4594
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 5, 2019
11 1:37 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
4595
1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 June 4, 2019, the Senate met pursuant to
17 adjournment. The Journal of Monday, June 3,
18 2019, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: On page 44,
4596
1 Senator Liu moves to discharge, from the
2 Committee on Judiciary, Assembly Bill Number 7395
3 and substitute it for the identical Senate Bill
4 6158, Third Reading Calendar 950.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 THE SECRETARY: On page 49,
8 Senator Kaplan moves to discharge, from the
9 Committee on Rules, Assembly Bill Number 7594 and
10 substitute it for the identical Senate Bill 5991,
11 Third Reading Calendar 1023.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 THE SECRETARY: On page 58,
15 Senator Rivera moves to discharge, from the
16 Committee on Rules, Assembly Bill Number 7671 and
17 substitute it for the identical Senate Bill 6029,
18 Third Reading Calendar 1111.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
4597
1 Motions and resolutions.
2 SENATOR GIANARIS: Senator
3 Gianaris.
4 SENATOR GIANARIS: Thank you,
5 Mr. President.
6 On behalf of Senator Savino, I wish
7 to call up Senate Print 3420, recalled from the
8 Assembly, which is now at the desk.
9 ACTING PRESIDENT BENJAMIN: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1002, Senate Print 3420, by Senator Savino, an
13 act to amend the Social Services Law.
14 SENATOR GIANARIS: Move to
15 reconsider the vote by which this bill was passed.
16 ACTING PRESIDENT BENJAMIN: The
17 Secretary will call the roll on reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 53.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is restored to its place on the Third
22 Reading Calendar.
23 SENATOR GIANARIS: I offer the
24 following amendments.
25 ACTING PRESIDENT BENJAMIN: The
4598
1 amendments are received.
2 SENATOR GIANARIS: On behalf of
3 Senator Martinez, I wish to call up Senate Print
4 4577, recalled from the Assembly, which is now at
5 the desk.
6 ACTING PRESIDENT BENJAMIN: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 1011, Senate Print 4577, by Senator Martinez, an
10 act to amend the Agriculture and Markets Law.
11 SENATOR GIANARIS: Move to
12 reconsider the vote by which this bill was
13 passed.
14 ACTING PRESIDENT BENJAMIN: The
15 Secretary will call the roll on reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 53.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is restored to its place on the Third
20 Reading Calendar.
21 SENATOR GIANARIS: I offer the
22 following amendments.
23 ACTING PRESIDENT BENJAMIN: The
24 amendments are received.
25 SENATOR GIANARIS: On behalf of
4599
1 Senator Persaud, I wish to call up Senate Print
2 1092C, recalled from the Assembly, which is now
3 at the desk.
4 ACTING PRESIDENT BENJAMIN: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 454, Senate Print 1092C, by Senator Persaud, an
8 act to amend the Education Law.
9 SENATOR GIANARIS: I move to
10 reconsider the vote by which this bill was passed.
11 ACTING PRESIDENT BENJAMIN: The
12 Secretary will call the roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 53.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is restored to its place on the Third
17 Reading Calendar.
18 SENATOR GIANARIS: I offer the
19 following amendments.
20 ACTING PRESIDENT BENJAMIN: The
21 amendments are received.
22 SENATOR GIANARIS: On behalf of
23 Senator Hoylman, I wish to call up Senate Print
24 25A, recalled from the Assembly, which is now at
25 the desk.
4600
1 ACTING PRESIDENT BENJAMIN: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 307, Senate Print 25A, by Senator Hoylman, an act
5 to amend the Environmental Conservation Law.
6 SENATOR GIANARIS: Move to
7 reconsider the vote by which this bill was passed.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will call the roll on reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 53.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is restored to its place on the Third
14 Reading Calendar.
15 SENATOR GIANARIS: I offer the
16 following amendments.
17 ACTING PRESIDENT BENJAMIN: The
18 amendments are received.
19 SENATOR GIANARIS: On behalf of
20 Senator Carlucci, I wish to call up Senate Print
21 1243A, recalled from the Assembly, which is now
22 at the desk.
23 ACTING PRESIDENT BENJAMIN: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
4601
1 676, Senate Print 1243A, by Senator Carlucci, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT BENJAMIN: I move
4 to reconsider the vote by which this bill was
5 passed.
6 ACTING PRESIDENT BENJAMIN: The
7 Secretary will call the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 53.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is restored to its place on the Third
12 Reading Calendar.
13 SENATOR GIANARIS: I offer the
14 following amendments.
15 ACTING PRESIDENT BENJAMIN: The
16 amendments are received.
17 SENATOR GIANARIS: On behalf of
18 Senator Rivera, I wish to call up Senate Print
19 1342A, recalled from the Assembly, which is now
20 at the desk.
21 ACTING PRESIDENT BENJAMIN: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 1123, Senate Print 1342A, by Senator Rivera, an
25 act to amend the Public Health Law.
4602
1 SENATOR GIANARIS: I move to
2 reconsider the vote by which this bill was passed.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will call the roll on reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 53.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is restored to its place on the Third
9 Reading Calendar.
10 SENATOR GIANARIS: I offer the
11 following amendments.
12 ACTING PRESIDENT BENJAMIN: The
13 amendments are received.
14 SENATOR GIANARIS: On behalf of
15 Senator Rivera, I wish to call up Senate Print
16 5692, recalled from the Assembly, which is now at
17 the desk.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 833, Senate Print 5692, by Senator Rivera, an act
22 to amend the Education Law.
23 ACTING PRESIDENT BENJAMIN: Move to
24 reconsider the vote by which this bill was
25 passed.
4603
1 ACTING PRESIDENT BENJAMIN: The
2 Secretary will call the roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 53.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is restored to its place on the Third
7 Reading Calendar.
8 SENATOR GIANARIS: I offer the
9 following amendments.
10 ACTING PRESIDENT BENJAMIN: The
11 amendments are received.
12 SENATOR GIANARIS: On behalf of
13 Senator Gaughran, I wish to call up Senate Print
14 4173, recalled from the Assembly, which is now at
15 the desk.
16 ACTING PRESIDENT BENJAMIN: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 387, Senate Print 4173, by Senator Gaughran, an
20 act to amend the General Municipal Law.
21 SENATOR GIANARIS: Move to
22 reconsider the vote by which this bill was
23 passed.
24 ACTING PRESIDENT BENJAMIN: The
25 Secretary will call the roll on reconsideration.
4604
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 53.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is restored to its place on the Third
5 Reading Calendar.
6 SENATOR GIANARIS: I offer the
7 following amendments.
8 ACTING PRESIDENT BENJAMIN: The
9 amendments are received.
10 SENATOR GIANARIS: On behalf of
11 Senator Ramos, I wish to call up Senate Print
12 3344A, recalled from the Assembly, which is now
13 at the desk.
14 ACTING PRESIDENT BENJAMIN: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 243, Senate Print 3344A, by Senator Ramos, an act
18 to amend the Public Health Law.
19 SENATOR GIANARIS: Move to
20 reconsider the vote by which the bill was passed.
21 ACTING PRESIDENT BENJAMIN: The
22 Secretary will call the roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 53.
25 ACTING PRESIDENT BENJAMIN: The
4605
1 bill is restored to its place on the Third
2 Reading Calendar.
3 SENATOR GIANARIS: I offer the
4 following amendments.
5 ACTING PRESIDENT BENJAMIN: The
6 amendments are received.
7 SENATOR GIANARIS: Amendments are
8 also offered to the following Third Reading
9 Calendar bills:
10 Senator Sanders, page 8, Calendar
11 Number 216, Senate Print 3314;
12 Senator Martinez, page 15, Calendar
13 Number 465, Senate Print 3852;
14 Senator Parker, page 24, Calendar
15 Number 640, Senate Print 5090;
16 Senator Benjamin, page 31, Calendar
17 Number 784, Senate Print 5666A;
18 And Senator Hoylman, page 49,
19 Calendar Number 1020, Senate 45A.
20 I move that these bills retain their
21 place -- well, that's your line, Mr. President.
22 (Laughter.)
23 ACTING PRESIDENT BENJAMIN: The
24 amendments are received, and the bills shall
25 retain their place on the Third Reading Calendar.
4606
1 SENATOR GIANARIS: Please recognize
2 Senator Griffo.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Griffo.
5 SENATOR GRIFFO: Thank you,
6 Mr. President.
7 It's always good to have youngsters
8 in the gallery; they say the Pledge so audibly
9 and so passionately.
10 Mr. President, on behalf of
11 Senator Serino, I would like to move that
12 Senate Bill 1016 be discharged from its
13 respective committee and be recommitted with
14 instructions to strike the enacting clause.
15 ACTING PRESIDENT BENJAMIN: It is
16 so ordered.
17 Senator Gianaris.
18 SENATOR GIANARIS: Mr. President,
19 can we please take up previously adopted
20 Resolution 1178, by Senator Tedisco, read its
21 title only, and recognize Senator Tedisco.
22 ACTING PRESIDENT BENJAMIN: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 1178, by Senator Tedisco, congratulating the
4607
1 Charlton Heights Elementary School Odyssey of the
2 Mind Team upon the occasion of capturing the
3 New York State Championship on March 23, 2019.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Tedisco.
6 SENATOR TEDISCO: Thank you,
7 Mr. President.
8 Mr. President, it's my pleasure to
9 introduce to you and all of our colleagues a
10 group of outstanding students from the Charlton
11 Heights Elementary School in the 49th Senatorial
12 District who have excelled in an unprecedented
13 way in an educational competition. The Charlton
14 Heights Elementary School's Odyssey of the Mind
15 Team won the New York State championship at the
16 Odyssey of the Mind tournament in Binghamton on
17 Saturday, March 23, 2019.
18 Odyssey of the Mind is an
19 international educational program in which
20 students from kindergarten through college learn
21 how to think outside the box by working as a team
22 to solve open-ended problems. And as part of
23 this program, students learn creativity,
24 innovation, problem solving, critical thinking,
25 global awareness, interpersonal and collaborative
4608
1 communication skills, self-direction and
2 adaptability. And they have done a great job in
3 all of those areas in this competition.
4 This remarkable -- and I have to
5 emphasize this, because they look so beautiful up
6 there -- and bright all-girl team of six
7 fourth-graders' solution included a robotic
8 knight powered by hydraulics and two jaw-dropping
9 replicas of Leonardo's Mona Lisa and Lady with
10 Ermine paintings.
11 Just before Memorial Day weekend,
12 the team took third place at the World Finals at
13 Michigan State University in East Lansing,
14 Michigan, placing first in the performance
15 portion of the competition, in a contest which
16 included 72 other teams from all over the U.S.,
17 China, Poland, Japan, Korea, Canada, Switzerland,
18 and Mexico.
19 I'm going to ask them to stand up as
20 I call their names and we honor them. Their
21 names are Lucy Capo, Emme Fisher, Arden Heiner,
22 Stella Kibler, Gabi Tatro and Caroline Welsh.
23 And they're here with their coaches, Kodi Kibler
24 and Sara Welsh, and some very proud parents.
25 Mr. President, I ask you to welcome
4609
1 them, congratulate them, and wish them all the
2 best of this august body today.
3 ACTING PRESIDENT BENJAMIN: To our
4 students from Charlton Heights Elementary School,
5 and teachers, I welcome you on behalf of the
6 Senate. We extend to you all of the privileges
7 and courtesies of this house. Please be
8 recognized at this time by our body.
9 (Standing ovation.)
10 ACTING PRESIDENT BENJAMIN: The
11 resolution was previously adopted on April 30th.
12 Senator Gianaris.
13 SENATOR GIANARIS: Can we now take
14 up previously adopted Resolution 1114, by
15 Senator Metzger, read its title only, and
16 recognize Senator Metzger.
17 ACTING PRESIDENT BENJAMIN: The
18 Secretary will read.
19 THE SECRETARY: Senate Resolution
20 1114, by Senator Metzger, memorializing
21 Governor Andrew M. Cuomo to proclaim June 2019 as
22 Dairy Month in the State of New York.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Metzger on the resolution.
25 SENATOR METZGER: Thank you,
4610
1 Mr. President.
2 I'm very honored today to introduce
3 this resolution memorializing the Governor to
4 proclaim June 2019 as Dairy Month, in recognition
5 of the hard work, skills, innovation, stewardship
6 and productivity of New York's dairy sector,
7 which is the top producing sector in New York
8 agriculture.
9 The dairy industry accounts for
10 about 63,000 jobs across the state and also
11 contributes about $14 billion in economic output.
12 So it's extremely important to our state economy.
13 It's also extremely important to our rural
14 communities and our heritage.
15 Many dairy farmers are third
16 generation, fourth generation family farms. And
17 I hope everyone had an opportunity -- today is
18 Dairy Day -- to go to the Well and stop in and
19 see our farmers.
20 As many of you know, agriculture is
21 the number-one industry. And it faces a lot of
22 challenges right now, but we have to do what we
23 can to make sure we maintain a healthy, vital
24 dairy industry today and in the future.
25 Thank you very much.
4611
1 ACTING PRESIDENT BENJAMIN: Senator
2 Ortt on the resolution.
3 SENATOR ORTT: Yes, thank you,
4 Mr. President.
5 I'd like to thank the sponsor of the
6 resolution.
7 Hopefully everyone got down there to
8 taste some of the great products that come from
9 our New York dairy farms.
10 But hopefully experiencing that and
11 speaking to some of the dairy producers here in
12 Albany today, that will lead to good policy as it
13 relates to our dairy farms.
14 Because we know that over the
15 past -- between 2012 and 2017, New York State saw
16 a 9 percent contraction in our farms here in
17 New York State. The bulk of that 9 percent,
18 about 20 to 25 percent, were in the dairy
19 industry. And so we're losing dairy farms.
20 They're shrinking. We're getting away from small
21 family-owned dairy farms and into big corporate
22 dairy farms.
23 And I think if we really care about
24 our agriculture, the number-one industry in
25 New York, and our dairy industry, hopefully
4612
1 today's resolution and today's event will lead to
2 thoughtful policy and proactive policies that
3 help our dairy farms and don't hurt them. So
4 Mr. President, I support the resolution.
5 ACTING PRESIDENT BENJAMIN: The
6 resolution was previously adopted on April 30th.
7 Senator Gianaris.
8 SENATOR GIANARIS: Mr. President,
9 at the request of the sponsors, today's
10 resolutions are open for cosponsorship.
11 ACTING PRESIDENT BENJAMIN: The
12 resolutions are open for cosponsorship. Should
13 you choose not to be a cosponsor of the
14 resolutions, please notify the desk.
15 Senator Gianaris.
16 SENATOR GIANARIS: Mr. President,
17 today's business will include a Rules Committee
18 meeting followed by the calendar and a
19 supplemental calendar.
20 So at this time can we call an
21 immediate meeting of the Rules Committee in
22 Room 332.
23 ACTING PRESIDENT BENJAMIN: There
24 will be an immediate meeting of the
25 Rules Committee in Room 332.
4613
1 SENATOR GIANARIS: The Senate will
2 stand at ease.
3 ACTING PRESIDENT BENJAMIN: The
4 Senate will stand at ease.
5 (Whereupon, the Senate stood at ease
6 at 1:51 p.m.)
7 (Whereupon, the Senate reconvened at
8 2:19 p.m.)
9 ACTING PRESIDENT BENJAMIN: The
10 Senate will return to order.
11 Senator Gianaris.
12 SENATOR GIANARIS: If we can return
13 to reports of standing committees, I believe
14 there's a report of the Rules Committee at the
15 desk.
16 ACTING PRESIDENT BENJAMIN: We will
17 return to reports of standing committees.
18 There is a report of the
19 Rules Committee at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator
22 Stewart-Cousins, from the Committee on Rules,
23 reports the following bills:
24 Senate Print 2024A, by Senator
25 Little, an act to amend the Town Law;
4614
1 Senate Print 2093, by
2 Senator Akshar, an act to authorize the Village
3 of Endicott to offer an optional 20-year
4 retirement plan to a certain police officer
5 employed by such village;
6 Senate Print 2761, by
7 Senator Comrie, an act to amend the Vehicle and
8 Traffic Law;
9 Senate Print 2945B, by
10 Senator Stavisky, an act to amend the
11 Real Property Tax Law;
12 Senate Print 3135, by Senator Myrie,
13 an act to amend the Election Law;
14 Senate Print 3756, by Senator Mayer,
15 an act to amend the Domestic Relations Law;
16 Senate Print 3968, by
17 Senator Brooks, an act to amend the Retirement
18 and Social Security Law;
19 Senate Print 4351, by
20 Senator Kennedy, an act to amend the
21 Environmental Conservation Law;
22 Senate Print 4416A, by
23 Senator Kaplan, an act to require the
24 Empire State Development Corporation to create a
25 plan regarding non-motorized multi-use trails;
4615
1 Senate Print 4587, by
2 Senator Sanders, an act to amend the
3 General Municipal Law;
4 Senate Print 5163, by Senator
5 Comrie, an act to amend the General Business Law;
6 Senate Print 5387, by
7 Senator Comrie, an act to amend the
8 Agriculture and Markets Law;
9 Senate Print 5400, by
10 Senator Breslin, an act authorizing the assessor
11 of the City of Albany to accept from Congregation
12 Ohav Shalom an application for exemption from
13 real property taxes pursuant to Section 420-a of
14 the Real Property Tax Law;
15 Senate Print 5462A, by Senator May,
16 an act to amend the Election Law;
17 Senate Print 5465, by
18 Senator LaValle, an act to amend Chapter 389 of
19 the Laws of 2016;
20 Senate Print 5510, by
21 Senator Metzger, an act to amend the
22 Agriculture and Markets Law;
23 Senate Print 5522, by
24 Senator Skoufis, an act to direct the Department
25 of Education to study the frequency of residents
4616
1 who are being assessed library taxes for more
2 than one library district and to make
3 recommendations to prevent the double taxation of
4 residents;
5 Senate Print 5654, by
6 Senator Metzger, an act to amend the
7 Public Health Law and the Education Law;
8 Senate Print 5785, by Senator Mayer,
9 an act to authorize certain police officers to
10 receive certain service credit under Sections 384
11 and 384-d of the Retirement and Social Security
12 Law;
13 Senate Print 5794A, by Senator May,
14 an act in relation to authorizing the Liverpool
15 Central School District to receive state aid for
16 certain approved capital funded projects;
17 Senate Print 5822, by
18 Senator Metzger, an act to amend the Parks,
19 Recreation and Historic Preservation Law and the
20 General Municipal Law;
21 Senate Print 5858, by
22 Senator Persaud, an act to amend Chapter 74 of
23 the Laws of 2007 amending the Penal Law;
24 Senate Print 5859B, by
25 Senator Thomas, an act to amend the
4617
1 Personal Property Law;
2 Senate Print 5948, by
3 Senator Skoufis, an act authorizing the
4 Commissioner of General Services to transfer and
5 convey certain unappropriated state land to
6 Rockland Recovery Homes, Inc.;
7 Senate Print 6160, by
8 Senator Biaggi, an act to amend the Penal Law;
9 Senate Print 6178, by Senator Liu,
10 an act to amend the Domestic Relations Law;
11 Senate Print 6220A, by Senator
12 Benjamin, an act to amend the Executive Law;
13 Senate Print 6238, by Senator
14 Carlucci, an act to amend the Mental Hygiene Law;
15 Senate Print 6239, by Senator
16 Savino, an act to amend the Executive Law;
17 And Senate Print 6256, by
18 Senator Hoylman, an act to amend Chapter 237 of
19 the Laws of 2015 amending the Judiciary Law.
20 All bills ordered direct to third
21 reading.
22 SENATOR GIANARIS: Move to accept
23 the report of the Rules Committee.
24 ACTING PRESIDENT BENJAMIN: All in
25 favor of accepting the report of the
4618
1 Rules Committee signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT BENJAMIN:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT BENJAMIN: The
7 Rules Committee report is accepted.
8 SENATOR GIANARIS: Please take up
9 the reading of the calendar.
10 ACTING PRESIDENT BENJAMIN: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 550, Senate Print 4427A, by Senator Thomas, an
14 act to amend the General Business Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar Number 550, those Senators voting in the
4619
1 negative are Senators Akshar, Amedore, Antonacci,
2 Boyle, Flanagan, Funke, Gallivan, Griffo,
3 Helming, Jacobs, Jordan, Little, O'Mara, Ortt,
4 Ranzenhofer, Ritchie, Serino and Seward.
5 Ayes, 44. Nays, 18.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 625, Senate Print 5131, by Senator Harckham, an
10 act to amend the Public Health Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 60th day after it
15 shall have become a law.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: In relation to
22 Calendar Number 625, those Senators voting in the
23 negative are Senators Akshar, Amedore, Antonacci,
24 Flanagan, Gallivan, Griffo, Helming, Jacobs,
25 Jordan, Little, LaValle, O'Mara, Ortt,
4620
1 Ranzenhofer, Seward and Tedisco. Also Senator
2 Lanza. Also Senator Serino.
3 Ayes, 44. Nays, 18.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 639, Senate Print 4030A, by Senator Ramos, an act
8 to amend the Labor Law.
9 SENATOR GRIFFO: Lay it aside,
10 please.
11 ACTING PRESIDENT BENJAMIN: Lay it
12 aside.
13 THE SECRETARY: Calendar Number
14 789, Senate Print 3452, by Senator LaValle, an
15 act to amend Chapter 699 of the Laws of 1947.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
4621
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 858, Senate Print 3856, by Senator Lanza, an act
5 to amend the State Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 9. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 896, Senate Print 6148, by Senator Addabbo, an
20 act to amend Chapter 100 of the Laws of 2013.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
4622
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 901, Senate Print 4378, by Senator Parker, an act
10 to amend the Election Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect January 1, 2022.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 901, those Senators voting in the
22 negative are Senators Akshar, Amedore, Antonacci,
23 Boyle, Flanagan, Funke, Gallivan, Griffo,
24 Helming, Jacobs, Jordan, Lanza, LaValle, Little,
25 O'Mara, Ortt, Ranzenhofer, Ritchie, Robach,
4623
1 Serino, Seward and Tedisco.
2 Ayes, 40. Nays, 22.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 911, Senate Print 4495, by Senator Martinez, an
7 act to amend the Agriculture and Markets Law and
8 the General Business Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 913, Senate Print 5756, by Senator Metzger, an
23 act to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
4624
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day after it
3 shall have become a law.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 918, Senate Print 3547, by Senator Gallivan, an
14 act to authorize Dustin Waldron to receive
15 certain service credit under Section 384-d of the
16 Retirement and Social Security Law.
17 ACTING PRESIDENT BENJAMIN: There
18 is a home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4625
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 922, Senate Print 4719A, by Senator Metzger, an
6 act to authorize Curt McDermott to take the
7 competitive civil service examination and to be
8 placed on the eligible list for employment as a
9 full-time police officer with the Town of
10 Shawangunk.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 948, Senate Print 6153, by Senator Sepúlveda, an
25 act to amend the Executive Law.
4626
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 948, those Senators voting in the
12 negative are Senators Antonacci, Jacobs, Jordan,
13 Ortt and Robach --
14 ACTING PRESIDENT BENJAMIN: Senator
15 Sepúlveda to explain his vote.
16 SENATOR SEPÚLVEDA: Thank you,
17 Mr. President. My apologies; distractions here.
18 But this is a bill from the Office
19 of Victim Services. It provides that law
20 enforcement and state and local agencies must
21 provide records to enable the office to carry out
22 its functions of investigating claims by victims.
23 The bill is needed because a few
24 agencies do not currently cooperate with the
25 office since their cooperation is not required by
4627
1 law. The failure to turn over records to DVS
2 causes investigations to be delayed, leaving
3 victims to struggle financially while recovering
4 from the trauma of crime.
5 The bill also makes it clear that if
6 records from different agencies are inconsistent,
7 OVS should look at the totality of circumstances
8 to determine whether or not a victim should be
9 compensated. This is simply a codification of
10 OVS's current practice.
11 So I strongly support this bill and
12 am happy to sponsor this bill to speed up the
13 investigations on behalf of crime victims who
14 need much help. I vote affirmatively.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Sepúlveda to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 948, those Senators voting in the
20 negative are Senators Antonacci, Jacobs, Jordan,
21 Ortt and Robach.
22 Ayes, 57. Nays, 5.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4628
1 950, Assembly Print Number 7395, substituted
2 earlier by Assemblymember Weinstein, an act to
3 amend the Family Court Act and the Criminal
4 Procedure Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 90th day after it
9 shall have become a law.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN: Senator
14 Serino to explain her vote.
15 SENATOR SERINO: Thank you,
16 Mr. President.
17 I understand that this is an OCA
18 program bill, and I want to thank the sponsor for
19 carrying it. It's very similar to one that I
20 carried and passed in 2016.
21 After speaking with domestic
22 violence advocates in my community and a former
23 special prosecutor, I believe that in theory this
24 bill is a great thing. However, in practice,
25 there were some concerns expressed over the
4629
1 required language, which is why I did vote AWR in
2 committee on this legislation.
3 Firstly, there was concern about
4 some of the introductory language included in the
5 bill, because it's presumed that if a police
6 officer or a DA is providing this information,
7 then 911 has already been called.
8 Also, this bill has been amended
9 since I carried it, and the reading grade level
10 appears to have been raised from the bill we
11 originally passed. So I'm not sure this bill
12 actually makes it easier to understand.
13 I very much understand and support
14 the intent behind the bill, which is to notify
15 potential domestic violence victims of their
16 rights in plain language that is easy to
17 comprehend. But those that I have consulted have
18 expressed to me that we can do better to ensure
19 the proper inquiry of a victim.
20 More importantly, the bill does
21 require translations of this information in plain
22 English, Spanish, Chinese and Russian, but it's
23 very unclear who's responsible for the
24 translations. If this bill is enacted into law,
25 I urge the state to take it upon themselves to
4630
1 immediately provide these translations directly
2 to the individual agencies so that it does not
3 become a burden for them to track down someone
4 who is able to do the translation.
5 We also need to ensure that the
6 localities have the resources they need to
7 properly comply with the bill, and I would urge
8 the sponsor to consider an amendment that ensures
9 localities are not in violation of the statute
10 until these translations are actually provided to
11 them by the state.
12 Thank you, Mr. President. I am
13 voting aye and hope that these concerns can be
14 addressed before the bill is signed into law.
15 Thank you.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Serino to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 951, Senate Print 6214, by Senator Montgomery, an
24 act to amend the Family Court Act.
25 ACTING PRESIDENT BENJAMIN: Read
4631
1 the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN: Senator
9 Montgomery to explain her vote.
10 SENATOR MONTGOMERY: Yes,
11 Mr. President. This legislation also emanates
12 from the Office of Court Administration, and it
13 simply really seeks to clarify a section of the
14 Family Court Act which would ultimately result in
15 the Family Court being better able to execute the
16 issue of Close to Home, which is what we all hope
17 to continue to perfect in this legislative
18 session.
19 It clarifies an opportunity that a
20 Family Court judge has to institute an
21 adjournment in contemplation of dismissal, either
22 before the so-called fact-finding in any case or
23 before a final disposition on any case.
24 The ultimate result of this
25 legislation would allow the judge to make a
4632
1 determination as to whether or not a parent or a
2 family has to be separated -- a child or young
3 person has to be separated based on the
4 fact-finding in any case, and would really make
5 it possible that parents do not have to
6 ultimately have charges against them based on
7 access to the ACD process, which allows them to
8 have alternative responses to a situation that
9 they find themselves in with their child.
10 So I am very much in favor of this.
11 And we know that we have done Raise the Age, but
12 we have not completed the process, and this is
13 one more step in the direction of making sure
14 that Raise the Age really works for young people
15 in the State of New York. So I vote aye.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Montgomery to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 951, those Senators voting in the
21 negative are Senators Akshar, Antonacci,
22 Flanagan, Gallivan, Griffo, Helming, Jacobs,
23 Jordan, O'Mara, Ortt, Serino, Seward and Tedisco.
24 Ayes, 49. Nays, 13.
25 ACTING PRESIDENT BENJAMIN: The
4633
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 984, Senate Print 6196, by Senator May, an act to
4 amend the Penal Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 30th day after it
9 shall have become a law.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN: Senator
14 Ortt to explain his vote.
15 SENATOR ORTT: Yes, Mr. President.
16 I want to thank the sponsor for putting this bill
17 forward. Just another admission of the many
18 flaws with the New York State SAFE Act. This
19 corrects one of those flaws.
20 While I'd love to see more
21 corrected, I think given the current landscape,
22 this might be the best we can hope for today. So
23 I proudly support this measure.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Ortt to be recorded in the affirmative.
4634
1 Announce the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 985, Senate Print 3631, by Senator Breslin, an
7 act to amend the Insurance Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1023, Assembly Print Number 7594, substituted
22 earlier by Assemblymember Hunter, an act to amend
23 the Executive Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
4635
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day after it
3 shall have become a law.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN: Senator
8 Kaplan to explain her vote.
9 SENATOR KAPLAN: Thank you,
10 Mr. President.
11 Our state owes more than just a debt
12 of gratitude to our many veterans who bravely
13 served our country to protect our dearly held
14 freedoms. So we should be doing everything we
15 can to ensure that this government is responsive
16 to their needs.
17 The women veterans coordinator in
18 the Division of Veterans Services exists to help
19 us be fully responsive to the unique needs of
20 New Yorkers who are -- the veterans who are
21 women.
22 This bill will expand the rules of
23 the office to ensure that we are doing everything
24 we can to advocate for and support our veterans
25 who are women across New York State.
4636
1 I proudly sponsor this legislation,
2 and I cast my vote in the affirmative.
3 Thank you.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Kaplan to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1039, Senate Print 5623, by Senator Stavisky, an
12 act to amend the Education Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4637
1 1056, Senate Print 5757, by Senator Mayer, an act
2 to amend the Education Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect July 1, 2019.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1068, Senate Print 5574, by Senator Sepúlveda, an
17 act to amend the Civil Practice Law and Rules.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 30th day after it
22 shall have become a law.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
4638
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1071, Senate Print 6168, by Senator Hoylman, an
8 act to amend the Family Court Act and the
9 Domestic Relations Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 90th day after it
14 shall have become a law.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1094, Senate Print 5575A, by Senator Thomas, an
25 act to amend the General Business Law and the
4639
1 State Technology Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect on the 90th day after it
6 shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Thomas to explain his vote.
12 SENATOR THOMAS: Thank you,
13 Mr. President.
14 Thank you to the Majority Leader for
15 allowing me to push this forward, the Attorney
16 General's office that recommended this bill, and
17 Senator Carlucci for all his support on this.
18 In this modern age that we live in,
19 data is gold. Our apps need it, our websites
20 need it, it makes our lives easier by allowing us
21 to communicate better and conduct business
22 faster.
23 But there is an unexpected cost to
24 this, and that is our personal information is now
25 in the hands of others. This information has
4640
1 value and has led to several data breaches. In
2 2006 the New York Attorney General's office
3 received 300 data breach notifications, but in
4 2018, the office received over 1400 data breach
5 notifications.
6 These breaches have occurred at
7 Home Depot, Uber, and Anthem, among many other
8 established businesses, where millions of records
9 of consumers were compromised and hacked.
10 Currently in this state companies compile a trove
11 of personal information about New Yorkers and
12 there is no law requiring reasonable data
13 security to protect this information -- and no
14 requirement to notify you if your information was
15 compromised.
16 The Stop Hacks and Improve
17 Electronic Data Security Act, also known as the
18 SHIELD Act, changes all that by updating the law.
19 First, this expands the types of data that
20 trigger reporting requirements to include user
21 name and password combinations, biometric data,
22 and HIPAA-covered health data. It also applies
23 to unauthorized access by third parties.
24 Second, it requires companies to
25 adopt reasonable safeguards to protect private
4641
1 information.
2 The best way to address the data
3 breach issue is to stop breaches when they happen
4 in the first place. The SHIELD Act will do just
5 that. I vote aye.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Thomas to be recorded in the affirmative.
8 Senator Carlucci to explain his
9 vote.
10 SENATOR CARLUCCI: Thank you,
11 Mr. President.
12 And I want to thank Senator Thomas,
13 the chair of the Consumer Protection Committee,
14 for getting this legislation across the finish
15 line.
16 The SHIELD Act is so important
17 because unfortunately we've all seen that
18 identity theft is on the rise. Year after year,
19 more New Yorkers have fallen victim to identity
20 theft, costing New Yorkers millions of dollars.
21 And as Senator Thomas had stated, we
22 need to update our laws. Very simply, we can
23 protect New Yorkers by passing this legislation,
24 by updating what is the definition of
25 identifiable data, what is the definition of an
4642
1 actual breach. Right now someone can get your
2 credit card information but if they don't have a
3 password, then you don't need to be notified
4 because there's technically no data breach under
5 the current law.
6 This legislation also goes further
7 to identify and put into statute biometric data.
8 Technology is proliferating at a rapid pace, and
9 what this legislation will do is protect our
10 biometric data if it gets into the hands of the
11 wrong people.
12 So the criminals are getting smart,
13 the hackers are finding out new ways to victimize
14 all of us. So this legislation is a direct front
15 to that, to protect New Yorkers, to keep them
16 safe. This legislation does it.
17 I want to thank Senator Thomas and
18 all my colleagues for supporting this
19 legislation. Thank you, Mr. President.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Carlucci to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1094, those Senators voting in
25 the negative are Senators Amedore, Antonacci,
4643
1 Boyle, Flanagan, Gallivan, Griffo, Jacobs,
2 Jordan, Lanza, LaValle, O'Mara, Ortt,
3 Ranzenhofer, Ritchie, Robach, Serino and Seward.
4 Also Senators Helming, Little and Tedisco.
5 Ayes, 42. Nays, 20.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1097, Senate Print Number 6156, by
10 Senator Stewart-Cousins, an act to amend the
11 Private Housing Finance Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1098, Senate Print 6199, by Senator Jackson, an
4644
1 act to amend the Private Housing Finance Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1102, Senate Print 5780, by Senator May, an act
16 to amend Chapter 462 of the Laws of 2015.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4645
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1103, Senate Print 1795, by Senator Rivera, an
6 act to amend the Public Health Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1111, Assembly Print Number 7671, substituted
21 earlier by Assemblymember Zebrowski, an act to
22 amend Chapter 425 of the Laws of 2013.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
4646
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 Senator Gianaris, that completes the
11 reading of today's calendar.
12 SENATOR GIANARIS: Mr. President,
13 can we now take up the reading of the
14 controversial calendar.
15 ACTING PRESIDENT BENJAMIN: The
16 Secretary will ring the bell.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 639, Senate Print 4030A, by Senator Ramos, an act
20 to amend the Labor Law.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Akshar.
23 SENATOR AKSHAR: Mr. President,
24 thank you. On the bill for just a moment.
25 ACTING PRESIDENT BENJAMIN: Senator
4647
1 Akshar on the bill.
2 SENATOR AKSHAR: I'm asking
3 questions today on this particular piece of
4 legislation because it's my fear that we're going
5 to be hurting the very people that we're
6 attempting to protect by way of this legislation.
7 And rather than put forth policy in which we
8 create jobs, I'm afraid that this particular
9 piece of legislation will create the loss of
10 jobs.
11 So with that, Mr. President, would
12 the sponsor yield for a couple of questions.
13 ACTING PRESIDENT BENJAMIN: Will
14 the sponsor yield for a couple of questions?
15 SENATOR RAMOS: Yes, Mr. President.
16 ACTING PRESIDENT BENJAMIN: The
17 sponsor yields.
18 SENATOR AKSHAR: Thank you,
19 Senator Ramos. What is the motivation for this
20 particular piece of legislation?
21 SENATOR RAMOS: Through you,
22 Mr. President, the motivation for this piece of
23 legislation is the rampant wage theft in the car
24 wash industry, specifically downstate in the area
25 that I represent.
4648
1 My district alone has 12 car washes,
2 meaning 200 to 300 workers who depend on the
3 whims of good tippers in order to be able to put
4 enough food on the table.
5 And so this bill helps those
6 businesses in diminishing their cost of
7 compliance, because the wage structure is so
8 complicated for tipped workers that allowing them
9 to not have to make up for what was missed in
10 tips actually does help provide more clarity for
11 the worker's paycheck and the business's
12 calculations.
13 SENATOR AKSHAR: Will the sponsor
14 continue to yield?
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR RAMOS: Yes, Mr. President.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR AKSHAR: Through you,
21 Mr. President. Could the sponsor describe to me
22 the Wage Theft Protection Act and how that
23 protects employees that find themselves in this
24 particular position?
25 SENATOR RAMOS: So it's a little
4649
1 different. That -- what the Wage Theft Act does
2 is ensure different mechanisms to prevent wage
3 theft, sure.
4 But what this bill does is ensure
5 that the workers are being compensated,
6 rightfully so, for the work that they have
7 performed in a way that -- you know, car wash
8 work is often dependent on inclement weather and
9 many other variables. So this is in order to
10 protect this particular sector of workers.
11 SENATOR AKSHAR: Mr. President,
12 through you, if the sponsor would continue to
13 yield.
14 ACTING PRESIDENT BENJAMIN: Does
15 the sponsor yield?
16 SENATOR RAMOS: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 sponsor yields.
19 SENATOR AKSHAR: I'm going to come
20 back to that in just a moment.
21 I'm just curious, was there a
22 specific group or a specific organization that
23 wanted this particular bill drafted?
24 SENATOR RAMOS: Mr. President, yes.
25 I have met with many car washers, even though I
4650
1 don't own a car myself. I am proud to say many
2 of them are my neighbors. I am working with
3 unions, not-for-profit organizations from my
4 neighborhood, to ensure that this bill gets
5 passed today and their lives are better for it.
6 SENATOR AKSHAR: Mr. President,
7 through you, if the sponsor would continue to
8 yield.
9 ACTING PRESIDENT BENJAMIN: Does
10 the sponsor yield?
11 SENATOR AKSHAR: Yes.
12 ACTING PRESIDENT BENJAMIN: The
13 sponsor yields.
14 SENATOR AKSHAR: Does this
15 particular piece of legislation have anything to
16 do with the RWDSU's failure in and around 2014 to
17 unionize car washes throughout the City of
18 New York?
19 SENATOR RAMOS: Mr. President, this
20 bill has everything to do with car wash owners
21 who simply use the complicated wage structure to
22 take away wages, essentially steal wages from
23 their workers. So we're trying to correct a
24 wrong and ensure that there's economic justice
25 for car washers.
4651
1 SENATOR AKSHAR: Mr. President,
2 through you, if the sponsor would continue to
3 yield.
4 ACTING PRESIDENT BENJAMIN: Does
5 the sponsor yield?
6 SENATOR BROOKS: Yes.
7 ACTING PRESIDENT BENJAMIN: The
8 sponsor yields.
9 SENATOR AKSHAR: So I thank you for
10 that answer, but I guess I'll ask just one more
11 time. Does this have anything to do with the
12 failed attempt at unionizing car washes
13 throughout the City of New York?
14 SENATOR RAMOS: No.
15 SENATOR HELMING: Thank you.
16 Mr. President, if the sponsor would
17 continue to yield.
18 ACTING PRESIDENT BENJAMIN: Does
19 the sponsor yield?
20 SENATOR RAMOS: Yes.
21 ACTING PRESIDENT BENJAMIN: The
22 sponsor yields.
23 SENATOR AKSHAR: Mr. President,
24 through you. It's my understanding that there's
25 a current structure in place that if the wage for
4652
1 a car wash worker is 7.50 an hour -- let's say,
2 for argument's sake, it's $8 an hour, and the
3 minimum wage in the City of New York is $15 an
4 hour, it's my understanding that the current
5 system in place requires the employer, the car
6 wash owner, to compensate the worker of the car
7 wash facility that full $15 an hour fee, right?
8 So my question to the sponsor is,
9 why not just continue to use the current system
10 that is in place and hold bad actors accountable
11 and enforce the rule that is currently on the
12 books?
13 SENATOR RAMOS: Mr. President, the
14 current system isn't working. That's why we're
15 presenting this bill today. And it's not -- it
16 isn't often the case where the employers are
17 actually making up for that lost wages to catch
18 up to the minimum wage. That's exactly how
19 millions of dollars, $4 million in one year, has
20 been stolen from this particular group of
21 workers.
22 SENATOR AKSHAR: Mr. President,
23 through you, if the sponsor would continue to
24 yield.
25 ACTING PRESIDENT BENJAMIN: Does
4653
1 the sponsor yield?
2 SENATOR RAMOS: Yes.
3 ACTING PRESIDENT BENJAMIN: The
4 sponsor yields.
5 SENATOR AKSHAR: Mr. President, the
6 sponsor suggests that the system is not working.
7 Is the sponsor suggesting that the Department of
8 Labor is not doing their job and not
9 appropriately enforcing the rules that are
10 currently on the books?
11 SENATOR RAMOS: No.
12 SENATOR AKSHAR: Mr. President,
13 through you, if the sponsor would continue to
14 yield.
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR RAMOS: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR AKSHAR: Mr. President,
21 through you. Then who is to blame?
22 SENATOR RAMOS: Car wash owners,
23 Mr. President, who are abusing the system of
24 tipped-waged work that isn't working for migrant
25 workers, for low-wage workers across the state
4654
1 across various industries.
2 We are zeroing in on this particular
3 industry today, but I promise you we'll be
4 discussing other industries in the future. We're
5 ensuring that this particular group of workers
6 can be able to put food on the table with the
7 rising cost of living in New York. It's why this
8 bill is particularly focused on the five
9 boroughs, Westchester, Long Island -- not the
10 Senator's district.
11 And so I want to ensure that we are
12 skirting wage theft everywhere we can.
13 SENATOR AKSHAR: Mr. President, if
14 the sponsor will continue to yield.
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR RAMOS: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR AKSHAR: I enjoy the
21 back-and-forth dialogue. I'm sorry if I'm
22 upsetting you.
23 Mr. President, through you, I have
24 to come back to this because we're suggesting
25 that there is fraud and abuse in the system, the
4655
1 system as currently structured is not working. I
2 asked specifically if the Department of Labor was
3 to blame for that. The sponsor said no.
4 I would like an answer as to whose
5 lap does this fall in? Who is to blame for the
6 fraud and abuse that's currently happening, and
7 why are the laws as currently structured not
8 being enforced appropriately?
9 SENATOR RAMOS: Mr. President,
10 intimidation from employers is real. We want to
11 make sure that we're doing the right thing here.
12 Look, it's not about just the
13 Department of Labor which, yes, has traditionally
14 been underfunded. But while we're fighting for
15 that, come budget time every year, especially on
16 this side of the aisle, we do need to make sure
17 that we're holding these folks accountable.
18 And more than that, ensure that
19 there is a way that these workers who many of
20 them often don't speak English, don't necessarily
21 understand what their rights are, much less able
22 to haggle with their employer about whether
23 they're getting their fair share of the pool of
24 tips for everyone.
25 It's much easier on the business not
4656
1 having to calculate and comply with that wage
2 structure and simply allow these workers to make
3 a minimum wage.
4 SENATOR AKSHAR: Mr. President,
5 through you, if the sponsor will continue to
6 yield.
7 ACTING PRESIDENT BENJAMIN: Does
8 the sponsor yield?
9 SENATOR RAMOS: Yes.
10 ACTING PRESIDENT BENJAMIN: The
11 sponsor yields.
12 SENATOR AKSHAR: Because you know
13 that this is a problem in your district, how many
14 times have you called the Department of Labor to
15 go out and investigate these car washes and
16 enforce the laws that are currently on the books?
17 SENATOR RAMOS: Actually, twice,
18 Mr. President.
19 SENATOR AKSHAR: Mr. President,
20 through you, if the sponsor would continue to
21 yield.
22 ACTING PRESIDENT BENJAMIN: Does
23 the sponsor yield?
24 SENATOR RAMOS: Yes.
25 ACTING PRESIDENT BENJAMIN: The
4657
1 sponsor yields.
2 SENATOR AKSHAR: Through you,
3 Mr. President, what was the outcome of those
4 interactions with the Department of Labor?
5 SENATOR RAMOS: The interactions
6 with the Department of Labor were that they were
7 sent to inspect and work with those workers to
8 figure out whether there really was wage theft.
9 If memory serves me right -- because
10 quite frankly, this is about a decade ago now,
11 because that's when I was working in the labor
12 movement -- one of those cases, there was rampant
13 wage theft at that particular location and it was
14 taken care of.
15 SENATOR AKSHAR: Mr. President,
16 through you, if the sponsor will continue to
17 yield.
18 ACTING PRESIDENT BENJAMIN: Does
19 the sponsor yield?
20 SENATOR RAMOS: Yes.
21 ACTING PRESIDENT BENJAMIN: The
22 sponsor yields.
23 SENATOR AKSHAR: So the current
24 system worked as currently structured, number
25 one.
4658
1 And number two, just a follow-up to
2 my original question, since you've been a
3 Senator, have you called the Department of Labor
4 and asked them to investigate and enforce the
5 laws that are currently on the books?
6 SENATOR RAMOS: Mr. President, if
7 the system worked, then in 2014 alone, the
8 New York Attorney General wouldn't have secured
9 judgments of $4 million on 24 car washes. This
10 is a system that does not work.
11 And no, I have not called since I
12 became a Senator. And before that, I appreciate
13 your concern about my feelings about this debate.
14 I feel very strongly that what we're
15 doing here is trying to do the right thing for
16 people who need to be able to keep up with the
17 cost of living, not bearing any brunt on the
18 business owner.
19 SENATOR AKSHAR: Mr. President,
20 through you, if the sponsor would continue to
21 yield.
22 ACTING PRESIDENT BENJAMIN: Does
23 the sponsor yield?
24 SENATOR RAMOS: Yes.
25 ACTING PRESIDENT BENJAMIN: The
4659
1 sponsor yields.
2 SENATOR AKSHAR: So you just
3 suggested that it's important to you that those
4 in this particular industry make the minimum
5 wage. But is it fair to say that the way that
6 the system is currently structured, if one is
7 paid $8 an hour plus their tips, if they don't
8 make that in their tips, the employer is still
9 required to fulfill that obligation so a person
10 is making the $15 an hour.
11 SENATOR RAMOS: Mr. President, yes.
12 But that is often not the case. That's where the
13 wage theft happens. Employers end up taking
14 advantage of workers who don't necessarily know
15 their rights, don't necessarily speak English.
16 This is where that wage theft has happened
17 rampantly.
18 So in order to eliminate all of that
19 noncompliance, in order to eliminate all of these
20 lawsuits, it's much easier to just bring them up
21 to the minimum wage like everyone else, $15 in
22 New York City and less elsewhere.
23 SENATOR AKSHAR: Mr. President,
24 through you, if the sponsor would continue to
25 yield.
4660
1 ACTING PRESIDENT BENJAMIN: Does
2 the sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 sponsor yields.
6 SENATOR AKSHAR: How many car
7 washes are unionized throughout the City of
8 New York?
9 SENATOR RAMOS: I don't know,
10 Mr. President, throughout the City of New York.
11 But proudly I can say two in my district.
12 SENATOR AKSHAR: Mr. President,
13 through you, if the sponsor would continue to
14 yield.
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR RAMOS: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR AKSHAR: Has the sponsor
21 had any specific conversations with car wash
22 owners about this particular piece of
23 legislation?
24 SENATOR RAMOS: Mr. President, car
25 wash owners did not approach me to oppose this
4661
1 piece of legislation in any moment.
2 SENATOR AKSHAR: Mr. President,
3 through you, if the sponsor would continue to
4 yield.
5 ACTING PRESIDENT BENJAMIN: Does
6 the sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BENJAMIN: Sponsor
9 yields.
10 SENATOR AKSHAR: I didn't ask that
11 question. What I asked was if the sponsor had
12 gone out in her district or, as the chairwoman of
13 the Labor Committee, into the other respective
14 geographical areas that this particular piece of
15 legislation will affect, and did she have any
16 conversations with those who own and operate car
17 washes?
18 SENATOR RAMOS: Mr. President, I
19 did not. Because I count that my colleagues who
20 have cosponsored the legislation have also done
21 their due diligence and are representing their
22 districts wholly and fully.
23 SENATOR AKSHAR: Mr. President,
24 through you, if the sponsor would continue to
25 yield.
4662
1 ACTING PRESIDENT BENJAMIN: Does
2 the sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 sponsor yields.
6 SENATOR AKSHAR: Has the sponsor of
7 this piece of legislation had any conversations
8 with car wash workers about this particular piece
9 of legislation?
10 SENATOR RAMOS: I -- earlier,
11 Mr. President, I said I had.
12 SENATOR AKSHAR: If the sponsor
13 would continue to yield.
14 ACTING PRESIDENT BENJAMIN: Does
15 the sponsor yield?
16 SENATOR RAMOS: Yes.
17 ACTING PRESIDENT BENJAMIN: The
18 sponsor yields.
19 SENATOR AKSHAR: Would the sponsor
20 enlighten us as to what those car wash workers
21 said and how they felt about this particular
22 legislation and how it would affect the people
23 who were either going to tip or not tip them?
24 SENATOR RAMOS: Yes, Mr. President.
25 What these workers communicated was that they
4663
1 don't always make enough and their employers
2 don't necessarily always make up for the
3 difference.
4 So they very much support this
5 legislation and have been advocating for it for a
6 very long time because they know how much better
7 their quality of life would be.
8 SENATOR AKSHAR: Mr. President, if
9 the sponsor would continue to yield.
10 SENATOR RAMOS: Yes.
11 ACTING PRESIDENT BENJAMIN: Does
12 the sponsor yield? The sponsor yields.
13 SENATOR AKSHAR: Does the sponsor
14 believe that this is going to create more jobs in
15 the car wash industry or eliminate jobs in the
16 car wash industry?
17 SENATOR RAMOS: The sponsor
18 believes that what this bill would do is ensure
19 that there are good jobs.
20 SENATOR AKSHAR: Mr. President,
21 through you, if the sponsor would continue to
22 yield.
23 ACTING PRESIDENT BENJAMIN: Does
24 the sponsor yield?
25 SENATOR RAMOS: Yes.
4664
1 ACTING PRESIDENT BENJAMIN: The
2 sponsor yields.
3 SENATOR AKSHAR: Try again. I
4 didn't ask that question.
5 The question is, is do you believe
6 that this particular piece of legislation will
7 create more jobs in the car wash industry or it
8 will eliminate jobs in the car wash industry?
9 SENATOR RAMOS: Mr. President, I'm
10 going to repeat my answer that what this bill
11 would do is ensure that car wash jobs are good
12 jobs.
13 SENATOR AKSHAR: Mr. President,
14 through you, if the sponsor would continue to
15 yield.
16 ACTING PRESIDENT BENJAMIN: Does
17 the sponsor yield?
18 SENATOR RAMOS: Yes.
19 ACTING PRESIDENT BENJAMIN: The
20 sponsor yields.
21 SENATOR AKSHAR: I'll just try it a
22 different way.
23 The sponsor I'm sure is aware of the
24 fast food industry, the changes in the minimum
25 wage surrounding the fast food industry. Would
4665
1 the sponsor be able to tell me from her own
2 thoughts or from her own district if -- since the
3 change in the fast food minimum wage, do you see
4 more people working in McDonald's and Burger King
5 or more kiosks in McDonald's and Burger King now
6 that we've made the changes to the minimum wage
7 laws?
8 SENATOR RAMOS: I don't know. I
9 don't know. Mr. President, I'm sorry, but I'm
10 not a frequent fast food eater.
11 SENATOR AKSHAR: Okay. It's good.
12 Good for your health.
13 SENATOR RAMOS: (Inaudible.)
14 SENATOR AKSHAR: Mr. President,
15 through you, if the sponsor would continue to
16 yield.
17 ACTING PRESIDENT BENJAMIN: Does
18 the sponsor yield?
19 SENATOR RAMOS: Sure.
20 ACTING PRESIDENT BENJAMIN: The
21 sponsor yields.
22 SENATOR AKSHAR: In her time on
23 this beautiful earth, has the sponsor ever walked
24 by a McDonald's or walked by a Burger King?
25 SENATOR RAMOS: Yes, Mr. President,
4666
1 I have.
2 SENATOR AKSHAR: Mr. President,
3 through you, if the sponsor would continue to
4 yield.
5 ACTING PRESIDENT BENJAMIN: Does
6 the sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BENJAMIN: The
9 sponsor yields.
10 SENATOR AKSHAR: So in walking by
11 those fast food restaurants just in her own
12 district, are there more kiosks or more workers
13 today than there were, say, three years ago?
14 SENATOR RAMOS: In my district in
15 particular, it's pretty much the same.
16 SENATOR GIANARIS: Mr. President.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Gianaris.
19 SENATOR GIANARIS: I can definitely
20 answer questions about fast food if Senator
21 Akshar would like.
22 (Laughter.)
23 SENATOR AKSHAR: I'll move on,
24 Senator Gianaris.
25 SENATOR GIANARIS: Thank you.
4667
1 (Laughter.)
2 SENATOR AKSHAR: Mr. President,
3 through you, if the sponsor would continue to
4 yield.
5 ACTING PRESIDENT BENJAMIN: Does
6 the sponsor yield?
7 SENATOR RAMOS: Yes.
8 ACTING PRESIDENT BENJAMIN: The
9 sponsor yields.
10 SENATOR AKSHAR: I appreciate the
11 sponsor's indulgence, and I'll finish up in just
12 a moment.
13 When labor costs rise for any
14 business, typically speaking, what do business
15 owners do?
16 SENATOR RAMOS: Well,
17 Mr. President, they figure out how to cut
18 overhead.
19 And it is my belief that workers are
20 not overhead. I think that if you can't pay your
21 worker at least the minimum wage, then you don't
22 have a viable business.
23 SENATOR AKSHAR: Mr. President,
24 through you, if the sponsor would continue to
25 yield.
4668
1 ACTING PRESIDENT BENJAMIN: Does
2 the sponsor yield?
3 SENATOR RAMOS: Yes.
4 ACTING PRESIDENT BENJAMIN: The
5 sponsor yields.
6 SENATOR AKSHAR: Would the sponsor
7 agree that the cost of employment is probably one
8 of the biggest cost drivers -- I'll let your
9 counsel finish. No, no, it's okay.
10 SENATOR RAMOS: Go ahead.
11 SENATOR AKSHAR: Okay. Through
12 you, Mr. President. Can we agree that employees
13 are the highest cost driver in any business? One
14 of the highest.
15 SENATOR RAMOS: Mr. President, that
16 is a very generalized statement that I am not
17 going to assert.
18 SENATOR AKSHAR: On the bill,
19 Mr. President.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Akshar on the bill.
22 SENATOR AKSHAR: I want to thank
23 the sponsor for her indulgence and for her
24 answering my questions.
25 You know, I'm a firm believer that
4669
1 it is not government's responsibility to create
2 jobs. It's our responsibility to create an
3 environment which businesses can thrive and
4 prosper on their own. And I'm a believer that
5 when those businesses do in fact thrive and
6 prosper, they take care of their employees.
7 And I'll say this again -- not that
8 I am anti-car wash worker, but my fear is that by
9 implementing this policy we're actually going to
10 be hurting the people that we're trying to help.
11 And what this bill really is, the
12 truth of this is that it's a job-killing
13 regulation. It's a job killer. It's not a job
14 creator. And it's going to kill the jobs of the
15 people that we're trying to protect.
16 And people are -- people really,
17 without giving this a great deal of thought,
18 rather than posturing politically, I think it's
19 incredibly important to really put some thought
20 into this and not just implement this policy in
21 which people are going to end up losing their
22 jobs. Right? Businesses will close and there
23 will be less people -- the very same people that
24 the sponsor is trying to protect, there will be
25 less of those people working in the car wash
4670
1 industry.
2 Companies continue to be faced with
3 incredibly hard choices. They either have to
4 raise their prices, they have to close their
5 doors, or they have to lay off workers. I think
6 that there are very, very real consequences when
7 politicians stick their nose where they don't
8 belong -- where it doesn't belong. And I think
9 this particular issue is one of those times.
10 Thank you, Mr. President.
11 ACTING PRESIDENT BENJAMIN: Are
12 there any other Senators wishing to be heard?
13 Senator Savino.
14 SENATOR SAVINO: Thank you,
15 Mr. President.
16 ACTING PRESIDENT BENJAMIN: On the
17 bill?
18 SENATOR SAVINO: On the bill.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Savino on the bill.
21 SENATOR SAVINO: First I want to
22 thank Senator Ramos for bringing this bill
23 through.
24 As the person who wrote the
25 Wage Theft Prevention Act just a little under
4671
1 nine years ago, we wrote that bill because there
2 was rampant wage theft happening in every
3 industry in this state, workers being exploited,
4 being ripped off. And we did it because it was
5 to protect not just workers from being ripped off
6 by their employers, but it was about leveling the
7 playing field for good employers.
8 We write laws -- government sticks
9 their nose into these things -- because it's the
10 right thing to do. We establish regulations for
11 the marketplace, we establish protections for
12 workers, and we want a level playing field for
13 everyone. So that if you're a good employer and
14 you're abiding by the rules and you're paying
15 your workers pursuant to the minimum wage laws or
16 any laws, and you are paying workers' comp for
17 your workers as we require you to, and you're
18 paying unemployment as we require you to, and
19 you're abiding with all the other laws, you're
20 not undercut by bad actors who could be across
21 the street and ripping their workers off or not
22 paying unemployment.
23 Because we know if you're not paying
24 your workers, you're not paying the government.
25 You're not paying your taxes, you're not paying
4672
1 workers' comp, you're not paying unemployment.
2 And so if you're ripping your workers off at the
3 car wash, you're not paying those other fees
4 either.
5 Now, we know that this is one of the
6 most convoluted wage schemes that exists in the
7 subminimum wage. That's what makes these workers
8 so vulnerable. It's unlike the restaurant
9 industry or the taxicab industry. The workers
10 who work in a car wash -- now, car washes in
11 New York City are a little bit different. I have
12 a car, I tend to take mine in and have it washed
13 from time to time. You take it in there, it goes
14 through the machine, and when you come out, there
15 are about six or seven guys and they descend upon
16 your car like a swarm of locusts. And they
17 polish it and they clean it, they do the most
18 amazing job. When you leave there, your car is
19 almost brand-new. And you assume that the guy
20 who runs the car wash is taking care of them,
21 he's following the rules, he's paying them what
22 he's required to under the industry subminimum
23 wage and guaranteeing that they get the
24 subminimum. And usually there's a box there
25 somewhere where people put tips in. And you
4673
1 hope, you trust, that they divide those tips up
2 and everyone is compensated.
3 But the reality that we know is a
4 vast majority of them are not getting the tips
5 that go into that box. The owners are taking the
6 tips for themselves, they're not conveying them
7 to the workers, and the workers are too afraid to
8 complain.
9 They work in some of the worst
10 conditions. It's cold. I want my car cleaned --
11 it could be 40 degrees, it could be 20 degrees.
12 They'll be out there shining your car, dealing
13 with harsh chemicals. The least we can do is
14 guarantee that they are paid what they are
15 entitled to be paid.
16 This tipped wage credit allows
17 employers to claim the credit and keep the money.
18 That doesn't mean that all car wash owners are
19 bad. Some of them are decent people and take
20 care of their workers. But this is an industry
21 that allows exploitation far too often. And
22 that's why we need to act to protect them.
23 This is an anachronistic system that
24 we can fix, eliminating the tipped-wage credit in
25 this industry and seeing to it that those guys
4674
1 who make sure my car looks like it did the day it
2 rolled out of the showroom are adequately
3 compensated and protected.
4 I vote in favor of this bill. Thank
5 you, Mr. President.
6 ACTING PRESIDENT BENJAMIN: Are
7 there any other Senators wishing to be heard?
8 Senator Ranzenhofer.
9 SENATOR RANZENHOFER: Thank you,
10 Mr. President. Listening to the debate back and
11 forth --
12 ACTING PRESIDENT BENJAMIN: Senator
13 Ranzenhofer on the bill?
14 SENATOR RANZENHOFER: On the bill,
15 no questions.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Ranzenhofer on the bill.
18 SENATOR RANZENHOFER: So listening
19 to the debate was very enlightening in light of
20 some of the things that were said.
21 So the way the problem was defined
22 today is that there really is not a problem with
23 the wage, there is a wage theft problem. So the
24 question is, well, then, how do you deal with the
25 wage theft problem? Under our law, that is a
4675
1 crime. Okay, it's a crime right now.
2 So it would appear to me that the
3 way to fix the problem is for the Labor
4 Department -- and I was very interested to hear
5 that, you know, there was really no comment on
6 what the Labor Department is doing. It seems to
7 me that if this is a problem, then the
8 administration's Labor Department is really not
9 doing its job. Because at least in my district,
10 the Labor Department comes down on many, many
11 businesses, very often unfairly and harshly. And
12 very often when you have to fight the
13 Labor Department, the cost in fighting the
14 Labor Department will simply drive you out of
15 business.
16 So it seems like we're trying to
17 solve a problem by creating another problem. So
18 what is the problem that is going to be created?
19 And I'm thankful that at least this is not
20 applied to my district right now. But my fear is
21 that if this is enacted, what is going to happen
22 to the rest of the state in the future.
23 Well, let me tell you what happened
24 in my district. Because I also own a car and I
25 bring it to a car wash. I also visit fast food
4676
1 places and see what has happened with the
2 implementation of the minimum wage. I also go to
3 grocery stores and see what has happened with the
4 implementation of minimum wage. So at least in
5 my district for car washes, what you used to have
6 is -- most of it is automated. Even before we
7 did the minimum wage, most of car washing is
8 automated in my district. You bring your car in,
9 you pay somebody who is at the booth, and there
10 used to be people who were standing there that
11 would spray your car before you went into the car
12 wash, and there were many people there
13 afterwards, as Senator Savino described, who
14 would then take the rags and shine your car.
15 So now when I go through a car wash,
16 what do I see? I don't see the people that are
17 spraying anymore, those jobs have been
18 eliminated. And the number of people that
19 actually dry your car at the end of the day is
20 far fewer.
21 What do I see when I go into a fast
22 food place? I see many more kiosks. What do I
23 see when I go into a grocery? It used to be that
24 every aisle had a cashier, every aisle had
25 somebody -- not every aisle, but many aisles had
4677
1 people that would bag your groceries. What do I
2 see today? I see far fewer aisles where there
3 are cashiers. I see much more automation. I see
4 one employee where I used to see six, one
5 employee basically supervising these automations.
6 So what are we doing here? What is
7 the ultimate result of what's going to happen at
8 least in the MTA area right now and hopefully not
9 the rest of the state? I think that this is
10 going to -- you know, the consequence is going to
11 be while maybe some people will make more money,
12 what is going to be the end result is that you
13 are going to have fewer jobs at the lower end of
14 pay scale jobs, people that are making minimum
15 wage -- if you have the tipped wage plus your
16 tips, you're making minimum wage.
17 But this is just going to be a
18 further eradication of people that are at the
19 lower strata of getting into the workforce,
20 whether because of training, whether because of
21 education, for whatever reason, are just not
22 making what professionals do, what people with
23 better educations are able to make.
24 So -- and the one further comment I
25 want to make is at least in my district, there
4678
1 are many businesses -- I heard the comment, Well,
2 if you can't pay a minimum wage, then you have
3 you don't deserve to be in business. We have a
4 lot of manufacturers in our district. We have a
5 lot of in our district. We have a lot of
6 companies in our district that are good
7 employers, employees like working there,
8 employees are able to support their families
9 there. And to say that a business is only good
10 if it pays a certain wage I think is a really
11 unfair characterization of business in the State
12 of New York.
13 So while I understand the motive
14 behind the bill, I understand what the sponsor is
15 trying to accomplish -- and if this passes,
16 certainly those people that are still employed in
17 that business will be doing better. My fear is
18 that there's a better approach, and that is if we
19 as a Legislature can't say to the Executive,
20 can't say to the administration: There's a law
21 on the books, it's a crime to do what is being
22 done, you're not doing a very good job of it, you
23 need to do better -- if we can't say as a
24 Legislature say that's really the way to solve
25 the problem, then I don't -- you know, I don't
4679
1 subscribe to that philosophy at all.
2 So again, I understand the
3 intention. But I think that this bill is not
4 good for the part of the state which is going to
5 be affected. My fear is that if this is passed,
6 that others will want to implement this in other
7 parts of the state, and that would not be good
8 for my district.
9 So I will be voting no on this bill.
10 When we vote, I'll be voting no on the bill.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Antonacci.
13 SENATOR ANTONACCI: Mr. President,
14 will the sponsor yield for a question?
15 ACTING PRESIDENT BENJAMIN: Will
16 the sponsor yield?
17 SENATOR RAMOS: Yes.
18 ACTING PRESIDENT BENJAMIN: The
19 sponsor yields.
20 SENATOR ANTONACCI: Through you,
21 Mr. President. Can the sponsor tell me why this
22 bill has to take effect within 30 days of its
23 passage?
24 SENATOR RAMOS: Mr. President, we
25 want this bill to be enacted as soon as possible.
4680
1 If it could happen tomorrow, it should.
2 SENATOR ANTONACCI: Mr. President,
3 will the sponsor continue to yield?
4 ACTING PRESIDENT BENJAMIN: Does
5 the sponsor yield?
6 SENATOR RAMOS: Yes.
7 ACTING PRESIDENT BENJAMIN: The
8 sponsor yields.
9 SENATOR ANTONACCI: Am I to take
10 it, then, that there's no worry that car washes
11 will be able to retool and change their business
12 model? Is that why this is a 30-day? Or is it
13 simply because she thinks it needs to take place
14 sooner rather than later?
15 SENATOR RAMOS: The ramp-up for
16 the -- for Westchester and Long Island, which
17 would be the non-NYC affected geographies here,
18 not the Senator's district, really would just
19 need $2 to catch up. It's a change, but not as
20 big of a change that we believe would really
21 hinder a business or somehow force a business to
22 complete retool its operation.
23 SENATOR ANTONACCI: Mr. President,
24 will the sponsor continue to yield?
25 ACTING PRESIDENT BENJAMIN: Does
4681
1 the sponsor yield?
2 SENATOR RAMOS: Yes.
3 ACTING PRESIDENT BENJAMIN: The
4 sponsor yields.
5 SENATOR ANTONACCI: Does the
6 sponsor see an upside to the employees? Does the
7 sponsor see a situation where the employees will
8 actually make more money? Or will there be
9 initiatives by the employer that may actually
10 hurt the employees?
11 SENATOR RAMOS: Mr. President, I
12 introduced the bill because I believe it will
13 help workers. And I know that the workers feel
14 that way because I've spoken with them.
15 SENATOR ANTONACCI: Thank you,
16 Mr. President.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Lanza.
19 SENATOR LANZA: Thank you,
20 Mr. President. On the bill.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Lanza on the bill.
23 SENATOR LANZA: You know, Senator
24 Ramos just said something -- and I know it's
25 true -- she's introduced this legislation because
4682
1 she believes it will help workers. And I have no
2 doubt of that.
3 You know, over the years as each
4 side proposes legislation, I've always said that
5 when we say something is going to happen, it's
6 really a theory. It's what we believe is going
7 to happen. And we have a bad habit in that we
8 never go back to see who was right.
9 On this side -- and I subscribe to
10 this, with respect to this legislation -- I
11 believe that this is going to be a job killer. I
12 believe that there are a lot of people who are
13 employed today who are making a living that when
14 this becomes law are going to lose their jobs.
15 The sponsor I know believes that this will
16 preserve jobs and make them better.
17 You know, we ought to, for once,
18 survey what's happening right now. And let's
19 look around in the district and survey how many
20 people are employed at these establishments right
21 now. And why don't we come back a year after
22 this has been the law and see whether or not
23 those people are still there, whether there are
24 more, whether it has worked for them or whether
25 these jobs have disappeared?
4683
1 I mean, ultimately it's not enough,
2 I believe, for us to just drop legislation, feel
3 good, believe that we've accomplished something
4 without really going back to see whether or not
5 it's had the effect that we've intended.
6 I can tell you from my district,
7 because I have talked to both sides -- the
8 employer, the employee -- in this industry, and
9 they all believe that jobs are going to
10 disappear. Clearly I've talked to people who own
11 these establishments who have said today, as has
12 been said, with respect to the technology that
13 exists at these car washes, you honestly don't
14 need someone to dry your car when you leave. The
15 cars are pretty darn dry as you exit. So it's
16 really an accommodation.
17 Most of the people that show up are
18 hardworking, ambitious, good people who are
19 trying to provide for their families. And
20 they're trying to do it in a fashion that I think
21 we can all appreciate -- with elbow grease, with
22 honesty. And they tell me that they know -- and
23 I can tell you when I come from the car wash, you
24 know, I want to kind of get out of there, and to
25 me it just slows you down. But you have an
4684
1 opportunity to talk to people, and usually get
2 out and we speak, and you throw the money in the
3 barrel. The way it works in a lot of places on
4 Staten Island is there's a barrel out there and
5 you put some money in the barrel; at the end,
6 they carve it up.
7 And I've talked to a lot of people
8 that worked there over the years, a couple of
9 people I consider friends -- I hope they consider
10 me to be the same. And at least in my district,
11 it seems as though people are making minimum wage
12 plus.
13 We talk about employees being ripped
14 off. I've no doubt that that happens. But if
15 you have business owners in your districts that
16 are that unscrupulous that they would rip off
17 their employees now, what is going to make those
18 very same people going to all of a sudden abide
19 by and comply with this law? The bad actors --
20 and I hope I don't have any in my district -- the
21 bad actors are going to be the bad actors. So
22 the people that are getting ripped off --
23 probably without enforcement, because that's
24 really what we ought to be doing. We have a law
25 right now. To say they're being ripped off is
4685
1 saying that someone is breaking the law right
2 now. So the way to address that is to send in
3 someone to enforce the law.
4 So right now we have a few people
5 being ripped off. My fear -- and again, it's a
6 theory based on experience, my experience -- is
7 that everyone else is going to get ripped off by
8 this law, because the big ripoff is when someone
9 else tells you your services are no longer
10 necessary. The big ripoff is when you can no
11 longer show up to a place that has allowed you to
12 put money in your pocket which you can then put
13 on the table for your family is gone. That's a
14 ripoff. That's what I believe is going to happen
15 here.
16 That's what I've heard from owners
17 who have said, You know, this is a value-added
18 accommodation that we allow to happen, because
19 you really don't need 10 people drying your car
20 when you come out. We stand by, we allow it to
21 happen. If it helps these workers make money,
22 we're all for it. If you're going to tell me
23 that it's going to put me out of business now,
24 that I've got to consider the liability, well,
25 I'm going to tell folks I can't have you on my
4686
1 property anymore. And that will be a great
2 tragedy.
3 You know, it's kind of like -- and
4 it doesn't equate really well. But often,
5 especially in the summer, we have young people
6 that show up at supermarkets and they want to bag
7 for you. They're not technically employees.
8 They show up. I guess they're -- somehow or
9 another some rule is probably, given all the
10 rules and regulations in this state, I'm sure
11 some rules are being violated when these young
12 people stand at the end of the line and want to
13 help put groceries in your bag and you give them
14 $5 on the way out.
15 You know, when someone I'm sure
16 could likely look at the rules and say, hey,
17 someone is violating their rights and if we
18 change the rules, the only thing that will happen
19 is those young people won't be able to be there
20 to do what we hope everyone has the opportunity
21 to do, to make a living by working and all the
22 good things that come in a person's life when you
23 engage in that kind of activity.
24 So for that reason, Mr. President,
25 when it comes time to vote, I'm going to vote in
4687
1 the negative. But I really wish we would take a
2 look at what's happening now. It seems like this
3 is going to become the law. I hope a year from
4 now Senator Ramos is right and I'm wrong. But
5 let's take a look and see whether or not what
6 we're doing here on this floor is actually doing
7 what we believe, hope and pray it will.
8 Thank you, Mr. President.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Serino.
11 SENATOR SERINO: Thank you,
12 Mr. President. You know, and I --
13 ACTING PRESIDENT BENJAMIN: Senator
14 Serino on the bill?
15 SENATOR SERINO: On the bill, yes.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Serino on the bill.
18 SENATOR SERINO: Yes. And I
19 understand we need to have good-paying jobs,
20 absolutely. But I think sometimes people forget
21 about the small business owners too. Enacting
22 this in 30 days, that's not giving them any time
23 to be able to accommodate what's going on.
24 And I remember when we passed the
25 minimum wage. Fast food workers were supposed to
4688
1 come in line with the minimum wage in our
2 districts up north, and they didn't. So we saw
3 that the -- like the McDonald's, for instance,
4 were putting a lot of the kiosks in. I think
5 about all the kids -- or even single parents. I
6 was a single mom for a period of my life. I know
7 what it's like, you know, to rely on that job.
8 And then they're cutting jobs. And I see this is
9 unfortunately something that could happen. It
10 could be a job killer. I see in our car washes
11 too, they are doing more automation.
12 So I just would hope that there
13 could be some more consideration to give it a
14 little bit longer if this is the case. And I
15 know it's not in my district, but I see when
16 things happen that, you know, usually it sets a
17 precedent for it to happen in other areas.
18 So thank you.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Gianaris.
21 SENATOR GIANARIS: Yes, just
22 quickly, Mr. President, on the bill, because I've
23 heard this argument a couple of times.
24 The reason I jumped up earlier was
25 half in jest, but I did visit a McDonald's in my
4689
1 neighborhood and got a tour from the management.
2 They did have kiosks, but they made a point to
3 say that as the kiosks were coming, they were
4 redirecting employees to table service, not
5 getting rid of them.
6 And so this argument that somehow
7 the automation at McDonald's has led to people
8 losing their jobs is facetious. I don't know how
9 many of my colleagues across the aisle have
10 actually gone and toured their local franchise
11 McDonald's, but I have. And in fact the
12 automation has not led to a decline in
13 employment.
14 Thank you.
15 ACTING PRESIDENT BENJAMIN: Are
16 there any other Senators wishing to be heard?
17 Seeing and hearing none, debate is
18 closed.
19 Excuse me. Senator Comrie on the
20 bill. Are you on the bill or --
21 SENATOR COMRIE: On the bill.
22 I just wanted to second what Senator
23 Gianaris said.
24 As unfortunately a too-frequent fast
25 food user, most of those kiosks are not operable
4690
1 most of the time. So it's not something that
2 anybody should get excited about. It's their
3 first generation of kiosks. And unfortunately
4 most of the stores that are operating them wind
5 up having more personnel at the moment.
6 So as I'm trying to do better -- I
7 haven't been to one in the past month. Knock on
8 wood, I'll stay out of one for a little while
9 longer.
10 Thank you, Mr. President.
11 ACTING PRESIDENT BENJAMIN: Are
12 there any other Senators wishing to be heard?
13 Seeing and hearing none, the debate
14 is closed.
15 The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN: Senator
23 Stavisky to explain her vote.
24 SENATOR STAVISKY: Yeah, thank you,
25 Mr. President.
4691
1 I really want to thank Senator Ramos
2 for introducing this bill. My district abuts
3 hers, and I have many car washes in my district.
4 And I have met on many occasions with the people
5 who in the freezing weather have to come out and
6 polish your car and shake the mats and put a
7 little shine on the salt that we accumulate as we
8 drive down from Albany.
9 I take exception to some of the
10 comments that were made. We are not posturing
11 politically, and we are -- I guess we are
12 sticking our noses in places where we should be
13 doing this. There are inequities in our society.
14 We're trying to bring them out to remedy a bad
15 situation.
16 And the car washers are human
17 beings. They are people who are trying to earn a
18 living, to live on substandard wages. And all
19 this bill does is let them try to earn a living.
20 Regardless of their immigration status,
21 regardless of anything else, they are people
22 trying to earn a living, and they deserve the
23 same respect and equity as anybody else.
24 Thank you, Mr. President. I vote
25 aye.
4692
1 ACTING PRESIDENT BENJAMIN: Senator
2 Stavisky to be recorded in the affirmative.
3 Senator Akshar to explain his vote.
4 SENATOR AKSHAR: They do,
5 Mr. President, deserve our respect. And we want
6 to create an environment in which they have a
7 place to be employed.
8 Here is a fact. New York is the
9 worst place to do business in the State of
10 New York. Here is a fact. A million-plus people
11 have left this state in search of opportunities
12 elsewhere.
13 Here are a few other facts, from
14 Brooklyn. Because of labor costs, an operator of
15 a car wash installed $200,000 worth of automation
16 equipment, and he laid off eight people. And
17 that same owner said, "If this bill is enacted, I
18 will give a pink slip to the rest of my
19 employees."
20 Another Brooklyn car wash owner:
21 "Because of $15 an hour in the car wash industry,
22 automation is a no-brainer. I will get rid of 15
23 out of my 22 employees."
24 In Queens, in Senator Addabbo's
25 district and Senator Comrie's district. Now,
4693
1 while I'm not talking about McDonald's, we've
2 talked about, you know, loss of jobs, automation
3 kiosks. In both of those respective districts,
4 because of labor costs, car wash owners decided
5 to get out of the business and sell their
6 properties, one to become a pharmacy, one to
7 become a Dunkin' Donuts.
8 Another car wash operator in
9 Brooklyn, because of the labor costs, full
10 automation is the way that they went, and they're
11 doing the same thing with two people as they once
12 did with 25.
13 So despite what some think, I am not
14 against the car wash workers. My fear -- and
15 Senator Lanza brings up a good point, we probably
16 do do a poor job of following through with the
17 legislation that we enact. My fear is that when
18 we talk about this a year from now or 18 months
19 from now, there will be less people employed in
20 the car wash industry, just as there are in the
21 fast food industry now today because of the
22 changes we've made.
23 So Mr. President, I'll be voting no.
24 And I'm standing with the car wash workers from
25 the five boroughs and the other places that we
4694
1 talked.
2 So the sponsor said a couple of
3 times, well, this is not happening in the
4 Senator's district, this is not happening in the
5 Senator's district. Thank God it's not
6 happening, because my car wash employees will
7 stay employed.
8 Mr. President, I vote no.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Akshar to be recorded in the negative.
11 Senator Mayer to explain her vote.
12 SENATOR MAYER: Thank you,
13 Mr. President.
14 And I rise to commend my colleague
15 Senator Ramos, not only for bringing this bill to
16 the floor but making the point that I think is so
17 important.
18 You know, I'm proud to represent
19 much of the County of Westchester, including
20 cities like Yonkers, White Plains and
21 New Rochelle, which have their share of car
22 washes for suburban drivers. And under this
23 bill, the minimum wage for the workers in those
24 car washes will rise to the extraordinarily high
25 level, I guess, of $12 an hour by the end of this
4695
1 year.
2 Now, I invite any of my colleagues
3 on either side to try to find an apartment or a
4 home at the $12 an hour rate in the suburbs of
5 New York City. It's extraordinarily difficult.
6 The majority of these workers are,
7 in my experience, young men. They are not
8 children, they are not students, they are young
9 men for whom this is their occupation at the time
10 they find it. So I'm pleased that we are taking
11 a step forward in helping these young workers
12 find and earn enough to be able to rent an
13 apartment, support their children.
14 And we have a long way to go to get
15 to a living wage, but this is a step forward.
16 And I commend my colleague. I'm very proud to
17 vote in the affirmative. I believe it will make
18 a lasting difference in their lives, and it will
19 help the economy of the suburbs of New York.
20 Thank you.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Mayer to be recorded in the affirmative.
23 Senator Skoufis to explain his vote.
24 SENATOR SKOUFIS: Thank you very
25 much, Mr. Speaker. My mic is out, so I'm on this
4696
1 one today (waving handheld mic).
2 (Laughter.)
3 SENATOR SKOUFIS: You know, I'm
4 surprised at the length of this debate and the
5 tone of the debate. But nevertheless, I want to
6 congratulate and express my gratitude to the
7 sponsor for her hard work on this very important
8 bill that addresses a very real issue in the
9 counties that we're looking at here.
10 But I did want to get up -- I would
11 be remiss if I didn't express my disappointment.
12 This was a statewide bill. And as written, as
13 prescribed right now, the protections that are
14 offered in this legislation will not touch
15 Rockland, Orange or Ulster counties that I
16 represent. Hopefully when this bill is signed
17 into law, I'll be making sure that we come back
18 to this issue next year and make sure we expand
19 these protections to the district I represent.
20 Thank you.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Skoufis to be recorded in the affirmative.
23 Senator Sanders to explain his vote.
24 SENATOR SANDERS: Thank you,
25 Mr. President.
4697
1 I thought my colleague was going to
2 sing for a moment. I'm kind of glad that did not
3 happen.
4 (Laughter.)
5 SENATOR SANDERS: I am here to
6 express my support of this bill to Senator Ramos.
7 I have actually spoken to the
8 workers when I get a car wash, a sorely needed
9 car wash. That I speak to people, and I hear
10 their desperate conditions of how they are trying
11 to survive in New York City on a salary that
12 varies from day to day and week to week, and how
13 they are trying to piece things together.
14 And that is what is propelling me to
15 step forward and join in with this. Because even
16 at $15 an hour, living in New York City is just
17 about an impossibility. And we -- we have to
18 work on those things in total.
19 But back to the workers themselves,
20 yes, their conditions have been well-mentioned
21 here. When it's hot, they're out there. When
22 it's cold, they're out there. All of these
23 things. And it boils down to a point of dignity,
24 do we dignify work.
25 There used to be a time when work
4698
1 was such that a person could survive on minimum
2 wage and do good. So the idea of trying to
3 survive on a subminimum wage -- my friends,
4 really think of it. We need to get back to that
5 "do unto others" concept. That if we know we
6 can't survive on a subminimum wage, why would we
7 begrudge it, why would we insist on somebody else
8 doing it? We should all try to figure out how we
9 can move society forward.
10 And with that, I'm saying thank you,
11 Mr. President. And certainly thank you. And
12 thank you, sir, for not singing.
13 Thank you.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Sanders to be recorded in the affirmative.
16 Senator Liu to explain his vote.
17 SENATOR LIU: Thank you,
18 Mr. President. I felt like I had to respond to
19 some of the comments from opponents of this bill.
20 I do want to congratulate Senator
21 Ramos for bringing this to the floor and for
22 really conducting a lot of hard research that
23 backs the need for this bill.
24 The arguments that we've heard
25 against this bill are the same arguments against
4699
1 minimum wage in the first place. The fact that
2 business costs will go up, automation will be
3 catalyzed. I mean, automation is going to happen
4 to a lot of things in our life. That doesn't
5 mean that we should continue to treat workers
6 poorly.
7 And in America, unlike a lot of
8 other countries, tipping is a custom. And
9 tipping is generally meant as a gesture of
10 appreciation for good service.
11 Well, the fact is that the tipped
12 workers, under the current minimum wage laws,
13 they don't get any benefit of that. And so what
14 we're really doing is not only ensuring that they
15 get a decent wage -- we're certainly not
16 hastening the automation process anywhere -- but
17 we're also preserving a good American custom,
18 which is to say people appreciate or show
19 appreciation for good service, and that's exactly
20 what this bill does.
21 Thank you, Jessica. And thanks,
22 Skouf.
23 (Laughter.)
24 ACTING PRESIDENT BENJAMIN: Senator
25 Liu to be recorded in the affirmative.
4700
1 Senator Krueger to explain her vote.
2 SENATOR KRUEGER: Thank you.
3 I thought Senator Ramos did an
4 excellent job explaining and justifying her bill.
5 I was surprised by a number of my
6 colleagues' responses that paying the wage you
7 actually are supposed to be paying under law will
8 result in laying off workers and being -- and so
9 this bill would be bad for workers, because it
10 would help ensure that we don't have wage theft.
11 I don't buy it, I'm sorry. We
12 should pay workers a living wage. We have laws
13 in this state. If we have one small industry
14 that currently doesn't have to follow the same
15 standards as every other employer, to be honest,
16 it shouldn't be that complicated for them to come
17 in line with our laws.
18 I don't understand why it would take
19 any more than 30 days to comply, because this is
20 actually simplifying the process by which they
21 calculate and add up the tipped wage and the paid
22 wage to ensure everybody is getting the correct
23 at least minimum wage.
24 So I don't find it very complicated.
25 I don't actually believe it's very expensive
4701
1 unless for some reason some people are pocketing
2 money that should have been going to the workers
3 in the first place. And it's the right thing to
4 do.
5 I vote yes. Thank you,
6 Mr. President.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Krueger to be recorded in the affirmative.
9 Senator Sepúlveda to explain his
10 vote.
11 (Microphones inoperable.)
12 SENATOR SEPÚLVEDA: Thank you,
13 Mr. President, for allowing me to explain my
14 vote.
15 So my colleagues, you know, were
16 eloquent in explaining and justifying why this is
17 necessary. But, you know, I see quite a pattern
18 in this chamber where when you talk about
19 business and businesses surviving, that survival
20 is always predicated on the backs of the lowest
21 earners within those businesses.
22 We know that McDonald's had to
23 automate. McDonald's is paying $15 an hour
24 minimum wage. I recently had an opportunity to
25 meet with a person in my district who had bought
4702
1 20 McDonald's. And I asked him, well as -- I
2 asked him did he have to lay off many employees
3 and was it a problem. And he said no. He said,
4 "The only thing is that I'm making a little less
5 money."
6 And so the argument that unless the
7 lowest earners can get paid subminimum wages that
8 we shouldn't have this kind of legislation just
9 doesn't make sense. Car washers work 12 hours a
10 day, sometimes seven days a week, in weather
11 conditions that I challenge anyone in this
12 chamber to work under for half an hour.
13 {Inaudible}, you have subzero temperatures at
14 times, it's a very difficult job. I'd like to
15 see anyone here able to work at this job with the
16 pay that they're fighting for, and see if they
17 have a different position on this type of
18 legislation.
19 So I want to commend Senator Ramos
20 for sponsoring the bill, for eloquently defending
21 her position. I want to thank my colleagues -- I
22 want to thank my colleagues for supporting this
23 legislation. And I know many immigrants that
24 have these jobs, raise their families
25 {inaudible}, and I vote affirmatively.
4703
1 ACTING PRESIDENT BENJAMIN: Senator
2 Sepúlveda to be recorded in the affirmative.
3 Senator Harckham to explain his
4 vote.
5 SENATOR HARCKHAM: Thank you,
6 Mr. President.
7 Senator Krueger really put it very
8 well. She stole a lot of my thunder.
9 In this state we have a unit of
10 measure of what we pay someone, the minimum
11 amount we pay someone for an hour of labor, and
12 that's called the minimum wage. And that's the
13 standard by which we say no one can be paid less.
14 And yet we're arguing today about preserving a
15 system that pays a group of workers less than the
16 existing minimum wage.
17 And to me, that's just not right.
18 To me, that's wrong. As Senator Ramos said --
19 and I congratulate her for the excellent job
20 she's done on this bill -- she said this is about
21 good jobs. It's not about fleeting jobs, it's
22 not about jobs where you can take what you can
23 get, it's about a job where you know you can at
24 least count on a certain amount of money every
25 time. And you'll get a paycheck every time.
4704
1 And that's what this bill does.
2 It's about security, it's about consistency, and
3 it's about ending loopholes in our minimum wage
4 system.
5 I vote aye.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Harckham to be recorded in the affirmative.
8 Senator Hoylman to explain his vote.
9 SENATOR HOYLMAN: Thank you,
10 Mr. President.
11 I just wanted to also add my voice
12 in thanking Senator Ramos for her leadership on
13 this legislation.
14 What a remarkable transformation, I
15 would also point out, from previous sessions,
16 that we're able to move a bill like this that
17 supports working people, that supports the people
18 at the bottom of the economy and tries to raise
19 them up. We couldn't do that last year. And
20 thank you, Senator Ramos.
21 And I also wanted to add that it's
22 important to note that this just isn't charity,
23 Mr. President, this is a matter of economics.
24 There's a growing body of economic literature
25 that says when you do raise wages, everyone
4705
1 benefits. There's greater employment, there's
2 less dependence on public assistance, and there's
3 more mobility and less turnover in the workforce.
4 That benefits all of us.
5 So this is a matter of not only our
6 society doing the right thing and supporting
7 low-wage workers like car washers, but also
8 raising the economy for everyone in the State of
9 New York.
10 I vote aye. Thank you.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Hoylman to be recorded in the affirmative.
13 Senator Bailey to explain his vote.
14 SENATOR BAILEY: Thank you,
15 Mr. President. I'm pretty loud, so do I need a
16 mic?
17 (Handed handheld microphone.)
18 SENATOR BAILEY: Guess so. First
19 of all, I want to thank --
20 (Laughter.)
21 SENATOR BAILEY: Gustavo, give me a
22 beat.
23 But in all seriousness, Senator
24 Ramos, thank you for introducing this bill and
25 defending the bill.
4706
1 We heard a lot about the hours that
2 they work, but what happens in the hours that
3 they don't work? And when I went through a car
4 wash recently -- recently being two months ago --
5 I asked the workers, you know, what happens in
6 this spot of rain that we've been having? Well,
7 you know, we don't come to work. We don't get a
8 chance to feed our families. We don't get a
9 chance to make a decent wage.
10 And when I think about that and I
11 think about the hours that they do work, as
12 Senator Sepúlveda said, the conditions that they
13 do work in, and we have to ask ourselves, folks
14 that do work that a lot of people don't want to
15 do should be really appreciated, because they're
16 providing services for us. They are providing
17 things that are important and necessary.
18 And what's most important and most
19 necessary I believe is just to make sure that
20 equal pay for equal work, regardless of gender,
21 regardless of your immigration status -- if
22 you're doing a hard day's work, you should be
23 paid accordingly.
24 I vote aye, Mr. President.
25 ACTING PRESIDENT BENJAMIN: Senator
4707
1 Bailey to be recorded in the affirmative.
2 Senator Griffo.
3 SENATOR GRIFFO: I just thought I
4 was watching an episode of Jerry Springer here.
5 And I'm glad Senator Bailey didn't do the mic
6 drop.
7 SENATOR BAILEY: I tried.
8 (Inaudible exchange.)
9 SENATOR GRIFFO: I think today
10 really, in the end, we have over the last several
11 months created commissions and advocates and
12 study groups, so the one rhetorical question is
13 why wouldn't we then, regardless of where we
14 stand on the issue, want to ensure that there is
15 some type of formal study done that can really
16 make a determination of the true impact and the
17 implications of any of the policies that we
18 undertake here when it means so much to so many?
19 I vote no.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Griffo to be recorded in the negative.
22 Senator Jackson to explain his vote.
23 SENATOR JACKSON: Thank you,
24 Mr. President and my colleagues.
25 I rise -- I've listened to Jessica
4708
1 Ramos, the State Senator who is the sponsor of
2 this bill, and I went to the bill in my calendar.
3 There's 27 sponsors to this bill, and I am one of
4 them.
5 And I've listened to the questions
6 put to her by some of our colleagues. And you
7 know, this is about employees that need to make a
8 minimum wage. This is New York State, the Empire
9 State, a labor state, and we have to pay workers
10 at least the minimum wage.
11 And in fact this body here had not
12 had a raise in over 20 years. And before, I was
13 a member of the City Council, I supported every
14 time that there was a bill put forward or people
15 talked about that they didn't deserve a raise,
16 the State Legislature -- I'd say, yes, they do.
17 When you're working and you haven't had a raise
18 in 20 years, you deserve a raise.
19 And these employees deserve a
20 clarity as far as how much money are they going
21 to earn. And it doesn't say that they're going
22 to work eight hours a day, because we all know
23 that when it's raining outside, hardly anyone is
24 going to get their car washed. But at least
25 whatever hours they work, they're going to be
4709
1 making $15 an hour.
2 And this is not for the entire State
3 of New York. If you read the bill, the bill
4 says -- obviously the language that we always
5 use -- in a city with more than a million people.
6 That's only one city in the State of New York,
7 that's New York City. Nassau, Suffolk and
8 Westchester County are also included in this
9 bill.
10 Come on, let's do the right thing.
11 And you may not think it's right, but I say to
12 you it is the right thing. And we can agree to
13 disagree on this until we drop dead.
14 Thank you. I vote yes.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Jackson to be recorded in the affirmative.
17 Senator Lanza to explain his vote.
18 SENATOR LANZA: Thank you,
19 Mr. President, to explain my vote.
20 You know, Senator Krueger said it's
21 pretty simple. It is pretty simple. I'm
22 listening to what's been said by the last few of
23 my colleagues. Here it is, folks. Here's the
24 law right now, as it exists. Car washers make
25 $15 an hour. That's the law.
4710
1 So if you're concerned about making
2 sure they make $15 an hour, let's not fool people
3 back home into believing that right now car
4 washers make $3 an hour but because of this law
5 they're now going to make $15 an hour and we're
6 saving them from all the things that we're
7 talking about.
8 They make $15 an hour now. If they
9 don't, it's because somebody's breaking the law.
10 Let's enforce the law. Let's not pass a law that
11 means that a lot more people are not going to be
12 making $15 an hour because they're going to be
13 making zero dollars an hour.
14 Mr. President, I vote no.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Lanza to be recorded in the negative.
17 Senator Ramos to close.
18 SENATOR RAMOS: Thank you,
19 Mr. President.
20 And I want to thank each and every
21 one of my colleagues here in the State Senate who
22 will be joining me in voting for this bill.
23 Together we are changing the lives of thousands
24 of people in the five boroughs, Long Island, and
25 Westchester counties.
4711
1 To me, tipped wage is an archaic way
2 of paying employees for their work. In fact,
3 we've been finding ways to essentially pay
4 workers as little as possible since the advent of
5 indentured servitude.
6 I asked to be chair of the Labor
7 Committee precisely because as the daughter of
8 immigrants, I see how we are really the folks who
9 end up at the bottom of our economy, because
10 we're willing to do a lot of work for little pay,
11 because we might not understand our rights. So
12 to me, this bill is much more about lifting the
13 floor and ensuring that these folks can put food
14 on the table.
15 Automation is inevitable. Science
16 is real. We will always have technological
17 advances, and it will never be an excuse to treat
18 a worker less than what they deserve.
19 Unemployment is currently very low,
20 and I don't subscribe to this idea that we should
21 be okay with jobs just because they're jobs.
22 Jobs should always be good jobs -- and if you ask
23 me personally, good union jobs. This is how we
24 ensure that workers have more disposable income
25 and are investing in our communities every day.
4712
1 I notice that among the many points
2 that I made today, there was no disputing that
3 this measure actually helps many car wash owners
4 because they're saving money hopefully on
5 lawsuits and on compliance, because they won't
6 have to sit there and figure out the calculations
7 and will simply be able to pay the $15 minimum
8 wage. In fact, there's been lawsuits where
9 attorneys for the car wash owners blamed
10 unintentional mixups due to those calculations
11 for having that problem in the first place.
12 One of the other rampant issues with
13 wage theft is the fact that the process takes so
14 long. In one particular case against one car
15 washer -- sorry, a car wash company, the lawsuit
16 began in 2011, and the money --- which by the way
17 is $8.5 million that is owed to 106 workers --
18 those folks are just starting to get their checks
19 this year because it's such a tedious process.
20 So I know that what we did today is
21 the right thing. As we look forward to, yes,
22 expanding the labor market but ensuring that our
23 workforce is respected, we're going to continue I
24 think, as the new majority here in this body, to
25 protect every New Yorker.
4713
1 Thank you.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Ramos to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 639, those Senators voting in the
7 negative are Senators Akshar, Amedore, Antonacci,
8 Boyle, Felder, Flanagan, Funke, Gallivan, Griffo,
9 Helming, Jacobs, Jordan, Lanza, LaValle, Little,
10 O'Mara, Ortt, Ranzenhofer, Ritchie, Robach,
11 Serino, Seward and Tedisco.
12 Ayes, 39. Nays, 23.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 Senator Gianaris, that completes the
16 reading of the controversial calendar.
17 SENATOR GIANARIS: Can we move on
18 to the reading of the supplemental calendar,
19 please.
20 ACTING PRESIDENT BENJAMIN: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 1179, Senate Print 2024A, by Senator Little, an
24 act to amend the Town Law.
25 ACTING PRESIDENT BENJAMIN: There
4714
1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1182, Senate Print 2945B, by Senator Stavisky, an
15 act to amend the Real Property Tax Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
4715
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 There is a substitution at the desk.
4 The Secretary will read.
5 THE SECRETARY: Senator Myrie moves
6 to discharge, from the Committee on Elections,
7 Assembly Bill Number 2687 and substitute it for
8 the identical Senate Bill 3135, Third Reading
9 Calendar 1183.
10 ACTING PRESIDENT BENJAMIN: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1183, Assembly Print Number 2687, by
15 Assemblymember Thiele, an act to amend the
16 Election Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4716
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1184, Senate Print 3756, by Senator Mayer, an act
6 to amend the Domestic Relations Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1185, Senate Print Number 3968, by
21 Senator Brooks, an act to amend the Retirement
22 and Social Security Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 6. This
4717
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1186, Senate Print 4351, by Senator Kennedy, an
12 act to amend the Environmental Conservation Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN: Senator
21 Kennedy to explain his vote.
22 SENATOR KENNEDY: Thank you,
23 Mr. President.
24 First of all, I just want to thank
25 my colleagues for their support of this very
4718
1 important bill. This is the paint store chip
2 bill here in the State of New York that is
3 replicated in other states across the nation that
4 have a paint recycling program.
5 I want to thank our leadership,
6 Senator Andrea Stewart-Cousins, for prioritizing
7 this, bringing this to the floor, my colleagues
8 for their support.
9 I also want to recognize Senator
10 O'Mara, who has worked on this bill for many
11 years and has been a staunch advocate for its
12 passage. Our hope and our goal is to get this
13 across the finish line and get the Assembly to
14 follow suit.
15 Every year in the State of New York,
16 there's the purchase of nearly 40 million gallons
17 of paint. Almost 4 million gallons of that
18 40 million gallons of paint goes unused. And so
19 this paint store chip program will initiate a
20 recycling program available to the residents of
21 the State of New York.
22 This is an environmentally impactful
23 initiative, and it's one that's long overdue here
24 in our state.
25 So again, Mr. President, I vote aye
4719
1 and thank all of my colleagues for their work,
2 their efforts, and their support of this bill.
3 Thank you.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Kennedy to be recorded in the affirmative.
6 Senator May to explain her vote.
7 SENATOR MAY: Thank you,
8 Mr. President.
9 America did a lot of great things,
10 made great contributions to the world in the
11 20th century, but one of our real clunkers was
12 creating the illusion that everything can be
13 thrown away. And I think it's one of our great
14 tasks in the 21st century to reduce and get away
15 from this idea that we can just waste anything we
16 want.
17 So product stewardship is a very
18 important tool in trying to accomplish that goal.
19 And paint is one of the perfect commodities to
20 apply product stewardship to, as Senator Kennedy
21 mentioned. Unused oil paint is expensive to
22 dispose of, and unused paint in general can be
23 reused.
24 So this bill will engage paint
25 manufacturers and the public in closing the
4720
1 circle and living up to this big challenge that
2 we have of our 21st-century responsibilities.
3 So I want to congratulate
4 Senator Kennedy on this bill and my close
5 colleague in the Assembly, Al Stirpe, who worked
6 on this bill for years and has dreamed of the day
7 that this becomes law.
8 So I appreciate everyone who's
9 voting for it, and I proudly vote aye.
10 ACTING PRESIDENT BENJAMIN: Senator
11 May to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1187, Senate Print 4416A, by Senator Kaplan, an
18 act to require the Empire State Development
19 Corporation to create a plan regarding
20 non-motorized multi-use trails.
21 SENATOR GIANARIS: (Using handheld
22 mic.) Lay it aside for the day.
23 (Laughter.)
24 ACTING PRESIDENT BENJAMIN: The
25 bill will be laid aside for the day.
4721
1 There is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Comrie
4 moves to discharge, from the Committee on
5 Consumer Protection, Assembly Bill Number 7287
6 and substitute it for the identical Senate Bill
7 5163, Third Reading Calendar 1189.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1189, Assembly Print Number 7287, by
13 Assemblymember Paulin, an act to amend the
14 General Business Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the same date and in the
19 same manner as Section 6 of Chapter 333 of the
20 Laws of 2018.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
4722
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1190, Senate Print 5387, by Senator Comrie, an
6 act to amend the Agriculture and Markets Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1191, Senate Print 5400, by Senator Breslin, an
21 act authorizing the assessor of the City of
22 Albany to accept from Congregation Ohav Shalom an
23 application for exemption from real property
24 taxes pursuant to Section 420-a of the Real
25 Property Tax Law.
4723
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1191, voting in the negative:
12 Senator Antonacci.
13 Ayes, 61. Nays, 1.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1192, Senate Print 5462A, by Senator May, an act
18 to amend the Election Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of January.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
4724
1 ACTING PRESIDENT BENJAMIN: Senator
2 May to explain her vote.
3 SENATOR MAY: Thank you,
4 Mr. President.
5 In New York, if you lose a major
6 party primary, you may still be on the ballot on
7 a minor party line. And if you don't want to be
8 a potential spoiler in the general election,
9 there are really only two ways to get off the
10 ballot. One is to die, and one is to move out of
11 state.
12 This bill offers a less drastic
13 option so that people can opt to get off the
14 ballot in that case. I think it's more humane
15 and more reasonable, and it solves one of the
16 major objections to our fusion voting system.
17 So I am grateful to my colleagues
18 for voting for this, and I vote aye.
19 ACTING PRESIDENT BENJAMIN: Senator
20 May to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1192, those Senators voting in
24 the negative are Senators Amedore, Flanagan,
25 Funke, Griffo, Jordan, Lanza, LaValle, Robach and
4725
1 Seward. Also Senator Tedisco.
2 Ayes, 52. Nays, 10.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1193, Senate Print 5465, by Senator LaValle, an
7 act to amend Chapter 389 of the Laws of 2016.
8 ACTING PRESIDENT BENJAMIN: There
9 is a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1194, Senate Print 5510, by Senator Metzger, an
23 act to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
4726
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 1194, those Senators voting in
10 the negative are Senators Jordan and Ortt.
11 Ayes, 60. Nays, 2.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1195, Senate Print 5522, by Senator Skoufis, an
16 act to direct the Department of Education to
17 study the frequency of residents who are being
18 assessed library taxes for more than one library
19 district and to make recommendations to prevent
20 the double taxation of residents.
21 ACTING PRESIDENT BENJAMIN: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BENJAMIN: Call
4727
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1196, Senate Print 5654, by Senator Metzger, an
10 act to amend the Public Health Law and the
11 Education Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 6. This
15 act shall take effect one year after it shall
16 have become a law.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 1196, those Senators voting in the
24 negative are Senators Jacobs, Jordan and Ortt.
25 Ayes, 59. Nays, 3.
4728
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1198, Senate Print 5794A, by Senator May, an act
5 in relation to authorizing the Liverpool Central
6 School District to receive state aid for certain
7 approved capital funding projects.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Serino to explain her vote.
17 SENATOR SERINO: Thank you,
18 Mr. President.
19 I spoke on this bill recently, so I
20 won't repeat the whole story. But I carry a very
21 similar bill to grant reprieve to the Spackenkill
22 Union Free School District in my area. It passed
23 unanimously last year here in the Senate, but the
24 Assembly failed to move it.
25 This body has passed a number of
4729
1 these bills this year but has refused to move
2 mine, even after passing one that was nearly
3 identical for another district. I'm told the
4 bill will move before session ends, and I hope
5 that that's true. I thank the Education chair
6 for working with me and hearing me on this very
7 important issue. But every day that the bill
8 doesn't move causes significant stress to my
9 school community.
10 I'm supporting this bill today, but
11 the sheer number of these bills that we've passed
12 tells us that there's a bigger issue at hand.
13 When it comes to this issue, the penalty
14 definitely does not fit the crime. Our school
15 communities are being hit with penalties in the
16 millions and millions of dollars for what often
17 amounts to an administrative error perpetuated by
18 the fact that the State Education Department is
19 overburdened and doesn't seem to have the
20 resources necessary to effectively keep up on
21 this issue.
22 I will work with any of my
23 colleagues to find a solution that provides
24 relief to all of these districts, and I urge my
25 colleagues to put New York students and our
4730
1 school communities first and pass my bill and
2 work towards a more universal solution.
3 Thank you, Mr. President. I vote
4 aye.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Serino to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1199, Senate Print 5822, by Senator Metzger, an
13 act to amend the Parks, Recreation and Historic
14 Preservation Law and the General Municipal Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 3 --
18 SENATOR GIANARIS: Lay it aside for
19 the day, please.
20 ACTING PRESIDENT BENJAMIN: Lay it
21 aside for the day.
22 THE SECRETARY: Calendar Number
23 1200, Senate Print 5858, by Senator Persaud, an
24 act to amend Chapter 74 of the Laws of 2007
25 amending the Penal Law, the Criminal Procedure
4731
1 Law, the Correction Law, the Social Services Law
2 and the Executive Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1201, Senate Print 5859B, by Senator Thomas, an
17 act to amend the Personal Property Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
4732
1 Announce the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1203, Senate Print 6160, by Senator Biaggi, an
7 act to amend the Penal Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1203, those Senators voting in
19 the negative are Senators Amedore, Antonacci,
20 Boyle, Flanagan, Funke, Gallivan, Griffo,
21 Helming, Jacobs, Jordan, Lanza, LaValle, Little,
22 O'Mara, Ortt, Ranzenhofer, Ritchie, Robach,
23 Serino, Seward and Tedisco.
24 Ayes, 41. Nays, 21.
25 ACTING PRESIDENT BENJAMIN: The
4733
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1205, Senate Print 6220A, by Senator Benjamin, an
4 act to amend the Executive Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 90th day after it
9 shall have become a law.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 1205, those Senators voting in
17 the negative are Senators Amedore, Antonacci,
18 Flanagan, Funke, Gallivan, Griffo, Helming,
19 Jacobs, Jordan, Little, O'Mara, Ortt,
20 Ranzenhofer, Ritchie, Serino, Seward and Tedisco.
21 Ayes, 45. Nays, 17.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 There is a substitution at the desk.
25 The Secretary will read.
4734
1 THE SECRETARY: Senator Carlucci
2 moves to discharge, from the Committee on
3 Mental Health and Developmental Disabilities,
4 Assembly Bill Number 7473 and substitute it for
5 the identical Senate Bill Number 6238,
6 Third Reading Calendar 1206.
7 ACTING PRESIDENT BENJAMIN: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1206, Assembly Print Number 7473, by
12 Assemblymember Gunther, an act to amend the
13 Mental Hygiene Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
4735
1 THE SECRETARY: Calendar Number
2 1207, Senate Print 6239, by Senator Savino, an
3 act to amend the Executive Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1208, Senate Print 6256, by Senator Hoylman, an
18 act to amend Chapter 237 of the Laws of 2015
19 amending the Judiciary Law, the Civil Practice
20 Law and Rules and other laws relating to the use
21 of electronic means.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4736
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 Senator Gianaris, that completes the
10 reading of the supplemental calendar.
11 SENATOR GIANARIS: Mr. President,
12 if we could return to motions, on behalf of
13 Senator Savino, on page 58 I offer the following
14 amendments to Calendar 1113, Senate Print 2832,
15 and ask that said bill retain its place on the
16 Third Reading Calendar.
17 ACTING PRESIDENT BENJAMIN: The
18 amendments are received, and the bill shall
19 retain its place on the Third Reading Calendar.
20 SENATOR GIANARIS: On behalf of
21 Senator Carlucci, on page 45 I offer the
22 following amendments to Calendar 960,
23 Senate Print 1245, and ask that said bill retain
24 its place on the Third Reading Calendar.
25 ACTING PRESIDENT BENJAMIN: The
4737
1 amendments are received, and the bill shall
2 retain its place on the Third Reading Calendar.
3 SENATOR GIANARIS: On behalf of
4 Senator Skoufis, on page 15 I offer the following
5 amendments to Calendar Number 439, Senate Print
6 4519 --
7 ACTING PRESIDENT BENJAMIN: Order
8 in the chamber, please.
9 SENATOR GIANARIS: -- and ask that
10 said bill retain its place on Third Reading
11 Calendar.
12 ACTING PRESIDENT BENJAMIN: The
13 amendments are received, and the bill shall
14 retain its place on the Third Reading Calendar.
15 SENATOR GIANARIS: On behalf of
16 Senator Mayer, I wish to call up Senate Print
17 2680, recalled from the Assembly, which is now at
18 the desk.
19 ACTING PRESIDENT BENJAMIN: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 6146, Senate Print 2680, by Senator Mayer, an act
23 to amend the Election Law.
24 SENATOR GIANARIS: Move to
25 reconsider the vote by which the bill was passed.
4738
1 ACTING PRESIDENT BENJAMIN: The
2 Secretary will call the roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is restored to its place on the Third
7 Reading Calendar.
8 SENATOR GIANARIS: I offer the
9 following amendments.
10 ACTING PRESIDENT BENJAMIN: The
11 amendments are received.
12 SENATOR GIANARIS: Is there any
13 further business at the desk?
14 ACTING PRESIDENT BENJAMIN: There
15 is no further business at the desk.
16 SENATOR GIANARIS: I move to
17 adjourn until tomorrow, Thursday, June 6th, at
18 11:00 a.m.
19 ACTING PRESIDENT BENJAMIN: On
20 motion, the Senate stands adjourned until
21 Thursday, June 6th, at 11:00 a.m.
22 (Whereupon, at 4:16 p.m., the Senate
23 adjourned.)
24
25