Monday, April 27, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 27, 2009 11 3:30 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise with me and recite the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: The 10 invocation today will be delivered by Father 11 Peter G. Young, of Mother Theresa Community in 12 Albany. 13 REVEREND YOUNG: Thank you. 14 Thank you, Senator. 15 Let us pray. 16 God never fails to provide our 17 citizens with dedicated Senators. May God 18 pour forth His blessing on our legislators and 19 provide them with the spirit of courage to 20 accept the many demands of their elected 21 offices. 22 Today's announcement of our John 23 Marchi's death brings back warm memories of 24 his fifty years of the service to the state

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(518) 371-8910 1 and this chamber as the longest-serving 2 legislator in our entire country. He 3 respected all opinions expressed on the Senate 4 floor, and he was always eager to, again, 5 welcome not just his constituents but all 6 others. 7 His warmth and intelligence will be 8 missed by all of those members who have served 9 with him in this chamber but will be always 10 then holding him up as the example of the most 11 dedicated public servant that he was. 12 God has given us a marvelous 13 example of charity and called us then to love 14 one another. Send down Your blessing on Your 15 Senators who graciously and generously devote 16 themselves to helping our New York State 17 citizens. 18 Amen. 19 ACTING PRESIDENT VALESKY: Thank 20 you, Father. 21 The reading of the Journal. 22 The Secretary will read. 23 THE SECRETARY: In Senate, 24 Sunday, April 26, the Senate met pursuant to

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(518) 371-8910 1 adjournment. The Journal of Saturday, 2 April 25, was read and approved. On motion, 3 Senate adjourned. 4 ACTING PRESIDENT VALESKY: 5 Without objection, the Journal stands approved 6 as read. 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 Reports of select committees. 12 Communications and reports from 13 state officers. 14 Motions and resolutions. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 have two amendments. 18 The first is to restore an amended 19 Senate bill to its original previous print on 20 behalf of Senator Addabbo. I move to amend 21 Senate Bill Number 3254B by striking out the 22 amendments made on 4/21 and restoring it to 23 its previous print number, 3254A, on behalf of 24 Senator Addabbo.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: So 2 ordered. 3 SENATOR KLEIN: The second is a 4 motion to amend a bill on the calendar third 5 reading. On page number 12, I offer the 6 following amendments to Calendar Number 45, 7 Senate Print 1742, and ask that said bill 8 retain its place on the Third Reading 9 Calendar, on behalf of Senator Stavisky. 10 ACTING PRESIDENT VALESKY: So 11 ordered. 12 Senator Klein. 13 SENATOR KLEIN: Would you please 14 recognize Senator Libous. 15 ACTING PRESIDENT VALESKY: 16 Senator Libous. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 On behalf of Senator Little, I wish 20 to call up her bill, Print Number 739, 21 recalled from the Assembly, which is now at 22 the desk. 23 ACTING PRESIDENT VALESKY: The 24 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 57, by Senator Little, Senate Print 739, an 3 act to authorize. 4 SENATOR LIBOUS: Mr. President, I 5 now move to reconsider the vote by which this 6 bill was passed. 7 ACTING PRESIDENT VALESKY: Call 8 the roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 SENATOR LIBOUS: Mr. President, I 12 now offer up the following amendments. 13 ACTING PRESIDENT VALESKY: 14 Amendments received. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 believe Senator Libous has a resolution at the 18 desk. I ask that the resolution be read in 19 its entirety and move for its immediate 20 adoption and allow Senator Libous to speak on 21 his resolution. 22 ACTING PRESIDENT VALESKY: The 23 Secretary will read. 24 THE SECRETARY: By Senator

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(518) 371-8910 1 Libous, legislative resolution paying just 2 tribute and remembering the 13 victims who 3 lost their lives to a gunman during the 4 American Civic Association tragedy on Friday, 5 April 3, 2009. 6 "WHEREAS, This Legislative Body 7 recognizes the tragic incident that took place 8 at the American Civic Association in 9 Binghamton, New York, and the loss of life 10 that has been sustained by the victims as well 11 as the heartache and suffering of their loved 12 ones; and 13 "WHEREAS, 13 people, comprised of 14 two employees and 11 immigrants who were 15 inside the upstate New York immigration 16 center, were shot and killed by a single 17 gunman on Friday April 3, 2009; and 18 "WHEREAS, The community center was 19 used in great part to teach people from 20 countries as far away as Kazakhstan and 21 Uzbekistan to speak and write English, with 22 the goal of gaining U.S. citizenship; and 23 "WHEREAS, The deceased include 24 Parveen Nin Ali, Binghamton, New York; Dolores

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(518) 371-8910 1 Yigal, Binghamton, New York; Marc Henry 2 Bernard, Endicott, New York; Maria Sonia 3 Bernard, Endicott, New York; Li Guo, 4 Binghamton, New York; Hong Xiu Mao, Greene, 5 New York; Lan Ho, Binghamton, New York; Hai 6 Hong Zhong, Endwell, New York; Maria Zobniw, 7 Binghamton, New York; Roberta "Bobbie" King, 8 Binghamton, New York; Almir O. Alves; Jiang 9 Ling, Endicott, New York; and Layla Khalil, 10 Binghamton, New York; and 11 "WHEREAS, This Legislative Body is 12 moved with great respect and reverent esteem 13 to pay tribute to the heroic actions of each 14 and every victim, knowing that their memory 15 will forever remain with their families; and 16 "WHEREAS, Armed with a humanistic 17 spirit, imbued with a sense of compassion, and 18 comforted by loving families, each of these 19 13 brave individuals leaves behind a legacy 20 which will long endure the passage of time and 21 will remain as a comforting memory to all they 22 befriended; now, therefore, be it 23 "RESOLVED, That this Legislative 24 Body pause in its deliberations to pay just

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(518) 371-8910 1 tribute to the 13 victims who lost their lives 2 as the result of the senseless action of a 3 gunman during the American Civic Association 4 tragedy, and to express sincere condolences to 5 their families and the Binghamton community; 6 and be it further 7 "RESOLVED, That copies of this 8 resolution, suitably engrossed, be transmitted 9 to the families of the 13 victims." 10 ACTING PRESIDENT VALESKY: 11 Senator Libous. 12 SENATOR LIBOUS: Thank you, 13 Mr. President. 14 Mr. President, on April 3rd we were 15 all in this chamber debating budget bills, and 16 I got a call from the Governor, who shared 17 with me about the senseless killings that were 18 taking place in Binghamton at the time we were 19 in this chamber debating budget bills. 20 At that time he had not known the 21 severity of injuries or if anyone had lost 22 their life, but he told that there was a 23 gunman and that they believed that at that 24 time four people were killed.

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(518) 371-8910 1 Shortly thereafter, this house was 2 extremely gracious, under Senator Smith's 3 leadership, and allowed me to vote, and the 4 Governor and Senator Smith arranged for 5 transportation for me to go back to 6 Binghamton. 7 Mr. President, there were 8 13 victims. Eleven immigrants were killed, 9 men and women who came to this country for an 10 opportunity. They were taking a class in 11 English. They were learning how to speak 12 English so that they could contribute to this 13 country, our society, in the right way, in the 14 way that it's supposed to be done, not 15 illegally, but to become very proud legal 16 American citizens. 17 They were gunned down in the 18 English class. It was a horrific sight, 19 Mr. President. It was tragic, horrific, 20 shocking. You can't put into words what took 21 place that day. 22 Two other victims were employees. 23 Roberta "Bobbie" King, a well-established 24 teacher in the Binghamton School District who

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(518) 371-8910 1 volunteered and taught English classes at the 2 American Civic Association where the tragedy 3 took place, was killed in the classroom. 4 Another woman, Maria Zobniw, a worker who 5 wasn't supposed to work that day -- a very 6 proud member of the Ukrainian community, an 7 active worker, volunteer, participant at the 8 American Civic Association -- was also killed. 9 All heroes, in my estimation, all 10 the men and women, the two workers who wanted 11 to help others get a better life. Certainly 12 those who lost their lives in this tragedy 13 wanted to become what we all are, as American 14 citizens. They wanted a piece of the American 15 dream just like we've been able to share. 16 Mr. President, the American Civic 17 Association has for many, many years -- I 18 believe since 1939, and I may be off a few 19 years -- been the place in the Binghamton 20 area, the Triple Cities, where men and women 21 could come from another country -- like my 22 grandparents, who came from Lebanon, used the 23 services of the American Civic Association, 24 like thousands of others -- an organization

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(518) 371-8910 1 that helped people to share and become part of 2 that American dream. 3 Our community was shocked that day 4 and is still stunned. Binghamton, New York, 5 is a small town in upstate New York. It's a 6 wonderful place to live. I was born and 7 raised in the area, certainly lived in the 8 city for many, many years. My grandfather, 9 when he came to this country, opened up a 10 business, a grocery store, and it fed our 11 families for over fifty years. 12 It's a community that didn't expect 13 anything like this. And I'm sure that there 14 are no communities in our great country that 15 ever expect anything like this. 16 We have come together, the response 17 from the community, and certainly the men and 18 women and public officials, from the Governor 19 on down, and the charities that came to help, 20 everybody has come together to mourn and to 21 try to get through this tragedy. Our goal is 22 to make sure that the American Civic 23 Association can again be that beacon that will 24 open the door for those who choose to come to

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(518) 371-8910 1 this country and to get a little bit of that 2 American dream. 3 When I went back home and tried to 4 do whatever little I could do to help, on 5 Sunday -- the tragedy took place on a Friday. 6 On Sunday, there was a vigil mass. Several 7 thousand people attended. And it didn't 8 really hit me until I saw the members of the 9 families -- from all difficult religious 10 denominations, different countries, ethnic 11 backgrounds -- and I saw the children, the two 12 young kids who lost their mother and father. 13 That's when it really hit me. It hit me as to 14 what happens for them next. How do we take 15 care of them, how do we provide for them, how 16 do we give them that opportunity for the dream 17 that their mother and father or their loved 18 ones wanted? 19 And that's what our goal is, 20 Mr. President and members of this body. The 21 goal of our community is to try and make sure 22 that the family members do experience that 23 American dream to become citizens of this 24 country, to be able to enjoy this land, so

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(518) 371-8910 1 that the lives that were lost were not lost in 2 vain, that there was a purpose and there was a 3 real serious purpose. 4 So, Mr. President, I stand before 5 this body today with a very heavy heart for 6 the family members and certainly the two 7 workers who lost their lives on this very 8 tragic day in Binghamton. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Libous. 11 Are there any other Senators 12 wishing to be heard on the resolution? 13 Seeing none, the question is on the 14 resolution. All in favor signify by saying 15 aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT VALESKY: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT VALESKY: The 21 resolution is adopted. 22 At the request of Senator Libous, 23 the resolution is open for multisponsorship by 24 the entire Senate. Any member wishing not to

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(518) 371-8910 1 be a multisponsor should notify the desk. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, at 4 this time can we move to a reading of the 5 Senate Calendar Number 38. 6 ACTING PRESIDENT VALESKY: The 7 Secretary will proceed with a reading of 8 Senate Calendar Number 38. 9 THE SECRETARY: Calendar Number 10 116, by Senator Onorato, Senate Print 3357, an 11 act to amend the Labor Law, in relation to 12 providing notice. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the -- 17 SENATOR LIBOUS: Lay it aside, 18 please. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 139, by Senator L. Krueger, Senate Print 23 2967A, an act to amend the Real Property Law, 24 in relation to definition.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 161, by Senator Adams, Senate Print 2644B, an 13 act to amend Chapter 15 of the Laws of 1998 14 relating to authorizing. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 166, by Senator Stavisky -- 3 SENATOR LIBOUS: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: In relation to 7 Calendar Number 169, Senator Sampson moves to 8 discharge, from the Committee on Judiciary, 9 Assembly Bill Number 2578 and substitute it 10 for the identical Senate Bill Number 2975, 11 Third Reading Calendar 169. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 169, by Member of the Assembly Weinstein, 16 Assembly Print Number 2578, an act to repeal 17 Section 516 of the Family Court Act. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 Senator Klein, that completes the 5 noncontroversial reading of the calendar. 6 SENATOR KLEIN: Mr. President, 7 can we at this time move to a reading of the 8 controversial calendar. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will ring the bells. 11 I ask all members to proceed to the 12 chamber so that we may commence with the 13 controversial reading of the calendar. 14 The Secretary will continue. 15 THE SECRETARY: Calendar Number 16 116, by Senator Onorato, Senate Print 3357, an 17 act to amend the Labor Law. 18 SENATOR DeFRANCISCO: 19 Explanation. 20 ACTING PRESIDENT VALESKY: 21 Senator Onorato, an explanation has been 22 requested by Senator DeFrancisco. 23 SENATOR ONORATO: Mr. President, 24 this would require employers to give written

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(518) 371-8910 1 consent, notice to the rate of pay and the 2 regular payday upon hiring, and get written 3 acknowledgment thereof from each of the 4 employees. 5 This bill would allow workers to 6 know whether their paychecks properly show the 7 regular and overtime hourly wages that their 8 employers agreed to at the time of hiring. 9 Many workers are paid on a weekly 10 basis. They receive a paycheck showing a lump 11 sum for wages for their regular and overtime 12 work. This makes it difficult to know what 13 their overtime rate of pay is and whether 14 their employer has properly included overtime 15 in the paycheck. 16 The current law does not go far 17 enough to many employees, since employers can 18 just give verbal notice of the hourly rates at 19 the time of hiring. If the employee 20 understands the wage rates to which they are 21 entitled, it will help prevent confusion 22 between an employer and employee regarding 23 overtime pay. 24 This bill was introduced by the

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(518) 371-8910 1 Department of Labor because of widespread 2 violations throughout New York regarding 3 underpayment of regular and overtime wages to 4 workers. The bill will help the Commissioner 5 of Labor to better enforce the wage laws and 6 properly compute the overtime rate to which 7 the employee is entitled. 8 And I believe this bill was past 9 last year by the Assembly unanimously. 10 SENATOR DeFRANCISCO: Would 11 Senator Onorato respond to a couple of 12 questions, please. 13 ACTING PRESIDENT VALESKY: 14 Senator Onorato, do you yield? 15 SENATOR ONORATO: Yes, I will. 16 ACTING PRESIDENT VALESKY: The 17 sponsor yields. 18 SENATOR DeFRANCISCO: Senator 19 Onorato, presently every employer is required 20 to provide a pay stub with a paycheck to the 21 employee; is that not correct? 22 SENATOR ONORATO: It is. 23 SENATOR DeFRANCISCO: Would 24 Senator Onorato respond to another question?

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: 2 Senator, do you continue to yield? 3 SENATOR ONORATO: Yes. 4 ACTING PRESIDENT VALESKY: The 5 Senator yields. 6 SENATOR DeFRANCISCO: Senator 7 Onorato, is there anything preventing the 8 Department of Labor presently from making an 9 inquiry as to the rate of pay that an employer 10 pays to an employee as well as the rate of 11 overtime? 12 SENATOR ONORATO: No, there's 13 nothing to prevent them. 14 SENATOR DeFRANCISCO: And one 15 last question. 16 ACTING PRESIDENT VALESKY: 17 Senator, do you continue to yield? 18 SENATOR ONORATO: Yes, I do. 19 ACTING PRESIDENT VALESKY: The 20 sponsor yields. 21 SENATOR DeFRANCISCO: Isn't it 22 true, Senator Onorato, that at the time of 23 employment the law requires an employer to 24 inform the employee of his rate of pay and the

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(518) 371-8910 1 rate of any overtime pay? 2 SENATOR ONORATO: It is. 3 SENATOR DeFRANCISCO: Thank you, 4 Senator Onorato. 5 On the bill. 6 ACTING PRESIDENT VALESKY: 7 Senator DeFrancisco, on the bill. 8 SENATOR DeFRANCISCO: You know, 9 we have just gone through a budget process 10 which raised taxes on so many things and made 11 New York State even more inhospitable to 12 business. 13 I periodically voted against many 14 of the notice bills where you have to post 15 some kind of notice for this or post some kind 16 of notice for that, because in many instances 17 I believe it's just another onerous burden 18 placed upon people -- usually businesses in 19 this state -- that really is just an 20 unnecessary expense. And I've opposed 21 Republican bills as well along the same line. 22 We're now one of the least, I 23 think -- according to some groups, the second 24 least favorable state for business to operate

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(518) 371-8910 1 in. We're surpassed only by California. 2 Right now the law requires 3 individuals to be notified of their rate of 4 pay, notified of the overtime pay. They get a 5 pay stub which indicates their pay rate and 6 what pay they got. 7 The Department of Labor is also 8 allowed, under current law, to make any 9 inquiries they choose to make with respect to 10 an employment situation as to whether overtime 11 pay is being used. 12 To require an acknowledgment from 13 an employee in writing seems to me just 14 another piece of paper that has so little 15 importance. And whatever importance it might 16 have or benefit it might have is clearly 17 outweighed by another needless requirement of 18 employers in the State of New York. 19 If this was a school district, we'd 20 call it an unfunded mandate. What it 21 basically is is another cost to business which 22 either raises the product or ends up requiring 23 the employer to cut somewhere else. And it 24 may be that very employee or one of those very

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(518) 371-8910 1 employees' jobs who now really doesn't need an 2 acknowledgment to be produced and provided, 3 doesn't really need anything in writing that 4 isn't already provided through the pay stub. 5 And it just seems to me that this 6 is a bill that just adds to the cost of 7 business and will hasten our steps towards 8 being the least hospitable state for business 9 in this union. And that doesn't bode well for 10 employees. And employees is who we want. We 11 want to create jobs. And this is one of the 12 many little bills that makes it more difficult 13 for businesses to do that. 14 So when the time comes, I intend to 15 vote no. 16 ACTING PRESIDENT VALESKY: Thank 17 you, Senator DeFrancisco. 18 Senator Ranzenhofer. 19 SENATOR RANZENHOFER: Yes, 20 Mr. President. Will Senator Onorato yield to 21 a few questions? 22 ACTING PRESIDENT VALESKY: 23 Senator Onorato, do you yield? 24 SENATOR ONORATO: Yes, I do.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 sponsor yields. 3 SENATOR RANZENHOFER: Thank you. 4 Through you, Mr. President. When 5 you talked about the different types of rates 6 of pay that we're dealing with, does that also 7 apply to holiday pay? 8 SENATOR ONORATO: No, it would 9 just require that regular hourly pay and 10 overtime. The current law does not cover 11 overtime pay. It does not cover overtime. 12 SENATOR RANZENHOFER: It does not 13 cover overtime? 14 SENATOR ONORATO: It doesn't 15 cover the specifics of the time and a half. 16 And if the employee doesn't know about it, he 17 won't be able to complain about it. 18 SENATOR RANZENHOFER: Mr. 19 President, does an employee normally receive 20 overtime pay when he or she works on a 21 holiday? 22 SENATOR ONORATO: I can't hear 23 you. 24 SENATOR RANZENHOFER: Does an

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(518) 371-8910 1 employee usually receive overtime pay when he 2 or she works on a holiday? 3 SENATOR ONORATO: It all depends 4 on the contract that they're working for. Not 5 all pay time and a half for holidays, unless 6 maybe it's part of the union contract. 7 SENATOR RANZENHOFER: So holidays 8 would not be included in this bill? 9 SENATOR ONORATO: It's not 10 included in the bill, no. 11 SENATOR RANZENHOFER: Okay. And 12 one other question, through you, 13 Mr. President. 14 ACTING PRESIDENT VALESKY: 15 Senator Onorato, do you continue to yield? 16 SENATOR ONORATO: Yes, I do. 17 ACTING PRESIDENT VALESKY: The 18 sponsor yields. 19 SENATOR RANZENHOFER: When it 20 talks about a written acknowledgment, I know 21 that last week we were debating 22 acknowledgments and whether or not -- 23 normally, when you talk about an 24 acknowledgment, that has to be signed before a

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(518) 371-8910 1 notary public. That's the normal legal term 2 when something has to be acknowledged. 3 So when you use the written 4 acknowledgment here, does that document now 5 have to be notarized, as is normally meant by 6 a written acknowledgment in the law? 7 SENATOR ONORATO: It does not 8 have to be notarized. 9 SENATOR RANZENHOFER: Okay. 10 Thank you. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Ranzenhofer. 13 Senator Huntley. 14 SENATOR HUNTLEY: Yes, 15 Mr. President. 16 I would like to commend the Senator 17 for this bill. I think this bill -- in a lot 18 of communities where they have a large 19 immigration population, this happens. There 20 are many times when immigrants who collect 21 their paycheck or the hours that they're 22 working, they're denied. It's been in the 23 newspapers all over the city for the past ten 24 years.

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(518) 371-8910 1 And I think with a bill like this, 2 this would be helpful mainly to our immigrant 3 population. And I think it's a good bill, and 4 I will vote yes for it. 5 ACTING PRESIDENT VALESKY: Thank 6 you, Senator Huntley. 7 Senator Saland, on the bill. 8 SENATOR SALAND: Thank you, 9 Mr. President. Would Senator Onorato yield, 10 please? 11 ACTING PRESIDENT VALESKY: 12 Senator Onorato, do you yield? 13 SENATOR ONORATO: Yes, I do, 14 Mr. President. 15 ACTING PRESIDENT VALESKY: The 16 sponsor yields. 17 SENATOR SALAND: Senator 18 Onorato -- through you, Mr. President. 19 Senator Onorato, I don't see anything in this 20 bill that deals with the number of employees 21 that an employer must have before this 22 requirement is imposed upon them. 23 Is there any type of a threshold or 24 is any employer -- is an employer of one

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(518) 371-8910 1 person required to comply? 2 SENATOR ONORATO: Actually, it 3 doesn't cover that because -- 4 SENATOR SALAND: I'm sorry? 5 SENATOR ONORATO: It does not 6 state that, because under the current law it's 7 already covered. This is only a clarification 8 for the actual written notice. 9 SENATOR SALAND: So anybody -- 10 SENATOR ONORATO: Prior to this, 11 they could do it verbally. 12 SENATOR SALAND: I'm sorry? 13 SENATOR ONORATO: Prior to this 14 law, they could have done it verbally. 15 SENATOR SALAND: So anybody to 16 whom the current law applies would be subject 17 to your proposed changes? 18 SENATOR ONORATO: Yes. 19 SENATOR SALAND: And if the 20 Senator would continue to yield. 21 ACTING PRESIDENT VALESKY: 22 Senator Onorato, do you continue to yield? 23 SENATOR ONORATO: Yes, I will. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 sponsor yields. 2 SENATOR SALAND: Under the 3 existing law, the current law, is there a 4 threshold for number of employees who must 5 receive the current notice? 6 SENATOR ONORATO: No, not under 7 this nor under the old one. 8 SENATOR SALAND: So then anybody 9 who employs -- if you'll continue to yield. 10 ACTING PRESIDENT VALESKY: 11 Senator, do you yield? 12 SENATOR ONORATO: Yes, I will. 13 SENATOR SALAND: Anybody who 14 employs a person will be required to go 15 through this process? 16 SENATOR ONORATO: Yes, they 17 would. 18 SENATOR SALAND: And if you would 19 continue to yield. 20 SENATOR ONORATO: Yes, I will. 21 SENATOR SALAND: I see in here 22 that there is provision for -- it says: "Such 23 acknowledgment shall conform to any 24 requirements established by the commissioner

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(518) 371-8910 1 with regard to content and form." 2 If you know -- if you'd continue to 3 yield -- will there be some provision or is 4 there a provision in some other part of the 5 law as to how long these acknowledgments must 6 be maintained on file? 7 SENATOR ONORATO: No, there 8 isn't. 9 SENATOR SALAND: Thank you, 10 Senator Onorato. Thank you, Mr. President. 11 Mr. President, in an already 12 extraordinarily challenged environment, and in 13 a world in which we all acknowledge that small 14 business is the key to business growth, and in 15 a climate, a national climate which already 16 defines New York as a poor place to do 17 business, as was noted a bit earlier by 18 Senator DeFrancisco, I'm extremely concerned 19 that if there is to be a policy decision 20 requiring this type of written notice, this 21 type of recordkeeping, that in fact there 22 should be some effort not to burden small 23 businesses. I don't think we ought to be 24 burdening large businesses, but certainly not

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(518) 371-8910 1 to burden small businesses. 2 I think the idea that somehow or 3 other people don't know what they're being 4 paid, that people are not aware of what their 5 pay stub tells them somehow sort of defies 6 logic. 7 I'm very troubled by what is yet 8 another nail in the coffin of business, 9 particularly small business in this state, and 10 I would not be able to support this measure 11 when it's called for a vote. Thank you. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Saland. 14 Senator Marcellino. 15 SENATOR MARCELLINO: Thank you, 16 Mr. President. On the bill. 17 ACTING PRESIDENT VALESKY: 18 Senator Marcellino, on the bill. 19 SENATOR MARCELLINO: Some years 20 ago I wrote and passed some legislation that I 21 think passed this house probably unanimously, 22 and I believe Senator Onorato at the time 23 would have voted for it, probably did. 24 Senator Huntley wasn't part of the chamber at

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(518) 371-8910 1 that time. 2 But, Senator Huntley, you mentioned 3 the fact of people not being able to 4 understand the language, perhaps, in having 5 language difficulties who might not understand 6 a piece of paper that they were handed or 7 something like that. 8 We passed legislation called the 9 Unpaid Wages Act back then, which allows 10 anyone -- union members, relatives, friends 11 anybody -- to intercede on behalf of any group 12 or worker who felt or feels that they were 13 being cheated or ripped off by an unscrupulous 14 employer, to go in and do an appeal for them 15 and arbitrate for them and work as their 16 agent, if you will, applying the RICO 17 conditions -- in other words, treble damages 18 could be applied to any employer who was found 19 guilty of unscrupulous tactics, not paying 20 employees, cheating them, ripping people off, 21 and so forth. 22 So that bill I know is on the books 23 right now and has been utilized in many cases 24 where an employer will pick up someone -- a

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(518) 371-8910 1 day laborer, for example -- and use them and 2 then refuse to pay. Or pick up or hire 3 someone, a youngster or a college student for 4 summer employment, say at a particular rate, 5 and then deny the rate that they promised and 6 deny paying them the full wages under some 7 scenario that they make up. 8 They have grounds, under the Unpaid 9 Wages Act now, to go into court and to sue 10 that employer and to get RICO damages applied 11 to that employer and, you know, get proper 12 recompense at the point. 13 So I just bring that up because I 14 think that adds to the fact that this chamber 15 has many times addressed the plight of workers 16 who were taken advantage of by unscrupulous 17 employers in the workforce. 18 Thank you. 19 ACTING PRESIDENT VALESKY: Thank 20 you, Senator Marcellino. 21 Are there any other Senators who 22 wish to be heard? 23 Senator Huntley. 24 SENATOR HUNTLEY: Mr. President,

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(518) 371-8910 1 I was not talking about a language barrier. 2 Not long ago in the City of 3 New York there were several restaurants that 4 had like twenty employees -- small business, 5 because that's what you would call twenty 6 employees. What happened is they were told 7 that they were making a certain amount, and 8 they were told when they work on holidays that 9 they would be paid time and a half. And under 10 the law that Senator Marcellino is talking 11 about, it took them almost 16 years to collect 12 their money. 13 So my point is if a person gets 14 that in their hand, then they don't have to 15 prove they have it. Because it was between 16 the owner and the employees that they were not 17 making that amount of money, it was back and 18 forth for five years. And it took them a long 19 time to collect. So I just felt this would be 20 a way where that would not occur again. 21 Thank you. 22 ACTING PRESIDENT VALESKY: Thank 23 you, Senator Huntley. 24 Senator Marcellino.

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(518) 371-8910 1 SENATOR MARCELLINO: I just have 2 to make one correction. 3 Senator, the law that I was 4 referring to hasn't been in effect for 16 5 years, so it could not have been under the law 6 I was referring to. That law was passed in 7 1997 or 1998. I can get you the exact date. 8 But it was not in effect for 16 years. 9 It was passed to deal with just 10 what you were talking about, that it took too 11 long and it was impossible to get restitution 12 for people who were cheated by an unscrupulous 13 employer. So we do have protections under the 14 law that would allow for prompt dealing with 15 people who try to cheat people who go and try 16 to work for an honest day's wage. 17 Thank you, Mr. President. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator Marcellino. 20 Seeing no other Senators who wish 21 to be heard, the debate is closed. 22 The Secretary will ring the bells. 23 The Secretary will read the last 24 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT VALESKY: 7 Senator Schneiderman, to explain his vote. 8 SENATOR SCHNEIDERMAN: Thank you, 9 Mr. President. 10 I'm very proud to vote for this 11 bill. And I have to say that listening to the 12 discussion here today, Senator Onorato should 13 be commended for taking a very basic step to 14 ensure that the working men and women of the 15 State of New York have minimum protections 16 when it comes to enforcing wage and hour and 17 work condition laws. 18 All this does is provide them with 19 written notice so they can prove, if it should 20 come to that, what the rate of pay is and the 21 regular payday that they're going to be 22 receiving it. 23 This is a great common-sense bill. 24 I vote yes. I really, frankly, have a

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(518) 371-8910 1 difficult time understanding the opposition to 2 something like this. This is something that 3 we should be doing. And we should be 4 expanding the rights of the working men and 5 women in this state, and I hope we'll continue 6 to do so. 7 And congratulations to Senator 8 Onorato on a fine bill. 9 ACTING PRESIDENT VALESKY: 10 Senator Schneiderman will be recorded in the 11 affirmative. 12 Senator DeFrancisco, to explain his 13 vote. 14 SENATOR DeFRANCISCO: To help 15 Senator Schneiderman understand the opposition 16 to the bill, you don't need to provide any 17 kind of notice if there's no employees. And 18 the concept is that we want to grow business 19 in this community. 20 And if the employees already have 21 sufficient information by way of a pay stub, 22 by way of the Department of Labor being able 23 to inquire and enforce violations, I think the 24 least we can require of employees is to read

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(518) 371-8910 1 the pay stub and figure out if the pay meets 2 what they were promised, rather than imposing 3 another burden which, when added to all the 4 other burdens, it makes us the second least 5 desirable state to do business in. 6 And I hope we never get to the last 7 spot, but we're headed towards it. 8 ACTING PRESIDENT VALESKY: 9 Senator DeFrancisco to be recorded in the 10 negative. 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 116 are 14 Senators DeFrancisco, Nozzolio, Ranzenhofer, 15 Saland, Volker and Winner. 16 Ayes, 56. Nays, 6. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 166, by Senator Stavisky, Senate Print 1376A, 21 an act to amend the General Business Law. 22 SENATOR LIBOUS: Mr. President. 23 ACTING PRESIDENT VALESKY: 24 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: I believe 2 Senator LaValle has an amendment at the desk. 3 I would ask that you waive its reading and 4 please call on Senator LaValle. 5 ACTING PRESIDENT VALESKY: 6 Senator LaValle, there is an amendment at the 7 desk. The reading is waived, and you may be 8 heard on the amendment. 9 SENATOR LaVALLE: Thank you, 10 Mr. President. 11 This amendment makes a good bill 12 even better. And it prohibits, proscribes 13 entities from sending out, financial 14 institutions from sending out credit card 15 applications, whether they be preapproved 16 written solicitations or -- to individuals 17 under the age of 21. 18 And we have passed in this house a 19 law -- I think it was Senator Maziarz's 20 bill -- allowing solicitations on college 21 campuses. This amendment applies to all those 22 who are under the age of 21, so that there's 23 no solicitations. 24 I know in chatting with Senator

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(518) 371-8910 1 Flanagan, who has young people in his 2 household, he said they are flooded with 3 solicitations for credit cards to his children 4 and I'm sure others here in this house. 5 I would also add that Senator Dodd, 6 through his committee, has similar provisions 7 in a bill that he had reported from his 8 committee but yet to be enacted. And we know 9 how long it takes, many times, for Congress to 10 act. 11 So I think this is a good amendment 12 to a good bill and would strengthen it even 13 further. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator LaValle. 16 I have reviewed your amendment and 17 listened to your explanation. However, I rule 18 it out of order as not germane to the original 19 bill at hand. 20 SENATOR LaVALLE: Mr. President, 21 our Senate rules -- and I just looked at it -- 22 on the issue of germaneness, there is nothing 23 that if you look at the section dealing with 24 amendments that allows for germaneness, you

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(518) 371-8910 1 have to go to the section overall. And that 2 talks about as long as it relates to the 3 question under debate. 4 I have here from Mason's 5 Legislative Manual, Section 402, paragraph 3: 6 "To be germane, the amendment is required only 7 to relate to the same subject. It may 8 entirely change the effect or be in conflict 9 with the spirit of the original motion or 10 measure and still be germane to the subject." 11 So I think that this amendment 12 amends the General Obligations Law, it's in 13 the same spirit as the original bill. And I 14 believe that to act, I need to know why you 15 are ruling that this is not germane. 16 ACTING PRESIDENT VALESKY: 17 Senator Klein, why do you rise? 18 SENATOR KLEIN: Point of order, 19 Mr. President. 20 ACTING PRESIDENT VALESKY: State 21 your point of order. 22 SENATOR KLEIN: According to my 23 reading of germaneness under Rule 9, 24 Section 3-A, and also Senate Rule 6,

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(518) 371-8910 1 Section 4-B, it requires any amendment to a 2 bill to be germane to the original object or 3 purpose of the original bill in order for the 4 amendment to be allowed. 5 Senator Stavisky's original 6 legislation increases the maximum liability to 7 $400 from $100. While Senator LaValle's goal 8 in his amendment is laudable, it has nothing 9 to do with that maximum liability. It deals 10 with a completely other topic which would 11 require that no solicitations take place for 12 anyone under 21. 13 So I believe that the amendment is 14 not germane under these sections that I cited. 15 ACTING PRESIDENT VALESKY: 16 Senator Klein, the chair does concur that the 17 subject matter of the amendment that is at 18 hand, regarding the unsolicited mailing of the 19 credit card applications to persons under the 20 age of 21, deals with a different topic than 21 Senator Stavisky's bill. 22 SENATOR LaVALLE: No, excuse me, 23 Mr. President. If I may, Mr. President. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator LaValle. 2 SENATOR LaVALLE: The rule that 3 Senator Klein read does not say "topic," it 4 says "object or purpose." 5 ACTING PRESIDENT VALESKY: Excuse 6 me, Senator LaValle. 7 Senator Stavisky, why do you rise? 8 SENATOR STAVISKY: I rise on a 9 point of order. 10 ACTING PRESIDENT VALESKY: State 11 your point of order. 12 SENATOR STAVISKY: My point of 13 order is that my bill does not amend the 14 General Obligations Law but the General 15 Business Law. 16 SENATOR LaVALLE: I have that 17 here, both bills may do the same thing. I had 18 that. 19 But, Mr. President -- 20 ACTING PRESIDENT VALESKY: 21 Senator LaValle. 22 SENATOR LaVALLE: My point in 23 terms of object and purpose is to protect the 24 consumer. Both bills relate to that, as it is

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(518) 371-8910 1 to credit card loans. 2 ACTING PRESIDENT VALESKY: 3 Senator LaValle, I understand your comments. 4 However, the ruling is that the amendment is 5 out of order as being not germane to the bill. 6 If you wish to appeal that ruling, 7 you certainly have that opportunity. 8 SENATOR LaVALLE: I wish to 9 appeal the ruling of the chair, Mr. President. 10 ACTING PRESIDENT VALESKY: Okay. 11 The question before the house is whether the 12 decision of the chair shall stand. Those in 13 favor of overruling the decision of the chair 14 should indicate by raising your hand. 15 The Secretary will announce the 16 results. 17 THE SECRETARY: Ayes, 30. Nays, 18 31. 19 ACTING PRESIDENT VALESKY: The 20 ruling of the chair is sustained, and the 21 appeal is denied. 22 On the bill, read the last section. 23 Senator Saland. 24 SENATOR SALAND: Can we please

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(518) 371-8910 1 have an explanation of the bill. 2 ACTING PRESIDENT VALESKY: 3 Senator Stavisky, an explanation of the bill 4 has been requested by Senator Saland. 5 SENATOR STAVISKY: This is one of 6 the simplest bills you can imagine. It 7 changes the number "1" to the number "4." In 8 other words, if there's a billing error, the 9 liability shall not be greater than $400 where 10 previously it was $100. 11 The bill was amended or was written 12 and drafted in 1973. And what we did was we 13 tracked the Consumer Price Index for the 14 period between 1973 and 2008 or 2009. And it 15 was I think 479 percent, which is where we got 16 the $400 figure. 17 SENATOR SALAND: Would Senator 18 Stavisky yield to a question? 19 ACTING PRESIDENT VALESKY: 20 Senator Stavisky, will you yield? 21 SENATOR STAVISKY: Yes. 22 ACTING PRESIDENT VALESKY: The 23 sponsor yields. 24 SENATOR SALAND: The only thing,

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(518) 371-8910 1 Senator Stavisky, that I see as being amended 2 in this bill is, as you point out, the 3 amendment from "1" to "4." 4 But this was not the same bill that 5 I saw in committee, which I had voted for in 6 committee. Could you tell me what the 7 difference is between the committee bill and 8 the bill that's on the floor? 9 SENATOR STAVISKY: Yeah. I 10 believe it was 200, I had changed it from 100 11 to 200, and then the thought occurred to us as 12 we thought about it that it might make more 13 sense for us to track the Consumer Price Index 14 for that period of time. Which is why we made 15 it $400. That was the only amendment. 16 SENATOR SALAND: Thank you. 17 ACTING PRESIDENT VALESKY: Are 18 there any other Senators who wish to be heard? 19 Seeing none, the debate is closed. 20 The Secretary will ring the bells. 21 The Secretary will read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT VALESKY: 6 Senator Stavisky, to explain her vote. 7 SENATOR STAVISKY: I just want to 8 indicate that Senator LaValle's bill is an 9 excellent bill. Credit card reform is 10 desperately needed. And I believe that there 11 are a number of bills pending. I know Carolyn 12 Maloney, in Congress, is a sponsor of some 13 credit card reform bills. 14 But that's not this bill, that's a 15 totally different bill. And hopefully we will 16 get to do both this session. 17 Thank you. I vote aye. 18 ACTING PRESIDENT VALESKY: 19 Senator Stavisky to be recorded in the 20 affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 62. Nays, 23 0. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 bill is passed. 2 Senator Klein, that completes the 3 controversial reading of the calendar. 4 SENATOR KLEIN: Mr. President, I 5 believe there's a motion to discharge at the 6 desk. I ask that we take up the motion at 7 this time. 8 ACTING PRESIDENT VALESKY: The 9 Secretary will read. 10 THE SECRETARY: Senate Print 11 2632, by Senator Padavan, an act to amend the 12 Criminal Procedure Law. 13 ACTING PRESIDENT VALESKY: 14 Senator Padavan. 15 SENATOR PADAVAN: Thank you, 16 Mr. President. 17 You know, there's a class of 18 criminals out there whose rap sheet is their 19 resume. Year after year they commit crimes -- 20 serious crimes, misdemeanors -- and never see 21 the inside of a jail. 22 I think it's important that we 23 consider legislation, as we have for the last 24 two years, that puts a limit on the number of

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(518) 371-8910 1 Class A misdemeanors that an individual can 2 commit so that at a certain point in time he's 3 now subject to a new category, which is called 4 the Class E felony/aggravated criminal 5 conduct, which has a four-year maximum 6 penalty. 7 And that is the essence of this 8 bill. It says if someone within a 10-year 9 period has committed three or more A 10 misdemeanors or felonies, they will be subject 11 to this new penalty, this new category, and be 12 put in jail for a reasonable period of time. 13 Now, what are these Class A 14 misdemeanors? Well, there are pages of them 15 if you look through the books: criminal 16 possession of a weapon, arson, assault, auto 17 stripping, criminal impersonation, endangering 18 the welfare of a child, identity theft. The 19 list goes on and on and on. 20 So we're not talking about minor 21 acts of criminality, we're talking about 22 serious acts of criminality where the 23 individual has been found guilty. 24 This bill passed last year in this

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(518) 371-8910 1 house 52 to 10, and the prior year 53 to 7. 2 So obviously it has enjoyed overwhelming 3 bipartisan support. And hopefully we can get 4 it out of committee and get it back out on the 5 floor and pass it again this year. 6 Thank you, Mr. President. 7 ACTING PRESIDENT VALESKY: Thank 8 you, Senator Padavan. 9 Are there any other Senators that 10 wish to be heard on the motion to discharge? 11 Senator Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Mr. President. 14 I just wanted to let the sponsor or 15 proponent of the motion know that we are going 16 to be taking up a similar bill dealing with 17 the issue of persistent misdemeanor defendants 18 in the Codes Committee. Not exactly the same, 19 but dealing with the substance of these 20 issues. So it will be proceeding forward on 21 that track as well. 22 Thank you, Mr. President. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Senator Schneiderman.

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(518) 371-8910 1 The question is on the motion to 2 discharge the Committee on Codes from 3 consideration of Senate Print Number 2632. 4 All those in favor of the motion please 5 signify by raising your hand. 6 Announce the results. 7 THE SECRETARY: Ayes, 35. Nays, 8 27. 9 ACTING PRESIDENT VALESKY: The 10 motion carries. 11 Senator Smith. 12 SENATOR SMITH: Thank you very 13 much, Mr. President. 14 Colleagues, I know that we're 15 coming to the end of session today. And 16 before we adjourn, as we all know, one of our 17 colleagues, Senator Marchi, has passed away. 18 While I know that we will be doing 19 formal resolutions and showing tribute to his 20 family, I thought it was only fitting, since 21 this is the first time we have all gathered 22 today since his passing, that we would have a 23 moment of silence in the chamber in respect to 24 where he was last sitting in this chamber.

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(518) 371-8910 1 Senator Stachowski has vacated his 2 seat so that we can show a symbol of where he 3 last sat in this particular chamber for all 4 the members to note. 5 We thought it would be fitting if 6 we could have a moment of silence in 7 recognition of the contribution he's made to 8 this state, to Staten Island, and to so many 9 of us individually, that we would have a 10 moment of silence with respect to the empty 11 chair where Senator Marchi once sat. 12 ACTING PRESIDENT VALESKY: I ask 13 everyone in the chamber to please rise as we 14 honor the memory of the late Senator John 15 Marchi. 16 (Whereupon, the assemblage 17 respected a moment of silence.) 18 SENATOR SMITH: Mr. President, is 19 there any further business at the desk? 20 ACTING PRESIDENT VALESKY: There 21 is none, Senator Smith. 22 SENATOR SMITH: There being none, 23 I move that we adjourn until Tuesday, 24 April 28th, at 3:00 p.m.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: On a 2 motion by Senator Smith, the Senate stands 3 adjourned until Tuesday, April 28th, at 4 3:00 p.m. 5 (Whereupon, at 4:33 p.m., the 6 Senate adjourned.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910