENATOR RAMOS: There is not an
15 appeal process laid out in the bill,
16 Mr. President.
17 But the bill does mandate the wage
18 board to hold at least three public hearings in
19 order to help arrive at their decision.
20 SENATOR ANTONACCI: Will the
21 sponsor continue to yield?
22 ACTING PRESIDENT BAILEY: Does the
23 sponsor yield?
24 SENATOR RAMOS: Yes.
25 ACTING PRESIDENT BAILEY: The
6878
1 sponsor yields.
2 SENATOR ANTONACCI: Senator, I'm
3 concerned about competition and many other
4 regulatory schemes that surround New York State.
5 For instance, in Pennsylvania the milk industry,
6 dairy industry has minimum pricing. I'm sure
7 you're familiar with federal order pricing
8 regarding milk. So I'm concerned about
9 competition.
10 Will the wage board be able to look
11 at factors like states competing with our
12 agriculture industry in setting the wage that
13 they're going to be setting and the amount of
14 hours?
15 SENATOR RAMOS: Yes, Mr. President.
16 SENATOR ANTONACCI: Will the
17 sponsor continue to yield?
18 ACTING PRESIDENT BAILEY: Does the
19 sponsor yield?
20 SENATOR RAMOS: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR ANTONACCI: Along those
24 lines of using that information, I know that
25 there's an arbitration clause under this bill.
6879
1 Will the arbiter also be using those same factors
2 in setting whatever decision the arbiter might be
3 able to set?
4 SENATOR RAMOS: Absolutely,
5 Mr. President. Everyone involved is able to
6 utilize any of these economic indicators to come
7 to their determination.
8 SENATOR ANTONACCI: Okay, thank
9 you. Will the sponsor keep in mind?
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor yield?
12 SENATOR RAMOS: Yes.
13 ACTING PRESIDENT BAILEY: The
14 sponsor yields.
15 SENATOR ANTONACCI: With regard to
16 the 60 hours per week and then the mandatory day
17 off, is that at the option of the employee, the
18 day off?
19 SENATOR RAMOS: Every employee is
20 mandated a day off. A worker can decide to work
21 on their day off voluntarily.
22 SENATOR ANTONACCI: Will the
23 sponsor continue to yield?
24 ACTING PRESIDENT BAILEY: Does the
25 sponsor yield?
6880
1 SENATOR RAMOS: Yes.
2 ACTING PRESIDENT BAILEY: The
3 sponsor yields.
4 SENATOR ANTONACCI: So if Farmer A
5 has employed Worker B and gets to the six days of
6 work and then Worker B decides to go down the
7 street to another farmer, does that second farmer
8 have an obligation to verify whether or not that
9 employee has had a day off?
10 SENATOR RAMOS: No, Mr. President.
11 Because by definition in that hypothetical
12 situation, the worker has decided to work on
13 their day off from the first farmer voluntarily.
14 SENATOR ANTONACCI: Will the
15 sponsor continue to yield?
16 ACTING PRESIDENT BAILEY: Does the
17 sponsor yield?
18 SENATOR RAMOS: Yes.
19 ACTING PRESIDENT BAILEY: The
20 sponsor yields.
21 SENATOR ANTONACCI: Okay. So if
22 the worker goes to a completely different farm,
23 that worker at his or her option can work. But
24 if that worker chooses to stay at the current
25 employ, the farmer in question would be
6881
1 prohibited from paying anything but time and a
2 half, is that correct?
3 SENATOR RAMOS: This is correct,
4 Mr. President. The goal of the bill is to
5 empower the worker.
6 SENATOR ANTONACCI: Will the
7 sponsor continue to yield?
8 ACTING PRESIDENT BAILEY: Does the
9 sponsor yield?
10 SENATOR RAMOS: Yes.
11 ACTING PRESIDENT BAILEY: The
12 sponsor yields.
13 SENATOR ANTONACCI: Was any
14 analysis done by the sponsor or the sponsor's
15 team in relation to competing agricultural
16 products and import and export of products from
17 other states?
18 SENATOR RAMOS: Yes, Mr. President.
19 SENATOR ANTONACCI: Will the
20 sponsor continue to yield?
21 ACTING PRESIDENT BAILEY: Will the
22 sponsor yield?
23 SENATOR RAMOS: Yes.
24 ACTING PRESIDENT BAILEY: The
25 sponsor yields.
6882
1 SENATOR ANTONACCI: Could you tell
2 me how that report or that information changed
3 this bill, didn't change this bill, or was
4 factored into the current bill?
5 SENATOR RAMOS: As noted earlier,
6 the first version of this bill spoke to overtime
7 pay after 40 hours in one week. And given our
8 analysis and my personal experience traveling
9 across this state to more than a dozen farms with
10 both the advocates and the Farm Bureau, I
11 utilized all of that information to determine
12 that we needed to move the goalpost from 40 hours
13 to 60 and provide for this mechanism to work our
14 way back, when and if applicable.
15 SENATOR ANTONACCI: Will the
16 sponsor continue to yield?
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR RAMOS: Yes.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR ANTONACCI: Thank you for
23 that answer, Senator Ramos.
24 But the wage board can move that
25 goal line, is that a fair statement?
6883
1 SENATOR RAMOS: The wage board,
2 Mr. President, is able to work retroactively.
3 The whole point is for them to look at economic
4 indicators and determine whether the overtime pay
5 threshold can be moved from 60 hours closer to
6 40, for parity with every other worker in this
7 state.
8 SENATOR ANTONACCI: Okay. Will the
9 sponsor continue to yield?
10 ACTING PRESIDENT BAILEY: Does the
11 sponsor yield?
12 SENATOR RAMOS: Yes.
13 ACTING PRESIDENT BAILEY: The
14 sponsor yields.
15 SENATOR ANTONACCI: Are there any
16 employees that are not part of the one day off --
17 I have to admit I'm little confused on whether or
18 not dairy workers or those caring for live
19 animals are mandated to have one day off.
20 SENATOR RAMOS: Mr. President,
21 every single worker deserves a day off.
22 SENATOR ANTONACCI: Mr. President,
23 will the sponsor continue to yield?
24 ACTING PRESIDENT BAILEY: Does the
25 sponsor yield?
6884
1 SENATOR RAMOS: Yes.
2 ACTING PRESIDENT BAILEY: The
3 sponsor yields.
4 SENATOR ANTONACCI: No, I
5 appreciate the sponsor's passion, but does the
6 bill require a day off for every industry that is
7 involved in agriculture?
8 SENATOR RAMOS: Yes, Mr. President.
9 SENATOR ANTONACCI: Thank you.
10 Thank you, Mr. President.
11 ACTING PRESIDENT BAILEY:
12 Senator LaValle.
13 SENATOR LaVALLE: Thank you,
14 Mr. President. I rise --
15 ACTING PRESIDENT BAILEY: Senator
16 LaValle, are you on the bill or asking the
17 sponsor to yield?
18 SENATOR LaVALLE: No. I want to
19 speak on the bill.
20 ACTING PRESIDENT BAILEY:
21 Senator LaValle on the bill.
22 SENATOR LaVALLE: Thank you.
23 I rise in great pain. I've thought
24 about this very day, lost sleep because I don't
25 think the sponsor realizes that this bill has
6885
1 enormous potential for changing the face of
2 agriculture in our state.
3 Let's look at the typical farm
4 personality. In many cases -- and it gets less
5 and less -- an individual or individuals
6 inherited the farm from their parents. In
7 Suffolk County we have a protection, agriculture
8 protection statute both at a state level and a
9 local level to preserve what we have. And many
10 of the parcels are not being transferred to
11 younger family members.
12 I meet with young people, the Young
13 Farmers Association down on Long Island, and some
14 of them are very, very excited about following in
15 their parents' footsteps. The face of
16 agriculture is changing in Suffolk County. It
17 was mostly vegetable farming when I started;
18 there are now vineyards, we grow hops. There
19 used to be the cabbage auction. No more. And
20 things have changed.
21 This legislation will have a great
22 potential for people leaving and selling their
23 development rights to someone who will grow
24 houses rather than produce. There's still --
25 it's a funny, funny thing. During the pumpkin
6886
1 season, people from your district, Senator
2 Rozic --
3 SENATOR RAMOS: Ramos.
4 SENATOR LaVALLE: Ramos, I'm sorry.
5 Ramos. -- come out to the First Senate District
6 to buy pumpkins, as you're gesturing that you do.
7 So everyone kind of shrugs their
8 shoulders and says, Who would have known pumpkins
9 would have been so popular.
10 I would say in my case now we add a
11 new dimension, because people might be selling
12 their farms, they can't farm and we're going to
13 be, as I said, growing houses. We need to
14 consider the personality of the farmer who works
15 really hard -- I mean, really, these people work
16 hard. They get up early in the morning and
17 they're out there, you know, working till late at
18 night.
19 What are we going to do? We're
20 going to -- whatever little they make, we're
21 going to take that away? And I talk about the
22 farm -- farmer personality, because that's the
23 way they think. And I am very disappointed in
24 the state association, the Farm Bureau, because
25 this is a bad day on their watch to have this
6887
1 bill come before us.
2 This is not a new bill. This bill
3 has been out there for a number of years. I
4 would hope that my colleagues from Long Island
5 will vote against this bill because it will
6 change people's lives on the East End, it will
7 change -- it will be hurtful to people. Hurtful.
8 Hurtful. And I don't think that's why we come to
9 our jobs. We want to help people, not hurt them.
10 This bill will hurt people.
11 I would hope -- it doesn't happen
12 very often that a bill fails, because we think we
13 always have our ducks in line. But we are
14 hurting people, changing people's lives. So I
15 would hope my colleagues think about their vote
16 and vote in the negative.
17 ACTING PRESIDENT BAILEY: Senator
18 Savino.
19 SENATOR SAVINO: Thank you,
20 Mr. President.
21 ACTING PRESIDENT BAILEY: On the
22 bill?
23 SENATOR SAVINO: On the bill.
24 ACTING PRESIDENT BAILEY: On the
25 bill.
6888
1 SENATOR SAVINO: Thank you,
2 Mr. President. First I want to talk a bit
3 about -- I heard the words "fairness" and
4 "justice." And that's what we're here trying to
5 figure out. But we're also addressing something
6 else. It's called history. In this historic
7 chamber, where so much history has happened,
8 starting with a man who I reference all the
9 time -- he's an idol of mine, I think one of the
10 most important figures to working men and women,
11 a former member of this body, Franklin Delano
12 Roosevelt. Who went on to become the president
13 of the United States and a little more than
14 84 years ago signed into law a piece of
15 legislation in Washington known as the National
16 Labor Relations Act, recognizing that workers had
17 a civil right, a constitutional right to
18 organize, to band together so that they could
19 improve their working conditions, they could
20 unionize, they could have a voice in the
21 workplace, they could have dignity.
22 But in an effort to get that bill
23 passed, he had to do a little log rolling.
24 That's what happens in politics, right? He had
25 to find a way to get the support of southern
6889
1 Dixiecrats, Democrats, who couldn't fathom the
2 ideal that you could grant the rights of workers,
3 the constitutional right to organize -- or even
4 the right to be declared an employee under labor
5 law, and all the rights that are inherent in that
6 title to farmworkers or domestic workers. They
7 couldn't imagine that you could grant those
8 rights to those people. Because after all, who
9 were they? They were largely black women and
10 black men and later on became minorities of all
11 walks of life. They just couldn't imagine it.
12 And that was the compromise that was
13 made in Washington, and that was a compromise
14 that was adopted here when the state Employee
15 Relations Act was adopted and we deliberately
16 omitted domestic workers and farmworkers from the
17 definition of employee.
18 We've done a lot of wonderful things
19 for working men and women in this state. We were
20 the first to pass child labor laws. We were
21 first to recognize a woman's right to vote.
22 We were the first state to correct
23 that injustice against domestic workers when 10
24 years ago, in this chamber, in this historic body
25 with some of you, we passed the first Domestic
6890
1 Workers Bill of Rights in the nation, recognizing
2 that domestic workers should be treated as
3 employees and should be granted rights, including
4 a day of rest, and asking the Department of Labor
5 to study whether or not they should have
6 collective bargaining rights. Recognizing their
7 humanity as workers, because they take care of
8 people in our lives.
9 But we have yet to have done
10 anything on farmworkers. When we get elected, we
11 had all come here with our own experiences. I
12 grew up in New York City. So what do I know
13 about farms? Nothing. I've chaired the Labor
14 Committee. I know a lot about workers. I know a
15 lot about labor rights. When I was chair of the
16 Labor Committee, I, like Senator Ramos and
17 others, decided maybe I should learn something
18 about the farming industry. And so I went and I
19 visited farms. I visited dairy farms, I visited
20 agricultural farms, and I learned how hard this
21 industry is. And I watched farmers -- you're
22 right, Senator Ortt. I watched them, they get up
23 at 4 o'clock in the morning, and some of their
24 kids do too. And after they work the farm, then
25 they go to school and they come home and they
6891
1 work the farm again. I've seen it firsthand.
2 I went to dairy farms -- and by the
3 way, in case you've never visited a dairy farm,
4 dairy cows have very long tongues. And if you
5 turn your back on them, they will lick you. And
6 you have not lived until you've been licked by a
7 dairy cow. It's an experience.
8 The farming industry, the
9 agricultural business is the bedrock of our
10 state, and it is suffering. But that doesn't
11 mean we should ignore the plight of the workforce
12 simply because we have ignored the plight of the
13 industry.
14 You're right, we spend more on the
15 film tax credit than anything we give to the
16 agricultural industry. We can fix that. We can
17 fix that. We can do that through the budget
18 process. That doesn't mean that we should ignore
19 the plight of the workforce.
20 I listened to the farmers when they
21 came to the hearings that we had. They care
22 about their workers. They are their family.
23 They want to do more for them. They're
24 struggling. We can help them do that. But that
25 doesn't mean we should ignore the plight of the
6892
1 workers. They should be entitled to be treated
2 like every other worker, with the constitutional
3 right to organize, whether they choose to
4 exercise it or not.
5 It has been said that success has
6 many parents and failure is an orphan. So if
7 there is success here today, we deserve to
8 recognize many of the parents of the farm
9 laborers fair labor practices, because it has a
10 lot of parents. Of course there's today's
11 parent, the mother of this bill, and that is
12 Senator Jessica Ramos. Senator Jen Metzger
13 participated in this as the chair of the
14 Agricultural Committee. Senator Rachel May, who
15 represents upstate New York. Senator Monica
16 Martinez, who represents Suffolk County.
17 But there are a lot of other
18 legislators who have carried this bill in the
19 past, and I'm going to name a few of them. You
20 might be surprised by some of the people who have
21 carried the Farmworkers Bill of Rights. No less
22 than Senator John Flanagan, in the past. Olga
23 Mendez -- it was the last bill that she carried
24 before she left office. Carl Marcellino. Neil
25 Breslin. Joe Robach.
6893
1 George Onorato. It broke his heart
2 that we couldn't pass the bill. In fact, it
3 failed on the bill floor three times in one night
4 10 years ago when we were in the majority. He
5 had a staff member, Alyssa Talanker. She cried
6 as if it was her own personal failing.
7 Even Pedro Espada --
8 (Laughter.)
9 SENATOR SAVINO: -- scandal-scarred
10 as he was, was determined to do right by
11 farmworkers.
12 I myself carried the bill. In fact,
13 four years ago -- I'm sorry, five years ago we
14 were on the verge of passing a piece of
15 legislation that was a compromise bill. Looked
16 very similar to the bill we're working on today,
17 and it fell apart at the last minute.
18 Former Senator Marisol Alcantara.
19 Her staff member Josh Jones, who right now is
20 dealing with cancer, he visited farms all over
21 the state.
22 When Senator Shelley Mayer was
23 majority counsel, she helped try to move this
24 bill through. So many people have tried to move
25 this bill through, to get justice for
6894
1 farmworkers.
2 From the labor movement, former
3 president of the AFL-CIO Denis Hughes. Mario
4 Cilento, the current president of the AFL-CIO.
5 Mike Neidl, who has worked so hard to help draft
6 this bill. Richie Winston, I see him up there in
7 the chamber. Richard Witt and the Farm Labor
8 Religion Coalition. The Hudson Valley Labor
9 Federation. The Catholic Conference and Cardinal
10 Dolan -- and every cardinal before him. The
11 Kennedy family, who could forget them. Kerry
12 Kennedy would come here every week and lobby on
13 behalf of this bill. In fact, her mother, Ethel
14 Kennedy, called every member of the Senate a few
15 years ago to try and get us to pass a piece of
16 legislation. And Kerry's daughters Michaela,
17 Mariah, and Cara Cuomo.
18 The New York Civil Liberties Union.
19 Where would we be right now had it not been for
20 Donna Lieberman bringing that lawsuit that
21 brought us to where we are today?
22 And of course there's an individual
23 who every day thinks about the plight of
24 farmworkers and every day figures out how he's
25 going to write about it: Michael Aronson, the
6895
1 Daily News editorial board. He has been
2 relentless on this issue.
3 This bill has come before us many
4 times before, and we've never been able to pass
5 it. It's failed on the floor a few times. I
6 think we're going to get it done this time. But
7 you're right, we need to do more for farmers. We
8 cannot just simply pass this cost upon them and
9 these new obligations. We should give them the
10 same care and attention that we provide to the
11 film industry. They deserve it. They are
12 competing against states that make it very
13 difficult for them. We recognize that.
14 And finally I want to say that we
15 would not be here tonight also had it not been
16 for a person who every year has been fighting for
17 this. She has never, ever, ever given up. And
18 that is Assemblywoman Cathy Nolan. Never gave up
19 on the farmworkers.
20 And so today again, in this chamber,
21 we will make history. And history is sometimes
22 messy. But it's always necessary when you're
23 talking about fairness and justice and equality.
24 I vote aye, Mr. President.
25 ACTING PRESIDENT BAILEY: Senator
6896
1 Akshar.
2 SENATOR AKSHAR: Thank you,
3 Mr. President.
4 I'm on the bill. I appreciate your
5 indulgence.
6 ACTING PRESIDENT BAILEY:
7 Senator Akshar on the bill.
8 SENATOR AKSHAR: I think if there
9 were ever a political bill, this is it. I really
10 do. You know, I was disappointed in the car wash
11 bill. I was disappointed in the Green Light
12 bill.
13 But, you know, Mr. President, I rise
14 to apologize. I do. I rise to say I'm sorry to
15 every farmer and every farmworker throughout this
16 great state. You know why I say I'm sorry?
17 Because neither the farmer nor the farmworker
18 wants this bill. This is terrible public policy.
19 This is a travesty.
20 And we talk about history. I'm
21 afraid that this is the death knell for farmers
22 across this great state. In the last five years,
23 20 percent of our dairy industry has gone down
24 the tubes. Suicide amongst farmers, up
25 30 percent. Farm Net now offering mental health
6897
1 first aid training. They say we're in the midst
2 of the worst farm depression and recession since
3 the 1980s. And I am convinced that this
4 particular bill is being driven by politicians
5 looking to score political points, or looking to
6 put a feather in their political cap, with
7 absolutely no regard for people like I know back
8 at home. Like Scott and Laura Glezen, who have
9 over a million dollars in payroll annually. Like
10 Judy Whittaker and Scott Whittaker, a half a
11 million dollars in payroll annually. These
12 people care deeply, deeply about the people who
13 work for them, like their own family, like their
14 own family. They bust their ass. They work 18
15 hours a day, subzero conditions, hot conditions.
16 They care a great deal about their employees.
17 And I think we haven't given people
18 like Scott and Laura and Judy and Scott just
19 enough regard about how this is going to affect
20 them.
21 The wage board. Let me be clear
22 about the wage board. It's a fraud and it's a
23 farce, just like the fast food industry wage
24 board that we had. The fix was in long before
25 they ever came up with their number. And my fear
6898
1 is that the fix is in again.
2 I'll close on this. I think the
3 Farm Bureau at large has done a gross disservice
4 to the people that they're supposed to represent.
5 They were incredibly late to the dance on this.
6 Today is the 19th of June, and now is the memo of
7 opposition. They ran around here and had rallies
8 and, you know, everything was great. And now,
9 you know, shortly before this bill comes out, the
10 memo of opposition comes out. From my estimate,
11 I would say that they failed to properly
12 represent the hardworking men and women in the
13 agriculture industry.
14 And Senator Savino, you're right, we
15 have to do more for agriculture. We do. You
16 know what? As elected officials we can't
17 pontificate about how great agriculture is and
18 how important it is to the people of this great
19 state and then really turn our back on them. We
20 give them a pittance in terms of the state's
21 budget. We need to do much better.
22 You know, the chairwoman of the
23 Agriculture Committee has a bill to reduce
24 suicide amongst farmers. I think it's a great
25 bill. But then we advance a piece of policy like
6899
1 this that I'm afraid is going to affect that
2 30 percent of people that I talk about.
3 Mr. President, I'll vote no when
4 it's time. Thank you.
5 ACTING PRESIDENT BAILEY: Senator
6 Ranzenhofer.
7 SENATOR RANZENHOFER: Thank you,
8 Mr. President. If the sponsor would rise for a
9 couple of questions.
10 SENATOR RAMOS: Absolutely.
11 ACTING PRESIDENT BAILEY: Will the
12 sponsor yield? The sponsor yields.
13 SENATOR RANZENHOFER: Thank you
14 very much.
15 So one of the first comments that
16 the sponsor made when discussing the bill with
17 Senator Ortt is that this bill was negotiated
18 with the assistance of the Farm Bureau. But the
19 Farm Bureau has come out in opposition to your
20 bill. So how was it that this was negotiated
21 with the Farm Bureau if they're not in favor of
22 the legislation that you're advancing today?
23 SENATOR RAMOS: Absolutely.
24 Mr. President, we tried our best to include all
25 the stakeholders that are involved in this bill,
6900
1 different worker organizations and different
2 farmer organizations -- the vegetable growers
3 also were at the table with us, and including
4 some of my fellow legislators.
5 The idea was to come to a compromise
6 on what the bill should look like. And we made
7 determinations and agreed on some and disagreed
8 on others. And ultimately I feel that they have
9 outlined in their memo of opposition the
10 provisions that they feel strongly against.
11 But at the end of the day, this is a
12 bill for workers, and I feel confident that we're
13 doing what's best for them.
14 SENATOR RANZENHOFER: If the
15 sponsor will continue to yield.
16 ACTING PRESIDENT BAILEY: Will the
17 sponsor yield?
18 SENATOR RAMOS: Yes.
19 ACTING PRESIDENT BAILEY: The
20 sponsor yields.
21 SENATOR RANZENHOFER: So obviously
22 other states have had bills such as this -- let
23 me just mention California -- and many of those
24 states have implemented those bills over a number
25 of years. There's been a slow rollout of the
6901
1 bills.
2 Why did the sponsor feel that it was
3 necessary to have a very, very short time frame
4 for the implementation of this bill when other
5 states which have adopted legislation like this
6 have taken a more prudent approach and rolled it
7 out over a number of years?
8 SENATOR RAMOS: Mr. President, time
9 is relative and subjective. It is not my belief
10 that we have given farmers too short of a period
11 of time to adapt. They have been aware of this
12 bill, of this proposal for two decades now. And
13 I believe that that's why we were able to include
14 everybody in conversations. And I'm sure that as
15 prepared as farmers are, given all of the
16 variables in their work, that they've begun to
17 start thinking about what accommodations they
18 need to make for the Farmworker Labor Practices
19 Act to become a reality.
20 SENATOR RANZENHOFER: If the
21 sponsor will continue to yield.
22 ACTING PRESIDENT BAILEY: Will the
23 sponsor yield?
24 SENATOR RAMOS: Yes.
25 ACTING PRESIDENT BAILEY: The
6902
1 sponsor yields.
2 SENATOR RANZENHOFER: So if it's
3 the sponsor's contention that farmers have been
4 aware of this for two decades, when was the
5 language dealing with the wage board inserted?
6 SENATOR RAMOS: The language with
7 the wage board is part of the latest version of
8 the bill, which was submitted -- I guess Sunday?
9 On Sunday.
10 And again, this part of the bill was
11 something that we had talked over and talked
12 through with representatives of the farmers
13 themselves.
14 SENATOR RANZENHOFER: If the
15 sponsor will continue to yield.
16 ACTING PRESIDENT BAILEY: Will the
17 sponsor yield for a question?
18 SENATOR RAMOS: Yes.
19 ACTING PRESIDENT BAILEY: The
20 sponsor yields.
21 SENATOR RANZENHOFER: So it sounds
22 to me, and correct me if I'm wrong, that it's the
23 sponsor's contention that while farmers have had
24 two decades to germinate and think about this
25 bill, that the 72 hours since the language was
6903
1 inserted, that was sufficient time for them to
2 think about and see how they were going to adjust
3 to this. So on the one hand, it would be
4 appropriate to have two decades to work on this
5 issue, and on the other hand it's 72 hours, you
6 feel that's sufficient.
7 SENATOR RAMOS: Mr. President, for
8 those 20 years that we're talking about, the bill
9 stated 40 hours. And now it's 60 hours. So it's
10 presumably much easier to make any accommodations
11 that are necessary in order to abide by the new
12 law.
13 SENATOR RANZENHOFER: If the
14 sponsor will continue to yield.
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield?
17 SENATOR RAMOS: Yes.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR RANZENHOFER: So it's the
21 purpose of this bill, as was stated by you and by
22 Senator Savino, that this is a bill to help
23 farmworkers. And you were gracious enough to
24 visit my district, and I actually have a lot of
25 farmworkers that live in my district. As opposed
6904
1 to you and some of the other members, I have
2 thousands of farmworkers that live in my district
3 who I interact with, they're part of the
4 communities that I represent. And you had the
5 opportunity to meet with maybe 200, 300, 350 of
6 them.
7 And what they've told to me, and I
8 believe they told you, is that they were not
9 looking for a limit on their ability to earn
10 income. They -- there are some that are here all
11 year round, and there are some that are here for
12 a short period of time. And I know because I was
13 there, but they told you what they told me, and
14 that is that they want to make and they want to
15 earn as much money as they can. Would that be a
16 fair statement?
17 SENATOR RAMOS: Mr. President, yes,
18 that is true. In fact, of the 200 farmworkers
19 that I met in Senator Ranzenhofer's district,
20 most were H-2A visa workers, meaning that they
21 are migrant workers coming from other
22 countries -- in that case, primarily Mexico and
23 Guatemala.
24 H-2A visa workers barely make up
25 10 percent of the overall farm workforce and
6905
1 therefore are not necessarily very representative
2 of the general labor market.
3 SENATOR RANZENHOFER: If the
4 sponsor will continue to yield.
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR RANZENHOFER: In my
11 district we have more than H-2A workers who were
12 there at the rally -- or not the rally, but at
13 the forum, whatever you want to call it. And
14 wouldn't it be fair to say that all the workers
15 wanted the opportunity at their choice to be able
16 to earn as much money as they can?
17 SENATOR RAMOS: Absolutely,
18 Mr. President.
19 Unfortunately, NAFTA and -- like
20 free-trade agreements do, wreak havoc in other
21 countries and ultimately result in either
22 immigration or forced to participate in migrant
23 worker programs.
24 And that's exactly what has happened
25 here. Many of these farmworkers who come to
6906
1 New York with H-2A visas have knowledge about the
2 agricultural industry because they used to be
3 farmers in their own country. But unfortunately,
4 all of the product dumping and everything that
5 has happened has forced them into this economic
6 reality.
7 So of course they want to come to
8 our country and work as many hours as possible.
9 That doesn't mean that it's healthy.
10 SENATOR RANZENHOFER: So if the
11 sponsor will continue to yield.
12 ACTING PRESIDENT BAILEY: Does the
13 sponsor yield?
14 SENATOR RAMOS: Yes.
15 ACTING PRESIDENT BAILEY: The
16 sponsor yields.
17 SENATOR RANZENHOFER: So is it your
18 position, then, that we in government know
19 better, that we should tell a farmworker who is
20 an adult and can make their own decision that we
21 know best, it's not healthy for you to work more
22 than 60 hours a week over what they want to do?
23 Is that the sponsor's position?
24 SENATOR RAMOS: Mr. President, I
25 believe that the government's role is to ensure
6907
1 that no human being is exploited in any way. Our
2 job is to think about the general welfare and the
3 public good.
4 So as Labor chair and as a State
5 Senator, thinking about state issues as it
6 pertains to labor specifically, yes, I believe
7 that it is our role to think about how we can
8 improve health outcomes, how we can improve
9 employment conditions for every worker in New
10 York State.
11 SENATOR RANZENHOFER: If the
12 sponsor will continue to yield.
13 ACTING PRESIDENT BAILEY: Will the
14 sponsor yield?
15 SENATOR RAMOS: Yes.
16 ACTING PRESIDENT BAILEY: The
17 sponsor yields.
18 SENATOR RANZENHOFER: And under
19 your bill, nevertheless, with this concern a
20 farmworker can still work a hundred hours a week.
21 There's nothing which prevents -- you know,
22 stated -- with you stating those objections, the
23 bill actually doesn't say that you can't work a
24 hundred hours a week. Is that a fair statement?
25 SENATOR RAMOS: That is correct.
6908
1 In New York State there is no labor law that
2 really limits the amount of hours that a worker
3 can put into a job. What it does is regulate at
4 what point overtime pay would have to kick in.
5 SENATOR RANZENHOFER: If the
6 sponsor will continue to yield.
7 ACTING PRESIDENT BAILEY: Will the
8 sponsor yield?
9 SENATOR RAMOS: Yes.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR RANZENHOFER: And I think
13 if it's -- correct me if I'm wrong, but the
14 sponsor learned that when you insert an
15 artificial barrier, whether it be 40, 50, 60, 70,
16 that that is the maximum number of hours that
17 that employee will be allowed to work at that
18 farm. Would that be a fair statement?
19 SENATOR RAMOS: Mr. President, that
20 is not necessarily true. I did meet farmers in
21 my travels who suggested that at 60 hours, and
22 depending on the sector, too, because not all
23 sectors actually relate to those 60 hours,
24 necessarily. But there are farmers that are
25 willing and able to pay overtime pay after
6909
1 60 hours.
2 SENATOR RANZENHOFER: If the
3 sponsor will continue to yield.
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR RAMOS: Yes.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR RANZENHOFER: So let me ask
10 you a question. Under the Labor Law, there are
11 certain exemptions for different workers, and one
12 of them is farm laborers. Is that correct?
13 SENATOR RAMOS: That's correct.
14 SENATOR RANZENHOFER: Okay. If the
15 sponsor will yield. And another exempt class is
16 taxi --
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR RAMOS: Yes.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR RANZENHOFER: Another
23 exempt class is taxicab drivers, is that correct?
24 SENATOR RAMOS: Not to our
25 knowledge, Mr. President.
6910
1 SENATOR RANZENHOFER: If the
2 sponsor will continue to yield.
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield?
5 SENATOR RAMOS: Yes.
6 ACTING PRESIDENT BAILEY: The
7 sponsor yields.
8 SENATOR RANZENHOFER: So under
9 New York's minimum wage and overtime laws, which
10 by New York Labor Law Article 19, Section 650,
11 there are designated classes of employees that
12 are not included that are granted overtime
13 exceptions.
14 And the first one that's listed here
15 is people that are employed as babysitters. Then
16 farm laborers are included. Then bona fide
17 administrative or professional employees are
18 included. Then outside salespersons are
19 included. Then taxicab drivers are included.
20 And actually, the last class that's listed is
21 federal, state or municipal government workers.
22 So why did the sponsor not seek to
23 protect people that live in your district and
24 other people in the five boroughs of Manhattan,
25 taxicab drivers? I don't have a lot of taxicab
6911
1 drivers in my district. But why is it that the
2 sponsor was not concerned with people that live
3 in her district but people that live in other
4 people's districts?
5 SENATOR RAMOS: Mr. President, I am
6 concerned with every worker in New York State,
7 particularly as labor chair, but also as a
8 New Yorker.
9 And look, we've been moving through
10 the different industries who have beared the
11 brunt of exploitative practices. We passed a car
12 washers bill earlier. Some years ago, the
13 domestic workers were able to champion their own
14 bill of rights. This is high time that
15 farmworkers receive their justice too.
16 And in the future, believe you me,
17 we will be talking about the other industries as
18 well. It's important that we bring labor
19 practices out of the last century and into this
20 one.
21 SENATOR RANZENHOFER: If the
22 sponsor will continue to yield.
23 ACTING PRESIDENT BAILEY: Will the
24 sponsor yield?
25 SENATOR RAMOS: Yes.
6912
1 ACTING PRESIDENT BAILEY: The
2 sponsor yields.
3 SENATOR RANZENHOFER: So under your
4 bill, if a -- no matter how many hours a person
5 that works on a farm has worked, if they work on
6 a Sunday, which would be designated as their day
7 off, even if they've only worked 20 hours in the
8 week, they would have to be paid time and a half
9 on the Sunday that's their day off?
10 SENATOR RAMOS: Yes, that's
11 correct.
12 SENATOR RANZENHOFER: And even
13 though you -- if the sponsor will continue to
14 yield.
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield?
17 SENATOR RAMOS: Yes.
18 ACTING PRESIDENT BAILEY: The
19 sponsor yields.
20 SENATOR RANZENHOFER: Not on the
21 bill, but just as a preface, that -- again, I've
22 been representing my district for 11 years and
23 have talked to many farmers and many farmworkers
24 over a long period of time. And the -- so I just
25 want to make sure, because you had mentioned that
6913
1 you did meet some farmers that would be willing
2 to pay overtime.
3 I know that Senator Ortt mentioned
4 he had -- I think it was 1100 farms. I've got
5 hundreds and hundreds and hundreds of farms in my
6 district, and I just have to share with you that
7 the people that are able to do that -- not
8 whether they want to do it, that they're able to
9 do it -- are very, very small.
10 But the point that I want to make is
11 that so if we assume -- and I think it's a fair
12 assumption that at least in my district and many
13 of my colleagues' districts, that they're not
14 going to pay overtime because they can't afford
15 it and will go out of business.
16 Aren't what you really are doing now
17 is you're cramming that 60 hours a week --
18 instead of being spread over seven days, which
19 might make it easier for the farmworker to
20 manage, you're now cramming it into six days,
21 where they'll be working six 10-hour days, as
22 opposed to being able to spread it over seven
23 days? Would that be a fair statement?
24 SENATOR RAMOS: Yes.
25 SENATOR RANZENHOFER: And can you
6914
1 tell me why --
2 ACTING PRESIDENT BAILEY: Does the
3 sponsor --
4 ACTING PRESIDENT BAILEY: If the
5 sponsor would yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR RAMOS: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR RANZENHOFER: Thank you.
12 Thank you.
13 So one of the things I think that
14 you learned on your at least visit to my
15 district, and I presume some of the other visits
16 and forums that you had, is that many of these
17 farms are family farms. And a family farm, at
18 least in today's day and age where there are
19 fewer farmers, are really extended families. So
20 they're parents, they're children, spouses. But
21 it also extends to brothers and sisters and
22 nieces and nephews. I mean, that's the typical
23 makeup of farms in my district.
24 So why is it that you limited your
25 definition of family farms to only the immediate
6915
1 family of parents, spouses and children, which
2 doesn't really reflect reality in the way that
3 most farms are actually operated in the State of
4 New York?
5 SENATOR RAMOS: Yes, Mr. President,
6 we support expansive interpretation of that
7 provision. And the Department of Labor can weigh
8 in and determine how that is applied.
9 SENATOR RANZENHOFER: If the
10 sponsor will --
11 SENATOR RAMOS: That being said, if
12 I may, there are family farms and then there are
13 family farms.
14 It's true that most farms in
15 New York are not large farms. That being said,
16 the farms that I visited in Senator Ranzenhofer's
17 district are some of the biggest farms that I
18 visited. Even though it's family-owned, they
19 very much have huge acreage and hundreds and
20 hundreds of employees.
21 So "family farms" is a relative
22 term.
23 SENATOR RANZENHOFER: Will the
24 sponsor continue to yield.
25 ACTING PRESIDENT BAILEY: Will the
6916
1 sponsor yield?
2 SENATOR RAMOS: Yes.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR RANZENHOFER: And at the
6 same time, most of the farms are actually much
7 smaller operations.
8 So I know that you said that this
9 can be dealt with at a later date, but you've
10 introduced a bill, we have a bill in front of us.
11 And knowing that a vast majority of these farms
12 are really extended-family farms -- or extended
13 families that are operating these farms, why did
14 you decide to limit -- in the vote that we are
15 taking today on your bill, why did you decide to
16 limit it to just the immediate family when in
17 reality, I think throughout most of the state,
18 most of these farms are extended-family farms?
19 SENATOR RAMOS: Mr. President, that
20 provision comes from a compromise in us working
21 with the other parts of government in delivering
22 a bill that we believe works.
23 SENATOR RANZENHOFER: If the
24 sponsor will yield.
25 ACTING PRESIDENT BAILEY: Does the
6917
1 sponsor yield?
2 SENATOR RAMOS: Yes.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR RANZENHOFER: So I don't
6 really understand that rationale. Can you please
7 elaborate? I don't know what that means. What's
8 the rationale behind limiting it to immediate
9 family?
10 SENATOR RAMOS: Again, this is a
11 compromise that we arrived at with the other
12 house, with the Assembly and the Executive. This
13 is a bill that we are putting forth with our best
14 ideas, and that provision can be revisited by the
15 Department of Labor.
16 SENATOR RANZENHOFER: If the
17 sponsor will continue to yield.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor yield?
20 SENATOR RAMOS: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR RANZENHOFER: So there's
24 been some conversation about the wage board. And
25 over the last couple of days we've dealt with
6918
1 certain bills. Last night we dealt with the
2 climate bill, where we designated certain
3 authority to different working groups and
4 subcommittees. And I think earlier today when I
5 was taking to Senator Sanders, we designated some
6 responsibility to another group.
7 Why would it be that right now, you
8 know, this is a collective body of 213 members,
9 Assemblymembers and Senators. So why -- how is
10 it in the best interests of the public that
11 decisions, important decisions concerning how we
12 are affecting the lives of the residents of the
13 State of New York, how is it better that we --
14 and I'm going to use the word "abrogate" --
15 abrogate our responsibility to make important
16 decisions, as was done in this bill, the decision
17 to go from 40 to 60 -- how is it better to
18 abrogate that responsibility, making a decision
19 like that from a collective body of legislators
20 from all over the state, to two people? That
21 would be two-thirds of the wage board.
22 SENATOR RAMOS: Mr. President, I
23 don't believe in negotiating wages without
24 workers at the table, ever.
25 So for us to say that even though in
6919
1 a representative democracy of course we would be
2 elected members for each of our designated
3 geographies, really the negotiation and the
4 economic indicators that need to be taken into
5 consideration have to come from the experts
6 themselves, being the business owner and the
7 worker. And so this is actually a much more fair
8 way to assess whether it's appropriate to scale
9 back the hours of overtime pay without putting
10 politically elected leaders' influence in play.
11 SENATOR RANZENHOFER: If the
12 sponsor will continue to yield.
13 ACTING PRESIDENT BAILEY: Will the
14 sponsor yield?
15 SENATOR RAMOS: Yes.
16 ACTING PRESIDENT BAILEY: The
17 sponsor yields.
18 SENATOR RANZENHOFER: So why did --
19 because very often administrative or appointed
20 boards report back to the Legislature. Why did
21 you, as sponsor, feel it was a better or more
22 appropriate system to delegate or abrogate this
23 responsibility to people that are not elected,
24 rather than having them report back to us for us
25 to make that decision?
6920
1 And then the second part of the
2 question: So if that's the case, why did -- why
3 was the decision made to only allow the number of
4 hours to go down as opposed to allowing the
5 numbers to go up, if it truly is a fact that you
6 believe that it's better for someone who is an
7 expert to be able to make that decision?
8 SENATOR RAMOS: Mr. President, I
9 don't believe that a worker's wage should be
10 determined by the winds of politics at the time.
11 I think that they should be determined by
12 whatever the conditions of that particular
13 industry's economy is at the time.
14 That is why I don't believe that any
15 of us should have a say as to whether the wages
16 should -- sorry, the threshold for overtime pay
17 should be moved.
18 In essence, the idea is to ensure
19 that the workers are achieving a level of rest
20 and also ensuring that their pay is being
21 compensated appropriately. Or their work,
22 rather.
23 SENATOR RANZENHOFER: If the
24 sponsor will continue to yield.
25 ACTING PRESIDENT BAILEY: Will the
6921
1 sponsor yield?
2 SENATOR RAMOS: Yes.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR RANZENHOFER: So under that
6 line of reasoning, if you don't think it's
7 appropriate for a legislative body to do
8 something like that, would it also be your
9 position that it's inappropriate for a
10 legislative body to set a minimum wage?
11 SENATOR RAMOS: Mr. President,
12 minimum wages currently are set by wage boards
13 and ultimately put forth to us as a body for
14 consideration. Or, you know, the Governor can
15 also flex his powers and ensure that it becomes
16 the law of the land.
17 SENATOR RANZENHOFER: If the
18 sponsor will continue to yield.
19 ACTING PRESIDENT BAILEY: Does the
20 sponsor yield?
21 SENATOR RAMOS: Yes.
22 ACTING PRESIDENT BAILEY: The
23 sponsor yields.
24 SENATOR RANZENHOFER: So is the
25 sponsor aware that this body set a minimum wage a
6922
1 few years ago? And does the sponsor feel that it
2 was inappropriate for us as legislators, being a
3 political body, to do that?
4 SENATOR RAMOS: No, I don't believe
5 that it's inappropriate for a minimum wage to be
6 set by a legislative body.
7 SENATOR RANZENHOFER: And just --
8 if the sponsor would continue to yield.
9 ACTING PRESIDENT BAILEY: Does the
10 sponsor yield?
11 SENATOR RAMOS: Yes.
12 ACTING PRESIDENT BAILEY: The
13 sponsor yields.
14 SENATOR RANZENHOFER: In talking
15 about the collective bargaining aspects of this,
16 can the sponsor tell me the rationale behind the
17 secret ballot portion of the bill, as opposed
18 to -- or actually a lack of a secret ballot which
19 would protect, actually, workers and employers?
20 SENATOR RAMOS: Mr. President,
21 traditionally in union organizing we've
22 experienced places where employers have
23 essentially coerced workers into rooms to watch
24 anti-union propaganda while they're getting paid
25 for it.
6923
1 Employers have much more capital on
2 hand than employees to campaign against the
3 organizating of workers. And the concept of card
4 check neutrality, which is what this bill
5 upholds, recognizes that upon every worker
6 signing a card and saying that they are indeed
7 interested in being a member of a union, that the
8 farmer will have to recognize them as a
9 collective bargaining unit.
10 SENATOR RANZENHOFER: If the
11 sponsor will yield.
12 ACTING PRESIDENT BAILEY: Does the
13 sponsor yield for a question?
14 SENATOR RAMOS: Yes.
15 ACTING PRESIDENT BAILEY: The
16 sponsor yields.
17 SENATOR RANZENHOFER: And does the
18 sponsor feel that there would be any pressure
19 whatsoever from the union organizer that the
20 worker might want to be protected from?
21 SENATOR RAMOS: I'm sorry, can you
22 repeat the question?
23 SENATOR RANZENHOFER: Sure. Does
24 the sponsor feel, do you feel that there might be
25 any pressure from the union organizer on the
6924
1 person who -- on the employee, the farmworker, so
2 that the farmworker should be protected from
3 influence from somebody trying to organize if
4 they don't want to join a union?
5 SENATOR RAMOS: Perhaps,
6 Mr. President. The idea is for organizers to
7 educate workers as to their rights. And in this
8 particular industry where English is not very
9 often the workers' first language, whether it be
10 Spanish or Mixteco or, you know, Jamaican patois
11 or Haitian Creole, which is what our H-2A visa
12 workers speak -- the fact of the matter is that
13 they need to understand what their rights are as
14 employees or not. And more often than not, that
15 is not information that comes from the employer,
16 it comes from people who do the work of
17 advocating for these workers and ensuring that
18 they can stand up for themselves.
19 SENATOR RANZENHOFER: If the
20 sponsor will yield.
21 ACTING PRESIDENT BAILEY: Will the
22 sponsor yield?
23 SENATOR RAMOS: Yes.
24 ACTING PRESIDENT BAILEY: The
25 sponsor yields.
6925
1 SENATOR RANZENHOFER: Did the
2 sponsor take into consideration the fact that
3 many if not most farmworkers receive money for
4 housing and utilities and health insurance and
5 retirement accounts? Is that taken into account
6 in establishing how much a worker can make?
7 SENATOR RAMOS: Mr. President, that
8 is taken into account. But I would like to note
9 that most farmworkers do not receive any of those
10 benefits. H-2A visa workers do receive lodging
11 because it is the law.
12 SENATOR RANZENHOFER: And if the
13 sponsor will yield for one more question.
14 ACTING PRESIDENT BAILEY: Will the
15 sponsor yield?
16 SENATOR RAMOS: Yes.
17 ACTING PRESIDENT BAILEY: The
18 sponsor yields.
19 SENATOR RANZENHOFER: So if the
20 sponsor is aware that some don't receive and some
21 do receive, how is that distinguished in the bill
22 in terms of how much a farmworker can make for
23 those that receive benefits and those that don't?
24 SENATOR RAMOS: Mr. President, it's
25 not distinguished in the bill. What the bill
6926
1 does do as it pertains to housing is expand the
2 code to cover more workers.
3 SENATOR RANZENHOFER: On the bill.
4 ACTING PRESIDENT BAILEY: Senator
5 Ranzenhofer on the bill.
6 SENATOR RANZENHOFER: First of all,
7 I'd just like to thank the sponsor for answering
8 some of the questions and also for taking the
9 time to visit my district and to speak with some
10 of the farmworkers there.
11 I'm also a little bit disappointed,
12 or maybe a lot disappointed, that there was not a
13 more formal hearing in my district. In fact,
14 there wasn't a hearing anywhere near my district,
15 which I think would have been helpful as we move
16 forward with this bill.
17 The thing that most concerns me when
18 we are talking about this particular bill is that
19 I think a lot of people have heard a lot of
20 information about what's important to the
21 farmworkers, because that is the stated purpose
22 of this bill, is to help farmworkers. Because we
23 know it doesn't help farmers.
24 But what I really believe is that
25 while a lot of information was gathered and you
6927
1 heard a lot of information, that you really did
2 not listen to the farmworkers who are supposedly
3 the beneficiaries of this bill. And there's a
4 very clear distinction between hearing and
5 listening. Hearing that means that you take in
6 the information and, okay, I heard what you had
7 to say. But listening means then crafting a bill
8 which addresses those concerns.
9 And this particular bill really does
10 not address the most important concern that was
11 raised by my constituents, being both farmers and
12 farmworkers, and that is that this will then
13 limit the amount of money that they can earn to
14 support their family and put food on the table.
15 So one of the things that happened
16 as we were travelling around -- and actually I
17 think this sheet of paper was given to me at a
18 forum that we held when Senator Ramos was in my
19 district. It was held before the tour of the
20 farm, and we had a very interesting conversation.
21 But I got a lot of these sheets throughout my
22 travels throughout the district of what it would
23 mean to my family. Okay? A worker would say,
24 This is what it means to my family. This is what
25 I would make right now, this is what I can make
6928
1 right now, but if we impose this legislation,
2 this is what I will be able to make.
3 And there -- I don't want to say
4 there were hundreds of those, but there were
5 certainly dozens of these farmworkers that came
6 up to me and told me this is their story, this is
7 what happens to them when you limit the number of
8 hours that you can work. And some of the people
9 are actually happy, you know, some of the people
10 want to work, you know, 50 hours, some of the
11 people want to work 60 hours, and that's all well
12 and good. But there are a lot of workers,
13 whether they be H-2A workers or other workers
14 that live in my district, that want to work more.
15 Because in my community, many people do work two
16 or three jobs. And they'll work 30 hours at one
17 job, they'll work 20 hours at another job, and
18 they'll work 20 hours at another job. And
19 they're allowed to do that. And they have to do
20 that because very often they can't get a
21 full-time job at one particular place.
22 But people at my district work hard,
23 and they like to work hard, because they have a
24 real incentive. And that is they want to provide
25 for their families. Under the existing structure
6929
1 that we have right now, a farmworker is able to
2 do that by working at one employer. They can
3 work at one place, it's easier for them, they go
4 to one place and they work as many hours as they
5 want, and they can make as much money as they
6 want, whether they're here for a few months or
7 they're here all year round.
8 So now you've disrupted their lives
9 because they're going to be limited to the number
10 of hours that they can work for one employer. So
11 what you've done now, and what this bill does, is
12 say, Well, okay, I'm still going to work more,
13 but now you've inconvenienced me, you've
14 inconvenienced my family. Now I have to go out
15 and look for another job to see how can I make up
16 for the money that I've lost as a result of this
17 bill.
18 And that, for me, is what this boils
19 down to, is you are not -- you are putting
20 government over the individual to be able to make
21 the choice of how many hours do I as a farmworker
22 want to make. I know what my health is, I know
23 what I want to do, I know what's best for my
24 family, but now somebody else is coming in and
25 saying, Well, no, I know better. So instead of
6930
1 being able to work 70 hours a week for Farm ABC,
2 they now have to work 60 hours, if they're able
3 to get the 60 hours and now I've got to go
4 somewhere else to try to make that extra money.
5 It's disruptive to their lives.
6 Farmworkers do not feel that it's fair to them.
7 In my community they feel that somebody has come
8 out -- come in from another community and really
9 done something that they don't want done.
10 The farmers, they have their own
11 position. They have their own position. They
12 don't like this, and we've discussed that and we
13 all know the arguments of why farmers don't like
14 it.
15 But farmworkers don't like this
16 bill. And they don't like this bill because it
17 takes money out of their family and it makes it
18 more inconvenient and harder for them to support
19 their family.
20 So I appreciate the opportunity,
21 again, for the sponsor to engage in some dialogue
22 on this bill and look forward to hearing the rest
23 of the debate and then casting my vote.
24 I hope that some of the other people
25 in this chamber have not just heard what we've
6931
1 had to say but have actually listened to what we
2 have to say. Because I can tell you I don't
3 think my district is unlike others in this
4 chamber where someone comes into your community,
5 to your district, and says this is how I want you
6 to lead your life -- not leaving it to you to
7 make that decision, not leaving it to your family
8 to be able to make important decisions like that
9 for them and their families.
10 Thank you, Mr. President.
11 ACTING PRESIDENT BAILEY:
12 Senator Rivera on the bill.
13 SENATOR RIVERA: Thank you,
14 Mr. President. On the bill.
15 First I thank -- I want to just say,
16 Mr. President, that I'm thankful that there is --
17 there's people that are here to explain to a
18 Senator what she actually meant. I'm glad that
19 people are here to tell us the difference, to
20 explain or should I say manplain to one of our
21 colleagues the difference between hearing and
22 listening, et cetera. I'm glad that we have
23 that, Mr. President.
24 I actually want to thank and give a
25 lot of credit to the listening and the hearing
6932
1 that Senator Ramos did. Because the fact is,
2 Mr. President, that she did the work. She went
3 around the state listening and hearing very
4 closely, and recognizing that the piece of
5 legislation that we have before us is not perfect
6 for anyone. It is certainly not perfect for
7 farmers, and it is not perfect for farmworkers.
8 It is not perfect for those of us that care about
9 workers' rights. It is not perfect for those of
10 us who also care about the income of farmers or
11 stability of farmers. So it is not a perfect
12 bill.
13 But what it does, Mr. President, is
14 it reaches a compromise because we start with the
15 concept not of the good actors -- now, I heard
16 one of my colleagues talking about how some of
17 these workers are kind of members of the family
18 of the farmers. And I had the opportunity --
19 certainly not to travel as much or do as much
20 work as Senator Ramos, because she outpaced all
21 of us in this regard. But I talked with farmers
22 who did tell me about that, tell me about how
23 certain members of their workforce are like
24 members of their family.
25 And I would tell you, Mr. President,
6933
1 and every one of my colleagues, those are not the
2 folks I'm concerned about. What I'm concerned
3 about are the bad actors who treat their workers
4 worse than some of the cattle that they might
5 have on their own farm.
6 And so there's a compromise that
7 needs to be reached here. We have to remember
8 the history. And she is no longer here at this
9 moment, Mr. President, but Senator Diane Savino
10 gave us a history lesson of where this came from,
11 how were these class of workers completely left
12 out of protections which are basic to every
13 single person in every single type of work,
14 Mr. President. There's a history here that we
15 can't ignore.
16 And so what we're trying to do is
17 we're trying to protect those workers while also
18 recognizing -- and I listened and heard as the
19 sponsor more than a few times laid out the fact
20 that she recognizes that farm work is different
21 than other types of work. It is not office work.
22 She said it over and over again because she
23 recognizes it because she saw it as she traveled
24 around the state.
25 And you would remember that the
6934
1 original bill had 40 hours and she -- as she has
2 pointed out -- also moved up to 60 in a
3 recognition -- oh, don't worry, dude. Go
4 ahead and time me. I'm going to be done in a
5 couple of minutes. It's all good. But yeah, we
6 that do that. We should time each other. I got
7 no problem, Lanza.
8 So bottom line, ladies and
9 gentlemen, this is about protecting workers but
10 it is with the recognition that there are bad
11 actors out there. We want to make sure that we
12 have a compromise bill that can also take into
13 account the difference between office work, the
14 work that we might do in this chamber, the work
15 that workers might do all around the country or
16 the state, and the work that is done on the
17 fields. We have that. We want to make sure that
18 we stop exploitation. And we need to do it in a
19 compromise bill. And it is a difficult balance
20 to strike.
21 But I sincerely thank the sponsor as
22 well as Senator Metzger, who worked very closely
23 with her on this. And the fact is that the work
24 was done, the compromise has been reached. It is
25 not perfect, Mr. President, but it is certainly
6935
1 something that is going to be historic. Which is
2 something that we've been doing all of this
3 session.
4 So I will be voting in the
5 affirmative. Thank you, Mr. President.
6 Oh, how long? How long?
7 SENATOR LANZA: Great job.
8 SENATOR RIVERA: Thank you.
9 ACTING PRESIDENT BAILEY: Senator
10 O'Mara.
11 SENATOR O'MARA: Thank you,
12 Mr. President. Will the sponsor yield for a
13 couple of questions?
14 SENATOR RAMOS: Absolutely.
15 ACTING PRESIDENT BAILEY: Will the
16 sponsor yield? The sponsor yields.
17 SENATOR O'MARA: Pertaining to the
18 one day of rest a week, the 24-hour rule, the day
19 off, that worker, farm laborer, can choose to
20 work on that day off if they so choose, the
21 seventh day of the week, and the farm employer is
22 required to pay time and a half, at least,
23 overtime wages, correct?
24 SENATOR RAMOS: That is correct.
25 And now that they'll have driver's licenses,
6936
1 they'll also be able to choose to go to church,
2 visit relatives, and just enjoy the New York
3 countryside.
4 SENATOR O'MARA: That would be
5 great. But they can already use their foreign
6 license from the country they came from.
7 ACTING PRESIDENT BAILEY: Senator
8 O'Mara, are you the sponsor to yield?
9 SENATOR O'MARA: Mr. President,
10 will the sponsor yield?
11 ACTING PRESIDENT BAILEY: Does the
12 sponsor yield?
13 SENATOR RAMOS: Yes.
14 SENATOR O'MARA: So if that -- you
15 know, we have the old adage in agriculture that
16 you've got to make hay while the sun is shining.
17 So agriculture is very weather-dependent. And
18 say given during the course of a week a
19 farmworker, because of the weather, is only able
20 to work four or five hours a day for those six
21 days and has therefore only worked 24 to 30 hours
22 in that week, they haven't reached the 60-hour
23 threshold. They still cannot choose to work on
24 their day off without the farmer having to pay
25 them time and a half, correct?
6937
1 SENATOR RAMOS: Correct. But there
2 is a provision in the bill that states that if
3 the worker wasn't able to work that day because
4 of inclement weather, that can count as their day
5 of rest.
6 SENATOR O'MARA: But if they work
7 any hour -- through you, Mr. President.
8 ACTING PRESIDENT BAILEY: Does the
9 sponsor yield?
10 SENATOR RAMOS: Yes.
11 SENATOR O'MARA: But the way I read
12 it, if they work any hours during that day before
13 getting rained out or frozen out or whatever,
14 that does not count as their day off, right?
15 SENATOR RAMOS: Yes, Mr. President.
16 SENATOR O'MARA: Okay. So through
17 you, Mr. President, if the sponsor will yield.
18 ACTING PRESIDENT BAILEY: Does the
19 sponsor yield for a question?
20 SENATOR RAMOS: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR O'MARA: So the farm
24 laborer that gets rained out or whatever for a
25 number of days that week comes to his boss on the
6938
1 seventh day and says, Jeez, boss, I only got
2 30 hours of work this week, I really need to work
3 today. And the farm boss is going to say, Well,
4 I'd love to have you work, Charlie, but I can't
5 afford to pay you time and a half, so you can't
6 work here today.
7 Is that correct, under this law?
8 SENATOR RAMOS: Mr. President, if
9 they already had, under that scenario, their
10 24 hours of rest, well, then they've already
11 complied with that and it's not about overtime
12 pay.
13 SENATOR O'MARA: Through you,
14 Mr. President. That was not my scenario. My
15 scenario was they worked for six days, partial
16 days, only accumulated a total of 24 to 30 hours
17 in that week, now they can't work the seventh day
18 without getting paid time and a half.
19 SENATOR RAMOS: That is correct.
20 And so what I added was that if within those
21 hours there was 24 consecutive hours off, then
22 that would count as their day off.
23 SENATOR O'MARA: Okay. Through
24 you, Mr. President.
25 ACTING PRESIDENT BAILEY: Are you
6939
1 asking if the sponsor -- will the sponsor yield?
2 SENATOR O'MARA: Will the sponsor
3 yield?
4 SENATOR RAMOS: Yes.
5 ACTING PRESIDENT BAILEY: The
6 sponsor yields.
7 SENATOR O'MARA: I guess I can see
8 that happening under certain circumstances. But
9 if it doesn't happen that way and the farmer says
10 I'm not going to pay you overtime on Day 7, that
11 farm laborer doesn't get to work that day to get
12 paid. At least at that farm.
13 SENATOR RAMOS: That's correct.
14 SENATOR O'MARA: Now, let's go to
15 the -- through you, Mr. President --
16 ACTING PRESIDENT BAILEY: Senator
17 O'Mara, are you asking the sponsor to yield?
18 SENATOR O'MARA: -- if the sponsor
19 will still yield.
20 ACTING PRESIDENT BAILEY: Will the
21 sponsor yield?
22 SENATOR RAMOS: Yes.
23 ACTING PRESIDENT BAILEY: The
24 sponsor yields.
25 SENATOR O'MARA: The prior Senator
6940
1 had mentioned housing costs for farm laborers --
2 or housing being provided and other amenities or
3 benefits. Under this bill that you have, is
4 there anything that would preclude the farmer
5 from charging the farm laborer for that housing
6 or other benefits?
7 SENATOR RAMOS: No, Mr. President,
8 the bill does not address that.
9 SENATOR O'MARA: Through you,
10 Mr. President, if the sponsor will yield.
11 ACTING PRESIDENT BAILEY: Will the
12 sponsor yield?
13 SENATOR RAMOS: Yes.
14 ACTING PRESIDENT BAILEY: The
15 sponsor yields.
16 SENATOR O'MARA: Let's talk about
17 the wage board for a minute. The wage board is
18 made up of three individuals. Who appoints those
19 three individuals?
20 SENATOR RAMOS: Again, just like
21 the first time this question was asked, the
22 Farm Bureau or the employers would determine who
23 their representative is. That's one person. The
24 other person would be determined by the AFL-CIO,
25 the workers. And the third person would be
6941
1 determined by the Commissioner of Labor, in
2 consultation with the Commissioner of Agriculture
3 and Markets.
4 SENATOR O'MARA: Through you,
5 Mr. President, if the sponsor will yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR RAMOS: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR O'MARA: So the Legislature
12 has no role of confirming any one of the three
13 members to this commission.
14 SENATOR RAMOS: That is correct,
15 Mr. President.
16 SENATOR O'MARA: Through you,
17 Mr. President, if the sponsor will yield.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor yield?
20 SENATOR RAMOS: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR O'MARA: Under the wage
24 board section, as I read it, the wage board has
25 to meet by March 1st of 2020.
6942
1 SENATOR RAMOS: That is correct,
2 Mr. President.
3 SENATOR O'MARA: Through you,
4 Mr. President.
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield for another question?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR O'MARA: This law takes
11 effect January 1, 2020, so two months before that
12 date, correct?
13 SENATOR RAMOS: That is correct,
14 Mr. President.
15 SENATOR O'MARA: Through you,
16 Mr. President, if the sponsor will yield.
17 ACTING PRESIDENT BAILEY: Will the
18 sponsor yield?
19 SENATOR RAMOS: Yes.
20 ACTING PRESIDENT BAILEY: The
21 Senator yields.
22 SENATOR O'MARA: The wage board is
23 required to hold public hearings no later than
24 the first one being 45 days after the wage board
25 is convened, correct?
6943
1 SENATOR RAMOS: That is correct,
2 Mr. President.
3 SENATOR O'MARA: And they have to
4 report -- through you, Mr. President, if the
5 sponsor will yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR RAMOS: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR O'MARA: And the wage board
12 has to do a report by December 31, 2020, but if
13 they get their work done earlier, they could
14 report earlier, correct?
15 SENATOR RAMOS: If they so choose,
16 Mr. President.
17 SENATOR O'MARA: And then --
18 through you, Mr. President.
19 ACTING PRESIDENT BAILEY: Will the
20 sponsor yield?
21 SENATOR RAMOS: Yes.
22 ACTING PRESIDENT BAILEY: The
23 sponsor yields.
24 SENATOR O'MARA: When the wage
25 board reports back to the Commissioner of Labor,
6944
1 the Commissioner of Labor shall immediately
2 implement the recommendations of that wage board;
3 correct?
4 SENATOR RAMOS: Mr. President,
5 nowhere in the bill does it say immediately.
6 SENATOR O'MARA: Through you,
7 Mr. President.
8 ACTING PRESIDENT BAILEY: Will the
9 sponsor yield for a question?
10 SENATOR RAMOS: Yes.
11 ACTING PRESIDENT BAILEY: The
12 sponsor yields.
13 SENATOR O'MARA: The language does
14 state that the commissioner shall comply with the
15 report, though, correct? Even though it doesn't
16 say immediately.
17 SENATOR RAMOS: Okay. Was that a
18 question or statement? I'm sorry, I don't know
19 what that was.
20 ACTING PRESIDENT BAILEY:
21 {Inaudible.}
22 SENATOR O'MARA: It was a question.
23 So the commissioner is required to follow the
24 recommendations of the wage board once they're
25 received, although it doesn't say immediately.
6945
1 SENATOR RAMOS: That is correct,
2 Mr. President.
3 SENATOR O'MARA: So in essence,
4 since this board -- through you, Mr. President,
5 if the sponsor will yield.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield?
8 SENATOR RAMOS: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR O'MARA: This wage board,
12 if it's appointed timely -- which is a long shot
13 around here -- and it has to meet by March 1,
14 2020 and it has to have public hearings in 45
15 days from when they were first appointed. So
16 45 days, if they're there on January 1st, would
17 be about the middle of February. They could have
18 completed their work and issued a report by the
19 end of February to the Commissioner of Labor if
20 they do this very quickly, correct?
21 SENATOR RAMOS: If they choose,
22 Mr. President.
23 SENATOR O'MARA: And in that
24 case -- through you, Mr. President, will the
25 sponsor yield?
6946
1 ACTING PRESIDENT BAILEY: Will the
2 sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BAILEY: The
5 sponsor yields.
6 SENATOR HELMING: Then the
7 commissioner of Labor, around late February,
8 under this timing scenario, could completely undo
9 what's set forth in this law that we're doing
10 here now. It could lower the 60 hours to
11 40 hours; correct?
12 SENATOR RAMOS: I'm so sorry, if
13 the Senator could repeat his question.
14 SENATOR O'MARA: Gladly.
15 ACTING PRESIDENT BAILEY: Please
16 repeat your question.
17 SENATOR O'MARA: So if they do
18 their report expeditiously and they issue a
19 report by the end of February 2020 that goes to
20 the commissioner, and the commissioner has to
21 follow those recommendations -- albeit not
22 immediately, but if he chooses to do so, or she
23 chooses to do so -- and the wage board recommends
24 that the hours should be 40 hours rather than 60
25 before overtime kicks in, that would go into
6947
1 effect, say, in March of 2020.
2 SENATOR RAMOS: I believe that the
3 board would have to determine when the new
4 threshold would have to go into effect based on
5 the indicators that they've analyzed.
6 But again, this would be a very
7 unprecedented thing. The way wage boards have
8 traditionally worked, they've provided very
9 thorough analysis and made recommendations that
10 are smart and responsible.
11 SENATOR O'MARA: Through you,
12 Mr. President.
13 ACTING PRESIDENT BAILEY: Will the
14 sponsor yield for a question?
15 SENATOR RAMOS: Sure.
16 ACTING PRESIDENT BAILEY: The
17 sponsor yields.
18 SENATOR O'MARA: I would certainly
19 agree with you that that's certainly the way
20 things usually work around here, because nothing
21 gets done timely. But under the scenario I've
22 laid out, it could happen and the wage board
23 could recommend that the threshold is 40 hours
24 for overtime before the end of February in 2020.
25 SENATOR RAMOS: They could,
6948
1 Mr. President.
2 SENATOR O'MARA: Now -- if the
3 sponsor will yield.
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR RAMOS: Yes.
7 ACTING PRESIDENT BAILEY: The
8 sponsor yields.
9 SENATOR O'MARA: Now, Section 6 on
10 page 11 indicates that the wage board shall
11 consider existing overtime rates in similarly
12 situated industries in New York State.
13 Can the sponsor tell us what your
14 intent is and what other similarly situated
15 industries are in New York State?
16 SENATOR RAMOS: Mr. President, the
17 purpose of the board is to determine exactly
18 that.
19 SENATOR O'MARA: Through you,
20 Mr. President.
21 ACTING PRESIDENT BAILEY: Will the
22 sponsor yield for a question?
23 SENATOR RAMOS: Yes.
24 ACTING PRESIDENT BAILEY: The
25 sponsor yields.
6949
1 SENATOR O'MARA: Can you provide me
2 any examples of similarly situated industries in
3 New York State?
4 SENATOR RAMOS: We needed a
5 mechanism, Mr. President, recognizing how unique
6 the farm industry is, and that's why we've
7 decided to proceed this way.
8 SENATOR O'MARA: Through you,
9 Mr. President.
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor yield for a question?
12 SENATOR RAMOS: Yes.
13 ACTING PRESIDENT BAILEY: The
14 sponsor yields.
15 SENATOR O'MARA: So is it your
16 opinion, then, that the farming and agricultural
17 industry in New York is so unique that there are
18 not other similarly situated industries in
19 New York State?
20 SENATOR RAMOS: Mr. President,
21 yeah, I believe that farm work is very different
22 than a lot of other work. I mean, maybe it's
23 comparable, especially as -- in regards to the
24 toll it takes on your body physically, to
25 construction work, somewhat. But it's a
6950
1 different industry with different -- much more
2 wealthier employers and in that way is not really
3 comparable to the agricultural industry.
4 SENATOR O'MARA: Through you,
5 Mr. President.
6 ACTING PRESIDENT BAILEY: Will the
7 sponsor yield for a question?
8 SENATOR RAMOS: Yes.
9 ACTING PRESIDENT BAILEY: The
10 sponsor yields.
11 SENATOR O'MARA: Senator, that is
12 my point, that farming is unique, that it doesn't
13 line up with any other similar industries, and
14 that's why it's been treated differently for as
15 long as it has and why it's been treated
16 specially. And the uniqueness and the burdens to
17 the farmer, the farm owner and the industry
18 dictates that sometimes normal hours don't fit in
19 the farming schedule. Would you agree?
20 SENATOR RAMOS: Mr. President, I
21 would beg to differ.
22 I would say that the reason that
23 farmworkers were carved out of the New York State
24 Constitution and aren't afforded many labor
25 rights in comparison to other workers is because
6951
1 when our constitution was written, most
2 farmworkers were black. So I would argue that
3 the reason why these workers have been carved out
4 traditionally, and even in the New Deal, I would
5 argue, when there was still a lot of
6 sharecroppers, is because of racism.
7 SENATOR O'MARA: If the sponsor
8 will yield.
9 ACTING PRESIDENT BAILEY: Will the
10 sponsor yield for a question?
11 SENATOR RAMOS: Yes.
12 SENATOR O'MARA: On the wage board
13 recommendations, can the wage board come back and
14 recommend less than 40 hours requiring overtime
15 to be paid to the farm laborer?
16 SENATOR RAMOS: Mr. President, that
17 is not outlined in the bill. So in theory, yes,
18 it's possible, but not probable.
19 SENATOR O'MARA: On the bill,
20 Mr. President.
21 ACTING PRESIDENT BAILEY: Senator
22 O'Mara on the bill.
23 SENATOR O'MARA: Mr. President,
24 this legislation is nothing more than a sham, an
25 affront to cover up changing an entire industry
6952
1 through a wage board set up by this body that we
2 have no control over, no say over, no ability to
3 check and change what they come up with. We are
4 stuck with what the wage board comes up with.
5 And as these boards are put together, we know
6 that the deck is stacked against business and
7 against that farm owner.
8 This is another example of us
9 passing the buck here and not making the tough
10 decisions ourself. You know, two years ago the
11 Legislature passed a legislative pay commission
12 because we didn't have the balls to pass a raise
13 for ourself. And we're living with the result of
14 that now.
15 Then this year we created two more
16 commissions, one for congestion pricing or a
17 commuter tax on taxpayers in New York City that
18 will put burdens on New York City workers and
19 residents -- to what level, we don't know. But
20 we know from track records it will not be good.
21 We have set forth another commission
22 to set up taxpayer-financed campaigns because
23 this body didn't have the guts to make the
24 decision of what that should be or not be. We
25 will pay the price for that at well over
6953
1 $200 million a year.
2 Now we pass the buck because we
3 can't make a tough choice on how to treat
4 farmworkers the way they've traditionally
5 operated the farm industry in New York State -- I
6 would argue the most important industry in
7 New York State, the most basic and necessary
8 industry in New York State. And we stand today
9 taking action that will crush, potentially, this
10 industry in New York State.
11 Thank you, Mr. President.
12 ACTING PRESIDENT BAILEY: Senator
13 Ritchie.
14 SENATOR RICHIE: Thank you,
15 Mr. President. Would the sponsor yield for a few
16 questions?
17 ACTING PRESIDENT BAILEY: Does the
18 sponsor yield?
19 SENATOR RAMOS: Yes.
20 ACTING PRESIDENT BAILEY: The
21 sponsor yields.
22 SENATOR RITCHIE: Senator Ramos, can
23 you --
24 SENATOR RAMOS: Rah-mos.
25 SENATOR RITCHIE: -- Rah-mos, can
6954
1 you once again explain to me the wage board? It
2 is a representative of the AFL-CIO, Farm Bureau,
3 and someone who is picked by the Department of
4 Labor?
5 SENATOR RAMOS: Mr. President, by
6 the Commissioner of Labor in consultation with
7 the Commissioner of Agriculture and Markets.
8 SENATOR RITCHIE: Will the sponsor
9 continue to yield?
10 ACTING PRESIDENT BAILEY: Will the
11 sponsor yield?
12 SENATOR RAMOS: Yes.
13 ACTING PRESIDENT BAILEY: The
14 sponsor yields.
15 SENATOR RITCHIE: Earlier the
16 question was asked why the Commissioner of Ag &
17 Markets was not picked given his familiarity with
18 the ag industry. Could you explain why the
19 Commissioner of Ag & Markets wasn't the designee
20 instead of the Department of Labor?
21 SENATOR RAMOS: Mr. President,
22 the -- by law, the Department of Labor has to be
23 the -- has to provide oversight by the wage
24 board. But this is exactly why we wanted to make
25 sure that we worked into the bill that it would
6955
1 be done in consultation with the Commissioner of
2 Ag & Markets.
3 SENATOR RITCHIE: Will the sponsor
4 continue to yield?
5 ACTING PRESIDENT BAILEY: Will the
6 sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BAILEY: The
9 sponsor yields.
10 SENATOR RITCHIE: Can you explain
11 why you wouldn't have added a fourth member or
12 even a fifth member, if you were afraid of a tie,
13 by including the commissioner of Ag & Markets?
14 SENATOR RAMOS: Mr. President, the
15 whole idea behind having an odd number on a panel
16 is to be able to arrive at a decision. So even
17 if you think about a five-person panel, if each
18 commissioner is giving two people, well, then
19 you're just exponentially growing the panel to
20 many more parties that might not necessarily be
21 the environment that's most conducive to a
22 decision.
23 SENATOR RITCHIE: Will the sponsor
24 continue to yield?
25 ACTING PRESIDENT BAILEY: Will the
6956
1 sponsor yield?
2 SENATOR RAMOS: Yes.
3 ACTING PRESIDENT BAILEY: The
4 sponsor yields.
5 SENATOR RITCHIE: Do you not think
6 it's problematic, though, that -- earlier you
7 said a quorum is two out of a three and that the
8 Labor Department has already come out and said
9 they support this bill, that technically somebody
10 who's on record as supporting the bill and also
11 the AFL-CIO representative would be the only two
12 that may have -- that may vote?
13 SENATOR RAMOS: No, Mr. President.
14 Because again, the Farm Bureau is also on the
15 board, and the commissioner of Ag & Markets is
16 able to consult with the Department of Labor
17 commissioner to determine who their pick is.
18 SENATOR RITCHIE: If the sponsor
19 would continue to yield.
20 ACTING PRESIDENT BAILEY: Does the
21 sponsor yield?
22 SENATOR RAMOS: Yes.
23 ACTING PRESIDENT BAILEY: The
24 sponsor yields.
25 SENATOR RITCHIE: But to clarify,
6957
1 the representative from the AFL-CIO and the
2 representative from the Department of Labor can
3 act separately and make a decision, since it only
4 takes two out of three, to agree with the wage
5 board decision.
6 SENATOR RAMOS: Mr. President, not
7 necessarily. Because the Department of Labor
8 person will have been chosen in consultation with
9 the Commissioner of Ag & Markets.
10 SENATOR RITCHIE: If the sponsor
11 would continue to yield.
12 ACTING PRESIDENT BAILEY: Does the
13 sponsor yield?
14 SENATOR RAMOS: Yes.
15 ACTING PRESIDENT BAILEY: The
16 sponsor yields.
17 SENATOR RITCHIE: I'm assuming,
18 since the representative from the Department of
19 Labor is the lead, and only in consultation with
20 Ag & Markets, if there's a disagreement between
21 the two, the Department of Labor is going to take
22 precedence and she -- and the department has
23 already come out in support of this bill.
24 SENATOR RAMOS: Okay,
25 Mr. President.
6958
1 SENATOR RITCHIE: If the sponsor
2 would continue to yield.
3 ACTING PRESIDENT BAILEY: Will the
4 sponsor yield?
5 SENATOR RAMOS: Yes.
6 ACTING PRESIDENT BAILEY: The
7 sponsor yields.
8 SENATOR RITCHIE: Do you not see
9 that as the deck being stacked against them?
10 SENATOR RAMOS: No, Mr. President.
11 SENATOR RITCHIE: If the sponsor
12 yield would continue to yield.
13 ACTING PRESIDENT BAILEY: Will the
14 sponsor yield?
15 SENATOR RAMOS: Yes.
16 ACTING PRESIDENT BAILEY: The
17 sponsor yields.
18 SENATOR RITCHIE: If you were
19 representing one of your labor groups and you
20 came in and you saw that two out of three votes
21 would make the decision and two parties had
22 already come out in support of what you were
23 against, would you not think the deck was stacked
24 against you at that point?
25 SENATOR RAMOS: Mr. President, I
6959
1 believe the entire economy is rigged in favor of
2 rich people and employers and big business in
3 general. So yes, I would want to make sure that
4 if a wage board is to protect a class of workers,
5 that the workers' best interests will be
6 represented on said board.
7 SENATOR RITCHIE: If the sponsor
8 would continue to yield.
9 ACTING PRESIDENT BAILEY: Will the
10 sponsor yield?
11 SENATOR RAMOS: Yes.
12 ACTING PRESIDENT BAILEY: The
13 sponsor yields.
14 SENATOR RITCHIE: I certainly
15 appreciate your sentiment. And I'm certainly not
16 here advocating for mistreatment of workers. I
17 have, in 2017, 2,657 farms in my district. And I
18 am neighbors with a lot of them. And there's bad
19 actors like there are in every profession. But
20 I've never been to a farm that I've talked with a
21 worker, even candidly, where there's been an
22 issue.
23 So I understand where you're coming
24 from, but I'm looking to make sure that our farms
25 have an equal footing, that this is a fair
6960
1 process. And given the fact that the Department
2 of Labor has already said they supported this
3 bill, AFL-CIO is the other member, and Farm
4 Bureau is the odd man out, it looks like the
5 decision's already been made because it's already
6 two to one.
7 So do you believe this process is
8 fair?
9 SENATOR RAMOS: Mr. President, I
10 do. Because the decisionmakers are basing their
11 analysis on real economic indicators. And these
12 are the very same people, the very same
13 stakeholders that were -- that came to the table
14 in order to produce this bill. I mean, you
15 yourselves across the aisle said that the
16 Farm Bureau only released their memo of
17 opposition until this morning. So would then, by
18 that definition, you feel that they're not an
19 accurate representation of farmers?
20 SENATOR RITCHIE: If the sponsor
21 would continue to yield.
22 ACTING PRESIDENT BAILEY: Will the
23 sponsor yield?
24 SENATOR RAMOS: Yes.
25 ACTING PRESIDENT BAILEY: The
6961
1 sponsor yields.
2 SENATOR RITCHIE: You just
3 referenced the economic viability of this whole
4 situation. So I would ask, does the sponsor
5 realize that 2,000 farms in New York State in the
6 last five years have closed their doors, 500 of
7 which were dairy, which is triple the average?
8 SENATOR RAMOS: Yes, Mr. President.
9 SENATOR RITCHIE: Will the sponsor
10 continue to yield?
11 ACTING PRESIDENT BAILEY: Will the
12 sponsor yield?
13 SENATOR RAMOS: Yes.
14 ACTING PRESIDENT BAILEY: The
15 sponsor yields.
16 SENATOR RITCHIE: Does the
17 sponsor -- what does the sponsor think the reason
18 for that is?
19 SENATOR RAMOS: Well,
20 Mr. President, quite frankly I believe that there
21 is a huge decrease in consumer -- in the
22 consumption of milk. I understand from the dairy
23 farms that I visited that a lot of the milk that
24 we produce ends up going towards cottage cheese
25 and yogurt and cheeses and things like that.
6962
1 Those are becoming much more so the dairy
2 products.
3 But even though there are fewer
4 farms, the farms that produce dairy actually have
5 been growing. They have -- there might be fewer
6 farms, but there are more cows on them.
7 SENATOR RITCHIE: If the sponsor
8 would continue to yield.
9 ACTING PRESIDENT BAILEY: Will the
10 sponsor yield?
11 SENATOR RAMOS: Yes.
12 ACTING PRESIDENT BAILEY: The
13 sponsor yields.
14 SENATOR RITCHIE: And I would say
15 that most of those farms have closed their doors
16 because they couldn't survive financially because
17 the price of milk has been under the production
18 cost for almost -- well, since almost 2010 now.
19 So for many of those farms, they wanted to
20 continue to operate, but financially it was not
21 feasible.
22 So do you believe that this bill is
23 going to continue to make that situation worse?
24 SENATOR RAMOS: Mr. President, I
25 have great sympathy for the plight of farmers and
6963
1 I really do believe that the federal government,
2 and especially this current administration,
3 hasn't done much to help our farmers.
4 But that, to me, is not an excuse to
5 continue exploiting human beings, as the state
6 has been up until today.
7 SENATOR RITCHIE: If the sponsor
8 would continue to yield.
9 ACTING PRESIDENT BAILEY: Will the
10 sponsor yield?
11 SENATOR RAMOS: Yes.
12 ACTING PRESIDENT BAILEY: The
13 sponsor yields.
14 SENATOR RITCHIE: Well, first, I
15 guess for the record, I'd like to disagree with
16 you that we're exploiting the workers. Once
17 again, I'm sure there are cases, and those cases
18 should actually be taken care of.
19 But for all the farms that are in my
20 district that I visited, the farmworkers there
21 are happy. They want to work as many hours as
22 they can. And this is concerning for them as
23 much as for the farmers themselves.
24 Would the sponsor continue to yield?
25 ACTING PRESIDENT BAILEY: Does the
6964
1 sponsor yield?
2 SENATOR RAMOS: Yes, but I'd like
3 to respond to her point, if that's okay.
4 ACTING PRESIDENT BAILEY: Senator
5 Ramos to respond.
6 SENATOR RAMOS: The whole entire
7 purpose of this bill is to make sure that there
8 is no confusion as to how a farmworker should be
9 treated.
10 Look, in my travels and in the three
11 public hearings that we held, I too only came
12 across farmers who say that they've been doing
13 the right thing by their own volition. All I'm
14 saying is that it shouldn't be left up to the
15 farmworker's luck to come across a good employer.
16 SENATOR RITCHIE: If the sponsor
17 would continue to yield.
18 ACTING PRESIDENT BAILEY: Will the
19 sponsor yield?
20 SENATOR RAMOS: Yes.
21 ACTING PRESIDENT BAILEY: The
22 sponsor yields.
23 SENATOR RITCHIE: Senator, I know
24 that you're certainly concerned about suicide.
25 There's been your bill and a number of bills that
6965
1 have been passed. Do you know that for our
2 farmers it's the highest rate of suicide, five
3 times the average of the general public?
4 SENATOR RAMOS: Yes, Mr. President.
5 SENATOR RITCHIE: Will the sponsor
6 continue to yield?
7 ACTING PRESIDENT BAILEY: Will the
8 sponsor yield?
9 SENATOR RAMOS: Yes.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR RITCHIE: Would the Senator
13 care to guess what the reason is for that?
14 SENATOR RAMOS: I would imagine,
15 Mr. President, that they're worried about the
16 economics of their farm. And again, I have
17 sympathy for that. And I do believe that our
18 federal government has not necessarily treated
19 our agricultural industry in the right way.
20 But nevertheless, that is not an
21 excuse to ensure that you're making as much
22 profit as possible at the expense and sacrifice
23 of workers who also need to provide for their
24 families.
25 SENATOR RITCHIE: If the sponsor
6966
1 would continue to yield.
2 ACTING PRESIDENT BAILEY: Will the
3 sponsor yield?
4 SENATOR RAMOS: Yes.
5 ACTING PRESIDENT BAILEY: The
6 sponsor yields.
7 SENATOR RITCHIE: Could you just
8 clarify on the day of rest? And I -- for the
9 record, once again I want to say that I certainly
10 support that. It's something that I've always
11 supported. And any of the farm meetings that
12 I've had, they've always been in support of a day
13 of rest and, for any farm that I've been to,
14 allow that.
15 But could you just explain to me, on
16 the day of rest, if the farmworker volunteers to
17 work, is it mandated that they receive overtime?
18 SENATOR RAMOS: Mr. President, yes.
19 As previously discussed in another Senator's
20 question, yes, they would be paid time and a half
21 if they volunteer to work on their day off. And
22 the day off would be defined as 24 hours of
23 consecutive rest.
24 SENATOR RITCHIE: If the sponsor
25 would continue to yield.
6967
1 ACTING PRESIDENT BAILEY: Will the
2 sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BAILEY: The
5 Senator yields.
6 SENATOR RITCHIE: Would you assume
7 that this is going to hurt the bottom line for
8 the farm that's already struggling, perhaps
9 putting another farm or many farms out of
10 business? But at the same time, could it
11 actually harm the farmworker that you're trying
12 to protect? Because if a farmer is not -- is
13 just making it as it is and they have an
14 opportunity to have somebody work on the day that
15 was supposed to be their day of rest for time and
16 a half or ask somebody else to work, that
17 farmworker is not going to be the one that's
18 called to work that day, would you assume that?
19 SENATOR RAMOS: No, Mr. President.
20 In fact, one of the main complaints that I heard
21 from farmers in my travels is that we have a
22 labor shortage when it comes to farm work. And
23 so what I think will be a huge benefit of this
24 bill is that it will be much more attractive to
25 work on a farm because they'll know that their
6968
1 working conditions will be better.
2 SENATOR RITCHIE: Will the sponsor
3 continue to yield?
4 ACTING PRESIDENT BAILEY: Will the
5 sponsor yield?
6 SENATOR RITCHIE: I'm almost --
7 SENATOR RAMOS: Yes.
8 SENATOR RITCHIE: I'll wrap up here
9 in a moment.
10 ACTING PRESIDENT BAILEY: The
11 sponsor yields.
12 SENATOR RITCHIE: Just a question
13 on the 60-hour work week. At the beginning of
14 the discussion you referenced the fact that
15 Farm Bureau was on board with that. I assume
16 they were on board because they thought it was
17 going to be 60 hours, but now after the
18 discussion with Senator O'Mara it looks like by
19 February the agreement could now be back to the
20 40 hours a week which was the original bill. Is
21 that correct?
22 SENATOR RAMOS: It's correct that
23 the 40 hours was in the original bill,
24 Mr. President.
25 But based on Senator O'Mara's
6969
1 hypothetical assertion, it's improbable based on
2 precedence that we will automatically go to
3 40 hours, given the economic indicators of the
4 agricultural industry. That is certainly not
5 responsible.
6 SENATOR RITCHIE: Would the sponsor
7 yield for one last question?
8 ACTING PRESIDENT BAILEY: Will the
9 sponsor yield?
10 SENATOR RAMOS: Yes.
11 ACTING PRESIDENT BAILEY: The
12 sponsor yields.
13 SENATOR RITCHIE: I guess the big
14 question for me is I certainly understand and
15 it's laudable that you want to protect the
16 farmworkers. At the same time, we've got to
17 protect our farms. What's going to happen if the
18 trend continues and the rest of our farms across
19 New York State have to chose their doors?
20 What's -- what's going to happen?
21 SENATOR RAMOS: Mr. President, I
22 don't believe that farms across the state will
23 have to close their doors. This to me sounds
24 very much like when business owners complain that
25 they'll have to close their doors when the
6970
1 minimum wage rises. In fact, when the minimum
2 wage rose across -- outside of New York City, in
3 Long Island and upstate, we heard the very same
4 argument. But that's certainly not a reason why,
5 in all of the hearings and from all of the
6 farmers who testified, a reason that was cited.
7 SENATOR RITCHIE: On the bill.
8 ACTING PRESIDENT BAILEY: Senator
9 Ritchie on the bill.
10 SENATOR RITCHIE: I certainly want
11 to thank the Senator for the answers to my
12 questions.
13 I do disagree with her when she says
14 that she doesn't believe any farms are going to
15 close. I actually heard the same thing when it
16 came to the fast food workers. And we had a
17 little bit of this discussion a few weeks ago
18 about kiosks and how no one's lost any jobs.
19 Well, I can tell you in my district,
20 the very next week that the fast food wage went
21 into effect, the McDonald's closed. And the
22 McDonald's closed because they couldn't afford to
23 pay the new wage and to invest in a drive-through
24 which they needed.
25 And I'm sure some people in here are
6971
1 chuckling to themself, Who cares about 60
2 McDonald's workers? I do. Every single job in
3 my district counts. Sixty jobs at McDonald's,
4 those people -- they counted on that. And that's
5 exactly what was said was going to happen. And I
6 can give you the information. This is not just a
7 story, this is exactly what happened.
8 And pretty much every week since
9 then, when I run into somebody who works at a
10 fast food restaurant, they tell me, You know
11 what, my hours were cut. My hours were cut
12 because they can't afford it, they're not calling
13 me in.
14 So whether we want to agree or not
15 that this is going to have an effect on our
16 family farm, yes, I think we should watch out for
17 the farmworkers. I believe they should have a
18 day of rest like our farmers have, for the last,
19 you know, number of years.
20 But I also believe it's
21 irresponsible if we don't watch out for our
22 family farms. Because whether anyone thinks it's
23 going to happen or not, the fact that we've lost
24 2,000 farms in the last five years and the fact
25 that every farmer that I talk to, whether they're
6972
1 big, medium or small, they're teetering on the
2 brink of disaster right now. You can ask
3 Farm Credit or anyone that deals with our
4 farmers; they can't take much more.
5 So for that reason, Mr. President, I
6 vote no.
7 ACTING PRESIDENT BAILEY: Senator
8 Gianaris.
9 SENATOR GIANARIS: Thank you.
10 Mr. President, recognizing the
11 importance of this issue and wanting to have
12 everyone heard, but also recognizing the lateness
13 of the hour, can you please recognize Senator
14 Griffo for a comment.
15 ACTING PRESIDENT BAILEY: Senator
16 Griffo.
17 SENATOR GRIFFO: Thank you,
18 Mr. President.
19 I do agree this is a significant
20 issue and very important issue, as you can
21 understand and appreciate and witnessed here in
22 the debate. But in accordance with the Senate
23 rules, we have reached a two-hour limit here.
24 Upon consultation, though, with the Majority, we
25 have agreed to extend the opportunity to continue
6973
1 to be heard.
2 We have several speakers that still
3 will remain on the list. I ask just that we
4 continue to be mindful of that and be concise,
5 and we will continue.
6 And thank you for the opportunity to
7 continue this important debate on this
8 significant issue.
9 ACTING PRESIDENT BAILEY: Thank
10 you, Senator Griffo.
11 Senator Helming.
12 SENATOR HELMING: Thank you,
13 Mr. President. On the bill.
14 ACTING PRESIDENT BAILEY:
15 Senator Helming on the bill.
16 SENATOR HELMING: I appreciate the
17 fact that the sponsor of this legislation, as
18 well as the Senate chair of the Agricultural
19 Committee, recognize that the Farmworkers Fair
20 Labor Practices Act, as originally introduced,
21 was anything but fair to our farmworkers and our
22 farmers.
23 And while I commend the attempts to
24 balance the needs of our farmers and their
25 employees, the amended version before us still
6974
1 falls short.
2 I represent a very large
3 geographical area. It's comprised of hundreds of
4 farms and thousands of acres of farmland. In
5 fact, I live in the heart of an agricultural
6 community. My home was once the main home for a
7 dairy farm. The diary farm still surrounds my
8 home. My neighbors are farmers and farmworkers.
9 The people back home refer to this
10 bill as the Farmworkers Flee New York Act. They
11 see this as just one more Albany-driven
12 job-killing regulation that's unrealistic for our
13 small and large farms.
14 The farmers and farmworkers that
15 I've heard from believe this bill is an example
16 of what happens when New York City, a place that
17 enjoys farm markets but has very few farms --
18 tries to legislate business that they don't
19 understand.
20 Based on some of the comments that
21 I've heard this evening, I would offer that it
22 takes more than a few trips to farms and three
23 public hearings -- none of which were held in the
24 Finger Lakes, Western New York, North Country or
25 the Southern Tier -- to understand the daily toil
6975
1 or how weather and other variables impact
2 day-to-day work.
3 Since January, farmers have shared
4 with me their concerns about the potential impact
5 of this bill. Many of them have summarized that
6 this may be a good time to exit farmers, but
7 their concern is about their employers, who they
8 view as extended family members.
9 Already farms in my district have
10 stopped planting crops and instead they've
11 planted the "For Sale" signs. So this means
12 there will be repercussions in terms of loss of
13 jobs and also loss of valuable ag soils, as these
14 properties will most likely be sold for
15 development.
16 One family I visited with, they've
17 been in the ag business for eight generations.
18 It was sad to hear that their son, the next
19 generation, has left New York State for more
20 business-friendly pastures in North Carolina --
21 again, taking jobs with him.
22 This devastating bill impacts the
23 entire industry and especially our small family
24 farms and their employees. It directly affects
25 upstate's top job creator. And so this amended
6976
1 bill, in my opinion, is not a compromise at all.
2 When lawmakers fail to listen and legislate
3 anyway to claim victory, it's not a good day for
4 our farmers or our farmworkers. Hundreds,
5 hundreds of farmworkers spoke at a recent --
6 showed up at a recent rally here in Albany and
7 were against this legislation.
8 Organizations from across the state
9 who represent agriculture and tourism, the number
10 one and two economic drivers in the state, stand
11 united against this job-killing proposal. These
12 19 -- and I repeat, 19 -- organizations opposed
13 to this legislation include the Farm Bureau, the
14 New York State Vegetable Growers Association, the
15 Northeast Dairy Producers Association, the
16 New York Apple Association, Agri-Mark Dairy
17 Cooperative, Upstate Niagara Cooperative, Cayuga
18 Marketing Ingredients, Empire State Council of
19 Agricultural Organizations, New York State
20 Horticultural Society, New York Wine Industry,
21 New York Wine Grape Growers, the Long Island Wine
22 Council, Agricultural Affiliates, Northeast
23 Agribusiness, Empire State Forest Products,
24 New York Association of Ag Educators, and the
25 New York Thoroughbred Breeders.
6977
1 These organizations came to the
2 table, and they were willing to compromise. But
3 in the end, it is clear that a compromise that
4 valued and appreciated the very different
5 businesses of our farms, one that runs on
6 patterns of weather, on the collaborative sweat
7 of farmers standing shoulder to shoulder with
8 their employees, was not achieved.
9 This is anything but fair or good
10 for upstate. We have already watched politicians
11 kill tens of thousands of potential downstate job
12 opportunities. Upstate lawmakers, well, we're a
13 different crop. We like jobs and we believe that
14 this legislation is bad. It's another nail in
15 the coffin for upstate's economy.
16 I stand with the farmers and the
17 farmworkers opposed to this legislation, and all
18 19 of those organizations, and I will be voting
19 no.
20 ACTING PRESIDENT BAILEY: Senator
21 Jordan.
22 SENATOR JORDAN: Mr. President and
23 my colleagues, I rise to speak on the bill.
24 ACTING PRESIDENT BAILEY: Senator
25 Jordan on the bill.
6978
1 SENATOR JORDAN: I've been proud to
2 serve on the Agricultural Committee in which
3 considerable effort was put in to support and
4 advance legislation to grow our agricultural
5 industry, provide relief for our farm families,
6 and to feed New York New York-grown food.
7 My 43rd Senate District is home to
8 many hardworking family farmers. In fact,
9 400,000 acres of farmland are in the 43rd Senate
10 District. Family farmers work hard, from sunup
11 to sundown, and do an incredible job growing the
12 award-winning nutritious crops that feed
13 New York's families.
14 However, despite their incredible
15 pride, work ethic and productivity, our family
16 farmers face challenges as never before. A
17 bitter crop of high taxes, rising labor and
18 energy costs, more mandates and government red
19 tape conspire against farmers, making it
20 extremely difficult for many to stay in business.
21 Sadly, 20 percent of New York's
22 dairy farms have closed in the last five years.
23 That's a tragedy, a tragedy that this bill will
24 compound. Especially when you consider that
25 agriculture is the number-one industry in
6979
1 New York State. We are losing not just a vital
2 part of our economy but an important and
3 cherished way of life.
4 This bill before us, advanced by the
5 Senate Democratic Majority, would add to the
6 challenges already faced by farmers. An earlier
7 independent study by Farm Credit East, also
8 mentioned by Senator Ortt earlier, estimated that
9 this legislation's costly labor mandates would
10 add $299 million in expenses onto the backs of
11 farmers, reducing net farm income by 23 percent.
12 While the bill was recently amended,
13 there are still numerous concerns with this
14 legislation. The specific concerns were shared
15 with all of us by Grow NY Farms, a nonpartisan,
16 independent, broad-based coalition representing
17 the agricultural interests of New Yorkers. And I
18 was going to list all of those that signed their
19 memo of opposition, but Senator Helming already
20 did.
21 This list, this list of signatures
22 should mean something to all of us. My
23 colleagues Senator Ranzenhofer already -- and
24 Senator Ortt, Senator LaValle, all those that
25 spoke before me have pointed out the troubling
6980
1 issues brought out in the Grow NY Farms
2 opposition memo. They are real problems.
3 Given all of these concerns
4 discussed by all before me, and all of the
5 unanswered questions at the very time so many of
6 New York's family farmers are struggling, this
7 bill, with its new mandates and additional costs
8 that will drive more family farms out of
9 business -- which is why I call it the Farm
10 Foreclosure Bill -- isn't something I can
11 support. Just remember, no New York farms, no
12 farm jobs, no New York food.
13 I encourage my colleagues to vote no
14 on this damaging bill -- and I was going to say
15 "of epic proportions," but I've changed it to "of
16 locust proportions." Think about it.
17 I will be voting no. I encourage my
18 colleagues to vote no. Thank you, Mr. President.
19 ACTING PRESIDENT BAILEY: Senator
20 Jacobs.
21 SENATOR JACOBS: Thank you,
22 Mr. President. On the bill. I'll be brief.
23 ACTING PRESIDENT BAILEY: Senator
24 Jacobs on the bill.
25 SENATOR JACOBS: I'll be brief, and
6981
1 I want to appreciate the opportunity that was
2 afforded to extend some more time to talk on this
3 important issue. But then again, as was
4 mentioned, this is the number-one economic driver
5 in our state, so we should talk about it, and as
6 long as it's needed. And I certainly hope some
7 here may reconsider where they're going to go on
8 a vote.
9 Recently in my district I met with a
10 number of farmers, around seven farm owners.
11 Always amazing people to meet with. I always
12 feel bad when I meet with them during the day;
13 unless it's torrentially downpouring, I know that
14 they would rather -- or feel the need to be
15 working on their farm versus talking to me, and
16 so I thank them for their time. And we talked a
17 lot about the challenges that they face in an
18 industry that's ever-changing.
19 And when you reflect on meeting with
20 farmers and farm owners, you think about things,
21 terminology like a way of life and heritage,
22 tradition, commitment to pass on tradition. And
23 I think we had a very interesting hearing
24 recently on suicide and talked about the epic --
25 epidemic level of suicide of our farmers. And
6982
1 some of the discussion that happened was this
2 feeling of obligation of farmers who were
3 bequeathed this farm from their parents and
4 grandparents, and the obligations to continue
5 that tradition. And this is really being
6 threatened ever more with what we're talking
7 about tonight.
8 When talking with these farmers --
9 by the way, of the seven farmers I met with on
10 this occasion, two of them were women who owned
11 farms, and the one woman was 12th generation on
12 that farm. Twelfth generation.
13 But when I talked to them and
14 brought up -- unfortunately, the topic of the day
15 was this bill. And these farmers were not just
16 concerned, they were not just annoyed, they were
17 petrified. They were petrified at the prospect
18 of what this bill, and what was in it, would do.
19 And that considering the challenges that they
20 already were facing, that this was existential,
21 that this may be it, that this may be the last
22 straw for the survival of a farm that had been in
23 existence in one case for 12 generations.
24 You know, when you talk about a
25 debate like this, or any debate, usually you have
6983
1 one side for and one side against. Here it would
2 be the employer and the employee. The odd thing
3 here is when I've talked to employees, they're
4 against it too. Both the employees and the
5 employers are against it. The employer, the farm
6 owners, don't want it because it's going to make
7 it -- they are not going to be competitive, and
8 the workers are not going to be able to work as
9 much as they want or have hindrances to do what
10 they wanted.
11 So obviously it's outside interests
12 and outside forces that are driving this debate,
13 and that's really something that's really
14 frustrating.
15 We talked tonight that this bill was
16 a compromise. I don't think it's much of a
17 compromise, going from -- to the 60 hours,
18 because of the constraints that are on it. And
19 there were talks that there was adjustments done,
20 understanding that farming is different. But
21 really not. We had the description of it could
22 rain all week and very little hours, and yet you
23 still have to pay overtime for working the final
24 day on a Sunday if it's sunny out.
25 But the other concern I have is this
6984
1 wage board and the odd way it's set up. And the
2 fact that certain people can be on it and we
3 don't need a quorum and the two people that kind
4 of control it have already dictated they are for
5 the 40-hour work week, not the 60 hour.
6 My concern is this is not a
7 compromise, this is just one delay step towards
8 the ultimate goal of the 40-hour week so the
9 overtime can be triggered there. Which will most
10 definitely be the death knell to the farms in our
11 region -- in our state, rather.
12 So it's for all those reasons that I
13 beg and I plead with my colleagues to postpone
14 this decision, take more time, be more thoughtful
15 so we don't make irreparable damage to this
16 sector which is so part of our heritage, our
17 economy, and our way of life.
18 With that, I vote no. Thank you,
19 Mr. President.
20 ACTING PRESIDENT BAILEY: At this
21 time the debate is closed.
22 The Secretary will ring the bell.
23 Read the last section.
24 THE SECRETARY: Section 25. This
25 act shall take effect January 1, 2020.
6985
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Order in
5 the chamber, please. Order in the chamber,
6 please.
7 Senator Metzger to explain her vote.
8 SENATOR METZGER: Thank you,
9 Mr. President.
10 Farmworkers have been historically
11 without the rights that other workers in our
12 state and our country have long enjoyed,
13 including the most basic right to collective
14 bargaining. This is a wrong that we are finally
15 righting today.
16 But getting here has been neither
17 simple nor straightforward. The conditions of
18 farming, the very nature of farming is uniquely
19 different from other sectors of the economy.
20 Farmworkers' and farmers' livelihood is dependent
21 on conditions that are mostly beyond their
22 control. The weather dictates the hours they
23 need to work. Much of farming is seasonal. An
24 entire year's income is based on a short period
25 when the crops are harvested. In the market,
6986
1 they are price-takers with little control over
2 their costs.
3 We're very fortunate in New York
4 that most of our farms are family-owned and small
5 and midsized, and they produce a great diversity
6 of products. But they also face great challenges
7 to surviving, and we have been losing farms year
8 after year.
9 So our great challenge was to reach
10 agreement on legislation that protects the rights
11 of farmworkers and ensures that they, like every
12 other worker, can live a life with dignity while
13 also taking into account the realities of
14 farming. And I have always believed that it's
15 possible to achieve this.
16 I asked my colleague and the sponsor
17 of this legislation, Senator Ramos, to hold
18 public hearings in farmers' communities so that
19 we could hear directly from the farming
20 community. This has never, ever been done in all
21 of the years this legislation has been before
22 this body. And Senator Ramos went beyond that.
23 She organized roundtables, she visited farm
24 tours, she went the distance to try to collect as
25 much information as she could.
6987
1 From my perspective, it wasn't just
2 about collecting this information, it was about
3 taking what made sense into account and making
4 sure that that informed this house's position on
5 this legislation. This legislation did in fact
6 address the two great concerns of the farming
7 community: Setting a threshold for overtime,
8 60 hours, that takes into account the nature of
9 farming; and including a no-strike provision
10 while also making sure that farmworkers have
11 robust collective bargaining and other
12 protections that they deserve.
13 In the end, some compromises were
14 made that I do not agree with. But I support
15 this legislation because I believe it goes a long
16 way to giving farmworkers the protections they
17 deserve and taking into account the realities of
18 farming. And importantly, it has come a long way
19 from where it was originally, because I believe
20 that that original legislation did not take into
21 account those realities.
22 I am very committed, as Agriculture
23 chair and as someone who lives among farmers in a
24 farming region in the Rondout Valley, to work
25 with our farmers to make sure that the remaining
6988
1 concerns they have with this legislation are
2 addressed.
3 And I will commit to and want to
4 work with my colleagues to make sure that they --
5 that we as a body will support policies that
6 support our farmers and make sure that farming
7 can continue to thrive and remain viable. And,
8 you know, it is our most important industry in
9 New York State and it is the only game in town in
10 many of the communities in rural New York. It's
11 important for maintaining our long-term food
12 security, it's important for protecting our
13 environment, and it's important to protecting our
14 heritage.
15 So I look forward to working with
16 all of you, and I support this legislation.
17 Thank you.
18 ACTING PRESIDENT BAILEY: Senator
19 Metzger to be recorded in the affirmative.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 just so everyone knows, there are a number of
23 Senators who wish to explain their vote on this.
24 I would ask you to enforce our two-minute rule.
25 We're trying to get through this evening as
6989
1 expeditiously as possible. Thank you.
2 ACTING PRESIDENT BAILEY: The
3 two-minute rule is in effect.
4 Senator Sanders to explain his vote.
5 SENATOR SANDERS: It's a false
6 dichotomy. I've heard -- I've spent the time
7 listening, and it seems that we're fighting
8 things that don't need to be fought. Let me try
9 to explain.
10 I heard that we are spending more on
11 film tax credits than on farming. I think that's
12 a shame. We should do something about it. We
13 should have done something about it long ago.
14 Sustainable farming needs
15 sustainable farms. There's no question about
16 that. I would argue that it is the middleman
17 that's really the problem here. That if we're --
18 the agricultural businesses that are really doing
19 stuff, we need to look at this.
20 Senator Savino spoke of history.
21 Let me tell you of mine. I know about this
22 farming business. I'm the son of a sharecropper.
23 My father was taken out of school in the
24 third grade so he could help make some other
25 people rich. I feel deeply about this, and it's
6990
1 an issue I can't move away from. We -- my family
2 fled the South. We are refugees. We got out of
3 there as quick as we could.
4 I think that the solution, however,
5 is going to be in Harlem, of all places, where
6 Harlem created the chair of Agriculture years ago
7 in the federal -- it turned out to be a black
8 eye, a fellow named Adam Clayton Powell. He did
9 something, became chair of Agriculture. Harlem,
10 agriculture? He created food stamps, one of the
11 smartest systems that has ever been devised.
12 Great for the farmer. Great for people who eat.
13 It's one of the smartest things.
14 Why can't we be this smart? Why
15 must this be a problem that can't be solved or
16 must be solved with a big winner and a big loser?
17 Why can't we figure out some way that everybody
18 could learn and eat and that the farmworkers can
19 get a decent pay?
20 Sir -- Mr. President, I'm trying to
21 respect it. I'm voting yes, but I'm urging us,
22 can we be smart instead of stupid? Why don't we
23 all win?
24 ACTING PRESIDENT BAILEY: Senator
25 Sanders to be recorded in the affirmative.
6991
1 Senator Funke to explain his vote.
2 SENATOR FUNKE: Thank you,
3 Mr. President.
4 You know, to walk in someone else's
5 shoes is something that we do in this body each
6 and every day. But not one set, you have to walk
7 in two sets of shoes. And if you don't, then you
8 have a personal agenda.
9 I may be one of the only people here
10 that has a tremendous respect for farmworkers and
11 farmers because I'm probably one of the few that
12 grew up on a family farm picking vegetables. My
13 brothers and I knew the meaning of hard work,
14 what it took to plant and hoe and pick. And
15 sell. I'll never regret it. We saw too much
16 rain and not enough rain. And we saw it wipe out
17 all the investment and the hard work and any
18 profit that went with it. The weather. What can
19 you do?
20 I can remember driving a truck to
21 Orleans County from Genesee County to buy fruit
22 to resell at our roadside stand, and trading
23 stories with those who worked in the orchards
24 there. We traded stories about what was rougher,
25 picking apples or picking up potatoes like I did.
6992
1 So I get it. And I didn't get a
2 choice whether to work my dad's farm or not. I
3 knew the rules going in. My father thought it
4 was family fun.
5 Agriculture is our top economic
6 engine in upstate New York, but this bill takes
7 direct aim at the future viability of that
8 industry. Not one farmer, not one worker I spoke
9 to was in favor of this bill. And the
10 Agriculture chair would have known that if she
11 had taken my suggestion and actually held a
12 hearing up in Western New York, in the Finger
13 Lakes. In Wayne County, the height of apple
14 country in this state.
15 You know who was in favor? People
16 who have never picked an ear of corn, never
17 picked an apple, never milked a cow.
18 High taxes and regulations have
19 already decimated the manufacturing base upstate.
20 Now you're taking aim at farmers. And what's
21 next?
22 This has been a historically bad
23 session for upstate New York. Passing this farm
24 labor bill really is the icing on the cake for
25 us. I vote no.
6993
1 ACTING PRESIDENT BAILEY: Senator
2 Funke to be recorded in the negative.
3 Senator Montgomery to explain her
4 vote.
5 SENATOR MONTGOMERY: Thank you,
6 Mr. President.
7 I just want to especially compliment
8 Senator Ramos. And as she is speaking, I'm
9 reminded that today is Juneteenth. And
10 Juneteenth represents a day on the calendar when
11 African-Americans, black people, found out that
12 the emancipation had freed them from slavery.
13 These were people in Texas, and they had been
14 held for over a year beyond the time that the
15 emancipation was actually signed so that they
16 could gather the crops. It wasn't convenient for
17 the farmers.
18 And so following that, there
19 proceeded to be a whole series of events that
20 defined America at that time. And one of them
21 was convict leasing, which was a horrible thing
22 for black people in this country, and followed by
23 the black codes and followed by Jim Crow. And
24 followed by the Civil Rights Movement. And I'm
25 thinking about all of that because I think how
6994
1 difficult it is, no matter how awful the system
2 is, it -- change is hard. And so that by the
3 time we got to the Civil Rights Movement and I
4 guess, before that, Brown v. Board of Education
5 of Topeka, it took the Army, the national Army,
6 the president calling in the army for nine
7 children to be accepted into the high school, a
8 high school, black children into a white high
9 school. And for one man to get into Alabama,
10 James Meredith, it took the Army.
11 ACTING PRESIDENT BAILEY: Senator
12 Montgomery, we're approaching the two minutes.
13 SENATOR MONTGOMERY: So let me just
14 say it is very, very hard when you're doing
15 change. This is a change in how we treat people
16 who work on the farms. And yes, we know we want
17 to preserve the farmers, we want to protect them,
18 they make up a huge industry in the State of
19 New York. But yet we have to make this change.
20 You have brought us to this point --
21 ACTING PRESIDENT BAILEY: Senator
22 Montgomery.
23 SENATOR MONTGOMERY: -- and I know
24 how hard it is. And I just want to say, for us,
25 we're crossing this difficult boundary, this
6995
1 difficult river --
2 ACTING PRESIDENT BAILEY: Senator
3 Montgomery, how do you vote?
4 SENATOR MONTGOMERY: -- we're going
5 to do the right thing tonight.
6 And I say again, thanks to our
7 leader. Thanks to this young woman who has
8 brought us -- to Senator Ramos, who has brought
9 us to this point, thank you. I shall never
10 forget this moment, like I don't forget the other
11 moments. I vote aye.
12 ACTING PRESIDENT BAILEY:
13 Senator Montgomery to be recorded in the
14 affirmative.
15 Senator Amedore to explain his vote.
16 SENATOR AMEDORE: Thank you,
17 Mr. President, I rise to explain my vote.
18 And I want to thank Senator Ramos
19 for recognizing our number-one industry in
20 New York State. Our agricultural industry is a
21 very unique industry. Those are the -- it's
22 unique.
23 The 46th Senate District consists of
24 five counties -- some whole, some partial. And
25 in that five-county area, I represent nearly 1800
6996
1 farms. I can tell you that there's no harder
2 worker, no more -- no one who is a more dedicated
3 employer than a farmer and a farmworker. And we
4 owe them a great debt of gratitude for the hard
5 work that they have done. They love to farm.
6 They love to be involved in this industry.
7 This bill tonight goes far deep in
8 trying to help the farmworker. Matter of fact,
9 it's not going to. You see, a coin has two
10 sides. That's what makes a coin. You can't have
11 one side and the coin be valuable, you need both
12 sides of the coin. Our farm needs both sides of
13 the coin. It needs the employer, who is able to
14 pay the employee. The employee needs the job to
15 earn the wage. And they want to work at it.
16 Today, tonight, this coin is only
17 one-sided, because it goes against the employer
18 that can pay the employee. And unfortunately, we
19 are not listening to the great outcry of this
20 industry.
21 ACTING PRESIDENT BAILEY: Senator
22 Amedore.
23 SENATOR AMEDORE: The employees do
24 not want it, nor do the employers.
25 And I will not support this bill.
6997
1 I'll vote no.
2 ACTING PRESIDENT BAILEY: Senator
3 Amedore to be recorded in the negative.
4 Senator Harckham to explain his
5 vote.
6 SENATOR HARCKHAM: Thank you,
7 Mr. President.
8 I want to thank Senator Ramos for an
9 extraordinary job and her diligence,
10 Senator Metzger, and all Senators who
11 participated in this.
12 We were up at a public hearing in
13 Sullivan County with Senator Jackson, Senator Liu
14 and others, and a farmer from my district. And
15 yes, I have probably not nearly as many farms as
16 some folks have, but I have a great deal of
17 agriculture in my district. And a farmer was
18 speaking of the very economic challenges that
19 have been discussed tonight.
20 And after enumerating the economic
21 challenges, he stressed the need to pass this
22 bill, because this is about human rights, this is
23 about civil rights, this is about labor rights.
24 And because there are market inequities that are
25 putting pressure on our farmers, that does not
6998
1 mean we try to balance the fiscal equation on the
2 backs of the people doing the labor.
3 Our farmers are in trouble, without
4 question. They face competition from California
5 that has three seasons, they face competition
6 from Canada that has price supports, they face
7 competition from around the world where we can
8 fly produce into our markets within 12 hours.
9 Those are the geopolitical forces that are
10 punishing our farmers, and we don't balance the
11 equation on the civil rights, the human rights or
12 the workers.
13 And I look forward to working with
14 my colleagues. I heard good things about tax
15 credits and other incentives that we need to be
16 investing in our farmers so that they compete on
17 a level playing field, or a nearly level playing
18 field. But we don't do it on the backs of the
19 folks who are doing the work.
20 I will vote aye.
21 ACTING PRESIDENT BAILEY: Senator
22 Harckham to be recorded in the affirmative.
23 Senator Sepúlveda to explain his
24 vote.
25 SENATOR SEPÚLVEDA: Thank you,
6999
1 Mr. President, for allowing me to explain my
2 vote, with my captain over here next to me.
3 You know, the inconsistency in what
4 I've been hearing today in these discussions is
5 palpable. So two nights ago we passed a bill
6 here called the Green Light Bill that economists,
7 people that know a lot more about the economy
8 than I do, have said would be a great economic
9 propeller for upstate New York. In fact, one of
10 my colleagues here used as an example to support
11 her argument against this bill an organization
12 called the New York State Vegetable Growers
13 Association, the same organization that said that
14 the Green Light Bill would be a wonderful
15 economic boost for upstate New York.
16 Real simple, let me tell you about
17 my history with farmworkers. I come, my family
18 comes from Puerto Rico. People there are
19 natural-born citizens, for those of us who don't
20 know it. They were, in the '50s, flown, under
21 the promise of a panacea, to work in farms in
22 Hawaii and in Brentwood, in Long Island, in
23 eastern Long Island. And when they got there,
24 the exploitation that they suffered was
25 incredible, was inhuman.
7000
1 Look at California, the history of
2 farmworkers there, with Cesar Chavez. Again, the
3 farmworker was exploited. And it seems like
4 whenever you have a movement to level the playing
5 field and give them dignity, it's always "let's
6 protect the farmer at the expense of those at the
7 lowest economic strata," and that is the
8 farmworker. It happens time and time again.
9 Now look, farmers are suffering
10 today, obviously. And I love farmers, especially
11 in an area where they produce the wines. I love
12 going there. But let's be real. The issue here
13 with farms is federal policy. Right now you have
14 federal policy where our leader is taxing other
15 countries' farm industry, agricultural industry,
16 and not expecting retaliation. And they are
17 retaliating. And the federal government is
18 giving billions and billions of dollars in
19 subsidies to the big agricultural companies and
20 forgetting about the little farms like you have
21 in upstate New York.
22 ACTING PRESIDENT BAILEY: Senator
23 Sepúlveda, how do you vote?
24 SENATOR SEPÚLVEDA: Three things we
25 gave up. We agreed to no striking as a --
7001
1 ACTING PRESIDENT BAILEY: Senator
2 Sepúlveda, I am sorry, I apologize, but the
3 two-minute limit has been reached. How do you
4 vote, Senator Sepúlveda?
5 SENATOR SEPÚLVEDA: I vote in the
6 affirmative.
7 ACTING PRESIDENT BAILEY: Senator
8 Sepúlveda in the affirmative.
9 Senator Skoufis to explain his vote.
10 SENATOR SKOUFIS: Thank you,
11 Mr. President.
12 When this bill would come up in the
13 Assembly, one of my colleagues, a Democrat from
14 Staten Island, Matt Titone, who is now a judge,
15 would get up and explain that a yes vote on this
16 bill and you'd be accused, as a New York City
17 member, of imposing your will on the Suffolk
18 County and upstate farms in New York; a no vote,
19 and you'd be accused of being a racist. And for
20 those interested, he would be the only New York
21 City Democrat to vote against this bill when it
22 came up.
23 But it belies the point that this is
24 a difficult vote. Because on one hand, you do
25 have thousands of farms that are closing, that
7002
1 are going bankrupt throughout this state in
2 recent years. And then, on the other hand, you
3 do have this very apparent problem that
4 farmworkers are denied some very basic
5 protections in this state.
6 I want to compliment Senator Ramos
7 and Senator Metzger. I caught a glimpse of the
8 dozens if not hundreds of hours that they put
9 into this bill to get to this point, here in
10 Albany and throughout the state.
11 And in large part what we have here
12 is a reflection of really worthwhile compromise.
13 And it even includes a benefit or two, some long
14 sought-after by farmers, such as the elimination
15 of unemployment insurance for H-2A workers, the
16 unnecessary unemployment insurance that's paid.
17 I will say this is not -- this vote
18 is not without some discomfort. I am concerned
19 about this wage board. But I will be watching it
20 like a hawk, because in statute, their
21 decision-making must be driven by the agriculture
22 sector's economic indicators, and we all know
23 where those indicators are pointing.
24 That wage board should not be
25 lowering to 60 --
7003
1 ACTING PRESIDENT BAILEY: Senator
2 Skoufis, how do you vote?
3 SENATOR SKOUFIS: I vote yes. I
4 compliment my colleagues Senators Ramos and
5 Metzger. Thank you.
6 ACTING PRESIDENT BAILEY: Senator
7 Skoufis to be recorded in the affirmative.
8 Senator Gallivan to explain his
9 vote.
10 SENATOR GALLIVAN: Thank you,
11 Mr. President.
12 Just as agriculture is the state's
13 top industry, agriculture is the number-one
14 industry in my district. As a matter of fact, in
15 one of the four counties I represent, Wyoming
16 County, there's more cows than people. And
17 little Wyoming County is number one in dairy
18 output in the state.
19 And all of this, statewide and in my
20 district, these farmers have been accomplishing
21 this despite the impediments that we put in front
22 of them. But you look at what's happened over
23 the last five years, we've heard of the number of
24 farms that have closed. A number of them, in my
25 district included, have closed because of
7004
1 New York's impediments, because of the increase
2 in the minimum wage. And now we have a bill that
3 imposes even more mandates and costs on farmers.
4 The farm families that I
5 represent -- and I've met with -- have great
6 respect for the people who they employ. Like all
7 small businesses, they value their employees'
8 commitment, work ethic, and the partnership it
9 takes to get the job done.
10 The agriculture workers in my
11 district that I represent, their jobs are
12 competitive, and they're provided with many, many
13 benefits.
14 Neither is asking for this
15 legislation. In every case, they've spoken
16 against it.
17 The bill isn't necessary. It
18 doesn't accurately reflect the needs of
19 farmworkers or the needs of farm families. And
20 at a time when New York State continues to be one
21 of the worst places in the country to do
22 business, we should not be imposing more
23 obstacles or unworkable mandates on our farms.
24 The result will be devastating. More farms will
25 join the 2,000 that have already closed in
7005
1 New York State, and jobs will be lost.
2 For these reasons, I vote no.
3 ACTING PRESIDENT BAILEY: Senator
4 Gallivan to be recorded in the negative.
5 Senator Jackson to explain his vote.
6 SENATOR JACKSON: Mr. President, I
7 rise in order to explain my support for this
8 bill. I'm a member of the Labor Committee, which
9 Jessica Ramos chairs, and I thank you, Jessica,
10 for your steadfastness in working on this.
11 But let me be quite frank to you.
12 It's shameful that New York State farmworkers
13 still work under Jim Crow-era policies that do
14 not guarantee them basic rights to a day of rest,
15 overtime pay, decent housing, and the ability to
16 form a union. And as someone that has been a
17 labor organizer for a labor union for two decades
18 myself, I truly believe in the rights of all
19 workers to collectively bargain over the
20 conditions of their employment.
21 I say to you that I had a chance to
22 attend a hearing up in Sullivan County with
23 Jessica Ramos and Jen Metzger, and Rachel May did
24 one in SUNY Morrisville. And I heard the farmers
25 loud and clear. The primary issue they talked
7006
1 about is the overtime. That was the primary
2 issue. And I said loud and clear, no one wants
3 you to close your farm.
4 And I say to all of you that we need
5 to working collectively as colleagues to help
6 farmers, but we need to finally address the needs
7 of their workers. This legislation will finally
8 extend basic human rights to the farmworkers to
9 guarantee them something that Mario Cuomo's task
10 force first raised this issue over 27 years ago.
11 Farmers put food on our table. They are
12 essential to our collective well-being. Now this
13 body, the New York State Senate, is finally
14 passing a farmworkers' bill which has been
15 pending for decades.
16 Congratulations to my colleagues who
17 are voting yes. Mr. President, I vote
18 respectfully yes to the farmworkers.
19 ACTING PRESIDENT BAILEY: Senator
20 Jackson under two minutes, yes.
21 (Laughter.)
22 ACTING PRESIDENT BAILEY: Senator
23 Seward to explain his vote.
24 SENATOR SEWARD: Thank you,
25 Mr. President.
7007
1 You know, early in this session,
2 through the words and deeds of some in this
3 chamber, New York State lost the opportunity to
4 bring Amazon to New York State and with it 25,000
5 new jobs. Now here we are in the closing hours
6 of the session, and through this bill that's
7 before us, the supporters of this bill are
8 killing off existing jobs and businesses by going
9 after our state's number-one industry,
10 agriculture.
11 This bill will be another crushing
12 blow for an already struggling sector of our
13 economy, and that is agriculture. You know, high
14 energy costs, low milk prices, never-ending
15 regulations, property taxes, the list goes on.
16 And these are just some of the obstacles our
17 farmers deal with every single day.
18 And what has the Majority in this
19 house done this year to help? Nothing. The
20 Majority has only made it more expensive for
21 farmers to do their job, deliver food to our
22 tables, and this bill will make matters much,
23 much worse. Ultimately farmworkers who you say
24 will be protected will wind up on the
25 unemployment line or earning less money, costing
7008
1 all New Yorkers.
2 You know, long work days are a way
3 of life on the farm. There's no such thing as a
4 40-hour work week. The crops need to be
5 harvested, dairy cows need to be milked. And
6 it's unfair to force our farmers, who have to
7 deal with changing weather conditions and many
8 other conditions that are beyond their control,
9 it's unfair to make them follow the very
10 constricting and crushing guidelines included in
11 this bill.
12 New York farmers face already strict
13 regulations and are subject to regular
14 inspections by state and federal authorities.
15 Farming is a unique business and
16 must be treated as such --
17 ACTING PRESIDENT BAILEY: Senator
18 Seward. Senator Seward, how do you vote?
19 SENATOR SEWARD: Plain and simple,
20 this bill will plow more family farms under.
21 ACTING PRESIDENT BAILEY: Senator
22 Seward, how do you vote?
23 SENATOR SEWARD: I vote no.
24 ACTING PRESIDENT BAILEY: Senator
25 Seward to be recorded in the negative.
7009
1 Senator May to explain her vote.
2 SENATOR MAY: Thank you,
3 Mr. President.
4 A few weeks ago the state appellate
5 court ruled that farmworkers must be allowed to
6 organize. This bill is not optional, this bill
7 is necessary.
8 I've talked to a lot of farmers in
9 my district, and they were terrified. They were
10 terrified of a 40-hour week. They were terrified
11 of the right to strike by their workers. But
12 this bill they say they can live with.
13 And I see this bill as a remarkable
14 achievement by Senator Ramos, Senator Metzger,
15 everyone who has worked on it, bringing together
16 so many voices and making this a decision that
17 really hears and listens to the farmers and all
18 of the voices.
19 I believe it is the best compromise
20 we could have reached to honor our farmers and to
21 recognize the undeniable rights of the workers
22 who put our food on our tables, and I vote aye.
23 ACTING PRESIDENT BAILEY: Senator
24 May to be recorded in the affirmative.
25 Senator Boyle to explain his vote.
7010
1 SENATOR BOYLE: Mr. President, to
2 explain my vote.
3 Unlike my upstate colleagues, I
4 represent one farm. It's the best farm in the
5 State of New York, but it's just one.
6 When I first came to Albany many
7 years ago, I started to learn about this and the
8 unjust position that farmworkers are put in, not
9 having labor rights. I was shocked at that. Who
10 came up with the idea of exempting them?
11 I have always supported this
12 legislation. I've been a cosponsor, I support
13 labor rights for farmworkers, I support a day
14 off, I support overtime pay. Who wouldn't? And
15 I went to the hearing down on Long Island. And
16 as many of us, we listened to compromises.
17 Right? Someone on the panel asked, What about
18 overtime after 60 hours? And the workers were
19 shaking their heads and the farmers were shaking
20 their heads, and I was like, Okay, we got a
21 compromise, that sounds -- I think there's a
22 compromise here.
23 Came back up here and I heard there
24 was a compromise. Great. I've been a supporter
25 of this bill for many years, and there's a
7011
1 compromise. Just very, very recently I heard
2 about this new provision, though, on the wage
3 board. It worries me. Once again, we're
4 abdicating our duties and responsibilities as
5 legislators to an unseen, unknown body.
6 If we want to change this law, we
7 should bring it back here. Senator Ramos, I give
8 you the greatest credit for working on this bill.
9 Take out the wage board, and you have my vote.
10 But I have to vote no on this one.
11 ACTING PRESIDENT BAILEY: Senator
12 Boyle to be recorded in the negative.
13 Senator Serino to explain her vote.
14 SENATOR SERINO: Thank you,
15 Mr. President.
16 I think my colleagues really covered
17 a lot about the concerns that we have for our
18 farmers. To those that are losing their farms,
19 it's devastating. But there's another component
20 to this. In the Hudson Valley we've seen a
21 renewed interest in young people buying farms.
22 In fact, over the summer we have our Dutchess
23 County Fair, and we have an Ag Day where our
24 elected officials get together with their
25 farmers. There were so many young people there
7012
1 that were moving back to the Hudson Valley to
2 take over their family farms. You're going to
3 rob them of the opportunity to continue this
4 important tradition.
5 Public hearings are great, but the
6 farmers and workers in my community don't have a
7 day to dedicate to sit in a hearing room to beg
8 you not to make these changes, only for you to do
9 it anyway. Too many of them will find out about
10 these drastic changes after this passes tonight
11 because they are busy trying to keep their heads
12 above water. Albany lives in a bubble, and this
13 is just another perfect example.
14 Thank you. I vote no.
15 ACTING PRESIDENT BAILEY: Senator
16 Serino to be recorded in the negative.
17 Senator Tedisco to explain his vote.
18 SENATOR TEDISCO: Thank you,
19 Mr. President.
20 Mr. President and my colleagues, you
21 probably know, if you've been here for a while
22 like me -- and it's a very real source of pride
23 for myself and you. I wish I had brought it with
24 me. And for those new members here, it's a
25 little silver plate. And when you first come
7013
1 here, if you show your support for farmers and
2 farmworkers and show an understanding of the
3 importance of our agriculture, you'll get that
4 little plate on a plaque. And you put that
5 plaque on your wall.
6 When that plate gets full over the
7 years, you know you've been helping farmers and
8 the Farm Bureau. When it gets full, you get the
9 little plate -- they don't give you another
10 plaque -- and you put that -- I put my plates --
11 if you go to the offices, you'll see it right in
12 front of my plaque on the shelves. That
13 designation, which is such a source of pride for
14 me, is the Circle of Friends.
15 I'm going to vote no today because I
16 want to keep up my record as being a Circle of
17 Friends for the Farm Bureau, farmers, and get
18 that designation. But there's going to be a new
19 designation today. It's for those people who
20 vote yes. You are now going to be the Circle of
21 Enemies for farms in New York State. And that's
22 a designation you don't really want to have.
23 Mr. President, I'm going to be
24 voting no.
25 ACTING PRESIDENT BAILEY: Senator
7014
1 Tedisco in the negative.
2 Senator Benjamin to explain his
3 vote.
4 SENATOR BENJAMIN: Thank you,
5 Mr. President.
6 Very simply, farmworkers deserve the
7 same labor rights as everyone else. To me, it's
8 very simple.
9 But I want to spend my time talking
10 about two people really quickly, because I know I
11 only have two minutes. One, I want to talk about
12 the leadership of Jessica Ramos. Jessica Ramos
13 has come to the Senate and she has been
14 lion-focused on making sure that those who are
15 marginalized get the support. And that is why an
16 intern from her office almost blocked me from
17 getting to her because she was so concerned about
18 making sure that Jessica was protected. And she
19 talked to me about how Jessica represents
20 something for her family. And I was just so
21 proud to know that I could be a colleague with
22 someone who inspires so many young people to be
23 the greatest.
24 And I also want to give credit to
25 Jen Metzger. Senator Metzger has taken a very
7015
1 hard vote. She's showing enormous political
2 courage because she's doing what's right. She's
3 putting policy over politics.
4 And for that, I tip my hat to both
5 Jessica Ramos and to Jen Metzger, and I proudly
6 vote aye.
7 ACTING PRESIDENT BAILEY: Senator
8 Benjamin to be recorded in the affirmative.
9 Senator Antonacci to explain his
10 vote.
11 SENATOR ANTONACCI: Thank you,
12 Mr. President.
13 I too would like to thank the
14 sponsor for traveling up to upstate New York. I
15 know that she did not phone her duties in.
16 But you know, I've been here six
17 months now, and you never hear about solving a
18 problem with good, old-fashioned capitalism or
19 the free market. Bad words.
20 But I'm a proud UAW -- I'm the proud
21 son of a UAW member of 42 years. We lost 4,000
22 jobs in Syracuse, New York -- not because of the
23 union, and I certainly believe in the right to
24 organize. But I think here we have government
25 intervention, and I think it's just a little bit
7016
1 too much.
2 As an attorney, I represented dairy
3 processors for almost 25 years. I understand the
4 competitive disadvantage of our agricultural
5 market. I understand how tough it is to compete
6 with places like Canada and even Pennsylvania to
7 our south. I think that this is an overreach.
8 My number-one problem with this bill
9 is the wage board. I don't think it's going to
10 do what is intended by the sponsor and this
11 legislation. So I will be in the negative.
12 Thank you.
13 ACTING PRESIDENT BAILEY: Senator
14 Antonacci to be recorded in the negative.
15 Senator Stavisky to explain her
16 vote.
17 SENATOR STAVISKY: There's
18 confusion between Stavisky and Kaminsky.
19 I too want to thank Senator Ramos
20 for her leadership and for taking charge of this
21 issue. She and Senator Metzger -- and Senator
22 Metzger I think has done an outstanding job also
23 as chair of the Agriculture Committee. But
24 together, there was a number of hearings, and I
25 attended the one in Smithtown. And I sat there
7017
1 and said to myself, This is the new Senate.
2 These are the folks who are going to lead us in
3 the 21st century, and we can be very proud of
4 what so many of our new members have done.
5 We said it earlier, but to
6 Senator Metzger and Senator Ramos, we thank you
7 for what you did. And that Smithtown hearing was
8 extremely interesting. We sat there and listened
9 to both the Farm Bureau, the farm owners and the
10 workers, and I'm delighted that we have an
11 agreement this evening. So congratulations.
12 Thank you.
13 ACTING PRESIDENT BAILEY: Senator
14 Stavisky to be recorded in the affirmative.
15 Are there any other Senators wishing
16 to be heard?
17 Seeing and hearing none, Senator
18 Ramos to close.
19 SENATOR RAMOS: Thank you,
20 Mr. President.
21 I find it completely and utterly
22 serendipitous that we're voting on the
23 Farmworkers Fair Labor Practices Act on
24 Juneteenth. As was mentioned previously, it's a
25 celebration, a commemoration of when the Union
7018
1 Army marched into Texas to let the last group of
2 slaves know that they were indeed free. It took
3 six months.
4 And today we're letting farmworkers
5 know in New York State that they're finally
6 recognized as human beings under the Labor Law,
7 and they are entitled to the very same
8 protections and benefits that every other worker
9 in New York is given.
10 I'm trying my best not to get too
11 emotional in understanding how historic of a
12 moment this is for all of us. I think that we
13 did our best in addressing the concerns that were
14 presented before us at the hearings. We heard
15 about the 60 hours being a magic number for
16 overtime pay. We heard how a strike provision
17 would really hurt the agricultural industry,
18 particularly during harvest time, which is why
19 I'm guessing my colleagues from across the aisle
20 didn't bring it up during debate.
21 But nevertheless, I think that what
22 we're doing is putting more money -- and time --
23 in the pockets of workers. And I really do
24 believe that in creating more disposable income,
25 we are decentralizing wealth and helping people
7019
1 really contribute to the economy in a greater
2 way. And like I mentioned before, now that
3 they'll be able to drive around, these won't be
4 such isolated places anymore.
5 I want to thank a series of people,
6 and of course every single one of my colleagues,
7 even those who are voting no today.
8 But I want to thank Andrea
9 Stewart-Cousins, our Majority Leader, and her
10 team, namely Shontell Smith, Eric Katz, Lonnie
11 Threatte, Elizabeth Robins, and Andrew Goldston,
12 my good friend of many years, for helping us
13 usher this bill through.
14 My team, who as you can imagine and
15 many of you know, for a Queens girl who doesn't
16 drive, getting around upstate where the MTA does
17 not exist isn't exactly easy. So to my
18 legislature director, Samantha Acevedo, who's
19 behind me; Tarik Coles -- and I'm going to get in
20 trouble because I'm not going to get to mention
21 everyone, in the interests of time -- but Laura
22 Rubio, Julia Arredondo. My entire staff helped
23 me travel across the counties, across the many
24 regions in New York where we visited more than a
25 dozen farms in many of the Republican districts
7020
1 represented in this State Senate. So I'm very
2 thankful to them.
3 I'm thankful to the leadership of
4 the AFL-CIO -- Mario Cilento, Mike Neidl. I'm
5 deeply appreciative to the other Queens half of
6 this equation, Assemblywoman Cathy Nolan. But I
7 also want to thank Reverend Witt and José Chapa
8 from the Rural & Migrant Ministry. The New York
9 Civil Liberties Union.
10 I want to thank my partners in
11 justice, Senators Metzger, May, Martinez, and the
12 prime cosponsor of this bill, Senator Jackson.
13 Uncle Bob, I love you. You're even taking video
14 right now, aren't you?
15 (Laughter.)
16 SENATOR RAMOS: I want to thank
17 Senator Ranzenhofer for being the only Republican
18 to invite me to his district. And I want to
19 thank Senator Boyle for being the only Republican
20 to come to a hearing. That really did, I think,
21 make a difference. Despite us having a few RSVPs
22 at the other hearings, unfortunately those
23 Senators never showed up.
24 And so with that -- some other folks
25 being the Hispanic Federation; Kerry Kennedy, who
7021
1 has been amazing throughout this whole struggle
2 for parity, for justice. And I know Michael
3 Aronson from the Daily News is also up in the
4 gallery, who has helped us really garner public
5 discourse and understand how dire it is that we
6 pass this bill.
7 You know, Cesar Chavez and Dolores
8 Huerta 50 years ago -- more than 50 years ago
9 started this national movement to recognize
10 workers -- who were mainly black, mainly
11 Mexican -- whether it was through sharecropping
12 or the braceros program. And I'm not going to
13 get into a history lesson, but recognizing the
14 humanity and the dignity of all work is very,
15 very important.
16 And I'm at a loss for words tonight,
17 because just so much work went into this bill.
18 And not just on my behalf, but from many other
19 Senators and many other activists and people.
20 And tonight I just want to dedicate my vote in
21 the affirmative to the greatest farmer I have
22 ever known, who is my grandfather, Jorge Julio
23 Londoño, a coffee farmer from Colombia.
24 Thank you.
25 ACTING PRESIDENT BAILEY: Senator
7022
1 Ramos to be recorded in the affirmative.
2 Senator Flanagan to explain his
3 vote.
4 SENATOR FLANAGAN: Thank you,
5 Mr. President.
6 I listened intently to the debate
7 and to the comments from all of my colleagues,
8 including extolling the virtues of a number of
9 the members of the Majority.
10 Senator Patty Ritchie chaired the
11 Agriculture Committee for eight years. Senator
12 Rob Ortt is the ranking Republican on that
13 committee right now. I'll match their talent,
14 their experience, their stick-to-it-iveness and
15 their knowledge on these issues with anybody,
16 Democratic or Republican, Assembly or Senate.
17 For many, many years, since we're
18 bringing up history -- many, many years -- the
19 New York State Senate Republican Conference
20 promoted agriculture far more than anyone else.
21 Virtually every single year we would see budget
22 cuts, we would see one-house budgets, the
23 Assembly would do nothing. The Senate would put
24 all the money back in and promote programs
25 involving agriculture.
7023
1 So there's been a lot of work done
2 in recognition. And I have to say the only area
3 in state government, in my opinion, where the
4 rate of return is higher than with libraries --
5 every dollar we put into libraries, the return is
6 exponential. But it pales in comparison to what
7 we put into agriculture and what we get back. In
8 reality, what we invest in terms of state tax
9 dollars is really a pittance. And yet, God,
10 these people produce and make all of our lives
11 better every single day.
12 I don't know exactly how many farms
13 I have in my district because if I have -- I
14 don't have a lot. Maybe a handful. But I have
15 traveled, and I have listened to my colleagues,
16 having made some visits -- I made some visits.
17 It doesn't make me a savant, it doesn't make me
18 an expert, it doesn't make me anything special.
19 I was treated graciously and courteously and
20 every place I went, I was like, Man, these people
21 work hard. You just meet them, you shake their
22 hands, you look at them -- they are the
23 hardest-working group of people I've ever met.
24 And by that I'm meaning the farmers and the
25 farmers' employees. Everybody, without
7024
1 exception.
2 Now, Senator Savino, I did not have
3 the luxury of having a cow lick the back of my
4 head or whatever happened to you. But I did
5 visit a dairy farm with Senator Ritchie in her
6 district. I'm still in awe that these cows ate
7 110 pounds of food a day and drank 50 gallons of
8 water. I distinctly remember visiting and the
9 learning from that experience. But listening
10 very, very carefully to my colleagues.
11 Now, Senator Savino mentioned my
12 name. I was the sponsor of the farmworkers bill.
13 One of my colleagues said to me, "It might be a
14 good idea if you took this bill." Whoa. Man,
15 did I learn a lot. And at the time, here was the
16 order: Day of rest, overtime, and collective
17 bargaining. Day of rest was the easiest and yet
18 it was almost insurmountable in and of itself.
19 So that was the order at the time.
20 Again, day of rest, overtime, collective
21 bargaining. And I actually tried to work to
22 potentially get something done. And at that time
23 we came close to a day of rest. We didn't come
24 close to overtime, we didn't come close to
25 collective bargaining.
7025
1 And I do know the last time the
2 Democrats were in charge, they didn't do a bill
3 like this. They didn't do it because they didn't
4 have the votes. Just didn't have the votes.
5 That shows you how tough the issue was then and
6 how tough it is now.
7 So I had a good education, even
8 though I have a handful of farms in my district.
9 The real thing I want to focus on --
10 and I truly want to compliment my colleagues who
11 asked very pertinent, very probing questions as
12 representatives of their districts, and they did
13 a superb job. And by the way, it's not isolated
14 to tonight or last week or a year ago. It's
15 career-long for the people who are involved.
16 I want to talk about the wage board.
17 And this is something I actually feel like I know
18 as much about as anybody in this room. I was
19 intimately involved -- along with a lot of
20 people, but I was intimately involved in the wage
21 board involving the minimum wage.
22 A wage board scares the hell out of
23 me. It scares the hell out of me because I saw
24 exactly what happened on minimum wage. The
25 Governor put together the fast food wage board
7026
1 {snapping fingers} like that. They came up with
2 a decision lickety-split.
3 I didn't like this decision. A lot
4 of people didn't like the decision. And it
5 foisted public policy in areas of the state that
6 created some dialogue on the minimum wage. But
7 here's the real point. When we negotiated
8 minimum wage, to be clear, part of that agreement
9 was that the actions previously taken by the wage
10 board were to go away. They were to go away, and
11 nothing else was to happen until -- on any action
12 by a wage board until the minimum wage was fully
13 implemented.
14 Ladies and gentlemen, that didn't
15 happen. They broke their word, and that
16 commitment was not met. And that was big. That
17 was big. Because it separated two classes of
18 workers here in the State of New York. I
19 remember coming back to my colleagues in our
20 conference and these questions were raised, and I
21 couldn't say to them, yes, the administration
22 kept their word. Yes, the wage board rescinded
23 the actions that they had previously taken based
24 on an agreement.
25 I have grave concerns and tremendous
7027
1 apprehension that the people in this -- not the
2 people in this room. I don't have to agree with
3 anyone in terms of everything or anything that
4 they advocate. But that wage board, they can do
5 whatever the heck they want. And the way this is
6 structured I think that is exactly, exactly what
7 is going to happen. And in that respect, I do
8 not believe that that will be in the best
9 interests of the people that many of my
10 colleagues represent.
11 You know, when I listen to somebody
12 like a Mike Ranzenhofer or a Patty Ritchie or a
13 Diane Savino or Senator Ramos, if things are
14 going well in each your respective districts,
15 that's good for me. That's good for the people I
16 represent. I'm looking at Shelley Mayer. If
17 things are going well in the educational area in
18 your district, that's good for me and for
19 everyone else.
20 So we all take these things
21 seriously. My overarching concern is with this
22 wage board. I think they have the great
23 potential to act ultra-virus and come up with
24 public policy that will be deleterious and
25 detrimental, not only in the short term but the
7028
1 long term.
2 Mr. President, thank you for the
3 indulgence. I vote no.
4 ACTING PRESIDENT BAILEY: Senator
5 Flanagan to be recorded in the negative.
6 Majority Leader Andrea
7 Stewart-Cousins to close.
8 SENATOR STEWART-COUSINS: Thank you
9 so much, Mr. President.
10 Once again we stand here doing
11 something that, as my good colleague Senator
12 Flanagan said, we've been trying to do for a
13 mighty long time. The charge of making sure that
14 people had respect and dignity at work, overtime,
15 making sure that the farmworkers and the farmers
16 and the farms thrive has been begged by so many
17 for so long, coming year after year to this
18 chamber, asking if you can't do everything,
19 please do something.
20 And as people tried year after
21 year -- and again, we look up in the gallery, the
22 same faces for decades who came and said, Please,
23 how about a bathroom? How about a day off?
24 Those same things that Senator Flanagan
25 mentioned, today we are still talking about in
7029
1 this chamber. And that's why we have to act.
2 That's why something has to -- you know, we can't
3 keep having the same conversations, knowing that
4 there's something we could do.
5 And that's why I was so happy when
6 Senator Ramos, who has a big background in labor,
7 joined Senator Metzger, who understands
8 agriculture, and decided that it was really,
9 really imperative to engage in this issue so that
10 we don't keep the treadmill continually recycling
11 the same issues.
12 And I told her she had to travel
13 wide and talk to a lot of people and figure out a
14 little bit more. And she was so excited. And
15 you know how sometimes you get you think that
16 somebody has already figured out the answer
17 because they already know certain things? I
18 didn't know because she was new whether or not
19 she was this person who had already kind of
20 figured it out and was just going to go through
21 the motions. But that's not who she is. She
22 decided that she was just going to throw herself
23 into making this make sense.
24 And here we are. Here we are.
25 We've moved the ball forward. We have decided
7030
1 that as we find ways to support our farms and our
2 farmers, we can also find ways to support the
3 people who work the farm.
4 And we don't want to go through the
5 history, but we know the history. There were
6 certain people who never deserved to get paid,
7 never deserved to have rest, never deserved to be
8 able to enjoy the fruits of their labor. We know
9 that history. But this is a history-making
10 chamber, and we came to make some different
11 history. And that's what we're doing.
12 And I understand why one would be
13 concerned about, you know, things that are
14 different and changed. And whether you're
15 worried about wage boards and how that works, and
16 we have spent so much time -- and I give credit
17 also to the AFL-CIO, who came to the table.
18 Because, you know, they wanted a lot of different
19 things. And so there was movement everywhere,
20 movement everywhere to get to this place.
21 And because we're at this place, I
22 think you all know by now, we don't just do
23 something and walk away. We don't have a -- this
24 is not, you know, Farm Day and then we won't
25 visit it again. We will pay attention, because
7031
1 we understand farms equal food and we understand
2 that food is our sustenance, that's what makes it
3 all go. Nobody is trying not to support farms.
4 Nobody is trying not to support farmworkers.
5 And I know that my colleagues across
6 the aisle will work with us to make sure that
7 this moment of change is a change that will be
8 impactful in a positive way. And as we work
9 together, we will make sure to do more to protect
10 our farms and our farmers and, yes, the
11 farmworkers.
12 So I want to thank Ms. Ramos. I
13 want to thank Senator Metzger, who will never let
14 us ignore agriculture and farming. And I want to
15 thank my colleagues again who are changing,
16 changing things for the better for the people of
17 New York and the way they grow food and how the
18 people who grow them get to work.
19 I vote aye.
20 ACTING PRESIDENT BAILEY: Majority
21 Leader Stewart-Cousins to be recorded in the
22 affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1664, those Senators voting in
7032
1 the negative are Senators Akshar, Amedore,
2 Antonacci, Boyle, Flanagan, Funke, Gallivan,
3 Griffo, Helming, Jacobs, Jordan, Lanza, LaValle,
4 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
5 Robach, Serino, Seward and Tedisco.
6 Ayes, 40. Nays, 22.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 (Cheers; extended standing ovation.)
10 ACTING PRESIDENT BAILEY: Senator
11 Gianaris, that completes the reading of the
12 controversial calendar.
13 Order in the chamber, please.
14 SENATOR GIANARIS: Thank you,
15 Mr. President.
16 Mr. President, I believe there are a
17 series of privileged resolutions at the desk.
18 Can we please take them up.
19 ACTING PRESIDENT BAILEY: The
20 Secretary will read.
21 THE SECRETARY: Senate Resolution
22 2139, by Senator Stewart-Cousins --
23 ACTING PRESIDENT BAILEY: Excuse
24 me. Some order in the chamber, please.
25 THE SECRETARY: Senate Resolution
7033
1 2139, by Senator Stewart-Cousins, establishing a
2 plan setting forth an itemized list of grantees
3 for certain appropriations for the 2019-2020
4 state fiscal year for additional grants-in-aid to
5 certain school districts, public libraries, and
6 not-for-profit instruction.
7 ACTING PRESIDENT BAILEY: The
8 question is on the resolution. All those in
9 favor signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT BAILEY: Opposed,
12 nay.
13 (No response.)
14 ACTING PRESIDENT BAILEY: The
15 resolution is adopted.
16 The Secretary will read.
17 THE SECRETARY: Senate Resolution
18 Number 2140, by Senator Stewart-Cousins,
19 establishing a plan setting forth an itemized
20 list of grantees for a certain appropriation for
21 the 2019-2020 state fiscal year for the Office
22 for New Americans for additional expenses and
23 services related to programs which assist
24 non-citizens.
25 ACTING PRESIDENT BAILEY: The
7034
1 question is on the resolution. All those in
2 favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT BAILEY: Opposed,
5 nay.
6 (Response of "Nay.")
7 ACTING PRESIDENT BAILEY: The
8 resolution is adopted.
9 The Secretary will read.
10 THE SECRETARY: Senate Resolution
11 2141, by Senator Stewart-Cousins, establishing a
12 plan setting forth an itemized list of grantees
13 for a certain appropriation for the 2019-2020
14 state fiscal year for grants-in-aid for drug,
15 violence, and crime control and prevention
16 programs.
17 ACTING PRESIDENT BAILEY: The
18 question is on the resolution. All those in
19 favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT BAILEY: Opposed,
22 nay.
23 (Response of "Nay.")
24 ACTING PRESIDENT BAILEY: The
25 resolution is adopted.
7035
1 THE SECRETARY: Senate Resolution
2 Number 2142, by Senator Stewart-Cousins,
3 establishing a plan setting forth a methodology
4 for allocating certain appropriations for the
5 2019-2020 state fiscal year for services and
6 expenses related to women's health issues.
7 ACTING PRESIDENT BAILEY: The
8 question is on the resolution. All in favor
9 signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT BAILEY: Opposed,
12 nay.
13 (Response of "Nay.")
14 ACTING PRESIDENT BAILEY: The
15 resolution is adopted.
16 THE SECRETARY: Senate Resolution
17 Number 2143, by Senator Stewart-Cousins,
18 establishing a plan setting forth a methodology
19 for allocating certain appropriations for the
20 2019-2020 state fiscal year for services and
21 expenses related to public health programs.
22 ACTING PRESIDENT BAILEY: The
23 question is on the resolution. All those in
24 favor signify by saying aye.
25 (Response of "Aye.")
7036
1 ACTING PRESIDENT BAILEY: Opposed,
2 nay.
3 (Response of "Nay.")
4 ACTING PRESIDENT BAILEY: The
5 resolution is adopted.
6 THE SECRETARY: Senate Resolution
7 Number 2144, by Senator Stewart-Cousins, amending
8 Senate Resolution 5912 of 2018 establishing a
9 plan setting forth an itemized list of grantees
10 for the New York State Economic Development
11 Assistance Program.
12 ACTING PRESIDENT BAILEY: The
13 question is on the resolution. All those in
14 favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT BAILEY: Opposed,
17 nay.
18 (Response of "Nay.")
19 ACTING PRESIDENT BAILEY: The
20 resolution is adopted.
21 Senator Gianaris.
22 SENATOR GIANARIS: Okay,
23 Mr. President, at this time we're going to break
24 for respective party conferences.
25 So there will be an immediate
7037
1 Democratic Conference in Room 332, but I do want
2 to notify everyone that there will be a
3 Rules Committee meeting at 11:00 p.m. in
4 Room 332.
5 So please make those announcements,
6 and recognize Senator Griffo for an announcement
7 on his side of the aisle.
8 ACTING PRESIDENT BAILEY: There
9 will be an immediate meeting of the
10 Democratic Conference in Room 332, followed by a
11 Rules Committee meeting at 11:00 p.m.
12 Senator Griffo.
13 SENATOR GRIFFO: Mr. President,
14 there will be an immediate meeting of the
15 Republican Conference in Room 315.
16 ACTING PRESIDENT BAILEY: Immediate
17 meeting of the Republican Conference in Room 315.
18 Senator Gianaris.
19 SENATOR GIANARIS: The Senate
20 stands at ease.
21 ACTING PRESIDENT BAILEY: The
22 Senate stands at ease.
23 (Whereupon, the Senate stood at ease
24 at 9:58 p.m.)
25 (Whereupon, the Senate reconvened at
7038
1 11:23 p.m.)
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 Senator Gianaris.
5 SENATOR GIANARIS: Mr. President,
6 can we return to reports of standing committees.
7 I believe there's a report of the
8 Rules Committee at the desk.
9 ACTING PRESIDENT BENJAMIN: There
10 is a report of the Rules Committee at the desk.
11 The Secretary will read.
12 THE SECRETARY: Senator
13 Stewart-Cousins, from the Committee on Rules,
14 reports the following bills:
15 Senate Print 1073A, by Senator
16 Rivera, an act to amend the Public Health Law;
17 Senate Print 1733, by
18 Senator Jacobs, an act to amend the General
19 Municipal Law;
20 Senate Print 1765, by Senator Ortt,
21 an act to amend the Tax Law;
22 Senate Print 1944A, by Senator
23 Little, an act to amend the Real Property Law;
24 Senate Print 2080, by Senator Ortt,
25 an act to amend the Tax Law;
7039
1 Senate Print 2503, by
2 Senator Helming, an act to amend the Tax Law and
3 the Social Services Law;
4 Senate Print 2634, by
5 Senator Krueger, an act to amend the
6 Public Housing Law;
7 Senate Print 2682, by Senator Mayer,
8 an act related to establishing the Flood
9 Mitigation and Prevention Task Force;
10 Senate Print 2826, by Senator Ortt,
11 an act to amend the Tax Law;
12 Senate Print 2836C, by
13 Senator Savino, an act to amend the
14 Domestic Relations Law and the Family Court Act;
15 Senate Print 3191, by Senator
16 Kennedy, an act to amend the Labor Law;
17 Senate Print 3659, by
18 Senator Gounardes, an act to amend the
19 Retirement and Social Security Law;
20 Senate Print 3686B, by Senator
21 Biaggi, an act to amend the Banking Law;
22 Senate Print 3759, by
23 Senator Kennedy, an act to authorize the widow of
24 William James Middlebrooks to file a retirement
25 option election form;
7040
1 Senate Print 3887A, by
2 Senator Stavisky, an act to amend the
3 Executive Law;
4 Senate Print 4040A, by
5 Senator LaValle, an act to amend the Town Law and
6 the Tax Law;
7 Senate Print 4083A, by
8 Senator Gounardes, an act to amend the Town Law;
9 Senate Print 4423, by
10 Senator Robach, an act to amend the Public Health
11 Law, the Tax Law, and the State Finance Law;
12 Senate Print 4629A, by
13 Senator Breslin, an act to amend the
14 Real Property Law;
15 Senate Print 4637A, by
16 Senator Montgomery, an act to amend the
17 Public Health Law;
18 Senate Print 4827B, by Senator
19 Thomas, an act to amend the Civil Practice Law
20 and Rules and the Judiciary Law;
21 Senate Print 5073A, by
22 Senator Mayer, an act to amend the Education Law;
23 Senate Print 5150B, by Senator
24 Harckham, an act to amend the Public Health Law;
25 Senate Print 5180A, by
7041
1 Senator Mayer, an act to amend the Election Law;
2 Senate Print 5211A, by
3 Senator Breslin, an act to amend the Lien Law;
4 Senate Print 5254A, by
5 Senator Breslin, an act to amend the
6 Real Property Tax Law;
7 Senate Print 5484B, by
8 Senator O'Mara, an act to amend the Highway Law;
9 Senate Print 5667A, by
10 Senator Thomas, an act to authorize the assessor
11 of the County of Nassau to accept an application
12 for exemption from real property taxes;
13 Senate Print 5698A, by Senator May,
14 an act to amend the County Law and the Tax Law;
15 Senate Print 5828A, by Senator
16 Serino, an act to amend the Executive Law;
17 Senate Print 5898D, by
18 Senator Gaughran, an act to amend the Retirement
19 and Social Security Law;
20 Senate Print 5918A, by
21 Senator Comrie, an act to amend the Tax Law;
22 Senate Print 5958, by Senator May,
23 an act to amend the Elder Law;
24 Senate Print 6012A, by
25 Senator Kennedy, an act to amend the Vehicle and
7042
1 Traffic Law;
2 Senate Print 6013, by
3 Senator Kennedy, an act to amend the Penal Law;
4 Senate Print 6081, by
5 Senator Hoylman, an act to amend the
6 General Obligations Law;
7 Senate Print 6212A, by Senator
8 Kennedy, an act to amend the Insurance Law;
9 Senate Print 6213A, by
10 Senator Jordan, an act to amend the Highway Law;
11 Senate Print 6219A, by
12 Senator Benjamin, an act to amend the
13 Real Property Tax Law;
14 Senate Print 6265A, by
15 Senator Gianaris, an act to amend the Labor Law;
16 Senate Print 6301, by
17 Senator Sanders, an act to amend the Public
18 Authorities Law;
19 Senate Print 6306, by
20 Senator Little, an act to amend the County Law;
21 Senate Print 6324, by
22 Senator Gounardes, an act to amend the
23 Real Property Tax Law;
24 Senate Print 6326, by
25 Senator Parker, an act to amend the Public
7043
1 Service Law;
2 Senate Print 6345, by Senator
3 Ritchie, an act to amend the Public Officers Law;
4 Senate Print 6367, by Senator
5 Gounardes, an act to amend Chapter 504 of the
6 Laws of 2009;
7 Senate Print 6412, by Senator
8 Kavanagh, an act to amend the Public Housing Law;
9 Senate Print 6420, by Senator
10 Seward, an act relating to the miscalculation of
11 benefits paid to Katherine Sweeney;
12 Senate Print 6442, by
13 Senator Addabbo, an act to amend the Chapter 239
14 of the Laws of 1995;
15 Senate Print 6444, by
16 Senator Thomas, an act to amend the County Law
17 and the New York City Charter;
18 Senate Print 6511, by
19 Senator Parker, an act to amend the Real Property
20 Tax Law;
21 Senate Print 6552, by
22 Senator Skoufis, an act to amend the
23 Civil Practice Law and Rules;
24 Senate Print 6566, by Senator
25 Kavanagh, an act to amend the Hudson Park Act;
7044
1 Senate Print 6588B, by Senator
2 Brooks, an act authorizing the Commissioner of
3 Education to appoint a monitor to oversee the
4 Wyandanch Union Free School District; and
5 Senate Print 6593, by Senator
6 Gallivan, an act to amend the County Law.
7 All bills ordered direct to third
8 reading.
9 SENATOR GIANARIS: Move to accept
10 the report of the Rules Committee.
11 ACTING PRESIDENT BENJAMIN: All in
12 favor of accepting the report of the
13 Rules Committee signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT BENJAMIN:
16 Opposed, nay.
17 (No response.)
18 ACTING PRESIDENT BENJAMIN: The
19 Rules Committee report is accepted.
20 SENATOR GIANARIS: Mr. President,
21 can we please take up the reading of Supplemental
22 Calendar 59B.
23 ACTING PRESIDENT BENJAMIN: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
7045
1 1751, Senate Print 1073A, by Senator Rivera, an
2 act to amend the Public Health Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar Number 1751, those recorded in the
14 negative are Senators Amedore, Antonacci, Boyle,
15 Flanagan, Funke, Gallivan, Griffo, Helming,
16 Jordan, Lanza, LaValle, Little, O'Mara, Ortt,
17 Ranzenhofer, Ritchie, Robach and Seward.
18 Ayes, 44. Nays, 18.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1752, Senate Print 1733, by Senator Jacobs, an
23 act to amend the General Municipal Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
7046
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 There is a substitution at the desk.
12 The Secretary will read.
13 THE SECRETARY: Senator Ortt moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 2163 and substitute it for
16 the identical Senate Bill 1765, Third Reading
17 Calendar 1753.
18 ACTING PRESIDENT BENJAMIN: The
19 substitution is so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1753, Assembly Print Number 2163, by
23 Assemblymember Morinello, an act to amend the
24 Tax Law.
25 ACTING PRESIDENT BENJAMIN: Read
7047
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first day of the
4 month next succeeding the date on which it shall
5 have become a law.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1753, those Senators voting in
13 the negative are Senators Antonacci, Brooks,
14 Gaughran, Harckham, Helming, Jacobs, Kaplan,
15 Lanza, Martinez, Metzger, Serino, Skoufis and
16 Thomas.
17 Ayes, 49. Nays, 13.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 There is a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Little
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 1569A and substitute it for
25 the identical Senate Bill 1944A, Third Reading
7048
1 Calendar 1754.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1754, Assembly Print Number 1569A, by
7 Assemblymember Jones, an act to amend the Real
8 Property Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 There is a substitution at the desk.
22 The Secretary will read.
23 THE SECRETARY: Senator Ortt moves
24 to discharge, from the Committee on Rules,
25 Assembly Bill Number 2236 and substitute it for
7049
1 the identical Senate Bill 2080, Third Reading
2 Calendar 1755.
3 ACTING PRESIDENT BENJAMIN: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1755, Assembly Print Number 2236, by
8 Assemblymember Norris, an act to amend the
9 Tax Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1755, those Senators voting in
21 the negative are Senators Antonacci, Brooks,
22 Gaughran, Griffo, Harckham, Helming, Jacobs,
23 Kaplan, Lanza, Martinez, Metzger, O'Mara, Serino,
24 Skoufis, Tedisco and Thomas.
25 Ayes, 46. Nays, 16.
7050
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 There is a substitution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Senator Helming
6 moves to discharge, from the Committee on Rules,
7 Assembly Bill Number 2456 and substitute it for
8 the identical Senate Bill 2503, Third Reading
9 Calendar 1756.
10 ACTING PRESIDENT BENJAMIN: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1756, Assembly Print Number 2456, by
15 Assemblymember Solages, an act to amend the
16 Tax Law and the Social Services Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
7051
1 THE SECRETARY: In relation to
2 Calendar Number 1756, voting in the negative:
3 Senator Antonacci.
4 Ayes, 61. Nays, 1.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1757, Senate Print 2634, by Senator Krueger, an
9 act to amend the Public Housing Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1757, those Senators voting in
21 the negative are Senators Akshar, Amedore,
22 Antonacci, Griffo, Helming, Jacobs, Jordan,
23 Kennedy, Lanza, LaValle, Martinez, O'Mara, Ortt,
24 Ranzenhofer, Serino and Tedisco.
25 Ayes, 46. Nays, 16.
7052
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 There is a substitution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Senator Mayer moves
6 discharge, from the Committee on Rules, Assembly
7 Bill Number 7456A and substitute it for the
8 identical Senate Bill Number 2682, Third Reading
9 Calendar 1758.
10 ACTING PRESIDENT BENJAMIN: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1758, Assembly Print Number 7456A, by
15 Assemblymember Otis, an act relating to
16 establishing the Flood Mitigation and Prevention
17 Task Force.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
7053
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 1758, voting in the negative:
4 Senator Akshar.
5 Ayes, 61. Nays, 1.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 There is a substitution at the desk.
9 The Secretary will read.
10 THE SECRETARY: Senator Ortt moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 3271 and substitute it for
13 the identical Senate Bill Number 2826, Third
14 Reading Calendar 1759.
15 ACTING PRESIDENT BENJAMIN: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1759, Assembly Print Number 3271, by
20 Assemblymember Morinello, an act to amend the
21 Tax Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first day of the
7054
1 month next succeeding the date on which it shall
2 have become a law.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 1759, those Senators voting in
10 the negative are Senators Antonacci, Brooks,
11 Gaughran, Harckham, Helming, Jacobs, Kaplan,
12 Lanza, LaValle, Martinez, Metzger, O'Mara,
13 Skoufis, Tedisco and Thomas.
14 Ayes, 47. Nays, 15.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1760, Senate Print 2836C, by Senator Savino, an
19 act to amend the Domestic Relations Law and the
20 Family Court Act.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 30th day after it
25 shall have become a law.
7055
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1761, Senate Print 3191, by Senator Kennedy, an
11 act to amend the Labor Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1761, those Senators voting in
24 the negative are Senators Akshar, Amedore,
25 Antonacci, Flanagan, Gallivan, Griffo, Helming,
7056
1 Jacobs, Jordan, Lanza, LaValle, Little, O'Mara,
2 Ortt, Ranzenhofer, Serino, Seward and Tedisco.
3 Also Senator Ritchie and Senator Funke.
4 Ayes, 42. Nays, 20.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 There is a substitution at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator Gounardes
10 moves to discharge, from the Committee on Rules,
11 Assembly Bill Number 5940 and substitute it for
12 the identical Senate Bill 3659, Third Reading
13 Calendar 1762.
14 ACTING PRESIDENT BENJAMIN: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1762, Assembly Print Number 5940, by
19 Assemblymember Abbate, an act to amend the
20 Retirement and Social Security Law.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
7057
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1763, Senate Print 3686B, by Senator Biaggi, an
10 act to amend the Banking Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the 180th day after it
15 shall have become a law.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1764, Senate Print 3759, by Senator Kennedy, an
7058
1 act to authorize the widow of William James
2 Middlebrooks to file a retirement option election
3 form.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1765, Senate Print 3887A, by Senator Stavisky, an
18 act to amend the Executive Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of September.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7059
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1765, those Senators voting in
5 the negative are Senators Akshar, Amedore,
6 Antonacci, Boyle, Flanagan, Funke, Griffo,
7 Helming, Jacobs, Jordan, Lanza, LaValle, Little,
8 O'Mara, Ortt, Ranzenhofer and Tedisco. Also
9 Senator Gallivan. Also Senator Serino.
10 Ayes, 43. Nays, 19.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 There is a substitution at the desk.
14 The Secretary will read.
15 THE SECRETARY: Senator LaValle
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 4941B and substitute it for
18 the identical Senate Bill Number 4040A, Third
19 Reading Calendar 1766.
20 ACTING PRESIDENT BENJAMIN: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1766, Assembly Print Number 4941B, by
25 Assemblymember Thiele, an act to amend the
7060
1 Town Law and the Tax Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1766, those Senators voting in
13 the negative are Senators Akshar, Amedore,
14 Antonacci, Brooks, Gaughran, Helming, Jacobs,
15 Jordan, Kaplan, Kennedy, Lanza, Martinez, O'Mara,
16 Ranzenhofer, Serino, Skoufis, Tedisco and Thomas.
17 Ayes, 44. Nays, 18.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 There is a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Gounardes
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 5821A and substitute it for
25 the identical Senate Bill Number 4083A, Third
7061
1 Reading Calendar 1767.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1767, Assembly Print Number 5821A, by
7 Assemblymember Abbate, an act to amend the
8 Town Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1767, those Senators voting in
20 the negative are Senators Antonacci, Griffo and
21 Lanza.
22 Ayes, 59. Nays, 3.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 There is a substitution at the desk.
7062
1 The Secretary will read.
2 THE SECRETARY: Senator Robach
3 moves to discharge, from the Committee on Rules,
4 Assembly Bill Number 4481 and substitute it for
5 the identical Senate Bill Number 4423, Third
6 Reading Calendar 1768.
7 ACTING PRESIDENT BENJAMIN: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1768, Assembly Print Number 4481, by
12 Assemblymember Cusick, an act to amend the
13 Public Health Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
7063
1 THE SECRETARY: Calendar Number
2 1769, Senate Print 4629A, by Senator Breslin, an
3 act to amend the Real Property Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 There is a substitution at the desk.
17 The Secretary will read.
18 THE SECRETARY: Senator Montgomery
19 moves to discharge, from the Committee on Rules,
20 Assembly Bill Number 2957A and substitute it for
21 the identical Senate Bill Number 4637A, Third
22 Reading Calendar 1770.
23 ACTING PRESIDENT BENJAMIN: The
24 substitution is so ordered.
25 The Secretary will read.
7064
1 THE SECRETARY: Calendar Number
2 1770, Assembly Print Number 2957A, by
3 Assemblymember Richardson, an act to amend the
4 Public Health Law.
5 ACTING PRESIDENT BENJAMIN: Order
6 in the chamber, please.
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 180th day after it
10 shall have become a law.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1771, Senate Print 4827B, by Senator Thomas, an
21 act to amend the Civil Practice Law and Rules and
22 the Judiciary Law.
23 SENATOR GIANARIS: Lay it aside for
24 the day, please.
25 ACTING PRESIDENT BENJAMIN: Lay it
7065
1 aside for the day.
2 THE SECRETARY: Calendar Number
3 1772, Senate Print 5073A, by Senator Mayer, an
4 act to amend the Education Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect July 1, 2020.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1772, those Senators voting in
16 the negative are Senators Akshar, Antonacci,
17 Boyle, Flanagan, Griffo, Jordan, Lanza, LaValle,
18 O'Mara, Ortt, Ritchie, Serino, Seward and
19 Tedisco. Also Senator Funke.
20 Ayes, 47. Nays, 15.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1773, Senate Print 5150B, by Senator Harckham, an
25 act to amend the Public Health Law.
7066
1 SENATOR GIANARIS: Lay it aside for
2 the day, please.
3 ACTING PRESIDENT BENJAMIN: Lay it
4 aside for the day.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: Senator Mayer moves
8 to discharge, from the Committee on Elections,
9 Assembly Bill Number 5219 and substitute it for
10 the identical Senate Bill Number 5180A, Third
11 Reading Calendar 1774.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1774, Assembly Print Number 5219, by
17 Assemblymember Galef, an act to amend the
18 Election Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7067
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1774, voting in the negative:
5 Senator Helming.
6 Ayes, 61. Nays, 1.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1775, Senate Print 5211A, by Senator Breslin, an
11 act to amend the Lien Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 There is a substitution at the desk.
25 The Secretary will read.
7068
1 THE SECRETARY: Senator Breslin
2 moves to discharge, from the Committee on Rules,
3 Assembly Bill Number 8091 and substitute it for
4 the identical Senate Bill Number 5254A, Third
5 Reading Calendar 1776.
6 ACTING PRESIDENT BENJAMIN: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1776, Assembly Print Number 8091, by
11 Assemblymember Magnarelli, an act to amend the
12 Real Property Tax Law.
13 SENATOR GRIFFO: Lay it aside.
14 SENATOR GIANARIS: Lay it aside for
15 the day.
16 ACTING PRESIDENT BENJAMIN: Lay it
17 aside for the day.
18 Calendar 1777 is high and will be
19 laid aside for the day.
20 THE SECRETARY: Calendar Number
21 1778, Senate Print 5667A, by Senator Thomas, an
22 act to authorize the assessor of the County of
23 Nassau to accept an application for exemption
24 from real property taxes.
25 ACTING PRESIDENT BENJAMIN: Read
7069
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 1778, those Senators voting in
11 the negative are Senators Akshar, Amedore,
12 Antonacci and O'Mara.
13 Ayes, 58. Nays, 4.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1779, Senate Print 5698A, by Senator May, an act
18 to amend the County Law and the Tax Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7070
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1779, those Senators voting in
5 the negative are Senators Akshar, Antonacci,
6 Helming, Jacobs, Jordan, Lanza, Martinez, O'Mara,
7 Ortt, Serino and Tedisco. Also Senator Amedore.
8 Ayes, 50. Nays, 12.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 There is a substitution at the desk.
12 The Secretary will read.
13 THE SECRETARY: Senator Serino
14 moves to discharge, from the Committee on Rules,
15 Assembly Bill Number 6571A and substitute it for
16 the identical Senate Bill Number 5828A, Third
17 Reading Calendar 1780.
18 ACTING PRESIDENT BENJAMIN: The
19 substitution is so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1780, Assembly Print Number 6571A, by
23 Assemblymember Galef, an act to amend the
24 Executive Law.
25 ACTING PRESIDENT BENJAMIN: Read
7071
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1781, Senate Print 5918A, by Senator Comrie, an
14 act to amend the Tax Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 1781, voting in the negative:
7072
1 Senator LaValle.
2 Ayes, 61. Nays, 1.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: Senator May moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 7593 and substitute it for
10 the identical Senate Bill Number 5958, Third
11 Reading Calendar 1782.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1782, Assembly Print Number 7593, by
17 Assemblymember Bronson, an act to amend the
18 Elder Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 180th day after it
23 shall have become a law.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
7073
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 1782, voting in the negative:
6 Senator LaValle.
7 Ayes, 61. Nays, 1.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1783, Senate Print 6012A, by Senator Kennedy, an
12 act to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect one year after it shall
17 have become a law.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN: Senator
22 Kennedy to explain his vote.
23 SENATOR KENNEDY: Thank you,
24 Mr. President.
25 I appreciate the support of my
7074
1 colleagues that has been shown for this important
2 legislation that closes a major loophole and
3 protects some of our most visible public
4 employees.
5 Many riders of mass transit know
6 that it's a felony to assault a transit worker.
7 It's posted in buses and on trains across the
8 state. But several incidents have revealed a
9 significant gap in the law, including an attack
10 on an MTA plumber at a subway station last year.
11 The employee in question is a maintenance
12 supervisor, and when he was assaulted, the law
13 did not apply to his attacker.
14 It's wrong, and it needs to be
15 fixed. This is an easy fix for us here tonight.
16 This legislation amends the Penal Law and adds
17 supervisory employees of a transit system to the
18 list of individuals protected under assault in
19 the second degree.
20 This provides these individuals with
21 the same protections offered to train and bus
22 operators, ticket inspectors, conductors, signal
23 persons, station agents, station cleaners and
24 terminal cleaners.
25 Whether one works for the NFTA in
7075
1 Buffalo, the Centro in Syracuse, or the MTA in
2 New York, they deserve to be able to do their job
3 without worrying about their safety.
4 It's the right thing to do --
5 ACTING PRESIDENT BENJAMIN: Order
6 in the chamber, please.
7 SENATOR KENNEDY: -- and I want to
8 thank my colleagues for their support here
9 tonight.
10 ACTING PRESIDENT BENJAMIN: Order
11 in the chamber, please.
12 Senator Kennedy, continue.
13 SENATOR KENNEDY: Mr. President, I
14 thank Leader Stewart-Cousins for bringing this to
15 the floor, and I vote aye.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Kennedy to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 1783, those Senators voting in
21 the negative are Senators Antonacci, Boyle,
22 Flanagan, Funke, Gallivan, Griffo, Helming,
23 Jacobs, LaValle, O'Mara, Ortt, Ranzenhofer,
24 Ritchie, Serino, Seward and Tedisco.
25 Ayes, 46. Nays, 16.
7076
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1784, Senate Print 6013, by Senator Kennedy, an
5 act to amend the Penal Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day after it
10 shall have become a law.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 1784, those Senators voting in
18 the negative are Senators Little and Montgomery.
19 Ayes, 60. Nays, 2.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1785, Senate Print 6081, by Senator Hoylman, an
24 act to amend the General Obligations Law.
25 ACTING PRESIDENT BENJAMIN: Read
7077
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 31st of January.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 1785, those Senators voting in
11 the negative are Senators Amedore, Antonacci,
12 Boyle, Breslin, Funke, Gallivan, Gaughran,
13 Griffo, Helming, Jacobs, Lanza, LaValle, O'Mara,
14 Ortt, Ranzenhofer, Ritchie, Robach, Serino and
15 Tedisco.
16 Ayes, 43. Nays, 19.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Kennedy
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 670A and substitute it for
24 the identical Senate Bill Number 6212A, Third
25 Reading Calendar 1786.
7078
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1786, Assembly Print Number 670A, by
6 Assemblymember Bronson, an act to amend the
7 Insurance Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 8. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1787, Senate Print 6213A, by Senator Jordan, an
22 act to amend the Highway Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
7079
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1790, Senate Print 6301, by Senator Sanders, an
12 act to amend the Public Authorities Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 There is a substitution at the desk.
7080
1 The Secretary will read.
2 THE SECRETARY: Senator Little
3 moves to discharge, from the Committee on Rules,
4 Assembly Bill Number 8109 and substitute it for
5 the identical Senate Bill Number 6306, Third
6 Reading Calendar 1791.
7 ACTING PRESIDENT BENJAMIN:
8 Substitution so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1791, Assembly Print Number 8109, by
12 Assemblymember Woerner, an act to amend the
13 County Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
7081
1 There is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Gounardes
4 moves to discharge, from the Committee on Rules,
5 Assembly Bill Number 8138 and substitute it for
6 the identical Senate Bill Number 6324, Third
7 Reading Calendar 1792.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1792, Assembly Print Number 8138, by
13 Assemblymember Weprin, an act to amend the
14 Real Property Tax Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT BENJAMIN: The
7082
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1793, Senate Print 6326, by Senator Parker, an
4 act to amend the Public Service Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1794, Senate Print 6345, by Senator Ritchie, an
19 act to amend the Public Officers Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
7083
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Senator Gianaris.
8 SENATOR GIANARIS: Mr. President,
9 pursuant to Rule 5, without objection, I move
10 that we stay in session past the hour of
11 midnight.
12 ACTING PRESIDENT BENJAMIN: Without
13 objection, so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1795, Senate Print 6367, by Senator Gounardes, an
17 act to amend Chapter 504 of the Laws of 2009.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
7084
1 Announce the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1796, Senate Print 6412, by Senator Kavanagh, an
7 act to amend the Public Housing Law.
8 SENATOR GIANARIS: Lay it aside for
9 the day.
10 ACTING PRESIDENT BENJAMIN: Lay it
11 aside for the day.
12 THE SECRETARY: Calendar Number
13 1797, Senate Print 6420, by Senator Seward, an
14 act relating to the miscalculation of benefits
15 paid to Katherine Sweeney.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: In relation to
7085
1 Calendar Number 1797, recorded in the negative:
2 Senator Skoufis.
3 Ayes, 61. Nays, 1.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1798, Senate Print 6442, by Senator Addabbo, an
8 act to amend Chapter 239 of the Laws of 1995.
9 ACTING PRESIDENT BENJAMIN: There
10 is a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1799, Senate Print 6444, by Senator Thomas, an
24 act to amend the County Law and the New York City
25 Charter.
7086
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1799, those Senators voting in
12 the negative are Senators Amedore, Antonacci,
13 Boyle, Flanagan, Funke, Gallivan, Griffo,
14 Helming, Jacobs, Jordan, Lanza, LaValle, O'Mara,
15 Ortt, Ranzenhofer, Ritchie, Robach, Serino,
16 Seward and Tedisco.
17 Ayes, 42. Nays, 20.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1800, Senate Print 6511, by Senator Parker, an
22 act to amend the Real Property Tax Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
7087
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 1800, those Senators voting in the
9 negative are Senators Bailey, Gaughran and
10 Martinez.
11 Ayes, 59. Nays, 3.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1801, Senate Print 6552, by Senator Skoufis, an
16 act to amend the Civil Practice Law and Rules.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
7088
1 THE SECRETARY: In relation to
2 Calendar Number 1801, those Senators voting in
3 the negative are Senators Antonacci, Amedore,
4 Boyle, Breslin, Flanagan, Funke, Gallivan,
5 Griffo, Jacobs, Jordan, LaValle, O'Mara, Ortt,
6 Ranzenhofer, Ritchie, Robach, Serino, Seward and
7 Tedisco.
8 Ayes, 43. Nays, 19.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1802, Senate Print 6566, by Senator Kavanagh, an
13 act to amend the Hudson River Park Act.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1802, voting in the negative:
25 Senator May.
7089
1 Ayes, 61. Nays, 1.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 Calendar Number 1803 is high and
5 will be laid aside for the day.
6 Calendar Number 1804 is high and
7 will be laid aside for the day.
8 Calendar Number 1805 is high and
9 will be laid aside for the day.
10 Senator Gianaris, that completes the
11 reading of the supplemental calendar.
12 SENATOR GIANARIS: Mr. President, I
13 wish I was high, but it may have to wait another
14 year to get to that point, it sounds like.
15 (Laughter.)
16 SENATOR GIANARIS: If we could
17 return to motions.
18 On behalf of Senator Kavanagh, I
19 move that the following bill be discharged from
20 its respective committee and recommitted with
21 instructions to strike the enacting clause:
22 Senate Bill 6565.
23 ACTING PRESIDENT BENJAMIN: It is
24 so ordered.
25 SENATOR GIANARIS: There were also
7090
1 some bills we had earlier laid aside temporarily,
2 and I'd like to lay them aside for the day.
3 Calendar Numbers 1669, 1710 and 1732, please lay
4 aside those bills for the day.
5 ACTING PRESIDENT BENJAMIN: There
6 is a substitution at the desk. Could we do that
7 before we lay it aside?
8 The Secretary will read.
9 THE SECRETARY: Senator Comrie
10 moves to discharge, from the Committee on Rules,
11 Assembly Bill Number 8126A and substitute it for
12 the identical Senate Bill Number 6372A, Third
13 Reading Calendar 1669.
14 ACTING PRESIDENT BENJAMIN: The
15 substitution is so ordered.
16 The bills will be laid aside for the
17 day.
18 Senator Gianaris.
19 SENATOR GIANARIS: Is there any
20 further business at the desk?
21 ACTING PRESIDENT BENJAMIN: There
22 is no further business at the desk.
23 SENATOR GIANARIS: In that case I
24 move that we adjourn until tomorrow, Thursday,
25 June 20th, at 12:00 noon.
7091
1 There will be a Democratic
2 conference at 10:00 a.m. tomorrow.
3 ACTING PRESIDENT BENJAMIN: On
4 motion, and without objection, the Senate stands
5 adjourned until Thursday, June 20th, at
6 12:00 noon.
7 There will be a Democratic
8 conference at 10:00 a.m.
9 (Whereupon, at 12:08 a.m., the
10 Senate adjourned.)
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