TUESDAY, FEBRUARY 4, 2020 3:29 P.M.

ACTING SPEAKER RYAN: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER RYAN LED MEMBERS AND

VISITORS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, FEBRUARY 3RD.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE

NYS ASSEMBLY FEBRUARY 4, 2020

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY,

FEBRUARY THE 3RD AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER RYAN: WITH OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES: MR. SPEAKER.

ACTING SPEAKER RYAN: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU. I WANT TO

PROVIDE FOR OUR QUOTE OF THE DAY FOR OUR COLLEAGUES AND GUESTS THAT ARE

IN THE CHAMBERS. IT IS FROM NONE OTHER THAN ROSA PARKS, WHOSE

BIRTHDAY IT IS TODAY. MS. PARKS, AS YOU KNOW, IS AN AMERICAN ACTIVIST

IN THE CIVIL RIGHTS MOVEMENT, AND SHE'S BEST KNOWN FOR HER PIVOTAL

ROLE IN THE MONTGOMERY BUS BOYCOTT. THE UNITED STATES CONGRESS HAS

CALLED HER "THE FIRST LADY OF CIVIL RIGHTS" AND "THE MOTHER OF THE

FREEDOM MOVEMENT." WE ARE -- THE QUOTE FROM MS. PARKS TODAY, MR.

SPEAKER, COMES IN THREE PARTS. ONE OF THEM IS, "EACH PERSON MUST LIVE

THEIR LIFE AS A MODEL FOR OTHERS." THE SECOND ONE IS, "YOU MUST NEVER

BE FEARFUL ABOUT WHAT YOU ARE DOING IF IT'S RIGHT." AND THE THIRD ONE, "I

WOULD LIKE TO BE REMEMBERED AS A PERSON WHO WANTED TO BE FREE... SO

OTHER PEOPLE COULD BE [SIC] FREE."

WITH THAT, MR. SPEAKER, MEMBERS SHOULD BE AWARE

THAT THEY HAVE ON THEIR DESKS A MAIN CALENDAR, THAT THERE WILL BE A

NEED FOR A WAYS AND MEANS COMMITTEE MEETING, AND WE SHOULD BE

CALLING THAT AS SOON AS WE'RE DONE IN A FEW MINUTES HERE. THERE WILL

ALSO BE A NEED FOR A RULES COMMITTEE. THESE COMMITTEES WILL

PRODUCE A [SIC] A-CALENDAR, WHICH WE ARE GOING TO TAKE UP TODAY.

NYS ASSEMBLY FEBRUARY 4, 2020

AND AFTER THERE ARE ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL

CONSENT FROM THE MAIN CALENDAR WHERE WE LEFT OFF YESTERDAY. MR.

SPEAKER, WE LEFT OFF ON CALENDAR NO. 380 ON PAGE 59; WE WILL BE

STARTING THERE TODAY. AND WE WILL ALSO CONTINUE OUR CONSENT FROM THE

MAIN CALENDAR, BEGINNING WITH CALENDAR NO. 240, WHICH IS ON PAGE

42. THERE WILL BE A NEED FOR A MINORITY [SIC] CONFERENCE AT THE

CONCLUSION OF OUR WORK TODAY AND, AS ALWAYS, WE WILL CONSULT WITH OUR

COLLEAGUES ON THE OTHER SIDE TO DETERMINE WHAT THEIR NEEDS ARE.

THAT IS A GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE

ANY INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

ACTING SPEAKER RYAN: THANK YOU MADAM

MAJORITY LEADER. WE HAVE NO HOUSEKEEPINGS [SIC], BUT WE DO HAVE

INTRODUCTIONS. ON BEHALF OF MS. WEINSTEIN -- I'M SORRY, CALL ON MS.

WEINSTEIN.

MS. WEINSTEIN: YES, THANK YOU, MR. SPEAKER. I'M

EXTRAORDINARILY PLEASED TO INTRODUCE -- TO INTRODUCE ANTONY PHILLIPSON,

HER MAJESTY'S TRADE COMMISSIONER FOR NORTH AMERICA AND THE U.K.'S

CONSUL GENERAL IN NEW YORK. ANTONY IS IN ALBANY FOR TWO DAYS OF

MEETINGS WITH CAPITAL REGION BUSINESSES THAT HAVE OR WISH TO HAVE A

TRADING RELATIONSHIP WITH THE U.K., BRITISH COMPANIES WITH A PRESENCE

IN THE CAPITAL REGION, AND BUSINESSES INTERESTED IN FREE TRADE

AGREEMENTS. HE HAS ALSO BEEN MEETING WITH NEW YORK STATE

GOVERNMENT LEADERS. ACCOMPANYING MR. PHILLIPSON TODAY ARE PAUL

SCHIPUL, VICE CONSUL FOR POLITICAL AFFAIRS, AND BEN BRIERLEY, CONSUL

SENIOR TRADE POLICY ADVISORS FOR NEW YORK AND BOSTON. WE ARE

NYS ASSEMBLY FEBRUARY 4, 2020

EXTREMELY PLEASED TO HAVE THESE GENTLEMEN JOINING US IN SESSION

TODAY. WE ADOPTED A RESOLUTION AT THE CLOSE OF YESTERDAY'S SESSION

RECOGNIZING THEIR VISIT TO THE CAPITAL REGION, WHICH I WILL BE

PRESENTING TO THEM LATER TODAY. MR. SPEAKER, PLEASE GIVE THEM THE

COURTESY AND CORDIALITY OF THE HOUSE. THANK YOU.

ACTING SPEAKER RYAN: ON BEHALF OF MS.

WEINSTEIN, THE SPEAKER AND ALL OTHER MEMBERS, WE WELCOME OUR

DISTINGUISHED GUESTS FROM THE UNITED KINGDOM TO THE CHAMBER, EXTEND

THE PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS. THANK

YOU FOR JOINING US HERE TODAY.

(APPLAUSE)

MR. JONES FOR AN INTRODUCTION.

MR. JONES: MR. SPEAKER, THANK YOU FOR THE

OPPORTUNITY TO INTRODUCE MEMBERS OF THE OLDER ADULTS TECHNOLOGY

SERVICES PROGRAM. THOSE HERE TODAY IN THE ASSEMBLY CHAMBER

REPRESENT THE 550 MEMBERS OF THE OLDER ADULTS TECHNOLOGY SERVICES

SENIOR PLANET EXPLORATION CENTER IN PLATTSBURGH. SINCE ITS OPENING IN

NOVEMBER 2015, OATS HAS HOSTED FIVE- AND TEN-WEEK DIGITAL

TECHNOLOGY COURSES, AND ALL OF SENIOR PLANETS COURSES AND EVENTS ARE

FREE. SINCE ITS INCEPTION IN NEW YORK CITY IN 2004, OATS HAS TAUGHT

COMPUTER CLASSES TO THOUSANDS OF NEW YORK CITY SENIORS, AND IN 2013

OPENED THE SENIOR PLANET EXPLORATION CENTER IN THE CHELSEA

NEIGHBORHOOD IN ASSEMBLYMAN GOTTFRIED'S DISTRICT, WHICH BECAME THE

FIRST SENIOR CENTER IN THE COUNTRY DEDICATED TO TECHNOLOGY. MY

CONSTITUENTS ARE HERE TODAY TO REPRESENT THE WORK OATS IS DOING IN THE

NYS ASSEMBLY FEBRUARY 4, 2020

115TH ASSEMBLY DISTRICT TO CONNECT SENIORS LIVING IN RURAL AREAS TO

OTHERS THROUGHOUT THE COMMUNITY AND THE WORLD THROUGH THE USE OF

TECHNOLOGY.

MR. SPEAKER, I ASK THAT YOU EXTEND ALL THE CORDIALITIES

OF THE CHAMBER TO THE OLDER ADULTS TECHNOLOGY SERVICES MEMBERSHIP,

AND I THANK YOU FOR THE OPPORTUNITY TO INTRODUCE THEM.

ACTING SPEAKER RYAN: ON BEHALF OF MR.

JONES, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME OUR

DISTINGUISHED GUESTS FROM THE PLATTSBURGH AREA TO THE CHAMBERS TODAY,

AND WE EXTEND TO THEM THE PRIVILEGES OF THE FLOOR AND HOPE THAT YOU

ENJOY THE PROCEEDINGS. THANK YOU FOR JOINING US TODAY.

(APPLAUSE)

MR. MORINELLO FOR AN INTRODUCTION.

MR. MORINELLO: THANK YOU, MR. SPEAKER. I'M

PLEASED TO INTRODUCE MICHAEL LEE, MARCO SANTIAGO, DAVID KOK, JR.,

JOHN MARCYAN, JR., SHAUN BIELEC, MICHAEL CORCORAN, SCOTT BAX AND

DAVID KOK, SR. THESE ARE MEMBERS OF THE NIAGARA FALLS, NEW YORK

POLICE DEPARTMENT. BEING A BORDER CITY, THEIR JOB IS COMPLICATED BY

MANY DIFFERENT LANGUAGES THEY HAVE TO DEAL WITH WHEN THEY ARE

PROTECTING THE CITIZENS OF NIAGARA FALLS AND THE VISITORS THERE, TOO.

THEY JOIN WITH THE STATE POLICE IN THE PARKS IN PROTECTING THE STATE

PARKS, WHICH ARE OWNED BY THE STATE. I AM PROUD TO BRING THEM TO

ALBANY AND HAVE THEM INTRODUCED ON THE FLOOR. MR. SPEAKER, IF YOU

WOULD HONOR THEM WITH THE COURTESY AND CORDIALITY OF THE CHAMBER.

ACTING SPEAKER RYAN: ON BEHALF OF MR.

NYS ASSEMBLY FEBRUARY 4, 2020

MORINELLO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME MEMBERS OF

THE NIAGARA FALLS POLICE DEPARTMENT TO THE CHAMBERS. WE EXTEND THE

PRIVILEGES OF THE FLOOR, AND WE HOPE YOU ENJOY THE PROCEEDINGS. THANK

YOU FOR JOINING US HERE TODAY.

(APPLAUSE)

MS. LUPARDO FOR AN INTRODUCTION.

MS. LUPARDO: THANK YOU VERY MUCH, MR.

SPEAKER. COLLEAGUES, YOU MAY HAVE NOTICED THAT THE FUTURE FARMERS

OF AMERICA WERE HERE TODAY. THEY WERE DOWN ON THE CONCOURSE WITH

MANY OF THEIR DISPLAYS. WE ARE VERY HAPPY THAT THEY ARE HERE. WE ARE

JOINED IN THE CHAMBER BY THREE FAA MEMBERS, THEY'RE STANDING IN THE

BACK. WE HAVE TAYLOR ROLLINS FROM MADISON; PEYTON FONTAINE,

PIONEER, AND BRANDON PHELPS FROM LOWVILLE. THE FUTURE FARMERS

CLUBS THROUGHOUT THE COUNTRY STARTED BACK IN THE 1920'S WITH A HANDFUL

OF MEMBERS, AND NOW HAS GROWN TO MORE THAN 610,000 MEMBERS IN

MORE THAN 6,600 CHAPTERS -- 7,600 CHAPTERS IN ALL 50 STATES, AS WELL AS

PUERTO RICO AND THE VIRGIN ISLANDS, AND WE HOPE TO SEE MORE CHAPTERS

DOWN IN NEW YORK CITY THIS YEAR. SO IF YOU WOULD WISH THEM A

WELCOME, I'M VERY GRATEFUL.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. LUPARDO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR, OUR THANKS BECAUSE YOU AND YOUR COLLEAGUES HAVE FILLED THE

-- THE CAPITOL TODAY. WE ARE ALL HAPPY THAT YOU'VE COME. WE WISH

YOU SUCCESS IN THE FUTURE, AND WE ARE MINDFUL THAT AGRICULTURE IS ONE OF

NYS ASSEMBLY FEBRUARY 4, 2020

THE LARGEST INDUSTRIES HERE IN THIS STATE AND ESSENTIAL BECAUSE WE FEED

THE WORLD. THANK YOU SO VERY MUCH. CONTINUE YOUR GREAT WORK.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COULD YOU PLEASE CALL THE WAYS AND MEANS COMMITTEE TO

THE SPEAKER'S CONFERENCE ROOM? CHAIRWOMAN WEINSTEIN HAS ALREADY

MADE HER WAY THERE.

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM. MEMBERS, PLEASE GO IMMEDIATELY. IF

YOU ARE WITHIN THE SOUND OF OUR VOICE, PLEASE COME TO THE SPEAKER'S

CONFERENCE ROOM AND TO CHAMBER. THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN

CONTINUE OUR WORK NOW ON PAGE 3 WITH RESOLUTIONS, AND THEN WE'RE

GOING TO GO ON TO PAGE 59 AND START WITH CALENDAR NO. 380.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 740, MS.

LUPARDO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM FEBRUARY 22-29, 2020, AS FFA WEEK IN THE STATE

OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

(PAUSE)

NYS ASSEMBLY FEBRUARY 4, 2020

ACTING SPEAKER BURKE: MR. FRIEND FOR AN

INTRODUCTION.

MR. FRIEND: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO INTERRUPT OUR PROCEEDINGS. ON BEHALF OF ASSEMBLYMAN

PALMESANO, ASSEMBLYMAN GIGLIO, ASSEMBLYWOMAN BYRNES AND

MYSELF, I'D LIKE TO WELCOME TO THE CHAMBER MEMBERS OF REALITY

CHECK: AMBER UPDIKE, ARIANNA HASKINS, SHANE LEHMAN, WALLY

LONGWELL, SAMANTHA WHITE AND MICHELLE LARIMORE, WHO ARE BOTH THE

COORDINATORS FOR THE GROUP. THEY'VE BEEN UP HERE TODAY AND YESTERDAY

ADVOCATING FOR DECREASING YOUTH ACCESS TO CIGARETTES AND TOBACCO

PRODUCTS, AND THE DECEPTIVE PRACTICES THAT ARE PROMOTED WITHIN THE

STORES, AS WELL AS SOME OF THE ASPECTS THAT HAPPEN WITHIN OUR SCHOOL

DISTRICTS WHEN KIDS ARE TRYING TO SUBVERT THE POLICIES IN THE SCHOOL

SYSTEM IN ORDER TO CONTINUE VAPING OR SMOKING. IT'S BEEN A REAL

LEARNING EXPERIENCE FOR ME AND I JUST WANT TO WELCOME THEM TO THE

CHAMBER AND THANK THEM FOR TRAVELING TO ALBANY.

ACTING SPEAKER BURKE: ABSOLUTELY. ON

BEHALF OF ASSEMBLYMEMBER FRIEND, THE SPEAKER AND ALL THE MEMBERS,

WE WELCOME YOU TO THE CHAMBER AND EXTEND THE PRIVILEGES OF THE FLOOR

AND HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU VERY MUCH FOR

JOINING US.

(APPLAUSE)

CONSENT BEGINNING WITH CALENDAR NO. 380, THE CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A09060, CALENDAR NO.

NYS ASSEMBLY FEBRUARY 4, 2020

380, WRIGHT, BLAKE. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION

TO SIGNIFICANT PROGRAMMATIC ACCOMPLISHMENT FOR LIMITED CREDIT TIME

ALLOWANCES FOR CERTAIN INMATES.

ACTING SPEAKER BURKE: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BURKE: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COLLEAGUES THAT ARE IN AND AROUND THE CHAMBERS, IF YOU CAN

COME IN AND CAST YOUR FIRST VOTE OF TODAY. IT'S THE FIRST VOTE ON THE

SECOND DAY OF THE FIFTH WEEK OF THE 243RD LEGISLATIVE SESSION OF THE

NEW YORK STATE ASSEMBLY. FIRST VOTE OF THE DAY.

ACTING SPEAKER BURKE: FIRST VOTE OF THE DAY,

MEMBERS.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

A PIECE OF HOUSEKEEPING.

ON A MOTION BY MS. WALKER, PAGE 56, CALENDAR NO.

322, BILL NO. A08280-B IS RESTORED TO ITS PREVIOUS PRINT.

(PAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

NYS ASSEMBLY FEBRUARY 4, 2020

PLEASE CALL A RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?

RULES COMMITTEE.

ACTING SPEAKER BURKE: THE RULES

COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM.

AND THE CLERK WILL CONTINUE WITH CALENDAR NO. 381.

THE CLERK: ASSEMBLY NO. A09061, CALENDAR NO.

381, WEPRIN, BLAKE. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION

TO THE DETENTION OF INDIVIDUALS IN A COUNTY JAIL PENDING A FIRST COURT

APPEARANCE IN AN OFF-HOURS ARRAIGNMENT PART.

ACTING SPEAKER BURKE: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BURKE: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09062, CALENDAR NO.

382, WEPRIN, BLAKE. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION

TO REQUIRING A REPORT ON THE DEATH AND CIRCUMSTANCES OF AN INMATE TO BE

SENT TO CERTAIN RECIPIENTS.

ACTING SPEAKER BURKE: ON A -- LAID ASIDE.

OH, I GOTTA SAY IT FIRST.

ON A MOTION BY MR. WEPRIN, THE SENATE BILL IS BEFORE

THE HOUSE. THE SENATE BILL IS ADVANCED. LAID ASIDE -- AND THE BILL IS

NYS ASSEMBLY FEBRUARY 4, 2020

LAID ASIDE.

THE CLERK: ASSEMBLY NO. A09127, CALENDAR NO.

383, CRESPO. AN ACT TO AMEND THE PUBLIC HOUSING LAW, IN RELATION TO

REQUIRING A CONSPICUOUS MEMORANDUM REGARDING THE DISRUPTION OF VITAL

SERVICES.

ACTING SPEAKER BURKE: ON A MOTION BY MR.

CRESPO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BURKE: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: ARE THERE -- SHH,

LADIES AND GENTLEMEN.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. GOODELL FOR THE PURPOSES OF A [SIC] INTRODUCTION.

MR. GOODELL: THANK YOU, MR. SPEAKER. ON

BEHALF OF ASSEMBLYMAN BYRNE AND ASSEMBLYMAN BRABENEC, IT IS MY

PLEASURE TO INTRODUCE TWO DISTINGUISHED GUESTS, ALEX CARUSO AND

GASPARE COSTANZO. THEY ARE REPRESENTATIVES OF THE DAIRY AND CHEESE

INDUSTRY AND BRAND AMBASSADORS FOR THE ITALIAN-AMERICAN CHEESE

PRODUCERS. MANY PRODUCTS ARE MADE RIGHT HERE IN NEW YORK STATE, SO

FOR ALL THE CHEESE LOVERS, WE'RE DELIGHTED TO HAVE THEM HERE. IF YOU'LL

NYS ASSEMBLY FEBRUARY 4, 2020

EXTEND THE GREETINGS ON BEHALF OF OUR CHAMBER AND EXTEND TO THEM THE

PRIVILEGES OF THE FLOOR, I WOULD APPRECIATE IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF ASSEMBLYMEMBERS BYRNES [SIC] AND BRABENEC, WE WELCOME YOU TO

THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. THANK YOU FOR JOINING US, AND ALSO JOINED BY THE SPEAKER AND ALL

THE MEMBERS, WE WISH YOU WELL. HOPE YOUR TRIP TO ALBANY HAS BEEN

BENEFICIAL, AND PLEASE COME BACK AND VISIT US SOON. THANK YOU SO

VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09128, CALENDAR NO.

384, LAVINE, BLAKE. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO

THE TIMING OF THE ANNUAL CHECK OF REGISTRANTS; AND PROVIDING FOR THE

REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

LAVINE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY FEBRUARY 4, 2020

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

ADVANCE THE A-CALENDAR SO THAT WE MIGHT TAKE IT UP IMMEDIATELY?

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN

GO TO PAGE 3, BEGINNING WITH RULES REPORT NO. 10, FOLLOWED BY NO. 11

IN THAT ORDER, MR. RYAN, ON DEBATE.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

SHH, LADIES AND GENTLEMEN.

THE CLERK: ASSEMBLY NO. A09136, RULES REPORT

NO. 10, RYAN, COLTON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

INCREASING THE LENGTH OF THE SUSPENSION PERIOD APPLICABLE TO CERTAIN

STRIKING WORKERS WHO SEEK TO OBTAIN UNEMPLOYMENT INSURANCE BENEFITS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS --

OH, HOLD ON ONE MINUTE. ON A MOTION BY MR. RYAN, THE SENATE BILL IS

BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

MR. RYAN, AN EXPLANATION IS REQUESTED.

MEMBERS, WE ARE ON DEBATE. PLEASE HOLD DOWN YOUR

CONVERSATIONS, EVEN IN THE BACK OF THE CHAMBER.

MR. RYAN: THANK YOU, MR. SPEAKER. THIS BILL

WOULD ADJUST THE AMOUNT OF TIME THAT WORKERS ON STRIKE MUST WAIT

BEFORE FILING A CLAIM FOR UNINSURANCE [SIC] BENEFITS, AND IT WILL BE

CONSISTENT WITH NON-UNION STRIKING CLAIMANTS. CURRENTLY IN LAW,

NYS ASSEMBLY FEBRUARY 4, 2020

WORKERS OF NEW YORK STATE ARE PERMITTED TO RECEIVE UNEMPLOYMENT

BENEFITS FOR STRIKING AFTER THEY'VE WAITED FOR SEVEN WEEKS. THIS LAW

WOULD CHANGE IT FROM A SEVEN-WEEK PERIOD OF DELAY TO A TWO-WEEK

PERIOD OF DELAY.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

RYAN?

MR. RYAN: CERTAINLY.

ACTING SPEAKER AUBRY: MR. RYAN YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MR. RYAN.

IT'S MY UNDERSTANDING THAT THE REASON THAT CURRENT LAW EXISTS WITH A

SEVEN-WEEK DELAY IS BECAUSE FOR THE LAST 80 YEARS, THE STATE HAS TAKEN A

POSITION THAT WE SHOULD NOT REQUIRE EMPLOYERS TO FUND STRIKES. AND, OF

COURSE, UNEMPLOYMENT BENEFITS ARE PAID BY A CHARGE TO THE EMPLOYER.

AND SO, THE STATE'S POLICY IS REFLECTED IN NUMEROUS CASES AND

LEGISLATIVE HISTORY IS THAT IF THERE'S A STRIKE, THE STATE SHOULD STAY OUT OF

IT AND NOT FORCE EMPLOYERS TO PAY OR -- OR PENALIZE EMPLOYEES. WHY

SHOULD WE CHANGE THAT POLICY THAT HAS SERVED NEW YORK STATE FOR EIGHT

DECADES?

MR. RYAN: WELL, CERTAINLY THAT'S AN INTERESTING

QUESTION, AND THIS DOES REFLECT A POLICY CHANGE, BUT IT'S NOT SO CUT AND

DRY. WHILE WORKERS HAD TO WAIT SEVEN WEEKS, OTHERS STATES DON'T ALLOW

ANY BENEFIT FOR PEOPLE WHO ARE ON STRIKE UNDER ANY CIRCUMSTANCES.

NYS ASSEMBLY FEBRUARY 4, 2020

AND EACH STATE APPROACHES THIS DIFFERENTLY. AND WHILE NEW YORK

STATE DID HAVE THAT SEVEN WEEK RULE THAT WE HOPE TO CHANGE TODAY, YOU

MUST REMEMBER THAT DURING THIS TIME, IF YOU WERE LOCKED OUT OF YOUR

JOB, YOU ARE ALLOWED TO COLLECT UNEMPLOYMENT BENEFITS OR, IN FACT, IF

YOU WERE REPLACED DURING A STRIKE, YOU COULD THEN COLLECT

UNEMPLOYMENT BENEFITS.

SO WHILE FOR THE BULK OF THE CLAIMS YOU HAD TO WAIT

AFTER SEVEN WEEKS, THERE WERE SEVERAL INSTANCES OF LESS THAN SEVEN

WEEKS, AND THAT BASICALLY REFLECTS THE CONCEPT IS -- THE FREEDOM TO FORM

A UNION AND STRIKE IS GIVEN TO US UNDER THE U.S. CONSTITUTION. SO THE

U.S. CONSTITUTION GIVES YOU THE RIGHT, THE FREEDOM OF EXPRESSION AND

FREEDOM OF ASSOCIATION. SO, STATES HAVE GRAPPLED WITH THIS IDEA OF YOU

HAVE TO PAY A FEE, ESSENTIALLY, TO ASSERT YOUR RIGHTS.

SO, YOU PAY INTO THE UNEMPLOYMENT FUND AS A WORKER

AND YOU GO TO A WORK STOPPAGE, BUT YOU'RE NOT ALLOWED TO RETRIEVE YOUR

MONEY OUT OF THE FUND FOR SEVEN WEEKS. NO ONE KNOWS WHY WE DID

SEVEN WEEKS, BUT NEW JERSEY RECENTLY CHANGED THEIR RULES FROM A VERY

LONG WAITING PERIOD TO A THREE-WEEK WAITING PERIOD. SO, IN SOME WAYS

WE'LL BE COMING INTO LINE WITH NEW JERSEY. BUT JUST TO MAKE NO

MISTAKE, YOU KNOW, WE DON'T WORKERS STARVED FROM THE BARGAINING

TABLE BACK TO THE WORKPLACE. WE WANT PEOPLE TO BE ABLE TO EXERCISE

THEIR CONSTITUTIONAL RIGHTS NOT UNDER ECONOMIC PENALTY.

MR. GOODELL: WELL, YOU BROUGHT UP AN

INTERESTING POINT, AND I APPRECIATE THE CLARIFICATION ON EXISTING LAW.

THE EXISTING LAW DOESN'T IMPOSE AN AUTOMATIC SEVEN WEEK REGARDLESS

NYS ASSEMBLY FEBRUARY 4, 2020

OF WHAT HAPPENS. IF THE EMPLOYER ENGAGES IN A LOCKOUT, THEN

EMPLOYEES UNDER CURRENT LAW CAN IMMEDIATELY COLLECT, RIGHT?

MR. RYAN: THAT'S CORRECT.

MR. GOODELL: AND IF THE EMPLOYER REPLACES A

STRIKING WORKER WITH A PERMANENT WORKER, THEN THE WORKER CAN

IMMEDIATELY COLLECT, CORRECT?

MR. RYAN: THAT IS CORRECT, MR. GOODELL.

MR. GOODELL: SO THE CURRENT LAW REFLECTS THE

BACK AND FORTH PLAY IF IT'S AN EMPLOYER-INITIATED LOCKOUT OR THE

EMPLOYERS REPLACING AN EMPLOYEE, THE EMPLOYEES ARE ENTITLED TO

IMMEDIATE UNEMPLOYMENT BENEFITS WHICH ARE PAID FOR, OF COURSE, BY

THE EMPLOYER IN CONTRIBUTIONS. ON THE OTHER HAND, UNDER CURRENT LAW,

IF IT'S THE EMPLOYEES THAT INITIATE THE WALKOUT WITHOUT THE SUPPORT OR

WITHOUT A LOCKOUT OR ANYTHING, BUT IF THE EMPLOYEES INITIATE IT, THEN THE

EMPLOYEES WAIT. YOUR -- THIS PROPOSED BILL WOULD CHANGE IT SO THAT IF

AN EMPLOYER INITIATES IT, THEY GET PAID IMMEDIATELY, AND IF THE

EMPLOYEES INITIATE IT, THEY'LL NOW BE PAID MUCH QUICKER, CORRECT?

MR. RYAN: THAT'S CORRECT. SO EACH OF THESE IS A

POLICY -- POLICY DECISION WE MADE. SO, PROVIDING STRIKE PAY TO PEOPLE

LOCKED OUT OR PERMANENTLY REPLACED IS A POLICY DECISION. ALL STATES DO

IT DIFFERENTLY. SOME STATES DO NOT PROVIDE UNEMPLOYMENT UNDER THOSE

SITUATIONS. AND, JUST TO BE CLEAR, YOU MENTIONED THE EMPLOYER IS

PAYING FOR UNEMPLOYMENT, BUT THE EMPLOYEES PAY INTO THE FUND, ALSO.

MR. GOODELL: WHICH IS WHY THEY COLLECT

IMMEDIATELY IF THEY'RE LOCKED OUT OR IF THEY'RE REPLACED, AND THEY DO

NYS ASSEMBLY FEBRUARY 4, 2020

COLLECT UNDER CURRENT LAW AFTER SEVEN WEEKS, CORRECT?

MR. RYAN: THAT'S CORRECT, YUP.

MR. GOODELL: NOW, YOU MENTIONED THAT DIFFERENT

STATES DO IT DIFFERENTLY. HOW MANY STATES AUTHORIZE UNEMPLOYMENT

BENEFITS FOR STRIKING WORKERS?

MR. RYAN: FOUR.

MR. GOODELL: AND NEW YORK IS ONE OF THE FOUR

NOW.

MR. RYAN: NEW YORK IS ONE OF THE FOUR, THAT'S

CORRECT.

MR. GOODELL: AND SO THE OTHER 46 THAT ARE

COMPETING WITH US FOR BUSINESSES AND INDUSTRY, THEY DON'T PROVIDE

UNEMPLOYMENT BENEFITS LIKE WE DO ALREADY?

MR. RYAN: THAT'S CORRECT, YUP. YOU NEED IT FOR

LOCKOUTS, FOR REPLACEMENTS OR ANY -- ANY WORK STOPPAGE.

MR. GOODELL: SO, WE'RE GOING TO TAKE A PROGRAM

THAT IN NEW YORK IS ALREADY MORE GENEROUS THAN 46 STATES AND MAKE IT

EVEN MORE GENEROUS?

MR. RYAN: THAT'S RIGHT. THE REASON WE BECOME A

HIGH WAGE STATE IN NEW YORK IS BECAUSE WE ALLOW WORKERS TO

NEGOTIATE WITH THEIR EMPLOYERS. YOU KNOW, IF YOU'VE SEEN THE

DECAYING WAGES PAID TO AMERICAN WORKERS IN THE LAST 30 YEARS,

CERTAINLY THE LEVEL OF PAY HAS NOT KEPT UP WITH PRODUCTIVITY INCREASES,

BUT DURING THAT SAME PERIOD OF TIME, THERE WAS A DECREASE IN

UNIONIZATION, BUT ALSO A -- A DECREASE IN STRIKES. SO, IT BECAME HARDER

NYS ASSEMBLY FEBRUARY 4, 2020

AND HARDER FOR AN AVERAGE AMERICAN WHOSE WAGES AND REAL DOLLARS IS

DECREASING TO EXERCISE THEIR CONSTITUTIONAL RIGHT TO A STRIKE.

SO, THAT'S THE PICKLE THAT WE'RE -- WE'RE TRYING TO GET

OUT OF IS TRYING TO FIGURE OUT WHAT IS THE RIGHT POLICY. AND OTHER STATES

HAVE WRESTLED WITH THIS IN A DIFFERENT WAY. THERE'S, YOU KNOW, OLD, OLD

CASE LAW OUT OF MASSACHUSETTS SAYING PEOPLE SHOULD BE ENTITLED TO

STRIKE PAY BECAUSE WHAT IF ONLY 51 PERCENT VOTED TO GO ON STRIKE?

WELL, THE OTHER 49 PERCENT CAN'T GO TO WORK EITHER. OR, RECENTLY, THERE

WAS WORK STOPPAGES IN WESTERN NEW YORK THIS SUMMER WHERE IT

AFFECTED NOT ONLY THOSE UNIONIZED EMPLOYEES, BUT OTHER PEOPLE AT THAT

FACILITY BECAUSE THE WHOLE FACILITY SHUTS DOWN.

BUT YOU HAVE TO ALSO KEEP THIS IN MIND IN TERMS OF IF

YOU'RE WORRIED ABOUT THIS BILL ENCOURAGING PEOPLE, YOU KNOW, TO GO ON

STRIKE, MAKE NO MISTAKE, AN EMPLOYEE WHO GOES ON STRIKE WILL NEVER

RECOVER THE ECONOMIC LOSS. SO, THE RECENT WORK STOPPAGE WE'RE

PROBABLY MOST FAMILIAR WITH THIS SUMMER, THE UNITED AUTO WORKERS,

THEY GOT $250 STRIKE PAY. AND THE CAP FOR UNEMPLOYMENT INSURANCE IN

NEW YORK STATE IS ONLY $450. SO, YOU'RE GOING TO BE LOSING A LOT OF

MONEY WHETHER YOU GO ON STRIKE AND GET UNEMPLOYMENT BENEFITS OR IF

YOU DON'T.

SO, WORK STOPPAGES IN NEW YORK STATE ARE WAY DOWN.

STRIKES ARE -- ARE WAY DOWN. IT'S NOT THE PREFERRED WAY TO BARGAIN A

CONTRACT ANYMORE, BUT WHEN IT DOES COME TO THIS IMPASSE POINT AND A

STRIKE DOES OCCUR, WE DON'T WANT TO BE PART OF STARVING EMPLOYEES BACK

TO THE BARGAINING TABLE AND MAKING THEM TAKE A CONTRACT ONLY BECAUSE

NYS ASSEMBLY FEBRUARY 4, 2020

THEY NEED TO PUT BREAD ON THE TABLE FOR NEXT WEEK'S GROCERIES.

MR. GOODELL: OF COURSE DURING A TIME PERIOD OF A

STRIKE, AN EMPLOYER IS ALSO LIKELY LOSING MONEY BECAUSE THEY'RE NOT

HAVING ANY PRODUCTION AND, IN FACT, THE STRIKE THAT AFFECTED GM

RESULTED IN THE LOSS OF REPORTED MILLIONS AND MILLIONS OF DOLLARS. AND

SO, IT'S A TWO-WAY STRAIGHT -- STREET.

MR. RYAN: IT DID, IN FACT, RESULT IN THE LOSS OF

MILLIONS OF DOLLARS, BUT, REST ASSURED, THAT GENERAL MOTORS STILL CLOSED

OUT THE YEAR WITH MULTI-BILLION DOLLAR PROFITS.

MR. GOODELL: AND OBVIOUSLY FOR MANY, MANY

REASONS, SOME... BUT TOUCHING BASE A LITTLE BIT ON WHO CAN QUALIFY AND

WHO CAN'T.

MR. RYAN: SURE.

MR. GOODELL: IF AN INDIVIDUAL EMPLOYEE DECIDES

TO QUIT WITHOUT GOOD CAUSE, THEY JUST START WORKING THERE, THEY WANT TO

WORK SOMEWHERE ELSE, THEY'RE NOT ENTITLED TO UNEMPLOYMENT BENEFITS,

CORRECT?

MR. RYAN: THAT'S CORRECT.

MR. GOODELL: AND SO, WHAT WE'RE SAYING IS IF YOU

QUIT ON YOUR OWN, YOU'RE NOT ENTITLED TO UNEMPLOYMENT BENEFITS, BUT IF

YOU'RE PART OF A UNION AND YOU GO ON STRIKE, YOU WOULD BE ENTITLED TO

UNEMPLOYMENT BENEFITS AFTER -- UNDER THIS BILL AFTER A FEW WEEKS?

MR. RYAN: YES. IF YOU'RE -- AS OPPOSED TO QUITTING,

IF YOU'RE PART OF THE CONCERTED ACTION THAT'S PART OF A STRIKE, THEN YOU

WILL BE ABLE TO COLLECT UNEMPLOYMENT BENEFITS, AS YOU CURRENTLY ARE IN

NYS ASSEMBLY FEBRUARY 4, 2020

NEW YORK STATE AFTER SEVEN WEEKS.

MR. GOODELL: NOW, YOU MENTIONED THAT, OF

COURSE, YOU'RE ENTITLED TO UNEMPLOYMENT BENEFITS IMMEDIATELY IF IT'S A

LOCKOUT OR IF -- OR IF THERE'S A REPLACEMENT, BUT YOU'RE ALSO ENTITLED TO

UNEMPLOYMENT BENEFITS IMMEDIATELY, RIGHT, IF YOU LOSE YOUR JOB

BECAUSE SOME OTHER UNIT IS STRIKING? IN OTHER WORDS, IT'S NOT YOUR UNIT

THAT'S STRIKING, BUT THAT AFFECTS YOU; YOU'RE STILL ENTITLED TO BENEFITS

IMMEDIATELY, CORRECT?

MR. RYAN: YOU ARE. WHEN YOU SAY "IMMEDIATELY,"

JUST TO BE CLEAR, THAT EVERY WORKER IN NEW YORK STATE HAS TO WAIT ONE

WEEK BEFORE THEY'RE ENTITLED TO UNEMPLOYMENT BENEFITS. SO, UNDER

YOUR SCENARIO, THEY'D STILL HAVE TO WAIT A WEEK AND THEN WOULD BE

ENTITLED.

MR. GOODELL: NOW I - IN MY DISTRICT, AND I'M SURE

THE SAME IS TRUE WITH YOUR DISTRICT - WE HAVE EMPLOYERS THAT HAVE

MULTIPLE PLANTS, SOME IN NEW YORK, SOME IN PENNSYLVANIA, NEW

JERSEY, CONNECTICUT. HOW'S ARE YOU OR I UNEMPLOYMENT COSTS COMPARE

IN NEW YORK COMPARED TO OUR NEIGHBORING STATES?

MR. RYAN: WELL, EVERY STATE HAS DIFFERENT

UNEMPLOYMENT COSTS BASED ON THE BENEFITS THAT THEIR POLICYMAKERS

CHOOSE TO PAY IN UNEMPLOYMENT.

MR. GOODELL: AND AM I CORRECT, THOUGH, THAT

NEW YORK'S ARE AMONGST THE HIGHEST IN THE NATION?

MR. RYAN: I HAVEN'T COMPARED NEW YORK'S TO ANY

-- ANY OTHER STATES, BUT I DO KNOW THAT IT IS A CAP OF $450 A WEEK THAT --

NYS ASSEMBLY FEBRUARY 4, 2020

IF THAT COMES OUT TO A [SIC] HOURLY WAGE IS A PRETTY LOW HOURLY WAGE.

MR. GOODELL: MR. RYAN, AGAIN, THANK YOU VERY

MUCH FOR YOUR COMMENTS. I APPRECIATE YOUR THOUGHTFULNESS AND YOUR

UNDERSTANDING OF THE COMPLEXITIES OF THIS BILL.

MR. RYAN: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: SO, FOR THE LAST 80 YEARS WE'VE HAD

A BALANCE IN NEW YORK WHERE WE TRIED TO BALANCE THE RIGHTS OF

EMPLOYERS WHO PAY INTO THE UNEMPLOYMENT SYSTEM AND THE RIGHTS OF

EMPLOYEES WHO MAY BE ON STRIKE. AND WHAT WE'VE SAID IN NEW YORK

FOR THE LAST 80 YEARS IS IF THE EMPLOYER LOCKS YOU OUT SO YOU CANNOT GO

TO WORK, YOU'RE ENTITLED TO UNEMPLOYMENT BENEFITS WITHOUT ANY

ADDITIONAL DELAY. OR, IF YOU GO ON STRIKE AND THE EMPLOYER REPLACES

YOU PERMANENTLY, YOU'RE ENTITLED TO UNEMPLOYMENT BENEFITS WITHOUT

ANY ADDITIONAL DELAY. OR, IF YOU'RE NOT WORKING BECAUSE SOME OTHER

UNIT WITH YOUR EMPLOYER IS ON STRIKE, YOU GET THAT UNEMPLOYMENT

BENEFITS, AND THOSE UNEMPLOYMENT BENEFITS ARE PAID BY THE EMPLOYER.

ON THE OTHER HAND, IF YOU QUIT AND YOU WALK OFF THE

JOB, YOU'RE NOT ENTITLED TO UNEMPLOYMENT BENEFITS. IF YOU QUIT EN

MASSE IN THE FORM OF A STRIKE, THEN WE'VE TRIED TO STRIKE THAT BALANCE

AND WE'VE SAID FOR SEVEN WEEKS YOU'RE NOT ENTITLED TO UNEMPLOYMENT

BENEFITS, BUT IF THE STRIKE GOES ON LONGER THAN THAT, YOU GET

UNEMPLOYMENT BENEFITS. AND IN THE MEANTIME, THE UNIONS THROUGHOUT

NEW YORK STATE AND NATIONALLY, KNOWING THAT THAT'S THE RULE IN NEW

NYS ASSEMBLY FEBRUARY 4, 2020

YORK, HAVE PUT ASIDE MONEY FOR A STRIKE FUND SO THAT IF THEIR EMPLOYEES

GO OUT, THEY HAVE PAYMENTS THAT COMES DIRECTLY FROM THE UNION THAT

OFFSET THAT TEMPORARY LOSS OF BENEFITS.

CORNELL UNIVERSITY DID A STUDY ON THIS IN 1992, A FAIRLY

COMPREHENSIVE, THOUGHTFUL STUDY, AND BASED ON A CROSS-SECTION

ANALYSIS LOOKING AT NEW YORK AND MANY OTHER STATES THEY SAID THE

EVIDENCE IS ABSOLUTELY CLEAR AND STRONG, THAT'S THEIR WORD, "AND STRONG,"

THAT THE SOONER YOU PROVIDE UNEMPLOYMENT BENEFITS, THE MORE STRIKES

OCCUR. AND, OF COURSE, THAT MAKES SENSE TO ALL OF US BECAUSE IF YOU'RE

PAYING PEOPLE WHILE THEY'RE OUT ON STRIKE, THEY HAVE NOTHING TO LOSE SO

THEY'RE LIKELY TO STRIKE SOONER. AND GRANTED, UNEMPLOYMENT DOESN'T

PAY YOUR FULL SALARY, BUT IT CERTAINLY MAKES IT EASIER TO GO ON STRIKE.

NOW ALL OF US, CERTAINLY ALL OF US IN UPSTATE, BUT

CERTAINLY EVEN IN THE CITY ARE CONCERNED ABOUT THE JOB MARKET. AND I

-- I WAS SHOCKED, AND I'M SURE MANY OF YOU WERE SHOCKED, TO DISCOVER,

ACCORDING TO OUR GOVERNOR, THAT ONE-THIRD OF THE RESIDENTS IN NEW

YORK STATE QUALIFY FOR MEDICAID. THINK ABOUT THAT, ONE-THIRD QUALIFY

FOR MEDICAID. THAT MEANS ONE-THIRD OF NEW YORKERS ARE SUFFERING

FROM POVERTY OR NEAR POVERTY. AND THE BEST WAY TO LIFT PEOPLE OUT OF

POVERTY IS WITH EMPLOYMENT. AND WE ALREADY HAVE SOME OF THE

HIGHEST EMPLOYMENT COSTS IN NEW YORK STATE, WHICH IS WHY WE'RE

HAVING TROUBLE COMPETING WITH OUR NEIGHBORING STATES.

SO THIS BILL, WHICH WILL RAISE COSTS ON EMPLOYERS,

INCREASE THE NUMBER OF STRIKES AND REDUCE OUR COMPETITIVENESS

ULTIMATELY WILL COST US JOBS. I THINK WE HAVE THE RIGHT BALANCE UNDER

NYS ASSEMBLY FEBRUARY 4, 2020

CURRENT LAW WHERE WE PROTECT WORKERS IF THEY ARE LAID OFF THROUGH NO

FAULT OF THEIR OWN, WHILE NOT FORCING EMPLOYERS TO PAY EMPLOYEES

WHILE THEY STRIKE AT LEAST FOR THE FIRST SEVEN WEEKS. SO FOR THOSE

REASONS, I WOULD RECOMMEND WE STAY WITH THE CURRENT LAW AND NOT

MAKE THIS CHANGE.

AGAIN, THANK YOU TO MY COLLEAGUE FOR HIS THOUGHTFUL

ANSWERS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. RYAN TO EXPLAIN HIS VOTE.

MR. RYAN: THANK YOU, MR. SPEAKER, THANK YOU

VERY MUCH. AS WE KNOW, THE RIGHT TO STRIKE IS A CONSTITUTIONAL RIGHT

UNDER THE UNITED STATES CONSTITUTION. STRIKES ARE RARE IN NEW YORK

STATE. THEY ONLY HAPPEN AT THE END OF A BIG, BIG PERIOD OF CONFLICT.

BUT WE'RE DISCOVERING THAT THE ECONOMIC COST OF STRIKES ON THE

EMPLOYEES IS SO HIGH THAT PEOPLE ARE NOT ABLE TO EXERCISE THEIR

CONSTITUTIONAL RIGHT. SO, THE DAY YOU GO ON STRIKE, YOUR HEALTH

INSURANCE IS CANCELED, YOU HAVE TO PAY IN, YOU HAVE NO MORE INCOME

COMING IN. SO, WHAT WE'RE TRYING TO DO IS INTRODUCE A NEW POLICY THAT

WILL ALLOW YOU TO EXERCISE YOUR RIGHTS WITHOUT SUCH A TREMENDOUS

ECONOMIC COST. AND I HOPE THIS WILL HELP TO REBALANCE THE

EMPLOYEE/EMPLOYER RIGHTS IN NEW YORK STATE.

NYS ASSEMBLY FEBRUARY 4, 2020

AND I THANK YOU, MR. SPEAKER. I ENCOURAGE ALL MY

COLLEAGUES TO VOTE IN FAVOR OF THIS LEGISLATION AND I WITHDRAW MY

REQUEST AND I VOTE IN THE AFFIRMATIVE, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. RYAN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09646, RULES REPORT

NO. 11, MAGNARELLI, CRESPO, DE LA ROSA, JOYNER, PICHARDO, REYES. AN

ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO SEATBELTS IN A

TAXI OR LIVERY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

SHH.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, TO EXPLAIN MY VOTE. I -- I WANTED TO COMMEND THE SPONSOR.

DURING THE DEBATE ON THE ORIGINAL BILL, CONCERN WAS RAISED THAT WE

TREATED PASSENGERS IN A LIMO DIFFERENTLY DEPENDING ON THEIR AGE. FOR

SOME, THE DRIVER WAS LIABLE IF THE PASSENGER WASN'T WEARING A SEAT BELT.

FOR OTHERS, IT WAS THE RESPONSIBILITY OF THE RIDER. THIS BILL CLARIFIES IT TO

NYS ASSEMBLY FEBRUARY 4, 2020

MAKE IT CLEAR THAT IT'S THE RESPONSIBILITY OF THE RIDER TO PUT THEIR SEAT

BELT ON AND RIDE -- RIDE WITH THEIR SEAT BELT. MAKES A GREAT DEAL OF

SENSE FOR A LIMO WHERE THE DRIVER MAY NOT BE ABLE TO SEE ALL THE

PASSENGERS. SO, AGAIN, THANK YOU TO MY COLLEAGUE FOR LISTENING TO THE

COMMENTS THAT WERE RAISED ON DEBATE AND ACTING QUICKLY TO CLARIFY THIS

BILL. I WILL BE VOTING YES.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: FINE RESOLUTIONS, WE

WILL TAKE UP THEM UP WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 741-745

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU

PLEASE CALL ON MR. OTIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSE OF A [SIC] ANNOUNCEMENT.

NYS ASSEMBLY FEBRUARY 4, 2020

MR. OTIS: THERE WILL BE AN IMMEDIATE MEETING OF

THE DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE ROOM

IMMEDIATELY UPON THE CONCLUSION OF SESSION. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR. OTIS.

DEMOCRATIC CONFERENCE IMMEDIATELY FOLLOWING SESSION.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STANDS ADJOURNED UNTIL THURSDAY, FEBRUARY THE 6TH,

TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE WILL RECONVENE AT 2 P.M.

FEBRUARY THE 10TH, MONDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 4:48 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, FEBRUARY 5TH AT 10:00 A.M., WEDNESDAY

BEING A SESSION DAY.)