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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