Monday, January 12, 2015

Communications and reports of state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

I believe there's a privileged resolution at the desk by Senator LaValle. At this time I would like it read in its entirety and then I would ask you to call on Senator LaValle before it's adopted.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 84, by Senator LaValle, commending Suffolk Cadet Squadron 10, from the Long Island Group of the Civil Air Patrol Color Guard, upon the occasion of presenting the colors at the start of the session of the New York State Senate.

"WHEREAS, It is the sense of this Legislative Body to recognize that the quality and character of life in the communities across New York State are reflective of the concerned and dedicated efforts of those organizations and individuals who are devoted to the welfare of the community and its citizenry; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commend the Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard upon the occasion of presenting the colors at the start of the session of the New York State Senate, to be held at the New York State Capitol in Albany, New York; and

"WHEREAS, The Civil Air Patrol enjoys a proud legacy of selfless sacrifice and service to country and community that spans decades; the organization was born one week prior to the Japanese attack on Pearl Harbor; and

"WHEREAS, Thousands of volunteer members of the Civil Air Patrol answered America's call to national service and sacrifice by accepting and performing critical wartime missions; and

"WHEREAS, On July 1, 1946, President Harry S. Truman signed Public Law 476 incorporating the Civil Air Patrol as a benevolent, nonprofit organization; on May 26, 1948, Congress passed Public Law 557 permanently establishing the Civil Air Patrol as the auxiliary of the new United States Air Force; and

"WHEREAS, Three primary mission areas were set forth at the inception of the Civil Air Patrol: aerospace education, cadet programs, and emergency services; and

"WHEREAS, Today, the Civil Air Patrol handles 90 percent of inland search and rescue missions, with approximately 75 lives saved each year; its members are generally the first on the scene transmitting satellite digital images of the damage within seconds around the world and providing disaster relief and emergency services following natural and manmade disasters, including such phenomena as 9/11, Hurricane Katrina, Texas and Oklahoma wildfires, tornadoes in the south and central United States, North Dakota flash flooding and the October 2006 earthquake in Hawaii, as well as humanitarian missions along the United States and Mexican border; and

"WHEREAS, In response to the devastating effects of Hurricane Sandy, the Civil Air Patrol's New York Wing promptly reacted by flying 373 damage assessment sorties and providing 143,360 aerial photographs to New York disaster relief organizations, FEMA and the Army Corps of Engineers; providing air transportation throughout the affected region for disaster response teams; deploying 30 volunteers to assist with shelter operations conducted by the New York City Office of Emergency Management; and installing 40 volunteers to assist the Red Cross with the logistics of relief supplies; and

"WHEREAS, In addition, Civil Air Patrol members are dedicated to counterdrug reconnaissance and to teaching a new generation about aerospace and its impact on our future; its cadet programs ensure our youth receive the finest leadership training the nation has to offer; and

"WHEREAS, The members of the Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard include: Cadet Second Lieutenant Derek Profit, Cadet Senior Master Sergeant Alison Shumway, Cadet Staff Sergeant James Megna, Cadet Senior Airman Joseph Toner, Cadet Senior Master Sergeant Erik Rios, First Lieutenant David Greenberg, Captain Frank Zambaras, New York Wing Staff Lieutenant Colonel Patrick Magee, New York Wing Staff Lieutenant Colonel Gerald Marketos, New York Wing Staff Lieutenant Colonel Thomas Carello, New York Wing Staff Lieutenant Colonel Benjamin Nodar, and New York Wing Staff Colonel Steven Perta; and

"WHEREAS, The Civil Air Patrol makes a huge impact each and every day, going above and beyond to make a profound difference in America's communities; and

"WHEREAS, This occasion presents a unique opportunity for this Legislative Body to recognize and pay tribute to the members of the Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard; and

"WHEREAS, It is the sense of this Legislative Body that when organizations of such noble aims and accomplishments are brought to our attention, they should be recognized by all the citizens of this great Empire State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commend the Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard and its members upon the occasion of presenting the colors at the start of the session of the New York State Senate; and be it further

"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to Colonel Jack Ozer, New York Wing, Civil Air Patrol, and the aforementioned members of the Cadet Squadron from the Long Island Group of the Civil Air Patrol Color Guard."

ACTING PRESIDENT GRIFFO:Senator LaValle.

SENATOR LaVALLE: Thank you, Mr. President.

I would like to personally thank the Suffolk Cadet Squadron 10 Group for coming to Albany and presenting the colors and starting our session off today. To come up from Long Island, it's a long trip during the winter with not the greatest of weather.

But we want to thank you for your commitment to continue to protect our country and our communities. Those of us who live particularly on Long Island, where we're surrounded by water and there are all sorts of events that go on, you do a great job in saving lives and protecting our community.

It also gives us an opportunity, as members of the Legislature, to learn about a program, the Civil Air Patrol program, that many young people in other parts of the state, across the state, can participate in.

And again, thank you for your year-long participation, and thank you for coming to Albany to present the colors to start our session.

ACTING PRESIDENT GRIFFO:Thank you, Senator LaValle.

Senator Flanagan.

SENATOR FLANAGAN:Thank you, Mr. President.

I just want to join Senator LaValle and add my voice of welcome to the Civil Air Patrol.

And Ken is of course proud that they hail from his district, but I do have three constituents here today that I wouldn't mind singling out -- First Lieutenant David Greenberg, Cadet Senior Airman Joseph Toner, and Cadet Staff Sergeant James Megna -- and just say thank you for the work that they do. Our communities thrive and survive and prosper because of good people like this.

But, Senator LaValle, I'm going to say to the colonel we can invite them back sometime in the late spring when it's a lot more pleasant weather, even though they'll come here under any circumstances.

So thank you very much.

ACTING PRESIDENT GRIFFO:Senator Seward.

SENATOR SEWARD:Thank you, Mr. President.

I too want to stand to honor our Civil Air Patrol who's with us here today, and particularly the cadets who did such a wonderful job in presenting the colors today.

You know, we mainly think of the Civil Air Patrol providing tremendous service to the people of the State of New York, particularly in emergency situations, whether that be forest fire protection, disaster relief service, communications, and of course aircraft emergency assistance.

But in addition to all of these very important functions, the Civil Air Patrol conducts the cadet program, which is a wonderful program for young people ages 12 through 18. Its aim is to develop essential life skills and instill values including teamwork, personal integrity, leadership, respect, self-confidence -- I mean, the list goes on in terms of wonderful attributes that our cadets learn about through this program.

We are very honored to have them here today to open our session, which they have done for a number of years.

You know, I'm very sorry that one of my constituents, Lieutenant Colonel Andrew Little, who has been involved in government relations for the New York Wing of the Civil Air Patrol for a number of years, he's unable to be here with us today for health reasons. But he helped to start this tradition by bringing the cadets to the State Senate this first week of our session every year.

And I know that he's very sorry to have to miss today's presentation of the colors. I know that he is very, very proud of the cadet program and this particular tradition, certainly. This is exactly what he envisioned, Lieutenant Colonel Andy Little, when he first came to me with the idea of having the Civil Air Patrol cadets present the colors on the floor of the Senate.

So I join in offering my heartfelt congratulations to all of the achievements of our cadets program, and I particularly want to say thank you to all those involved with the Civil Air Patrol in New York State for the tremendous service that you provide the people of our state.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Seward.

Senator LaValle.

SENATOR LaVALLE: I forgot to mention -- Senator Flanagan had mentioned two of his constituents, and I just wanted to mention Erik Rios and Patrick Magee, who are from the 1st Senatorial District.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator LaValle.

Senator Little.

SENATOR LITTLE:Thank you, Mr. President.

I'd like to join my colleagues in gratitude for having the Civil Air Patrol cadets here, as well as their leaders. And in addition to all the things that they have mentioned that young people get through the Civil Air Patrol group, I believe they get an exposure to military life and an understanding of the opportunities that could lay ahead for them in the military.

My two sons joined the Navy based upon, I believe, a great deal from their experience in the Junior Navy ROTC programs. And there aren't as many as Junior ROTC programs anymore.

So thank you for what you're doing in the Civil Air Patrol and helping our young people look at a future that would be beneficial to them but certainly would be beneficial to all of us.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Little.

Senator DeFrancisco.

SENATOR DeFRANCISCO: Yes. I would be remiss if I didn't mention the Central New York representative here, Lieutenant Colonel Thomas Carello.

I've been to some of their activities in Central New York, and all the things that Senator Seward said and Senator Little said about the good things that come out of the Civil Air Patrol, I can attest to that. They do a wonderful job in Central New York.

And God knows do we need some activities such as the Civil Air Patrol to point our youth in the correct direction. There's many things going the opposite way. And this is really a breath of fresh air for every community. And any time young people can get involved in productive things, in constructive things, the better off we all are.

So thank you, Tom, and thank all of you who are here.

ACTING PRESIDENT GRIFFO:Senator Ortt.

SENATOR ORTT:Thank you, Mr. President.

I'd like to join several of my colleagues and welcome my friends from the Civil Air Patrol Color Guard to the New York State Senate chambers.

As the Senator who represents the Niagara Falls Air Reserve Station, and as a veteran, I'd like to thank you for the services that you provide to our great state, including emergency services, education, leadership and mentoring.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Ortt.

Is there any other Senator that wishes to be heard on the resolution?

(No response.)

ACTING PRESIDENT GRIFFO:All in favor of the resolution as presented signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

We want to congratulate and welcome the Civil Air Patrol and officers who are with us today. And let's give them a round of applause, and then we're going to retire the colors.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:I would ask all members to continue to remain standing as we retire the colors.

(Whereupon, the Color Guard retrieved the colors from either side of the dais and exited the chamber.)

ACTING PRESIDENT GRIFFO:Thank you.

Senator Libous, we'll return to motions and resolutions.

SENATOR LIBOUS:Yes, Mr. President. As long as we're on motions, I believe Senator Gianaris has a couple of motions before the house.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Thank you, Mr. President.

On behalf of Senator Díaz, I move the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 134.

ACTING PRESIDENT GRIFFO:So ordered.

SENATOR GIANARIS:And on behalf of Senator Kennedy, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 755.

ACTING PRESIDENT GRIFFO:So ordered.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

On behalf of Senator Golden, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. And that would be Senate Print 1072, sir.

ACTING PRESIDENT GRIFFO:It is so ordered.

SENATOR LIBOUS:Mr. President, at this time I hand up the following Republican Conference committee assignments and ask that such assignments be filed in the Journal.

ACTING PRESIDENT GRIFFO:So received.

SENATOR LIBOUS:Mr. President, in consultation with Senator Klein, Senator Skelos hands up the following committee assignments for the IDC.

ACTING PRESIDENT GRIFFO:Assignments received.

SENATOR LIBOUS:Mr. President, in consultation with Senator Stewart-Cousins, Senator Skelos hands up the following committee assignments for the Senate Democrats.

ACTING PRESIDENT GRIFFO:The assignments are received.

All the committee assignments are before the desk and so ordered to be filed.

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:At this time I would call an immediate meeting of the Rules Committee in Room 332. That would be an immediate meeting of the Rules Committee in Room 332.

And, sir, I would ask that you have the Senate stand at ease.

ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332. Until such time, the Senate will stand at ease.

(Whereupon, the Senate stood at ease at 3:27 p.m.)

(Whereupon, the Senate reconvened at 3:44 p.m.)

ACTING PRESIDENT GRIFFO:The Senate will come to order.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Mr. President, could we please return to reports of standing committees.

I believe there is a report of the Rules Committee at the desk.

ACTING PRESIDENT GRIFFO:There is a report of the Rules Committee before the desk, and the Secretary will read.

THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:

Senate Print 1, by Senator Savino, an act to amend the Labor Law;

Senate 2, by Senator Valesky, an act to amend the Executive Law;

Senate 3, by Senator Little, an act to amend the Executive Law;

Senate 4, by Senator Little, an act to amend the Executive Law;

Senate 5, by Senator Robach, an act to amend the Real Property Law;

Senate 6, by Senator Young, an act to amend the Family Court Act;

Senate 7, by Senator Lanza, an act to amend the Penal Law;

Senate 8, by Senator Hannon, an act to amend the Executive Law;

Senate 1312, by Senator Seward, an act to amend the Insurance Law;

Senate 1313, by Senator Marcellino, an act to amend the Education Law;

Senate 1314, by Senator Marcellino, an act to amend the Executive Law;

Senate 1315, by Senator Parker, an act to amend the Correction Law;

Senate 1316, by Senator Marchione, an act to amend the Education Law;

Senate 1317, by Senator Lanza, an act to amend the General Business Law;

Senate 1318, by Senator Little, an act to amend the Education Law;

And Senate 1319, by Senator Savino, an act to amend the Labor Law.

All bills reported direct to third reading.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

At this time I move to accept the report of the Rules Committee.

ACTING PRESIDENT GRIFFO:All in favor of accepting the report of the Rules Committee signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The report of the Rules Committee is accepted and before the house.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

I believe now we can go to the reading of noncontroversial Calendar Number 1.

ACTING PRESIDENT GRIFFO:The Secretary will begin reading noncontroversial Calendar Number 1.

THE SECRETARY:Calendar Number 1, by Senator Savino, Senate Print 1, an act to amend the Labor Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 5. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

My understanding is that the eight bills we are voting on now in a row are eight bills that have passed unanimously in this house in previous years. And I will be voting yes on each of them.

But I want to highlight just for the record the one bill that should be included here and is not, and that is a bill to modernize and assure that the statute of New York State relating to reproductive health and women's rights to independent decisions about reproductive health, that bill has not been introduced or brought to the floor of the Senate today.

In past years, it was S5881, by Senator Savino. Before that, it was by Senator Andrea Stewart-Cousins, protection of reproductive rights.

Despite the continued urgings and pleas of the women and men of New York State that we need to update our over-40-year-old incorrect legislation, the fact that we are actually not in compliance with federal statute and the Supreme Court decision in Roe v. Wade, we continue, apparently, to refuse to bring to the floor of the Senate this important legislation.

What a tragedy we're not voting for reproductive health when we are voting for these eight smaller bills today, Mr. President. But I'll be voting yes on this.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the affirmative.

Senator Hoylman to explain his vote.

SENATOR HOYLMAN:Thank you, Mr. President. Happy New Year.

I also rise to express my disappointment. I'll be voting for the eight part of this package that Governor Cuomo introduced last session. But I also want to express my disappointment that we do not have the plank that would ensure a woman's right to choose. I think the voters of New York should know where their Senators stand on this very crucial issue.

I'm also very concerned, Mr. President, that this is part of an attempt to deconstruct choice across the nation in anticipation of a right-wing Supreme Court in 2016 and beyond. Unless we have the State of New York and its Legislature as a backstop protecting a woman's right to choose, we risk losing those protections in every state of this union.

So I'll be voting yes for the eight but am disappointed, sir, that the Women's Equality Act does not include choice.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the affirmative.

Senator Funke to explain his vote.

SENATOR FUNKE:Mr. President, I rise to explain my vote.

I made a promise to the people of my district, in a place that Susan B. Anthony called her home, that I would do everything in my power to make our state a more equitable place for everybody. And today, with the help of my colleagues on both sides of the aisle in this chamber, I look forward to delivering on that promise.

This package of bills, ladies and gentlemen, that we are voting on, which comprise the Senate's Women's Equality Act, are historic, and I'm proud to support them all.

These bills will expand workplace sexual harassment protections for every employee. Over 75 percent of all harassment complaints are filed by women. And over 60 percent of workplaces in New York have fewer than four employees. Before, those small workforces didn't face state prohibitions on sexual harassment. Under this legislation, they will.

They include restrictions to end discrimination against women in areas that impact quality of life, like employment, credit and housing. Whether you're a mother, pregnant, a past or current victim of domestic violence, you deserve the same rights and protections enjoyed by all New Yorkers. And under this legislation, you will.

They will protect women from discrimination by making it easier for victims to recover attorney's fees when they fight and win a legal battle. No woman should have to pay out-of-pocket to right the wrongs committed against her. Under this legislation, she won't.

They strengthen laws against the growing challenge of human trafficking and, perhaps most significantly, make equal pay for equal work a reality in New York State.

Years ago I was the first TV sports director in Rochester to start covering girl's high school sports. And what was true then is true today: If the competition is the same, it deserves the same coverage. If the work is the same, it deserves the same pay.

On average, women in this state earn 84 cents on the dollar compared with their male counterparts. That's wrong. And tonight, with this bill, we will ensure that equal pay for equal work will become a reality in New York State.

Mr. President, I am proud that this bill ensures that's the case. I will be supporting it in the package of bills in the Women's Equality Act because it's time to make our state work better for all women.

Mr. President, I vote aye, and I ask that my colleagues join me in supporting this important legislation.

Thank you.

ACTING PRESIDENT GRIFFO:Thank you, Senator Funke.

Senator Funke to be recorded in the affirmative.

Senator Kennedy to explain his vote.

SENATOR KENNEDY:Thank you, Mr. President.

These protections we're passing today are long overdue. We're passing several important measures to protect women in New York State and set a precedent for the entire nation to follow, from putting an end to sexual harassment to ending discrimination against pregnant workers and requiring employers to provide reasonable assistance when needed.

Today we're ensuring that victims of domestic violence are not discriminated against by building owners or leasing agents because of abuse, and we're ending wage discrimination and ensuring a level footing and equal pay for equal work.

Women in New York State earn roughly 84 percent of what men earn. For minority women, the gap is even larger. Nationwide, African-American women earn 79 percent and Hispanic women 64 percent of what men earn. Single mothers endure especially inequitable conditions: 42 percent of single-mother families live below the poverty line, and 22 percent suffer extreme poverty.

This is a divide that must be closed. By ensuring fair and equal pay for women, we help lift entire families and boost economic mobility within this state.

In a nation and state built upon a foundation of fairness and equality, it's hard to understand why people still endure wage discrimination based upon gender. It must end. We need to make New York State a national leader, improve protections for women in the workforce, and help stimulate economic growth across our state.

With this bill, New York State will help lead the way for the rest of the nation while also addressing long-standing challenges facing our state. We fought to ensure equal pay for equal work, and I'm proud to support this bill.

Thank you, Mr. President. I vote aye.

ACTING PRESIDENT GRIFFO:Senator Kennedy to be recorded in the affirmative.

Is there any other Senator who wishes to explain his vote?

Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

I think all of the previous speakers have spoke eloquently in support of this bill and the bills to follow. The question I have, and it's a rhetorical question: Why is not every Senator in this chamber yelling, demanding of Sheldon Silver and the Assembly to pass these eight bills? And how can anyone that is in the leadership of Sheldon Silver, and Sheldon Silver himself, say he's for women's rights and not pass these eight bills? That's the rhetorical question.

I vote yes. Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Bonacic to be recorded in the affirmative.

Is there any other Senator who wishes to explain his vote?

Senator Panepinto.

SENATOR PANEPINTO:Yes, I'm going to vote yes on the eight provisions. I have three daughters. I campaigned on these issues. I'm proud that we're passing the equal pay portion.

But I'm disappointed, I'm disappointed we're not passing the tenth portion, which would have been the plank on abortion. And I hope that at some point in the future this body takes it up.

But I'll be voting yes.

ACTING PRESIDENT GRIFFO:Senator Panepinto to be recorded in the affirmative.

Any other Senator that wishes to be heard on this?

Senator DeFrancisco to explain his vote.

SENATOR DeFRANCISCO: I'm not going to ask a rhetorical question. I'm just going to say it like I've done the last two years when we've passed these bills, all eight bills that we're passing today.

There's no doubt that some people have been victimized in human sex trafficking in the State of New York over these last two and a half years. If we had passed these eight bills in each house and the Governor signed it, there would be stiffer penalties and there'd be more protections for these people.

How could you possibly -- no, I'd better not ask a question. If we passed this three years ago, equal pay would be a reality, an equitable pay bill would be a reality. If you look at each one of these -- combating sexual harassment in the workplace.

So we can all vote for these bills and say when we go back home we did it. But if everyone in this chamber doesn't put the heat on the Assembly and if those so-called women's groups out there that are still demanding all or nothing don't understand the importance to women of getting these eight bills done and they continue to say "all or nothing," then they're not really women's advancement organizations. They're phony. They're fraudulent.

That other battle can be fought, but not holding these bills hostage a day longer.

The Senate is sending a message, and Senator Skelos is sending a message. This is the most important batch of bills that we have to do today for the whole session. Let's do them.

Now, the Assembly can sit till the last day of the session and maybe pass them. That's not good enough. That's another six months of these bills not being law. So let's go to our Assembly representatives and explain what the facts of life are and what they really should be doing if they want to advance women is to pass all of these bills now. Now. So we don't have to have this same discussion another year.

Two minutes is up, I think. I was watching that very carefully.

I vote aye.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.

I do want to remind the members of the two-minute rule.

Senator Stavisky to explain her vote.

SENATOR STAVISKY:Thank you, Mr. President.

I wasn't going to speak on this legislation, but I must disagree with my colleague from Syracuse. This is not a women's issue. This is a people issue. Because men have mothers, they have sisters, they have daughters. This is an issue that affects everybody.

I vote aye.

ACTING PRESIDENT GRIFFO:Senator Stavisky to be recorded in the affirmative.

Senator Díaz to explain his vote.

SENATOR DIAZ:Thank you, Mr. President.

I would like to wish a very Happy New Year to all of you.

And, Senator DeFrancisco, I agree with you, with Senator -- the one that asked why all the Senators were not here.

I was here last year when I proudly voted yes, and I'm here today when I again am proud to vote yes and to urge everyone to vote yes. And let's vote for this once and for all and forget about the rest. This is a big issue.

I'm voting, proudly voting yes. I'm voting yes.

Thank you.

ACTING PRESIDENT GRIFFO:Senator Díaz to be recorded in the affirmative.

The Secretary will announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 2, by Senator Valesky, Senate Print 2, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Sanders to explain his vote.

SENATOR SANDERS:Thank you. It's good that everybody's back. It's good that we're all back.

It's also good that we're finally getting around to the issue of women. It's amazing that it has taken how many hundreds of years to do what everybody in here knows should have been done long ago.

So I'm very proud to vote yes, and I just wish I had even more bills to vote yes on. But I'm going to vote yes on all of these bills.

Thank you very much.

ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 3, by Senator Little, Senate Print 3, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Little to explain her vote.

SENATOR LITTLE:Thank you, Mr. President.

Thank you all for consideration of voting on this today.

This is a bill that would certainly help women who feel they are being discriminated against, whether it is based upon a sexual harassment issue or a credit discrimination.

Currently you can be awarded attorney's fees if you have a case that is housing and housing related to credit. However, in these other two instances you cannot be awarded attorneys's fees. This is a deterrent to women who really feel that they have a case, and yet if they don't have the money for a retainer fee or they are not able to get an attorney or they're -- they're just put off by actually going to court for this issue. And this would help them.

Also, if they have an attorney on a contingency fee, unless they're awarded those attorney fees, that attorney fee comes out of that award that they may get.

So this is a real step forward for women in New York State, and I'm proud to support this bill. And I vote aye.

ACTING PRESIDENT GRIFFO:Senator Little to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 4, by Senator Little, Senate Print 4, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 6. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Little to explain her vote.

SENATOR LITTLE:Thank you, Mr. President.

This is an another great bill that will help our working women in New York State. This says that you cannot discriminate against a woman who is equally eligible for a position.

So you're an employer and you have a male and a woman who both, you know, have all the eligibility for this position that they're applying for, and yet the woman has two or three children at home. And in the back of your mind you're thinking, well, the kids will probably be sick, she will take more time off, she'll have more responsibilities, and you hire the man.

This will no longer be allowed, because there cannot be discrimination just based upon the fact that you have a family at home. Many of these women who are applying for jobs and need a job -- and they need it just as much as the male does -- could be single. And we know that 70 percent of the children who are living in a home with a single mother are living in poverty.

So thank you very much for having this bill on the floor, and I vote aye and then hope that everyone else will as well.

ACTING PRESIDENT GRIFFO:Senator Little to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 5, by Senator Robach, Senate Print 5, an act to amend the Real Property Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 5. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

I appreciated Senator Little's explanation about her earlier bill and the importance of anti-discrimination statutes, particularly protecting low-income women and their children.

I wish that the correct version of this bill was on the floor today. Because when we take a look at this prohibit discrimination in housing based on domestic violence status, we see if you can prove domestic violence was the basis for your landlord discriminating against you or refusing to rent to you, perhaps you have a private right to get into a courtroom but the fines are $1,000 or $2,000 and it will cost you more than that for a lawyer. And so it doesn't go nearly far enough.

And what I think is particularly important to understand is it has a section that says we'll have a task force that studies all the other critical issues that in fact cause housing discrimination disproportionately against poor women, single women with children. So it says study those. But the bill doesn't do anything to address the much larger problems of housing discrimination for women.

So I've already gone on record as saying that I will vote for this bill, but I wanted to emphasize for the record there were much stronger versions of this bill and they are not coming up before us on this floor.

And I certainly don't define that we have completed the mission of protecting women from housing discrimination by passing this bill. We need more legislation that goes as far as we see in real life. Real-life people need those protections.

Yes, with a large exclamation point, we have to go farther, Mr. President. Thank you.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the affirmative.

Senator Robach to explain his vote.

SENATOR ROBACH:Yes, Mr. President. Very happy to not only vote yes for this bill, sponsor it. We worked with advocates not only in the Rochester area but across the state to get this package included and passed.

And as many people have said, in domestic violence, which I think is a little bit different and certainly has its own dynamic, oftentimes the way a perpetrator will try to manipulate is by controlling finances or living opportunities.

And this certainly puts increased penalties into place and, even more clearly, sends a message, like many others that we have passed in this Legislature, that no longer are we going to tolerate any kind of domestic violence or any kind of discrimination against people trying to get out of that situation, either individually and with their family.

So I believe this is a very good bill and I appreciate all the support of my colleagues on both sides of the aisle.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Robach to be recorded in the affirmative.

Senator Squadron to explain his vote.

SENATOR SQUADRON:Thank you very much.

And I commend Senator Robach, especially on the portion of this bill that does deal with domestic violence.

When it comes to source-of-income discrimination, we actually don't need another study in this state. We have a law in New York City, in Nassau County, elsewhere in the state that prohibits housing discrimination based on source of income. And we actually had a bill pass with bipartisan support through both houses in 2010 that was wrongly vetoed by the former governor.

And so the fact that there's only a study as opposed to a true prohibition on source-of-income discrimination in this bill is disappointing. Because the truth is we don't need a study on that portion of it.

As I said, the domestic violence portion is positive. Certainly the study shows the sponsor's support of this concept, and I appreciate that, and I'll be voting in the affirmative.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 6, by Senator Young, Senate Print 6, an act to amend the Family Court Act.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 5. This act shall take effect April 1, 2016.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Young to explain her vote.

SENATOR YOUNG:Thank you, Mr. President.

I'd like to commend and thank every member of this chamber for voting in favor of these eight critically important pieces of legislation.

It truly has been a tragedy that these eight bills have been hung up in the Assembly because politicians have been playing political games instead of doing what's right for the people of New York State. And I would urge my colleagues in the Assembly to pass these bills this coming week so that we can get these critically important pieces of litigation finally signed into law.

This is a good bill. It has to do with domestic violence victims. Because every 9 seconds in the United States, a woman is assaulted or beaten. Domestic violence transcends all boundaries and can affect anyone. According to domesticviolencestatistics.org, around the world at least one in every three women has been beaten, coerced into sex or otherwise abused during her lifetime. Ninety-two percent of the women surveyed listed reducing domestic violence and sexual assault as their top concern.

Women face too many obstacles in securing protection from their abusers. These women need our help in getting access to the tools they need in order to keep their families safe. We as a Legislature owe a duty to these victims and survivors to do everything that we can to help them escape the cycle of abuse that they have endured.

Orders of protection are a great tool in deterring abusers from continuing abuse. Some victims of domestic violence require immediate temporary orders of protection but have no means of getting to the appropriate Family Court. We see this across the state, whether in an urban environment or a rural environment.

To protect victims of domestic violence and ensure that they are able to secure much-needed orders of protection, this bill would allow the Office of Court Administration to develop a pilot program to allow victims to petition for temporary orders of protection remotely.

So again, I want to thank the members for supporting this. People's lives depend on this legislation and all of the different initiatives that are included in the Women's Equality Agenda in these eight bills. I vote aye.

ACTING PRESIDENT GRIFFO:Senator Young to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 7, by Senator Lanza, Senate Print 7, an act to amend the Penal Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 46. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 8, by Senator Hannon, Senate Print 8, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 90th day.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Hannon to explain his vote.

SENATOR HANNON:Thank you, Mr. President.

I just wanted to report the progress on this issue. And while this issue is being held hostage for other planks, we have taken this issue to the Supreme Court of the United States, participated in an amicus brief to the court when this issue was argued in the beginning of December of this year. We've also seen the City of New York adopt similar provisions effective during the course of 2014.

So it really is an outrage that people have tended to agree unanimously the merits of this proposal, and yet we're still having this held hostage. This will be the third year we will pass it. And frankly, to discriminate against women who are trying to work while pregnant and not given reasonable accommodations by their employer is really an outrage.

So I vote yes and urge my colleagues to do so.

ACTING PRESIDENT GRIFFO:Senator Hannon to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 9, by Senator Seward, Senate Print 1312, an act to amend the Insurance Law.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, I would like to lay aside Calendar Number 9, 10, 11, 12, 13, 14 and 15 for the day.

ACTING PRESIDENT GRIFFO:Calendar Numbers 9, 10, 11, 12, 13, 14 and 15 will be laid aside for the day.

SENATOR LIBOUS:Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:The Secretary will continue.

THE SECRETARY:Calendar Number 16, by Senator Savino, Senate Print 1319, an act to amend the Labor Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 9. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT GRIFFO:Senator Dilan to explain his vote.

SENATOR DILAN:Mr. President, I rise to note that this chapter amendment is a step backwards which I believe weakens the worker's protections, and for these reasons I will be voting no.

ACTING PRESIDENT GRIFFO:Senator Dilan to be recorded in the negative.

Senator DeFrancisco to explain his vote.

SENATOR DeFRANCISCO: Yes, I think this is a great, great amendment to a questionable bill that was passed back in 2009-2010.

If this wasn't passed, basically every company throughout the state would have to write a letter -- and as they have been, at great expense to every employer -- to every employee every year to tell them what they're making.

Now, I know there's some regions of the state where there's some employers that aren't too great and aren't too honest. But there's got to be a better way to make sure they are honest than requiring every employer, in addition to the pay stub which says it, to send a letter to everyone notifying them what they're paid.

If there's a problem in the city and there's some bad actors that should be punished in some way, maybe there's a remedy we can form, but not this one. This is -- I've been trying to get this done since the day after the bill was passed. And I vote -- I urge a yes vote. That's what I'm voting.

ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.

Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you, Mr. President.

Well, I appreciate my colleague's analysis. Perhaps if that was the only thing this chapter amendment did, I could be comfortable with that.

But this chapter amendment also says if the Department of Labor finds that you have had your wages stolen by your employer, they can only look back three years. But under current law, they can look back six years. So it's basically giving employers, who are already caught stealing your wages for three years, another three for free. And I don't think that's justice or fair to those workers who were underpaid for up to a six-year period.

I was perfectly happy with that time frame when the bill was passed, and I don't think it's right to reverse ourselves now and tell workers, Well, we know that you might have been cheated out of your wages for up to six years, but from now on we're only going to look back three, too bad on the rest.

I think that's wrong. I'll be voting no, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.

Is there any other Senator -- Senator Savino to explain her vote.

SENATOR SAVINO:Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Had to go last.

(Laughter.)

SENATOR SAVINO:Thank you, Mr. President.

As the sponsor of, first, the bill that was passed in 2010, the Wage Theft Prevention Act -- which, in spite of the fact that Senator DeFrancisco has never been a fan of the Wage Theft Prevention Act, it is the most comprehensive wage theft bill in the nation. In fact, it caught a very famous Congressman in its sights about a year ago.

This bill that's before us today is a result of a chapter amendment based upon the amendment to the Wage Theft Prevention Act that we all passed, I believe unanimously, at the end of last session. But after that bill was passed, the administration and the Department of Labor took a look at it and said, We think there's a couple of more tweaks that need to be made and preserve the integrity of the bill.

And so they put forward a chapter amendment, and that chapter amendment is here before us. And what it does, it takes one section of the law and moves it into a new section of labor law but preserves what the law was doing.

With respect to the question about how far back the Department of Labor can look back, there is a misunderstanding, from what I'm hearing from some of my colleagues. Nowhere does DOL say that a worker is not entitled to seek lost wages back six years. In fact, the Department of Labor will assist them in that process. All we did was make technical corrections based upon the Department of Labor's analysis of the wage theft amendment that was passed unanimously here last session.

And as a result of that, I am very proud to put forward this chapter amendment continuing what is the tightest, most comprehensive wage theft amendment law in the country.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Savino to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 16, those recorded in the negative are Senators Addabbo, Gianaris, Hassell-Thompson, Krueger, Panepinto, Peralta, Perkins, Rivera, Sampson, Serrano. Also Senator Montgomery.

ACTING PRESIDENT GRIFFO:The Secretary will reannounce the results.

THE SECRETARY:In relation to Calendar Number 16, those recorded in the negative are Senators Addabbo, Comrie, Dilan, Espaillat, Gianaris, Hassell-Thompson, Krueger, Montgomery, Panepinto, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano, Stavisky and Stewart-Cousins.

Ayes, 45. Nays, 17.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator LaValle, that completes the noncontroversial reading of the calendar.

SENATOR LaVALLE: Thank you, Mr. President.

Before we get to the end here, I would like to open to the members the resolution for the Civil Air Patrol Color Guard. Anyone not wanting to go on that should notify the desk.

ACTING PRESIDENT GRIFFO:At the request of Senator LaValle, the resolution that honored the Civil Air Patrol will be open to all members. If you choose not to be a cosponsor, please notify the desk.

Senator LaValle.

SENATOR LaVALLE: Is there any other business at the desk?

ACTING PRESIDENT GRIFFO:There is no further business before the desk.

SENATOR LaVALLE: There being no further business, I move we adjourn till Tuesday, January 13th, at 11:00 a.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Tuesday, January 13th, at 11:00 a.m.

Senate adjourned.

(Whereupon, at 4:19 p.m., the Senate adjourned.)