WEDNESDAY JUNE 19, 2019 10:03 A.M.

ACTING SPEAKER AUBRY: 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 AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, JUNE 18TH.

MRS. PEOPLES-STOKES.

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

DISPENSE WITH THE JOURNAL -- THE FURTHER READING OF THE JOURNAL OF

NYS ASSEMBLY JUNE 19, 2019

TUESDAY, JUNE THE 18TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IT'S MY

HONOR TO HAVE THE OPPORTUNITY TO SHARE AGAIN WITH MY COLLEAGUES AND

FRIENDS AND STAFF THAT'S IN THE CHAMBERS [SIC] THOUGHTS ABOUT ADMIRAL

MICHELLE HOWARD. YESTERDAY, AS YOU KNOW, WE GAVE SOME VERY

PROFOUND WORDS THAT MS. HOWARD HAS SHARED. AND RIGHT AFTER THAT, OUR

OWN MEMBER, MR. SMULLEN, CAME UP TO ME AND SAID, OH, WOW. WE

ACTUALLY SERVED TOGETHER. HE IN THE MARINES AND HER IN THE NAVY. SO,

MR. SPEAKER, I WOULD LIKE TO GIVE MR. SMULLEN - I SHOULD SAY OFFICER

SMULLEN - AN OPPORTUNITY TO SHARE FOR A FEW MINUTES HIS OPPORTUNITY TO

SERVE WITH ADMIRAL MICHELLE HOWARD.

ACTING SPEAKER AUBRY: MR. SMULLEN.

MR. SMULLEN: MR. SPEAKER, THANK YOU VERY

MUCH. AND MRS. PEOPLES-STOKES, THANK YOU FOR THE OPPORTUNITY TO JUST

MAKE THE ONE DEGREE OF SEPARATION CONNECTION BETWEEN THIS ASSEMBLY

AND -- AND THE QUOTE THAT WAS YESTERDAY. I WAS PRETTY EXCITED ABOUT IT,

SO WHEN I -- WHEN I MENTIONED IT THAT WE HAD SERVED TOGETHER, IT'S A

GOOD STORY BECAUSE IT'S A -- IT'S A STORY OF AMERICA. HERE I AM FROM

NEW YORK AND I WENT INTO THE MARINES AND BEGAN MY SERVICE. I WAS

STATIONED IN CAMP PENDELTON, CALIFORNIA WITH FIRST BATTALION, FIRST

MARINES. WHEN WE WERE ASSIGNED TO GO TO SEA WITH THE UNITED STATES

NAVY, WITH THE 11TH MARINE EXPEDITIONARY UNIT, SPECIAL OPERATIONS

NYS ASSEMBLY JUNE 19, 2019

CAPABLE WITH AMPHIBIOUS READY GROUP OUT OF SAN DIEGO, THE BIG PORT

THERE. AND WE WERE EXCITED TO FIND OUT THAT WE WERE GOING OUT WITH

THE USS PELELIU, BUT ALSO ONE OF THE SHIPS WAS LSD 47, THE USS

RUSHMORE. AND THE COMMANDING OFFICER OF THAT FINE NAVY WARSHIP

WAS COMMANDER MICHELLE HOWARD, THE FIRST AFRICAN-AMERICAN NAVAL

OFFICER TO BE A FEMALE IN COMMAND OF A MAINLINE SHIP IN THE -- IN THE

US. NAVY. AND IT WAS ONE OF THOSE SITUATIONS WHERE WE KNEW AND --

AND -- AND MY MARINES WERE EMBARKED ABOARD THAT SHIP AND WE HAD A

VERY GREAT RELATIONSHIP OF GETTING ON AND OFF SHIPS BECAUSE WE WERE

GOING TO DEPLOY INTO HARM'S WAY, IN THIS CASE INTO THE PERSIAN GULF. SO

THE ADMIRAL AT THAT TIME, COMMANDER HOWARD, MANY TIMES IN HER

WARDROOM, WE DID ALL OF THE WORKUPS AND THEN WE WENT TO SEA FOR SIX

MONTHS IN -- IN JUNE OF 1999. AND WE DEPLOYED TO THE PERSIAN GULF

AND WE ACTUALLY ON THE WAY BACK FROM THAT OPERATION, WE DID HUMANI --

HUMANITARIAN OPERATIONS IN EAST TIMOR. NOW, ADMIRAL HOWARD WENT

ON A VERY SUCCESSFUL COMMAND TOUR, WENT ON TO GREAT HEIGHTS INTO THE

UNITED STATES NAVY. SHE CONTINUED TO COMMAND EXPEDITIONARY STRIKE

GROUPS, AMPHIBIOUS READY GROUPS. WENT ON TO COMMAND ONE OF THE

FLEETS, AND THEN BECAME THE VICE CHIEF OF NAVAL OPERATIONS. FOR HER

LAST JOB, A FOUR-STAR ADMIRAL IN THE UNITED STATES NAVY. SO HATS OFF TO

MRS. PEOPLES-STOKES FOR THE -- THE EXCELLENT QUOTE YESTERDAY. AND

REALLY, HATS OFF TO ADMIRAL MICHELLE HOWARD FOR HER SUCCESS IN THE

UNITED STATES NAVY ON BEHALF OF THE UNITED STATES OF AMERICA.

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY.

NYS ASSEMBLY JUNE 19, 2019

(APPLAUSE)

THAT'S RIGHT.

THANK YOU, MR. SMULLEN, FOR SHARING THAT WITH US.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, MEMBERS

DO HAVE ON -- ON THEIR -- ON THEIR DESKS A CALENDAR WHICH WE ARE GOING

TO GET STARTED WITH A VERY, VERY BUSY DAY MUCH LIKE YESTERDAY. A LOT

MORE WORK TO BE ACCOMPLISHED. SO I'M GOING TO ASK FOR EVERYONE'S

COOPERATION AGAIN AS WE TRY TO GET THIS WORK DONE IN A TIMELY AND

EFFICIENT MANNER. SO THERE IS A CALENDAR ON THE DESK AND THERE WILL

SOON BE A DEBATE LIST. AFTER ANY INTRODUCTIONS AND HOUSEKEEPING WE

WILL TAKE UP RESOLUTIONS ON PAGE 3, AND WE WILL CONTINUE TO CONSENT

BILLS WE LEFT OFF WITH. THERE ARE -- MS. SOLAGES HAS COMMENTS ON OUR

RESOLUTION PAGE. WE'RE GOING TO BE -- START OUR CONSENT WHERE WE LEFT

OFF AT WITH RULES REPORT NO. 431. IT'S ON PAGE 17. AND WE'RE GOING TO

GO RIGHT THROUGH TO RULES REPORT NO. 580, WHICH IS ON PAGE 48. WE'LL

ALSO BE TAKING UP BILLS FROM THAT DEBATE LIST THAT'S SOON TO BE OUT.

TODAY WE'RE GOING TO BEGIN WITH RULES REPORT NO. 579 BY MS. NOLAN.

IT'S ACTUALLY ON PAGE 47. WAYS AND MEANS AND RULES COMMITTEES WILL

NEED TO MEET, AND THEIR WORK WILL PRODUCE ANOTHER A- AND B-CALENDAR.

THERE WERE LIKELY BE A NEED FOR PARTY CONFERENCES, I'M PRETTY SURE, MR.

SPEAKER.

SO THAT'S A GENERAL OUTLINE OF WHERE WE'RE AT TODAY. IF

THERE'S ANY INTRODUCTIONS OR HOUSEKEEPING, IT WOULD BE A GREAT TIME TO

DO THAT NOW.

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: WE HAVE A GIFT TODAY,

MRS. PEOPLE-STOKES. YOU KNOW WHAT THAT IS? NO INTRODUCTIONS AND NO

HOUSEKEEPING.

(APPLAUSE)

MRS. PEOPLES-STOKES: AND NO HOUSEKEEPING!

(APPLAUSE)

WELL, MR. SPEAKER, I'D SAY WE'RE ON A ROLL. AND WE

CAN GO RIGHT TO RULES REPORT NO. 479.

ACTING SPEAKER AUBRY: I WILL CONCUR WITH

THAT.

MRS. PEOPLES-STOKES: APOLOGIES, MR. SPEAKER.

I GOT EXCITED. WE DO NEED TO GO TO RESOLUTIONS ON PAGE 3 FIRST.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 620, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 27, 2019, AS NORMALIZING

BREASTFEEDING AWARENESS DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. SOLAGES ON THE

RESOLUTION.

MS. SOLAGES: THANK YOU, MR. SPEAKER. FROM

HUMAN MILK TO FORMULA TO SOLID FOODS, YOU KNOW, THE INFANT AND -- AND

NEWBORN NUTRITION PROVIDES OUR YOUNGEST NEW YORKERS WITH OPTIMAL

GROWTH AND BE ABLE TO BUILD GENERATIONS. AND SO REGARDLESS OF YOUR

NUTRITIONAL PREFERENCE, WE SUPPORT ALL MOTHERS. AND WE ENCOURAGE ALL

NYS ASSEMBLY JUNE 19, 2019

MOTHERS TO FEED THEIR BABY AS THEY WILL. BUT WITH THIS RESOLUTION I

WANTED TO JUST PAUSE BECAUSE ON JUNE 27TH, I WANT TO ENCOURAGE ALL

NEW YORK WOMEN TO BREASTFEED THEIR -- THEIR BABIES IN PUBLIC. AND

THAT'S BECAUSE THE CONCEPT OF NORMALIZING BREASTFEEDING HAS BEEN

AROUND SINCE THE '70S. IT STARTED WITH GROUPS LIKE LA LECHE LEAGUE.

AND WE REACHED A MILESTONE THAT BREASTFEEDING IN PUBLIC IS NOW

PROTECTED IN ALL 50 STATES IN OUR COUNTRY. AND SO I JUST WANTED TO PAUSE

AND ALSO ACKNOWLEDGE VANESSA SIMMONS, AS SHE IS THE FOUNDER OF THE

NORMALIZING BREASTFEEDING MOVEMENT. AND THAT'S BECAUSE IN 2014 SHE

FELT COMPELLED TO ORGANIZE WOMEN BECAUSE SHE WAS DISCRIMINATED IN

PUBLIC WHILE SHE WAS BREASTFEEDING HER CHILD. AND SO, YOU KNOW, SHE

WANTED TO ENCOURAGE WOMEN AND ENCOURAGE THEM TO SHARE THEIR STORIES,

TO EMPOWER THEM AND TO REALLY ASK QUESTIONS AND GET SUPPORT. AND SO

WITH THIS MOVEMENT, WE WANT TO EMPOWER FAMILIES AND MEMBERS OF THE

INFANT FEEDING COMMUNITY TO CONNECT AND BUILD LOCALLY. SO TO ALL THE

WOMEN, I ENCOURAGE YOU TO NURSE YOUR BABY WHENEVER AND WHEREVER

YOU WANT, AND TAKE A STAND AGAINST THE TABOO THAT EXISTS IN OUR MODERN

SOCIETY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

SOLAGES.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 621, MS.

RICHARDSON.

NYS ASSEMBLY JUNE 19, 2019

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JUNE 2019, AS GUN VIOLENCE

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION,

MS. RICHARDSON.

MS. RICHARDSON: THANK YOU, MR. SPEAKER. THIS

IS A VERY IMPORTANT RESOLUTION NOT ONLY FOR THE 43RD ASSEMBLY DISTRICT,

BUT FOR THE ENTIRE STATE OF NEW YORK AS WE CALL ON GOVERNOR CUOMO TO

MEMORIALIZE JUNE AS NATIONAL GUN VIOLENCE MONTH. AS WE KNOW,

WHEN THE SUMMER MONTHS DO COME WE SEE AN UPTICK IN VIOLENCE IN OUR

COMMUNITIES, PARTICULARLY COMMUNITIES OF COLOR. AND SO WE ARE TRYING

TO PROMOTE HEALING, COMMUNITY UNITY AND OUR STRENGTH. WE ARE MORE

ALIKE THAN WE HAVE DIFFERENCES. WE NEED TO PUT DOWN THE GUNS, FIND

PEACE, ARM PEOPLE WITH RESOURCES, AND LET'S -- LET'S LIVE OUR LIVES

TOGETHER AND SAFELY.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

RICHARDSON.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 622, MR.

DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER 9, 2019, AS EMERGENCY

NURSES DAY AND OCTOBER 6-12, 2019, AS EMERGENCY NURSES WEEK IN

NYS ASSEMBLY JUNE 19, 2019

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. DESTEFANO ON

THE RESOLUTION.

MR. DESTEFANO: THANK YOU, MR. SPEAKER. AS

THE FATHER OF A NURSE MYSELF, I WOULD LIKE TO RISE TO HONOR THE MORE THAN

100,000 EMERGENCY NURSES NATIONWIDE THAT ACT ON THE FIRST LINE IN

PATIENT CARE IN EMERGENCY ROOM DEPARTMENTS. THEY HAVE CONTINUED TO

GROW IN NUMBER AND GAIN RESPECT THROUGH OUR NATION. THEY SELFLESSLY

DEDICATE LARGE PORTIONS OF THEIR LIVES THROUGH CARING FOR AND COMFORTING

THOSE WHO NEED HELP THE MOST. ON A DAILY BASIS, THE CHALLENGES OF

VERBAL AND PHYSICAL ABUSE, PATIENT ADVERSE -- ADVERSITY AND HARDSHIP

DOES NOT STOP THEM FROM GETTING OUT OF BED THE NEXT DAY AND DOING IT

ALL OVER AGAIN. THEY CONTINUALLY DEMONSTRATE THEIR PROFESSIONALISM

AND STRIVE TO IMPROVE PATIENT CARE. THEY EDUCATE THE PUBLIC IN THE

PREVENTION AND TREATMENT OF INJURY AND ILLNESS AND THE PROPER USE OF

EMERGENCY SERVICES. I URGE ALL OF YOU IN JOINING ME IN CELEBRATING THE

DEDICATION AND PROFESSIONALISM. AND TO ALL THOSE WHO ARE EITHER

PARENTS, BROTHERS, SISTERS, HUSBANDS, WIVES OF PEOPLE THAT ARE IN THE

NURSING PROFESSION, I COMMEND YOU AND I KNOW WHAT YOU GO THROUGH

BECAUSE I WORRY ABOUT MY DAUGHTER EVERY SINGLE DAY THAT SHE GOES TO

WORK.

SO THANK YOU, AND THANK YOU FOR ACCEPTING THIS

RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

NYS ASSEMBLY JUNE 19, 2019

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 623, MS.

JAFFEE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM OCTOBER 21-25, 2019, AS WALK WITH

ME WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. JAFFEE ON THE

RESOLUTION.

MS. JAFFEE: THANK YOU, MR. SPEAKER. THIS

INITIATIVE CREATED TO FACE -- TO ACTUALLY GIVE FACE TO DOMESTIC VIOLENCE.

WALK WITH ME WEEK WILL TAKE PLACE OCTOBER 21ST THROUGH THE 25TH,

2019, SIMULTANEOUSLY ON COLLEGE CAMPUSES ACROSS NEW YORK. FOR THE

EVENT, A SILENT PROCESSION OF COLLEGE STUDENTS SYMBOLIZING VICTIMS OF

DOMESTIC VIOLENCE WILL WALK TO BRING STUDENTS FACE-TO-FACE WITH THE

REALITY OF DOMESTIC VIOLENCE. AND DOMESTIC VIOLENCE, ALSO KNOWN AS

PARTNER ABUSE, INTIMATE PARTNER VIOLENCE OR BATTERY IS A WIDESPREAD

PROBLEM THAT OCCURS WHEN ONE PERSON INFLICTS EITHER EMOTIONAL,

PHYSICAL, PSYCHOLOGICAL INJURY TO CONTROL ANOTHER PERSON THAT THEY HAVE

OR HAD A RELATIONSHIP WITH. RESEARCHERS REPORT THAT CHILDREN WITH

DOMESTIC VIOLENCE -- WHO -- WHO WITNESS DOMESTIC VIOLENCE ARE AT A

GREATER RISK OF DEVELOPING PSYCHIATRIC DISORDERS, DEVELOPMENTAL

PROBLEMS, SCHOOL FAILURE, VIOLENCE AGAINST OTHERS AND LOW SELF-ESTEEM.

AS A FORMER EDUCATOR, I CAN TELL YOU, UNFORTUNATELY, I'VE HAD TO SEE TOO

MANY OF OUR YOUTH IMPACTED WITH THIS KIND OF ISSUE. RESEARCHERS

REPORT THAT CHILDREN WHO WITNESS DOMESTIC VIOLENCE ARE GREATER RISK, SO

NYS ASSEMBLY JUNE 19, 2019

MUCH GREATER RISK OF PSYCHIATRIC DISORDERS AND THE LOWER SELF-ESTEEM.

SO, THE PROLIFERATION OF DOMESTIC VIOLENCE IN COMMUNITIES ACROSS NEW

YORK STATE CAN BE COMBATTED IN PART BY RAISING SOCIETY'S AWARENESS AND

-- AND SENSITIVITY TO THIS PREVALENT AND FAR-REACHING ISSUE. AND SO,

WALK WITH ME IS ONE WAY TO MOBILIZE FUTURE GENERATIONS TO GET

INVOLVED AND CREATE MOVEMENT AGAINST DOMESTIC VIOLENCE WITH

SIMULTANEOUSLY LETTING PEOPLE KNOW THAT THEY ARE NOT ALONE AND HAVE A

RIGHT TO BE SAFE.

SO THIS -- WE PAUSE IN OUR DELIBERATIONS TO

MEMORIALIZE GOVERNOR CUOMO TO PROCLAIM OCTOBER 21ST THROUGH THE

25TH AS WALK WITH ME WEEK IN THE STATE OF NEW YORK. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 624, MS.

JEAN-PIERRE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM NOVEMBER 3-9, 2019, AS VETERAN'S

AWARENESS 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

NYS ASSEMBLY JUNE 19, 2019

SPEAKER. WE'RE GOING TO GO NOW TO OUR MAIN CALENDAR, RULES REPORT

NO. 431 ON PAGE 17 BY MR. DINOWITZ.

ACTING SPEAKER AUBRY: RULES REPORT NO.

431, PAGE 16, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08189, RULES REPORT

NO. 431, DINOWITZ. AN ACT TO AMEND CHAPTER 164 OF THE LAWS OF

2017, RELATING TO TERMS AND CONDITIONS OF EMPLOYMENT OF CERTAIN

NONJUDICIAL OFFICERS AND EMPLOYEES OF THE UNIFIED COURT SYSTEM AND

CHAPTER 400 OF THE LAWS OF 2014, RELATING TO TERMS AND CONDITIONS OF

EMPLOYMENT OF CERTAIN NONJUDICIAL OFFICERS AND EMPLOYEES OF THE

UNIFIED COURT SYSTEM, IN RELATION TO RATES OF PAY ON AND AFTER APRIL 1,

2020; AND TO ESTABLISH CERTAIN CONDITIONS RELATING TO SALARY AND

COMPENSATION INCREASES FOR CERTAIN NONJUDICIAL OFFICERS AND EMPLOYEES

OF THE UNIFIED COURT SYSTEM.

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.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THIS IS OUR FIRST VOTE OF

THE DAY, COLLEAGUES. SO, MR. SPEAKER, IF YOU COULD REMIND FOLKS WHO

ARE IN AND AROUND THE CHAMBERS [SIC] TO PLEASE COME IN, CAST YOUR VOTE.

THE SOONER WE DO THIS, THE MORE EFFICIENT WE'LL BE AND WE'LL GET A LOT

MORE IN TODAY.

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: CERTAINLY, MRS.

PEOPLES-STOKES. FIRST VOTE OF THE DAY. MEMBERS WHO ARE IN YOUR

SEATS, PLEASE VOTE IMMEDIATELY. THOSE WHO ARE OUTSIDE OF THE CHAMBER

BUT HEAR OUR VOICES, PLEASE COME TO THE VOTE -- FLOOR AND VOTE.

REMEMBER, THE FASTER WE VOTE, THE QUICKER WE GET AWAY. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08225, RULES REPORT

NO. 432, LIFTON. AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF

TOMPKINS COUNTY TO CONTRACT WITH CERTAIN ENTITIES FOR THE DEVELOPMENT,

MAINTENANCE, OR MANAGEMENT OF AFFORDABLE HOUSING.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

LIFTON, 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.

THE CLERK: ASSEMBLY NO. A08227-B, RULES

REPORT NO. 433, TAYLOR. AN ACT TO AMEND THE ELECTION LAW, IN RELATION

NYS ASSEMBLY JUNE 19, 2019

TO PARTY COMMITTEE MEETING AND ORGANIZATION REQUIREMENTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08228-B, RULES

REPORT NO. 434, JACOBSON, BURKE. AN ACT TO AMEND THE ELECTION LAW,

IN RELATION TO CHANGE OF ENROLLMENT BY PREVIOUSLY REGISTERED VOTERS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08256, RULES REPORT

NO. 435, GOTTFRIED, GRIFFIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW,

IN RELATION TO CONSIDERATION AND PRESCRIPTION OF NON-OPIOID TREATMENT

ALTERNATIVES FOR TREATMENT OF NEUROMUSCULOSKELETAL CONDITIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08279, RULES REPORT

NO. 436, QUART. AN ACT TO AMEND CHAPTER 538 OF THE LAWS OF 2013

AMENDING THE TAX LAW RELATING TO THE ESTATE TAX TREATMENT OF

DISPOSITIONS TO SURVIVING SPOUSES WHO ARE NOT UNITED STATES CITIZENS, IN

RELATION TO EXTENDING THE EXPIRATION OF THE PROVISIONS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

QUART, 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.

NYS ASSEMBLY JUNE 19, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08282, RULES REPORT

NO. 437, ABBATE, GRIFFIN, MALLIOTAKIS. AN ACT TO AMEND THE MILITARY

LAW, IN RELATION TO AGE REQUIREMENTS APPLICABLE TO APPOINTMENTS OR

PROMOTIONS OF PUBLIC EMPLOYEES IN CITIES WITH A POPULATION OF ONE

MILLION OR MORE WHO HAVE BEEN ABSENT ON MILITARY DUTY.

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.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00117-A, RULES

REPORT NO. 438, BUCHWALD. AN ACT TO AMEND THE GENERAL BUSINESS

LAW, IN RELATION TO PROHIBITING TELEMARKETERS FROM KNOWINGLY PLACING

UNSOLICITED TELEMARKETING SALES CALLS DURING A STATE OR EMERGENCY OR

DISASTER EMERGENCY.

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.)

NYS ASSEMBLY JUNE 19, 2019

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY -- ASSEMBLY NO. A00129,

RULES REPORT NO. 439, CAHILL, ORTIZ, L. ROSENTHAL, GOTTFRIED. AN ACT

TO AMEND THE GENERAL MUNICIPAL LAW AND THE TAX LAW, IN RELATION TO

COMMUNITY PRESERVATION FUNDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CAHILL, 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.

THE CLERK: ASSEMBLY NO. A00492, RULES REPORT

NO. 440, LIFTON, STIRPE, HUNTER. AN ACT TO AMEND THE INSURANCE LAW,

IN RELATION TO POLICIES OR CONTRACTS WHICH ARE NOT INCLUDED IN THE

DEFINITION OF STUDENT ACCIDENT AND HEALTH INSURANCE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

NYS ASSEMBLY JUNE 19, 2019

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.

THE CLERK: ASSEMBLY NO. A01503, RULES REPORT

NO. 441, VANEL, GALEF, CAHILL, BARRON, PICHARDO, MONTESANO, BLAKE,

RIVERA, RA. AN ACT DIRECTING THE STUDY OF THE FUTURE IMPLEMENTATION OF

THE FIFTH AND FUTURE GENERATION WIRELESS NETWORK SYSTEM TECHNOLOGY IN

THE STATE.

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.)

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, IF WE

COULD NOW GO TO RULES REPORT NO. 579 ON PAGE 47 BY MS. NOLAN ON

DEBATE.

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08419, RULES REPORT

NO. 579, NOLAN, BRONSON, D'URSO, LIFTON, MOSLEY, REYES, COLTON,

SAYEGH, PERRY, SIMON, RODRIGUEZ, CRUZ, GLICK, DINOWITZ, EPSTEIN,

ENGLEBRIGHT, GOTTFRIED, GRIFFIN, JAFFEE, FALL, DE LA ROSA, PRETLOW,

JEAN-PIERRE, ABINANTI, ARROYO, ORTIZ, AUBRY, CRESPO, DESTEFANO,

O'DONNELL, BLAKE, HEVESI, COOK, RIVERA, WILLIAMS, WRIGHT,

RICHARDSON, STECK, FERNANDEZ, L. ROSENTHAL, HYNDMAN, CAHILL,

WEPRIN, BENEDETTO, SIMOTAS, CARROLL, M.G. MILLER, D. ROSENTHAL,

NIOU, DENDEKKER, LAVINE, BARRON, RAMOS, SEAWRIGHT, BARNWELL,

RAYNOR, OTIS. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO GRANTING

COLLECTIVE BARGAINING RIGHTS TO FARM LABORERS AND ALLOWING FARM

LABORERS ONE DAY OF REST EACH WEEK AND INCLUDING FARM LABORERS WITHIN

THE PROVISIONS PERTAINING TO OVERTIME COMPENSATION AND

UNEMPLOYMENT INSURANCE; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

TO THE APPLICATION OF THE SANITARY CODE TO ALL FARM AND FOOD PROCESSING

LABOR CAMPS FOR MIGRANT WORKERS; TO AMEND THE WORKERS'

COMPENSATION LAW, IN RELATION TO THE ELIGIBILITY OF FARM LABORERS FOR

WORKERS' COMPENSATION BENEFITS AND THE PROVISION OF CLAIM FORMS TO

FARM LABORERS INJURED IN THE COURSE OF EMPLOYMENT AND IN RELATION TO

SERVICE AS FARM LABORERS; TO AMEND THE LABOR LAW, IN RELATION TO LABOR

ON A FARM AND REGULATING THE EMPLOYMENT OF CERTAIN EMPLOYEES WHOSE

EARNING CAPACITY IS AFFECTED OR IMPAIRED BY YOUTH OR AGE; AND TO AMEND

THE LABOR LAW, IN RELATION TO UNFAIR LABOR PRACTICES, IMPASSE RESOLUTION

PROCEDURES AND THE CONVENING OF A FARM LABORERS WAGE BOARD.

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: WE ARE ON DEBATE,

LADIES AND GENTLEMEN. I WOULD APPRECIATE YOUR SILENCE AND YOUR

COOPERATION. CONVERSATIONS ON THE BACK NEED TO BE TAKEN OUTSIDE OF

THE CHAMBER. MEMBERS SHOULD HAVE THEIR SEATS.

MS. NOLAN, PROCEED.

MS. NOLAN: THANK YOU, MR. SPEAKER AND MY

COLLEAGUES. TODAY WHEN THIS BILL PASSES THE NEW YORK STATE

ASSEMBLY, AS I BELIEVE THAT IT WILL, WE HERE IN NEW YORK STATE WILL

HAVE FINALLY ADDRESSED A WRONG THAT HAS EXISTED IN OUR STATE FOR MANY,

MANY YEARS. AT A TIME OF GREAT POLARIZATION IN OUR COUNTRY, WE, IN NEW

YORK STATE, HAVE DECIDED TO SAY WE ARE MOVING UP. WE ARE WRITING

WRONGS. WE ARE FIXING WHAT NEEDS TO BE FIXED ON BEHALF OF THE

WORKERS OF OUR GREAT STATE. THIS BILL, ASSEMBLY BILL NO. 8419, WITH A

MAJORITY SPONSOR IN THE SENATE AND A PROGRAM BILL FROM THE GOVERNOR,

WILL ESTABLISH THE FARM WORKERS FAIR LABOR PRACTICES ACT. IT WILL GRANT

FARM WORKERS OVERTIME, A DAY OF REST, DISABILITY INSURANCE,

UNEMPLOYMENT BENEFITS AND OTHER LABOR PROTECTIONS GRANTED TO OTHER

WORKERS IN OUR STATE FOR OVER 80 YEARS. MOST IMPORTANTLY, IT WILL GRANT

COLLECTIVE BARGAINING RIGHTS TO FARM LABORERS. THERE'S MANY, MANY

PROVISIONS OF THE BILL, AND I CERTAINLY WOULD BE HAPPY TO ENUMERATE

THEM ALL. BUT I KNOW THAT THERE WILL BE QUESTIONS, AND SO I JUST WANT

THAT TO BE A BASIC OVERVIEW AND WILL BE HAPPY TO DO WHAT WE CAN. WE

HAVE A WONDERFUL TEAM TO ANSWER QUESTIONS AND HELP ME. AND I JUST

WANT TO THANK OUR COLLEAGUE, MR. BRONSON, WHO THE VERY FIRST TIME WE

PUT THIS BILL ON THE FLOOR WAS OUR COUNSEL AT THAT TIME. SO WE EVEN

NYS ASSEMBLY JUNE 19, 2019

HAVE BACKUP IF WE NEED A LITTLE EXTRA SUPPORT.

AND AGAIN, THANK YOU TO SPEAKER HEASTIE, TO LEADER

ANDREA STEWART-COUSINS AND TO GOVERNOR CUOMO FOR PUTTING THIS BILL

TOGETHER AND OUR WONDERFUL STAFF, WHICH HAS WORKED SO HARD TO STRIKE

THE RIGHT BALANCE BETWEEN SUPPORT FOR THE FARM INDUSTRY OF OUR STATE

AND THE FARM OWNERS OF OUR STATE, AND YES, THE WORKERS, THE FARM

WORKERS OF OUR GREAT STATE.

ACTING SPEAKER AUBRY: MR. BLANKENBUSH.

MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. NOLAN, WILL YOU

YIELD?

MS. NOLAN: YES.

ACTING SPEAKER AUBRY: MS. NOLAN YIELDS.

MR. BLANKENBUSH: I -- IF I REMEMBER CORRECTLY,

THE LAST TIME WE DEBATED THIS BILL, THIS IS NOT THE EXACT SAME BILL AS YOU

PROPOSED. THERE'S BEEN CHANGES.

MS. NOLAN: YES, THERE HAVE, MR. SPEAKER.

CHANGES THAT REFLECT THE INPUT OF THE FARM BUREAU AND THE RESULT OF THE

FEEDBACK THAT WE GOT. WE PARTICIPATED IN HEARINGS THAT THE SENATE

ORGANIZED, AND OF COURSE, OUR DOOR HAS ALWAYS BEEN OPEN TO

SUGGESTIONS AND WE'VE HEARD FROM MANY STAKEHOLDERS IN THIS DEBATE.

MR. BLANKENBUSH: GOING BACK TO THAT ORIGINAL

DEBATE, ONE OF THE -- ONE OF YOUR COMMENTS DURING THAT DEBATE, IF I

REMEMBER CORRECTLY, WAS THAT YOU HAD SEVERAL WORKERS COME TO YOU

NYS ASSEMBLY JUNE 19, 2019

AND TALK TO YOU ABOUT CONDITIONS ON FARMS, AND THAT WAS ONE OF THE

REASONS WHY YOU BROUGHT FORWARD A BILL LIKE THIS ONE. MY QUESTION IS

SINCE THE LAST TIME WE DEBATED ON THIS BILL, HAS THERE BEEN MORE

LABORERS, WORKERS COME TO YOU AND TALK TO YOU ABOUT THIS BILL?

MS. NOLAN: YES, MR. SPEAKER.

MR. BLANKENBUSH: NOW, WHEN THEY CAME TO

TALK TO YOU ABOUT CONDITIONS ON THEIR OWN INDIVIDUAL FARMS, IS THAT

CORRECT?

MS. NOLAN: I WOULD NOT CHARACTERIZE IT THAT WAY,

MR. SPEAKER. WE SAT AND LISTENED AT A HEARING OUT IN SUFFOLK COUNTY,

FOR EXAMPLE, IF THE GENTLEMAN WOULD LIKE AN EXAMPLE, WHERE A VERY

DISTINGUISHED OLDER GENTLEMAN SPOKE OUT AS A RETIRED FARM WORKER AND

SAID THAT HE LOVED HIS JOB, HE LOVED WORKING THE LAND. BUT HE ALSO

RECOGNIZED THAT HE HAD INJURED HIS HEALTH OVER THE MANY YEARS THAT HE

HAD WORKED 60 AND 65 HOURS A WEEK AT A VERY PHYSICALLY-CHALLENGING

JOB. AND TWO YEARS AGO, IN HIS BEST YEAR - AND THIS IS IN SUFFOLK WHERE

THERE IS A HIGHER MINIMUM WAGE - HE MADE $28,000. SO I WOULD LIKE

TO CHALLENGE COLLEAGUES HERE AND REMIND COLLEAGUES, I DON'T KNOW WHAT

ANY OF US COULD DO ON $28,000 A YEAR, BUT THAT'S A PRETTY LOW WAGE FOR

EXTREMELY DEMANDING PHYSICAL WORK. AND HE WAS THERE AS A SORT OF A

RETIREE, IN A SENSE, TO SPEAK OUT SO THAT OTHERS WOULD NOT HAVE TO ENDURE

WHAT HE ENDURED, EVEN WITH A JOB THAT HE LOVED. AND, YES, A FARM

EMPLOYER THAT HE RESPECTED AND FELT HAD TREATED HIM REASONABLY FAIRLY.

BUT OBVIOUSLY, IF HE HAD A UNION OR HE HAD MORE PROTECTIONS UNDER

NEW YORK STATE'S LAW, HE WOULD HAVE BEEN IN A BETTER CIRCUMSTANCE.

NYS ASSEMBLY JUNE 19, 2019

MR. BLANKENBUSH: SO THEN MOST OF THE

COMPLAINTS THAT YOU'VE HEARD WAS WAGES?

MS. NOLAN: I WOULDN'T CALL THEM COMPLAINTS, MR.

SPEAKER. I WOULD CALL THEM PEOPLE SPEAKING OUT, ASKING FOR BETTER

WORKING CONDITIONS, BETTER WAGES, YES, OF COURSE, OVERTIME AND VERY

MUCH THE DAY OF REST. IT WAS VERY POIGNANT TO HEAR PEOPLE OVER ALL THE

YEARS I'VE BEEN INVOLVED WITH THIS BILL, TALK ABOUT HOW THEY WOULD LIKE

TO BE ABLE TO ATTEND A CHURCH SERVICE, PERHAPS A CHILD'S GRADUATION, AND

HOW THEY OFTEN WERE NOT ABLE TO DO THAT BECAUSE THEY WERE NOT

GUARANTEED A DAY OF REST. THIS BILL GUARANTEES A DAY OF REST. IT HAS

FLEXIBILITY. AND I WANT TO REMIND MY COLLEAGUES AND THANK THE

GENTLEMAN FOR REMINDING ME. THIS IS NOT THE BILL THAT THE ASSEMBLY

HAS PASSED ON THREE SEPARATE OCCASIONS IN THIS HOUSE OVER 20 YEARS.

THIS IS A BILL THAT HAS TRIED TO REFLECT THE CONCERNS OF THE FARM BUREAU

AND THE FARM INDUSTRY. AND I WANT TO PARTICULARLY THANK -- I MENTIONED

MR. BRONSON, I WANT TO PARTICULARLY THANK ASSEMBLYWOMAN LUPARDO,

THE AGRICULTURE COMMITTEE CHAIR, AND OTHER COLLEAGUES ON BOTH SIDES

OF THE AISLE WHO BROUGHT FORTH MANY OF THE CONCERNS OF THE FARM

INDUSTRY AND FARM OWNERS, AND WE DID TRY TO REFLECT THOSE CONCERNS IN

THE BILL.

MR. BLANKENBUSH: OKAY. SO LET'S -- LET'S TALK

ABOUT THE BILL. LET'S -- LET'S TALK FIRST OF ALL ABOUT THE WAGE BOARD. WHO

APPOINTS THE WAGE BOARD?

MS. NOLAN: I'M SORRY, MR. SPEAKER.

MR. BLANKENBUSH: WHO APPOINTS THE WAGE

NYS ASSEMBLY JUNE 19, 2019

BOARD?

MS. NOLAN: THE WAGE BOARD, WHICH IS A -- A

PROCESS THAT HAS BEEN USED SEVERAL TIMES, MANY TIMES IN OUR STATE'S

HISTORY, WOULD HAVE A -- THE COMMISSIONER OF LABOR WILL CONVENE A

WAGE BOARD. IT WILL HOLD HEARINGS. IT WILL PROVIDE RECOMMENDATIONS

ON OVERTIME WORK. THE WAGE BOARD WOULD BE COMPRISED -- AS MOST

WAGE -- AS ALL WAGE BOARDS ARE IN OUR STATE -- OF A REPRESENTATIVE OF

THREE MEMBERS. IN THIS INSTANCE, ONE WOULD BE A REPRESENTATIVE OF THE

FARM BUREAU, ONE WOULD BE A REPRESENTATIVE OF THE STATE AFL-CIO,

AND ONE WOULD BE A MEMBER OF THE GENERAL PUBLIC APPOINTED BY THE

LABOR COMMISSIONER.

MR. BLANKENBUSH: SO WHAT ARE THE POWERS OF

THAT WAGE BOARD? WHAT'S THEIR -- WHAT'S THEIR JOB? WHAT -- WHAT ARE

THEY GOING TO DO?

MS. NOLAN: I WANT TO MAKE SURE I GET THIS JUST SO.

WITHIN 45 DAYS OF THE APPOINTMENT OF A WAGE BOARD -- BY THE WAY, A

QUORUM IS TWO-THIRDS OF THE MEMBERS. THE BOARD, AS I SAID, WOULD

CONDUCT HEARINGS. THE FIRST HEARING MUST TAKE PLACE NO LATER THAN

MARCH 1, 2020. THEY WOULD HAVE TO MAKE A REPORT TO THE GOVERNOR

AND THE LEGISLATURE WITH RECOMMENDATIONS ON OVERTIME NO LATER THAN

DECEMBER 31, 2020. THE BOARD MAY, INDEED, RECOMMEND LOWER

OVERTIME THRESHOLDS. I WANT TO REMIND COLLEAGUES THAT THIS BILL IS

DIFFERENT IN A VERY SIGNIFICANT WAY, AND IN THE SPIRIT OF COMPROMISE -

CERTAINLY NOT MY FIRST CHOICE, RIGHT - 40 HOURS IS THE THRESHOLD FOR

OVERTIME FOR ALMOST EVERY OTHER INDUSTRIAL WORKER IN OUR STATE, RIGHT?

NYS ASSEMBLY JUNE 19, 2019

EVERYONE KNOWS THE 40-HOUR WORK WEEK. WELL, NEWS FLASH. FARM

LABORERS HAVE NOT EVER HAD THE 40-HOUR WORK WEEK. EVER. THEY WERE

DENIED THOSE PROTECTIONS IN THE 1930S WHEN WE PASSED -- WHEN THE

FEDERAL GOVERNMENT PASSED THE NATIONAL LABOR RELATIONS ACT, AND THEY

HAVE BEEN DENIED THOSE PROTECTIONS EVER SINCE. AFTER MUCH

CONSULTATION WITH MEMBERS, WITH LISTENING TO PEOPLE, WE HAVE AGREED

HERE, MYSELF AND -- AND THOSE OF US WHO WOULD HAVE PREFERRED THE 40

HOURS, WE HAVE AGREED TO ACCEPT A 60-HOUR TRIGGER FOR OVERTIME. AND I

WANT MEMBERS TO KNOW THAT, YOU KNOW, WE ALL HAVE THOSE HOURS WHERE

WE SOUL SEARCH. HAVE WE -- HAVE WE OVER-COMPROMISED? HAVE WE

MADE BAD JUDGMENT CAUSED BY THE EXCITEMENT OF GETTING THE DEAL, AS

MY COLLEAGUE DICK GOTTFRIED SAID ONCE MANY YEARS AGO. I HOPE AND

PRAY WE HAVE NOT HERE. I ACCEPTED THE 60-HOUR TRIGGER BECAUSE I

BELIEVE IN THE GOOD FAITH NEGOTIATIONS OF THE FARM BUREAU, AND I

BELIEVED MY COLLEAGUES FROM MORE RURAL PARTS OF THE STATE WHO FELT THAT

40 HOURS WOULD BE IMPOSSIBLE TO IMPLEMENT. I WANT TO -- AT LEAST AT

THIS TIME. I WANT TO REMIND MY COLLEAGUES, HOWEVER, THAT TEN STATES DO

HAVE COLLECTIVE BARGAINING RIGHTS FOR FARM WORKERS, AND OUR FRIENDS IN

THE GREAT STATE OF CALIFORNIA HAVE, INDEED, LAST YEAR ADOPTED A BILL THAT

WILL GET THEM TO 40 HOURS OVERTIME FOR FARM WORKERS BY, I THINK IT'S

2022. SO IT IS HOPEFUL THAT AT SOME POINT IN THE FUTURE WE WILL HAVE A

BETTER OVERTIME TRIGGER FOR FARM LABORERS. BUT IN THE SPIRIT OF

COMPROMISE AND THE SPIRIT OF UNDERSTANDING THE NEEDS OF THE FARM

COMMUNITY, WE HAVE A 60-HOUR TRIGGER IN THIS BILL. AND AGAIN, I HOPE

AND PRAY THAT IN THE -- IN THE EFFORT TO GET SOMETHING DONE, WE HAVEN'T

NYS ASSEMBLY JUNE 19, 2019

GONE TOO FAR ON THE EMPLOYER SIDE. I KNOW FOR SOME OF YOU, YOU MAY

NOT WANT TO BELIEVE THAT. BUT AS THE DAUGHTER OF A SHOP STEWARD,

BELIEVE ME, I CAN HEAR MY FATHER'S VOICE IN MY EAR, AND I ONLY HOPE AND

PRAY THAT WE'VE DONE THE REASONABLE THING, THE RIGHT THING. AND YES,

INDEED, A 60-HOUR TRIGGER IS A VERY LONG WORK WEEK, BUT WE ARE GOING

TO DO THAT IN THIS BILL.

MR. BLANKENBUSH: IS IT NOT TRUE THAT ON JANUARY

1ST, 45 DAYS AFTER JANUARY 1ST THAT THE WAGE BOARD CAN CHANGE THE 60

HOURS, CAN DROP IT BACK DOWN TO 40?

MS. NOLAN: NO.

MR. BLANKENBUSH: THAT'S NOT THE WAY I READ THE

BILL. HOW -- IT SAYS THAT IT COULD CONVENE, IT COULD HAVE PUBLIC

HEARINGS, AND IT COULD ADJUST WAGES AND -- AND THE 60 HOURS A WEEK IS

NOT A GUARANTEE IN THIS BILL. IT'S ONLY A "TRIGGER" LIKE YOU SAID. SO MY

UNDERSTANDING IS THAT 45 DAYS AFTER JANUARY 1ST, THAT -- THAT THIS WAGE

BOARD CAN MEET, AND THAT IS ONE OF THE THINGS THAT THEY CAN CHANGE.

MS. NOLAN: THE BILL REQUIRES THE WAGE BOARD TO

MAKE A REPORT. THEY COULD RECOMMEND THRESHOLDS, BUT THAT'S NOT UNTIL

DECEMBER 31, 2020.

MR. BLANKENBUSH: WELL, THAT'S NOT EXACTLY WHAT

I AM -- I'M SEEING -- I'M SEEING MARCH 1ST OF 2020. I DON'T KNOW -- I

DON'T KNOW WHAT THE DIFFERENCE IS. BUT LET'S GO ON.

MS. NOLAN: IF I COULD JUST ANSWER THE QUESTION.

MR. BLANKENBUSH: THE WAY -- MR. SPEAKER, THE

NYS ASSEMBLY JUNE 19, 2019

MS. NOLAN: IF I COULD JUST ANSWER THE GENTLEMAN'S

QUESTION, THAT'S NOT OUR READING OF THE BILL. THAT'S JUST THE FIRST MEETING.

THAT'S NOT A DECISIVE ACTION THAT WOULD AFFECT THE THRESHOLD OR THE

TRIGGER.

MR. BLANKENBUSH: OKAY. SO THAT DOESN'T MEAN

IT CAN'T DO IT, THOUGH. WHERE DOES IT SAY IT CAN'T DO THAT?

MS. NOLAN: IT RECOMMENDS A REPORT.

MR. BLANKENBUSH: OKAY. BUT -- AND BY THE

WAY, MR. SPEAKER, 1 -- LESS THAN 1 PERCENT OF THE FARM LABORERS IN

CALIFORNIA ARE PART OF THE UNION, JUST TO CLARIFY THAT STATEMENT A LITTLE BIT.

LET'S TALK ABOUT THE 60 HOURS NOW. MY UNDERSTANDING

IS THAT -- AND I KNOW MOST OF THE FARMERS IN MY DISTRICT ALREADY HAVE A

DAY OFF, SO I -- I DON'T KNOW WHETHER PARTS OF THE STATE ARE DIFFERENT

THAN WHERE I GREW UP AND WHERE I LIVE, BUT I -- I THINK EVERY FARM THAT I

KNOW OF IN MY DISTRICT HAS A DAY OFF. SO THIS IS NOT -- THIS ISN'T GOING TO

AFFECT THEM THAT MUCH BECAUSE WE ALREADY HAVE THAT DAY OFF. BUT WHAT

MY UNDERSTANDING IS, THOUGH, IF THERE'S BAD WEATHER AND THEY CAN'T

WORK, LET'S SAY, MONDAY, TUESDAY, WEDNESDAY THEY CAN'T GET IN THE

FIELDS, THEY CAN'T WORK. SO THURSDAY, FRIDAY, SATURDAY AND THEN

SUNDAY'S THEIR DAY OF REST, JUST FOR OUR DISCUSSION RIGHT NOW. THE -- THE

WAY I UNDERSTAND IT AND THE WAY THIS BILL IS WRITTEN IS THAT THE FARMER

COULD WORK THESE PEOPLE THOSE THREE DAYS FOR 60 HOURS. THAT EQUALS

20-HOUR A DAY WEEK. I MEAN, I KNOW THEY WEREN'T GOING TO DO THAT, BUT

ISN'T THAT THE WAY THIS BILL IS WRITTEN?

MS. NOLAN: LET ME JUST CLARIFY FOR THE COLLEAGUES

NYS ASSEMBLY JUNE 19, 2019

AND FOR THE QUESTION. THE BILL WOULD REQUIRE THAT EVERY FARM LABORER BE

ALLOWED AT LEAST 24 CONSECUTIVE HOURS OF REST IN EACH AND EVERY

CALENDAR WEEK. THEY CAN, OF COURSE, OFFER, IF ASKED TO WORK THAT AND IF

THEY DO WORK THAT THEY ARE COMPENSATED FOR IT, AGAIN, AT A LESSER

STANDARD THAN, SAY, MY FATHER WAS AT THE PHONE COMPANY. IT WILL BE THE

SAME STANDARD WE USE FOR DOMESTIC WORKERS. SO WE -- IT'S

TIME-AND-A-HALF. IT'S GIVING A LITTLE MORE, BUT NOT AS MUCH AS PEOPLE

HAVE IN SOME OF THE BIG MUSCULAR INDUSTRIAL INDUSTRIES OF OUR STATE.

BUT IT DOES HAVE A PROVISION, AGAIN, IN THE SPIRIT OF COMPROMISE AND IN

THE SPIRIT OF SUPPORTING THIS IMPORTANT INDUSTRY AND RECOGNIZING THAT,

YES, INDEED, THERE ARE MANY MAGNIFICENT EMPLOYERS IN THE STATE WHO,

INDEED, HAVE TREATED THEIR WORKERS WELL. BUT EMPLOYERS CAN TAKE INTO

ACCOUNT 24 CONSECUTIVE HOURS OF REST CAUSED BY CIRCUMSTANCES SUCH AS

WEATHER OR CROP CONDITIONS. AND THEN AS I SAID, IT'S RECOMMENDED IN

THE LAW THAT THE DAY OF REST CAN COINCIDE WHENEVER POSSIBLE WITH THE

TRADITIONAL DAY OF REST RESERVED FOR RELIGIOUS WORSHIP, DEPENDING ON

WHAT GROUP WOULD -- WOULD PRACTICE IF THERE IS A GROUP. BUT THAT'S JUST

A RECOMMENDATION. IT DOES ALLOW, AS I SAID, A VOLUNTARY AGREEMENT TO

GIVE UP THE DAY OF REST, BUT WOULD INCLUDE SOME ADDITIONAL WAGE,

TIME-AND-A-HALF -- AGAIN, NOT THE KIND OF PREMIUM PAY THAT MANY

EMPLOYEES ENJOY IN OTHER INDUSTRIES, BUT IT WOULD GIVE THEM SOMETHING.

AND EMPLOYERS CAN TAKE INTO ACCOUNT DAYS OF REST CAUSED BY

CIRCUMSTANCES SUCH AS WEATHER OR CROP CONDITIONS. SO THAT'S A VERY BIG

CHANGE FROM OUR ORIGINAL BILL. AGAIN, IN THE SPIRIT OF COMPROMISE AND

TRYING TO RESPOND TO THE LEGITIMATE CONCERNS OF WHAT IS -- I WANT TO

NYS ASSEMBLY JUNE 19, 2019

REMIND THE COLLEAGUES -- A MANY-BILLION-DOLLAR INDUSTRY IN OUR STATE.

AGAIN, THIS IS NOT THE IMAGE, PERHAPS, WE HAVE OF OUR YOUTH IN A

TELEVISION SHOW WITH SOMEONE WEARING COVER-ALL AND BEING OUT THERE

WITH TWO OR THREE EMPLOYEES. THIS IS A MAJOR ECONOMIC DRIVER IN OUR

STATE, AND WE RESPECT THAT. BUT WE ALSO KNOW THAT THE EMPLOYEES OF

THAT MAJOR ECONOMIC DRIVER NEED TO HAVE THE BASIC RIGHTS OF ALL

EMPLOYEES. AND SO WE HAVE IN THIS BILL OFFERED THEM THE OPTION TO

HAVE COLLECTIVE BARGAINING AND A SERIES OF OTHER THINGS. AND WITH

RESPECT, WE HAVE TRIED TO RECOGNIZE AND BE SENSITIVE TO THIS IMPORTANT

INDUSTRY AND RESPECT THE GOOD FAITH OF SO MANY OF THE FARM EMPLOYERS

IN OUR STATE.

MR. BLANKENBUSH: THE -- THE DAY OF REST, I

UNDERSTAND, IS THAT IF A FARM WORKER VOLUNTEERS TO WORK, THEY -- HE'LL BE

PAID TIME-AND-A-HALF, CORRECT?

MS. NOLAN: YES.

MR. BLANKENBUSH: EVEN IF HE VOLUNTEERS.

MS. NOLAN: YES.

MR. BLANKENBUSH: OKAY. LET'S GO ON TO THE

DEFINITION OF FARM LABORER. BECAUSE IN MANY FARMS THAT I REPRESENT ARE

FAMILY FARMS. NEWS FLASH, I GUESS -- YOU SAID NEWS FLASH -- MOST OF THE

FARMS ARE NOT CORPORATELY-OWNED FARMS. THEY'RE SMALL FARMS. THEY'RE

FARMS THAT MILK 100 OR LESS CATTLE. WE DON'T -- I DON'T HAVE VERY MANY

BIG CORPORATE FARMS. BUT ON ANY OF THOSE FARMS OR MOST OF THE FARMS

THAT I HAVE, THE DEFINITION THAT I READ IN THIS BILL SAYS "IMMEDIATE

FAMILY." CAN YOU TELL ME WHAT THE IMMEDIATE FAMILY IS? IS IT --

NYS ASSEMBLY JUNE 19, 2019

MS. NOLAN: YES. AGAIN, MR. SPEAKER, WE WANTED

TO MAKE PROVISION FOR THE FAMILY FARM. NO NEWS FLASH, I DIDN'T USE THAT

WORD. I UNDERSTAND, THOUGH, THAT THERE IS SOMETIMES A DIFFERENCE

BETWEEN WHAT WE MIGHT ENVISION IN OUR HEAD IS FARMING AND WHAT IS

THE ACTUALITY OF THIS MULTI-BILLION-DOLLAR INDUSTRY. AND IT IS A

MULTI-BILLION-DOLLAR INDUSTRY. AND -- AND BY THE WAY, I SAY THAT WITH

RESPECT. WE DON'T -- WE WANT TO DO WHAT WE CAN. AND I WOULD REMIND

COLLEAGUES THAT EVERY YEAR WE VOTE FOR HUNDREDS OF THOUSANDS OF

DOLLARS IN VARIOUS SUBSIDIES, MILLIONS OF DOLLARS IN VARIOUS TAX BREAKS.

WE -- OVER MY TIME HERE, WE'VE DONE MANY, MANY THINGS FOR THE FARM

INDUSTRY --

MR. BLANKENBUSH: MR. SPEAKER --

MS. NOLAN: -- AND I GLEEFULLY -- YOU KNOW, HAPPILY

VOTED FOR THEM. LET ME JUST SEE IF I CAN ANSWER THE QUESTION ABOUT THE

FAMILY.

MR. BLANKENBUSH: THE QUESTION WAS

IMMEDIATE FAMILY.

MS. NOLAN: YES.

MR. BLANKENBUSH: JUST -- I -- THE --

ACTING SPEAKER AUBRY: MS. --

MS. NOLAN: LET ME -- LET ME JUST QUICKLY ADD --

ACTING SPEAKER AUBRY: MS. NOLAN CAN

ANSWER THIS QUESTION --

MS. NOLAN: YES. PARENTS --

ACTING SPEAKER AUBRY: -- AND YOU CERTAINLY

NYS ASSEMBLY JUNE 19, 2019

CAN COME BACK FOR THE NEXT 15.

MS. NOLAN: YES.

MR. BLANKENBUSH: IT LOOKS LIKE THAT'S GOING TO

HAPPEN.

ACTING SPEAKER AUBRY: OKAY.

MS. NOLAN: RIGHT. LET ME JUST SAY -- I APOLOGIZE.

PARENTS, SPOUSES AND CHILDREN AND THE DEPARTMENT OF LABOR CAN ADD IN

SIBLINGS, IN-LAWS AND OTHERS. COUSINS AND THINGS LIKE THAT.

ACTING SPEAKER AUBRY: THANK YOU.

MR. CROUCH.

MR. CROUCH: THANK YOU, MR. SPEAKER. MY PAST

IS, I WAS RAISED ON A DAIRY FARM. I OPERATED A DAIRY FARM WITH MY WIFE

FOR 22 YEARS. FORMALLY RANKER OF THE AGRICULTURE COMMITTEE HERE IN

THE ASSEMBLY. AND IN THAT POSITION AND EVEN MY PRIOR ON-FARM

EXPERIENCE I TRAVELED ACROSS NEW YORK STATE AND I VISITED MANY FARMS,

ESPECIALLY AS THE RANKER. WE HOSTED A NUMBER OF FORUMS FROM EASTERN

LONG ISLAND TO BUFFALO AND CHAUTAUQUA COUNTY AND THE NORTH

COUNTRY, PLATTSBURGH AREA, ALL AROUND THE STATE, AND WE TALKED ABOUT

ISSUES THAT THIS BODY COULD -- COULD HELP WITH THE FARMING. AND ONE OF

THE ISSUES WAS ADEQUATE LABOR. AND AS WE'VE SEEN WHAT'S HAPPENED

OVER THE LAST FEW YEARS, MORE OF THE LABOR COMES FROM OUTSIDE OF THE

UNITED STATES. THEY HAVE DIFFICULTY GETTING RESIDENTS, WE'LL SAY, TO -- TO

WORK ON SOME OF THESE FARMS. THEY DON'T WANT TO PICK APPLES AND

THINGS LIKE THAT. SO THEY IMPORT A LOT OF THIS LABOR -- LABOR. AND -- AND

A LOT OF IT'S UNDER THE REGULATION -- MOST OF IT'S UNDER THE REGULATION OF

NYS ASSEMBLY JUNE 19, 2019

THE US GOVERNMENT. BUT NOT ONCE IN MY -- MY TRAVELS DID I SEE ANY

NEGATIVE TREATMENT TO FARM LABORERS. AS A MATTER OF FACT, ON ONE APPLE

FARM I WAS INTRODUCED TO THIS GENTLEMAN WHO WAS THE FOREMAN OF THE

PICKING CREW, AND HE VERY PROUDLY STATED HE'D BEEN ON THAT FARM FOR 23

YEARS. HE COULD HAVE GONE TO OTHER FARMS, BUT THEY -- HE STAYED THERE

BECAUSE THEY TREATED HIM LIKE FAMILY. AND THAT'S WHAT I'VE SEEN ON

MOST OF MY -- JUST ABOUT ALL OF MY TOURS, BASICALLY, THAT THE WORKERS ARE

OFTEN TREATED LIKE FAMILY. THEY HAVE OTHER OPPORTUNITIES IF THEY'RE NOT,

BELIEVE ME. THE -- THE PEOPLE THAT COME IN FOR SEASONAL CROPS, THEY'RE

HERE FOR 90 DAYS. WHAT WILL HAPPEN IF YOU MANDATE THAT THEY TAKE A

DAY OFF, THEY'RE GOING TO LOSE MONEY BECAUSE THEY WANT --THEY WANT TO

WORK EVERY DAY THEY CAN FOR 90 DAYS, AND THEY -- THEY'RE GOING TO HAVE

TO NOT WORK SOME DAYS BECAUSE OF THE WEATHER. BUT IF YOU MANDATE

CERTAIN TIMES THAT THEY HAVE TO TAKE OFF, THEY'RE LIABLE TO GO DOWN TO THE

NEIGHBOR FARM AND WORK DOWN THERE BECAUSE THEY WANT TO MAKE ALL THE

MONEY WE CAN -- THAT THEY CAN. SO WE HAVE A POSSIBILITY OF DECREASING

THEIR INCOME. THEY'RE GOING -- YOU WANT THEM TO JOIN A UNION. SO NOW

YOU'VE GOT THESE INDIVIDUALS THAT COME FROM A POOR COUNTRY, AND YOU'RE

GOING TO EXTRACT A CERTAIN AMOUNT OF MONEY OUT OF THEIR PAYCHECK EVERY

WEEK. AND THE OPPORTUNITY TO GET ANY MORE BENEFITS FROM JOINING A

UNION IS PRETTY SLIM BECAUSE THEY'RE GOING TO GO BACK TO THEIR COUNTRY

IN 90 DAYS. AND SO ONE OF THE THINGS THAT WE'VE LOOKED AT AT THIS BILL IS

WHETHER OR NOT THE FARMERS HAVE TO PAY UNEMPLOYMENT ON SOMEBODY

THAT'S A SEASONAL WORKER, BECAUSE AFTER 90 DAYS YOU'RE NO LONGER

WORKING THERE. CAN THEY COLLECT THAT IF THEY'RE IN HONDURAS OR MEXICO

NYS ASSEMBLY JUNE 19, 2019

OR ANYTHING LIKE THAT?

SO I HAVE REAL CONCERNS ABOUT THIS. AND I -- I JUST --

ONE OF THE THINGS THAT WE'VE TALKED ABOUT IN THE PAST IS WHETHER THE

SPONSOR OF THE BILL OR ANY OF THE SUPPORTERS OF THE BILL, NOW EVEN THE

SPONSORS IN THE SENATE, WHETHER OR NOT THEY'VE ACTUALLY BEEN ON A FARM

AND TOURED THE FARM. YOU HOLD A HEARING, YES, BUT YOU REALLY NEED TO

GO BEYOND THAT BECAUSE A HEARING CAN BE STAGED. YOU CAN GET A CERTAIN

NUMBER OF PEOPLE IN THERE THAT SAY WHAT YOU WANT. BUT IF YOU GO TO

CERTAIN FARMS AND -- AND THEY GIVE YOU A TOUR AND YOU TALK TO THE

LABORERS RIGHT THERE, YOU CAN GET A GOOD SENSE OF WHAT THEY FEEL LIKE

AND WHAT'S GOING ON. AND I HAVE A LITTLE PROBLEM WITH SOMEBODY THAT'S

NOT EVER BEEN ON A FARM, FROM AN AREA THAT DOES NOT HAVE ANY FARMING

IN THE DISTRICT, WRITING LEGISLATION THAT'S GOING TO IMPACT ALL OF UPSTATE

NEW YORK, ALL OF THE NEW YORK AGRICULTURE AND -- AND AGRICULTURE ON

LONG ISLAND. NEW YORK CITY'S GOT A LOT OF PROBLEMS ON THEIR OWN.

THEY'VE HAD PROBLEMS WITH PEOPLE BEING PUSHED OFF OF SUBWAY

PLATFORMS. UPSTATE LEGISLATORS DON'T WRITE BILLS TO CONTROL THAT OR MAKE

IT BETTER. I FEEL IT'S NOT FOR US TO DO. WE DON'T UNDERSTAND ALL OF THE

PROBLEMS THAT THEY HAVE. WE DON'T UNDERSTAND ALL OF THE PROBLEMS THEY

HAVE WITH HOMELESS AND MENTALLY-ILL ON THOSE SUBWAY PLATFORMS. A LOT

OF THOSE THINGS WE JUST DON'T HAVE A -- HAVE AN ISSUE WITH THAT BECAUSE

WE'RE NOT GOING TO WRITE LEGISLATION THAT CONTROLS THAT BECAUSE WE HAVE

A DIFFERENT LIFESTYLE UP HERE. BUT TO HAVE SOMEBODY WRITE LEGISLATION

THAT CONTROLS OUR LIFESTYLE, OUR BUSINESSES, OUR AGRICULTURAL COMMUNITY,

TO ME, IS WRONG. AND WE HAVE -- YOU KNOW, WE'VE -- WE'VE STRUGGLED

NYS ASSEMBLY JUNE 19, 2019

OVER THE LAST FEW YEARS TO MAKE THE POINTS ON THIS BILL - AND YES, THERE

ARE SOME CHANGES - BUT I'M -- I'M REAL CONCERNED WITH THE -- WITH THE

CHANGE -- CHANGES THAT THE -- THE LABOR BOARD HAS -- DOES NOT HAVE THE

COMMISSIONER OF AG AND MARKETS ON -- ON THE LABOR BOARD. I THINK

THAT'S WRONG. YOU'VE GOT A MEMBER OF FARM BUREAU. OKAY. BUT YOU

OUGHT TO HAVE SOMEBODY LIKE THE COMMISSIONER OF AGRICULTURE ON

THERE, TOO. THE FACT THAT YOU CAN -- 60 DAYS AFTER THE FIRST OF JANUARY,

2020, THE LABOR BOARD CAN START MEETING. NOW, SUPPOSEDLY THEY'RE

GOING TO HOLD HEARINGS AND ISSUE A STATEMENT OR A RECOMMENDATION ON

MINIMUM WAGE -- OR THE OVERTIME. THE FACT IS, WE'VE NOT GONE THROUGH

A WHOLE SEASON AT THAT POINT WITH THAT LABOR BOARD IN FORCE. SO WHAT

KIND OF A DATA ARE THEY GOING TO USE TO MAKE THAT DECISION, WHETHER IT'S

GOING BACK TO 40 HOURS? IN JANUARY, FEBRUARY, MARCH, YOU'VE GOT

DAIRY FARMS AND A HANDFUL OF OTHER AGRICULTURAL BUSINESSES THAT MIGHT

HAVE LABORERS ON IT, BUT THE OVERTIME ISSUE COMES WITH THE FIELD CROPS,

VEGETABLE CROPS, THE FRUIT CROPS BECAUSE YOU HAVE A LIMITED TIMEFRAME

TO GET THAT CROP HARVESTED AND TAKEN CARE OF. AND SO THERE'S -- THERE'S

OVERTIME THERE. LONGER DAYS, OBVIOUSLY. BUT IN MY TOUR AROUND THE

STATE ON DIFFERENT FARMS, I NEVER HAD ONE LABORER COMPLAIN ABOUT THE

LONG DAYS. THEY WERE THERE TO MAKE MONEY FOR THAT 90-DAY SEGMENT

AND THEN THEY WOULD GO HOME. BUT, YOU KNOW, I -- I HAVE A LOT OF

ISSUES WITH THIS. IT'S TOUTED AS A COMPROMISE, BUT IT DOESN'T QUITE

COMPROMISE ENOUGH, QUITE FRANKLY. WHEN WE COULD GO -- BY NEXT MAY

WE COULD GO BACK TO A 40-HOUR OVERTIME WEEK. I HAVE A REAL PROBLEM

WITH THAT. THE COMPOSITION OF THE LABOR BOARD, I HAVE A REAL PROBLEM

NYS ASSEMBLY JUNE 19, 2019

WITH THAT. AND I UNDERSTAND THE SPONSOR JUST MADE SOME COMMENTS

ABOUT, YOU KNOW, INCLUDING OTHER MEMBERS OF THE FAMILY. I'VE -- I'VE

GOT TWO FARMS I COULD SPOUT OFF THE TOP OF MY HEAD RIGHT NOW. THE SON

WAS NOT INTERESTED IN FOLLOWING IN HIS FATHER'S FOOTSTEPS, BUT HIS

NEPHEW WAS. AND SO THE NEPHEW IS NOW TAKING OVER THE FARM,

EVENTUALLY. SO THERE'S GOT TO BE MORE INCLUSION OF OTHER MEMBERS OF

THE FAMILY ON THIS BILL. AND WE CAN TALK ABOUT -- YOU KNOW, WE CAN

DISCUSS MAYBE HOW GREAT IT IS OR HOW GREAT IT'S NOT. BUT THIS IS GOING TO

IMPACT UPSTATE AGRICULTURE. AND ULTIMATELY, IF UPSTATE FARMS AND LONG

ISLAND FARMS CAN'T MAKE IT ECONOMICALLY AND THE DAIRY INDUSTRY, I'M

TELLING YOU RIGHT NOW, THEY'VE BEEN STRUGGLING FOR THE LAST TWO TO THREE

YEARS. WE'VE GOT DAIRY FARMS GOING OUT OF BUSINESS. YOU START TAGGING

ON REGULATIONS LIKE THIS, THEY'RE GOING TO BE FOLDING THEIR TENT LIKE YOU

CAN'T BELIEVE. OTHER FARMS, FRUIT FARMS OR WHATEVER, CROP FARMS, THEY'LL

GO TO CROPS THAT HAVE MECHANIZATION IN ORDER TO BE ABLE TO STILL FARM

THEIR LAND AND FOLLOW THEIR HEART.

SO I HAVE, AGAIN, BIG ISSUES WITH THIS AND I'M GOING TO

JUST ENCOURAGE A NO VOTE. LET'S GO BACK TO THE DRAWING BOARD. LET'S

HOLD SOME TRUE HEARINGS. LET'S HAVE SOME TOURS OUT ON A FARM SO WE

GET THE -- THE REAL PERSPECTIVE OF WHAT'S GOING ON. AND LET'S HAVE A -- IF

-- IF THERE'S AN ISSUE, WE CAN IDENTIFY IT. LET'S HAVE IT SPONSORED BY

SOMEBODY FROM A FARMING AREA SO THEY HAVE A PERSPECTIVE OF WHAT'S

GOING ON.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TAGUE.

NYS ASSEMBLY JUNE 19, 2019

MR. TAGUE: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD FOR A COUPLE QUICK QUESTIONS?

ACTING SPEAKER AUBRY: MS. NOLAN, WILL YOU

YIELD?

MS. NOLAN: YES.

MR. TAGUE: JUST WONDERING, DO YOU HAVE ANY

FARMS IN YOUR DISTRICT?

MS. NOLAN: MR. SPEAKER, I'M PRIVILEGED TO HAVE A

GREAT VARIETY OF BUSINESSES IN MY DISTRICT, INCLUDING SOME THAT PROCESS

FOOD THAT COMES FROM FARMS. WE HAD FOR MANY YEARS A DAIRY

PROCESSING PLANT --

MR. TAGUE: SO THE ANSWER IS NO.

MS. NOLAN: -- THINGS LIKE THAT.

MR. TAGUE: YOU DON'T HAVE ANY FARMS IN YOUR

DISTRICT.

MS. NOLAN: CERTAINLY NOT ON THE SCALE OF SOME OF

MY COLLEAGUES. WE HAVE SOME SMALL INDEPENDENT OPERATIONS AS YOUNG

PEOPLE HAVE GOTTEN INTO THAT. WE ACTUALLY DO NOW -- DIFFERENT THAN

WHEN I FIRST DEBATED THE BILL, WE HAVE A NUMBER OF VERY SMALL FARMS.

AND -- AND I WOULD JUST SAY, MR. SPEAKER, AND MY COLLEAGUES, QUICKLY,

BECAUSE IT CAME UP EARLIER AND I DIDN'T WANT TO RESPOND BECAUSE I HAVE

GREAT RESPECT FOR MY COLLEAGUE FROM NORWICH, NEW YORK. BUT OF

COURSE I HAD VISITED FARMS, AND I'M THE DAUGHTER OF SOMEONE WHO WAS A

FRESH AIR FUND WORKER WHO WORKED ON A VEGETABLE FARM ALL THE YEARS

HE WAS IN THE FRESH AIR FUND BECAUSE THAT'S WHAT THE FRESH AIR FUND

NYS ASSEMBLY JUNE 19, 2019

WAS IN THOSE DAYS. AND HE LOVED IT. SO WE LOVE OUR STATE. I ALSO JUST

WANT TO SAY TO MY COLLEAGUE - MANY PEOPLE HERE KNOW THIS, BUT THIS

COLLEAGUE MAY NOT - I HAPPENED TO HAVE BEEN BORN IN SYRACUSE, NEW

YORK. AND I ALWAYS SAY, CAN'T YOU TELL FROM MY ACCENT? OBVIOUSLY

NOT AN UPSTATE ACCENT. BUT MY FAMILY, WE LOVE UPSTATE. MY FATHER

WAS A FRESH AIR FUND KID. WE'D GO TO THE FAIR EVERY YEAR, AND WE HAVE

GREAT RESPECT FOR THE FARM INDUSTRY IN OUR STATE AND THE FARMERS OF OUR

STATE.

MR. TAGUE: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. TAGUE: IT'S OBVIOUS THAT THE SPONSOR HAS NOT

WORKED ON A FARM, DOESN'T HAVE ANY FARMS IN HER DISTRICT. WELL, I'M A

FORMER DAIRY FARMER. I MANAGED MY OWN FARM, DONE MY OWN

INVENTORY, SET MY OWN HOURS. I KNOW HOW THE BUSINESS WORKS

INTIMATELY. AGRICULTURE DOES NOT FUNCTION AS A TYPICAL 9 TO 5 BUSINESS.

TO TRY TO CONVINCE YOURSELF THAT THAT'S HOW THINGS ARE DONE IS GOING TO

DEVASTATE OUR FARM INDUSTRY AND THE REST OF THE STATE AS A RESULT.

OVERTIME, SET HOURS, CONTROLLED DAYS TO WORK, COLLECTIVE BARGAINING,

NONE OF THESE THINGS ARE PART OF THE AGRICULTURE INDUSTRY BECAUSE THEY

WON'T WORK, PERIOD. SOME DAYS YOU'RE WORKING 19 HOURS. SOME DAYS

YOU'RE WORKING FOUR. IT ALL DEPENDS ON THE FARM, THE ANIMAL YOU'RE

TENDING, AND HOW FAR ALONG THE GROW IS. ALL OF THESE VAR -- VARIABLES

ARE TAKEN INTO ACCOUNT WHEN YOU TRY TO LEGISLATE SOMETHING THIS

COMPLEX. THIS IS ESSENTIAL TO OUR DAY-TO-DAY LIVES. THINGS ARE FLUID ON

A FARM. BUT I WOULDN'T EXPECT SOMEONE WHO HAS NEVER SET FOOT ON ONE

NYS ASSEMBLY JUNE 19, 2019

TO UNDERSTAND THAT.

MR. SPEAKER, WE HAVE PUT THE CART BEFORE THE HORSE.

NOW WHAT I MEAN BY THAT IS THERE ARE SOME THINGS IN THIS BILL THAT MAY

BE GOOD IDEAS, BUT THE TRUTH OF THE MATTER IS IS THAT FARMERS DON'T RUN

THEIR BUSINESS THE SAME WAY MOST BUSINESS PEOPLE DO. AND THE REASON

IS, THEY HAVE NO CONTROL OVER THE PRICE THAT THEY'RE PAID IN THE MARKET.

WHEN YOU OWN A BUSINESS, YOU SET YOUR PRICES BECAUSE YOU KNOW WHAT

YOUR OVERHEAD IS. A FARMER CAN'T DO THAT. A FARMER HAS TO FACE LABOR

INCREASES, FUEL AND ENERGY COSTS. THEY HAVE NO CONTROL OVER THAT. AND

BY THE WAY, THEY HAVE NO CONTROL ON THE AMOUNT OF MONEY THAT THEY ARE

PAID FOR THEIR PRODUCT.

LADIES AND GENTLEMEN, THIS BILL WILL DEVASTATE THE RURAL

UPSTATE ECONOMY. A REPORT IN TODAY'S LOCAL PAPER IN MY HOME COUNTY,

MY LITTLE COUNTY OF 30,000 PEOPLE, THE INCOME FROM AGRICULTURE WAS

OVER $50 MILLION LAST YEAR. THIS BILL WILL KILL AGRICULTURE IN RURAL

UPSTATE NEW YORK. IT PUTS OUR FARMERS AT AN UNCOMPETITIVE EDGE

COMPARED TO OTHER STATES, AND IT'S JUST A BAD BILL. I WOULD RECOMMEND

THAT THE SPONSOR TAKE THIS BILL BACK. I'D BE WILLING TO WORK WITH HER,

BECAUSE THAT'S WHERE I COME FROM. LET'S PUT THE HORSE BACK IN FRONT OF

THE CART. LET'S WORK ON THE PRICING STRUCTURE FOR OUR FARMERS, AND THEN

COME BACK WITH SOME IDEAS FOR THIS BILL.

MR. SPEAKER, I URGE EVERY ONE OF MY COLLEAGUES TO

STAND UP FOR AGRICULTURE, STAND UP FOR OUR FARMERS. NO FOOD -- NO

FARMS, NO FOOD. STAND UP FOR THE FARMERS AND VOTE NO ON THIS BAD

LEGISLATION. THANK YOU, MR. SPEAKER.

NYS ASSEMBLY JUNE 19, 2019

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. NOLAN, WILL YOU

YIELD?

MS. NOLAN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MS. NOLAN. I HAVE

A SERIES OF QUESTIONS FOR YOU AND I KIND OF WANT TO WALK THROUGH SOME

ISSUES HERE, IF WE COULD. THE FIRST QUESTION I HAVE FOR YOU, DO YOU

KNOW WHAT THE NUMBER ONE INDUSTRY IN OUR STATE IS?

MS. NOLAN: YES.

MR. PALMESANO: AND WHAT IS THAT?

MS. NOLAN: I THINK IT'S AGRICULTURE, DON'T YOU?

MR. PALMESANO: AGRICULTURE. WE'RE OFF TO A

GOOD START. SO --

MS. NOLAN: THANK YOU FOR STARTING WITH AN EASY

ONE.

MR. PALMESANO: SO RECENTLY, BECAUSE THIS BILL

HAS OBVIOUSLY GOTTEN A LOT OF ATTENTION, HAVE YOU SPOKEN TO ANY FARMERS

RECENTLY ABOUT YOUR BILL, THE IMPACT IT'S GOING TO HAVE ON THEM? HAVE

YOU SAT DOWN WITH A NUMBER OF FARMERS TO TALK TO THEM?

MS. NOLAN: I'VE HAD THE GREAT PRIVILEGE, MR.

SPEAKER, I'VE HAD THE GREAT PRIVILEGE ON MEETING ON MANY OCCASIONS

NYS ASSEMBLY JUNE 19, 2019

WITH THE REPRESENTATIVES OF THE FARM BUREAU OF OUR STATE. THEY HAVE A

COMPETENT AND PROFESSIONAL STAFF THAT REPRESENTS THEM WITH GREAT VIGOR

AND ARDOR - JUST AS ENERGETICALLY AS MY COLLEAGUE WHO SPOKE PRIOR DID -

AND IT'S BEEN MY GREAT PLEASURE TO HAVE MET WITH THEM MANY, MANY,

MANY TIMES OVER THE MANY, MANY YEARS THAT WE HAVE FOUGHT FOR

COLLECTIVE BARGAINING RIGHTS FOR FARM WORKERS. YES, INDEED, I HAVE.

MR. PALMESANO: AND DURING THOSE MEETINGS, DID

THEY EXPLAIN TO YOU THE STRUGGLES THAT THEY'RE FACING, WHETHER IT'S

RELATIVE TO COST, OTHER ISSUES? THEY -- THEY'VE LAID THAT OUT TO YOU, THE

CHALLENGES THAT THEY'RE FACING?

MS. NOLAN: YES, MR. SPEAKER. AND THAT IS ONE

REASON WHY WE HAVE COMPROMISED SIGNIFICANTLY IN THIS BILL AND PUT IN

PLACE A 60-HOUR TRIGGER FOR THE OVERTIME, WHICH AGAIN, WOULD NOT HAVE

BEEN MY PREFERENCE. WE CARRIED AND PASSED A BILL WITH A 40-HOUR

TRIGGER ON THREE SEPARATE OCCASIONS. BUT ON THIS OCCASION, IN DEFERENCE

AND UNDERSTANDING THE WORK OF -- OF THIS IMPORTANT INDUSTRY -- YES, THE

NUMBER ONE INDUSTRY IN OUR STATE -- WE HAVE PUT IN EFFECT A 60-HOUR

TRIGGER.

MR. PALMESANO: THERE'S A LOT OF TALK ABOUT

FARMS. I THINK THERE'S A MISCONCEPTION, ESPECIALLY FROM PEOPLE NOT

FROM AN AGRICULTURAL AREA, WHEN THEY THINK OF FARMS, THEY THINK OF BIG

CORPORATE OPERATIONS, CORPORATE FARMS. BUT DO YOU KNOW WHAT

PERCENTAGE OF FARMS IN NEW YORK STATE ARE FAMILY-OWNED FARMS?

MS. NOLAN: MANY OF THE FARMS IN OUR STATE,

PERHAPS PREDOMINANTLY, ARE SMALL FAMILY FARMS. BUT I WOULD REMIND

NYS ASSEMBLY JUNE 19, 2019

THE GENTLEMAN, I THINK HE DID PARTICIPATE - AND I WANT TO THANK THE

CHAIR OF THE LABOR COMMITTEE, MR. CRESPO, AS WELL AS I MENTIONED MS.

LUPARDO - IN A ROUNDTABLE THAT THE ASSEMBLY HAD WHERE WE HEARD FROM

A FARM LABORER, A FARM WORKER WHOSE JOB WAS TO SET UP THE MECHANICAL

EQUIPMENT FOR 2,500 COWS THREE TIMES A DAY. NOW I DON'T KNOW ABOUT

YOU, MR. SPEAKER, AND MY COLLEAGUES, BUT 2,500 COWS IS NOT THE IMAGE

THAT MOST PEOPLE HAVE WHEN THEY SAY "FAMILY FARM." THAT'S A LOT OF

COWS. AND AS I UNDERSTAND IT, THE FARM THAT HE WORKS FOR HAD MANY

MORE COWS, AND HE WAS EXPECTED, AS OTHER WORKERS WOULD, TO SET UP THE

EQUIPMENT. SO AGAIN, I'M WELL AWARE OF WHAT IS HAPPENING IN THIS

CRITICAL INDUSTRY, AND HAVE SPENT A GREAT DEAL OF TIME LISTENING TO MY

COLLEAGUES WHO HAVE TALKED ABOUT ITS IMPORTANCE. AND ONE OF THE

THINGS I'VE LEARNED IS THAT THROUGH MECHANIZATION AND TECHNOLOGY, THIS

IS A HIGHLY-SOPHISTICATED BUSINESS. AND THE IMAGE OF JUST A HUMBLE

PERSON MILKING A COW ON THE FAMILY FARM - WHILE PERHAPS TRUE IN THE

1930'S WHEN THE FARM LABORERS WERE EXCLUDED FROM THE FAIR LABOR

STANDARDS ACT - IS NOT TRUE IN 2019. TWENTY-FIVE HUNDRED COWS MILKED

THREE TIMES A DAY BY ONE FARM LABORER THROUGH THE TECHNOLOGY AND THE

MECHANIZATION OF THE FARM. SO MUCH SO THAT WHEN THE GENTLEMAN CUT

HIS HAND, HE COULD NOT STOP SETTING UP THE EQUIPMENT BECAUSE THERE WAS

NO TIME TO TAKE CARE OF THAT INJURY.

MR. PALMESANO: THANK YOU, MS. NOLAN, BECAUSE

I KNOW THE QUESTION WAS DO YOU KNOW WHAT THE PERCENTAGE OF

FAMILY-OWNED FARMS IS. IT'S 98 PERCENT.

MS. NOLAN: AND IF YOU --

NYS ASSEMBLY JUNE 19, 2019

MR. PALMESANO: AND I GUESS -- THAT'S FINE IF YOU

WANT TO GO ON AND KEEP TALKING.

MS. NOLAN: AND I WOULD JUST SAY TO THE

GENTLEMAN, THE 98 PERCENT FIGURE, YES. BUT THE IMAGE OF THE FAMILY

FARM IS NOT NECESSARILY TWO OR THREE PEOPLE EKING OUT A LIVING ON THE

HOMESTEAD ON SOME TELEVISION SHOW. IT IS A SUCCESSFUL, LARGE BUSINESS

THAT WE WANT TO SUPPORT AND WE HAVE SUPPORTED WITH TAX BREAKS AND

INCENTIVES AND BUSINESS THINGS THAT WE HAVE DONE OVER THE YEARS. AND

YES --

MR. PALMESANO: I CAN --

MS. NOLAN: -- IT'S SOMETHING WE WANT TO SUPPORT

BY BRINGING THEM INTO THE 21ST CENTURY TO EMPLOY THEIR WORKERS.

(APPLAUSE)

ACTING SPEAKER AUBRY: LADIES AND

GENTLEMEN. LADIES AND GENTLEMEN.

MR. PALMESANO: I CAN -- I CAN APPRECIATE YOUR

COMMENTS, MS. NOLAN, BUT I HAVE SOME MORE QUESTIONS. AND I THINK

WHAT YOU'VE ALREADY GUARANTEED IS I'M GOING TO BE USING SECOND 15

MINUTES IF YOU KEEP TALKING AND YOU DON'T ANSWER THE QUESTION. BUT I

HAVE MORE QUESTIONS.

MS. NOLAN: YES.

MR. PALMESANO: SO, HOW MANY HEARINGS DID THE

ASSEMBLY HOLD ON THIS ISSUE, PUBLIC HEARINGS? I CAN ANSWER IT. ZERO.

HOW MANY DID THE SENATE HAVE? THREE. IN WHAT PARTS OF THE STATE?

DON'T YOU THINK AN ISSUE AS BIG AS THIS THAT'S IMPACTFUL - I KNOW YOU

NYS ASSEMBLY JUNE 19, 2019

BELIEVE THIS IS A BIG ISSUE - AS IMPACTFUL AS THIS IS TO FARMS, FARM

WORKERS DESERVE TO HAVE A HEARING? DON'T YOU THINK IT'S AN INSULT TO

OUR FARMERS, THE NUMBER ONE INDUSTRY IN YOUR STATE, THAT THEY DIDN'T GET

TO HAVE THEIR VOICE HEARD ON THIS ISSUE? AND I'M NOT TALKING WITH

INDIVIDUAL MEETINGS AND STUFF LIKE THAT. I'M TALKING ABOUT JUST HAVING

PUBLIC HEARINGS WHERE THEY CAN TRAVEL. SOME OF THEM HAD TO TRAVEL

HOURS AWAY TO THE SENATE HEARINGS. THERE WERE NO HEARINGS IN THE

FINGER LAKES, THERE WERE NO HEARINGS IN THE SOUTHERN TIER, NONE IN

WESTERN NEW YORK, NONE IN THE NORTH COUNTRY. ISN'T IT KIND OF AN

INSULT TO OUR FARMERS THAT WE COULDN'T' HOLD A HEARING IN THOSE AREAS TO

HEAR FROM THEM?

MS. NOLAN: NO.

MR. PALMESANO: ALL RIGHT. WELL, LISTEN. EVERY

MEMBER OF OUR CONFERENCE SENT A LETTER TO THE SPEAKER, TO THE

RESPECTIVE AGRICULTURE AND LABOR CHAIRS ON THIS, PLEADING FOR HEARINGS.

ASKING TO GIVE A VOICE TO OUR FARMERS, LET THEM COME AND TALK TO YOU.

LET THEM EXPLAIN WHAT'S GOING ON, THE STRUGGLES THEY'RE FACING. AND

THE ASSEMBLY COULD NOT BOTHER TO HAVE ONE HEARING, EVEN ONE HEARING?

SO WHAT I BELIEVE YOU'VE DONE, IF YOU TOLD FARMERS THAT THEY'RE NOT

VALUED, IT'S AN INSULT. THEIR VOICE DOESN'T MATTER.

SO I HAVE SOME OTHER QUESTIONS FOR YOU. THE FARM

CREDIT EAST DID A STUDY A COUPLE OF YEARS AGO, RIGHT AROUND THE TIME OF

THE MINIMUM WAGE. DO YOU KNOW WHAT FARM LABOR COSTS AS A

PERCENTAGE OF NET FARM INCOME IN THE UNITED STATES WAS?

MS. NOLAN: LABOR COSTS ARE A VERY HIGH DRIVER OF

NYS ASSEMBLY JUNE 19, 2019

COURSE ON FARMS, YES.

MR. PALMESANO: YES. SO, IN THE UNITED STATES IT

WAS 36 PERCENT. BUT IN NEW YORK STATE IT WAS 63 PERCENT. SO DOESN'T

THAT RIGHT THERE TELL YOU RIGHT THERE, OUR FARMERS IN NEW YORK STATE ARE

ALREADY AT A COMPETITIVE DISADVANTAGE WHEN THEY'RE -- COMPARED TO

THEIR NEIGHBORING STATES, SURROUNDING STATES? PENNSYLVANIA, OHIO,

OTHER FARM STATES. ISN'T THAT -- WE'RE ALREADY AT A COMPETITIVE

DISADVANTAGE.

MS. NOLAN: IT DOESN'T TELL ME THAT.

MR. PALMESANO: NO. THAT'S SURPRISING. I THINK

MOST PEOPLE WOULD THINK SO. DO YOU KNOW HOW MANY --

MS. NOLAN: I COULD GIVE A LONGER ANSWER, BUT THEN

THE GENTLEMAN WILL TELL ME I'M TALKING TOO MUCH, AND SO I DON'T WANT TO

DO THAT. BUT NO, I DON'T AGREE WITH HIS -- HIS --

MR. PALMESANO: ALL RIGHT, THAT'S FINE. DO YOU

KNOW HOW MANY DAIRY FARMS WE'VE LOST IN NEW YORK STATE IN THE PAST

FIVE YEARS?

MS. NOLAN: I'M WELL AWARE THAT IN MY 35 CAREER

[SIC] HISTORY HERE, WE HAVE LOST DAIRY FARMS ALL OF THOSE YEARS. AND

GUESTS WHAT, COLLEAGUES? NEVER ONCE HAVE THE FARM LABORERS BEEN

RESPONSIBLE FOR THAT BECAUSE WE DON'T HAVE COLLECTIVE BARGAINING RIGHTS

FOR THEM. SO WHEN I GOT HERE WE HAD 15,000 DAIRY FARMS, NOW WE

HAVE LESS THAN 8-. THAT'S NOT BECAUSE THE FARM LABORERS ARE GETTING A

DAY OF REST. THAT'S NOT BECAUSE THE FARM LABORERS ARE GETTING OVERTIME.

THAT'S NOT BECAUSE THE FARM LABORERS ARE GETTING TIME-AND-A-HALF.

NYS ASSEMBLY JUNE 19, 2019

THAT'S NOT BECAUSE THEY HAVE A UNION. IF DAIRY FARMS ARE CLOSING IT'S

BECAUSE PEOPLE HAVE MOVED FROM A SMALL MODEL OF A HANDFUL OF

ANIMALS TO BIG FARMS. YES, INDEED, FAMILY-OWNED, BUT BIG FARMS WITH

5,000 COWS, NOT LITTLE FARMS WITH 100 COWS.

MR. PALMESANO: WELL --

MS. NOLAN: AND I WOULD ALSO REMIND THE

GENTLEMAN THAT FLUID MILK PRODUCTION IN OUR STATE HAS GONE UP PRETTY

MUCH EVERY YEAR THAT I'VE BEEN HERE, BECAUSE THROUGH THE TECHNOLOGY

AND THE INNOVATIONS AND, YES, THE HARD WORK AND DEDICATION OF OUR

FARMERS, FARMS ARE PRODUCING MORE MILK EVEN WITH FEWER NUMBERS OF

ACTUAL FARMS. THE AMOUNT OF MILK PRODUCED AND THE CALL THAT THE

FEDERAL GOVERNMENT PUTS FOR THE MILK HAS INCREASED IN OUR STATE PRETTY

MUCH EVERY YEAR I'VE BEEN HERE.

MR. PALMESANO: I KNOW ON THE ORIGINAL BILL

THERE WAS AN ESTIMATE DONE THAT IF THIS BILL -- OBVIOUSLY, THE NORMAL --

THE ORIGINAL WOULD WENT IN AND IT WOULD HAVE INCREASED FARM LABOR

COSTS BY $300 MILLION AND DECREASE NET FARM INCOME BY 25 PERCENT. I

KNOW WITH THE MODIFICATIONS, THAT'S PROBABLY NARROWED. BUT STILL, IT

IMPACTS NONETHELESS. BUT DO YOU KNOW WHAT? NET FARM INCOME HAS

DROPPED OVER THE PAST FEW YEARS BY 50 PERCENT. DID YOU KNOW NET

FARM INCOME HAS DROPPED BY 50 PERCENT OVER THE PAST SEVERAL YEARS?

SO I KNOW YOU'RE SAYING ABOUT FARMS CLOSING. IT'S NOT BECAUSE THEY'RE

MAKING A LOT OF MONEY. AND I NOTICED YOU MENTIONED THAT WELL, THEY'RE

PRODUCING A LOT MORE MILK, BUT ARE YOU AWARE THAT OUR FARMERS HAVE

LITTLE OR NO CONTROL OVER THE PRICES THEY RECEIVE AND THEY PRODUCE,

NYS ASSEMBLY JUNE 19, 2019

UNLIKE OTHER MANUFACTURES WHO CAN INCREASE THE PRICE OF A PRODUCT? OR

A RESTAURANT, WHEN YOU INCREASE THE WAGES, YOU CAN INCREASE THE PRICE

OF A MEAL. FARMERS HAVE NO DISCRETION TO INCREASE PRICES. THEY'RE JUST

DEALT THE PRICE AND HAVE TO DEAL WITH IT.

MS. NOLAN: IT'S MY UNDERSTANDING, MR. SPEAKER,

THAT THIS IS A MULTI-BILLION-DOLLAR INDUSTRY, AND THAT THE INNOVATION THAT

COLLECTIVE BARGAINING AND THE TREATING OF THE WORKERS WILL -- A RISING

TIDE LIFTS ALL BOATS. AND AS WE HAVE SEEN WITH MINIMUM WAGE

LEGISLATION, PAYING PEOPLE AN ADEQUATE WAGE HELPS CONTRIBUTE TO THE

ECONOMY OF THE COMMUNITIES THAT THEY ARE IN.

MR. PALMESANO: I WANT TO GET TO THE ISSUE -- I

KNOW THERE'S A PROVISION IN THIS LEGISLATION THAT SAYS THERE'S A NO STRIKE

PROVISION, BUT THERE'S A LAWSUIT THAT'S PENDING. DOES THIS LEGISLATION

SUPERCEDE THAT LAWSUIT SO THAT IF THERE'S -- IF THERE'S APPEALS THAT WHERE

THEY COULD, YOU KNOW, THEY COULD STRIKE DURING A HARVEST SEASON? I

KNOW THIS LEGISLATION DOESN'T. DOES THIS SUPERCEDE THAT? DOES THAT

OVERRULE THAT IF SOMETHING WERE TO CHANGE?

MS. NOLAN: NOT THAT I'M AWARE OF. THE COURTS CAN

DO WHAT THEY WISH, AND THEY DO.

MR. PALMESANO: ALL RIGHT.

MS. NOLAN: BUT OBVIOUSLY THEY TAKE INTO

CONSIDERATION WHAT WE DO HERE AS A SEPARATE BUT EQUAL BRANCH OF

GOVERNMENT, AND I'M SURE THAT THE CONSIDERATION THAT WE HAVE SHOWN IN

THIS BILL TO TRY TO STRIKE A BALANCE - I KNOW A BALANCE THAT SOME DO NOT

SEE, BUT THAT I CERTAINLY THINK WE HAVE STRUCK A BALANCE BECAUSE WE

NYS ASSEMBLY JUNE 19, 2019

HAVE GONE FROM A 40-HOUR OVERTIME TRIGGER IN THE ORIGINAL BILL TO A 60-

HOUR OVERTIME TRIGGER IN THIS BILL. I BELIEVE THAT THAT BALANCE WILL BE

READ BY THE COURTS AS AN ATTEMPT TO BE FAIR TO ALL SIDES AND MAY, INDEED,

CHANGE THE OUTCOME OF ANY LEGISLATION THAT WOULD -- ANY LAWSUITS THAT

WERE TO CONTINUE. BUT I CERTAINLY DON'T KNOW AND CAN'T SPEAK TO IT, NOT

BEING A -- NOT -- I'M NOT AN ATTORNEY, EITHER. AND IT'S AMAZING, RIGHT,

THE CAREERS THAT WE BRING HERE. BUT WE DO THINGS ON BEHALF OF PEOPLE.

I'M A WOMAN, AND YET MEN HERE TALK ABOUT WOMEN ALL THE TIME, RIGHT? I

DON'T SAY I HAVE TO BE ABLE TO TALK ABOUT MEN. YOU KNOW, WE ALL HAVE

DIFFERENT CAPACITIES THAT WE BRING HERE. THAT'S THE GENIUS OF AMERICAN

DEMOCRACY. SO I THINK I AM, AS BEST I CAN IN MY OWN MODEST WAY,

TRYING TO BE AS EDUCATED AS I CAN AND BRING THIS BILL TO THE FLOOR.

MR. PALMESANO: THANK YOU. I KNOW THERE'S NOW

WITH THIS LEGISLATION, PAID FAMILY LEAVE WOULD BE AN ELIGIBLE BENEFIT

FOR -- FOR THE FARM WORKERS. IS THIS -- IS THERE ANY CLARIFICATION ON WHEN

THAT PAID FAMILY LEAVE COULD BE TAKEN? COULD IT BE TAKEN IN THE

MIDDLE OF A HARVEST TIME? IS THERE ANY -- IS IT WHENEVER IT'S NEEDED,

WHENEVER IT COMES UP? ARE THERE ANY GUIDELINES OR RESTRICTIONS ON

WHEN IT CAN BE USED?

MS. NOLAN: NOT THAT WE'RE AWARE OF, NO.

MR. PALMESANO: OKAY. I KNOW MY COLLEAGUES

MIGHT TALK BACK ABOUT THIS AGAIN, ABOUT THE DEFINITION OF A FAMILY

MEMBER, YOU KNOW, AND I HOPE HE DOES. IT'S WHEN YOU TALK ABOUT LIKE

A -- A RELATIVE THAT'S NOT A -- A BROTHER OR A SPOUSE. WE'RE TALKING ABOUT

NEPHEWS AND COUSINS, HOW THAT'S -- HOW FAMILY FARMS -- I HOPE MY

NYS ASSEMBLY JUNE 19, 2019

COLLEAGUE BRINGS THAT BACK UP AGAIN WHEN HE COMES BACK UP. I THINK

THAT'S AN ISSUE -- I WISH THEY WOULD HAVE LOOKED TO MODIFY THAT A LITTLE

BIT BECAUSE THERE ARE INSTANCES WHERE A -- A SON AND A NEPHEW, THE

NEPHEW WORKS ON THE FARM BUT NOW HE'S GOING TO BE HELD OUTSIDE THAT

WAGE, OUTSIDE OF THE FAMILY DEFINITION, AND THEN ULTIMATELY HE WOULD BE

A OWNER -- POSSIBLY AN OWNER OF A FARM. BUT THIS COULD CAUSE PROBLEMS

WITH THAT BY THE LANGUAGE YOU HAVE IN THIS BILL, THE NARROW SCOPE OF

FAMILY.

MS. NOLAN: YES. WE -- WE BELIEVE, MR. SPEAKER,

THAT THE COMMISSIONER OF THE DEPARTMENT OF LABOR CAN ADDRESS THIS

ISSUE AND EXPAND TO INCLUDE, YOU KNOW, SECOND-COUSINS THREE TIMES

REMOVED IF THE COMMISSIONER OF LABOR NEEDS -- FEELS IT NEEDS TO DO

THAT. SO IT'S A WIDE DEFINITION OF WHAT IS FAMILY, AND WE CERTAINLY

SUPPORT THAT AND UNDERSTAND THAT. I THINK THE BILL TALKED ABOUT SIBLINGS

-- I -- I'M GOING TO LOOK AT IT IN A MINUTE -- BUT WE CERTAINLY -- I HAVE NO

PARTICULAR OBJECTION TO THE COMMISSIONER OF THE DEPARTMENT OF LABOR

EXPANDING THE CIRCLE OF FAMILY MEMBERS WHO WOULD NOT BE ELIGIBLE FOR

VARIOUS BENEFITS UNDER THIS BILL.

MR. PALMESANO: I WANT TO GET TO THE WAGE BOARD

ISSUE AGAIN. WAS THERE ANY RATIONALE OR REASON WHY THE AG AND

MARKETS DOES NOT HAVE AN APPOINTMENT OR IS NOT PART OF THAT WAGE

BOARD AND IT'S JUST THE DEPARTMENT OF LABOR, GIVEN WE'RE IMPACTING THE

AGRICULTURAL INDUSTRY?

MS. NOLAN: THANK YOU, MR. SPEAKER, FOR MY

COLLEAGUE ASKING THIS CRITICALLY IMPORTANT QUESTION THAT I'M HAPPY TO

NYS ASSEMBLY JUNE 19, 2019

ANSWER. MOST -- ALL WAGE BOARDS, EXCEPT FOR THIS ONE, ARE JUST THE

COMMISSIONER OF LABOR. BUT AGAIN, IN DEFERENCE AND UNDERSTANDING

THE UNIQUE NEEDS OF THE FARM INDUSTRY AND IN SUPPORT OF OUR FARM

OWNERS AND IN SUPPORT OF OUR FARMERS WHO PUT SO MUCH OF THEIR LIVES -

AS OUR COLLEAGUE SO ELOQUENTLY SAID - INTO THEIR BUSINESS, THE LABOR

COMMISSIONER MUST CONSULT WITH THE AG AND MARKETS COMMISSIONER AT

-- AT THE WAGE BOARD. SO THAT ACTUALLY IS LANGUAGE THAT APPLIES TO NO

OTHER INDUSTRY. WE DON'T ASK THE COMMISSIONER OF LABOR TO TALK TO THE

TRANSPORTATION COMMISSIONER IF IT'S THE TRANSPORTATION WAGE BOARD.

WE DON'T ASK THE LABOR COMMISSIONER TO TALK TO THE DEC

COMMISSIONER IF IT'S A GROUP ON THE WATER. ONLY IN THIS ONE INDUSTRY

HAVE WE CARVED OUT AN ADDITIONAL STEP THAT THE LABOR COMMISSIONER

MUST CONSULT WITH THE AG AND MARKETS COMMISSIONER. SO I FELT --

AGAIN, IN THE SPIRIT OF COMPROMISE, SOMETHING THAT WASN'T IN THE

ORIGINAL BILL -- I FELT IT WAS IMPORTANT TO DO THAT. TO MAKE THAT

CONCESSION, IF YOU WILL CALL IT THAT.

MR. PALMESANO: THANK YOU FOR THAT

CLARIFICATION. REGARDING THE -- THE WAGE BOARD ITSELF AND HOW THEY -- IT

COULD TAKE UP POSSIBLE CHANGES IN THE FUTURE, I KNOW RIGHT NOW WE

HAVE A 60-HOUR AS PART OF THE BILL. BUT NOW THE WAGE BOARD CAN

CONVENE AND THEY CAN AT SOME POINT -- I THINK IT'S DECEMBER, BY 2020

-- THEY CAN MAKE A RECOMMENDATION IF THEY WANT TO LOWER THAT AMOUNT

FROM 60 HOURS TO 50 HOURS OR 40 HOURS IF THEY SO CHOOSE. WOULD THAT

AUTOMATICALLY BE IMPLEMENTED, OR DOES IT HAVE TO COME BACK TO THE

LEGISLATURE TO RATIFY WHATEVER THAT WAGE BOARD DECIDES? THAT'S WHAT

NYS ASSEMBLY JUNE 19, 2019

HAPPENS? SO IF THEY DECIDE ARBITRARILY TO MAKE IT 40 HOURS WITHIN A

YEAR, THEY CAN DO THAT?

MS. NOLAN: WELL, AGAIN, MR. SPEAKER AND MY

COLLEAGUES, THERE IS A -- LANGUAGE IN THE BILL THAT WOULD REQUIRE IF A

WAGE BOARD WAS TO ACT IN THAT MANNER, WHICH I FIND HARD TO BELIEVE

BECAUSE THE FARM BUREAU WOULD BE PART OF THE WAGE BOARD, AS WELL AS

THE AFL-CIO, WHICH IS A RESPONSIBLE GROUP IN OUR STATE WITH A LONG

HISTORY OF WORKING THROUGH THESE TYPES OF LABOR AGREEMENTS AND LABOR

ISSUES. THE AFL-CIO IS NOT A RADICAL ORGANIZATION. IT IS A RESPONSIBLE

ORGANIZATION THAT HAS EXISTED IN OUR COUNTRY FOR A VERY LONG TIME THAT

OCCUPIES A SEAT ON THESE WAGE BOARDS AND IS WELL AWARE THAT A JOB IS

BETTER THAN NO JOB. SO PRESUMABLY, RESPONSIBLE PEOPLE WILL COME UP

WITH ACHIEVABLE GOALS. BUT IF IN THE EVENT THAT THEY RUN WILD AND THEY

DO SOMETHING THAT, YOU KNOW, VERY DRAMATIC, THE COMMISSIONER OF

LABOR HAS THE ABILITY TO NOT LISTEN TO THE WAGE BOARD. AGAIN, I THINK

SOMETHING -- ALL WAGE BOARDS HAVE THAT, BUT I THINK WE'VE PUT SOME

ADDITIONAL LANGUAGE THAT THE COMMISSIONER COULD MODIFY IT, THEY COULD

CONFER, THEY COULD RECONVENE. SO AGAIN, WE'VE TRIED IN EVERY WAY THAT

WE COULD TO EMPOWER THE FARM OWNER SO THAT THEY WOULD UNDERSTAND

THAT WE CARE. WE DON'T WANT TO PUT THIS IMPORTANT INDUSTRY IN ANY WAY

IN A NEGATIVE POSITION, WE JUST WANT JUSTICE FOR THE WORKER AND OF THE

BALANCE SCALE.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: THANK YOU, MR. SPEAKER.

THANK YOU, MS. NOLAN. AND AS ARNOLD SCHWARZENEGGER SAID, I'LL BE

NYS ASSEMBLY JUNE 19, 2019

BACK.

ACTING SPEAKER AUBRY: MR. DIPIETRO.

MR. DIPIETRO: THANK YOU, MR. SPEAKER. I DON'T

KNOW WHERE TO START. THIS COULD BE THE BIGGEST JOKE BILL I'VE EVER SEEN

IN THE ASSEMBLY HISTORY. TWENTY-FIVE HUNDRED COWS, ONE PERSON.

THAT'S CALLED TECHNOLOGY. THE GUY ISN'T SLAVING, THE WOMAN ISN'T

SLAVING. THIS ISN'T 1920'S FACTORIES. IT'S CALLED TECHNOLOGY. THE COWS

WALK IN, HE PUSHES A BUTTON, IT TAKES CARE OF ITSELF. SO IF YOU DON'T

KNOW WHAT YOU'RE TALKING ABOUT ON HOW COWS GET MILKED, DON'T MAKE IT

SOUND LIKE ONE GUY IS HOOKING UP 2,500 COWS TO EIGHT OR TEN DIFFERENT

NIPPLES. IT DOESN'T WORK THAT WAY. SO, PLEASE. IF YOU DON'T KNOW WHAT

YOU'RE TALKING ABOUT, PLEASE DON'T TALK ABOUT IT. MY WHOLE DISTRICT IS

FARM. IN WYOMING COUNTY THERE ARE MORE COWS THAN PEOPLE. ABOUT

48,000 COWS TO ABOUT 35,000 PEOPLE. THE DAY OF REST, I UNDERSTAND

THAT, BEING A RELIGIOUS PERSON. FORTY-HOUR WORK WEEK, NO ONE HAS

COME OUT TO MY DISTRICT AND TALKED TO ANY OF MY FARMERS. I'VE TALKED TO

50 TO 60 OF THEM. NONE OF THEM WANT THIS. NONE OF THEM WANT THIS

BILL. NONE OF THE WORKERS I'VE TALKED TO WANT THIS BILL. WHY IS THAT?

BECAUSE IF YOU DON'T UNDERSTAND WHAT YOU'RE TALKING ABOUT, DON'T TALK

ABOUT IT. THE WORKERS COME UP HERE, ESPECIALLY THE MIGRANT WORKERS

WHO COME UP HERE FOR 100, 120 DAYS, THEY WANT TO WORK EVERY SINGLE

HOUR BECAUSE WHEN THEY TAKE THAT -- THEY TAKE THAT MONEY AND THEY SHIP

IT HOME. AND WHEN THEY GO HOME, THEY FEED THEIR FAMILY, THEY LIVE

HIGH ON THE HOG BECAUSE THEY WORKED IN AMERICA. THEY WORKED IN

NEW YORK WHERE THE WAGES ARE SUBSTANTIALLY HIGHER THAN OUR

NYS ASSEMBLY JUNE 19, 2019

SURROUNDING STATES. THAT'S WHY IT PUTS US AT A DISADVANTAGE. IF YOU

DON'T KNOW DAIRY PRICES, PLEASE DON'T TALK ABOUT IT. OF A HUNDRED-AND-

SOME PEOPLE ON THE OTHER SIDE, I'LL BET 90 DON'T KNOW HOW DAIRY PRICES

ARE ACTUALLY FIXED. IT'S BY WEIGHT. IT'S FEDERAL. A DAIRY FARMER JUST

CAN'T PRODUCE MILK AND GO SELL IT. IT DOESN'T WORK THAT WAY. OUR DAIRY

FARMERS HAVE BEEN GETTING CRUSHED BECAUSE THE PRICE IS HOVERING AT $13

TO $15, $16 A HUNDRED. TO MAKE A PROFIT YOU NEEDED ABOUT $17 TO $19

OR MORE. AND IT'S BEEN ABOUT THREE YEARS SINCE IT'S HAPPENED. IT

FLUCTUATES. THAT'S THE MARKET. SO WHEN YOU ADD ON THESE COSTS, THESE

DAIRY FARMS ARE GOING OUT OF BUSINESS. I'VE TALKED TO THREE FARMERS IN

MY DISTRICT THAT ARE GOING OUT OF BUSINESS. THEY'RE SELLING THEIR ASSETS.

AND IT'S NOT ANOTHER FARMER MOVING IN, THEY'RE JUST SELLING BECAUSE THEY

CAN'T MAKE ANY MONEY IN NEW YORK STATE BECAUSE OF WHAT THIS BODY

DOES. DON'T SIT HERE AND NOT TAKE BLAME FOR IT. WHEN THE MINIMUM

WAGE WAS RAISED, IT WENT UP, AND THAT'S GREAT. BUT DON'T FORGET, DAIRY

FARMERS AND FARMERS WERE PAYING MORE THAN THE MINIMUM WAGE. THEY

MAKE IT SOUND LIKE WORKERS ARE WORKING SUBMINIMUM, LIKE FARM

WORKERS ARE WORKING FOR BELOW MINIMUM WAGE OR AT MINIMUM WAGE.

THEY ARE NOT. I SAT WITH MR. WICK, A 75-YEAR-OLD MAN, FOUR YEARS AGO.

HE JUST PASSED WAY. I SAT AT HIS DINING ROOM TABLE, HE TOLD ME A STORY

ABOUT A MONTH EARLIER WHERE HE HAD A 23-YEAR-OLD, 6'4 KID COME IN, HE

NEEDED TO WORK ON THE FARM AND DRIVE A TRUCK AND DO A LOT OF THE -- DO A

LOT OF THE DRIVING IN BETWEEN THE DIFFERENT FIELDS. AT THAT TIME,

MINIMUM WAGE WAS $8 AN HOUR. HE WAS OFFERING THIS KID $16.50.

AND HE TOLD ME -- HE SAT THERE AND HE SAID, YOU KNOW WHAT? YOU'RE

NYS ASSEMBLY JUNE 19, 2019

GREAT FOR THE JOB. YOU'VE GOT THE CREDENTIALS. YOU HAVE THE JOB. THE

KID, 23 YEARS OLD, TOOK OUT HIS -- HIS CELL PHONE IN FRONT OF MR. WICK

AND STARTED DOING SOMETHING. HE SAID, WHAT ARE YOU DOING? HE SAID, I

CAN'T WORK FOR THAT, MR. WICK. I'LL MAKE TOO MUCH ON MY BENEFITS.

THAT'S WHAT WE'VE DONE IN NEW YORK STATE. TWENTY-THREE-YEAR-OLD

KID, 6'4, ABLE-BODIED, WOULD RATHER GET THE FREE BENEFITS OUT OF NEW

YORK STATE THAN WORK. SO WHEN I SEE THIS, THIS IS NOTHING MORE THAN A

PAYBACK TO NEW YORK CITY UNIONS. I'VE BEEN TOLD IT FOREVER. I'VE

TALKED TO UNION PEOPLE. LOOK AT THE WAGE BOARD -- OR THE BOARD -- THE

BOARD. WHY IS THERE ONLY ONE FARM BUREAU? IT SHOULD BE -- ALL THREE

SHOULD BE FROM THE FARM BUREAU BECAUSE THEY KNOW THE INDUSTRY.

WHY IS THE AFL-CIO ON THERE? THEY HAVE NOTHING TO DO WITH THE

FARM. IT'S ALL ABOUT UNIONIZATION. THE WAGE BOARD. THE 40-HOUR WORK

WEEK. YOU GO TO A 40-HOUR WEEK, THE FARMERS ARE GOING TO FIND A WAY

TO WORK THEIR EMPLOYEES 40 HOURS AND THEN BRING IN A DIFFERENT SET OF

EMPLOYEES IF THEY HAVE TO. AND YOU DON'T UNDERSTAND THAT THE WORKERS

COME HERE, THEY WANT TO WORK. YOU WILL -- TELL -- BRING SOME WORKERS

FROM MY DISTRICT UP HERE, MIGRANT WORKERS, NEW YORK STATE, WHOEVER.

BRING THEM ON THE FLOOR AND LET THEM TELL ME THEY DON'T WANT TO WORK

MORE THAN 40 HOURS OR THEY WANT OVERTIME. BECAUSE THEY'RE GETTING, IN

MY DISTRICT, $15 TO $17 AN HOUR. THEY'RE MAKING GREAT MONEY, AND

THEY WANT TO WORK AS MANY HOURS AS THEY CAN SO THEY CAN TAKE IT BACK

HOME TO THEIR FAMILIES. THAT'S WHY THEY'RE HERE. WHEN YOU LIMIT IT,

YOU KNOW WHAT THEY'RE GOING TO DO? THEY'RE GOING TO GO TO ANOTHER

FARM AND WORK MORE HOURS. OR THEY'RE NOT GOING TO COME TO NEW

NYS ASSEMBLY JUNE 19, 2019

YORK. IF IT GETS TO A POINT WHERE THEY CAN'T MAKE THE MONEY HERE,

THEY'RE NOT GOING TO COME HERE. WHAT WOULDN'T YOU UNDERSTAND ABOUT

THAT? THEY'RE NOT GOING TO COME. I'VE BEEN TOLD THAT BY FARMERS AND

THE WORKERS ALIKE. IF YOU LIMIT THEIR HOURS, THEY'RE NOT COMING. THEY

WANT TO WORK 50 TO 70 TO 80 HOURS, WHATEVER THEY CAN. THEY WANT IT.

THEY'RE NOT BEING FORCED. TELL ME ONE WORKER WHO'S BEING FORCED TO

WORK ON A FARM. THEY'RE NOT. THEY COME HERE FOR WHAT THEY CAN GET TO

TAKE HOME. THEY COME HERE SO THEY CAN WORK THE HOURS AND MAKE A

TON OF MONEY. IT JUST -- IT JUST FLATTENS ME. IF YOU'VE NEVER BEEN ON A

FARM -- AND NOT EVEN JUST WALKED ON IT, YOU NEVER WORKED IT. YOU'VE

NEVER STOOD THERE FOR TEN HOURS AND SEEN HOW IT WORKS. IT'S DIFFERENT

THAN ANY OTHER BUSINESS YOU'VE EVER RUN OR BEEN A PART OF OR WALKED

INTO. AND THE PEOPLE THAT DO THAT JOB DO IT BECAUSE THEY WANT TO.

THEY'RE NOT FORCED. NO ONE IS FORCED. IF YOU DON'T WANT TO WORK ON A

FARM, YOU DON'T WORK ON FARM. IF IT'S TOO MUCH WORK, YOU DON'T DO IT.

SO WHY SIT HERE AND MAKE IT SOUND AS IF WE'RE OPPRESSING ALL THESE

PEOPLE? BECAUSE WE'RE NOT. AND THE PROOF IS THAT WHEN YOU PUT THIS

BILL TOGETHER, NO ONE CAME OUT TO MY DISTRICT, NO ONE CALLED ME. I'VE

BEEN A CIRCLE OF FRIENDS FARM BUREAU SINCE I WAS ELECTED. I'VE GOT THE

NUMBER ONE DAIRY COUNTY, I THINK, IN THE STATE. SO WHY DIDN'T THEY

COME AND CALL ME UP AND SAY, HEY, WE WANT TO TAKE A TOUR TODAY. I

WOULD HAVE TAKEN YOU TO 20 FARMS. WHY DIDN'T ANYBODY CALL ME?

BECAUSE IT WASN'T ABOUT SEEING WHAT THE FARMERS REALLY WANT. THIS WAS

ABOUT RUNNING OVER THE FARMERS. THEY'RE PREDICTING IN WYOMING

COUNTY ABOUT 7 TO 8 PERCENT NEXT YEAR AND TO GO OUT. IN A SMALL

NYS ASSEMBLY JUNE 19, 2019

COUNTY. BECAUSE THIS BILL WILL PUT A FOOT RIGHT ON THEIR HEAD.

I JUST THINK IT'S IRONIC WHEN YOU DON'T EVEN KNOW HOW

DAIRY PRICES. WE DID THE SAME THING WITH GUN CONTROL. AR-15. I'LL BET

90 PEOPLE IN THIS CHAMBER STILL THINK AN AR MEANS ASSAULT RIFLE, WHEN

THEY HAVE NO CLUE THAT IT'S JUST THE NAME OF THE COMPANY, THE

MANUFACTURER. BUT THEY THINK IT'S ASSAULT RIFLE. IT'S THE SAME MINDSET

WE HAVE NOW WITH THIS FARM BILL.

ALSO, I HEARD SOMEONE SAY THAT -- A COMMENT THAT IT'S A

GREAT BENEFIT TO OUR COMMUNITIES. THESE FARM WORKERS, THEY COME

HERE, THEY WORK 10, 12 HOURS A DAY. THEY GO TO SLEEP, THEY GET BACK

UP, THEY WORK AS MANY HOURS AS THEY CAN. THEY TELL THE FARMER, I'LL

WORK MORE. I'LL WORK IN THE NIGHT. WE GOT TO GET EVERYTHING TOGETHER.

THEY DON'T GO OUT AND SUPPORT THE COMMUNITY BY SPENDING THEIR

PAYCHECK. THAT'S A JOKE. THEY TAKE IT, AND THEY TAKE EVERY PENNY.

YOU DON'T UNDERSTAND THE MINDSET OF A LOT OF THESE FARM WORKERS THAT

COME HERE FROM OTHER COUNTRIES. THEY ARE SO THANKFUL TO BE HERE, AND

THEY'RE SO THANKFUL TO MAKE THAT MONEY TO SUPPORT THEIR FAMILY AT HOME.

THEY FEEL ASHAMED IF THEY GO OUT AND SPEND SOME MONEY. THEY WANT

TO MAKE SURE THEY GIVE THEIR FAMILY EVERY PENNY. SO I HEAR THIS IS A BIG

BENEFIT TO OUR COMMUNITIES. IT'S NOT. IT'S NOT. IT'S GOT A RESIDUAL EFFECT,

MINIMAL AT LEAST. AGAIN, DON'T PUT INTO A -- A FALSE NARRATIVE INTO

SOMETHING THAT ISN'T TRUE.

SO, THIS BILL BRINGS BACK JUST WHAT WE DON'T NEED IN

NEW YORK STATE. IT SHOWS THE DIVIDE BETWEEN NEW YORK CITY AND THE

REST OF THE STATE. AND WHILE NEW YORK CITY HAS ONE WAY OF THINKING

NYS ASSEMBLY JUNE 19, 2019

AND WE SEE IT ALL HERE -- I DO -- IT DOESN'T ALWAYS MATCH UP TO THE REST OF

THE STATE. AND THIS BILL IS A TOTAL EQUIVALENCY OF THAT MINDSET. THIS BILL

HAS NOTHING TO DO WITH FARMERS, NOTHING TO DO WITH WORKERS, GIVING

THEM BETTER PROTECTION. I -- I'VE BEEN ON THE FARMS AND I'VE SEEN THEIR

HOUSING. I'VE NEVER HEARD ONE COMPLAINT ABOUT MIGRANT OR A FARM

WORKER'S HOUSING. THEY MAKE SURE -- THE FARMERS AREN'T THERE TO -- TO

PUT THEIR FOOT -- THEY'RE NOT GOING TO MAKE THEIR EMPLOYEES UNHAPPY.

THEY GIVE THEM EVERYTHING THEY NEED. THEY NEED THEM TO BE HAPPY

AND WORK 12, 14 HOURS A DAY. THEY DEPEND ON THEM. AS A SMALL

BUSINESS OWNER, I GAVE MY EMPLOYEES EVERYTHING I COULD. I DEPEND ON

THEM. WHEN I OPEN THE DOORS AT 7:00 IN THE MORNING, I -- I NEEDED TO

MAKE SURE THEY WERE THERE. AND IF THEY DIDN'T LIKE IT THEY COULD GO

ELSEWHERE.

SO I WOULD LIKE EVERYONE TO THINK REAL SERIOUSLY ABOUT

ONE THOUGHT. IT'S TIME TO SPLIT THE STATE. I HAVE A BILL TO SPLIT NEW YORK

CITY AND NEW YORK STATE INTO THREE AUTONOMOUS REGIONS. IT DOESN'T

MAKE ANOTHER STATE, IT JUST GIVES NEW YORK STATE THREE AUTONOMOUS

REGIONS FOR CONTROL. THINK ABOUT IT. BECAUSE ALL I'VE HEARD FROM A LOT

OF PEOPLE HERE FOR YEARS IS HOW NEW YORK CITY WELFARE'S MONEY TO THE

REST OF THE STATE, ABOUT $8- TO $10 BILLION. WELL, I WOULD SAY IN OUR

PROPOSAL WE DON'T WANT THE MONEY ANYMORE. YOU KEEP IT AND DO WHAT

YOU WANT. VERY RESPECTFULLY, LET'S ALL GO -- LET'S GO EACH OUR OWN WAY.

AND I'M BEING VERY SERIOUS ABOUT IT, BECAUSE THAT'S ALL I HEAR IN

WESTERN NEW YORK. WE HAVE TO GET RID OF NEW YORK CITY. THEY'RE

DRYING US UP. THEY'RE KILLING US. WE CAN'T DEAL WITH ALL THEIR THINGS.

NYS ASSEMBLY JUNE 19, 2019

SO TELL ME -- I WOULD LIKE TO KNOW WHY -- IF YOU'RE FROM NEW YORK

CITY, COME TALK TO ME. I'D LIKE TO KNOW WHY YOU THINK THAT WESTERN

NEW YORK SHOULD ADHERE TO NEW YORK CITY. THEY'RE TOTALLY TWO

DIFFERENT PLACES. AND I GET IT, TWO DIFFERENT SETS OF VALUES, TWO

DIFFERENT SETS OF MINDSETS. TWO DIFFERENT WORK ETHICS. WHATEVER IT IS,

IT'S ALL DIFFERENT. I HAVE THE BILL. I'D LIKE SOMEONE TO TAKE IT AND I'D LIKE

SOMEONE TO SERIOUSLY THINK ABOUT IT, BECAUSE IT WOULD BE A BENEFIT TO

NEW YORK CITY. WE WILL -- WE WILL -- WE COULD GIVE -- NEW YORK CITY

COULD GET BACK THAT $8- TO $15 BILLION THAT THEY GIVE US, RELUCTANTLY.

THAT WOULD HELP THEM WITH THEIR MTA PROBLEM, HELP THEM WITH A LOT

OF THE PROGRAMS THEY WANT TO DO. BUT ON THE OTHER HAND, WHAT WOULD IT

HURT? BECAUSE THE WEST -- WESTERN NEW YORK, THE REST OF THIS STATE

REALLY DOESN'T CONTRIBUTE TO NEW YORK CITY. SO I'M BEING SERIOUS.

THIS BILL GOES WAY TOO FAR. THERE WERE SO MANY

THINGS WHEN WE CONFERENCED AND TALKED ABOUT BY FARMERS THAT THEY

WOULD HAVE LIKED TO HAVE DONE, BUT THEY WEREN'T GIVEN A VOICE, AND

COULD HAVE CHANGED THIS BILL AND MADE IT A LITTLE BIT BETTER, BUT NONE OF

THEIR INPUT WAS LISTENED TO. ESPECIALLY IN MY DISTRICT WHERE NO ONE

CAME OUT. NO ONE TALKED TO US. IT'S TIME TO SIT AT THE TABLE AND ACTUALLY

SERIOUSLY TALK. THIS BILL GOES TOO FAR, MR. SPEAKER. IT DOESN'T DO WHAT

IT'S GOING TO INTEND TO DO. UNINTENDED INTENTIONS -- GOOD INTENTIONS,

HOWEVER THEY ARE, HAVE UNINTENDED CONSEQUENCES. AND YOU CAN'T TELL

ME A BILL IS GREAT WHEN THEY PREDICT 7 TO 10 PERCENT OF FARMS ARE GOING

TO GO OUT OF BUSINESS BECAUSE OF IT. THAT'S NOT HELPING THE FARMERS.

THAT'S NOT HELPING THE WORKERS. THAT'S NOT HELPING THE MIGRANT WORKERS

NYS ASSEMBLY JUNE 19, 2019

THAT COME OVER THAT DEPEND ON US.

SO WITH THAT, I WILL BE VOTING IN THE NEGATIVE. BUT I

WISH, I WISH SOMEONE WOULD HAVE SAT DOWN AND REALLY MADE SOME

SERIOUS EFFORT TO MAKE THIS BILL PALATABLE TO THE REST OF THE STATE,

BECAUSE RIGHT NOW IT'S NOT. IT'S A HORRIBLE, HORRIBLE BILL. IT'S GOING TO

PUT PEOPLE OUT OF WORK, JEOPARDIZE FAMILIES AGAIN, AND WE'RE GOING TO

HAVE TO LIVE WITH IT. AND IN MY DISTRICT, THAT'S CATASTROPHIC. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BRIAN MILLER.

MR. B. MILLER: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. B. MILLER: I'M A FORMER APPLE GROWER. I

OWNED AND OPERATED MY OWN ORCHARD IN THE MOHAWK VALLEY. I HIRED

WORKERS WHO WORKED VERY HARD AND WERE TREATED VERY WELL. I WORKED

OUT IN THE ORCHARD WITH ALL OF THEM, IN ALL CONDITIONS, FOR WHATEVER

AMOUNT OF HOURS WERE NECESSARY TO GET THE JOB DONE. MY DISTRICT IS

HEAVILY AGRICULTURAL. I REPRESENT MANY OF THE FARMS, ORCHARDS,

VINEYARDS AND OTHER AGRICULTURAL BUSINESSES THAT KEEP THIS STATE'S

ECONOMY UP AND RUNNING. I'VE ALSO BEEN IN CONTACT WITH OUR FARM

BUREAUS THROUGHOUT THE STATE. I'VE ATTENDED THE FORUMS THIS YEAR AND

HEARD FROM BOTH FARMERS AND FARM WORKERS ON THIS ISSUE. I'VE TAKEN

WHAT I ALREADY KNOWN ABOUT THE INDUSTRY AND LEARNED SOME MORE BY

LISTENING TO OTHERS. I LIKE TO THINK I'M QUALIFIED TO SPEAK ON THIS ISSUE,

NYS ASSEMBLY JUNE 19, 2019

AND I HAVE SOME VERY GRAVE CONCERNS REGARDING THIS LEGISLATION.

AGRICULTURE IS A MAJOR DRIVER OF THE ECONOMY OF THIS STATE. THE

AGRICULTURAL INDUSTRY IS WORTH MORE THAN $5 BILLION TO OUR ECONOMY.

THERE ARE MORE THAN 35,000 FARMS AND MORE THAN SEVEN MILLION ACRES

OF FARMLAND HERE IN NEW YORK. DAIRY AND MILK PRODUCTION ALONE

ACCOUNT FOR MORE THAN 25,000 JOBS IN OUR STATE. AND THAT'S THE AMOUNT

OF JOBS THAT AMAZON WAS SUPPOSED TO CREATE. IF MY MEMORY SERVES MY

CORRECTLY, MANY OF MY COLLEAGUES HERE IN THE CHAMBER WERE VERY MUCH

IN FAVOR OF THOSE JOBS. WHY NOW ARE YOU WILLING TO RISK THAT MANY JOBS

AND MORE? AGRICULTURE AS A WHOLE IS RESPONSIBLE FOR NEARLY 200,000

JOBS IN NEW YORK STATE. THAT'S THE WHOLE INDUSTRY, FROM THE FARMER TO

THE PRODUCERS. AS A STATE, WE RANK NATIONALLY THE TOP FIVE PRODUCTION

OF YOGURT, COTTAGE CHEESE AND SOUR CREAM. APPLES, MAPLE SYRUP, DAIRY

COWS AND MILK PRODUCTION. GRAPES, TOTAL CHEESE AND MANY MORE. THIS

LEGISLATION RISKS OF DOING ALL OF THAT. THIS LEGISLATION WILL DECIMATE

NEW YORK'S AGRICULTURAL INDUSTRY AND, THEREBY, THE STATE'S ECONOMY. IN

CASE ANYONE IN THIS CHAMBER NEEDS A REMINDER WHERE OUR COUNTY RANKS

NATIONALLY, ACCORDING TO A RECENT REPORT WE ARE 31ST IN THE NATION. THAT

ISN'T ANYTHING TO BE PROUD OF. AND RANK -- AND RANKING 50TH IN THE

NATION WILL BE A WHOLE LOT WORSE. IF YOU WANT TO EXPERIENCE WHAT 50TH

IN THE -- 50TH RANKED IN THE ECONOMY IN THE NATION LOOKS LIKE, MAKING --

MAKING THE MISTAKE OF PASSING THIS LEGISLATION WILL BE A BIG STEP

TOWARDS IT. IMAGINE WHAT OUR ECONOMY WILL LOOK LIKE WITH A $5 BILLION

HOLE IN IT AFTER YOU TAKE OUR AGRICULTURAL INDUSTRY. THIS STATE HAS

ALREADY DRIVEN MORE THAN ONE MILLION FORMER RESIDENTS OUT OF THE STATE

NYS ASSEMBLY JUNE 19, 2019

BECAUSE OF ITS TERRIBLE ECONOMIC POLICIES, AND EVEN WORSE TAX CLIMATE.

YOU'VE DRIVEN SOME OF OUR BEST AND BRIGHTEST YOUNG PEOPLE OUT OF THE

STATE TO FIND WORK AND RAISE THEIR FAMILIES. NOW YOU'RE ABOUT TO PUSH

THROUGH LEGISLATION THAT WILL FORCE FAMILY FARMS TO CLOSE, AND YOUNG

THIRD- AND FOURTH-GENERATION FARMERS, WHO ARE SOME OF THE BEST IN THE

NATION, TO ALSO LEAVE THE STATE TO PURSUE THEIR PASSION ELSEWHERE. AND

IF YOU DON'T BELIEVE ME, COME TO MY OFFICE AND MEET SOME OF THE

YOUNG PEOPLE FROM THE 4-H PROGRAMS AND THE FUTURE FARMERS OF

AMERICA IN MY DISTRICT. THEY'LL EDUCATE YOU LIKE YOU WOULDN'T BELIEVE.

I'M NOT AGAINST PROTECTING LABORERS AND PROVIDING FAIR WORKING

CONDITIONS. I DON'T THINK ANYONE IS. IF YOU WENT AND SPOKE WITH THE

FARMERS IN MY DISTRICT OR ANYWHERE IN THE STATE AND REALLY LISTENED TO

THEM, THEY WOULD TELL YOU THEY ALSO BELIEVE IN TREATING THEIR WORKERS

WELL. THEY KNOW THEY CAN'T PRODUCE WITHOUT THEIR LABORERS. BUT THE

POLICIES PROPOSED IN THIS LEGISLATION WILL PUT NEW YORK STATE IN A

COMPETITIVE DISADVANTAGE TO OTHER STATES. THIS LEGISLATION, WHILE I

BELIEVE ITS INTENTIONS TO BE NOBLE, HAS MISSED THE MARK. IT WILL DRIVE UP

COSTS FOR FARMERS IN THIS STATE, FORCING THEM TO CHARGE MORE FOR THEIR

PRODUCTS AND LOSE BUSINESS TO FARMS IN OTHER STATES WHO DON'T HAVE THIS

MANDATE WEIGHING THEM DOWN. NEW YORK STATE IS AT A CONSTANT RUSH

TO BE ONE OF THE FIRST WITH EVERYTHING WE DO SO WE CAN BRAG THAT WE'RE

THE LEADER IN THIS OR THAT. SINCE WHEN DOES BEING A LEADER INVOLVE

MAKING A RASH -- RASH DECISION THAT WILL -- THAT WILL NEGATIVELY IMPACT

MILLIONS, SIMPLY SO WE CAN BRAG, LOOK AT US? THIS TYPE OF REGULATION

NEEDS TO BE DONE AT THE FEDERAL LEVEL SO THAT -- SO THAT THESE MEASURES

NYS ASSEMBLY JUNE 19, 2019

ARE INSTITUTED ACROSS THE BOARD IN A FAIR MANNER THAT DOES NOT PUT OUR

FARMERS AT A DISADVANTAGE AND OUR ECONOMY IN JEOPARDY. IF WE ARE

SMART, WE WOULD -- WE WOULD VOTE THIS LEGISLATION DOWN AND LET THE

FEDERAL GOVERNMENT TAKE IT UP.

I URGE ALL OF MY COLLEAGUES CONSIDER THE SEVERE

LONG-TERM IMPACTS THIS LEGISLATION WILL HAVE ON OUR STATE. TOO OFTEN

HERE IN ALBANY, WE ARE SHORT-SIGHTED. THIS CAN -- THIS CANNOT BE ONE OF

THOSE TIMES. TOO MUCH -- TOO MUCH IS ON THE LINE. I URGE ALL OF YOU TO

VOTE NO ON THIS LEGISLATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER PICHARDO: MR. SALKA.

MR. SALKA: WILL THE -- WILL THE SPONSOR YIELD?

MS. NOLAN: YES.

ACTING SPEAKER PICHARDO: THE SPONSOR

YIELDS.

MR. SALKA: THANK YOU. ARE YOU -- ARE YOU AWARE

OF WHAT THE PRICE OF MILK RIGHT NOW IS GOING FOR IN NEW YORK STATE ON

THE AVERAGE? I THINK -- I THINK MY COUNTERPART -- OR MY COLLEAGUE

MIGHT HAVE GIVEN YOU AN INDICATION.

MS. NOLAN: IF THE GENTLEMAN WANTS TO SHARE IT, I

DON'T HAVE IT IN FRONT OF ME. I'M -- I'M -- I HAVE OFTEN READ ABOUT IT,

STUDIED IT AND FOLLOW IT. I DON'T HAVE IT IN FRONT OF ME TODAY, SO PERHAPS

THE GENTLEMAN WILL ENLIGHTEN THE BODY.

MR. SALKA: WELL, I -- I -- I'D LIKE THAT. RIGHT NOW

IT'S GOING FOR $17.10 PER HUNDRED. AND OF COURSE THAT'S THE WAY MILK IS

PRODUCED AND -- AND SOLD. AND NOT TRYING TO PUT YOU ON THE SPOT, BUT I

NYS ASSEMBLY JUNE 19, 2019

JUST WANT TO KIND OF GET A BACKGROUND OF YOUR KNOWLEDGE. DO YOU

KNOW HOW MUCH IT COST TO PRODUCE THAT 100 POUNDS OF MILK?

MS. NOLAN: I'D BE HAPPY IF THE GENTLEMAN WOULD

SHARE THAT WITH US.

MR. SALKA: IT'S AROUND $20 OR $21 A HUNDRED. SO

IF YOU LOOK AT IT - YOU DON'T HAVE TO BE A BIG MATHEMATICIAN - YOU CAN

REALIZE THAT MOST OF THESE FARMERS, MOST OF THESE DAIRY FARMERS --

REGARDLESS OF WHAT SIZE, WHETHER THEY'RE MILKING 60 HEAD LIKE I HAVE IN

MY DISTRICT OR WHETHER THEY'RE MILKING 3,000 LIKE I HAVE IN MY DISTRICT

-- THEY'RE STILL BASICALLY GETTING THE SAME AMOUNT PER HUNDRED WEIGHT,

AND THEY'RE BASICALLY SPENDING THE SAME AMOUNT TO PRODUCE THAT

HUNDRED WEIGHT. SO, THEY'RE PROBABLY PRETTY MUCH, GENERALLY SPEAKING,

WORKING AT A LOSS. SO IF YOU TAKE A BUSINESS THAT'S WORKING AT A LOSS,

THE -- THE FUTURE FOR THAT BUSINESS CAN BE PRETTY BLEAK. SO WHAT YOU TRY

TO DO THEN IS YOU TRY TO CUT COSTS WHEREVER YOU CAN SO YOU CAN KEEP

OVERHEAD TO A MINIMUM. AND ONE OF THE BIGGEST OVERHEADS FOR THESE

FARMS RIGHT NOW IS LABOR. THAT'S ALWAYS A SIZEABLE COST BECAUSE

AGRICULTURE IS VERY LABOR INTENSIVE. ALTHOUGH WE'RE STARTING TO SEE

MORE AND MORE OF A SHIFT TO AUTOMATION. AS A MATTER OF FACT, A COUPLE

OF THE FARMS THAT I KNOW ARE AUTOMATING, THE MAIN IMPETUS FOR THEM TO

AUTOMATE IS TO MAKE SURE THAT THEY CAN KEEP THEIR OVERHEAD LOW, KEEP

THEIR LABOR COSTS LOW. SO BY THEN CUTTING THESE POSITIONS BY

AUTOMATING, NOW YOU'RE ELIMINATING JOBS. SO IT'S KIND OF A -- A CATCH

22 IN A WAY. SO, YOU KNOW, I -- I -- I'VE HAD -- THIS IS MY FIRST TERM,

AND IT'S BEEN A FASCINATING JOURNEY IN DIFFERENT CULTURES THAT I HAD THE

NYS ASSEMBLY JUNE 19, 2019

OPPORTUNITY TO -- TO BE EXPOSED TO AND PEOPLE FROM ALL OVER THE STATE

THAT HAVE DIFFERENT IDEAS AND HAVE THE SAME PASSIONS FOR REPRESENTING

THEIR DISTRICTS AS I DO. SO I COULD UNDERSTAND WHY THOSE WHO DON'T

DRIVE BY A DAIRY FARM EVERY DAY, WHO AREN'T STOPPING BY FARMS ON A

REGULAR BASIS LIKE I AM, MIGHT NOT BE ABLE TO CONCEPTUALIZE, MIGHT NOT

BE ABLE TO APPRECIATE THE EFFECT THAT THIS BILL IS GOING TO HAVE ON THE

WELL-BEING OF THE FARMERS IN MY COMMUNITIES. MY E-MAILS AND MY

TEXTS HAVE BEEN BUZZING FROM FARMERS, ORGANIC FARMERS, CONVENTIONAL

FARMERS. PEOPLE THAT ARE MILKING 100 TO 250, PEOPLE THAT ARE MILKING

3,000. AND THEY'RE SAYING, JOHN, THIS BILL IS GOING TO DEVASTATE, IT'S

GOING TO DEVASTATE OUR OPERATION. WE VALUE OUR EMPLOYEES. WHEN WE

GET A GOOD PERSON, WITH THE LABOR SHORTAGE BEING THE WAY IT IS, WE

WANT TO KEEP THAT PERSON. WE WANT TO TREAT THEM WELL --

ACTING SPEAKER PICHARDO: MR. SALKA, IS

THERE A QUESTION FOR THE SPONSOR, SIR?

MR. SALKA: NO, I'M JUST GOING TO ADDRESS THE BILL.

ACTING SPEAKER PICHARDO: ON -- ON -- ON

THE BILL, MR. SALKA.

MR. SALKA: THANK YOU TO THE SPONSOR. AS I SAID,

TIME AND TIME AGAIN I'VE HEARD OVER THE PAST COUPLE OF MONTHS FROM MY

FARMER FRIENDS, FROM PEOPLE THAT ARE STRUGGLING IN BUSINESS, PEOPLE THAT

ARE NO LONGER IN BUSINESS, THAT THIS INDUSTRY IS GOING THROUGH A LOT OF

CHANGES. WHEN YOU HAVE THE PRICE OF YOUR PRODUCT THAT YOU'RE SELLING

TODAY IN 2019 BASICALLY GIVING YOU THE SAME RETURN AS IT WAS IN 1973,

WELL THEN YOU KNOW SOMETHING'S WRONG. MY SUGGESTION IS THIS:

NYS ASSEMBLY JUNE 19, 2019

INSTEAD OF WRITING BILLS THAT WE KNOW - AT LEAST IN MY HEART OF HEARTS, I

KNOW FROM THE PEOPLE I SPEAK TO - IS GOING TO ULTIMATELY HURT THEM,

LET'S TALK ABOUT WRITING BILLS THAT INCREASE MARKETS. LET'S TALK ABOUT

BILLS THAT ALLOW FARMERS TO MAKE A DECENT LIVING. THESE ARE GOOD,

HARDWORKING PEOPLE. PEOPLE HAVE SAID TO ME, JOHN, I'LL OPEN UP MY

BOOKS TO WHOEVER WANTS TO SEE THEM, TO SEE IN BLACK AND WHITE HOW

MUCH THIS IS GOING TO HURT US. AND THOSE FARMS THAT ARE TEETERING, THOSE

FARMS THAT ARE RIGHT ON THE EDGE OF SOLVENCY AND GOING OUT OF BUSINESS

-- SOMETIMES THIRD- AND FOURTH-GENERATION FARMS -- ARE READY TO SAY,

WE'VE SIMPLY HAD ENOUGH. AND WHEN FARMERS GO OUT OF BUSINESS, IT

ISN'T JUST ANOTHER JOB CHANGE FOR THEM, IT'S THEIR WAY OF LIFE. IT'S

SOMETHING THAT THEY HAVE IN THEIR BONES, IN THEIR FINGERS, IN THEIR HEARTS.

AND WHEN THEY LOSE THOSE BUSINESSES, FAMILIES BREAK UP, PEOPLE,

FARMERS COMMIT SUICIDE. THIS BREAKS THEIR HEART WHEN THEY SEE THOSE

COWS BEING TAKEN TO AUCTION. I'VE BEEN THERE, AND I'VE SEEN FARMERS

LITERALLY SHED TEARS BECAUSE THOSE FARM -- THOSE COWS ARE LIKE THEIR

FAMILY. THOSE COWS HAVE KEPT THEM PRODUCING A LIVING. THOSE COWS

HAVE BEEN TAKEN CARE OF. THOSE COWS ARE THEIR INVESTMENT. AND WE'RE

SEEING MORE AND MORE FARMERS LOSE THAT WAY OF LIFE AND LOSING THAT

INVESTMENT.

SO MY -- I APPRECIATE THE SPONSOR'S INTENT TO IMPROVE

THE WORKING CONDITIONS FOR FARM LABORERS. YOU KNOW, WHEN I ATTENDED

THE ONE OF THREE PUBLIC HEARINGS THAT THE SENATE HAD UP AT MORRISVILLE

COLLEGE, WHICH IS AN AG-TECH COLLEGE IN MY DISTRICT, TWO OF THE

SPONSORS, TWO OF THE PEOPLE THAT WERE SUPPOSED TO BE AT THE HEARING

NYS ASSEMBLY JUNE 19, 2019

CAME AN HOUR-AND-A-HALF, TWO HOURS LATE. STAYED FOR ABOUT AN HOUR,

HOUR-AND-A-HALF AND LEFT. WHAT THEY DID MISS AND WHAT WE DID - AND I

ATTENDED IT WITH ASSEMBLYMAN MILLER - IS WE HEARD FROM A LOT OF FARM

LABORERS WHO LOVE WHAT THEY DO, WHO WANT THE HOURS, WHO NEED THE

HOURS TO BE ABLE TO SEND HOME THOSE MONIES TO THEIR FAMILIES. BECAUSE

IN THEIR HOME COUNTRIES, THEY'RE NOT GOING TO COME CLOSE TO EARNING THIS

KIND OF WAGE. AND I HEARD FROM FARMERS THAT SAID, WE LOVE THE PEOPLE

THAT WORK FOR US. WE WANT TO TREAT THEM -- THERE WAS EVEN ONE FARMER

THAT GIVES HIS EMPLOYEES A 401(K). THEY WANTED TO TAKE CARE. THIS IS

THEIR INVESTMENT. THIS IS AS MUCH OF AN INVESTMENT AS THEY HAVE IN

THEIR LIVESTOCK AND THEIR MACHINERY. SO IN MY UNDERSTANDING FROM

TRAVELING AROUND FARMS MANY, MANY TIMES EACH WEEK, THAT I SEE HOW

THEY'RE TREATING THEIR EMPLOYEES, HOW THEY'RE TREATING THEIR FARM

WORKERS. AND THEY'RE GOOD TO THEIR PEOPLE, AND THEIR PEOPLE ARE GOOD

TO THEM.

MY FEAR IS THAT THIS IS GOING TO BE -- THIS BILL IS GOING

TO BE COUNTERPRODUCTIVE. IT'S GOING TO HURT AGRICULTURE, IT'S GOING TO

HURT FARM LABORERS, AND IT'S ULTIMATELY GOING TO HURT THE QUALITY OF LIFE IN

NEW YORK STATE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER PICHARDO: THANK YOU, MR.

SALKA.

MR. HAWLEY.

MR. HAWLEY: WELL, THANK YOU, MR. SPEAKER.

ON THE BILL, IF I MIGHT.

ACTING SPEAKER PICHARDO: ON THE BILL, SIR.

NYS ASSEMBLY JUNE 19, 2019

MR. HAWLEY: LIKE MR. CROUCH, MR. MANKTELOW,

MR. TAGUE, NOT ONLY DID -- WAS I BORN AND RAISED ON A FARM, MY

GRANDFATHER STARTED THAT FARM BACK AT THE TURN OF THE CENTURY. MY FATHER

AND UNCLE CONTINUED THAT FARM, AND AS DID I AFTER -- AFTER COLLEGE.

UNFORTUNATELY, I SUFFERED A BACK INJURY AND WAS UNABLE TO CONTINUE

THAT. WE FARMED OVER 1,200 ACRES IN BATAVIA, NEW YORK, THAT ROMANTIC

INTERLUDE BETWEEN ROCHESTER AND BUFFALO, NEW YORK. AND A NUMBER

OF MY COLLEAGUES HAVE ACTUALLY COME TO MY DISTRICT FROM NEW YORK

CITY, FROM THE BOROUGHS AND FROM LONG ISLAND TO SEE WHAT IT IS THAT

FARMING IS ALL ABOUT. I CALL IT UP CLOSE AND PERSONAL. I'VE HAD MR.

DENDEKKER FROM QUEENS TO MY DISTRICT. I'VE HAD MR. CUSICK FROM

STATEN ISLAND TO MY DISTRICT. I'VE HAD MR. BENEDETTO LAST YEAR FROM MY

DISTRICT TO COME UP AND TAKE A LOOK AND SEE HOW THOSE OF US THAT LIVE IN

WESTERN NEW YORK AND DEPEND ON THE NUMBER ONE JOB IN THIS STATE,

AGRICULTURE, HOW IT OPERATES. THEY'VE BEEN TO DAIRY FARMS. THEY'VE

TALKED TO IMMIGRANT LABORERS. THEY'VE BEEN TO SMALL BUSINESSES. AND

THEY'VE SEEN THE LONG HOURS THAT ARE REQUIRED TO WORK IN AGRICULTURE.

AND MR. BLANKENBUSH POINTED OUT EARLIER, IF IT RAINS ON MONDAY,

TUESDAY AND WEDNESDAY -- THERE'S AN OLD ADAGE WHERE I'M FROM, AND IT

SAYS, MAKE HAY WHILE THE SUN SHINES. YOU ARE SUBJECT TO THE VAGARIES

OF WEATHER WHEN YOU'RE INVOLVED IN AGRICULTURE. AND SO WHEN THE SUN

SHINES, YOU MAY NOT BE MAKING HAY, YOU MAY BE PLANTING. YOU MAY BE

HARVESTING. YOU MAY BE PICKING BERRIES AND APPLES AND OTHER ASSORTED

AGRICULTURAL PRODUCTS. OR YOU MAY BE A DAIRY FARMER WHO NOT ONLY HAS

TO PLANT FARM -- PLANT CORN AND HARVEST IT SO THAT THOSE CATTLE CAN EAT IT

NYS ASSEMBLY JUNE 19, 2019

SO THAT THEY CAN PRODUCE MILK FOR ALL OF US IN THIS STATE AND AROUND THE

COUNTRY. WHAT'S THE DEAL WITH THE DAIRY -- THE DAIRY PART OF AGRICULTURE?

AS HAS BEEN MENTIONED ALREADY THE PAST SEVERAL MOMENTS, THEY'VE BEEN

LOSING $3 PER HUNDRED WEIGHT OF MILK FOR THE PAST THREE YEARS. WHEN

YOU'RE LOSING MONEY AND YOU INCREASE THE COSTS OF DOING BUSINESS, NO

MATTER WHAT THAT BUSINESS IS, YOU'RE IN TROUBLE. BECAUSE INCREASED

COSTS AT A BUSINESS WHERE YOU'RE ALREADY LOSING MONEY MEANS YOU'RE

LOSING MORE MONEY EACH AND EVERY DAY.

THIS STATE IS DEPENDENT UPON AGRICULTURE, AND IT'S A

PROUD TRADITION FOR DECADE AFTER DECADE, GENERATION AFTER GENERATION. I

WAS PROUD TO BE THE THIRD GENERATION IN MY FAMILY. UNFORTUNATELY, IT'S

NOW OPERATED BY ANOTHER FARM. BUT THAT OTHER FARM MAY NOT BE IN

BUSINESS AS A RESULT OF EVEN THIS COMPROMISE BILL THAT CHANGED IT FROM

40 TO 60 HOURS FOR MANDATORY OVERTIME. AND EVEN THOUGH FARM

WORKERS CANNOT STRIKE UNDER THE COLLECTIVE BARGAINING, NEITHER OF THOSE

THINGS ARE GUARANTEED FOREVER. BECAUSE THE WAGE BOARD --

COMPROMISED OF A FARM BUREAU PERSON, DEPARTMENT OF LABOR AND ONE

OTHER ENTITY -- WHAT'S THE OTHER ENTITY -- AND THE AFL-CIO -- THERE IS NO

GUARANTEE THAT WHEN THEY MEET ON JANUARY 1ST AND HOLD SOME HEARINGS

THAT THEY AREN'T GOING TO CHANGE WHAT WE'RE TALKING ABOUT TODAY. THAT

WOULD BE A TRAVESTY BECAUSE IT COULD GO EVEN WORSE.

SO, I WOULD APPEAL TO EVERYONE -- A NUMBER OF YEARS

AGO, SOMEBODY JUST WALKED BY MY DESK AND SAW THIS BOOK THAT I

BOUGHT OVER 350 OF -- AND I KNOW I CAN'T USE PROPS, IT'S GOING DOWN

NOW -- IT'S CALLED FARMHANDS. IT'S A BOOK THAT WAS WRITTEN BY A

NYS ASSEMBLY JUNE 19, 2019

GENTLEMAN, A NEWSPAPER REPORTER IN MY DISTRICT, WHO WORKED ON EIGHT

DIFFERENT TYPES OF FARMS SO HE OBJECTIVELY COULD EXPERIENCE, WRITE

ARTICLES AND REPORT ON IT TO THE GENERAL POPULUS. MANY OF YOU HOPEFULLY

STILL HAVE THAT BOOK. IT'S AN OBJECTIVE VIEWPOINT. IT'S NOT BASED ON THE

FAVORING OF AGRICULTURE OR ANYTHING ELSE. HE WORKED ON DAIRY FARMS, HE

WORKED ON CROP FARMS, HE WORKED ON CABBAGE FARMS. HE WORK ON

APPLE AND GRAPE FARMS, THE VINEYARDS IN WESTERN NEW YORK, AND HE

REPORTED ON THOSE. AND IN THE FRONT THERE'S A QUOTE FROM QUOTE,

UNQUOTE, "STRETCH," AN APPLE PICKER FROM JAMAICA WHO SPENDS TEN

WEEKS EVERY YEAR AT THE FARM IN WESTERN NEW YORK. HE SAYS, IT'S A

TOUGH JOB, BUT IT'S A SKILL JOB. YOU HAVE TO MAINTAIN YOUR INSTINCTS AT

ALL TIMES. YES, YOU MISS YOUR FAMILY, BUT I HANDLE IT. I'VE BEEN DOING IT

A LONG TIME. IT'S A GREAT JOB, AND IT'S GREAT FOR MY FAMILY.

I HAVE A NUMBER OF FARMS THAT I HAVE BEEN WORKING

WITH FOR YEARS IN MY BUSINESS, AND SEVERAL OF THEM HAVE ALREADY

DECIDED, IN ANTICIPATION AND FEAR THAT THIS BILL MAY COME TO THE FLOOR,

THEY'VE PURCHASED FARMS IN OTHER STATES. ONE FARM FLIES EACH AND EVERY

WEEK FROM OAKFIELD, NEW YORK TO THE STATE OF OHIO, ON THE WEST EDGE

OF OHIO, AND THAT'S WHERE THEIR DAIRY FARM IS GOING TO BE AFTER THIS BILL

PASSES. UNLESS SOME OF YOU CHANGE YOUR MIND. UNLESS SOME OF YOU

HAVE VISITED US. UNLESS SOME OF YOU WHO HAVE ACTUALLY LISTENED TO THE

REALITIES OF WHAT AGRICULTURE IS, ANOTHER BUSINESS, THE NUMBER ONE

BUSINESS IN THE STATE OF NEW YORK, IS GOING TO BE LEAVING AND ALREADY

HAS.

SO I WANT YOU ALL TO THINK LONG AND HARD ABOUT WHAT

NYS ASSEMBLY JUNE 19, 2019

THIS BILL IS, THIS COMPROMISE BILL, AND WHAT IT MEANS TO THE NUMBER ONE

INDUSTRY IN THIS STATE. WE'VE LOST SO MANY FOLKS - NOT ONLY INDIVIDUALS,

BUT BUSINESSES - AS A RESULT OF THE POLICIES THAT ARE PUT IN FORCE.

WELL-MEANING, I UNDERSTAND. BUT THESE POLICIES ARE NOT REALITY. THE

REALITY IS THAT AGRICULTURE, THE NUMBER ONE INDUSTRY, WILL NO LONGER BE

THE AGRICULTURE AS WE KNOW IT. AND THEY WILL BE GONE. ANOTHER

INDUSTRY OUT OF THE STATE OF NEW YORK. THE NUMBER -- THE NUMBER ONE

BUSINESS, AGRICULTURE, IT WILL BE THE NAIL IN THE COFFIN THAT PUTS MY

GRANDFATHER TO ROLLING IN HIS GRAVE, MY FATHER AND MY UNCLE ARE ROLLING

IN THEIR GRAVE IF THIS BILL BECOMES REALITY.

I URGE ALL OF MY COLLEAGUES TO THINK LONG AND HARD

ABOUT YOUR VOTE ON THIS BILL AND THE REALITIES OF LIFE. THANK YOU.

ACTING SPEAKER PICHARDO: THANK YOU, MR.

HAWLEY. AND AGAIN, TO REMIND MEMBERS, PLEASE, NO PROPS DURING THE

DEBATE AND/OR EXPLAINING YOUR VOTES.

MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER PICHARDO: MS. NOLAN, DO

YOU YIELD?

MS. NOLAN: YES.

ACTING SPEAKER PICHARDO: THE SPONSOR

YIELDS.

MR. WALCZYK: THANK YOU. THROUGH YOU, MR.

SPEAKER, I -- I KNOW THAT THE THINGS THAT WE DO IN THIS CHAMBER HAVE A

NYS ASSEMBLY JUNE 19, 2019

STATEWIDE IMPACT, BUT WE ALL REPRESENT DIFFERENT AREAS OF NEW YORK

STATE. AND THAT'S WHY I WONDERED IF THE SPONSOR WOULD ENLIGHTEN US --

SHE'S ALREADY INFORMED US THAT THERE ARE NO FARMS IN -- IN THE SPONSOR'S

DISTRICT, WHICH I CAN APPRECIATE. BUT I -- I WONDERED IF THE SPONSOR

COULD TELL US IF THERE'S ANY GROCERY STORES IN HER DISTRICT.

MS. NOLAN: MR. SPEAKER, I MENTIONED THAT THERE

ARE EMERGING FARMS IN QUEENS COUNTY, SO PERHAPS THE GENTLEMAN DID

NOT HEAR ME WHEN I ANSWERED THE QUESTION. I ANSWERED THAT THE FARM

INDUSTRY IS A KEY DRIVER IN OUR ECONOMY, BUT I DID NOT POINT OUT THAT

FINANCIAL SERVICES AND HEALTHCARE ARE ACTUALLY MORE DOMINANT. I'M

TRYING TO ANSWER THESE QUESTIONS AS QUICKLY AS I CAN, BUT I WOULD SAY TO

THE GENTLEMAN THAT I WORKED IN A GROCERY STORE. AND YES, OF COURSE I

HAVE MANY GROCERY STORES. I PROBABLY HAVE MORE GROCERY STORES THAN

THE GENTLEMAN HAS RENT-STABILIZED APARTMENTS. BUT THAT DOESN'T MEAN

THAT WE DON'T COMMENT --

(APPLAUSE/CHEERS)

IT DOESN'T MEAN WE DON'T COMMENT -- AND EVERY

MEMBER HERE, EVERY MEMBER -- EVERY MEMBER HERE -- I SAY IT WITH DEEP

RESPECT AND NOT IN AN EFFORT TO ANTAGONIZE. I HAVE GREAT RESPECT FOR MY

COLLEAGUES AND A GREAT RESPECT FOR THE QUESTIONS THAT THEY ASK. BUT THE

OBVIOUS ANSWER TO HIS IMPORTANT QUESTION IS YES.

MR. WALCZYK: THANK YOU, MR. SPEAKER. AND

THROUGH YOU, I APPRECIATE THE SPONSOR'S BREVITY AND QUICKNESS IN HER

ANSWER. I WONDER IF SHE COULD TELL US IF SHE HAS RESTAURANTS IN HER

DISTRICT, IF PEOPLE EAT APPLES IN THE FALL. IF PEOPLE DRINK WINE IN HER

NYS ASSEMBLY JUNE 19, 2019

DISTRICT, IF MOTHERS POUR MILK ON CEREAL IN THE MORNING IN HER DISTRICT

SINCE I'M NOT FAMILIAR WITH LONG ISLAND CITY, SUNNYSIDE, DUTCH HILLS

OR HUNTER'S POINT.

MS. NOLAN: YES.

MR. WALCZYK: EXCELLENT. AND THROUGH YOU, MR.

SPEAKER, IF THE SPONSOR WOULD CONTINUE TO YIELD, DOES THE SPONSOR

BELIEVE THAT FARMERS IN NEW YORK STATE ARE RICH OR ABUNDANTLY

WEALTHY?

MS. NOLAN: NO.

MR. WALCZYK: EXCELLENT. AND IF THE SPONSOR

WOULD CONTINUE TO YIELD, I WOULD ASK HER, HOW LONG HAS THIS BILL BEEN

BEFORE THE NEW YORK STATE LEGISLATURE AND HOW LONG HAS SHE BEEN

WORKING ON THIS PIECE OF LEGISLATION?

MS. NOLAN: THANK YOU, MR. SPEAKER. I'M THRILLED

TO SUGGEST TO THE COLLEAGUES THAT IN 1991, CORNELL UNIVERSITY PRODUCED

A REPORT THAT CAME TO THE CONCLUSION THAT FARM WORKERS IN NEW YORK

SHOULD BE GRANTED THE RIGHT TO ORGANIZE UNIONS AND BARGAIN

COLLECTIVELY. THAT'S WHERE WE STARTED OUR JOURNEY, WHEN I WAS NEWER

TO THE LEGISLATURE AND CHAIR OF THE LABOR COMMITTEE. THEN WITH THE

HELP OF SENATOR JOSEPH BRUNO, IN THE SENATE MAJORITY AT THAT TIME, WE

WERE ABLE TO DO A NUMBER OF PIECES OF LEGISLATION ABOUT HEALTH AND

SAFETY. BUT WE CONTINUED ON THE PATH TO COLLECTIVE BARGAINING RIGHTS

STARTING IN THE 1991 REPORT AND THEN FOLLOWING UP IN A 1995 REPORT BY

THE LATE STATE SENATOR OLGA MENDEZ AND OUR COLLEAGUE, ASSEMBLYMAN

HECTOR DIAZ AT THAT TIME.

NYS ASSEMBLY JUNE 19, 2019

MR. WALCZYK: I -- I THANK THE SPONSOR FOR THE

RESPONSE, AND IF SHE'D CONTINUE TO YIELD. IT'S -- I WAS -- I WAS ONLY IN

FIRST GRADE IN 1991, SO THERE'S SOME CATCHING UP HERE FOR ME. THROUGH

YOU, MR. SPEAKER, IN THE -- IN THE LAST 30-SOME-ODD YEARS THAT WE'VE

BEEN WORKING ON THIS BILL, WHAT -- WHAT IS THE ANALYSIS OF WHAT THIS BILL

WILL DO TO THE PRICE OF FOOD IN NEW YORK STATE AND TO THE AGRICULTURE

INDUSTRY? WHAT ARE WE ANTICIPATING THAT, YOU KNOW, THE PRICE OF MILK

IN LONG ISLAND CITY WILL BE IMPACTED BY THIS PIECE OF LEGISLATION?

MS. NOLAN: WE -- WE ANTICIPATE AND THE STUDIES

HAVE SHOWN -- AS HAVE MINIMUM WAGE STUDIES -- THAT A RISING TIDE LIFTS

ALL BOATS, AND THAT INDEED, FARM WORKERS WILL HAVE MORE MONEY TO

SPEND IN THEIR ECONOMY AND THAT THE -- THE PRINCIPLES OF CAPITALISM WILL

CONTINUE, AND WE EXPECT THAT -- I SUPPOSE IF THE GENTLEMAN IS IMPLYING

THAT THERE MIGHT BE SOME SLIGHT INCREASES IN FARM PRODUCTS THAT MAY,

INDEED, BE THE CASE. BUT IN A COMPETITIVE MARKET STRUCTURE, THE MARKET

WILL RESOLVE SOME OF THOSE THINGS AND WE WILL ALL CONTINUE FORWARD TO A

GREAT TOMORROW WHERE FARM LABORERS WILL BE IN UNIONS AND HAVE THE

RIGHT TO COLLECTIVELY BARGAIN TO GET TO THOSE UNIONS AND MAKE A DECENT

WAGE, AS WILL THE FARM EMPLOYER WHO WILL CONTINUE TO ENJOY SUCCESS IN

OUR STATE.

MR. WALCZYK: I'M -- I'M GLAD, MR. SPEAKER, THAT

THE SPONSOR BROUGHT UP THE COMPETITION OF THE MARKET, BECAUSE WHEN

YOU LOOK AT WHERE JUST MILK OR REALLY ANY PRODUCT IN NEW YORK STATE

GOES, IT'S REGIONALLY. IT'S NOT JUST TO LONG ISLAND CITY, IT'S NOT JUST TO --

TO FEED NEW YORK CITY. WE LOVE TO POINT THAT OUT WHEN WE PROUDLY

NYS ASSEMBLY JUNE 19, 2019

REPRESENT UPSTATE NEW YORK FARMS THAT, YOU KNOW, YOUR GROCERY

STORES, YOUR RESTAURANTS, YOUR CORNER BODEGAS AND -- AND THEY -- MANY

TIMES YOU'LL SEE THE "PROUDLY GROWN IN NEW YORK STATE" LABEL, AND I

HOPE YOU PICK UP THOSE PRODUCTS. AND I KNOW YOU DO, BECAUSE YOU'RE

NEW YORK STATE LEGISLATORS AND YOU LOVE TO SUPPORT THE AGRI BUSINESSES

OF NEW YORK STATE. BUT THOSE AREN'T THE ONLY PRODUCTS THAT END UP.

YOU MIGHT GET ARIZONA MILK, OR YOU MIGHT GET, YOU KNOW, WHEAT THAT'S

GROWN IN -- IN A NEIGHBORING STATE IN THE NORTHEAST. SO I WONDER, WILL

THIS BE BETTER FOR US IN COMPETITION? ARE THERE OTHER STATES THAT HAVE

SIMILAR LEGISLATION LIKE THIS -- THROUGH YOU, MR. SPEAKER -- WITHIN THE

NORTHEAST THAT WILL GIVE THEM THE COMPETITIVE ADVANTAGE?

MS. NOLAN: I'M SURE THE GENTLEMAN IS AWARE, MR.

SPEAKER, THAT MILK PRICES ARE -- AS WAS DISCUSSED EARLIER BY OTHER OF HIS

COLLEAGUES SAID, SO I WANT TO JUST CLARIFY MY RESPONSE ABOUT THE EFFECTS

OF THE MARKET ON THAT PARTICULAR COMMODITY. I ALSO WANT TO REMIND THE

GENTLEMAN THAT THERE ARE TEN STATES THAT ALLOW COLLECTIVE BARGAINING

RIGHTS FOR FARM WORKERS, AND WE EXPECT SOME OF THOSE STATES LIKE

CALIFORNIA ARE THE BREAD -- MANY ARE THE DOMINANT PLAYER IN MANY

INDUSTRIES. OF COURSE NEW YORK IS DOMINANT IN MANY PARTICULAR FIELDS

OF ENDEAVOR, INCLUDING FARM COMMODITIES LIKE APPLES AND OTHER THINGS.

BUT YES, OBVIOUSLY, CALIFORNIA, WHICH HAS HAD COLLECTIVE BARGAINING

RIGHTS FOR OVER 40 YEARS AND HAS CONTINUED TO BE A DOMINANT PLAYER IN

THE FOOD WORLD AND IN THE FOOD MARKET THAT, YES, THERE WILL BE GOOD

CONSEQUENCES THAT WILL COME FROM THIS. AND THAT YES, IT'S POSSIBLE THAT

SOME COSTS MAY RISE. BUT I KNOW THAT I GO OUT OF MY WAY TO BUY FOOD

NYS ASSEMBLY JUNE 19, 2019

THAT SAYS "GROWN IN NEW YORK," AND I THINK MANY OF US WILL FEEL BETTER

ABOUT THAT, KNOWING THAT THE HAND THAT PICKED THAT APPLE WAS GIVEN A

FAIR SHOT AT BEING IN A UNION AND HAVING COLLECTIVE BARGAINING RIGHTS AS

ALL OTHER WORKERS DO.

(APPLAUSE)

MR. WALCZYK: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. WALCZYK: AND I -- I APPRECIATE THE SPONSOR'S

RESPONSES. I THINK SOME OF THEM ARE -- ARE PRETTY TELLING. THEY TELL A

STORY OF TWO DIFFERENT NEW YORKS IN SOME CASES, AND WE'VE GOT SOME

DIFFERENT PERSPECTIVE ON -- ON WHAT THAT MEANS. AND I ENCOURAGE YOU

TO SPEND MORE TIME UPSTATE. HAPPY TO TAKE YOU AROUND ANY FARM IN THE

FRONT YARD OF AMERICA, AS I PROUDLY WEAR THE TARTAN THAT -- THAT

REPRESENTS THE RIVER DISTRICT, THE 116TH ASSEMBLY DISTRICT, THAT

STRETCHES FROM SACKETS HARBOR TO MASSENA. THERE'S A LOT OF PROUD

FAMILY FARMERS THAT ARE REALLY CONCERNED ABOUT THE FAMILY -- FAMILY

FARM PIECE IN THIS LEGISLATION. THEY'RE TELLING ME THAT IT WENT TOO FAR.

AND THERE'S A LOT OF SMALL MOM-AND-POPS THAT ARE WORRIED ABOUT THE

DAY OF REST AND WHAT THAT MEANS IN THEIR HARVEST SEASON WHEN IT'S SO

CRITICAL TO GET THAT PRODUCE OFF OF THE FIELD SO THAT IT'S NOT SPOILING AND

WE HAVE A SLOW FOOD MOVEMENT. SO YOU'RE GETTING ACTUALLY HEALTHIER

FOOD IN YOUR ASSEMBLY DISTRICT WHETHER IT -- NO MATTER WHAT PART OF

NEW YORK STATE YOU'RE IN. AND THE WAGE BOARD IS ESPECIALLY A CONCERN

OF CONSTITUENTS OF MINE, WHEN WE DON'T HAVE A REPRESENTATION FROM THE

NYS ASSEMBLY JUNE 19, 2019

AGRICULTURE COMMUNITY ON THAT COLLECTIVE BARGAINING. OBVIOUSLY, WILL

PUT US AT A COMPETITIVE DISADVANTAGE IN THE NORTHEAST REGION. I DON'T

WANT TO BE BUYING MORE AGRICULTURE PRODUCTS FROM CALIFORNIA. THEY

MAY BE GREAT AT GROWING IT OUT THERE, BUT AS YOU -- AS YOU PREPARE TO

TALK ABOUT A CLIMATE BILL LATER, THINK ABOUT THE FUEL THAT IT TAKES TO GET

PRODUCE FROM CALIFORNIA TO NEW YORK. THINK ABOUT IT RIPENING ON A

TRUCK INSTEAD OF IN THE FIELD IN NEW YORK. AND THAT'S WHAT THIS BILL IS

GOING TO PREVENT.

SO AS I CLOSE, MR. SPEAKER, I JUST WANT TO POINT OUT

THAT THE SPONSOR CEDED THE POINT THAT FARMERS ARE NOT CONSIDERED

ABUNDANTLY WEALTHY OR ARE GROSSLY WEALTHY IN NEW YORK STATE. AND

THE ORGANIZATIONS THAT ARE OPPOSING THIS ARE THE NEW YORK FARM

BUREAU, THE NEW YORK STATE VEGETABLE GROWERS ASSOCIATION, THE

NORTHEAST DAIRY PRODUCERS ASSOCIATION, THE NEW YORK APPLE

ASSOCIATION, AG AND MARK DAIRY COOPERATIVE, UPSTATE NIAGARA

COOPERATIVE, THE EMPIRE STATE COUNCIL OF AGRICULTURAL ORGANIZATIONS,

THE NEW YORK STATE HORTICULTURE SOCIETY, THE NEW YORK STATE WINE

INDUSTRY ASSOCIATION, THE NEW YORK WINE GRAPE GROWERS, THE

AGRICULTURE AFFILIATES, THE EMPIRE STATE FOREST PRODUCTS ASSOCIATION

AND THE NEW YORK ASSOCIATION OF AGRICULTURE EDUCATORS. AND THAT'S

JUST TO NAME A FEW, MR. SPEAKER. AND THEY AREN'T -- THIS ISN'T SOME

POWERFUL LOBBYING GROUP, AS THE SPONSOR POINTED OUT, WITH WEALTHY

FARMERS THAT ARE DUMPING MONEY INTO COFFERS. WE'RE TALKING ABOUT

MOM-AND-POP AGRICULTURE, THE BACKBONE OF OUR ECONOMY IN NEW YORK

STATE.

NYS ASSEMBLY JUNE 19, 2019

FARMING IS A WAY OF LIFE. AND I ASK THAT ALL MY

COLLEAGUES, BEFORE YOU VOTE ON THIS BILL, YOU VOTE FOR FOOD, YOU VOTE FOR

FARMS, YOU VOTE FOR THE FOOD THAT'S COMING INTO YOUR ASSEMBLY DISTRICT,

AND YOU VOTE NO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. PALUMBO.

MR. PALUMBO: THANK YOU, MR. SPEAKER.

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

PALUMBO.

MR. PALUMBO: THANK YOU. AND I'LL BE BRIEF. A

LOT OF THESE POINTS WERE ADDRESSED, BUT MANY OF YOU MAY NOT REALIZE

THAT IN THE 2ND ASSEMBLY DISTRICT THAT ENCOMPASSES THE NORTHEAST PART

OF SUFFOLK COUNTY AND THE ENTIRE NORTH FORK OF LONG ISLAND THAT HAS

CERTAINLY MORE BEACHES, I THINK, THAN RENT-CONTROLLED APARTMENTS, WE

WERE -- AT ONE POINT SUFFOLK COUNTY WAS THE LARGEST AGRICULTURAL

PRODUCER AS FAR AS VALUE IN THE STATE. AND I BELIEVE WE ARE STILL TOP

THREE. I HAVE AT LEAST 52 WINERIES IN MY DISTRICT. WHEN -- ACTUALLY A LOT

OF THOSE TENANTS IN THOSE RENT-CONTROLLED APARTMENTS, I EXPECT, THIS

WEEKEND WILL BE IN MY DISTRICT DRINKING WINE AND SPENDING MONEY.

BUT I'VE GOT A TREMENDOUS AMOUNT OF WINERIES, I HAVE SOD FARMS, I HAVE

BEER DISTRIBUTORS AND -- AND OTHER -- OTHER -- MANY OTHER -- CORN

GROWERS. AND -- AND BELIEVE IT OR NOT, IT'S A SIGNIFICANT FARMING

INDUSTRY IN MY AREA. AND ALTHOUGH YOU WOULD CONSIDER A LOT OF IT

AGRI-TOURISM WHERE WE HAVE MANY PEOPLE COMING OUT TO TOUR THESE

NYS ASSEMBLY JUNE 19, 2019

FARMS AND DURING THE CORN PICKING SEASON AND CHRIST -- CHRISTMAS TREE

GROWING SEASON, THIS IS GOING TO HAVE A VERY SIGNIFICANT IMPACT. AND

THE WAY THAT I SEE THIS IS, NUMBER ONE, WHEN THESE EMPLOYEES ACCEPT A

JOB, IF THEY HAVE ANY EXPERIENCE IN THE FIELD, WHICH THEY TYPICALLY DO,

THEY KNOW THE NATURE OF THIS BUSINESS. THAT IT IS CYCLICAL, THAT

ULTIMATELY, THERE ARE DAYS -- AS ANOTHER COLLEAGUE MENTIONED, THERE ARE

DAYS WHEN THERE ARE FOUR HOURS THAT YOU WORK AND THERE ARE DAYS WHEN

THERE ARE 19, 20 HOURS THAT YOU WORK BECAUSE OF THE NATURE OF THE

BUSINESS. AND THEY ACCEPT THE JOB UNDERSTANDING THAT AND KNOWING

WHAT THIS BUSINESS ENTAILS. AND I -- I THINK OF THIS BILL SIMILAR TO THE

MINIMUM WAGE BILLS THAT WE DISCUSSED AND WHAT THIS BODY HAS DONE

REGARDING THE RAISING THE MINIMUM WAGE WHERE IT WAS DISCUSSED IN A

BEAUTIFUL PRESS RELEASE THAT PEOPLE NEED TO HAVE A LIVING WAGE AT $15

AN HOUR. THAT'S NOT BAD, BUT $33,000 A YEAR, WHICH IS WHAT THAT

EQUATES TO, IS NOT A LIVING WAGE IN NEW YORK STATE. IT'S CERTAINLY NOT

ON LONG ISLAND. I WOULDN'T AGREE WITH IT, BUT THE -- A LIVING WAGE

WOULD BE 30 BUCKS AN HOUR. WE CAN MANDATE THAT. BUT AS A RESULT OF

THAT MINIMUM WAGE, WHAT HAVE WE SEEN? WE ALL SEE IT ON THE WAY UP

WHEN WE TAKE THE NORTHWAY, COME UP ON THE THRUWAY. YOU'VE GOT

AUTOMATIC KIOSKS NOW IN THE FAST-FOOD RESTAURANTS. WHAT WILL BUSINESS

DO? THEY WILL TIGHTEN THINGS UP, AND THEY WILL ULTIMATELY ELIMINATE

JOBS OR HIRE A NUMBER OF PEOPLE PART-TIME WHO THEN CLEARLY WON'T BE

ABLE TO MAKE ENOUGH TO SUPPORT THEMSELVES. SO IT'S COUNTER-INTUITIVE,

BELIEVE IT OR NOT, THE WAY THAT I SEE THIS. AND THERE HAVE BEEN MANY

STUDIES IN THIS REGARD, MOST HAVE BEEN MENTIONED. BUT WHEN WE TAKE

NYS ASSEMBLY JUNE 19, 2019

THE MINIMUM WAGE, COUPLE THAT WITH PAID FAMILY LEAVE AND ALL THE

OTHER ASPECTS OF OUR CURRENT LABOR LAWS, WE HAVE THE FARM CREDIT EAST

PRE -- PREDICTS THAT THE INCREASE IN LABOR COSTS WILL BE APPROXIMATELY

$299 MILLION. SO $300 MILLION MORE IN LABOR COSTS TO OUR FARMERS.

WHAT DOES THAT CUT INTO? OBVIOUSLY, IT'S ALL NET PROFITS NOW THAT GET

REDUCED, UP TO 25 PERCENT. SO THE AUTOMATION ASPECT IS GOING TO

CERTAINLY SIGNIF -- DRAMATICALLY AFFECT ON THE DOWNSIDE THE WORKFORCE.

AND THERE ARE SOME -- THE -- THIS IS WELL-INTENDED. AND AGAIN, IT

SOUNDS WONDERFUL WHEN WE HEAR THESE FLOWERY COMMENTS AND PRESS

RELEASES ABOUT FAIRNESS AND EQUALITY, BUT THE LABORERS DON'T EVEN WANT

THIS. NO ONE HAS LOBBIED FOR THIS. THIS IS SOMETHING THAT SOUNDS LIKE A

GOOD IDEA BECAUSE WE THINK GOVERNMENT, AGAIN, KNOWS BEST. IT KNOWS

BETTER THAN EVERYONE ELSE. SO THIS IS GOING TO HAVE A SIGNIFICANT

DETRIMENTAL EFFECT -- EFFECT. AND -- AND WHEN I THINK ABOUT THE LAST

ASPECT OF IT, WE AGAIN, ARE -- ARE ABDICATING OUR DUTIES AS LEGISLATORS.

WHY DO WE HAVE A MYSTERY UNNAMED WAGE BOARD MAKING THE DECISIONS

ON THIS BILL? HOW MANY MORE TIMES ARE WE GOING TO DO THIS, FOLKS?

WE HAVE AN OB -- AN OBLIGATION TO DO THIS OURSELVES. WE HAD ZERO

PUBLIC HEARINGS. WHY CAN'T WE DO THIS? THAT'S WHAT WE'RE HIRED AND

ELECTED TO DO. WE HAVE CONGESTION PRICING. WE HAVE -- WELL, LET'S TALK

ABOUT THE FIRST COMMISSION. WE HAVE SEVERAL -- SEVERAL COMMISSIONS

THAT ARE UNNAMED THAT ARE GOING TO MAKE VERY SIGNIFICANT DECISIONS

ABOUT PUBLIC FINANCING, FUSION VOTING, CONGESTION PRICING. WE HAD ONE

THAT ALREADY DEALT WITH LEGISLATIVE INCOME, AND WHAT'S HAPPENED WITH

THAT SO FAR? WELL, THE SUPREME COURT SAID THEY WENT WELL BEYOND THEIR

NYS ASSEMBLY JUNE 19, 2019

AUTHORITY AND STRUCK MOST OF WHAT THEY DID. AND THOSE ARE SUPPOSED TO

BE EXPERTS. WE'RE THE EXPERTS. WE'RE PUT HERE FOR THAT REASON. SO WHY

ARE WE DOING THIS AGAIN? WE HAVE AN UNNAMED WAGE BOARD THAT CAN

BASICALLY CHANGE THIS LAW WITHOUT FURTHER LEGISLATIVE ACTION, AND EVEN

MAKE THIS WORSE THAN IT CURRENTLY IS.

SO FOLKS, THERE WERE SOME GENERALLY GOOD IDEAS, AND

WE GET IT. BUT THIS IS NOT THE WAY TO DO IT. WE SHOULD BE VOTING NO ON

THIS LEGISLATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. CRUZ.

MS. CRUZ: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. CRUZ: I WANT TO THANK MY COLLEAGUES OVER IN

THE SENATE AND HERE IN THE ASSEMBLY FOR SPONSORING THIS BILL. I BEGAN

WORKING ON THE ISSUE OF FARMS WORKERS' RIGHTS ABOUT TEN YEARS AGO.

THE DENIAL OF FUNDAMENTAL WORKERS' RIGHTS TO FARM WORKERS IS NOT ONLY

INCONSISTENT WITH THE VALUES OF NEW YORK STATE, IT'S INCONSISTENT WITH

THE PRINCIPLES OF INTERNATIONAL HUMAN RIGHTS. IT HAS BEEN OVER 80 YEARS

SINCE NEW YORK PASSED ITS FIRST COMPREHENSIVE LABOR LAW TO ADDRESS

WORKER EXPLOITATION. AND FOR 80 YEARS, THE MEN AND WOMEN WHO DO

THE BACK-BREAKING WORK OF TILLING THE LAND WE LOVE AND HARVESTING THE

FOOD THAT WE EAT HAVE BEEN EXCLUDED FROM PROTECTIONS OF THE LAW THAT

WE ALL GET. FOR 80 YEARS, FARM WORKERS HAVE NOT HAD ACCESS TO THE

RIGHTS THAT ALL OF US WOULD GET -- HOURLY WORKERS, INCLUDING MYSELF, THAT

NYS ASSEMBLY JUNE 19, 2019

I WAS ONCE AN HOURLY WORKER. FOR 80 YEARS, THIS VALUABLE WORKFORCE

HAS BEEN EXCLUDED FROM THE RIGHT TO FAIR PAY, A HUMANE WORK SCHEDULE,

SAFE WORKING CONDITIONS, AND EVEN THE RIGHT TO ORGANIZE AND ENGAGE IN

COLLECTIVE BARGAINING TO TRY TO IMPROVE THEIR WORK SITUATION. HOW CAN

THIS BE? THE SIMPLE ANSWER IS THAT IN LIKE -- IN MANY STATES, NEW

YORK'S LABOR LAWS WERE MODELED AFTER FEDERAL LABOR LAWS WHICH WERE

PART OF THE FDR NEW DEAL LEGISLATION BACK IN THE 1930'S. AT THAT TIME,

IN ORDER TO WIN SUPPORT, LAWMAKERS -- IN ORDER TO WIN SUPPORT OF

LAWMAKERS IN THE JIM CROW SOUTH, FDR HAD TO AGREE TO EXCLUDE

AGRICULTURAL WORKERS FROM THE LAW, WHO AT THAT TIME WERE MOSTLY

AFRICAN-AMERICANS LABORERS. TODAY THE WORKFORCE IS STILL ALMOST

COMPLETELY COMPRISED OF PEOPLE OF COLOR. BUT NOW THEY'RE

UNDOCUMENTED AND BROWN. AND THEY'RE STILL TREATED AS SECOND-CLASS

CITIZENS. NOT EVEN CITIZENS, AS LESS THAN HUMAN. IT'S LONG LAST PAST TIME

THAT NEW YORKERS -- THAT LAWMAKERS ACTED AND CORRECTED THIS INJUSTICE

AND PUT AN END TO THE LAST VESTIGES OF THE JIM CROW ERA AND MAKE GOOD

ON OUR PROMISE TO BE ONE OF THE MOST ECONOMICALLY-PROGRESSIVE AND

PRO-LABOR STATES IN THE NATION. TO STAND HERE AND SAY THAT ANY HUMAN

WOULD WORK MORE THAN 70 HOURS A WEEK AND NOT COMPLAIN ABOUT BEING

ACTING SPEAKER AUBRY: MR. TAGUE, WHY DO

YOU RISE?

MR. TAGUE: I WAS SITTING DOWN.

ACTING SPEAKER AUBRY: OH.

(LAUGHTER)

NYS ASSEMBLY JUNE 19, 2019

WELL, MR. TAGUE, SOMETIMES WHEN YOU STAND AND YOU

PUT YOUR LIGHT ON IT MEANS YOU WANT TO ASK A QUESTION OR ASK SOMEONE

TO YIELD.

MR. TAGUE: WELL, MY BACK'S A LITTLE SORE, SO....

(LAUGHTER)

ACTING SPEAKER AUBRY: WELL, STRETCH, MR.

TAGUE.

MS. CRUZ: PLUS, WE'VE BEEN HERE FOR A LONG TIME.

ACTING SPEAKER AUBRY: I'M SORRY, MS. CRUZ.

WE DON'T MEAN TO INTERRUPT YOU, BUT WE WOULD ASK FOR A LITTLE QUIET IN

THAT VICINITY OVER UNDER THE EAVE. THANK YOU.

MS. CRUZ: THIS ACTUALLY IS GREAT TO MY NEXT POINT.

TO STAND HERE AND SAY THAT ANY HUMAN WOULD WORK MORE THAN 70 HOURS

A WEEK AND NOT COMPLAIN ABOUT BEING TIRED AND EXHAUSTED BECAUSE

THEY'RE THANKFUL TO HAVE THIS JOB IS DISINGENUOUS. WE'VE BEEN IN THIS

CHAMBER FOR ALMOST 40 HOURS IN THREE DAYS AND WE ARE COMPLAINING.

FOR APPROXIMATELY FIVE YEARS I TRAVELED THROUGHOUT THE STATE OF NEW

YORK VISITING FARMS IN BEAUTIFUL BATAVIA AND THE HUDSON VALLEY,

WINERIES IN LONG ISLAND, AND MANY OTHER BEAUTIFUL LOCATIONS AROUND

OUR STATE. DURING MY TIME WORKING ON THIS ISSUE, I ORGANIZED LISTENING

SESSIONS ALL AROUND THE STATE, AND I REMEMBER ONE PARTICULAR ONE IN

BATAVIA WITH ALMOST 100 FARMERS AND 200 WORKERS AND COMMUNITY

MEMBERS. I'VE SPOKEN TO SMALL FARM OWNERS, DAIRY FARMERS. I'VE

SPOKEN TO FARM LABOR CONTRACTORS AND I'VE SPOKEN TO WORKERS. I WORKED

ALONGSIDE COMMISSIONER BALL AND COMMISSIONER REARDON, AND I SAT

NYS ASSEMBLY JUNE 19, 2019

HOURS AND HOURS WITH THE FARM BUREAU AND ITS MEMBERS. I MAY BE A

CITY KID, BUT I FULLY UNDERSTAND THE CONCERNS OF BOTH SIDES. AND TO

IMPLY THAT THE SPONSOR OR ANY OF US CITY FOLK ARE INCAPABLE OF

UNDERSTANDING WHAT HAPPENS IN A FARM, THE NEEDS OF A FARMER OR A

WORKER IS, FRANKLY, INSULTING TO OUR INTELLIGENCE.

(APPLAUSE)

I STEPPED FOOT ONTO MANY FARMS, AND I SAW FIRSTHAND

THAT MANY FARMERS, INDEED, TREAT THEIR WORKERS LIKE FAMILY. BUT MANY

TIMES THEY ALSO TREAT THEM AS COMMODITIES, SOLELY TO HELP THEM MAKE

MONEY. FOR MANY, THESE HUMAN BEINGS ARE DISPOSABLE CHEAP LABOR.

I'VE ALSO ENTERED FARMS THAT PROVIDE HOUSING. SOME OF THESE FARMS'

HOUSING, IT'S GREAT. SOME LOOK LIKE I WAS BACK IN A THIRD-WORLD COUNTRY

AND WOULD MAKE MANY OF YOU CRY. SEVERAL TIMES I HAD TO ENTER THESE

FARMS WITH THE STATE POLICE IN ORDER TO PULL OUT WORKERS BECAUSE THEY

WERE LIVING IN INHUMANE CONDITIONS AND WERE TERRIFIED OF CONTINUING TO

WORK THERE. AND LET ME TELL YOU THE STORY OF TOMAS, WHOSE NAME I

CHANGED FOR HIS SAFETY. HE FOUND HIS JOB THROUGH A WORKER CO-OP. HE

TRUSTED THE FARM OWNER, AND INITIALLY HE WAS TREATED WELL. BUT

EVENTUALLY HIS EMPLOYER BEGAN TO PUT PROFIT OVER HIS WORKERS. HE

WOULDN'T LET HIM REST OR EVEN HAVE LUNCH. HE WOULD TAKE -- HE WOULD

WET HIS BOOTS AND HE COULDN'T CHANGE THEM BECAUSE HE HAD TO CONTINUE

WORKING. AND WHEN WE RESCUED HIM, HIS FEET WERE SO COVERED BY

FUNGUS THAT MAN COULDN'T WALK. A COMMUNITY ORGANIZATION TRIED TO

HELP HIM AND HIS COWORKER, AND WHEN THE OWNER FOUND OUT THAT HIS

COWORKER WAS TALKING TO AN ORGANIZATION, HE FIRED THE COWORKER. AND

NYS ASSEMBLY JUNE 19, 2019

HE THREATENED TOMAS. THE FARM OWNER HAD A WEAPON, AND THE WORKER

WAS AFRAID. AND SO HE CALLED US AND WE WENT AND PULLED HIM OUT. AND

TO STAND HERE AND SAY THAT YOU'VE NEVER MET A WORKER WHO'S BEEN

FORCED TO WORK ON A FARM? WELL, I HAVE. DURING MY TIME DOING THIS

WORK I MET MORE THAN 50 OF THEM. TO STAND HERE AND SAY THAT THESE

WORKERS WANT TO WORK IN THESE CONDITIONS, YOU ARE WRONG. THEY DON'T

WANT TO WORK, THEY NEED TO WORK. THEY HAVE NO CHOICE BUT TO WORK

UNDER THESE HORRIFIC CONDITIONS BECAUSE THEY NEED TO SURVIVE AND TO

PROVIDE FOR THEIR FAMILY, JUST LIKE YOU AND I DO. AND TO STAND HERE AND

SAY THAT YOU OWN A FARM AND YOU HAVE WORKERS WHO WORK 15 HOURS AND

HAVE NEVER COMPLAINED, THEN YOU WERE NOT LISTENING TO THEM. AND TO

IMPLY THAT PAID FAMILY LEAVE SHOULD BE INFLUENCED BY THE GROWING

SEASON IS INHUMANE. YOU AND I CAN'T SCHEDULE WHEN WE'RE GOING TO GET

SICK; WHY SHOULD THEY? YOU AND I CAN'T SCHEDULE WHEN I'M GOING TO

GIVE BIRTH; WHY SHOULD THEY?

(APPLAUSE)

THIS BILL IS NOT TURNING THE FARMING INDUSTRY INTO A 9 TO

5. IF YOU READ THE BILL YOU WOULD KNOW THAT. SO PLEASE STOP BEING

DISINGENUOUS AND SPEAK TRUTH. THIS BILL IS SEEKING TO TREAT WORKERS

WHO DO THE HARDEST JOB IN OUR STATE WITH DIGNITY AND RESPECT. THE

DIGNITY AND RESPECT THAT YOU AND I DESERVE AND THAT WE WOULD WANT OUR

CHILDREN TO HAVE. TO PUT PROFIT OVER HUMANITY OF THE WORKERS IN OUR

STATE IS SHAMEFUL. TO SAY THAT WE SHOULD CONTINUE SLAVE-LIKE

CONDITIONS IN MANY OF OUR WORK SITES BECAUSE WE WANT TO MAKE SURE

PEOPLE CAN MAKE MONEY IS SHAMEFUL. SO THAT OUR FRUITS CAN REMAIN

NYS ASSEMBLY JUNE 19, 2019

CHEAP AND YOU AND I CAN GO BUY A $2.99 GALLON OF MILK IS SHAMEFUL. I

WILL GLADY PAY MORE IF IT MEANS THAT PEOPLE ARE TREATED WITH DIGNITY.

WE ARE BEING ASKED TO STAND UP FOR FARMERS, BUT WHO'S

GOING TO STAND UP FOR THE HUMANS THAT CULTIVATE OUR FOOD? MR.

SPEAKER, I AM. AND I WILL LATER BE VOTING IN THE AFFIRMATIVE AND I URGE

MY COLLEAGUES TO DO THE SAME.

(APPLAUSE)

ACTING SPEAKER AUBRY: THANK YOU. SHH,

SHH. LADIES AND GENTLEMEN...

MR. DANIEL STEC.

MR. STEC: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. STEC.

MR. STEC: THANK YOU. WOW. WE HAVE A VERY

DIVERSE BUNCH HERE IN THE CHAMBER. AND THAT'S -- THAT'S A POSITIVE.

WE'VE GOT A LOT OF DIFFERENT EXPERIENCES, LIFE EXPERIENCES. FROM

CHILDHOOD UP TO OLD ENOUGH TO BE GRANDPA. WHEN WE'VE GOT A LAW

ENFORCEMENT ISSUE THAT COMES UP FOR DEBATE, I THINK WE'RE BLESSED TO

HAVE A LOT OF POLICE OFFICERS, FORMER LAW ENFORCEMENT OFFICIALS HERE SO

WE CAN DRAW FROM THEIR EXPERIENCE. THAT MATTERS. WE MAY NOT ALWAYS

AGREE WITH THEIR CONCLUSION, BUT I'D BE THE FIRST TO SAY, YOU KNOW, A GUY

THAT WALKED THE BEAT FOR 20 YEARS AND THEN VOLUNTEERS HIS TIME AND

SERVICE TO THE STATE, COMING HERE, THAT PERSON PROBABLY KNOWS A LOT

MORE ABOUT LAW ENFORCEMENT THAN I DO, AND I PAY ATTENTION. AS IS

PROBABLY THE CASE FOR ANY LEGISLATURE, WE'VE GOT A LOT OF LAWYERS IN THE

NYS ASSEMBLY JUNE 19, 2019

ROOM. LOVE THEM OR DON'T LOVE THEM, THEY KNOW A LOT ABOUT THE LAW,

THEY ALL HAVE A LOT OF EXPERIENCE IN COURTS. SO WHEN WE START TALKING

ABOUT COURT MATTERS AND OCA ISSUES, BEING A GOOD GUY/NON-ATTORNEY

THAT I AM, I LIKE TO DRAW FROM THEIR EXPERIENCE. I LIKE TO HEAR WHAT

SOMEBODY KNOWS WHAT A COURTROOM IS LIKE SO I CAN BENEFIT FROM THEIR

-- THEIR KNOWLEDGE AND THEIR WISDOM AND EXPERIENCE. NOW, THE NICE

THING ABOUT THIS BILL IS, IT'S A FARM BILL. AND WE ALL KNOW WHERE THE

FARMS ARE IN OUR STATE, AND WE ALL KNOW WHERE THEY ARE NOT. AND

UPSTATE, WE'VE GOT FARMS IN WESTERN NEW YORK. WE'VE HEARD FROM

SOME COLLEAGUES FROM WESTERN NEW YORK, WE'VE HEARD FROM

COLLEAGUES IN CENTRAL NEW YORK. NOW YOU'RE GOING TO HEAR FROM A

COLLEAGUE FROM THE NORTH COUNTRY THAT REPRESENTS FOUR COUNTIES, 41

TOWNS AND THE CITY. A LOT OF FARMS IN EACH OF THOSE FOUR COUNTIES. ALL

RIGHT, SO I KNOW WHAT A FARM LOOKS LIKE AND I'VE DRIVEN BY ONE. AND

WE'VE GOT GROCERY STORES AND RESTAURANTS IN MY DISTRICT, TOO. BUT WHAT

ARE MY PERSONAL BONAFIDES? IT'S VERY EASY TO CARRY A BILL THAT DOESN'T

AFFECT ANYONE IN YOUR DISTRICT. YOU'RE NOT GOING TO TICK OFF ANY OF YOUR

VOTERS IF YOU GET IT WRONG. BUT WE'RE TALKING ABOUT THE AGRICULTURE

SECTOR. THIS IS NOT NAIL SALON LEGISLATION THAT WE'RE DEALING WITH. THIS

IS THE BIGGEST ECONOMY SECTOR OF OUR STATE. IF WE SCREW THIS UP, THERE'S

PROBLEMS. AND THE BAD NEWS AND WHAT MAKES IT A LITTLE WORSE IS, WE

DON'T HAVE A LOT OF MARGIN FOR ERROR IN NEW YORK STATE. WE'RE AT THE

BOTTOM OF A LOT OF THE WRONG LISTS. AND ONE OF OUR COLLEAGUES MADE

THIS POINT AND I WANTED TO DRIVE IT HOME BECAUSE IT'S TRUE IN WESTERN

NEW YORK, IT'S TRUE IN UPSTATE NEW YORK, IN THE NORTH -- IN THE NORTH

NYS ASSEMBLY JUNE 19, 2019

COUNTRY, ABOUT DAIRY FARMS. NOW, MY PERSONAL BONAFIDES, WHILE I WAS

SERVING IN THE NAVY, MY WIFE AND I BOUGHT A DAIRY FARM. WE'VE OWNED

A DAIRY FARM. I DIDN'T SAY I WAS A DAIRY FARMER, WE OWNED A DAIRY FARM.

AND I WATCHED DAIRY FARMER AFTER DAIRY FARMER WORK THE FARM THAT I

OWNED, TRYING TO MAKE IT -- ENDS MEET. I SAW HOW DIFFICULT IT WAS FOR

THAT TENANT OF MINE TRY TO OPERATE AND MAKE A BUCK. AND ONE THING THAT

I DID LEARN A LITTLE BIT ABOUT IS DAIRY FARMERS CANNOT SET THEIR PRICES.

THE YANKEES GO OUT AND GET MORE TALENT. THEY NEED TO PAY THAT TALENT.

THEY CAN RAISE TICKET PRICES, GOD BLESS THEM. THEY BETTER BE IN FIRST

PLACE. BUT DAIRY FARMERS CANNOT SET THE PRICE. THEY'RE CAPPED. IT'S SET

FEDERALLY. SO OUR DAIRY FARMERS ARE CONSTRAINED BY A PRICE STRUCTURE

THAT IS SET BY OTHER STATES THAT ARE DOING IT CHEAPER. AND SO IF WE'RE --

THE PRICE OF MILK IS $16 OR $17 A HUNDRED WEIGHT AND THEIR COSTS TO

PRODUCE ALREADY IN NEW YORK STATE IS $19, $20, $21 A HUNDRED WEIGHT

-- THAT'S RIGHT, THIS ISN'T HIGH MATH -- THEY ARE LOSING MONEY. OUR FARMS,

OUR DAIRY FARMS ARE OPERATING AT LOSSES. WHO IN THEIR RIGHT MIND WOULD

OPERATE SOMETHING AT A LOSS YEAR IN AND YEAR OUT? WELL, PEOPLE THAT

LOVE IT, PEOPLE THAT VALUE IT, PEOPLE THAT INHERITED IT. PEOPLE THAT ONLY

KNOW THIS. THEY'RE GOING SLUG IT OUT, HOPING THAT ONE DAY, NEW YORK'S

GOING TO DO SOMETHING THAT HELPS THEM. THAT HASN'T HAPPENED YET.

WELL, YOU KNOW, WE'RE NOT LOSING FARMS. LOOK AT OUR LEGISLATION IN THIS

CHAMBER. YOU GO IN THERE AND YOU GO INTO LRS AND YOU SEE THE BILLS

THAT ARE OUT THERE THAT ARE SUBSIDIZING FARMS, THAT ARE PROVIDING GRANTS

TO FARMS, THAT ARE BENDING OVER BACKWARDS TO PRESERVE OPEN SPACE THAT

IS FARMS SO THAT THEY DON'T GET TURNED INTO SUBDIVISIONS. THE VALUES

NYS ASSEMBLY JUNE 19, 2019

THAT WE SEE, THE CONCERNS THAT WE SEE FOR OUR FARMS AND OUR FUTURE OF

OUR FARMERS IS WITNESSED IN THE LEGISLATION THAT OUR COLLEAGUES HAVE PUT

IN.

SO, WE'RE TRYING TO PRESERVE OUR FARMERS. THE DAIRY

FARMERS ARE CERTAINLY LOSING MONEY. SOMETHING'S GOING TO GIVE SOONER

OR LATER, AND THEY CAN'T RAISE THEIR PRICES. SO THEIR -- THEIR HANDS ARE

TIED. THIS IS THE SAME STORY IN THE NORTH COUNTRY. IT'S THE SAME STORY

ON THE DAIRY FARM THAT I ONCE OWNED AS IT IS IN THE DAIRY FARMS THAT

WE'RE HEARING ABOUT IN WESTERN NEW YORK.

NOW, THE INTERESTING THING THAT WE'RE GOING TO SEE

WHEN WE VOTE IS - AND I HOPE THAT OUR COLLEAGUES PAY ATTENTION TO - LIKE

I SAID, I WOULD BE THE LAST GUY TO TRY TO OPINE OR GIVE WISDOM ON THE

DOES AND DON'TS OF MASS TRANSIT IN OUR URBAN AREAS. NOT AN ISSUE IN MY

DISTRICT. BUT MY DISTRICT, THE DISTRICT TO THE NORTH OF ME REPRESENTED BY

A COLLEAGUE ON THE OTHER SIDE OF THE AISLE, THE DISTRICT TO THE SOUTH OF ME

REPRESENTED BY A COLLEAGUE OF MINE ON THE OTHER SIDE OF THE AISLE,

DISTRICTS ON BOTH SIDES OF THE AISLE IN UPSTATE NEW YORK THAT HAVE

FARMS, YOU WATCH HOW WE VOTE. I CAN TELL YOU THAT I HAVE NOT HAD A

SINGLE FARM WORKER IN MY SEVEN YEARS IN THE ASSEMBLY EVER WALK INTO

MY OFFICE OR CALL MY OFFICE AND EXPRESS A BURNING DESIRE FOR THIS BILL.

AND THIS BILL HAS BEEN AROUND A LOT LONGER THAN THE SEVEN YEARS THAT I

HAVE. ALL RIGHT?

SO I IMPLORE YOU, THIS IS NOT A GOOD BILL FOR

AGRICULTURE, OUR BIGGEST SECTOR OF OUR ECONOMY. THIS IS NOT A BILL THAT

THE AVERAGE FARM WORKER, AT LEAST IN MY DISTRICT, IS ASKING FOR. THIS IS A

NYS ASSEMBLY JUNE 19, 2019

BILL THAT THE FARM BUREAU AND THE FARM OWNERS THAT I KNOW AND I

SUSPECT THAT WE ALL KNOW AND OUR FRIENDS AND NEIGHBORS ALL OVER THE

STATE WILL TELL YOU IS ANOTHER STRAW ON THE CAMEL'S BACK, AND YOU'RE

MESSING AROUND WITH THE BIGGEST PART OF THIS STATE'S ECONOMY.

I WILL BE VOTING NO. I ENCOURAGE ALL OF MY COLLEAGUES

TO FOLLOW SUIT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

MS. NOLAN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. MANKTELOW: THANK YOU, MADAM. JUST A

COUPLE OF QUICK QUESTIONS FOR YOU. ON -- WHEN THIS -- WHEN THIS BILL

WAS CREATED ON THE WAGE BOARD, WAS THERE EVER ANY CONSIDERATION TO

PUTTING SOME FARMERS ON THERE FROM EVERY PART OF THE STATE?

MS. NOLAN: THE WAGE BOARD WILL CONDUCT PUBLIC

HEARINGS AND CONSULT WITH AGRICULTURAL EMPLOYERS, FARM LABORERS, THE

COMMISSIONER OF LABOR AND THE COMMISSIONER OF AGRICULTURE AND

MARKETS. AS I MENTIONED, THE COMMISSIONER OF AGRICULTURE AND

MARKETS WILL HAVE A UNIQUE ROLE HERE. AND THE WAGE BUREAU WILL HAVE

ON IT A REPRESENTATIVE OF THE FARM BUREAU, WHICH I WANT TO SAY AGAIN,

WE HAVE WORKED WITH EXTENSIVELY, MET WITH MANY, MANY TIMES OVER

MANY, MANY YEARS TO TRY, IN THIS BILL, TO PUT OUT SOME COMPROMISES TO

DEAL WITH CONCERNS ADDRESSED.

NYS ASSEMBLY JUNE 19, 2019

MR. MANKTELOW: OKAY. SO THERE WAS -- THERE

WAS NEVER ANY CONSIDERATION TO PUTTING A FARMER ON THE WAGE BOARD?

MS. NOLAN: WELL, THE -- THE FARMER IS THERE

THROUGH THE FARM BUREAU.

MR. MANKTELOW: OKAY, BUT THAT'S NOT A FARMER.

THEY'RE -- THEY REPRESENT OUR FARMS. THEY DO A VERY GOOD JOB AT THAT,

BUT THEY'RE NOT FARMERS.

MS. NOLAN: WELL, MR. SPEAKER, I'VE BEEN LED TO

BELIEVE THAT MANY OF THE PEOPLE WHO WORK AT THE FARM BUREAU ARE

FARMERS AT SOME TIME IN THEIR LIFE, AND THEY REPRESENT THEMSELVES THAT

WAY AT THE ROUNDTABLE AND AT THE HEARINGS THAT HAVE BEEN HELD. I WANT

TO REMIND MY COLLEAGUES THAT THERE WERE THREE HEARINGS THIS YEAR ALONE,

AND THERE WAS A ROUNDTABLE THAT WENT ON ALL DAY, AS I -- I GUESS THIS

DEBATE WILL BE DOING -- TO MAKE SURE THAT WE LISTENED TO THE VOICES OF

THE FARM BUREAU AND THE FARMERS OF OUR STATE, AS WELL AS THE FARM

LABORERS.

MR. MANKTELOW: I'M SORRY, I DIDN'T -- I DIDN'T

HEAR THAT LAST PART OF YOUR ANSWER.

MS. NOLAN: THE -- THE WAGE BOARD WILL HAVE AN

EMPLOYER -- AN EMPLOYER COMPONENT. THE AFL-CIO WILL REPRESENT THE

EMPLOYEE, AND THE FARM BUREAU WILL REPRESENT THE EMPLOYERS, THE

FARMERS, THE OWNERS OF FARMS.

MR. MANKTELOW: OKAY. SO IF THIS BILL DOES PASS

AND IT GOES INTO LAW, IN -- IN THE PART OF THE LAW OR PART OF THE BILL THAT I

READ, IF THE UNION DOES FORM AND THE BOARD ALLOWS -- IF THE -- IF WE'RE

NYS ASSEMBLY JUNE 19, 2019

HAVING NEGOTIATIONS AND IT ENDS UP GOING INTO IMPASSE, WHO WILL COVER

THE COST OF THE MEDIATOR FOR THE IMPASSE?

MS. NOLAN: ONE OF THE STUDIES -- THE FISCAL POLICY

INSTITUTE WAS TALKING ABOUT LESS THAN 2 PERCENT OF AN INCREASE IN COST. I

WANT TO REMIND THE COLLEAGUES THAT THOUGH THE BILL EXTENDS COLLECTIVE

BARGAINING RIGHTS AND WOULD DEEM INDIVIDUALS EMPLOYED AS FARM

LABORERS TO BE EMPLOYEES UNDER THE NEW YORK STATE LABOR RELATIONS

ACT, GRANTING THEM THE RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY, IT

DOES NOT MANDATE THAT. AND MANY OF THE STUDIES THAT I HAVE GOING ALL

THE WAY BACK, YES, INDEED, TO 1991, GOVERNOR CUOMO AND CORNELL;

1993, STATE SENATOR OLGA MENDEZ AND ASSEMBLYMAN HECTOR DIAZ

POINT OUT THAT IT WILL PROBABLY TAKE YEARS TO ORGANIZE FARM LABORERS INTO

UNIONS. SO THERE IS NO SUGGESTION THAT TOMORROW EVERYTHING CHANGES.

THIS WILL BE A GRADUAL PROCESS. I ALSO WANT TO REMIND THE COLLEAGUES

THE START DATE IS JANUARY 1ST, 2020 FOR THE 60-HOUR TRIGGER. AGAIN, A

SIGNIFICANT CHANGE AND A SIGNIFICANT -- CERTAINLY TO ME, A CHANGE IN OUR

BILL, OUR ORIGINAL BILL, FROM 40 TO 60. BUT WE LISTENED TO THE VOICES OF

FARMERS. I WANT TO STRESS THAT AGAIN TO MY COLLEAGUES TODAY. WE

LISTENED TO THE VOICES OF FARMERS. THEY SAID THEY COULD NOT START AT 40,

SO WE ARE STARTING AT 60.

MR. MANKTELOW: OKAY. AND -- AND THERE'S BEEN

CONVERSATION THAT CALIFORNIA HAS ALREADY DONE THIS, CORRECT?

MS. NOLAN: YES, CALIFORNIA -- I HAVE THE DATA IF

YOU WOULD LIKE.

MR. MANKTELOW: THAT'S OKAY. JUST YES OR NO IS

NYS ASSEMBLY JUNE 19, 2019

FINE. CALIFORNIA HAS ALREADY DID THIS?

MS. NOLAN: CALIFORNIA HAS AN EFFECTIVE DATE FOR 55

HOURS A WEEK AS OF JANUARY 1ST OF THIS YEAR FOR FARM EMPLOYERS WITH 26

OR MORE EMPLOYEES.

MR. MANKTELOW: OKAY.

MS. NOLAN: FOR PEOPLE WITH 25 OR FEWER IT WILL BE

2022. ON JANUARY 1ST, 2020, THEY'LL GO TO 50 HOURS, SO THEY'LL BE 10

HOURS LESS, 10 HOURS LESS THAN NEW YORK. WE -- WE'RE 10 HOURS BEHIND

THEM, OKAY? AND THEN FOR THE FEWER THAN 25 IT'S 2023. AND THEN 45

HOURS IN 2021 AND 40 IN 2022. AND FOR THE FEWER THAN 25, 2025. SO

WE WILL ACTUALLY BE WAY BEHIND THEM IF WE EVER CATCH UP, IN THE SENSE,

FROM THE POINT OF VIEW OF THE EMPLOYEE BECAUSE THE WAGE BOARD

COULD, INDEED, SAY 60 HOURS FOR THE FORESEEABLE FUTURE. AND WE GAVE

THAT CONCESSION TO THE WAGE BOARD AND TO THE FARMERS AND THE FARM

BUREAU. THE FARM BUREAU IS GOING TO BE ON THE WAGE BOARD. THE

COMMISSIONER OF LABOR HAS TO TALK TO THE COMMISSIONER OF

AGRICULTURE. THOSE ARE UNIQUE TO THIS WAGE BOARD, UNLIKE, SAY,

TRANSPORTATION OR HEALTH OR SOME OF THE OTHER WAGE BOARDS, DIFFERENT

WORKERS IN THE FOOD INDUSTRY, ET CETERA, ET CETERA. SO WE HAVE LISTENED

TO THE CONCERNS EXPRESSED. AND I WANT TO CORRECT SOME OF THE

MISINFORMATION. I DON'T GET UP AND ASK PEOPLE TO YIELD, BUT I MUST, IN

ANSWERING YOUR QUESTION, CORRECT SOME OF THE INFORMATION THAT OTHERS

HAVE SAID HERE. THE WAGE BOARD IS THE MECHANISM THAT THE FARM

BUREAU AND FARMERS WILL HAVE TO MAKE THEIR CASE. AND THANK YOU FOR

LETTING ME EXPLAIN IT.

NYS ASSEMBLY JUNE 19, 2019

MR. MANKTELOW: OH, ABSOLUTELY. DO YOU KNOW

WHAT PERCENT OF THE WORKERS IN CALIFORNIA HAVE UNIONIZED?

MS. NOLAN: I'M SORRY?

MR. MANKTELOW: DO YOU KNOW WHAT PERCENT OF

THE AG WORKERS IN CALIFORNIA UP TO NOW HAVE UNIONIZED?

MS. NOLAN: IT -- IT'S -- AS IS OFTEN THE CASE, MR.

SPEAKER, IT'S PROBABLY A SMALLER PERCENTAGE. BUT ONCE COLLECTIVE

BARGAINING RIGHTS ARE ESTABLISHED, ALL EMPLOYERS USUALLY UP THEIR GAME

AND TRY TO DO RIGHT BY THEIR EMPLOYEES. I -- I WORKED IN A DEPARTMENT

STORE CALLED A&S. UNFORTUNATELY, TRIED TO GET A UNION IN THERE AS A

YOUNG WOMAN, THEY WEREN'T LOVING THAT. BUT MACY'S DOWN THE STREET

HAD A UNION, AND SO OUR WAGES AND -- AND PRIVILEGES USUALLY FOLLOWED

-- WHATEVER THE MACY'S EMPLOYEES ON QUEENS BOULEVARD GOT, THE A&S

EMPLOYEES GOT ABOUT SIX MONTHS LATER. SO WHAT HAPPENS IS YOU SET A --

YOU SET A FLOOR. COLLECTIVE BARGAINING RIGHTS SET A FLOOR AND THEN IT

FOLLOWS.

MR. MANKTELOW: SO YOU -- YOU DON'T KNOW THE

ANSWER TO THE QUESTION, THEN, WHAT PERCENT?

MS. NOLAN: SMALL -- I -- I THINK IT CAME UP EARLIER

IN THE DEBATE. WHAT WAS IT, 10 PERCENT? ONE OF YOUR COLLEAGUES

ACTUALLY READ IT INTO THE RECORD EARLIER THAT IT WAS A SMALL PERCENT, SO...

MR. MANKTELOW: A SMALL PERCENTAGE. OKAY, SO

-- SO MORE THAN LIKELY, IF WE CONTINUE TO FOLLOW CALIFORNIA, THERE'S

GOING TO BE A CHANCE THAT SOMEBODY HERE WILL UNIONIZE IN OUR STATE.

OKAY. I -- I APPRECIATE THOSE ANSWERS. THE NEXT QUESTION I HAD FOR

NYS ASSEMBLY JUNE 19, 2019

YOU, EARLY ON YOU HAD TALKED ABOUT A WORKER THAT WAS IN, WAS IT SUFFOLK

COUNTY? AND THE INDIVIDUAL ONLY MADE $28,000.

MS. NOLAN: YES. YES. HIS BEST YEAR, HE SAID.

THAT WAS HIS BEST YEAR.

MR. MANKTELOW: THAT WAS HIS BEST YEAR.

MS. NOLAN: IT MIGHT HAVE BEEN $29-, BUT HIS BEST

YEAR.

MR. MANKTELOW: IT WAS WHAT? PARDON ME?

MS. NOLAN: I'M TRYING TO REMEMBER NOW, BUT I

DON'T HAVE THE TRANSCRIPT IN FRONT OF ME. IT MIGHT HAVE BEEN $29,000

HIS BEST YEAR.

MR. MANKTELOW: OKAY.

MS. NOLAN: $28- OR $29-.

MR. MANKTELOW: DOES -- DOES THAT INDIVIDUAL

STILL WORK FOR THE SAME FARM, DO YOU KNOW?

MS. NOLAN: HE RETIRED THIS YEAR. THAT'S WHY HE

WAS ABLE TO COME TO THE HEARING, BECAUSE HE'S NOT WORKING ANYMORE.

MR. MANKTELOW: OKAY.

MS. NOLAN: AND HE WAS, BY THE WAY, A LEGAL

RESIDENT OF THE UNITED STATES, WAS HERE LEGALLY. WAS VERY PROUD OF

THAT, PROUD OF HIS CHILDREN WHO WERE AMERICAN CITIZENS AND HAD

ACHIEVED MORE THAN HE HAD. BUT HIS COMMENTS WERE THAT IF HE HAD HAD

A BETTER WORKING CONDITION AND A UNION, HE WOULD HAVE BEEN ABLE TO DO

MORE FOR HIS CHILDREN AND FOR HIMSELF AND CONTRIBUTED MORE TO THE

SUFFOLK ECONOMY. AND I WOULD RECOMMEND TO MY COLLEAGUES WHO DID

NYS ASSEMBLY JUNE 19, 2019

NOT ATTEND THE HEARINGS AND THE ROUNDTABLE THAT YOU GO BACK -- AND IT'S

ALL ONLINE NOW, EASY TO ACCESS, YOU CAN SEE IT FOR YOURSELF. AND WE

THANK SENATOR RAMOS AND OUR COLLEAGUES IN THE SENATE FOR HOLDING

THOSE HEARINGS. THE ONE IN SUFFOLK WAS ATTENDED BY SENATOR BOYLE AS

WELL. THERE WERE MEMBERS OF BOTH PARTIES THERE, AND I APPRECIATE THE

COLLEAGUES WHO TOOK THE TIME TO SPEND SIX AND SEVEN HOURS AT THESE

HEARINGS.

MR. MANKTELOW: OKAY. SO HE -- HE -- YOU

STATED HE RETIRED BECAUSE HE JUST COULDN'T MAKE A GO OF IT BECAUSE HE

WASN'T MAKING ENOUGH MONEY AT THE TIME.

MS. NOLAN: WELL -- WELL, NO. HE WAS -- HE WAS

ABOUT MY AGE -- SINCE AGE HAS COME UP -- PROBABLY ABOUT 60, 61, AND

HE HAD A LOT -- A NUMBER OF INJURIES AND HE COULDN'T WORK ANYMORE. I

MEAN, ONE OF THE REALITIES IS IF YOU WORK AT BACK-BREAKING WORK FOR 60

OR 65 HOURS A WEEK FOR 20 YEARS, YOU'RE GOING TO HAVE SOME INJURIES AT

THE END OF IT AND CUT THE CAREER SHORT, AND THAT'S WHAT HAPPENED TO HIM.

MR. MANKTELOW: I FULLY AGREE WITH YOU ON THAT

ONE, BELIEVE ME. SO, YOU HAD -- HAD ALSO STATED HE WORKED 60, 70, 80

HOURS A WEEK?

MS. NOLAN: I -- I BELIEVE HE SAID THE MOST HE

THOUGHT HE HAD WORKED IN A WEEK WAS 70-PLUS, 75. I DON'T WANT TO --

BECAUSE AT THE ROUNDTABLE OTHER WORKERS WERE TALKING ABOUT WORKING A

70-HOUR WEEK, SO -- AND AGAIN I WANT TO RECOMMEND THE REPORT BY

SENATOR MENDEZ FROM ALL THOSE YEARS AGO. WE'RE CIRCULATING THAT REPORT

AROUND, IT TALKS ABOUT WORKERS SOMETIMES EVEN WORKING MORE THAN

NYS ASSEMBLY JUNE 19, 2019

THAT.

MR. MANKTELOW: OKAY. WELL, I -- I APPRECIATE

THAT ANSWER AS WELL. AS -- AS A FARM OWNER AND BUSINESS OWNER AND

HAVING FARM LABORERS, I -- I JUST DID THE MATH REALLY QUICK ON THAT. AND

WITH THAT INCREASES IN OUR MINIMUM WAGE, IF THAT INDIVIDUAL TODAY

WORKED 50 HOURS AT OUR MINIMUM WAGE IN SUFFOLK COUNTY, THAT

INDIVIDUAL WOULD BE MAKING ABOUT $31,000, A LITTLE OVER $31,000. AT

60 HOURS, $37,000, AND AT 70 HOURS, $43,000. SO AGAIN, AS SOME OF OUR

COLLEAGUES HAVE SAID, BECAUSE OF THE BUMP IN MINIMUM WAGE, WE HAVE

ABSOLUTELY HELPED OUR FARM WORKERS OUT VERSUS WHAT OTHER STATES ARE

DOING.

MS. NOLAN: I -- I WOULD AGREE WITH WHAT THE

GENTLEMAN HAS SAID COMPLETELY, AND AGREE THAT MINIMUM WAGE

INCREASES HAVE HELPED. ONE OF THE THINGS WE DO IN THIS LEGISLATION IS

FINALLY ABOLISH THE SUB-MINIMUM WAGE THAT MANY YOUNG FARM WORKERS

- UP UNTIL THE GOVERNOR ACTED ADMINISTRATIVELY A YEAR OR TWO AGO - WERE

ACTUALLY GETTING PAID HALF OF THE MINIMUM WAGE TO DO THINGS LIKE PICK

APPLES AT 17 AND THINGS LIKE THAT. SO, YOU KNOW, WE HAVE ABOLISHED --

WE'VE -- WE'VE ENDED THAT IN THIS LEGISLATION FINALLY, AND GONE BEYOND

JUST THE ADMINISTRATIVE SANCTION. AND, YES, MINIMUM WAGE IS

IMPORTANT. BUT HAVING THE RIGHT TO COLLECTIVELY BARGAIN IS -- IS VERY,

VERY SIGNIFICANT BECAUSE IT ENCOMPASSES MORE FOR -- FOR THE EMPLOYEE.

MR. MANKTELOW: ALL RIGHT. THANK YOU. JUST

ONE LAST QUESTION IF YOU CAN HELP ME OUT. CAN YOU AGAIN EXPLAIN THE

DAY OF REST AND WHY WE WANT TO HAVE THAT IN THERE?

NYS ASSEMBLY JUNE 19, 2019

MS. NOLAN: A DAY OF REST IS ONE OF THE PRINCIPLES

ENSHRINED IN THE NATIONAL LABOR RELATIONS ACT AND THE FAIR LABOR

STANDARDS ACT NATIONALLY IN THE 1930S, AND BEYOND IN OUR OWN LAWS IN

NEW YORK. EVERY DAY -- EVERY FARM LABORER WILL BE ALLOWED AT LEAST 24

HOURS OF REST IN THE CALENDAR WEEK. IT DOES NOT APPLY TO THE EMPLOYER'S

IMMEDIATE FAMILIES. WE DID WANT TO CONTINUE TO SUPPORT FAMILY FARM

PEOPLE. AS I SAID, THAT DEFINITION COULD BE EXPANDED. EMPLOYERS ARE

ALLOWED TO TAKE INTO ACCOUNT REST CAUSED BY CIRCUMSTANCES SUCH AS

WEATHER OR CROP CONDITIONS SO THAT THEY WOULD NOT ASK OR COULD NOT ASK

THE EMPLOYEE, WOULD YOU GIVE THIS UP IF EVERYONE HAS BEEN, YOU KNOW,

RAINED OUT FOR TWO OR THREE DAYS. A FARM LABORER COULD VOLUNTARILY

AGREE TO WORK ON THEIR DAY OF REST AT AN OVERTIME RATE EQUAL TO AT LEAST

ONE-AND-A-HALF -- TIME-AND-A-HALF IN COMMON SPEECH. AND OF COURSE

WE DO RECOMMEND THAT WORSHIP DAYS BE CONSIDERED BUT IT'S NOT A

MANDATE.

MR. MANKTELOW: OKAY. ON THAT DAY OF REST,

WHO CAME UP WITH THE ONE-AND-A-HALF TIMES THE AMOUNT FOR THE WAGE?

MS. NOLAN: TIME-AND-A-HALF IN THIS INSTANCE IS

ACTUALLY LESS THAN MOST EMPLOYEES RECEIVE. IT IS MIRRORED ON WHAT WE

DID SEVERAL YEARS AGO WHEN ASSEMBLYMAN KEITH WRIGHT AND I THINK

SPEAKER HEASTIE CHAIRED THE LABOR COMMITTEE, TO HAVE -- THE

LEGISLATION WE DID TO GIVE VARIOUS RIGHTS TO DOMESTIC WORKERS. SO WE

MIRRORED THAT IN THE -- IN THE LANGUAGE SO THAT THERE WOULD BE AN EVEN

PLAYING FIELD WITH THAT TYPE OF LABORER.

MR. MANKTELOW: SO -- SO EVEN THOUGH THAT

NYS ASSEMBLY JUNE 19, 2019

SUPERCEDES FEDERAL LAW THAT YOU HAVE TO WORK 40 HOURS IN THE WEEK

BEFORE YOU CAN GET OVERTIME. IS THAT -- THAT IS CORRECT?

MS. NOLAN: YOU HAVE TO WORK 60 HOURS TO GET

OVERTIME.

MR. MANKTELOW: NO, I -- I UNDERSTAND THAT. BUT

SUNDAY FALLS ON THE FIRST DAY OF THE WEEK, THE FIRST DAY OF THAT WEEK OF

THE PAY PERIOD THEY'RE GOING TO GET OVERTIME BEFORE THOSE OTHER HOURS

ARE WORKED?

MS. NOLAN: I JUST WANT TO MAKE SURE I'M -- I'M

SAYING IT CORRECTLY.

MR. MANKTELOW: TAKE YOUR TIME.

MS. NOLAN: YES.

MR. MANKTELOW: TAKE YOUR TIME.

MS. NOLAN: YES, LET ME JUST CLARIFY. A 60-HOUR

TRIGGER IS A HARD STANDARD TO MEET. IF IN GIVING UP YOUR DAY OF REST YOU

REACH THAT THRESHOLD, YOU WOULD BE ENTITLED TO SOME OVERTIME. BUT YOU

DON'T HAVE TO HAVE THE 60-HOUR TRIGGER TO HAVE TIME-AND-A-HALF ON YOUR

DAY OF REST.

MR. MANKTELOW: OKAY. SO YEAH, SO THAT WOULD

-- THAT WOULD OUTWEIGH THE FEDERAL LAW WHERE YOU HAVE TO HAVE 40

HOURS PRIOR TO GETTING OVERTIME.

MS. NOLAN: IT WOULD CONFORM NEW YORK LAW TO

WHAT WE DO FOR DOMESTIC EMPLOYEES RIGHT NOW. AND OF COURSE NOT

QUITE MIRROR, BUT ALSO ECHO WHAT WE DO FOR MANY OTHER EMPLOYEES IN

THE STATE.

NYS ASSEMBLY JUNE 19, 2019

MR. MANKTELOW: OKAY. I -- I APPRECIATE YOUR

TIME, MADAM SPONSOR, AND THANK YOU.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: SO, MOST OF YOU KNOW I'M A

FARMER RIGHT NOW. I'VE -- I'VE DEALT WITH THIS MY WHOLE LIFE, 30 -- 33-

PLUS YEARS. I'VE BEEN THROUGH IT ALL. I'VE LOST CROPS. I'VE HAD MANY

WORKERS COME -- COME AND GO FROM THE FARM. I HAD AN APPLE FARM FOR A

FEW YEARS, SO I -- I'M WELL-VERSED IN WORKING WITH THE INDIVIDUALS THAT

COME AND HELP HARVEST OUR CROPS. AND I COULD SIT UP HERE AND TELL YOU

STORIES UNTIL I'M BLUE IN THE FACE ABOUT WHAT WE'VE RUN UP AGAINST, AND

ABOUT THE KIND OF A PERSON THAT I AM AND THE KIND OF PERSON THAT I RAN

FOR FOR A FARM OWNER. ANYBODY THAT KNOWS ME AND HAS DEALT WITH ME

KNOWS I WOULD GIVE THE SHIRT OFF OF MY BACK TO ANYONE. AND I TOOK

THAT SAME MINDSET AS A FARM OWNER AND AS AN EMPLOYER OF MANY, MANY

DIFFERENT EMPLOYEES THROUGHOUT MY -- MY TIME AS A FARMER.

SO WE'VE HAD A LOT OF TESTIMONY HERE TODAY, AND AS

ONE OF THE COLLEAGUES SAID, BECAUSE OF THIS BILL A FEW GOOD THINGS HAVE

COME OUT ABOUT THIS AND MAYBE SOME DAY I COULD SUPPORT THOSE.

(BUZZER SOUNDING)

I APPRECIATE THAT TIME.

ACTING SPEAKER AUBRY: I'M SORRY, BUT YOUR

TIME HAS RUN OUT. BUT YOU CAN COME BACK AND FINISH YOUR STATEMENT.

MR. MANKTELOW: OKAY.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

NYS ASSEMBLY JUNE 19, 2019

MS. BYRNES.

MS. BYRNES: THANK YOU. THANK YOU, MR.

SPEAKER. WILL THE SPONSOR YIELD?

MS. NOLAN: ALWAYS.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. BYRNES: DON'T SAY THAT. THERE MAY BE A TIME

YOU DON'T WANT TO.

(LAUGHTER).

I HAVE ONE QUESTION. AWHILE BACK YOU HAD -- EXCUSE

ME, MA'AM.

MR. SPEAKER, COULD YOU PLEASE TELL MY FELLOW

REPUBLICANS TO BE QUIET?

(LAUGHTER)

ACTING SPEAKER AUBRY: GENTLEMEN UNDER THE

EAVE, YOUR MEMBER ASKED YOU TO QUIET DOWN.

MS. BYRNES: WELL, BLAME GOES WHERE IT IS.

(LAUGHTER)

ACTING SPEAKER AUBRY: THANK YOU.

MS. BYRNES: THANK YOU. ALL RIGHT. MADAM

SPONSOR, MY RECOLLECTION IS THAT IT'S PROBABLY BEEN ABOUT AN HOUR, AN

HOUR-AND-A-HALF AGO THAT YOU HAD INDICATED ON THE FLOOR THAT YOU MADE

A COMMENT ALONG THE LINES OF THAT YOU HOPED FARMS WILL CONTINUE TO DO

WELL IN THIS STATE. DO YOU ACTUALLY BELIEVE FARMS ARE DOING WELL IN THIS

STATE?

MS. NOLAN: FARMING -- THE FARM INDUSTRY IS A

NYS ASSEMBLY JUNE 19, 2019

MULTI-BILLION-DOLLAR INDUSTRY IN OUR STATE.

MS. BYRNES: YES. DO YOU FEEL THAT FARMS ARE

DOING WELL?

MS. NOLAN: I THINK THAT HAVING A FARM, AS I'VE

LEARNED FROM ALL OF YOU AND FROM THE HEARINGS AND THE MEETINGS AND THE

LISTENING THAT I'VE DONE AND THE TOURING THAT I'VE DONE, THAT IT'S A VERY

WIDE RANGE OF WHAT CHARACTERIZES SUCCESS. BUT THERE ARE THOUSANDS OF

FARMS IN OUR STATE, TENS OF THOUSANDS OF PEOPLE WHO WORK IN THE

INDUSTRY, AND MANY OF THEM, YES, INDEED, DO QUITE WELL. I HAVE

SUPPORTED EVERY EFFORT ON THIS FLOOR TO ASSIST FARMERS --

MS. BYRNES: MA'AM. MA'AM, WITH DUE RESPECT --

MS. NOLAN: -- AND WILL CONTINUE TO DO SO.

MS. BYRNES: -- IT WAS A SIMPLE QUESTION.

MS. NOLAN: YES.

MS. BYRNES: YES OR NO, DO YOU FEEL THAT THEY ARE

DOING WELL? YES OR NO.

MS. NOLAN: I'M NOT IN A COURT OF LAW.

ACTING SPEAKER AUBRY: EXCUSE ME, MS.

BYRNES, YOU --

MS. NOLAN: -- AND I DON'T HAVE TO ANSWER IT THAT

WAY.

ACTING SPEAKER AUBRY: MS. BYRNES, YOU

CAN'T -- YOU CAN'T DIRECT SOMEONE TO ANSWER THE QUESTION THE WAY YOU

WANT THEM TO, EVEN IF IT MAY APPEAR TO BE THAT IT'S SOMETHING THAT YOU

CAN DO. YOU ASK A QUESTION, THEY'LL ANSWER IT IN THEIR WAY. OKAY? IT'S

NYS ASSEMBLY JUNE 19, 2019

-- WE'RE NOT IN COURT. I -- AND OFTEN HAVE TO TELL LAWYERS THAT. YOU

KNOW, WE'RE NOT IN COURT, SO... THANK YOU.

PROCEED.

MS. BYRNES: APPARENTLY YOU'RE ALLOWED TO

PROCEED, NOT ME. I WAS TOLD TO BE QUIET.

MS. NOLAN: I -- I THOUGHT --

ACTING SPEAKER AUBRY: I BELIEVE --

MS. NOLAN: MY -- MY APOLOGIES, MR. SPEAKER AND

MY COLLEAGUES. I THOUGHT I ANSWERED THE QUESTION BY SAYING THERE'S A

WIDE VARIETY --

MS. BYRNES: OKAY.

MS. NOLAN: -- OF -- OF WHAT CONSTITUTES SUCCESS.

MS. BYRNES: ALL RIGHT.

MS. NOLAN: THIS IS A MULTI-BILLION-DOLLAR INDUSTRY.

WE HAVE RESPECT FOR IT, WE TRY TO SUPPORT PROGRAMS THAT ENHANCE IT.

AND SO I WOULD SAY THAT I WOULD WANT SUCCESS FOR EVERY FARMER IN OUR

STATE.

MS. BYRNES: ALL RIGHT.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. BYRNES: THANK YOU. IN MY DISTRICT, MORE AND

MORE FARMERS ARE GOING TO LEASING THEIR FARMLAND FOR SOLAR PANELS

BECAUSE THEY CAN'T AFFORD TO FARM ANYMORE. SO WE ARE LOSING

THOUSANDS AND THOUSANDS OF ACRES EVERY YEAR TO NON-AGRICULTURAL

PURPOSES THAT HAD BEEN FARMLAND. THE GENTLEMAN WHO I KNOW WHO IS

NYS ASSEMBLY JUNE 19, 2019

THE HEAD OF OUR BOARD OF SUPERVISORS, CHAIRMAN OF THE BOARD OF

SUPERVISORS IN LIVINGSTON COUNTY WHO IS A FARMER, YOU TRY TO CALL HIM

TO CHAT AT NINE O'CLOCK AT NIGHT, HE'S BUSY. HE'S ACTUALLY OUT PLANTING

CORN SO HE CAN'T EVEN TALK AT NINE O'CLOCK AT NIGHT BECAUSE OUR FARMERS

ARE WORKING 24/7. IT'S NOT LIKE THEY JUST GIVE THE WORKERS ALL THE WORK.

OUR FARMERS ARE THE ONES OUT THERE WORKING HARDER -- HARDER THAN

LABORERS THAT ARE WITH THEM. BOTH LIVINGSTON COUNTY AND STEUBEN

COUNTY THAT I REPRESENT HAVE PASSED RESOLUTIONS CALLING FOR US ALL TO

TURN AWAY THIS LEGISLATION BECAUSE OF THE NEGATIVE EFFECTS THAT IT WILL

HAVE ON OUR COMMUNITIES. OUR FARMS HAVE TO COMPETE FOR WORKERS IN A

TIGHT LABOR MARKET. THEY RESPECT THEIR EMPLOYEES. THEY GIVE A FAIR

WAGE. AND THEY NEED TO IN ORDER TO RETAIN SKILLED WORKFORCES.

FARMING IS ALREADY A HIGHLY COMPETITIVE AND REGULATED INDUSTRY WHERE,

AS WE KNOW, OUR DAIRY FARMERS WORK 24/7 EVERY DAY BECAUSE COWS

HAVE TO BE MILKED MULTIPLE TIMES EVERY DAY, INCLUDING IN THE MIDDLE OF

THE NIGHT. AND CROP FARMING IS CLIMATE-SENSITIVE AND SEASONAL. THESE

ARE NOT YOUR NORMAL TYPICAL JOBS THAT COLLECTIVE BARGAINING WOULD

NORMALLY APPLY TO. THE PRICES THAT ARE PAID BY OUR FARMERS FOR MILK

AND FOR MOST OF THEIR CROPS ARE SET BY MARKET CONDITIONS THAT ARE OUT OF

THEIR CONTROL. AND THEY HAVE NO WAY TO RECOUP ANY ADDITIONAL

EXPENSES. THEY CAN'T PASS THEM ON. THEY'RE GOING TO END UP EATING

THEM, AND THIS IS GOING TO MAKE FARMERS, MANY OF WHOM ARE ALREADY

WORKING AT A MARGIN, BECOME TO A POINT WHERE THEY CAN'T CONTINUE.

OUR FARMERS, NOT ONLY IN LIVINGSTON AND STEUBEN, BUT ACROSS THIS

REGION ARE COMPETING IN A REGIONAL, NATIONAL AND GLOBAL MARKET, AND

100

NYS ASSEMBLY JUNE 19, 2019

THIS LEGISLATION WILL MAKE THEIR ABILITIES TO COMPETE IN THESE MARKETS

EVEN MORE DIFFICULT AND PUT THEM AT A COMPETITIVE DISADVANTAGE.

FAMILY FARMING IS ALREADY ON A DECLINE IN OUR STATE. OUR FARMS ARE

LEAVING. THEY'RE GOING TO ALTERNATE PURPOSES OTHER THAN AGRICULTURE.

THEY'RE TRYING TO DO ANYTHING THEY CAN JUST TO SAVE THEIR LAND. THE FEAR

OF LIVINGSTON, STEUBEN COUNTY AND MYSELF IS THAT THE NET EFFECT OF

INCREASING AG -- AGRICULTURAL COSTS WILL SIMPLY BE ENOUGH TO DRIVE

WHAT'S LEFT OF OUR FAMILY-OWNED FARMERS OUT OF THIS STATE TO EITHER OTHER

STATES TO FARM, AS BEEN REFERENCED, OR OUT OF THE BUSINESS. WE'VE GOT TO

FIGHT AND PROTECT OUR NUMBER ONE INDUSTRY AND THE NUMBER ONE INDUSTRY

IN MY DISTRICT. AND I WILL BE VERY STRONGLY VOTING NO.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. JONES.

MR. JONES: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. JONES: WELL, THIS IS THE FIRST TIME THAT I'VE

SPOKEN ON A BILL IN THIS HOUSE IN MY THREE YEARS. AND I ONLY RISE

BECAUSE THIS ISSUE IS VERY PERSONAL AND IMPORTANT TO ME. FIRST OF ALL, I

WANT TO THANK ALL OF MY COLLEAGUES FOR THEIR COMMENTS, AND I WANT TO

THANK MY COLLEAGUES FOR PUTTING SERIOUS THOUGHT INTO THIS, EVEN THOUGH

IF WE DON'T AGREE ON MANY OF THE ELEMENTS IN THIS BILL. I WANT TO THANK

MR. CRESPO FOR THE ROUNDTABLE WE HAD A COUPLE OF WEEKS AGO. HE DID A

GREAT JOB IN -- IN MAKING ALL SIDES HEARD AND DELIBERATING ON THIS. THE

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SPONSOR OF THE BILL, THE AG CHAIR WAS THERE, MS. LUPARDO. WE WERE

THERE TO DISCUSS IT. WE HEARD MANY ISSUES AND MANY SIDES OF THIS ISSUE.

WE HEARD FROM FARM WORKERS. WE HEARD FROM FARM WORKERS THAT WERE

TREATED IMPROPERLY AND POORLY. AND WE ALL AGREED AT THAT TABLE. THERE

WERE MANY ORGANIZATIONS THERE, FARM BUREAU, NEW YORK GROWERS,

FARMERS, LABOR. WE ALL AGREED THE STORIES THOSE WORKERS TOLD WERE

UNACCEPTABLE. THEIR EXPERIENCES ON A FARM WERE UNACCEPTABLE. I THINK

WE CAN ALL AGREE WITH THAT. I KNOW MANY OF MY -- SOME OF MY

COLLEAGUES WERE THERE AND WE -- AND WE STATED THAT. THOSE

CIRCUMSTANCES THAT THEY -- THOSE THINGS THAT THEY ENDURED ARE NOT

ACCEPTABLE. BUT I CAN ONLY TELL YOU OF MY EXPERIENCES ON A FARM. I

GREW UP ON A SMALL DAIRY FARM, FAMILY FARM. IT TRULY WAS A FAMILY FARM.

AND I REPRESENT MANY, MANY FARMS. ANYWHERE FROM APPLE FARMS,

VEGETABLE FARMS, CHICKEN FARMS. DAIRY FARMS CERTAINLY A LARGE PART OF

THAT. MAPLE PRODUCERS. ANY KIND OF FARMING TO BE DONE, IT'S DONE IN

MY DISTRICT. SO, I COULD TELL YOU THAT WHEN WE SPEAK ABOUT FARMING

INDUSTRY TODAY, IT IS THAT THE PROBLEM HERE IS VERY PROFOUND. IT'S THAT

OUR FARMERS CANNOT PREDICT WHAT THEY CAN GET FOR THEIR PRODUCT. THAT IS

THE BOTTOM LINE HERE. NO MATTER WHAT WE FEEL ABOUT THIS BILL -- AND I'LL

TELL YOU MY FEELINGS ON IT IN A MINUTE. BUT THEY CANNOT PREDICT WHAT

THEY'RE GETTING FOR THEIR PRODUCT. DAIRY, THE INDUSTRY THAT I KNOW MOST

ABOUT, THE PRICE I BELIEVE ONE OF OUR COLLEAGUES SAID TODAY IS $17.10.

LAST YEAR AT THIS TIME I THINK IT WAS AROUND $15, HELD STEADY AT $15,

$15.50 FOR FOUR YEARS. THE YEAR I WAS BORN, IN 1974, THE PRICE WAS $14

TO $15 PER HUNDRED. SORRY, I JUST GAVE AWAY MY AGE THERE. THE

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PROBLEM IS ON A LARGER SCALE, THOUGH. LIKE I SAID, THE PROBLEM IS THE

FARMER CANNOT PREDICT WHAT HE CAN GET FOR THAT PRODUCT. SO IF WE'RE

TALKING ABOUT THE PRICE OF MILK IS THE SAME AS IT WAS IN 1974 AS IT IS

TODAY, THINK ABOUT THE COSTS THAT HAVE -- THAT OUR FARMERS HAVE INCURRED

-- INCURRED IN THAT TIME. I KNOW A LOT OF MY FARMERS TREAT THEIR WORKERS

WELL. THEY RESPECT WHAT THEY DO. AND THEY WOULD LOVE TO PAY THEM

MORE. AND WHEN WE'RE TALKING ABOUT SMALL FARMING -- FAMILY FARMING

OPERATIONS, LET'S TALK ABOUT THAT. WE'VE TALKED ABOUT HOW THEY HAVE

GROWN. WHEN I WAS A KID, OUR FARMING OPERATION WAS 60 MILKING DAIRY

COWS. I KNOW THE LARGEST FARM IN OUR TOWN, IN OUR NEIGHBORHOOD, WAS

100 COWS -- 125 MILKING COWS. AND THAT WAS HUGE. WE WERE LIKE, OH!

TODAY THEY ARE AT 2,000. BECAUSE WE WANT TO TALK ABOUT THE REDUCTION

OF FARMS THEY'VE BOUGHT UP, INCLUDING MY FAMILY'S DAIRY FARM, THEY'VE

BOUGHT UP ALL THE FARMS AROUND THEM. THEY HAVEN'T DONE THAT BECAUSE

THEY WANTED TO. THEY WANTED TO BE GENEROUS TO THEIR NEIGHBORS. THEY

WANTED TO SAY, WE'RE GOING TO GIVE YOU $4,000 AN ACRE FOR THE FARM.

THEY'VE DONE THAT OUT OF NECESSITY, BECAUSE WHEN THE PRODUCT THEY'RE

GETTING IS THE SAME THAT THEY GOT 40 YEARS AGO, THEY HAVE FELT THEY'VE

GOTTEN -- THEY'VE HAD TO HAVE GOTTEN BIGGER. SO THE 2,500-COW DAIRY

FARM IS MAKING LESS THAN IT DID WITH 100 COWS 40 YEARS AGO. THAT'S

BECAUSE OF THE PRICE. THAT'S BECAUSE US, AS A SOCIETY, WE EXPECT OUR

FOOD TO BE CHEAP. WE DON'T WANT TO PAY MORE FOR OUR FOOD. THAT IS THE

REAL ISSUE HERE. WE DO NOT WANT TO PAY MORE FOR OUR FOOD. THAT WAY

THERE THE FARMER GETS HURT, THE FARM WORKER GETS HURT AND OUR INDUSTRY

AS A WHOLE GETS HURT, THIS HUGE AGRICULTURAL INDUSTRY WE HAVE IN NEW

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YORK STATE. WE HAVE TO WORK ON THAT TOGETHER. THIS BILL DOES NOT

ADDRESS THAT. BUT I WILL SAY, WHAT THIS BILL DOES ADDRESS -- AND I -- AND I

TRULY DO THANK OUR COLLEAGUES FOR WORKING ON IT -- IT ADDRESSES SOME

THINGS THAT NEEDED ADDRESSING. THE FARM WORKERS WERE ALREADY GETTING

WORKMAN'S COMP, UNEMPLOYMENT INSURANCE AND THE MINIMUM WAGE.

THAT WAS -- THAT WAS ALREADY DONE. IF YOU READ THE -- THIS BILL PEOPLE

WOULD SAY, OH, THEY DIDN'T HAVE THAT BEFORE. THEY DID. MOST, IF NOT

ALL, OF OUR FARMS ARE PROVIDING THAT. BUT THE UNIQUENESS OF THIS

BUSINESS - AND I SAY THE UNIQUENESS, AND I SAID IT AT -- AT THE ROUNDTABLE,

AND SOMEBODY SAID, UNIQUE, I DON'T LIKE THAT WORD UNIQUE. WELL, IT IS A

UNIQUE BUSINESS BECAUSE WE HAVE TO DEPEND ON THE WEATHER. WE HAVE

TO DEPEND ON CERTAIN THINGS. AND THE PRICE THAT WE GET FOR OUR PRODUCT

IS NOT WHAT WE NEED. THIS INDUSTRY JUST CANNOT DEAL WITH THESE

REGULATIONS RIGHT NOW. IT CANNOT. AND I KNOW IT'S BEEN SAID FOR 30

YEARS, AND I KNOW -- I KNOW THE -- THE SPONSOR OF THE BILL HAS SAID THAT.

BUT RIGHT NOW IN MY DISTRICT, LAST YEAR WE WERE SENDING OUT NOTICES IN

THE CHECKS -- WE WERE SENDING OUT NOTICES FOR A SUICIDE HOTLINE FOR OUR

FARMERS. IN THIS DAY AND AGE WE'RE SENDING OUT NOTICES FOR A SUICIDE

HOTLINE FOR OUR FARMERS BECAUSE THERE WERE INCIDENCES WHERE THERE'S NO

OTHER PLACE AND THEY TOOK THEIR LIVES. FARMERS ARE UPSET WITH THAT, BY

THE WAY. THEY'RE TOO PROUD. THEY DIDN'T WANT THAT IN THERE. BUT THEY

NEEDED THE HELP. AND THEY NEED HELP NOW. AND I FIRMLY BELIEVE THIS

BILL DOES NOT HELP THEM. BUT I WANT TO GET TO A PLACE -- I WANT TO GET TO

A PLACE WHERE WE DO HELP OUR FARMERS, DO HELP OUR AGRICULTURE

INDUSTRY. WE NEED TO DO THAT OR ELSE WE'RE NOT GOING TO HAVE ANY OF

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THIS.

LET'S TALK ABOUT THE PRODUCT A LITTLE MORE. IN NEW

YORK STATE OUR LARGE GROCERY STORES AND OUR VENDORS, THEY DON'T SIT

THERE AND SAY, YOU KNOW WHAT? THIS IS A GOOD APPLE. I LIKE IT. I THINK

-- I THINK PEOPLE WILL LIKE THIS APPLE. NO, THEY SIT THERE AND THEY LOOK AT

THE BOTTOM LINE. AND IF THEY CAN GET THAT -- THOSE POUNDS OF APPLES OR

POTATOES OR WHATEVER IT IS FROM WASHINGTON STATE OR IDAHO FOR A

CHEAPER PRICE, THEY'RE GOING TO. THAT'S THE BOTTOM LINE. THEY'RE JUST --

THEY'RE JUST GOING TO DO THAT. SO IF WE ARE PUT AT A COMPETITIVE

DISADVANTAGE, IT DOES NOT HELP NEW YORK. I WANT TO HELP OUR FARM

WORKERS, OUR FARMERS. EVERYONE IN THIS ROOM THAT EATS THAT PRODUCT, NO

FARMS, NO FOOD. RIGHT? WE CAN ALL AGREE ON THAT. WE WANT TO HELP

THIS INDUSTRY. I JUST DON'T THINK THIS BILL ADDRESSES THAT. I THINK WE CAN

MAKE STRIDES, I THINK WE HAVE MADE STRIDES, BUT WE NEED TO DO MORE.

WE NEED TO DO MORE FOR ALL OF US, AND WE NEED TO DO MORE FOR OUR

FARMERS.

PLEASE, I ENCOURAGE YOU TO VOTE IN THE NEGATIVE ON

THIS, AND I THANK YOU ALL FOR YOUR COMMENTS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. CRESPO.

MR. CRESPO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. CRESPO: MR. SPEAKER, FIRST I WANT TO THANK THE

SPONSOR FOR HER TREMENDOUS LEADERSHIP AND WORK ON THIS ISSUE FOR SO

MANY YEARS, AND TO MY COLLEAGUES ON BOTH SIDES OF THE AISLE WHO HAVE

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BEEN A PART OF THE ROUNDTABLE THAT WE HELD AND THE CONVERSATIONS OVER A

LONG PERIOD OF TIME IN REGARDS TO WHAT PASSAGE OF THIS BILL WILL MEAN

FOR THE STATE OF NEW YORK, FOR FARMERS AND FOR FARM WORKERS. THERE'S

A FEW THINGS THAT HAVE BEEN SAID THAT I -- I WANT TO JUST KIND OF SHARE

MY THOUGHTS ON. NUMBER ONE, THERE WERE A COUPLE OF COMMENTS MADE

IN REGARDS TO THIS BILL BEING RUSHED AND NOT ENOUGH OPPORTUNITY FOR

FEEDBACK WAS GIVEN. I FIND THAT A LITTLE BIT ABSURD WHEN THIS BILL HAS A

20-YEAR HISTORY IN THIS BODY. WHEN HEARINGS AND TOURS AND VISITS HAVE

HAPPENED OVER DECADES, AND OTHER FORMS OF THIS BILL HAVE ACTUALLY BEEN

DISCUSSED ON THIS FLOOR AND NEGOTIATED. AND WE ALL WISH THAT THIS ISSUE

COULD HAVE BEEN ADDRESSED A LONG TIME AGO WHEN THERE WAS MORE

BIPARTISANSHIP IN THE LEADERSHIP OF BOTH HOUSES BUT THAT OPPORTUNITY

WAS DENIED AT EVERY TURN THEN, AND HERE WE ARE. THERE'S -- I KNOW THAT

ONE OF MY COLLEAGUES POINTED OUT A LITTLE BIT OF THE HISTORY OF HOW THESE

FARMERS -- OUR FARM WORKERS WERE EXCLUDED FROM LABOR PROTECTIONS AND

IT'S IMPORTANT TO BE CLEAR ABOUT THIS. THERE SHOULD BE NO INDUSTRY IN

THIS STATE THAT RELIES ON ITS VIABILITY BY EXPLOITING THE MEN AND WOMEN

WHO MAKE THAT BUSINESS FUNCTION.

(APPLAUSE)

LET ME SAY THAT AGAIN. THERE SHOULD BE NO BUSINESS

ALLOWED TO THRIVE ONLY UNDER CONDITIONS WHERE MEN AND WOMEN WHO

WORK LONG HOURS UNDER DANGEROUS CONDITIONS OR ALL THE -- THE SWEAT

EQUITY THAT FARMER WORKERS HAVE TO PUT IN, IF -- IF THE ONLY WAY TO

SURVIVE IS BY DENYING THOSE MEN AND WOMEN BASIC LABOR PROTECTIONS,

THEN WE HAVE BIGGER PROBLEMS IN THIS CONVERSATION THAN THIS BILL.

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(APPLAUSE)

IT HAS BEEN POINTED OUT, WELL WHAT DO YOU -- SOME OF

YOU WHO DON'T REPRESENT FARMS KNOW ABOUT THIS ISSUE? WELL, WITH ALL

DUE RESPECT, LET ME TELL YOU WHAT THIS YOUNG MAN FROM THE BRONX

KNOWS ABOUT FARMING. FIRST OF ALL, I REPRESENT THE COMMUNITY CALLED

HUNTS POINT. HUNTS POINT HOUSES THE LARGEST PRODUCE MARKET IN THE

NORTHEAST UNITED STATES. MANY OF YOUR FARMERS DEPEND ON THE

MARKETPLACE THAT THE PRODUCE MARKET PROVIDES TO SELL THEIR -- THEIR

GOODS. AND WE WANT TO PROTECT THAT. WE HAVE A MUTUAL INTEREST THAT

THAT REMAIN A VIABLE AND THRIVING OPPORTUNITY. MY CONSTITUENTS WORK AT

THE PRODUCE MARKET, THEY HAVE A JOB BECAUSE YOUR FARMERS PROVIDE

MUCH OF THAT PRODUCE SO THEY CAN SELL. SO WE AGREE THAT THAT'S

IMPORTANT. BUT LET ME TELL YOU ABOUT THE HISTORY OF HUNTS POINT. MR.

HUNT WAS A FARM OWNER IN THE BRONX. BRONX COUNTY WAS ALL FARMLAND

NOT THAT LONG AGO. MR. HUNT WAS A FARMER WHO ALSO OWNED SLAVE

WORKERS. SLAVES IN BRONX COUNTY WORKED FARMS IN THE BRONX. SO MY

COMMUNITY KNOWS ABOUT THAT BECAUSE THE CHILDREN OF PS 148 JUST TWO

YEARS AGO DID A HISTORY STUDY AND FOUND THAT IN DRAKE PARK, IN HUNTS

POINT, WE WERE ABLE TO IDENTIFY THE UNMARKED GRAVES OF THOSE SLAVE

FARM WORKERS AND WE WERE ABLE TO REGISTER THAT PARK AS A -- IN THE

NATIONAL REGISTRY OF AFRICAN BURIAL GROUNDS. SO WE KNOW A LITTLE BIT

ABOUT FARMING IN OUR COMMUNITY. AND I TALKED TO IMMIGRANT WORKERS

AND I VISITED -- AND I APPRECIATE COLLEAGUES ON THE OTHER SIDE WHO HAVE

INVITED ME TO THEIR DISTRICT, AND WE HAVE VISITED FARMERS IN -- IN

DIFFERENT COMMUNITIES. AND I CARE DEEPLY AND WILL WORK WITH OUR

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COLLEAGUES TO MAKE SURE THAT WE CONTINUE TO SUPPORT THE NEEDS OF OUR

FARMING COMMUNITIES IN THE STATE. I ASSURE YOU, COUNT ME IN AS AN ALLY

IN THAT FIGHT MOVING FORWARD. BUT LET'S NOT MISCONSTRUE OR MISGUIDE

WHAT THE EFFORT OF THIS BILL IS. AND LET'S NOT FORGET THAT WE HAVE ALL SEEN

THE DECISION IN THE HERNANDEZ V. THE STATE OF NEW YORK CASE WHERE THE

COURT HELD IT UNCONSTITUTIONAL TO DENY FARM WORKERS THE RIGHT TO

COLLECTIVELY BARGAIN. LET'S NOT IGNORE THE REALITY THAT BASIC LABOR

PROTECTIONS -- WE'VE DONE SO MANY BILLS TO EXTEND THOSE PROTECTIONS,

AND FARM WORKERS SHOULD NOT BE EXCLUDED FROM THAT. BASIC THINGS LIKE

A DAY OFF, OVERTIME. YOU KNOW, WE WANTED 40 HOURS. WE FELT WE HAD

EVERY RIGHT TO DEMAND 40 HOURS. BUT WE LISTENED INTENTLY TO THE

CONCERNS OF THE FARM BUREAU AND THE FARMERS AND WE AGREED TO DO 60

HOURS. WE WANTED THE ABILITY TO STRIKE. THESE ARE NOT PUBLIC WORKERS,

WHY SHOULD THEY BE DENIED THE OPPORTUNITY TO STRIKE? BUT WE

UNDERSTOOD THE REALITIES OF FARMING AND WE AGREED, NO STRIKE PROVISIONS

IN THE BILL. WE WANTED A GUARANTEED DAY OFF. GOD FORBID YOU HAVE

SUNDAY OFF, GO TO CHURCH. BUT WE UNDERSTOOD THE REALITIES OF FARMING.

AND YOU KNOW WHAT? FINE, IF THE FARM WORKER DECIDES HE'S WILLING TO

WORK, LET THEM WORK. BUT PLEASE, FOR THOSE OF YOU WHO HAVE REALLY

SPOKEN VIVIDLY ABOUT THE NEEDS OF IMMIGRANT WORKERS TO WORK AS MANY

HOURS AS THEY CAN TO SEND MONEY BACK HOME, PLEASE DON'T MAKE IT

ABOUT THEM. BECAUSE IF YOU CARED ABOUT THEM, WHERE WERE YOU WHEN

WE WANTED TO GIVE THEIR CHILDREN THE OPPORTUNITY TO GO TO COLLEGE?

WHERE WERE YOU WHEN WE WANTED TO GIVE THOSE SAME FARM WORKERS THE

OPPORTUNITY TO DRIVE TO WORK?

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(APPLAUSE)

ACTING SPEAKER AUBRY: LADIES AND

GENTLEMEN, PLEASE.

MR. CRESPO: AND -- AND FOR THOSE THAT SAY, WELL,

WHATEVER THE CITY OF NEW YORK WANTS TO DO TO OUR FARMING COMMUNITY.

WELL, YOU ALL HAD AN OPINION ABOUT NYCHA HOUSING. YOU DON'T HAVE

NYCHA IN YOUR DISTRICT. SO -- SO LET'S BE HONEST. LET'S REMIND

OURSELVES, WE'RE IN THIS TOGETHER. AND I APPRECIATE THE DIFFERENCE OF

OPINION AND I UNDERSTAND THIS WON'T BE EASY FOR OUR FARMERS. BUT YOU

KNOW WHAT? AGAIN, I'LL REMIND YOU THAT YOUR VIABILITY AND BUSINESS

SHOULD NOT BE BASED -- OR -- OR RELY ON THE -- ON THE EXPLOITATION OF

WORKERS. LET'S GIVE THEM WHAT THEY DESERVE AND LET'S WORK TOWARDS

FIGURING OUT OTHER AREAS WHERE WE CAN PROVIDE RESOURCES AND BENEFITS.

AND I -- AND -- AND LASTLY, A LOT HAS BEEN SAID ABOUT THE MARKET

CONDITIONS. WE DON'T -- THE FARMERS DON'T SET THOSE CONDITIONS, YOU'RE

RIGHT. YOU'RE ABSOLUTELY RIGHT. AND THEY DESERVE A BETTER PLAYING FIELD

IN THE MARKET. BUT GUESS WHAT? THAT'S A FEDERAL PROBLEM WITH A

REPUBLICAN PRESIDENT WHO REFUSES TO FIGHT FOR FARMERS IN THIS COUNTRY

AND WHO CONTINUES TO MAKE POLICY DECISIONS AND POLITICAL DECISIONS

THAT HURT FARMERS IN THIS COUNTRY.

(BOOING/APPLAUSE)

I APOLOGIZE IF I WENT OFF ON POLICY INTO SOMETHING

POLITICAL. BUT I'LL JUST SAY AGAIN. WE HAVE BEEN TOLD --

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

SPEAKER. IF WE CAN ASK OUR COLLEAGUES TO REFRAIN FROM USING POLITICAL

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COMMENTS. JUST TALK ON THE ISSUE. YOU'RE DOING A GREAT JOB, MR.

CRESPO. LET'S -- LET'S JUST LEAVE THAT OTHER --

MR. CRESPO: WELL, I APPRECIATE THAT, I RESPECT THAT.

I APOLOGIZE IF I -- IF I WENT -- VEERED OFF. I JUST WANT TO -- AGAIN, IF

WE'RE GOING TO BE HONEST ABOUT THE ISSUE, LET'S BE HONEST ABOUT THIS

ISSUE. WE ARE EXTENDING BASIC PROTECTIONS TO FARM WORKERS IN THIS -- IN

THIS STATE. THAT IS NOT A CONTROVERSIAL THOUGHT. THAT IS NOT A NEW

CONCEPT. THAT IS SOMETHING THE SPONSOR OF THIS BILL HAS WORKED FOR

DECADES TO ENSURE. BUT IT IS ALSO NOT FAIR TO ASSUME THAT WE HAVE NO

KNOWLEDGE OF THE ISSUE. IT IS UNFAIR TO ASSUME WE DON'T CARE ABOUT THE

FARM WORKER -- THE FARM OWNERS. WE CARE ABOUT YOU DEEPLY AND WE

WILL FIGHT FOR YOU AS WELL. BUT LET'S UNDERSTAND THAT THOSE MARKET

CONDITIONS ARE NOT A STATE PROBLEM, THOSE ARE A FEDERAL PROBLEM AND WE

SHOULD GO TOGETHER TO SEEK THOSE REMEDIES. AND IF THERE'S OTHER THINGS

WE CAN DO -- AND I SUPPORT ONE OF MY COLLEAGUES, THE CHAIR OF

AGRICULTURE COMMITTEE, WHO HAS A BILL TO SUPPORT OTHER ARES OF -- OF

SUPPORTING OUR FARMS, I WILL COSPONSOR AND SUPPORT THAT BILL AND WORK

AS HARD AS I CAN TO PASS IT. BECAUSE I WANT THAT FOOD CHAIN, THAT

AFFORDABILITY OF -- OF THAT FOOD CHAIN TO REACH MY COMMUNITY, THE FOOD

DESERTS IN THE BRONX. BUT LET'S UNDERSTAND WHAT THIS BILL IS AND LET'S NOT

MISGUIDE PEOPLE TO WHAT IT IS NOT. THIS BILL IS ABOUT BASIC LABOR

PROTECTIONS. THAT IS WHAT THE STATE OF NEW YORK SHOULD STAND FOR.

THAT IS WHAT ALL OF US SHOULD STRIVE FOR. AND WE WILL HELP THOSE OTHER

ISSUES, BUT DO NOT DENY THOSE MEN AND WOMEN. MOST OF THEM, MANY OF

THEM IMMIGRANTS, PLEASE DON'T TELL ME THAT THEIR NEEDS SUPERCEDE THE

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BUSINESS INTERESTS OF THE OWNERS OF THESE FARMS. WE CAN BALANCE THOSE

TWO THINGS AND DO RIGHT BY THOSE WORKERS AND STILL STRIVE TO PROTECT

THOSE FARMERS. WE CAN DO THAT TOGETHER. BUT YOU CANNOT MAKE A GOOD

ARGUMENT THAT DENYING BASIC PROTECTIONS IS THE ONLY WAY FOR A BUSINESS

TO SURVIVE. THAT IS NOT CONSISTENT WITH OUR CONSTITUTION NOR WITH THE

POLICIES OF THIS STATE.

AND I'LL VOTE IN THE AFFIRMATIVE.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

LET ME REMIND THE HOUSE --

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: LET ME -- ONE

MINUTE. LET ME REMIND THE HOUSE THAT OFTENTIMES BOTH SIDES TALK ABOUT

THE PRESIDENT, WHATEVER PRESIDENT IT WAS, AND WE RARELY BOO EACH OTHER

WHEN THOSE STATEMENTS ARE MADE. SO I WOULD OFTEN HEAR LAUDATORY

STATEMENTS ABOUT THE CURRENT PRESIDENT AND SOME NEGATIVE ABOUT THE

PAST. WE DON'T BOO EACH OTHER UNDER THOSE CIRCUMSTANCES. SO PLEASE

TRY AND CONSTRAIN EACH OTHER, BUT WE DO WANT TO LIMIT POLITICAL

CONVERSATIONS RELATIVE TO THE BILL.

THANK YOU.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER. THIS

IS -- THIS HAS BEEN A VERY INTERESTING AND A VERY PASSIONATE DEBATE, AND

IT'S AN IMPORTANT DEBATE. YOU KNOW, IN 2018, IN THE 2018 ELECTION

THERE WAS -- YOU COULD SAY A POLITICAL EARTHQUAKE OCCURRED. AND THE

EPICENTER OF THAT POLITICAL EARTHQUAKE COULD BE TRACED TO A LITTLE

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CONGRESSIONAL DISTRICT IN THE BOROUGH OF QUEENS. AND THAT EARTHQUAKE

UNLEASHED A PROGRESSIVE TSUNAMI, I WOULD CALL IT, WHOSE DESTRUCTIVE

POWER IS REACHING EVERY CORNER OF THIS STATE ACROSS A WIDE RANGE OF

ISSUES. AND TODAY THAT TSUNAMI IS ABOUT TO ENVELOP OUR AGRICULTURE

INDUSTRY. I APPRECIATE THE PASSION OF MR. CRESPO, THE ELOQUENCE OF MS.

CRUZ, THE PAIN AND SUFFERING OF OUR DAIRY FARMERS AS ELOQUENTLY STATED

BY MR. JONES. FARMERS DO NOT HAVE PRICING POWER. ESPECIALLY IN THE

DAIRY INDUSTRY. THERE'S A REASON WHY WE DON'T HAVE REGULATION OF THE

AGRICULTURAL SECTOR THE WAY WE DO OTHER AREAS OF INDUSTRY BECAUSE OF

THE FLUIDITY AND UNPREDICTABILITY OF THOSE MARKETS, VAGARIES OF THE

WEATHER. BUT ESPECIALLY THAT LACK OF PRICING POWER. AND WHAT WE ARE

DOING HERE TODAY BY REGULATING AN INDUSTRY THAT CAN'T, IN A SENSE, FIGHT

BACK, FARMERS DON'T WANT TO EXPLOIT THEIR WORKERS. AND IF THERE ARE

SOME BAD APPLES, THAT CAN BE DEALT WITH. THESE PEOPLE IN THE GALLERY

WHO ARE HOPING FOR PASSAGE OF THIS LEGISLATION ARE VERY GOOD PEOPLE.

THEY WORK HARD, WE NEED THEM. BUT WE ARE -- WE ARE DOING SOMETHING

TO THIS DAIRY INDUSTRY AND THE AGRICULTURE -- AGRICULTURAL INDUSTRY THAT

COULD NOT JUST DO HARM, BUT CHANGE THE AGRICULTURAL LANDSCAPE OF THIS

STATE FOREVER. WE ARE NOT CALIFORNIA, WHERE WE HAVE THOUSANDS AND

THOUSANDS OF ACRES AND YOU HAVE CORPORATE FARMS. WE DON'T HAVE

CORPORATE FARMS. THE SPONSOR MAINTAINS THIS IS A MULTI-BILLION-DOLLAR

INDUSTRY. WELL, IT MAY VERY WELL BE, IN THE AGGREGATE. BUT THAT FIGURE

IS MADE UP OF MANY, MANY, MANY SMALL FARMS. AS MR. JONES SAID, IT

TAKES 2,500 COWS, YOU DON'T -- YOU STILL CAN'T MAKE AS MUCH AS YOU DID

WITH 100 COWS 40 YEARS AGO. THE ECONOMICS OF THIS INDUSTRY HAVE

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CHANGED DRAMATICALLY. I'M FROM LONG ISLAND. WE HAD HUNDREDS OF

FARMS AT ONE POINT. WE USED TO HAVE 30,000 ACRES OF POTATOES; WE

HAVE ABOUT 8,000 ACRES OF POTATOES. IF IT WASN'T FOR THE WINE INDUSTRY,

WE'D HAVE NO AGRICULTURAL INDUSTRY ON THE NORTH FORK OF LONG ISLAND. I

HAVE TWO VINEYARDS IN MY DISTRICT AND I HAVE ONE FARM. BUT WHAT I'M

REALLY CONCERNED ABOUT HERE IS WHAT WE ARE DOING TO THE COST OF

PRODUCING MILK AND WINE AND VEGETABLES AND OTHER AGRICULTURAL

PRODUCTS. BECAUSE THIS IS A VERY COMPETITIVE INDUSTRY. AND IN A STATE

LIKE NEW YORK WHERE THE COST OF DOING BUSINESS IS SO HIGH, TAXES,

ELECTRICITY, THE COST OF TRANSPORTATION, THE LONG ISLAND FARMERS TO GET

THEIR VEGETABLES AND THEIR CROPS INTO THE HUNTS POINT MARKET.

BOTH SIDES HAVE GOOD ISSUES HERE. BUT MY PROBLEM

WITH THE PROGRESSIVE APPROACH TO SOME OF THESE PROBLEMS, TO MOST OF

THESE PROBLEMS, IS WHERE A SCALPEL IS NEEDED, YOU'RE TAKING A

SLEDGEHAMMER. AND THAT'S WHAT'S GOING TO HAPPEN WITH THIS

LEGISLATION. BECAUSE IF THE COST OF PRODUCING YOUR MILK, YOUR WINE,

YOUR VEGETABLES, YOUR NURSERY STOCK REACHES A POINT WHERE YOU CAN'T

COMPETE ANYMORE, YOU'RE GOING OUT OF BUSINESS. THAT'S WHY THERE'S A

SUICIDE LINE FOR FARMERS. THIS IS A REAL PROBLEM. THIS STATE IS NOT IN A

STRONG POSITION BECAUSE OF OUR COST STRUCTURE. AND I WORRY FOR THE

PEOPLE UP IN THIS -- UP IN THE GALLERY HERE WHO THINK THAT THEIR LIVES ARE

GOING TO BE MUCH, MUCH BETTER BECAUSE OF WHAT THIS LEGISLATION

PROPOSES TO DO, TO BE UNIONIZED, TO GET ALL OF THESE BENEFITS.

REMEMBER, FOLKS, THEY COME AT A COST. AND IF THAT COST REACHES A POINT

WHERE THE -- YOUR EMPLOYER CAN NO LONGER BE PROFITABLE AND THEY SELL

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THE FARM OR THEY GO OUT OF BUSINESS, THOSE GOOD PEOPLE UP THERE ARE OUT

OF LUCK. AND THEN WHERE DO THEY GO FOR HELP? WILL THE AFL-CIO BE

THERE FOR THEM? I DON'T THINK SO. THEY'VE BEEN GIVEN A -- A -- JUST A

BUNCH OF EMPTY PROMISES. THIS IS A VERY FRAGILE INDUSTRY. THE PROFIT

MARGINS ARE VERY, VERY SLIM. WHAT WE ARE DOING TODAY IS BEING DONE

WITH THE BEST OF INTENTIONS, I UNDERSTAND THAT. BUT WE COULD THROW A LOT

OF GOOD PEOPLE OUT OF BUSINESS AND HURT THE PEOPLE WE'RE TRYING TO

HELP. THIS IS AN INDUSTRY UNLIKE ANY OTHER, AND IT'S A VERY LARGE INDUSTRY

IN THIS STATE. BUT IT'S COMPROMISED OF MANY, MANY SMALL FAMILY FARMS,

SMALL PRODUCERS, SMALL EMPLOYERS WHO PAY A LOT OF TAXES, ARE PAYING

HIGH -- RELATIVELY HIGH LABOR RATES NOW. THEY'RE PAYING HIGH ELECTRIC

BILLS AND HIGH TRANSPORTATION COSTS. AND YOU'RE COMPETING WITH

PRODUCERS IN OTHER STATES AND EVEN OTHER COUNTRIES LIKE MEXICO AND

CANADA THAT ARE PRODUCING A LOT LESS EXPENSIVELY THAN YOU CAN. AND I

KNOW ON LONG ISLAND WHERE A LOT OF -- ESPECIALLY ON THE EAST END, ON

THE NORTH FORK AND THE SOUTH FORK, WHERE A LOT OF CITY FOLK HAVE THEIR

SECOND HOMES, THEY BUY OUT THERE BECAUSE THERE'S NOTHING MORE

BEAUTIFUL THAN A FIELD OF POTATOES OR A VINEYARD. IT'S ONE OF THE PRETTIEST

SIGHTS YOU'LL SEE. BUT THOSE ARE GOING TO TURN INTO HOUSING

DEVELOPMENTS, MAYBE. OR SOLAR FARMS. THEY'RE NOT QUITE AS ATTRACTIVE

TO SEE. WE HAVE A COUPLE OF THOSE OUT ON LONG ISLAND AS WELL. BUT WE

NEED TO BE VERY CAREFUL.

THIS IS NOT A GOOD BILL. IT'S NOT A GOOD BILL FOR THE

GOOD PEOPLE UP THERE, EVEN THOUGH THEY THINK OTHERWISE. BUT THE

ECONOMICS OF THIS INDUSTRY ARE VERY, VERY FRAGILE. AND WE'RE PLAYING A

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DANGEROUS GAME WHEN GOVERNMENT INJECTS ITSELF AND TRIES TO ADJUST

THOSE OR BEND THE ECONOMIC -- BEND THE ECONOMICS OF THIS INDUSTRY. I

URGE A NO VOTE FOR THE BENEFIT OF THE GOOD PEOPLE UP IN THE GALLERY WHO

NEED THESE JOBS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. THANK

YOU, SIR.

MR. RIVERA.

MR. RIVERA: THANK YOU, MR. SPEAKER. I WANT TO

BEGIN BY EXPRESSING MY GRATITUDE TO ASSEMBLYWOMAN NOLAN. I'M VERY

FAMILIAR WITH THE ENTIRE NOLAN FAMILY, ESPECIALLY THE ONE THAT LIVES IN

THE BRONX. THEY HAVE ALL MADE GREAT CONTRIBUTIONS TO OUR BOROUGH AND

OUR CITY. AND I BELIEVE THAT OUR ASSEMBLYWOMAN, OUR CHAIRLADY,

ASSEMBLYWOMAN, IS BRINGING THIS INTO THE OPEN BECAUSE SHE'S NOT A

REBEL WITHOUT A CAUSE. SHE MUST ACTUALLY BELIEVE THAT THERE IS A

PROBLEM THAT WE NEED TO HEAR ABOUT. I WANT TO CONTINUE EXPRESSING MY

GRATITUDE BECAUSE I'M A MEMBER OF THE AGRICULTURE COMMITTEE. AND I

PROMISED THIS YOUNG LADY WHO'S IN MY STAFF, REGINA REED, WHOSE

MOTHER CAME TO THIS COUNTRY LEGALLY, WITH DOCUMENT, LOOKING FOR THE

LAND OF OPPORTUNITY. SHE'S IN MY STAFF. AND I ALSO WANT TO SPEAK ON

BEHALF OF MY CHIEF OF STAFF THAT'S WATCHING ME ON THAT TV AND SHE

SAID, YOU'VE GOT TO TONE IT DOWN. HOWEVER, I WOULD TONE IT DOWN FOR

THEM. BUT AT THE AGE OF 83, BEING PART OF THE CIVIL RIGHTS MOVEMENT IN

THIS COUNTRY, I DON'T RECALL A MOMENT WHEN DR. MARTIN LUTHER KING,

ROSA PARKS, MEDGAR EVERS AND OTHERS TONE IT DOWN WHEN THEY WAS

SUGGESTED, TONE IT DOWN, TONE IT DOWN. THEY HAD TO ORGANIZE AND

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EXPRESS AND LET OUT THEIR ANGER AS TO WHAT WAS HAPPENING TO PEOPLE OF

COLOR IN THOSE -- IN THIS COUNTRY IN THOSE DAYS. BUT I'M GOING TO TONE IT

DOWN BECAUSE MY COUNTY LEADER, ASSEMBLYMAN MARCUS CRESPO,

SPOKE WITH A PASSION AND IN ANGER. SPEAKING ABOUT HIM, WE'VE DONE

GREAT THIS YEAR. HIM, THE AMOUNT OF BILLS THAT WE DEBATED AND WE

PASSED, CARMEN DE LA ROSA, THEN-ASSEMBLYMAN AND NOW SENATOR LOU

SEPULVEDA, THAT CONTRIBUTES TO THE QUALITY OF LIFE OF PEOPLE WHO ARE IN

THIS COUNTRY LOOKING FOR OPPORTUNITY. THEY DON'T WANT HANDOUT.

PEOPLE WE'RE TALKING ABOUT OUR HARDWORKING PEOPLE. AND I WANT TO

THANK THE OTHER SIDE FOR ALSO -- I KNOW SOME OF YOU, AND I LOVE YOU.

I'VE -- I'VE GOTTEN TO UNDERSTAND YOU AND -- AND -- AND -- AND LEARN

ABOUT YOUR CONCERN THAT WHEN I WAS THE CHAIRPERSON OF THE FARM AND

NUTRITION COMMITTEE, WE WERE INSTRUMENTAL IN THOSE YEARS IN BEING THE

PEOPLE FOR THIS BODY WHO INTRODUCED THE FARMER'S MARKET MOVEMENT IN

THE STATE OF NEW YORK. I HAVE THE BEST AND MOST BEAUTIFUL FARMER'S

MARKETS BECAUSE WE'RE HELPING THE FARMER FROM UPSTATE. THAT'S HOW

YOU HELP, WHAT YOU'RE DOING FOR YOUR FARMERS IN YOUR DISTRICT. WE'RE

FROM THE BRONX, THAT'S HOW WE HELP. I'LL INVITE ANY ONE OF YOU TO COME

TO FORDHAM ROAD, FORDHAM PLAZA ON -- ON A WEDNESDAY, ON A GIVEN

DAY IN THE WEEK, AND YOU WILL SEE FARMERS COMING FROM UPSTATE TO SELL

THEIR PRODUCTS. LET ME TAKE IT A STEP FURTHER. WHEN GEORGE PATAKI WAS

GOVERNOR, A REPUBLICAN, AND PETER RIVERA, THE ASSEMBLYMAN HERE, WE

WENT TO GEORGE, BECAUSE GEORGE I KNOW SINCE HE WAS A YOUNG MAN

AND HE WAS A FARMER. WE SAID TO GEORGE, WE WANT TO HELP THE FARMERS

IN THE STATE OF NEW YORK. SO WE WANT TO SHIP APPLES TO CUBA. WE DID

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IT FOR A BRIEF MOMENT AND WE HELPED THE FARMER FROM UPSTATE. ASK

GEORGE PATAKI. WE HELPED THE FARMERS FROM UPSTATE. SO, WE HAVE

LEGITIMATE CONCERNS FROM BOTH SIDES, AND THIS DEBATE IS VERY WELCOME,

IT'S BEING WATCHED BY EVERYBODY. THERE'S A YOUNGSTER UP THERE. ALL

THESE ACTIVISTS ARE WATCHING US, IF NOT FROM OUR BALCONY, FROM ALL THE

CAMERA, BECAUSE IN THIS BODY -- SENATOR SEPULVEDA, YOU WERE

INSTRUMENTAL IN MAKING THIS BODY MORE TRANSPARENT. WE HAVE NO FEAR

OF BEING VIDEOTAPED SO THAT ALL OUR CONSTITUENTS CAN SEE US. BUT YOUR

BODY DOES NOT BELIEVE IN TRANSPARENCY YET. WE TRY TO GO OVER THERE TO

VIDEOTAPE AND WE WERE TOLD, YOU'RE NOT WELCOME HERE WITH YOUR

CAMERA. OH YEAH? THAT GOT TO CHANGE, MY BROTHER. THERE'S GOT TO BE

TRANSPARENCY ON THE OTHER SIDE.

ACTING SPEAKER AUBRY: MR. RIVERA, TRY AND

STAY ON THE BILL.

MR. RIVERA: IN CONCLUSION, I KNOW ABOUT FARMERS.

MY WIFE CALLED ME AND SAID, THEY'RE SPEAKING ABOUT FARM. AND YOU'RE

NOT A FARMER, BUT YOUR MOTHER WAS. MY MOTHER WAS A FARMER FROM THE

MOUNTAIN OF PUERTO RICO.

MOVING IT UP QUICKLY, IN 1900 THERE WAS A HURRICANE

THAT DESTROYED THE SUGAR CANE INDUSTRY OF PUERTO RICO. FIVE THOUSAND

WORKERS HAD TO GO TO HAWAII TO WORK. ALL RIGHT? BY 1963, JOSEPH

MONSERRATE WAS THE PERSON WHO WROTE UP THE AGREEMENT FOR PUERTO

RICO AND THIS STATE TO BRING THE FARM WORKERS HERE TO WORK. SO IT WAS

PUERTO RICANS IN THE 60 -- 50, 60, 70 THAT USED TO WORK IN THE FARM.

THE REASON THE ABUSES STOPPED AGAINST THEM IS THAT WE FOUND OUT WE'RE

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AMERICAN CITIZENS. BUT THE PEOPLE WE'RE TALKING ABOUT BY MOST PART ARE

NOT AMERICAN CITIZENS. THEY NEED -- THEY NEED FOR SOMEONE TO SPEAK

UP ON THEIR BEHALF. THEY'RE ALREADY HERE. THEY'RE ENTITLED. JOSEPH

MONSERRATE, EVEN THOUGH HE WROTE THE AGREEMENT BY 1963 -- I DON'T

MAKE THAT UP, SOMETIME I GOT ACCUSED OF MAKING UP GOOD STORY, YOU

KNOW -- BY 1963, JOSEPH MONSERRATE HAD ENOUGH. HE HELPED MOBILIZE

THOUSANDS OF PUERTO RICANS TO MARCH HAND IN HAND WITH MARTIN LUTHER

KING IN THE "I HAVE A DREAM" MARCH IN WASHINGTON, D.C. YOU DON'T

HAVE TO BELIEVE ME. LOOK IT UP IN THE ARCHIVES OF HUNTER COLLEGE IN

THE CITY. YOU LOOK IT UP.

SO, MR. SPEAKER, I HOPE THAT I DID TONE IT DOWN

SOMEHOW. BUT I THINK THAT AT THE END OF THE DAY WE SHOULD CONTINUE TO

CONTINUE TO HELP THE FARMERS. I KNOW THAT THEY GET HELP, SOME KIND OF

HELP FROM THE FEDERAL GOVERNMENT. I DON'T THINK IT'S ENOUGH. I KNOW

THEY GET HELP FROM THE STATE. I DON'T THINK IT'S ENOUGH. I'D BE WILLING TO

SIGN A LETTER FROM THE OTHER SIDE TO DONALD TRUMP THAT HE'S GOT TO DO

MORE. AND IF HE DOESN'T, I'D BE WILLING AND READY TO CHAIN MYSELF ON

THE WHITE HOUSE GATES UNTIL HE HEARS US. SO ARE YOU READY TO EVEN TAKE

IT TO THAT LEVEL? I AM. WE NEED TO HELP THE FARMERS ONE WAY OR

ANOTHER. NO ONE SHOULD BE A VICTIM HERE.

SO, I WILL VOTE AND ENCOURAGE A YES VOTE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BRONSON.

MR. BRONSON: ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

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BRONSON.

MR. BRONSON: I RISE TO TALK A LITTLE BIT ABOUT THIS

BILL THAT I HAVE WORKED ON FOR A NUMBER OF YEARS BOTH AS A STAFF PERSON

HERE AND NOW AS AN ASSEMBLYMEMBER. I'D LIKE TO POINT OUT THAT THE

SUGGESTION THAT SOMEHOW TO BE A SPONSOR OF A BILL OR TO -- TO BE A

COSPONSOR OR TO VOTE ON A BILL YOU -- YOU HAVE TO HAVE DIRECT

KNOWLEDGE OF THE INDUSTRY. I WOULD REMIND PEOPLE THAT IN THE PAST

BUDGET WE HAD MEASURES THAT DEALT WITH HEALTH CARE -- HEALTH CARE

WORKERS. MOST OF US ARE NOT IN THE HEALTH CARE INDUSTRY. WE HAD

MEASURES TO DEAL WITH THE DIRECT SERVICE PROVIDERS. MOST OF US ARE NOT

DSPS. WE JUST YESTERDAY PASSED THREE OF MY BILLS THAT DEALT WITH

COMPENSATION AND REIMBURSEMENT RELATED TO MENTAL HEALTH PROVIDERS.

MOST OF US ARE NOT MENTAL HEALTH PROVIDERS. AND, INDEED, MANY OF YOU

HAVE COSPONSORED AND VOTED FOR A BILL THAT WE'VE PASSED IN THIS HOUSE

TWICE FOR A PREVAILING WAGE ON PRIVATE CONTRACT PROJECTS. MOST OF US IN

THIS HOUSE ARE NOT CONSTRUCTION WORKERS. BUT LET ME GIVE YOU THIS

PERSPECTIVE. I GREW UP ON A FARM. A FAMILY FARM JUST UNDER 200 ACRES.

IT WAS MY GRANDFATHER AND GRANDMOTHER'S FARM. IT WAS MY MOM AND

MY DAD'S FARM. IT'S NOW MY OLDER BROTHER AND MY SISTER-IN-LAW'S FARM.

THE FARM WAS A DAIRY FARM IN THE BEGINNING, CONVERTED TO A BEE FARM IN

LARGE PART BECAUSE THE DAIRY INDUSTRY CHANGED IN THE '70S AND THE '80S.

I WOULD GET UP AT FIVE O'CLOCK IN THE MORNING. WE WOULD DO HAYING

AND OTHER THINGS, AND MORE OFTEN THAN NOT, WE WOULD BE DONE AT DARK,

AT NIGHT. ON OUR FARM, I ASSISTED WITH MY BROTHERS AND SISTERS AND MY

MOM AND DAD TO LOG VARIOUS TREES OVER THE YEARS, AND THEN WE BUILT THE

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BUILDINGS ON OUR FARM. OUR FARM WAS A FAMILY-SUSTAINING FARM. IT'S

WITH THAT EXPERIENCE, IT'S WITH THAT PERSPECTIVE THAT I COMMEND THE

SPONSOR FOR MOVING FORWARD ON THIS BILL, FOR WORKING ON IT FOR -- FOR

DECADES, AND MORE IMPORTANTLY, FOR LISTENING TO THE VOICES OF FARMERS

SO THAT WE COULD BALANCE THE NEEDS OF THE FARMERS AND THEIR BUSINESS

ALONG WITH THE FARM WORKERS. SOME SAY IT DIDN'T GO FAR ENOUGH, SOME

SAY IT WENT TOO FAR, DEPENDING ON YOUR PERSPECTIVE. BUT IT WAS A

COMPROMISE IN POLICY. AND, INDEED, AT ONE TIME IN OUR HISTORY WE ALL

BELIEVED THAT COMPROMISE WAS THE ART OF GOVERNMENT. THIS BILL IS AN

ARTFUL PIECE OF LEGISLATION. IT'S ARTFUL BECAUSE IT BALANCES THOSE

COMPETING INTERESTS. IT'S ARTFUL BECAUSE IT TOOK INTO CONSIDERATION THE

VOICES OF THE FARMERS WHO CAME INTO MY OFFICE OR WHEN I VISITED THEIR

FARMS IN MY DISTRICT. WHEN THEY SAID, ALL RIGHT, IF YOU DO COLLECTIVE

BARGAINING, PLEASE, WE CAN'T ALLOW STRIKES BECAUSE THAT WILL INTERFERE,

ESPECIALLY ON SEASONAL WORK. WE DID THAT. THEY CAME INTO MY OFFICE

AND THEY SAID, OVERTIME, OKAY. IT'S GOING TO BE HARD. BUT COULD YOU

MOVE IT TO 60 HOURS? JUST MOVE IT TO 60 HOURS AND I CAN LIVE WITH THAT.

WE DID THAT. THEY SAID, ON A DAY OF REST, DON'T MAKE IT MANDATORY.

ALLOW WORKERS TO VOLUNTARILY WORK ON THAT DAY. FARMERS, WE DID THAT.

IT'S A COMPROMISE PUTTING THE RIGHTS OF WORKERS, THE DIGNITY AND THE

RESPECT OF WORKERS IN PLACE LIKE ALL OF OTHER WORKERS HAVE THROUGHOUT

THIS STATE. BUT WE ALSO DID IT ACKNOWLEDGING THAT THERE IS SOMETHING

DIFFERENT ABOUT THIS INDUSTRY.

THE WAGE BOARD. MY COLLEAGUES, WE HAVE LABOR

WAGE BOARDS ALL THE TIME. BUT USUALLY IT'S ALL RUN BY DOL AND THE

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COMMISSIONER. THIS WAGE BOARD, AGAIN, AN ARTFUL COMPROMISE

BECAUSE WE HAVE THE FARM BUREAU AND WE HAVE THE AFL-CIO TO HELP

THE COMMISSIONER. WHY IS THAT IMPORTANT? BECAUSE WHEN YOU HAVE

MANAGEMENT AND LABOR TOGETHER SITTING AT THE TABLE, WALKING AND

TALKING TOGETHER, BEING ABLE TO COME UP WITH WHAT'S THE BEST FIT.

THEY'RE THE EXPERTS, WE'RE GOING TO LET THEM DO THAT.

OUR CONSTITUTION RECOGNIZES THAT LABOR IS NOT A

COMMODITY. OUR CONSTITUTION SAYS THAT WORKERS HAVE A RIGHT TO

ORGANIZE AND A RIGHT TO BARGAIN COLLECTIVELY. WE HAVE A COURT CASE NOW

THAT SAYS THE SAME THING. THIS BILL PUTS IT IN STATUTE AND RECOGNIZES THE

SPIRIT OF OUR CONSTITUTION THAT LABOR IS NOT A COMMODITY. IT'S NOT A

COMMODITY WHEN YOU'RE TALKING CONSTRUCTION WORKERS, AND IT'S NOT A

COMMODITY WHEN YOU'RE TALKING FARM WORKERS. ONCE AGAIN, THOUGH,

THIS BILL COMPROMISED IN THAT AREA BECAUSE OF THE NO STRIKE RULE AND THE

NO LOCK OUT RULE. BUT IT'S IMPORTANT THAT WE KNOW THAT THE BILL PUTS A

SYSTEM IN PLACE FOR LOCAL CONTROL. IT PUTS A SYSTEM IN PLACE WHERE THE

FARM WORKER CAN STAND WITH AND TALK WITH THE FARMER AND THEY CAN

WORK OUT THOSE SCHEDULING ISSUES. THEY CAN WORK OUT THOSE HOUR

ISSUES. THEY CAN BE CREATIVE IN MAKING THEIR PARTNERSHIP AND MAKING

SURE THIS BUSINESS SUCCEEDS. THEY CAN COOPERATE TO MAKE MEASURES

WORK FOR THAT PARTICULAR FARM. YOU ALL KNOW I'M A WORKERS' RIGHTS GUY.

BUT I'M ALSO A PERSON WHO FIRMLY BELIEVES WHEN MANAGEMENT AND

LABOR ARE TALKING TO EACH OTHER THAT THEY CAN WORK IT OUT. AND THEY

WORK IT OUT WHAT'S BEST FOR BOTH OF THEM BECAUSE THEY'RE BOTH -- THEY

BOTH HAVE THE SAME OBJECTIVE IN MIND. THE BUSINESS NEEDS TO BE

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SUCCESSFUL FOR THE WORKER TO BE SUCCESSFUL, AND THE WORKER NEEDS TO BE

SUCCESSFUL AND PRODUCTIVE FOR THE BUSINESS TO BE SUCCESSFUL. THERE'S NO

MAGIC TO THIS. WE HAVE IT IN ALL OTHER INDUSTRIES, AND WE NEED IT IN THE

FARM INDUSTRY AS WELL. THIS BILL IS A STATEMENT TO THE FARMING INDUSTRY

THAT WE HEARD YOU. YOU MAY SUGGEST WE DIDN'T GO FAIR ENOUGH, BUT WE

LISTENED TO THEIR VOICES AND WE MADE COMPROMISES ON THE BILL THAT WE

HAVE PREVIOUSLY PASSED IN THIS HOUSE.

SOME HAVE MENTIONED THE INDUSTRY. I FIRMLY BELIEVE

THAT THE AGRICULTURE INDUSTRY IS TOTALLY BROKEN. IT'S BROKEN WITH FEDERAL

SUBSIDIES, IT'S BROKEN WITH TARIFFS, IT'S BROKEN WITH A LOT OF THE FEDERAL

REGULATIONS THAT ARE THERE. IT'S BROKEN BECAUSE THERE -- THERE'S NOT

CONTROL, ESPECIALLY IN THE DAIRY MARKET, ON THE MARKET PRICE. AND BY

THE WAY, THOSE MARKET PRICES AREN'T SET UP FOR WESTERN NEW YORK

WHERE I'M IN, OR FINGER LAKES. THEY'RE SET UP FOR A HUGE REGION. A

REGION THAT'S VERY DIVERSE AND DIFFERENT, BUT YET THE FEDERAL

GOVERNMENT, THAT'S HOW THEY CHOOSE WHAT THE MARKET PRICE IS.

I THINK THAT WHAT WE NEED TO DO IS GET THIS BILL PASSED,

BUT THEN WORK WITH THE CHAIR OF AGRICULTURE. LET'S DO MORE INVESTMENT

IN OUR AGRICULTURE INDUSTRY. LET'S WORK ON THIS IN THE BUDGET. LET'S

MAKE THIS WORK. AND AS HAS BEEN MENTIONED DURING THIS DEBATE

PREVIOUSLY, WE CAN MAKE THIS WORK FOR THE FARM OWNERS AND WE CAN

ALSO HONOR THE DIGNITY AND RESPECT THE WORKERS.

ONCE AGAIN, I COMMEND THE SPONSOR FOR BEING

STEADFAST, FOR CONTINUING NOT TO GIVE UP, AND WHEN WE GOT TO A POINT

WHERE IT WAS POSSIBLE FOR LISTENING TO BOTH SIDES AND COMING UP WITH A

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WAY THAT IT CAN BE A WIN. AND AGAIN, I'D REMIND PEOPLE, IF MANAGEMENT

AND LABOR ARE WORKING TOGETHER TO ADVANCE THE BUSINESS, THAT IS THE BEST

SCENARIO FOR OUR FARM OWNERS. I AM GOING TO PROUDLY VOTE IN FAVOR OF

THIS MEASURE, AND I AM PROUD TO HAVE BEEN A PART OF IT FOR SO MANY

YEARS, AND PROUD TO HAVE LISTENED TO THE FARM OWNERS IN MY DISTRICT AND

GET TO A POINT WHERE WE MADE THE CHANGES THEY ASKED FOR: NO STRIKE,

OVERTIME AT 60 HOURS, AND LET US WORK IT OUT.

SO, MR. SPEAKER, I PROUDLY AM GOING TO BE SUPPORTING

THIS AND I ENCOURAGE ALL OF MY COLLEAGUES TO DO SO AS WELL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BARCLAY.

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

THE SPONSOR YIELD FOR A FEW QUICK QUESTIONS?

ACTING SPEAKER AUBRY: MS. NOLAN, WILL YOU

YIELD?

MS. NOLAN: YES.

ACTING SPEAKER AUBRY: MS. NOLAN YIELDS.

MR. BARCLAY: THANK YOU, MS. NOLAN. WOULD

YOU AGREE THAT BY THE VERY NATURE OF THIS BILL THAT FARMERS COSTS ARE

GOING TO INCREASE?

MS. NOLAN: I WOULDN'T SAY NOT NECESSARILY, NO.

MR. BARCLAY: WELL, IF THEY HAVE TO PAY OVERTIME

IT POTENTIALLY COULD BE SUBJECT TO COLLECTIVE BARGAINING. ISN'T THAT GOING

TO INCREASE THEIR COST?

MS. NOLAN: WELL, I THINK THAT THE IDEA THAT PEOPLE

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WILL BE ABLE TO WORK WITH LESS INJURY, FOR EXAMPLE, PEOPLE WILL NOT

MOVE -- ONE OF THE THINGS THE HEARINGS SHOWED, MR. SPEAKER, AND MY

COLLEAGUES, WAS THAT FARM LABORERS WILL OFTEN MOVE AROUND IF THEY FEEL

THEY'RE BEING MISTREATED, OR THAT ACCIDENTS HAPPEN IF PEOPLE ARE

WORKING SEVEN DAYS STRAIGHT. SO ONE OF THE REASONS WE PUT IN THE DAY

OF REST AND THE TRIGGER FOR OVERTIME WAS THAT SO EMPLOYERS WILL GET

EMPLOYEES WORKING AT THEIR BEST SO THERE MAY BE PRODUCTIVITY GAINS. IN

ADDITION, OBVIOUSLY, YES, SOME -- SOME ADDITIONAL WAGES, BUT THERE WILL

BE PRODUCTIVITY GAINS AND LESS INJURIES, ALL OF WHICH WILL CONTRIBUTE TO

LESS COST FOR THE FARMER.

MR. BARCLAY: ALL RIGHT. WELL, THEORETICALLY, I

THINK YOU COULD MAKE THE CLAIM THAT THIS IS GOING TO INCREASE THE COST TO

FARMERS. MAYBE THEY'LL SEE SOME BENEFITS FROM MORE PRODUCTIVITY OR

WHATEVER. BUT DID YOU CONSIDER IN THIS BILL WHEN YOU WERE DRAFTING IT

ANY BENEFIT FOR FARMERS IN THE -- IN THE DRAFT? FOR -- FOR INSTANCE, WHEN

WE RAISED MINIMUM WAGE, WE HAD A LOT OF NOT-FOR-PROFITS FROM HEALTH

CARE, ET CETERA, THEY COULDN'T STRUGGLE WITH THE DIFFERENCE SO WE ENDED

UP GETTING THEM MONEY TO HELP THEM PAY THAT MINIMUM WAGE THAT WE

MANDATED. IS THERE ANYTHING OR DID YOU EVER CONSIDER ANY BENEFIT HERE

FOR THE FARMER TO HELP THEM STAY IN BUSINESS?

MS. NOLAN: YES, MR. SPEAKER, AND MY COLLEAGUES.

WE HAVE A SPECIFIC PIECE IN THE BILL THAT WILL FIX THE H-2A VISA ISSUE

WHICH REQUIRED EMPLOYERS TO MAKE CONTRIBUTIONS TO THE UNEMPLOYMENT

INSURANCE TRUST FUND ON BEHALF OF WORKERS, AND SINCE 1995 THOSE

WORKERS WERE EXCLUDED FROM UNEMPLOYMENT INSURANCE BENEFITS. SO

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THAT WAS A DIRECT BENEFIT IN THE BILL. WE HAVE A LIST OF THINGS - AND I

KNOW COLLEAGUES, THERE ARE 12 SEPARATE THINGS, I THINK, FLOATING AROUND

ON A LIST SOMEWHERE -- THAT WE DID, FOR EXAMPLE, IN THE LAST BUDGET TO

HELP THE FARM INDUSTRY. AND, YOU KNOW, I WANT TO SAY AGAIN, BECAUSE I

HAVE ALWAYS BEEN SENSITIVE TO THE FACT THAT EVEN THOUGH, YES, I WAS

BORN IN SYRACUSE, I KNOW WHERE I LIVE AND REPRESENT NOW, THAT WE WANT

TO SUPPORT OUR COMMUNITY AND OUR FARM COMMUNITY. SO I HAVE ALWAYS

SUPPORTED ISSUES THAT HAVE COME OUT OF THE AGRICULTURE COMMITTEE TO

HAVE TAX BREAKS AND SUBSIDIES AND VARIOUS PROGRAMS THAT WILL ASSIST -- A

NO-INTEREST LOAN PROGRAM, FOR EXAMPLE, THAT THE FARM BUREAU IS ASKING

US TO DO. IT'S ONE REASON WE POSTPONED THE DATE OF THE SANITARY HOUSING

ISSUE TO JANUARY OF 2021, BECAUSE WE KNOW THAT WE EXPECT IN THIS

YEAR'S COMING BUDGET WE WILL BE DOING MORE FOR THE FARM INDUSTRY.

MR. BARCLAY: WELL, THANK YOU, SPEAKER -- OR

SPONSOR, AND I APPRECIATE -- I LOOK FORWARD TO WORKING WITH YOU ON

THOSE TYPES OF PIECES OF LEGISLATION BECAUSE I THINK THIS BILL,

UNFORTUNATELY -- AND ON THE BILL, PLEASE, MR. SPEAKER. I THINK THIS BILL IS

GOING TO HAVE AN INCREDIBLY ADVERSE EFFECT ON ALL OUR FARMERS. I JUST

WANT TO POINT OUT FOR MY COLLEAGUES, WE HAVE HEARD A LOT ABOUT THE

DAIRY FARMS AND HOW IT'S GOING TO AFFECT THE DAIRY FARMS. AND NO DOUBT

IT'S GOING TO HAVE AN ADVERSE EFFECT ON DAIRY FARMS. BUT FRANKLY, IT'S

GOING TO HAVE AN ADVERSE EFFECT ON ALL FARMS ACROSS NEW YORK STATE.

IN MY DISTRICT I HAVE A LOT OF VEGETABLE GROWERS AND APPLE FARMS, AND

THEY'VE REACHED OUT TO ME AND TALKED ABOUT HOW THEIR MARGINS ARE ALSO

VERY THIN AND ANY INCREASED COST REALLY WOULD MAKE THEM HAVE TO

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DECIDE WHETHER IT'S WORTHWHILE STAYING IN BUSINESS.

FOR THAT REASON AND MANY OTHER REASONS THAT MY

COLLEAGUES HAVE POINTED OUT, I WOULD URGE A NO VOTE ON THIS PIECE OF

LEGISLATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER BRAUNSTEIN: MR. FRIEND.

MR. FRIEND: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER BRAUNSTEIN: WILL THE

SPONSOR YIELD?

MS. NOLAN: YES, MR. SPEAKER.

ACTING SPEAKER BRAUNSTEIN: THE SPONSOR

YIELDS.

MR. FRIEND: THANK YOU, CATHY. IN A FEW PLACES IN

THE BILL IT MENTIONS SOME EXEMPTIONS ARE PARENT, CHILD, SPOUSE,

IMMEDIATE FAMILY, AND I THINK YOU MENTIONED THAT THE DEPARTMENT -- OR

THE COMMISSIONER OF LABOR MIGHT CLARIFY WHAT THAT "IMMEDIATE"

MEANS. I THINK WE'D ALL FEEL A LITTLE BIT MORE REASSURED IF "IMMEDIATE"

WAS DEFINED IN THE BILL OR EXPANDED. CAN YOU TOUCH ON THAT FOR ME?

MS. NOLAN: YES. I'LL GET THE SECTION. I HAVE IT IN

FRONT OF ME.

(PAUSE)

I HAVE TOO MANY PIECES OF PAPER IN FRONT OF ME, I

APOLOGIZE. ON PAGE 3, LINES THREE THROUGH SIX ON THE BILL, THE TERMS

"EMPLOYEE" SHALL ALSO INCLUDE FARM LABORERS, WHICH MEANS ANY

INDIVIDUAL ENGAGED OR PERMITTED BY AN EMPLOYER TO WORK ON A FARM

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EXCEPT THE PARENT, SPOUSE, CHILD OR OTHER MEMBER OF THE EMPLOYER'S

IMMEDIATE FAMILY. SO IN USING THE LANGUAGE WHICH OUR WONDERFUL BILL

DRAFTERS AND, AGAIN, ASSEMBLYMAN BRONSON PUT IT ALL SO BEAUTIFULLY,

YOU KNOW, WAS AN EFFORT TO TRY TO THREAD THAT NEEDLE. THE EXPRESSION

"OTHER MEMBERS OF THE EMPLOYER'S IMMEDIATE FAMILY" WE BELIEVE WILL

COVER, YOU KNOW, THE VAST MAJORITY OF CASES. THERE IS SOME PROVISION

HERE, I THINK THE COMMISSIONER OF LABOR CAN EXPAND WHAT THAT IS. AND

THERE MAY BE SOME OTHER WORK TO DO ON THAT, BUT WE FELT THE WORDS

"OTHER MEMBER OF THE IMMEDIATE FAMILY" COVERED REALLY EVERYONE.

MR. FRIEND: OKAY. WE'RE -- I'M VERY HOPEFUL THAT

THAT WILL NOT BE BECOME A PROBLEM IN THE FUTURE. WE HAVE MANY FARMS

THAT HAVE BEEN PASSED DOWN FROM GENERATION TO GENERATION AND MAY

HAVE BEEN SUBDIVIDED OR MAY HAVE ACTUALLY PURCHASED OTHER FARMS THEN

LEFT THE AREA. SO THEY KIND OF EXPANDED AND OTHER MEMBERS OF THE

FAMILY -- SO NOW YOU HAVE SECOND AND THIRD COUSINS MAINTAINING AND

RUNNING THOSE FARMS AND SHARING COSTS AND OPERATION. MAYBE SHARING

EQUIPMENT, SHARING LABOR SO THEY -- THEY THEMSELVES ARE GOING TO END

UP DOING WORK ON THOSE OTHER FARMS. NOT NECESSARILY BRINGING IN

OUTSIDE LABOR, BUT JUST THEIR OWN FAMILY WORKING ON IT, AND I'D HATE TO

SEE THAT THEY WOULD BE INCONVENIENCED BECAUSE OF THAT. MOST -- ON THE

BILL, MR. SPEAKER. THANK YOU, CATHY.

ACTING SPEAKER BRAUNSTEIN: ON THE BILL.

MR. FRIEND: MOST OF THE FARMS IN MY DISTRICT HAVE

GONE THROUGH A -- A LOT OF CHANGES JUST IN A VERY SHORT TIME. BUT I'VE

LIVED THERE MY ENTIRE LIFE, SO WE'RE LOOKING AT 46 YEARS. AND IT USED TO

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BE THAT YOU COULD DRIVE DOWN JUST ABOUT ANY ROAD IN THE TOWN THAT I

GREW UP ON AND YOU'D PASS, EASILY, 10 TO 11 FARMS AND A WIDE VARIETY,

WITH DAIRY, CHICKENS, COWS, AND YOU NAME IT. WE HAD A WIDE VARIETY

WITH EVEN SOME TOBACCO FARMS THAT ARE STILL OUT THERE. I ACTUALLY GREW

UP ON WHAT USED TO BE A DAIRY FARM. NOW, IT WASN'T ACTIVE WHEN I WAS

THERE, I HAD THE LUXURY OF BEING ABLE TO ROAM THROUGH THAT -- THAT HUGE

FARM ON MY OWN AND HAVING GREAT FRIENDS OVER THERE TO -- TO SEE WHAT

THOSE COW STANCHIONS WERE LIKE. BUT THAT'S WHERE WE'RE GOING IN THE --

IN THE STATE, IS THAT WE'RE MOVING AWAY FROM THE SMALL FARMS THAT USED

TO HAVE 50 HEAD OR 25 HEAD TO BE ABLE TO SURVIVE. OR A SMALL CHICKEN

COUP, ONE PASTURE, AND ONE TYPE OF GRAIN THAT THEY MIGHT'VE GROWN.

AND WE'RE MOVING TO THE LARGER AND LARGER FARMS, WHICH I THINK WE

COULD ALL AGREE, WE DON'T THINK MAYBE HAVING THE BEST INTENTIONS OF THE

RESIDENTS, THE CITIZENS, THE WORKERS OF THE STATE AT HEART, AND THAT'S

WHERE THE ACCIDENTS HAPPEN. IT DOESN'T HAPPEN ON THAT SMALL-SCALE

FARM. AND AS WAS REFERENCED IN THE BILL, THE US DEPARTMENT OF

AGRICULTURE'S 2017 AGRICULTURAL CENSUS SHOWED THAT 98 PERCENT OF THE

FARMS IN NEW YORK ARE FAMILY-OWNED. THERE ARE 35,000 FARMS

CURRENTLY IN THE STATE. NINETY-EIGHT PERCENT OF THAT'S QUITE A LARGE

PERCENT, BUT THAT DOES MEAN THAT THERE ARE COUPLE OF FARMS THERE THAT ARE

STARTING TO GROW TO BE LARGER BUSINESS FARMS. NOT NECESSARILY SAYING

THAT'S THE WRONG WAY TO GO, BUT IT'S ANOTHER OPPORTUNITY LOST TO NEW

YORK STATE WHEN WE SAY THAT THERE NO LONGER CAN BE A FAMILY FARM OR

ANOTHER OPPORTUNITY WHEN YOU'RE DOWN ON YOUR LUCK TO GO OUT THERE

AND START EITHER GROWING CROPS OR WORKING WITH ANIMALS. AND IT'S

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ANOTHER EXPERIENCE SET THAT WILL BE LOST TO OUR -- OUR ECONOMY. I CAN

TELL YOU THAT THE BUSINESSES IN MY DISTRICT ARE OVERWHELMED WHEN THEY

HAVE THE OPPORTUNITY TO HIRE A SON OR DAUGHTER OF A FARMER. AND WHY IS

THAT? IT'S BECAUSE THAT SON OR DAUGHTER HAS A VERY STRONG WORK ETHIC, A

CAN-DO ATTITUDE AND THEY ARE GREAT PROBLEM SOLVERS. WHY ARE THEY GREAT

PROBLEM SOLVERS? BECAUSE WHEN YOU GO OUT THERE OR TO GO OUT THERE

AND TAKE IN THE -- EITHER PLANT THE SEED, TAKE IN THE SEED OR TAKE CARE OF

THE -- THE CROPS THAT YOU'RE GROWING, IF THE EQUIPMENT BREAKS DOWN YOU

CAN'T JUST SAY, OH, CRAP. I'VE GOT TO GO OVER TO WALMART. IT DOESN'T

WORK THAT WAY. YOU GOT TO FIGURE OUT HOW TO GET THAT MACHINERY

WORKING OR HOW TO SOLVE THAT PROBLEM AND MAKE -- MAKE THINGS WORK.

SO EVERY BUSINESS IN MY COMMUNITY WAS OVERWHELMED WHEN THEY

COULD HAVE A FARMER WHO -- A SON OR DAUGHTER OF A FARMER COME AND

WORK FOR THEM.

WHEN WE GET TO THE WAGE BOARD, UNDERSTAND THAT THAT

HAS BEEN ONE OF THE COMPROMISES THAT WE'VE LOOKED AT. BUT THE WAY

THAT THE BILL IS WRITTEN, IT'S A TWO-THIRDS VOTE TO DETERMINE WHAT THE

WAGE BOARD IS GOING TO DO. WELL, WHEN YOU HAVE THE COMMISSIONER

OF LABOR - WHO IS NOT APPOINTED BY FARMERS - YOU HAVE THE AFL-CIO

REPRESENTATIVE - AGAIN, NOT APPOINTED OR REPRESENTED NECESSARILY BY THE

FARMER - AND THEN YOU HAVE THE FARM BUREAU. TWO-THIRDS, IT SOUNDS

LIKE IT'S A STACKED DECK AGAINST THE FARMER. I THINK THE APPROPRIATE

COMPROMISE WOULD HAVE BEEN A UNANIMOUS DECISION OF THOSE THREE

MEMBERS AND TO HAVE THEM, THOSE THREE, COME TO AN AGREEMENT TO MAKE

THINGS WORK. THAT WOULD HAVE BEEN A STRONG COMPROMISE, IN MY

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OPINION.

AND WE'VE TALKED A LOT ABOUT THE WEIGHT -- HUNDRED

WEIGHT FOR -- FOR MILK AND HOW FEDERAL GOVERNMENT SETS THE PRICE OF

THAT. BUT YET AGAIN, I THINK WE'RE KIND OF MISSING ANOTHER POINT OF THAT

WHOLE ASPECT OF WHAT'S HAPPENING. AGAIN, BACK IN MY DISTRICT THERE

USED TO BE A LOT OF COOPERATIVES AND A LOT OF DAIRY FARMERS. THOSE DAIRY

FARMERS HAD THE OPPORTUNITY TO PICK WHICH COOPERATIVE THEY WERE GOING

TO SELL THEIR MILK TO TO HAVE IT GET TO MARKET. BECAUSE THE DAIRY FARMER,

THEY DON'T HAVE TIME TO GO AHEAD AND MILK ALL THE COWS, STORE ALL THAT,

GET IT INTO A TRUCK AND THEN BRING IT TO MARKET. THAT'S NOT HOW IT WORKS.

IT'S SOLD TO A -- A SEPARATE SHIPPER. AND THERE USED TO BE LOTS OF

COOPERATIVES THAT YOU COULD PICK FROM. WELL, TODAY THERE'S ESSENTIALLY

ONE IN ALL OF THE NORTHEAST. AND IF YOU DON'T WORK WITH THAT

COOPERATIVE AND SOMEHOW YOU GET AN INDEPENDENT TRUCKING FIRM TO GET

YOUR MILK TO MARKET, YOU EVENTUALLY GET SQUEEZED OUT BECAUSE OF THE

PRICE THAT THE COOPERATIVE SETS. JUST TO GIVE YOU AN EXAMPLE, WE HAD A

FARMER IN MY DISTRICT, AND I ALSO HAVE A MILK PRODUCTION PLANT IN MY

DISTRICT, BUT THERE'S ALSO ANOTHER MILK PRODUCTION PLANT IN OHIO THAT THE

COOPERATIVE WORKS WITH. AND IF YOU DON'T PLAY WELL WITH THE

COOPERATIVE, WELL, INSTEAD OF SHIPPING THE MILK JUST A COUPLE OF MILES

DOWN THE ROAD TO THE WAVERLY PLANT, THEY'LL SHIP IT SEVERAL HUNDRED

MILES AWAY TO THE OHIO PLANT AND YOU WOULD GET CHARGED PER MILE TO

SEND YOUR MILK OVER TO THAT ONE IN OHIO. YOU DON'T GET TO PICK WHERE

YOUR MILK IS GOING. AND THAT'S NOT FAIR. AND THAT'S ACTUALLY SOMETHING

THAT WE COULD DO RIGHT HERE IN THE STATE TO HELP OUR DAIRY FARMERS. AND

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WE KEEP REFERENCING THAT IT'S A MILLION -- MULTI-BILLION-DOLLAR INDUSTRY.

WELL, ONCE AGAIN, IT'S A MULTI-BILLION-DOLLAR INDUSTRY OPERATED BY

35,000 FARMS. THIRTY-FIVE THOUSAND FARMS ACROSS A MULTI-BILLION-DOLLAR

INDUSTRY BREAKS DOWN TO BE NOT MUCH OF A PRODUCTION AT THE END AND

YOU'RE NOT GROSSING A LOT OF MONEY. AND THE COST OF RUNNING LARGER AND

LARGER OPERATIONS AND TRYING TO KEEP UP WITH THE TECHNOLOGY MEANS THAT

YOU HAVE TO BUY BIGGER AND BIGGER EQUIPMENT, YOU HAVE TO OWN MORE

AND MORE LAND IN ORDER TO STAY ON TOP OF THAT. ORGANIC FARMING IS VERY

LAND-INTENSIVE. YOU NO LONGER KEEP THE COWS IN THE -- IN THE BARN ALL

DAY FEEDING THEM GRAIN. TO DO ORGANIC FARMING YOU HAVE TO HAVE THOSE

COWS TO BE ABLE TO ROAM OUT ON YOUR OWN LAND, AGAIN, AND GRAZING ON

THE CROPS, WHICH MEANS YOU NEED MORE AND MORE LAND WHICH IS

ACCESSIBLE TO YOU. ONCE AGAIN, IN MY DISTRICT I HAVE A FARMER WHO

DOESN'T HAVE THAT OPPORTUNITY BECAUSE WHEN ROUTE 17 WENT THROUGH THE

DISTRICT THEY CUT HIS FARM IN HALF. AND UNFORTUNATELY, THE MAJORITY OF

THE FARM, THE GRAZING LAND, WAS ON THE ONE SIDE OF THAT -- THAT REGION.

AND NOTHING WAS DONE TO PROVIDE AN UNDERPASS FOR HIM TO BE ABLE TO

GET HIS COWS OVER TO THAT -- THAT ACREAGE. SO NOW THEY WANT TO GO TO BE

MORE ORGANIC. THEY'VE BEEN DOING EVERYTHING THEY CAN TO BE MORE

ORGANIC. THEY PURCHASED MORE COWS TO TRY TO STAY AHEAD, BUT IT

BECOMES VERY DIFFICULT FOR THEM TO BE ABLE TO DO THAT.

NOW, WE -- WE KEEP POINTING OUT DIFFERENT PORTIONS OF

THIS BILL, HOW IT'S HELPING FARMERS OR HURTING FARMERS, AND WE'RE SAYING

THAT IT'S -- IT'S ALL ABOUT HELPING THE FARM LABORER AND THAT IT'S NOT

TARGETING ANY ONE PORTION OF THE FARM INDUSTRY. UNDER CURRENT LAW,

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EMPLOYEES AND DAIRIES, CREAMERIES, MILK CONDENSERIES, MILK POWDER

FACTORIES, MILK SUGAR FACTORIES, MILK SHIPPING STATIONS, BUTTER AND

CHEESE FACTORIES, ICE CREAM MANUFACTURING PLANTS AND MILK BOTTLING

PLANTS WHERE NOT MORE THAN SEVEN PERSONS ARE EMPLOYED ARE EXEMPT

FROM THE ONE DAY OFF. EMPLOYEES WHOSE DUTIES INCLUDE NOT MORE THAN

THREE HOURS WORK ON SUNDAY AND SETTING SPONGES IN BAKERIES, CARING

FOR LIVE ANIMALS, MAINTAINING FIRES OR MAKING NECESSARY REPAIRS FOR

BOILERS OR MACHINERY ARE EXEMPT FROM THE ONE DAY OFF. SO WHAT DO WE

DO IN THIS? WE GO AHEAD AND WE STRIKE THE DAIRIES, THE CREAMERIES THAT

HAVE FEWER THAN SEVEN PERSONS EMPLOYED, AND WE STRIKE CARING FOR LIVE

ANIMALS WHERE IT'S FEWER THAN THREE HOURS ON SUNDAY. WELL, RIGHT THERE

THAT TELLS US THAT THIS ISN'T GOING AFTER THE BIG FARMS, THIS IS GOING AFTER

THE SMALL FARMS. THE SMALL FARMS IN MY DISTRICT THAT ARE STRUGGLING TO

STAY AHEAD, DOING EVERYTHING THEY CAN TO KEEP AHEAD. AND MY CONCERN

IS THAT IF WE DON'T DEFINE "IMMEDIATE" THAT WE COULD VERY WELL BE GOING

AFTER THE FAMILY FARMS NEXT. AND I CAN TELL YOU, THE FAMILY FARMS ARE

ALREADY DISAPPEARING FROM MY DISTRICT BECAUSE OF THE UTILITY COSTS, THE

HIGH PROPERTY TAXES IN THE STATE. THEY ARE LOOKING AT PENNSYLVANIA --

ACTING SPEAKER BRAUNSTEIN: MR. FRIEND,

EXCUSE ME ONE SECOND.

MS. NOLAN, WHY DO YOU RISE?

MS. NOLAN: MR. SPEAKER, AND MY COLLEAGUES,

YOU'LL NOTICE THAT I NEVER INTERRUPT PEOPLE WHEN THEY'RE SPEAKING AND I

NEVER HAVE --

MR. FRIEND: I HAVEN'T YIELDED --

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ACTING SPEAKER BRAUNSTEIN: I --

MR. FRIEND: I HAVE NOT YIELDED --

MS. NOLAN: I MUST ASK HIM IF HE WOULD YIELD FOR A

POINT OF CLARIFICATION ON THE ISSUE OF THE CREAMERIES.

ACTING SPEAKER BRAUNSTEIN: MR. FRIEND,

DO YOU YIELD?

MR. FRIEND: OKAY -- SURE. WE'LL GO AHEAD AND

YIELD.

ACTING SPEAKER BRAUNSTEIN: MR. FRIEND

YIELDS.

MS. NOLAN: YEAH. I -- DO YOU BELIEVE THAT -- DO

YOU UNDERSTAND FROM THE READING OF THE BILL THAT IT ACTUALLY GRANTS THOSE

INDUSTRIES THE PROTECTIONS THAT YOU THINK IT DOES NOT? I JUST WANT TO

CLARIFY THAT.

MR. FRIEND: WELL, I MEAN, UNDER THE BILL -- SO,

CURRENTLY CREAMERIES ARE LISTED AS BEING EXEMPT IF THEY HAVE FEWER THAN

SEVEN PERSONS EMPLOYED. WE HAVE STRICKEN CREAMERIES FROM THAT PART

OF THE -- THE SECTION. HAVE YOU PUT THEM BACK IN IN ANOTHER SECTION IN

THAT CASE?

MS. NOLAN: SO -- SO THEY'RE BEING TREATED -- THEY'RE

GOING TO BE ABLE TO NOT DO WHAT A REGULAR INDUSTRIAL PLANT WOULD DO.

THEY STILL GET -- THEY STILL GET TREATED LIKE THEY'RE FARMS EVEN THOUGH

THEY'RE CREAMERIES AND OTHER --

MR. FRIEND: I'M JUST --

MS. NOLAN: -- INDUSTRIAL EMPLOYEES.

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MR. FRIEND: I'M JUST READING CURRENT LAW VERSUS

WHAT THE NEW LAW DOES. THAT -- THAT'S ALL I'M REFERRING TO.

MS. NOLAN: ALL RIGHT. WE'LL -- WE'LL TRY TO MAKE

SURE WE GET THE GENTLEMAN THE EXACT CLARIFICATION. I DON'T WANT TO TAKE

HIS TIME, BUT WE WILL -- WE BELIEVE -- THERE'S A MISINTERPRETATION HERE.

WE'LL TRY TO FIGURE IT OUT. THANK YOU.

ACTING SPEAKER BRAUNSTEIN: THANK YOU,

MS. NOLAN.

MR. FRIEND ON THE BILL.

MR. FRIEND: SO IN -- IN THE REST OF THE VAIN, AGAIN,

TALKING ABOUT THIS BILL AND WHETHER OR NOT WE'RE GOING AFTER ALL FARMS,

SMALL FARMS, FAMILY FARMS, WE GO AHEAD AND SAY IN THE WORKERS'

COMPENSATION -- OR THE UNEMPLOYMENT INSURANCE, IT REMOVES THE

LIMITED EXEMPTIONS, AGAIN, GOING AFTER THE SMALL FARMS. WORKERS'

COMPENSATION, REMOVE LIMITED EXCLUSION. ALL FARM -- IS -- ALL FARM

LABORERS WHERE IT'S LESS THAN $1,200 IN THE AGGREGATE. AGAIN, YOU'RE

GOING AFTER THE SMALL FARMS IN THAT CASE, NOT THE BIG FARMS. DISABILITY

BENEFITS, REMOVE AN EXCLUSION FROM THE PROVISIONS OF THE DISABILITY

BENEFITS LAW. LABOR CAMPS FOR MIGRANT WORKERS, REMOVES THE

EXCLUSION, ONCE AGAIN, FOR WHERE -- YOU HAVE IT'S OCCUPIED BY FEWER

THAN FIVE PEOPLE. THESE AREN'T BIG FARMS THAT WE'RE TALKING ABOUT. IT'S

THE SMALL FARMS. AND I'M CONCERNED THAT WE'RE GOING TO BE TARGETING

THE FAMILY FARMS NEXT BY NOT DEFINING "IMMEDIATE" TO WELL ENCOMPASS

WHAT WE'RE ALREADY SEEING IN OUR POPULATION SET. AND THAT'S WHAT WE

SHOULD'VE BEEN DOING DURING THE ROUNDTABLES AND THE INVESTIGATIONS

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DURING THE LAST SIX MONTHS, IS TO GET A GOOD SET OF THE DATA TO SAY WHAT

WOULD BE IMMEDIATE AND HOW WOULD WE BE ABLE TO PROTECT THOSE

IMMEDIATE FAMILY FARMS ACROSS THE ENTIRE STATE BEFORE WE MOVE

FORWARD WITH IT.

JUST TO MOVE ON WITH A MEMORANDUM OF OPPOSITION.

IT JUST CAME THROUGH TODAY BECAUSE THE BILL WAS INTRODUCED THIS

WEEKEND. WE HAVE BEEN DEBATING IT FOR 20 YEARS, IT'S CHANGED OVER 20

YEARS. THERE WERE ROUNDTABLE DISCUSSIONS FOR SIX MONTHS, THE BILL WAS

INTRODUCED ON THE 16TH. SO THIS -- THIS OPPOSITION MEMO IS FROM THE

NEW YORK FARM BUREAU, THE NEW YORK STATE VEGETABLE GROWERS

ASSOCIATION, THE NORTHEAST DAIRY PRODUCERS ASSOCIATION, NEW YORK

APPLE ASSOCIATION, AGRI-MARK DAIRY COOPERATIVE, UPSTATE NIAGARA

COOPERATIVE, CAYUGA MARKETING, CAYUGA MARKETING INGREDIENTS,

EMPIRE STATE COUNCIL OF AGRICULTURAL ORGANIZATIONS, NEW YORK STATE

HORTICULTURAL SOCIETY, NEW YORK WINE INDUSTRY ASSOCIATION, NEW

YORK WINE GRAPE GROWERS, LONG ISLAND WINE COUNCIL, AGRICULTURE

AFFILIATES, NORTHEAST AGRIBUSINESS AND FEED ALLIANCE, EMPIRE STATE

FOREST PRODUCERS ASSOCIATION, NEW YORK ASSOCIATION OF AGRICULTURAL

EDUCATORS, NEW YORK THOROUGHBRED BREEDERS. IT COVERS JUST ABOUT THE

ENTIRE GAMUT OF WHAT'S COVERED IN THE STATE, AND THE ENTIRE STATE IS

REPRESENTED IN THIS OPPOSITION MEMO. "FOR THE PAST SIX MONTHS,

HUNDREDS OF FARMERS AND FARM WORKERS SPENT COUNTLESS HOURS MEETING

WITH LEGISLATORS, TESTIFYING AT HEARINGS, HOSTING LEGISLATIVE FARM TOURS --

ACTING SPEAKER BRAUNSTEIN: MR. FRIEND,

YOUR 15 MINUTES ARE UP. YOU COULD ALWAYS COME BACK --

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MR. FRIEND: I WILL BE BACK.

ACTING SPEAKER BRAUNSTEIN: -- FOR ANOTHER

15.

MS. [SIC] ARROYO.

MRS. ARROYO: THANK YOU, MR. SPEAKER, FOR

GIVING ME THE OPPORTUNITY TO MAKE A COMMENT ON THIS BILL. I -- I AM

SITTING HERE AND LEARNING AND GOING TO MY YEARS WHEN I WAS A CHILD. I

WAS BORN AND RAISED IN A FARM, AND MY FATHER HAVE BUSINESS IN

AGRICULTURE. MY EXPERIENCE OF THAT THOSE YEARS WAS TO WORK, SEE MY

FAMILY WORKING WITH THE PEOPLE THAT WERE POOR. AND I REMEMBER THAT

MY MOTHER PREPARE A ROOM -- HAD A ROOM IN THE HOUSE WHERE WHEN THE

CHILDREN OF THE EMPLOYEES WERE SICK, THEY -- THERE WERE PEOPLE THERE TO

TAKE CARE OF THEM. BUT TODAY WHAT I AM LEARNING IS SOMETHING

DIFFERENT. THIS IS A POLITICAL ISSUE THAT WE'RE MAKING HERE. WHEN WE

UNDERSTAND THAT THE PEOPLE THAT ARE HERE REPRESENTING THE WORKERS IS

JUST A SMALL PERCENTAGE OF THE THOUSANDS OF PEOPLE THAT WORK IN THOSE

FARMS. I KNOW HOW THEY WORK, I HAVE VISIT THEM. I HAVE WORKED IN THE

STATE WHEN OLGA MENDEZ WAS THE CHAIRMAN [SIC] OF THE COMMITTEE

AND MICHAEL BRAGMAN WAS HERE THE -- THE LEADER, AND HE PAY OUR

EXPENSES TO GO AROUND. AND I'M FAMILIAR. AND I HAVE TO TELL YOU

SOMETHING ELSE, BECAUSE THERE WERE SOMETHING MENTIONED HERE OF

IMMIGRANTS WORKING IN THOSE FARMS. THERE IS A LOT OF PUERTO RICANS

WORKING IN THOSE FARMS. AND REMEMBER, THEY ARE AMERICAN CITIZENS.

IT'S IMPORTANT THAT WE CAN UNDERSTAND WHAT IS THE PROBLEM AND HOW

CAN, WE AS SMART PEOPLE, WORK WITH THE PROBLEM. THE OWNERS OF THE

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FARMS THAT ARE DIFFERENT -- EACH -- EACH PROGRAM IS DIFFERENT FROM THE

OTHERS. ADDING ONE SIDE -- AND THE EMPLOYEES THAT ARE IN NEED BECAUSE

TODAY'S LIFE IS NOT THE LIFE OF 40 YEARS AGO. TODAY EVERYTHING IS

EXPENSIVE, AND TODAY WHEN A MEMBER OF THE FAMILY GOT SICK YOU NEED A

LOT OF MONEY TO GET -- TAKE CARE OF THAT. BUT THE FARMERS NEED HELP. WE

HAVE TO WORK TOGETHER, MRS. NOLAN, TO DEVELOP A BILL, TO DEVELOP A

LEGISLATION THAT WE CAN PRESENT TO THE FEDERAL GOVERNMENT WHERE WE

CAN BRING INCENTIVE TO THE OWNERS OF THE FARMS, AND THEN THE PEOPLE

THAT WE ARE DEFENDING TODAY WILL HAVE PERMANENT JOBS AND WILL HAVE

BETTER OPPORTUNITIES BECAUSE THERE WILL BE MONEY TO PAY EVERYBODY. IT

IS MY INTENTION TO HELP. THAT'S WHY I'M SPEAKING, BECAUSE I DON'T WANT

TO TAKE TIME TO, YOU KNOW, TALK ABOUT THINGS THAT ARE NOT IMPORTANT.

WHAT IS IMPORTANT HERE, THERE IS A COMMUNITY OUT THERE THAT NEED, AND

THERE IS A NATION IN PROBLEMS BECAUSE THE FEDERAL GOVERNMENT -- THAT IS

REPUBLICAN -- IS NOT TAKING CARE OF THE BUSINESS. LET'S GET TOGETHER AND

TAKE CARE OF THE BUSINESS OURSELF. AND WITH THE HELP OF GOD, WE COULD

DO IT.

THANK YOU, AND GOD BLESS ALL OF YOU.

ACTING SPEAKER BRAUNSTEIN: THANK YOU,

MRS. ARROYO.

MS. WALKER.

MS. WALKER: THANK YOU, MR. SPEAKER. SO, TODAY,

THOUGH WE CELEBRATED JUNETEENTH ON MONDAY, IS THE ACTUAL DAY FOR

JUNETEENTH. AND ON THIS DAY WE RECOGNIZE THAT THERE WAS A QUASI END

TO SLAVERY. AND THE REASON WHY I SAY QUASI IS BECAUSE IT'S ABOUT

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SEMANTICS. SLAVERY WAS REPLACED WITH MANY THINGS, INCLUDING

SHARECROPPING. SO THERE WAS THIS AMAZING OPPORTUNITY FOR INDIVIDUALS

TO HAVE SOMETHING THAT THEY CONSIDERED 40 ACRES AND A MULE. AND THEY

WERE GIVEN MANY OF THESE OPPORTUNITIES FOR LAND OWNERSHIP AFTER THE

CIVIL WAR. BUT DURING RECONSTRUCTION, THAT WAS ROLLED BACK. AND IT

WAS ROLLED BACK UNDER LAWS THAT WERE CALLED THE "BLACK HOLE" THAT SAID

ANY OF THE FEDERAL LAND THAT HAD BEEN GIVEN UNDER THE CIVIL WAR HAD TO

BE RETURNED BACK TO THEIR ORIGINAL OWNERS. THEN THERE WERE CERTAIN

CRISES THAT TOOK PLACE IN THE SOUTH WITH RESPECT TO THE SHARECROPPING OF

COTTON. AND WHEN COTTON BECAME A COMMODITY THAT THEY HAD TO ROLL

BACK AND INCREASE THE PRICES AND ROLL BACK THE PRODUCTION, THE FEDERAL

GOVERNMENT GAVE THESE LANDOWNERS LARGE AMOUNTS OF MONIES IN ORDER

TO STOP THE PRODUCTION OF COTTON ON THEIR LAND. AS A RESULT OF THAT, THERE

WAS A WHOLESALE EVICTION OF WHAT WE KNEW OF AT THAT MOMENT AS

SHARECROPPERS, AND THIS ALLOWED FOR THE CREATION OF THE FIRST BEGINNING

OF SOUTHERN FARM WORKERS UNIONS. IN THAT REGARD, THERE WAS A

FREEDMEN ASSOCIATION THAT BEGAN TO FORM IN ORDER TO FIGHT FOR WORK FOR

FARM WORKERS' RIGHTS. A, INCLUDING AGAINST BEING EVICTED OFF THE LAND,

BUT B, AS -- THEY ALSO FOUGHT FOR RIGHTS SUCH AS HOURS, FAIR WAGES, ET

CETERA, ET CETERA. AND THIS BASICALLY SOUNDS JUST LIKE THE CONVERSATION

THAT I'VE HEARD HERE TODAY. SO I THINK THAT IN -- IN -- IN REGARDS TO WHAT

WE'RE DEALING WITH RESPECT TO JUNETEENTH, AND LOOKING AT AN ERADICATION

OF WE KNOW OF AS INDIGENT SERVITUDE AND/OR SLAVERY, THAT WE SAY TODAY

AS A STATE THAT WE ARE NO LONGER GOING TO GO BACKWARDS IN TIME AND THAT

WE WILL CONTINUE TO MOVE FORWARD, AS WE HAVE, IN A PROGRESSIVE

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NYS ASSEMBLY JUNE 19, 2019

MANNER HERE IN OUR STATE LEGISLATURE TO FINALLY SIGN AND VOTE ON IN THE

AFFIRMATIVE THE FARM WORKERS BILL.

I WANT TO COMMEND THE SPONSOR OF THIS VERY LOFTY

PIECE OF LEGISLATION, BECAUSE BLACK FARM WORKERS HARDLY EVER GET THEIR

LIGHT -- OR THE DAY IN THE SUNLIGHT WITH RESPECT TO ALL OF THE PLIGHT THAT

WE'VE HAD TO GO THROUGH. SO, I LOOK FORWARD TO THE SUCCESSFUL PASSAGE

OF THIS LEGISLATION. I THINK THAT THIS REALLY IS A -- IT REALLY SORT OF WORKS

WITH THE EBB AND FLOW THAT WE'VE BEEN, YOU KNOW, SOME ORGANIZING

AROUND, AND FINALLY WE ARE SAYING THAT THE PLAGUES OF YESTERYEAR WITH

RESPECT TO THE UNSAFE, INHUMANE CONDITIONS ON MANY OF THE FARMS

AROUND OUR STATE AND AROUND OUR COUNTRY ARE NO LONGER ACCEPTABLE.

AND THAT WE HAVE A VALUABLE WORKFORCE THAT NEEDS AND DESERVES THE

DIGNITY, THE INTEGRITY IN TERMS OF THEIR CAREERS, JUST AS ANY OTHER

WORKFORCE IN OUR COUNTRY.

SO, THANK YOU, MR. SPEAKER, FOR ALLOWING ME TO MAKE

THAT STATEMENT.

ACTING SPEAKER BRAUNSTEIN: THANK YOU,

MR. WALKER.

MR. ASHBY.

MR. ASHBY: THANK YOU, MR. SPEAKER. I -- I'D LIKE

TO CLARIFY A MISREPRESENTATION I HEARD EARLY ON IN THE DISCUSSIONS WE

HAD REGARDING OUR FARM --

ACTING SPEAKER BRAUNSTEIN: EXCUSE ME,

MR. ASHBY. COLLEAGUES, WE'RE ON DEBATE. IF WE COULD KEEP THE

CONVERSATIONS DOWN. THANK YOU.

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NYS ASSEMBLY JUNE 19, 2019

CONTINUE, MR. ASHBY.

MR. ASHBY: THANK YOU, MR. SPEAKER. I'D LIKE TO

CLARIFY A MISREPRESENTATION I HEARD EARLY ON IN THIS DISCUSSION REGARDING

FAMILY FARMS. CONTRARY TO WHAT THE SPONSOR ALLUDED TO IN THE FARMING

INDUSTRY, I HAVE SEVERAL FAMILY FARMS IN MY DISTRICT, WYSOCKI FARM,

SCHOOLED ORCHARDS, PETER'S DAIRY, B. JOSH DELI FARMS, OOM FARMS,

SWART'S FARMS, HARRINGTON FARMS. THOSE AREN'T CATCHY TRADEMARK

NAMES. THOSE ARE FAMILY FARMS. AND THEY CONTINUE TO STRUGGLE TODAY,

EVEN HAVING TWO TO THREE GENERATIONS OF FAMILY WORKING ON THEM.

SOME OF THEM WITH PROGRESSIVE NEUROLOGICAL DISORDERS THAT CONTINUE TO

GET UP EACH DAY AND WORK THAT FARM. SOME OF THEM SUPPORTING FAMILY

MEMBERS WHO ARE PROFOUNDLY DISABLED, CONTINUING TO GET UP EACH DAY

TO SUPPORT THAT FARM, WORKING OTHER JOBS BECAUSE OF THEIR BELIEF IN -- IN

THEIR MISSION AS FARMERS. ACCORDING TO THE NEW YORK TIMES AND OUR

OWN NEW YORK STATE DEPARTMENT OF AGRICULTURE, WE LOSE 100 FARMS,

ROUGHLY, A YEAR. FROM 2012 TO 2017 WE LOST 550 FARMS. I KNOW THAT

THIS FINANCIAL BOTTOM LINE HAS BEEN CITED AND AGRICULTURE BEING A

BOOMING INDUSTRY, BUT THE FACT THAT WE HAVE A SUICIDE HOTLINE BEING

PASSED OUT TO OUR FARMERS CERTAINLY SPEAKS AND SHOULD INDICATE TO THE

FRAGILITY OF THIS ISSUE. AND IT'S UNDERLYING. SO WHEN WE TALK ABOUT

MAKING MASSIVE CHANGES TO THIS INDUSTRY, WE SHOULD REALLY CONSIDER

WHAT WE'RE DOING TO THIS INDUSTRY, WHAT WE'RE DOING TO THE WORKERS THAT

ARE -- THAT ARE GOING TO BE FACED WITH THIS EACH DAY. I WOULD ENCOURAGE

THE SPONSOR AND ANY MEMBER OF THIS BODY TO VISIT FARMS IN MY DISTRICT.

IT'S NOT THAT FAR AWAY. IT'S RIGHT ACROSS THE RIVER. RENSSELAER COUNTY,

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NYS ASSEMBLY JUNE 19, 2019

COLUMBIA COUNTY, WASHINGTON COUNTY. TALK WITH THEM. THE FACT THAT

WE DIDN'T HAVE HEARINGS ON THIS THROUGHOUT THE STATE THAT ARE -- THAT ARE

LOADED WITH FARMS SPEAKS TO THE LEVEL OF INTEREST, I THINK, IN THE

MAJORITY AND THIS BODY AND THE SPONSOR, AT TIMES, WHO DOESN'T WANT TO

HEAR FROM FARMERS. THAT'S -- THAT'S VERY SURPRISING AND IT'S

DISHEARTENING, AND I WOULD ENCOURAGE A NO VOTE ON THIS.

THANK YOU.

ACTING SPEAKER BRAUNSTEIN: THANK YOU.

MR. EPSTEIN.

MR. EPSTEIN: THANK YOU. WILL THE SPONSOR YIELD?

ACTING SPEAKER BRAUNSTEIN: WOULD THE

SPONSOR YIELD?

MS. NOLAN: ALWAYS, MR. SPEAKER.

ACTING SPEAKER BRAUNSTEIN: THE SPONSOR

YIELDS, MR. EPSTEIN.

MR. EPSTEIN: YES. ASSEMBLYWOMAN NOLAN, JUST --

JUST -- I -- I WANT TO HEAR MORE ABOUT THE BALANCE THAT YOU TRIED TO

CAPTURE BETWEEN FARM WORKERS AND FARMERS IN CRAFTING THIS BILL. CAN

YOU KIND OF EDUCATE US A LITTLE MORE HERE?

MS. NOLAN: EARLIER IN THE DEBATE, BUT I'M HAPPY TO

REPEAT IT AGAIN. WE DID - AND I THANK THE SPONSOR -- THE GENTLEMAN FOR

ASKING ME THAT BECAUSE AS COLLEAGUE BRONSON SAID, WE DID TRY TO THREAD

THE NEEDLE IN A FAIR WAY. WE ARE LISTENING TO THE FARMERS OF OUR STATE.

THE ORIGINAL LEGISLATION HAD A 40-HOUR OVERTIME TRIGGER, AS MOST

WORKERS IN OUR STATE ENJOY. WE AGREED, IN THE INTERESTS OF MOVING

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FORWARD AND IN THE UNIQUE CHALLENGES THAT THE FARM INDUSTRY FACES, TO

GO TO A 60-HOUR TRIGGER. WE ALSO GAVE -- MADE A CHANGE IN LAW SO THAT

PEOPLE WHO WERE PAYING INTO UNEMPLOYMENT INSURANCE FOR H-2A

WORKERS WILL GET A REDUCTION IN THEIR UNEMPLOYMENT INSURANCE. WE PUT

IN A DAY OF REST FEATURE, BUT THE DAY OF REST HAS TO BE AGREED TO. AND

THEY -- THEY CAN COUNT RAIN AND OTHER THINGS AS THE DAY OF REST. SO WE

PUT IN A NUMBER OF THINGS THAT WE THINK WILL KEEP THE BALANCE SO THAT

FARMERS WHO OWN FARMS IN OUR STATE CAN CONTINUE TO BE SUCCESSFUL, AND

YET GIVE WORKERS SOME BASIC PROTECTIONS THAT, AGAIN, THE NEW YORK

STATE LABOR RELATIONS ACT WHICH GRANTED COLLECTIVE BARGAINING RIGHTS

TO EMPLOYERS -- EMPLOYEES WAS PASSED IN 1937. IT SPECIFICALLY

EXCLUDED FARM LABORERS. WE'VE ALSO MODIFIED OR TAKEN AWAY THEIR

ABILITY TO STRIKE, WHICH WAS A VERY SERIOUS, VERY SERIOUS COMPROMISE IN

MY PART. BUT WE DID AGREE BECAUSE THE FARM BUREAU ITSELF, WHICH,

AGAIN, HAS BEEN PART OF THE DISCUSSION, HAS AGREED TO A NO LOCKOUT CARD

CHECK TYPE OF PROCESS. SO EACH STEP OF THE WAY WE TRIED TO MATCH A

COMPROMISE FOR THE FARM LABORERS WITH A COMPROMISE FOR THE FARMERS,

AND WALKED THEM IN TANDEM THROUGH THE WAGE BOARD AND OTHER THINGS.

MR. EPSTEIN: THANK YOU.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. EPSTEIN: I -- I REALLY WANT TO THANK THE

SPONSOR TO TRY TO FIGURE OUT A COMPROMISE HERE. AND IT'S OUR JOB AS

LEGISLATORS AROUND THE STATE TO THINK ABOUT THE INTERESTS OF EVERY ONE.

AS SOMEONE WHO LIVES IN NEW YORK CITY, IT'S OUR JOB TO THINK ABOUT

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SUPPORTING FARMERS GOING FROM BEING A PART OF OUR COMMUNITY AND

SUPPORTING AGRICULTURE, WHICH I'VE BEEN DOING FOR ALMOST 20 YEARS,

GOING TO FARMS AND WORKING ON A FARM, WHICH I'VE DONE. HAVING

FRIENDS WHO -- WHO RUN FARMS. THE PEOPLE FROM MY COMMUNITY GO UP

TO START FARMS AROUND THE STATE. THOSE ARE THE THINGS THAT WE DO IN

NEW YORK CITY. THAT'S OUR JOB TO UNDERSTAND IT. AND TO SAY THAT GOING

FROM 40 TO 60 HOURS ISN'T A COMPROMISE, IS EXACTLY WHAT THAT IS. THE

UNDERSTANDING OF THE NEEDS OF FAMILY FARMS, UNDERSTANDING THE NEEDS

OF LARGER FARM BY MAKING COMPROMISES IS EXACTLY WHAT THIS BILL SEEKS

TO DO. BUT IT ALSO SEEKS TO CREATE BARGAINING POWER FOR PEOPLE WHO ARE

POWERLESS. AND WHAT WE'RE EMPOWERED TO DO HERE IS TO THINK ABOUT

PEOPLE WHO DO NOT HAVE POWER IN OUR SOCIETY. THAT'S EXACTLY WHAT

FARM WORKERS ARE LIKE. THEY DON'T HAVE POWER. THEY DON'T HAVE RIGHTS

TO ORGANIZE THAT WE'RE GOING TO CREATE. THEY DON'T HAVE THE ABILITY TO

GET A DAY OFF OR, SAY, ONE DAY EVERY SEVEN DAYS. WE'RE NOT EVEN SAYING

WHAT DAY THAT IS TO GIVE FLEXIBILITY TO FARMERS AND MAKE SURE THEY --

THEY FARM. AS A PERSON WHO IS ON THE AGRICULTURE COMMITTEE, WE HEAR

THESE CONCERNS OF FARMERS AND WE RESPECT IT. THAT'S WHY WE'RE LOOKING

AT DOING STUDYING, WHAT'S GOING ON ON FARMS, UNDERSTANDING WHAT THE

IMPACT IT HAS. BUT ALSO THINKING ABOUT THE GOALS OF NOT PITTING FARMERS

AGAINST FARM WORKERS. FARM WORKERS NEED TO HAVE A RIGHT AND NEED TO

HAVE A PROTECTION. OUR JOB IS TO PROTECT THOSE FARM WORKERS. AND SO

WE HEAR THAT PEOPLE IN NEW YORK CITY SHOULDN'T BE COMMENTING ON

THESE OR SHOULDN'T BE THE SPONSORS OF THESE BILLS. BUT WE SEE THIS

HAPPENING ALL THE TIME, AS WE HEARD EARLIER. WHEN WE DEBATED THE RENT

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LAWS WHICH AFFECT MILLIONS OF PEOPLE IN NEW YORK AND TENS OF

THOUSANDS OF PEOPLE IN MY DISTRICT, I DIDN'T HEAR FOLKS NOT SPEAKING ON

IT. I DIDN'T HEAR PEOPLE SAYING -- NOT COMMENTING ON IT. THINGS THAT

AFFECT ALL OF US, WE HAVE AN OBLIGATION TO USE OUR HEARTS AND OUR MINDS

TO MAKE THE BEST DECISION. AND THAT'S WHAT WE'RE TRYING TO DO HERE.

THAT'S WHY WE'RE PUSHING FOR THIS, AND THAT'S WHY I APPLAUD THE SPONSOR

FOR PUSHING THIS BILL FORWARD, AND I IMPLORE US ALL TO VOTE IN FAVOR OF

THIS BILL.

THANK YOU.

ACTING SPEAKER AUBRY: MR. RAMOS.

MR. RAMOS: MR. SPEAKER, I COMMEND THE SPONSOR

ON THIS BILL THAT DEFENDS THE RIGHTS OF FARMS WORKERS. AND -- AND WHEN

I LISTEN TO THE DEBATE HERE, I GET D�J� VU. IT'S KIND OF THE SAME -- SAME

DYNAMIC THAT WE HEAR OVER AND OVER AGAIN. EMPLOYERS ABOVE

EMPLOYEES. ECONOMIC INTERESTS ABOVE WORKERS' RIGHTS. AN INDUSTRY

MORE IMPORTANT THAN WORKERS, PREDOMINANTLY PEOPLE OF COLOR WORKING.

THE SAME DYNAMIC IS D�J� VU. WE HEAR THIS ALL -- ALL THE TIME. IF WE

WERE TO TAKE THIS DEBATE AND REWIND AND GO BACK IN TIME, THIS SAME

DEBATE, GO BACK TO THE TIME WHEN THEY WERE TALKING ABOUT FREEING THE

SLAVES. YOU WOULD HEAR THE SAME THING. THE INDUSTRY CAN'T SUPPORT IT.

WE -- YOU KNOW, IT'S JUST -- WE'RE NOT READY FOR THIS, BECAUSE IT IS GOING

DEVASTATE AGRICULTURE. WE NEED TO BE ABLE TO EXPLOIT HUMAN BEINGS IN

LABOR. WE NEED THEIR LABOR IN ORDER FOR OUR COUNTRY TO MOVE FORWARD

AND OUR ECONOMY TO HAVE AN ADVANTAGE. PROFITS OVER PEOPLE. WE

FAST-FORWARD A LITTLE TO AFTER THE SLAVES WERE FREED AND WE HAD

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SHARECROPPERS, AS -- AS WAS MENTIONED HERE, AND THEY STARTED OFF

BASICALLY WORKING FOR FOOD BECAUSE THERE WERE VERY FEW OPTIONS. AND

WHEN PEOPLE STARTED TO STAND UP FOR THEIR RIGHTS, WE HEARD THIS SAME

DEBATE TRANSPOSED TO THE EARLY 1900'S. WELL, NO, WE CAN'T START PAYING

THEM WAGES. YOU KNOW, THEY'RE -- THEY'RE ABLE TO PLANT THEIR OWN CROPS

AND THEY CAN LIVE ON -- ON THAT, AND WE NEED THEIR LABOR. AND IT'S GOING

TO HURT THE INDUSTRY IF WE DON'T ALLOW A -- ALLOW A SYSTEM THAT EXPLOITS

THESE FARM WORKERS. AND THEN WE GO FURTHER UP WHEN WE START TALKING

ABOUT PAYING THEM THE SAME MINIMUM WAGE AS EVERYBODY ELSE.

BECAUSE FOR A LONG TIME - AND I REMEMBER WHEN I WAS YOUNG - FARM

WORKERS WERE ALLOWED TO BE PAID WAY BELOW MINIMUM WAGE. THEY

WERE MARGINALIZED. AND THAT SAME DEBATE -- WE CAN'T BECAUSE THIS WAY

PEOPLE CAN HAVE THEIR FRUITS VERY CHEAP AND THEY CAN HAVE THEIR

AGRICULTURAL PRODUCTS AND WE HAVE TO HAVE THAT. AND THAT'S MORE

IMPORTANT THAN PEOPLE. FAST-FORWARD TO JUNE 2019. WE'RE ASKING FOR

THEM TO HAVE THE SAME RIGHTS AS ANY OTHER WORKER. COMPENSATION,

DECENT WAGES, A DAY OFF TO REST, AND WE'RE BEING TOLD, BUT THE INDUSTRY

IS GOING TO BE HURT. THAT SAME REOCCURRING DYNAMIC, THAT SAME

DYNAMIC OF POWERFUL AGAINST POOR. AGAINST PEOPLE OF COLOR. INDUSTRY

AGAINST WORKERS. THIS IS D�J� VU OVER AND OVER AGAIN.

I URGE MY COLLEAGUES TO VOTE YES ON THIS. I URGE THE

SENATE TO STAND UP AND DO WHAT'S RIGHT AND RATIFY THIS IN THE SENATE. IT

IS IMPORTANT THAT WE PASS THIS HISTORIC BILL AND DO WHAT'S RIGHT FOR

EVERYBODY. HOW CAN WE EVER IN OUR MINDS HAVE IT AS A GIVEN THAT IF IT'S

PROFITABLE, IT'S ALL RIGHT TO MARGINALIZE ANY GROUP? ANY INDUSTRY THAT

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RELIES ON MARGINALIZING AND EXPLOITING AS THEIR PROFIT MAR -- PROFIT

MARGIN SHOULD RETHINK A BUSINESS MODEL. HOW CAN WE LOOK AT THIS

WITH ANY SENSE OF HUMANITY AND SAY, NO, OF COURSE WE WANT CHEAPER

FOOD. SO LET'S MARGINALIZE PEOPLE. EVEN AT MINIMUM WAGE AND WITH

THE BARE MINIMUM THAT THEY'RE ENTITLED TO, IT'S ALMOST IMPOSSIBLE TO LIVE

IN NEW YORK STATE. BUT WE WANT TO TAKE MORE FROM THEM. SO I URGE

ALL MY COLLEAGUES TO DO THE RIGHT THING AND YES -- AND VOTE YES ON THIS

HISTORIC BILL.

ACTING SPEAKER AUBRY: THANK YOU.

MS. LIFTON.

MS. LIFTON: YES, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

LIFTON.

MS. LIFTON: I WANT TO THANK THE SPONSOR FOR ALL OF

HER HARD WORK OVER SO MANY YEARS ON THIS IMPORTANT LEGISLATION. I WAS

RAISED IN UPSTATE NEW YORK, I WAS RAISED IN GENESEO IN LIVINGTON

COUNTY. A VERY RURAL COUNTY WITH LOTS OF FARMS. I'VE BEEN ON MANY OF

THOSE FARMS AS A CHILD AND HAD FRIENDS WHO WERE ON FARMS. I TAUGHT

LATER KIDS WHO WORKED ON FARMS WITH THEIR FAMILIES. NOW I'M IN

TOMPKINS COUNTY, ANOTHER RURAL COUNTY WITH LOTS OF FARMS. I HAVE

VISITED MANY OF THOSE FARMS. I'VE LISTENED TO OUR FARMERS, I'VE LISTENED

TO OUR FARM WORKERS. OUR FARMERS WORK VERY HARD. THEY'RE GOOD AND

DECENT PEOPLE. THE PEOPLE WHO WORK ON OUR FARMS ALSO WORK VERY

HARD. THEY ARE GOOD AND DECENT PEOPLE. THEY MOSTLY WORK VERY, VERY

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WELL TOGETHER. BUT THIS BILL IS ABOUT GETTING UNIFORM STATE LAW, ABOUT

CREATING FAIRNESS ACROSS THE BOARD. IT'S ABOUT COMPROMISE. I'M GRATEFUL

AS I RELAYED THE CONCERNS FROM MY FARMERS TO THE ASSEMBLY LEADERSHIP,

TO THE SPONSOR OF THIS BILL, I'M VERY GRATEFUL THAT THEY HAVE LISTENED

CAREFULLY. THEY HAVE GONE TO GREAT LENGTHS TO MAKE GOOD

COMPROMISES, ESPECIALLY ON THE ISSUE OF FARM -- OVERTIME THAT, AS MANY

PEOPLE HAVE SAID, IS SO IMPORTANT TO FARMERS. AND FARM WORKERS

UNDERSTAND THAT ISSUE VERY, VERY WELL. THEY CERTAINLY DO WANT TO KEEP

THEIR JOBS ON OUR NEW YORK STATE FARMS. AND WE NOW HAVE A GOOD

AND FAIR BILL THAT I'M ONLY TOO HAPPY TO VOTE FOR, MR. SPEAKER.

THANK YOU. I URGE ALL OF MY COLLEAGUES TO SUPPORT THIS

BILL.

ACTING SPEAKER AUBRY: THANK YOU.

FOR A SECOND, MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. I JUST WANT

TO TOUCH ON A FEW THINGS THAT'S BEEN SAID SINCE I LAST ADDRESSED MY

COLLEAGUES. FIRST OF ALL, I THINK IT'S PRETTY SAD THAT IT SEEMS LIKE WE ARE

PITTING THE HARD-WORKING, DEDICATED FARM WORKERS AGAINST THE FARM

OWNERS AND FARM OPERATORS. SECONDLY, I WANT TO REMIND MY COLLEAGUES

THAT IT WAS A FORMER ADMINISTRATION THAT STOPPED THE DAIRY MILK PROGRAM

IN OUR SCHOOL SYSTEM, WHICH DEVASTATED, DEVASTATED THE MILK MARKET.

AND WHEN WE USE THE PHRASE "PROFITS OVER PEOPLE," PLEASE KNOW WHAT

YOU'RE TALKING ABOUT BECAUSE LET ME TELL YOU SOMETHING. THERE IS NOT

ONE RICH FARMER IN NEW YORK STATE. THEY AREN'T RICH. OKAY? BECAUSE

THEY WORKED THEIR TAIL OFF AND THEY HAVE TO REINVEST INTO THEIR FARMS,

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BECAUSE MOST OF THEM WORK. LIKE I SAID, THERE ARE NO PROFITS IN

FARMING. THAT'S WHY WE'RE IN THIS PLACE. THAT'S WHY WE'RE DEBATING

THIS BILL. BECAUSE THE FARMER CAN'T AFFORD THE INCREASE IN LABOR TO KEEP

THEIR OPERATION GOING, WHICH GOES BACK TO THE PRICING AND THE MARKET

PRICE OF THEIR PRODUCT. I WHOLEHEARTEDLY COMMEND THE SPONSOR ON THIS

BILL AND WOULD BE HAPPY, AGAIN, TO WORK WITH HER. BUT LET'S GO AFTER THE

REAL PROBLEM. IT'S THE PRICING. AND I ALSO REACH OUT TO MY COLLEAGUE,

MR. CRESPO. I'D BE HAPPY TO WORK WITH YOU, SIR. I WOULD NEVER SIT HERE

AND DEBATE A BILL THAT'S IMPORTANT TO YOU IN THE BRONX, BUT I COULD TELL

YOU THAT I WOULD BE THERE FOR YOU IF IT'S GOING TO HELP YOUR PEOPLE.

NOW I NEED YOUR HELP BECAUSE THIS AFFECTS MY PEOPLE.

SO I'M GOING TO TELL ALL OF YOU, I ASK YOU TO RECONSIDER.

IF YOU WERE A YES ON THIS BILL, RECONSIDER. RECONSIDER TO GO BACK AND

LET'S MAKE THIS BILL BETTER, BUT LET'S ALSO PUT PRESSURE ON OUR SENATE AND

CONGRESSIONAL COLLEAGUES IN THE FEDERAL GOVERNMENT TO DO WHAT'S RIGHT

FOR THE AMERICAN FARMER. IT WILL HELP THOSE PEOPLE UP THERE. BUT THE

REAL PROBLEM IS AND THE REASON WHY WE'RE DEBATING THIS BILL IS OUR

FARMERS CAN'T AFFORD TO PAY ANY MORE IN LABOR THAN WHAT THEY'RE ALREADY

PAYING. THEY'LL BE OUT OF BUSINESS. AND I SAID THIS BEFORE. DON'T KID

YOURSELF. WE IN THIS COUNTRY TAKE WAY TOO MUCH FOR GRANTED. THERE

MAY COME A DAY, NO FARMS, NO FOOD.

SO I SAY TO EACH ONE OF MY COLLEAGUES, PLEASE THINK

LONG AND HARD. WE CAN DO BETTER WITH THIS BILL. AND I SAY GOD BLESS

EACH AND EVERY ONE OF YOU AND GOD BLESS THE AMERICAN FARMER AND

THOSE WORKERS UP THERE. THANK YOU, MR. SPEAKER.

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(APPLAUSE)

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

ON THE BILL AGAIN, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: I APOLOGIZE, I LOST MY TRAIN OF

THOUGHT A LITTLE BIT FROM WHEN I WAS SPEAKING EARLIER, BUT I'LL TRY TO

BRING IT BACK TO WHERE IT NEEDS TO GO. AS WE -- AS WE'VE TALKED ABOUT

THIS BILL FOR GOING ON FOUR HOURS NOW, AND AS I WAS EXPLAINING BEFORE,

HAVING -- HAVING BEEN A FARMER, AM A FARMER, HAVING WORKED WITH

MANY OF THESE INDIVIDUALS ON MY FARM, AND KNOWING WHO THEY ARE,

WHAT THEY STAND FOR, AND HOW TRULY THEY ARE THERE NOT ONLY TO MAKE

MONEY, BUT TO BE PART OF MY FARM, PART OF MY FARMING OPERATION.

THESE ARE NOT JUST EMPLOYEES. THESE ARE INDIVIDUALS THAT ARE HELPING

ME ON MY FARM BUSINESS, AND BELIEVE -- BELIEVE ME, NOTHING'S TAKEN FOR

GRANTED FOR THESE EMPLOYEES. AND I -- I DO COMMEND THE SPONSOR OF

THE BILL ON -- ON SOME OF THE THINGS THAT WERE BROUGHT UP, AS I SAID

EARLIER. AND I -- I DON'T KNOW OF ANY FARMER THAT DOES NOT WANT TO GIVE

MORE MONEY TO THEIR EMPLOYEES. BUT BECAUSE OF THE ECONOMIC

STRUCTURE OF NEW YORK STATE, IT IS ABSOLUTELY VIRTUALLY IMPOSSIBLE RIGHT

NOW. I KNOW THIS BILL'S BEEN AROUND FOR MANY, MANY YEARS. BUT

SPEAKING AS A FARMER AND FOR THE FARMERS AND FOR THE EMPLOYEES, THE

INDIVIDUALS UP THERE, WE NEED TO BE VERY CAREFUL ON WHERE WE'RE GOING

TO GO WITH US. AND I'VE BEEN THINKING ABOUT HOW TO DRIVE THIS HOME A

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LITTLE HARDER -- OR A LITTLE EASIER FOR EVERYBODY. AND I'VE BEEN THINKING

ABOUT THIS FOR QUITE SOME TIME, AND THE DAY OFF. MY FARMING OPERATION,

WE DO NOT WORK SUNDAYS. WE GAVE THE EMPLOYEES THE DAY OFF. DID

THEY LIKE IT? ABSOLUTELY NOT. SOME OF THEM DID, BUT MOST OF THEM

DIDN'T LIKE IT. MOST OF THEM WANTED TO WORK. AND THEY WERE THERE TO

WORK, BELIEVE IT OR NOT, AND THEY ENJOY THE WORK. BUT THEY ENJOY BEING

THERE, BEING PART OF THE OPERATION. AND -- AND I WAS KIND OF THINKING

BACK TO THIS, THIS DAY OFF, THIS DAY OFF, THIS DAY OFF. WE'VE GOT TO MAKE

SURE WE MANDATE A DAY OFF, OR AT LEAST A CHOICE THEY HAVE THE DAY OFF.

AND I KEEP GOING BACK TO OUR BUDGET PROCESS HERE FOR THE FIRST TIME

THIS YEAR. WE HAD TO HAVE THE BUDGET IN PLACE ON APRIL 1ST. AND I

WATCHED OUR STAFF MEMBERS, WHETHER THEY'RE MY -- MY OFFICE STAFF, THE

STAFF OF OUR CONFERENCE, THE STAFF OF THE ASSEMBLY, THE STAFF THAT'S HERE

TONIGHT -- OR TODAY, I GUESS -- TODAY RIGHT NOW, THE STAFF THAT'S HERE

TODAY. LOOK HOW HARD THESE INDIVIDUALS, THESE MEN AND WOMEN, WORK

FOR US IN THIS ASSEMBLY. WHAT THEY'VE DID NOT BECAUSE THEY HAVE TO,

BUT BECAUSE THEY ENJOY WHAT THEY DO. THEY ENJOY BEING PART OF THE

PROCESS. THEY ENJOY BRINGING THAT STUFF BACK TO US, MAKING SURE WE GET

OUR STUFF DONE FOR ALL OF NEW YORK STATE. COULD YOU IMAGINE IF THESE

INDIVIDUALS WORKERS SAID, OKAY. I'VE WORKED 11 DAYS STRAIGHT. IT'S TWO

DAYS BEFORE THE BUDGET. WE'RE TAKING THE DAY OFF. SHOULD THEY HAVE

THAT CHOICE? ABSOLUTELY. WHY SHOULD THEY NOT HAVE THAT SAME CHOICE,

THE SAME CHOICE THAT WE'RE ASKING FOR THE INDIVIDUALS ON OUR FARMS? SO

WHY I'M GOING THERE, THE DIRECTION I'M GOING IS IT'S NOT JUST ABOUT THE

FARM WORKERS. THIS IS ABOUT EVERYBODY THAT WORKS FOR US HERE. WE'RE

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ASKING OUR MEMBERS OF OUR CONFERENCE, OUR MEMBERS OF THIS

LEGISLATIVE ENTITY, OUR OFFICE MEMBERS TO PUT IN A LOT OF HOURS FOR US.

MANY, MANY, MANY HOURS. WELL ABOVE SOME OF THE -- THE HOURS THAT

ARE WORKED ON THE FARM. AND IF SOMEBODY SAYS THAT FARM WORK IS HARD,

IT ABSOLUTELY IS. BUT I CAN TELL YOU WHAT. I'VE BEEN THAT FARMER. AND

MY WORKERS ARE WORKING 60 OR 70 HOURS. I'M WORKING 80 OR 90

BECAUSE I WANT TO MAKE SURE THEY'RE READY TO GO. I WANT TO MAKE SURE

THE JOB IS THERE FOR THEM, MAKING SURE THEY HAVE THE ABILITY TO CROP THE

HARVEST. WELL, THE SAME THING HERE. THAT'S WHAT OUR -- THAT'S WHAT'S

GOING ON WITH OUR WORKERS HERE ON THIS FLOOR. WE NEED TO HELP

EVERYBODY. WE TRULY DO. AND I WANT TO GIVE EVERYTHING TO THESE -- TO

THESE EMPLOYEES, ABSOLUTELY. BUT THE ECONOMICS JUST DOES NOT ALLOW

THAT RIGHT NOW. SO DEPENDING ON WHERE THIS BILL GOES, PLEASE. WE'VE --

WE'VE LEARNED A LOT FROM MANY OF THE SPEAKERS AND -- AND FROM THE

SPONSOR AND WHAT WAS BROUGHT FORWARD IN THE ROUNDTABLE DISCUSSIONS.

I'M HERE TO WORK WITH OUR COLLEAGUES. I'M HERE TO PUSH THIS FORWARD IN

-- IN A WAY THAT WILL BENEFIT EVERYONE. BUT I KNOW RIGHT NOW IF WE

PUSH THIS FORWARD WITH WHAT'S IN THIS -- WHAT'S IN THIS BILL TEXT, THERE'S A

GOOD CHANCE THERE'S NOT GOING TO BE A LOT OF THESE INDIVIDUALS WORKING

HERE BECAUSE THEY'RE GOING TO GO TO ANOTHER STATE WHERE IT'S EASIER TO

WORK. AND NOT BECAUSE THEY WANT TO, BUT BECAUSE SOME OF US, AS

FARMERS, ARE GOING TO GO OUT OF BUSINESS. LISTEN, WE CAN SAY

EVERYTHING WE WANT FROM EVERY OTHER ORGANIZATION, BUT I'VE LIVED THIS

EACH AND EVERY SINGLE DAY, MAKING SURE THAT MY EMPLOYEES HAVE A JOB

TO COME TO, MAKING SURE THEY MAKE A WAGE. EVEN AT ONE POINT WHEN

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WE ONLY HAD 50 PERCENT OF A CROP, I KEPT MY EMPLOYEES ON AND I TOOK A

PART-TIME JOB AND TOOK THAT MONEY AND GAVE IT TO MY EMPLOYEES

THROUGH THE PROCESS BECAUSE THEY ARE SO IMPORTANT TO US.

SO, BACK TO THE BILL. I JUST URGE THAT WE TAKE OUR TIME

AND WE REALLY THINK ABOUT WHAT WE'RE GOING TO DO HERE. IF WE'RE GOING

TO HURT THIS NUMBER ONE INDUSTRY IN NEW YORK STATE, WE BETTER HAVE A

GOOD -- A GOOD REASON WHY. AND THE TIMES I'VE BEEN IN EUROPE, WE

HAVE CHEAP FOOD IN THE UNITED STATES. WE HAVE CHEAP FOOD HERE IN

NEW YORK STATE. YOU CAN'T HAVE CHEAP FOOD AND CHEAP LABOR. SO

WE'VE GOT TO WORK TOGETHER, ESPECIALLY HERE IN NEW YORK STATE,

ESPECIALLY FOR OUR FARMERS, ESPECIALLY FOR THESE EMPLOYEES, MAKING THIS

HAPPEN. IF WE CAN CHANGE THIS BILL A LITTLE BIT, I WOULD SUPPORT IT.

RIGHT NOW I CANNOT SUPPORT IT, I'M GOING TO ASK MY COLLEAGUES NOT TO

SUPPORT THIS BILL AT THIS TIME. BUT TRULY, IT'S NOT ABOUT THE EMPLOYEES.

IT'S ABOUT MAKING THIS WORK AND THE ECONOMICS OF NEW YORK STATE.

SO PLEASE, I URGE YOU TO VOTE NO. NOT BECAUSE WE

DON'T WANT TO HELP PEOPLE, BUT BECAUSE WE NEED TO MAKE THIS WORK FOR

EVERYONE. THANK YOU. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A -- JUST A QUICK SECOND?

ACTING SPEAKER AUBRY: MS. NOLAN, WILL YOU

YIELD?

MS. NOLAN: YES, MR. SPEAKER.

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ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MS. NOLAN. JUST

REALLY, I DON'T KNOW IF IT'S SO MUCH A QUESTION, JUST SOMETHING TO

CLARIFY. I THINK I KNOW THE ANSWER, I JUST WASN'T SURE. I DIDN'T GET A

CHANCE TO ASK WHEN WE WERE TALKING BEFORE. AS YOU'RE AWARE, A LOT OF

FARMERS PAY FOR HOUSING AND TRANSPORTATION COSTS FOR IMMIGRANT

WORKERS WHO COME IN. NOW WITH THIS COLLECTIVE BARGAINING, IS THAT

SOMETHING THAT CAN -- IS -- IS IT GOING TO BE ABLE TO BE TAKEN INTO

ACCOUNT WHEN THEY'RE TALKING ABOUT WAGES AND BENEFITS, OR IS THAT

SOMETHING TOTALLY SEPARATE? I JUST WASN'T SURE OF THE ANSWER TO THAT.

MS. NOLAN: IT'S SEPARATE. AND I -- I WANT TO POINT

OUT -- AND I APPRECIATE SO MUCH THE GENTLEMAN'S QUESTION THAT THE

SECTION REGARDING HOUSING WILL NOT GO INTO EFFECT UNTIL JANUARY OF 2021,

WHICH WILL GIVE OUR FARM EMPLOYER COMMUNITY TIME WITH OUR STATE

BUDGET, HOPEFULLY TO DO MORE SUPPORT FOR THEM. AND I ALSO WANT TO

REMIND THE BODY THAT, REMEMBER, THEY ALSO CHARGE WHEN HOUSING AND

-- AND OTHER THINGS ARE PROVIDED BECAUSE OF THE DISTANCES AND THINGS

LIKE THAT. THEY -- THEY DO CHARGE THE EMPLOYEES A -- A RATE FOR THE

HOUSING AND WHAT HAVE YOU. SO IT'S A -- LIKE MANY THINGS HERE, IT'S SORT

OF TWO-WAY STREET IN THIS VERY UNIQUE INDUSTRY, AND WE'RE TRYING TO

THREAD THE NEEDLE TO KEEP THE INDUSTRY GOOD, BUT ALSO HELP THE WORKERS.

MR. PALMESANO: THANK YOU, MS. NOLAN. I KNOW

IT'S BEEN A LONG DAY. I APPRECIATE YOUR TIME.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE -- EXCUSE ME

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NYS ASSEMBLY JUNE 19, 2019

-- ON THE BILL, SIR.

MR. PALMESANO: MR. SPEAKER, AND MY

COLLEAGUES, LISTEN, I KNOW SOME OF YOU HAVE TAKEN THE TIME TO SIT DOWN

AND MEET WITH OUR FARMERS IN AN AGRICULTURAL COMMUNITY, AND I KNOW

WHEN YOU DID THAT IT WAS SINCERE AND GENUINE. I APPRECIATE THAT. I

KNOW OUR FARMERS APPRECIATE THAT. AND I KNOW SOME OF YOU -- SOME

FRIENDS HAVE COME UP TO VISIT, HAVE BEEN ON FARMS IN MY DISTRICT, HAVE

BEEN TO A DAIRY FARM, HAVE BEEN TO A VINEYARD, HAVE BEEN TO A POTATO

FARM, TOOK THE TIME TO LISTEN AND TALK TO OUR FARMERS. IN MY REGION, I

KNOW HOW MUCH OUR FARMERS APPRECIATED THAT. I JUST WANTED YOU GUYS

TO KNOW HOW MUCH I APPRECIATE THAT. IT WAS VERY SINCERE AND IT -- AND

IT WAS A GREAT THING. AND I KNOW SOME OF YOU HAVE CONDUCTED SOME

ROUNDTABLES. BUT MR. SPEAKER, AND MY COLLEAGUES, AS A LEGISLATIVE

BODY, BY NOT -- BY NOT HOLDING PUBLIC HEARINGS AROUND THE STATE IN

EVERY AGRICULTURAL REGION OF THIS STATE, NOT EVEN JUST ONE PUBLIC

HEARING. AND -- AND -- AND, YOU KNOW, PEOPLE SAY IT WASN'T NECESSARY.

I THINK YOU SENT A VERY CLEAR AND, QUITE FRANKLY, DAMAGING MESSAGE TO

OUR FARMERS AND OUR AGRICULTURE INDUSTRY THAT THEIR INPUT WASN'T NEEDED

OR VALUED. IT DID NOT NEED TO BE HEARD. AND UNFORTUNATELY, MR.

SPEAKER, AND MY COLLEAGUES, THIS BILL WE HAVE BEFORE US IS, QUITE

FRANKLY, GOING TO DESTROY THE FAMILY FARM IN NEW YORK STATE. MAKE NO

MISTAKE ABOUT IT. THAT'S EXACTLY WHAT THIS BILL IS GOING TO END UP DOING.

IT'S GOING TO DESTROY THE FAMILY FARM IN NEW YORK STATE. I KNOW SOME

HAVE SAID THERE WAS A NEGOTIATION, THERE WAS A COMPROMISE WITH THE

FARM BUREAU ON ALL THIS. I HAVE A DIFFERENT TAKE ON THAT. YES, I KNOW

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THERE ARE SOME PROVISIONS IN THE BILL MAKING IT 60 HOURS, BUT THAT WAGE

BOARD CAN CHANGE THAT WITHIN A YEAR. THERE'S OTHER THINGS THAT CAN

CHANGE AT ANY TIME. AND I DON'T -- I DIDN'T VIEW THIS AS A NEGOTIATION OR

A COMPROMISE. I VIEWED IT A LITTLE DIFFERENTLY. IT WAS A CHOICE.

BASICALLY, IT WAS EITHER A GUN TO THE HEAD OR CUT OFF THE ARM. A GUN TO

THE HEAD, THAT'S A QUICK DEATH. BUT IF YOU CUT OFF THE ARM, YOU'RE STILL

GOING TO BLEED OUT AND YOU'RE STILL GOING TO DIE. THAT'S WHAT'S GOING TO

HAPPEN TO THE FAMILY FARM IN NEW YORK STATE. THAT'S WHAT I'M

CONCERNED ABOUT. THAT'S WHAT A NUMBER OF MY COLLEAGUES ARE

CONCERNED ABOUT. AND YOU SAY, WELL, HOW CAN I MAKE THAT CLAIM?

WELL, LET ME GO THROUGH SOME OF THE STATISTICS AGAIN. I DIDN'T MAKE

THESE NUMBERS UP, THESE ARE FACTUAL NUMBERS. FIRST, 98 PERCENT OF THE

FARMS IN NEW YORK STATE ARE FAMILY-OWNED FARMS. YES, I KNOW SOME

SAY IT'S A BILLION-DOLLAR INDUSTRY. YES. BUT THAT DOESN'T MEAN OUR

FARMERS ARE DOING WELL. THEY'RE NOT. AND I WANT TO GIVE YOU SOME

NUMBERS TO BACK IT UP. THERE WAS A CREDIT -- A STUDY DONE BY FARM

CREDIT EAST IN 2016, PRIOR TO THE MINIMUM WAGE PASSAGE. THAT STUDY

SHOWED THAT FARM LABOR COSTS AS A PERCENTAGE OF NET FARM INCOME IN

NEW YORK STATE -- OR IN THE COUNTRY WAS 36 PERCENT, 36 PERCENT IN THE

COUNTRY. BUT FARM LABOR COSTS AS A PERCENTAGE OF NET FARM INCOME IN

NEW YORK STATE WAS 63 PERCENT. SO WHAT DOES THAT TELL YOU? THAT

ALREADY TELLS ME THAT THE FARMERS IN NEW YORK STATE ALREADY ARE AT A

SEVERE COMPETITIVE DISADVANTAGE TO OUR FARMERS IN OTHER COMPETITOR --

IN OTHER STATES. WE'VE LOST 20 PERCENT OF OUR DAIRY FARMS IN NEW YORK

STATE OVER THE PAST FIVE YEARS. TWENTY PERCENT OF OUR DAIRY FARMS ARE

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GONE. THE ORIGINAL BILL - I KNOW IT'S NOT THE ORIGINAL BILL - THE STUDY

SHOWED THAT WOULD INCREASE FARM LABOR COSTS BY $300 MILLION OR 20

PERCENT, AND DECREASE NET FARM INCOME BY 25 PERCENT. SO MAYBE IT'S

NOT THAT MUCH, BUT THEY'RE STILL -- WE CAN'T DENY THERE'S GOING TO BE A

SIGNIFICANT INCREASE IN FARM LABOR COSTS AND A SIGNIFICANT DECREASE IN

NET FARM INCOME. AND THIS IS ON TOP OF, LADIES AND GENTLEMEN, MY

COLLEAGUES, NET FARM INCOME IN NEW YORK STATE OVER THE PAST SEVERAL

YEARS HAS ALREADY DECLINED BY 50 PERCENT. AND LET ME REMIND YOU, THIS

HAS COME UP OVER AND OVER. OUR FARMERS HAVE LITTLE OR NO CONTROL OVER

THE PRICES THEY RECEIVE FOR THE PRODUCTS THEY PRODUCE. UNLIKE OTHER

BUSINESSES LIKE MANUFACTURERS WHO MAKE A PRODUCT, THEY CAN INCREASE

THE PRICE WHEN THE COSTS RISE UP. OUR FARMERS CANNOT DO THAT. IT'S

IMPOSSIBLE. I KNOW SOME HAVE SAID, WELL, I'LL PAY MORE FOR A GALLON OF

MILK. THAT DOESN'T HAPPEN. IT DOESN'T WORK THAT WAY. OUR FARMERS ARE

STRUGGLING. MY COLLEAGUES, MY FRIENDS, I KNOW MANY OF YOU WANT FOR

YOUR FAMILIES AND YOUR CONSTITUENTS YOUR MILK, YOUR VEGETABLES, YOUR

FRUIT AT A GOOD PRICE AS SOON AS YOU GET IT, WHEN YOU WANT IT. BUT LET

ME TELL YOU, THAT JUST DOES NOT HAPPEN. THERE'S A TREMENDOUS

INVESTMENT IN COSTS TO A FARM. I KNOW WHEN YOU -- AGAIN, I'LL RE --

REPEAT THAT WHEN YOU HEAR BILLIONS OF DOLLARS, YOU'D THINK, WELL, THE

FARMER'S RICH, HE'S MAKING A BIG PROFIT. NO, HE'S NOT. THE -- OR HE OR

SHE IS NOT. THE FARMER IS NOT MAKING A BIG PROFIT. AGAIN, I ALREADY

TALKED TO YOU ABOUT HOW NET FARM INCOME IS DECLINED 50 PERCENT OVER

THE PAST SEVERAL YEARS, AND WILL DECLINE UNDER THIS BILL. OUR FARMERS ARE

CASH POOR. YES, THEY HAVE LAND. YOU'RE GOING TO SAY WELL, THEY HAVE

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ALL THIS LAND, THEY'RE WEALTHY. YEAH, THEY MIGHT HAVE LAND, BUT LADIES

AND GENTLEMEN, THEY'RE NOT LAND RICH. THEY HAVE MORTGAGES AND DOUBLE

MORTGAGES AND SECOND MORTGAGES AND TRIPLE MORTGAGES. THEY ARE --

THEY ARE FINANCED TO THE TOP THAT THEY CAN DO. PUT ON TOP OF IT THE

HIGHEST PROPERTY TAXES THEY PAY. SOME HUNDREDS OF THOUSANDS OF

DOLLARS IN PROPERTY TAXES. EQUIPMENT. A -- A TRACTOR OR EQUIPMENT TO

RUN A FARM COSTS $250- TO $500,000 OR MORE. THIS IS JUST NOT

SOMETHING THEY CAN WRITE A CHECK FOR. THEY HAVE TO FINANCE IT. THEY

CAN'T FINANCE ANYMORE. THEY ARE SUFFERING. EVEN FEED COSTS ARE COSTS

-- SOME -- ARE THEIR BIGGEST COST. I REMEMBER WHEN WE VISITED A FARM

WITH MY COLLEAGUES WHO CAME UP, WE WERE TALKING TO THE DAIRY FARMER

AND WE TALKED ABOUT HER PROPERTY TAXES, WE TALKED ABOUT THE

EQUIPMENT. AND I KNOW YOU REMEMBER, THEY SAID THEIR BIGGEST COSTS

WERE THEIR FEED COSTS. THIS IS A CHALLENGE. AGAIN, MY COLLEAGUES, THEY

CANNOT INCREASE THE PRICE THAT THEY RECEIVE FOR THE PRODUCT THEY RECEIVE.

THEY CAN'T DO IT. WE CAN'T JUST PAY MORE FOR A GALLON OF MILK. IT

DOESN'T HAPPEN THAT WAY. IT'S NOT LIKE ANY OTHER BUSINESS. DO YOU

KNOW HOW HEAVILY REGULATED THE AGRICULTURAL INDUSTRY AND FAMILY -- AND

FARMS ARE? FEDERAL, STATE AND LOCAL, WHAT THEY'RE FACING? THEY'RE JUST

TRYING TO STAY AFLOAT, MY COLLEAGUES. THEY'RE JUST TRYING TO PRESERVE

THEIR HERITAGE. THEY'RE GENERATIONAL FARMS, THEY'RE FAMILY FARMS. BUT

YOU KNOW WHAT? MAYBE -- MAYBE, JUST MAYBE, YOU WOULD'VE HEARD

THAT MESSAGE IF YOU HAD PUBLIC HEARINGS AROUND THE STATE LIKE THE

FARMERS ASKED, LIKE OUR CONFERENCE ASKED OF YOU. WHY NOT HAVE

HEARINGS AROUND THE STATE? THIS BILL IS TOO BIG, TOO IMPORTANT.

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SOMETHING LIKE THAT DESERVED TO BE VIEWED. AT LEAST THE SENATE HAD

THREE HEARINGS. WHY COULDN'T THE ASSEMBLY HOLD ONE HEARING OR

SEVERAL HEARINGS? IT SENDS THE WRONG MESSAGE. IT SENDS A VERY WRONG

MESSAGE. YOU CHOSE NOT TO DO IT. YOU DIDN'T THINK WE NEEDED TO DO IT.

THAT'S UNFORTUNATE, THAT'S VERY SAD. YOU MUST THOUGHT YOU KNEW WHAT'S

BEST INSTEAD OF LISTENING TO THE FARMER. AND LET ME ADD, SOME OF OUR

BIGGEST ADVOCATES FOR OUR IMMIGRANT FARM LABORER IS OUR FARMER. THEY

TRY TO HELP. I KNOW WHEN -- YEARS AGO I USED TO WORK FOR A

CONGRESSMAN AND TRIED TO GET IMMIGRANT FARMERS TO COME -- LABOR TO

COME OVER AND HAVING PROBLEMS TRYING TO HELP. THE FARMERS WERE THE

ONES THAT WERE ADVOCATING, TRYING TO PROVIDE HELP. PROVIDING HOUSING,

PROVIDING TRANSPORTATION. THESE ARE THE THINGS THEY WANT TO DO. THEY

WANT TO HELP THE -- THE FARMER -- THE FAM -- THE -- THE -- THE FARM

WORKER.

SO, MY COLLEAGUES, SINCE I CONCLUDE MY COMMENTS ON

THIS DEBATE, AS MORE -- AS A RESULT OF THIS BILL, AS MORE AND MORE OF OUR

FAMILY FARMS CONTINUE TO CLOSE AND ARE NOT GOING TO BE ABLE TO PASS ON

THEIR FAMILY FARM TO THE NEXT GENERATION OR FAMILY MEMBER, LET ME

REMIND YOU, AND I HOPE YOU REMEMBER ONE SIMPLE FACT. IF THERE ARE NO

FARMS, THERE IS NO FOOD. IF THERE ARE NO FARMS, THERE ARE NO FARM

WORKERS.

MR. SPEAKER, I'M GOING TO BE VOTING IN THE NEGATIVE.

THIS IS A DISAPPOINTING DAY, AND I URGE MY COLLEAGUES TO DO THE SAME.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

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MR. BLANKENBUSH.

MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. NOLAN, WILL YOU

YIELD?

MS. NOLAN: WITH PLEASURE, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. NOLAN YIELDS, SIR.

MR. BLANKENBUSH: I JUST HAD ONE QUESTION

BEFORE I GOT BEEPED OUT, AND SO I'LL BRING THAT BACK TO YOU. AND I

HAVEN'T HEARD ANYONE BRING THIS UP, SO I JUST WANTED CLARIFICATION ON

SOMETHING FOR ME. AS THE -- THE UNION ELECTION PROCESS -- OR THE

SINGLE-EMPLOYEE ORGANIZATION, HOW -- HOW IS THAT GOING TO WORK?

MS. NOLAN: THE COLLECTIVE BARGAINING RIGHTS DEEM

INDIVIDUALS EMPLOYED AS FARM LABORERS TO BE EMPLOYEES AND GRANT THEM

THE RIGHT TO ORGAN [SIC] AND BARGAIN COLLECTIVELY. IT DOES NOT INCLUDE A

RIGHT TO STRIKE OR CONDUCT A STOPPAGE OR SLOW DOWN, WHICH AS YOU KNOW

WAS OF GREAT CONCERN TO ME. BUT IT DOES ALSO PROHIBIT THE EMPLOYER

FROM CONDUCTING A LOCKOUT. IF EMPLOYEES ARE FACED WITH SELECTING OR

REJECTING ONE UNION ORGANIZATION, SUCH CHOICE SHALL BE ASCERTAINED ON

THE BASIS OF DUES, DEDUCTIONS, AUTHORIZATIONS, RATHER THAN BY ELECTION.

AN IMPASSE WOULD BE ESTABLISHED TO RESOLVE DISPUTES, AND THE TERMS OF

ANY EXPIRED AGREEMENT WOULD CONTINUE UNTIL A NEW AGREEMENT IS

REACHED. I DON'T KNOW IF THAT TOTALLY ANSWERS YOUR QUESTION, BUT --

MR. BLANKENBUSH: SO --

MS. NOLAN: -- THE COLLECTIVE BARGAINING WOULD BE

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DONE BY -- INDIVIDUAL UNIONS MAY, INDEED, COMPETE AGAINST EACH OTHER

TO TRY TO SIGN PEOPLE UP.

MR. BLANKENBUSH: SO I'M -- I'M TALKING ABOUT

THE INDIVIDUAL WORKER, THE -- THE -- THEY -- THE INDIVIDUAL WORKER WILL

NOT VOTE WHETHER THEY WANT TO PARTICIPATE IN THE UNION OR NOT?

MS. NOLAN: WELL, YOU -- YOU'D VOTE FOR A CONTRACT,

BUT YOU -- BUT THAT WOULDN'T -- THAT'S NOT THE FIRST STEP. THE FIRST STEP IS

THE CARD CHECK THAT SAYS YOU WANT TO BE IN A UNION.

MR. BLANKENBUSH: CARD CHECK FOR DEDUCTION

ON --

MS. NOLAN: THAT YOU WANT TO BE IN A UNION.

RIGHT, A -- A DUES DEDUCTION. YES. I'M SORRY. YOU'RE CORRECT, A DUES

DEDUCTION THROUGH A CARD CHECK.

MR. BLANKENBUSH: SO IF -- IF A WORKER CHECKS

THAT BLOCK, SAY THERE'S 20 -- 20 WORKERS IN A FARM, 11 OF THEM CHECK THE

BLOCK, NINE DON'T. THEY WIN. IT'S A WIN. SO MY -- MY CONCERN ABOUT

THAT IS THAT WITH -- BECAUSE OF NOT BEING A SECRET BALLOT TYPE OF AN

ELECTION, I AM CONCERNED THAT SOME OF THE WORKERS WHO DO NOT WANT TO

PARTICIPATE WOULD HAVE SOME PEER PRESSURE PUT ON THEM SO THAT THEY --

THEY WON'T BE ABLE TO REFLECT THEIR OWN INDIVIDUAL VOTE. SO WHY

WOULDN'T WE DO A SECRET BALLOT TYPE OF THING TO SEE WHETHER THE MAJORITY

WINS OR LOSES? I....

MS. NOLAN: CARD CHECK ACTUALLY HAS AN ELEMENT OF

SECRECY TO IT. YOU -- YOU FILL OUT YOUR CARD AND YOU HAND IT IN. SO

THERE'S LESS, I THINK IN SOME WAYS, OPPORTUNITY FOR PEER PRESSURE

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BECAUSE IT'S ALMOST LIKE A BALLOT. YOU KNOW, YOUR CARD CHECK IS YOUR --

YOUR PRIVATE EXPRESSION OF YOUR FEELINGS. SO THERE WAS A LOT OF FEELING

-- I THINK IF I UNDERSTAND THE NEGOTIATIONS CORRECTLY, THERE WERE PEOPLE

ON THE EMPLOYER SIDE, AS WELL AS THE LABOR SIDE, WHO FELT THAT THIS WOULD

EXPEDITE THINGS. THINGS COULD BE RESOLVED MORE QUICKLY WITH LESS

LABOR UNREST, IF YOU WILL, AND -- AND HAVING A KIND OF A QUICK

RESOLUTION. ESPECIALLY REMEMBER, NO STRIKE PROVISION WOULD GIVE THE

EMPLOYERS A STRONG HAND, IF YOU WILL, TO TRY TO MOVE IT FORWARD AND --

AND ALLOW THEM TO COME TO QUICK AGREEMENTS WITH VARIOUS PARTS OF THE

AFL-CIO.

MR. BLANKENBUSH: OKAY. THANK YOU.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BLANKENBUSH: DURING THIS DEBATE I'VE

HEARD A COUPLE THINGS THAT I JUST WANT TO CLARIFY AND -- AND MENTION.

FIRST -- FIRST OF ALL, I WANT TO THANK THE CHAIRMAN OF THE LABOR

COMMITTEE AND THE CHAIRMAN OF THE AG COMMITTEE FOR THE ROUNDTABLE

THAT I PARTICIPATED IN. IT WAS A CROSS-SECTION OF MANY OF US SITTING

THERE. AND ACTUALLY, I JUST WANT TO COMMEND THE SPONSOR. SHE SAT

THERE FOR THE FOUR HOURS AND NEVER SAID A WORD UNTIL THE VERY END. SO

HER -- SHE WAS, I THINK, MOANING AND GROANING A COUPLE TIMES, BUT --

AND -- AS A -- AS A MATTER OF FACT, WE WERE SUPPOSED TO BE DONE AT 4:00

AND THE CHAIRMAN EXTENDED IT TO AT LEAST 5:00. SO THERE WAS GOOD

DISCUSSIONS GOING ON BETWEEN ALL OF THE MEMBERS OF THAT COMMUNITY.

BUT I WANT TO -- I WANT TO MENTION ONE THING THAT WAS SAID IN THAT

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MEETING ABOUT THE MARKET, THE PRODUCE GOING TO HUNTS POINT OR DOWN

INTO THE CITY. ONE OF THE -- ONE OF THE WOMEN THAT WERE THERE WHO WAS

A GROWER MADE THE COMMENT THAT IT'S GETTING HARDER AND HARDER TO

COMPETE WHEN SHE GOES DOWN INTO THOSE MARKETPLACES BECAUSE SHE'S

COMPETING AGAINST NEW JERSEY AND PENNSYLVANIA. HER COMMENT IS THAT

IF SOMETHING LIKE THIS HAPPENS, THE BILL PASSES, SHE WOULD NOT BE ABLE TO

COMPETE AND SHE WOULD NOT BE ABLE TO BRING THOSE PRODUCE DOWN TO

NEW YORK CITY, WHERE IT WAS MENTIONED JUST A LITTLE WHILE AGO. SO

WE'VE GOT TO -- WE'VE GOT TO LISTEN TO THE FULL STORIES WHEN WE'RE

LISTENING TO -- TO THE FARMERS AND TO THE GROWERS. I JUST WANTED TO

MENTION THAT.

I ALSO HEARD ABOUT THE COST OF MILK. AND I -- I -- I'VE

BEEN TO SEVERAL MEETINGS IN MY DISTRICT AND WE'VE HEARD IT DURING THAT

OPEN MEETING. AND I'M NOT GOING TO -- I'M NOT GOING TO GO ON MUCH TO

SAY ABOUT THAT BECAUSE EVERY ONE OF THE SPEAKERS HAVE MENTIONED THAT

EXCEPT FOR THIS: IN YEARS PAST -- EXCUSE ME -- IN YEARS PAST, YOU COULD

GO BACK -- AND SLUMPS IN THE MARKET FOR MILK USUALLY WOULD LAST A

THREE-YEAR CYCLE AND THEN THEY'D PULL OUT OF IT. WE ARE NOW IN THE FIFTH

YEAR OF THAT LOW -- LOW PRICING ON MILK. NOW, I CAN DO MATH. I KNOW

WHO THE PRESIDENT WAS FIVE YEARS AGO. SO LET'S NOT CONFUSE THE ISSUE BY

BRINGING UP WHEN AND WHERE THE COST OF MILK STARTED TO BE LOW. IT

STARTED FIVE YEARS AGO. AND I'M NOT BLAMING ANYBODY, EXCEPT THAT LET'S

BE CLEAR. THIS JUST DIDN'T HAPPEN TWO YEARS AGO.

THE OTHER THING I WANT TO MENTION IS DURING THIS

DEBATE, I'VE HEARD -- I'VE HEARD ABOUT CALIFORNIA AND FLORIDA. WHY

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WE'RE COMPARING CALIFORNIA AND FLORIDA TO NEW YORK IS BEYOND ME

BECAUSE CALIFORNIA AND FLORIDA HAVE A 12-MONTH GROWING SEASON.

TWELVE MONTHS. HERE, WE'RE LUCKY IF WE HAVE SIX TO SEVEN MONTHS. SO

FOR GROWING OUR PRODUCTS HERE IN THE STATE OF NEW YORK, YOU CAN'T

COMPARE THE DIFFERENCES IN CALIFORNIA AND FLORIDA WHO CAN PRODUCE

THOSE PRODUCTS YEAR-ROUND. SO, IT'S AN UNFAIR COMPARISON.

THE OTHER THING I -- THE OTHER THING I HEARD, AGAIN, AT

THAT ROUNDTABLE, WAS THAT THE FARMERS TALKING ABOUT THE H-2A WORKERS

AND HOW RESTRICTED AND HOW THEY ARE REGULATED AND -- AND INSPECTED

AND SO FORTH ABOUT CERTAINLY THE HOUSING, AND THEY HAVE TO KEEP THE

HOUSING UP. THESE ARE REGULATED -- THIS IS A REGULATED INDUSTRY BY -- BY

THOSE -- THE DEPARTMENT OF HEALTH, I BELIEVE, IS THE ONE THAT DOES THAT.

SO THAT HOUSING IS NOT CHARGED. THEY ARE LIVING ON -- THE H-2A

WORKERS ARE LIVING ON THAT PROPERTY, THE HOUSING IS GIVEN TO THEM BY

THE FARMER. AND REGULATED AND REGULATED AND INSPECTED AND INSPECTED.

SO, THE HOUSING IS -- IS AN ISSUE THAT THE FARMERS HAVE TAKEN CARE OF.

THE OTHER THING I -- THE OTHER THING I -- I WORRY OR AM A LITTLE CONCERNED

ABOUT IS THAT IF A WORKER CAME TO MY OFFICE AND TALKED TO ME ABOUT

CONDITIONS ON A FARM, LIKE WAS SAID BY OUR MEMBER WHO SAID SHE

VISITED A LOT OF FARMS, IF I HAD SOMEONE COME TO MY OFFICE AND TALK TO

ME ABOUT CONDITIONS ON THE XYZ FARM AND HOW BAD THEY WERE, THE FIRST

THING I WOULD DO, NUMBER ONE, I WOULD CALL THE DEPARTMENT OF LABOR --

OR THE DEPARTMENT OF HEALTH I THINK IT IS, EXCUSE ME. AND I WOULD

REPORT THE FARM AND THEY HAVE A -- THEY HAVE PEOPLE IN THE DEPARTMENT

OF LABOR THAT DO SPOT CHECKS ON FARMS. THEY DO IT EVERY YEAR. THEY

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CAN'T HIT EVERY FARM, BUT THEY HIT FARMS AND THEY INSPECT THOSE FARMS

AND THEY WRITE THOSE FARMS UP FOR ANYTHING OR ANY VIOLATIONS THAT THEY

DO. THE LAST FIGURES I HEARD, MOST OF THE VIOLATIONS THAT ARE WRITTEN UP

ARE BECAUSE THE FARMER DIDN'T HAVE THE DEPARTMENT OF LABOR --

DEPARTMENT OF LABOR POSTINGS IN THE RIGHT PLACE FOR THE FARMERS TO LOOK

AT. BUT FOR ME, SOMETHING THAT -- LIVING IN AN AGRICULTURAL AREA, IF A

FARMER CAME TO -- IF A WORKER CAME TO ME AND TALKED ABOUT HOW BAD

THINGS ARE ON THAT FARM, I KNOW I COULD PICK THE PHONE UP AND CALL THE

DEPARTMENT OF LABOR -- I THINK IT'S HEALTH -- DEPARTMENT OF HEALTH,

REPORT THAT, AND THEY WOULD BE INSPECTED THERE. WHY WE HAVEN'T DONE

THAT, WHY WE JUST SIT THERE AND LISTEN TO THEM AND THEN SAY, WELL, I

MIGHT AS WELL PUT A BILL IN. WE ALREADY HAVE PROTECTIONS FOR THE

FARMERS. AND FOR SOMEONE IN THIS HOUSE TO SIT THERE AND LISTEN TO

COMPLAINTS ON A FARMER AND NOT FOLLOW UP TO HELP THAT WORKER I -- IS -- I

JUST CAN'T BELIEVE THAT THAT'S DONE. SO BY SITTING AROUND, PUTTING HIS

NAME IN A FILE, TALKING ABOUT IT IN OPEN SESSIONS AND NOT DOING ANYTHING

ABOUT IT, I DON'T UNDERSTAND IT. I WOULD CALL AND I WOULD HAVE AN

INSPECTION ON THAT FARM, AND IT WOULD'VE BEEN DONE THE RIGHT WAY.

I ENCOURAGE EVERYBODY IN THE HOUSE HERE TO BE VOTING

NO ON THIS BILL. THE ONE THING THAT I WANT TO TALK ABOUT IS THE WORD

"COMPROMISE." THE COMPROMISE THAT HAPPENED IS NOT REALLY A

COMPROMISE IN -- IN ONE SENSE. AND THAT'S LIKE MY COLLEAGUES HAVE

SAID. THE 60-HOUR OVERTIME WORK WEEK IS NOT A GUARANTEE. IT'S NOT SET

IN WRITING EXCEPT FOR RIGHT NOW, AND CAN BE CHANGED IN THE MIDDLE OF

NEXT YEAR BY THE WAGE -- WAGE -- WAGE BOARD. SO THE COMPROMISE WAS

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TO PUT IT UP RIGHT NOW SO EVERYBODY COULD TALK ABOUT 60 HOURS, BUT

THEY'RE NOT TALKING ABOUT HOW THE WORLD -- WE CAN CHANGE THAT IN AN

ABOUT A YEAR-AND-A HALF OR LESS. SO I ENCOURAGE MY MEMBERS IN THIS

HOUSE TO BE VOTING NO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. FRIEND.

MR. FRIEND: MR. SPEAKER, WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. NOLAN, WILL YOU

YIELD?

MS. NOLAN: WITH PLEASURE, MR. SPEAKER, AND MY

COLLEAGUES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. FRIEND: THANK YOU, CATHY. JUST -- I'M JUST

KIND OF CURIOUS. I HAVE AN APPLE ORCHARD IN DISTRICT, AND THEY LIKE TO --

THEY HAVE FAR MORE THAN THEY CAN ACTUALLY PICK ON THEIR OWN AND THEY

HAVE TO DONATE SOME OF THOSE APPLES TO THE FOOD BANK. IF THE FOOD

BANK BRINGS IN PEOPLE TO PICK THOSE APPLES, HOW DOES -- DOES THAT GET

CAUGHT UP IN ANY OF THIS LEGISLATION? UNDER LABOR AGREEMENTS OR

ANYTHING, OR...

MS. NOLAN: IF -- IF THEY'RE NOT PAID, THEY'RE NOT

EMPLOYEES. SO THOSE PICKERS THAT WANT TO DO THAT AS A CHARITABLE THING,

THEY'RE NOT GETTING PAID TO BEGIN WITH. THEY'RE VOLUNTEERING.

MR. FRIEND: OKAY. BUT IF THEY HAVE -- IF THEY WERE

TO HAVE EMPLOYEES PICK THOSE TO DONATE, IS THERE ANY KIND OF EXEMPTION

OR BREAK FOR THEM?

MS. NOLAN: WELL, IT WOULD REALLY DEPEND ON WHO

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THEY'RE EMPLOYEES OF. IS IT A -- IS IT A COMPANY IN UPSTATE. IS IT THE

UNIVERSITY SENDING PEOPLE AND THEY'RE -- I MEAN, A LOT OF THAT WOULD --

I'M SURE WILL WORK OUT AS WE GO THROUGH THE STAGES OF THE BILL.

MR. FRIEND: OKAY. SO JUST AS LONG AS THEY'RE KIND

OF DESIGNATED AS VOLUNTEERS IN SOME RESPECT, THEN IT WOULDN'T FALL UNDER

THIS LAW THEN?

MS. NOLAN: RIGHT. VOLUNTEERS ARE NOT EMPLOYEES.

MR. FRIEND: OKAY. THANK YOU VERY MUCH.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. FRIEND: I'M GOING TO CARRY BACK -- GET BACK TO

THE MEMO OF OPPOSITION THAT I WAS READING FROM THE VARIOUS

ORGANIZATIONS ACROSS THE STATE. SO THEY -- THEY BEGIN THEIR LETTER BY

STATING, FOR THE PAST SIX MONTHS, HUNDREDS OF FARMERS AND FARM

WORKERS SPENT COUNTLESS HOURS MEETING WITH LEGISLATORS, TESTIFYING AT

HEARINGS, HOSTING LEGISLATIVE FARM TOURS, ENGAGING IN ROUNDTABLE

DISCUSSIONS, AND TURNING OUT FOR A RALLY AT THE CAPITOL TO TELL THEIR STORY

AND DEMONSTRATE THAT THERE IS A PATH FORWARD TO ADDRESS CIVIL RIGHTS

ISSUES WHILE NOT UNDULY BURDENING OUR FARM FAMILIES. THEY [SIC] ARE

APPRECIATIVE OF THE LEADERSHIP AND SUPPORT FROM SENATE AND ASSEMBLY

LEGISLATORS WHO WORKED TIRELESSLY TO FIND THIS PATH FORWARD WHILE

KEEPING OUR NEW YORK AGRICULTURE INDUSTRY IN BUSINESS. ON THIS LAST

DAY OF THE STATE LEGISLATIVE SESSION, WE UNFORTUNATELY ANNOUNCE THAT

OUR WORK IS INCOMPLETE AND DOES NOT RECEIVE OUR ENDORSEMENT. THE

SENATE AND ASSEMBLY BILL THAT WILL BE DEBATED TODAY DOES NOT CREATE A

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PATH THAT WILL ASSURE AN ECONOMICALLY-VIABLE NEW YORK AGRICULTURAL

INDUSTRY. UNFORTUNATELY, THIS BILL WILL HURT FARM WORKERS THE MOST

BECAUSE THEIR WORK HOURS WILL BE RESTRICTED AND THEIR INCOME REDUCED.

NEW YORK'S AGRICULTURAL COMMUNITY WILL CONTINUE TO WORK TO FIND THE

BALANCE REQUIRED TO GROW NEW YORK FARMS AND KEEP FARM WORKERS

WORKING. OVER THE PAST SEVERAL DAYS, NEW YORK'S AGRICULTURAL

COMMUNITY HAS BEEN SEEKING TO CORRECT FOUR FUNDAMENTAL FLAWS

CONTAINED IN THE NEW LEGISLATION THAT WAS DRAFTED THIS PAST WEEKEND

AND SUBMITTED ON 6/16. IF THESE FLAWS REMAIN, WE RECOMMEND

LEGISLATORS VOTE NO ON BOTH THE ASSEMBLY AND SENATE BILL. THE

AGRICULTURE COMMUNITY IS CONCERNED ABOUT, NUMBER ONE, REQUIRING

WAGES PAID AT AN OVERTIME RATE ON THE PRESCRIBED DAY OF REST IF THE

EMPLOYEE ACCEPTS ADDITIONAL HOURS BY DECLINING THE OPTION OF A DAY

OFF. AS IT IS CURRENTLY WRITTEN, MANAGING PAYROLL COSTS AND THE WORKERS'

OBJECTIVES TO OPTIMIZE THEIR TIME AND WAGES WILL LEAD TO SEVERAL

REALITIES: NUMBER ONE, REDUCED FARM WORKER EARNINGS AND WAGES

BECAUSE FARMERS CANNOT AFFORD TO PAY OVERTIME. NUMBER TWO,

EXTENDED WORK DAYS, FORCING 60 HOURS INTO SIX DAYS TO ENSURE WAGES

ARE PAID AT STRAIGHT TIME. NUMBER THREE, A SHUT DOWN OF FARM

OPERATIONS WHEN STORMS AND OTHER WEATHER-RELATED EVENTS INTERRUPT

WORK SCHEDULES, CREATING STATUTORILY-COMPLIANT PERIODS OF REST. AND

NUMBER FOUR, A DISSATISFIED AND UNSTABLE FARM WORKFORCE. THE WELFARE

OF ANIMALS AND CROPS WILL BE COMPROMISED DUE TO WORKERS SEEKING

OTHER OPPORTUNITIES THAT OPTIMIZE THEIR WAGES.

THEIR SECOND CONCERN WITH THE BILL, LIMITING THE FAMILY

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FARM DEFINITION TO PARENTS, SPOUSES, AND CHILDREN. THIS LIMITATION FAILS

TO RECOGNIZE THAT MANY EXTENDED FAMILIES HAVE CONSOLIDATED

AGRICULTURAL OPERATIONS, AND THAT THE INVOLVEMENT OF VARIOUS FAMILY

MEMBERS OF MULTIPLE GENERATIONS AND DEGREES OF SEPARATION IS ROUTINE.

THIS ELEMENT OF THIS LEGISLATION IS PUNITIVE TO THOSE WHO SEEK TO

MAINTAIN THE AGRICULTURAL TRADITION AND INTEREST IN THE FAMILY BUSINESS.

THEIR THIRD CONCERN WITH THE LEGISLATION IS, THE

COMPOSITION OF THE WAGE BOARD IS TOO NARROW, AND ITS ASSOCIATED

ACTIONS RECKLESSLY IMPLEMENTED. THE ASSEMBLY AND SENATE ESTABLISH

STATUTORY PROVISIONS AND LEGISLATIVE INTENT. ITS AUTHORITY IS AMONG THE

ESSENTIAL ELEMENTS OF THE SEPARATION OF POWERS. IT SHOULD NOT YIELD ITS

AUTHORITY TO A THREE-MEMBER BOARD APPOINTED BY THE EXECUTIVE, WHICH

IS -- WHICH ALLOWS A QUORUM FOR ACTION OF ONLY TWO MEMBERS, AND ITS

ROLE BE ADVISORY TO THE LEGISLATURE. THE DEADLINE IMPOSED FOR THE FIRST

MANDATED HEARING ON FARM OVERTIME PROVISIONS, ONLY TWO MONTHS AFTER

THE BILL'S ENACTMENT, IS NOT PRACTICAL OR WORKABLE FOR THE FARM

COMMUNITY. THE FARMERS TO WHICH THESE PROVISIONS APPLY WILL JUST BE

DEALING WITH THE EARLY, INITIAL IMPACTS OF A NEW 60-HOUR OVERTIME

THRESHOLD ON THE INDUSTRY. IN ADDITION, THE APPOINTEES TO THE BODY FAIL

TO INCLUDE THE STATE'S KEY AGENCY EXPERT ON AGRICULTURE ISSUES, THE STATE

COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.

THEIR FOURTH CONCERN, COLLECTIVE BARGAINING REQUIRES

FAIRNESS FOR BOTH FARM WORKERS AND FARMERS. ELECTIONS CONDUCTED

WITHOUT THE SANCTITY OF A SECRET BALLOT OPEN QUESTIONS OF INTEGRITY OF THE

VOTE. ADEQUATE TIME FOR VOLUNTARILY RESOLVING DISPUTES MUST BE

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INCORPORATED. IN THE ABSENCE OF THESE AMENDMENTS TO THE LEGISLATION,

NEW YORK'S AGRICULTURE COMMUNITY URGES YOU TO OPPOSE THIS BILL. AND

AGAIN, THIS IS SIGNED BY THE NEW YORK FARM BUREAU, THE NEW YORK

STATE VEGETABLE GROWERS ASSOCIATION, THE NORTHEAST DAIRY PRODUCERS

ASSOCIATION, THE NEW YORK APPLE ASSOCIATION, THE AGRI-MARK DAIRY

COOPERATIVE, THE UPSTATE NIAGARA COOPERATIVE, CAYUGA MARKETING,

CAYUGA MARKETING INGREDIENTS, EMPIRE STATE COUNCIL OF AGRICULTURAL

ORGANIZATIONS, THE NEW YORK STATE HORTICULTURE SOCIETY, THE NEW

YORK WINE INDUSTRY ASSOCIATION, THE NEW YORK WINE GRAPE GROWERS,

THE LONG ISLAND WINE COUNCIL, AGRICULTURAL AFFILIATES, NORTHEAST

AGRIBUSINESS AND FEED ALLIANCE, EMPIRE STATE FOREST PRODUCTS

ASSOCIATION, NEW YORK ASSOCIATION OF AGRICULTURAL EDUCATORS AND THE

NEW YORK THOROUGHBRED BREEDERS, INC.

MR. SPEAKER, I THINK THE INTENTIONS WERE

WELL-INTENTIONED IN THIS BILL. I THINK EVERYBODY WANTS TO LOOK OUT FOR

THE BENEFIT AND THE WELFARE OF THOSE THAT ARE HELPING US TO THRIVE AND

LOOKING AFTER THE COMMUNITY AT HEART. UNFORTUNATELY, MORE TIME IS

NEEDED TO COME TO A SOLID AGREEMENT TO ADVANCE THIS BILL. AND TO RUSH

IT FORWARD AT THIS EARLY HOUR WOULD BE UNJUST TO THE FARMERS IN OUR

COMMUNITY. AT THIS POINT, THIS BILL TARGETS OUR SMALL BUSINESSES, OUR

SMALL FARMERS, AND PUTS OUR FAMILY BUSINESS, FAMILY FARMS AT PERIL.

THIS MEANS THAT WE'RE LOOKING AT THE MEGA FARM OPERATION COMING TO

NEW YORK. AND I REALLY DON'T THINK ANYBODY REALLY WANTS THAT. AS I

MENTIONED, WHEN I WAS GROWING UP YOU COULD DRIVE DOWN THE ROAD AND

SEE 10 TO 11 FARMS ON JUST ABOUT ANY DRIVE -- ROAD YOU DROVE ON.

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TODAY YOU'RE LUCKY IF YOU SEE ONE. AND MANY OF THOSE FARMS THAT DO

EXIST ARE NOW BEING RENTED BY -- BY TENANTS. THEY'RE NOT EVEN AN

INDIVIDUAL FAMILY FARM OPERATING THEM ANYMORE. AND THEY'RE ONLY

THERE LONG ENOUGH UNTIL A SOLAR FARM CAN COME IN PLACE. AND A SOLAR

FARM, I'M SORRY, IS NOT A FARM. ONCE YOU PUT A SOLAR PANEL ON THAT, THAT

LAND IS LOCKED UP 20 TO 30 YEARS, AND THAT LAND BECOMES USELESS TO

FARMING. IT TAKES YEARS TO RECLAIM A FARMING -- PIECE OF FARM PASTURE.

YEARS, DECADES. AND YOU'RE LOOKING AT JUST DISSOLVING THAT OVERNIGHT

WITH THIS LEGISLATION. THAT IS WRONG. IT'S NOT THE RIGHT PATH FOR NEW

YORK.

I URGE A NO VOTE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. NORRIS: I COME FROM UPSTATE NEW YORK.

ERIE, NIAGARA AND ORLEANS COUNTIES. AND IN MY DISTRICT THERE ARE ACRES

AND ACRES OF FARMLAND. WE HAVE ORCHARDS. WE HAVE FARMS, DAIRY

FARMS. AND I'VE VISITED THEM, I'VE BEEN ON THESE FARMS. AND I ALWAYS

LOOK TO THE YOUNG FARMER ON THE LAND. AND I GO UP TO THE YOUNG FARMER

AND I SAY TO THEM, WHY HAVE YOU CHOSEN TO STAY IN THE INDUSTRY? AND

THEY LOOK AT ME AND THEY SMILE. AND THEY SAY, IT'S PART OF MY FAMILY.

IT'S PART OF MY TRADITION. IT'S PART OF MY BLOOD. AND I ALWAYS GO TO THE

YOUNG PERSON BECAUSE I WANT TO KNOW WHAT THEY'RE THINKING ABOUT THE

FUTURE. AND IN THIS CHAMBER, WE MUST LOOK TOWARDS THE FUTURE. AND

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WE HAVE DISAGREEMENTS ON WHERE THAT FUTURE SHOULD BE FOR THE EMPIRE

STATE. BUT, MY FRIENDS, WE ARE THE EMPIRE STATE. AND THE REASON WHY

WE'RE THE EMPIRE STATE IS NOT JUST BECAUSE OF NEW YORK CITY. IT'S

BECAUSE OF THE ENTIRE STATE. WE MOVED FORWARD OVER OUR TIME THROUGH

OUR INFRASTRUCTURE AND OUR AGRICULTURE AND WE REALIZED THAT WE NEEDED

TO EXPAND AND GROW. AND WHEN I TALK THEN TO THE OLDER FARMERS, I SEE

THE STRUGGLE IN THEIR EYES. I WORRY ABOUT -- THEY WORRY ABOUT THEIR

CHILDREN, AND HOW ARE THESE FARMS GOING TO SURVIVE UNDER THE CURRENT

CONDITIONS THAT WE HAVE. IT IS A STRUGGLE. AND WE ALL NEED FOOD. IT'S A

COMMON FACTOR. AND OUR FARMS AND OUR AGRICULTURE COMMUNITY IS A

CRITICAL PART OF OUR LIFE AND ABOUT OUR ECONOMY, AND MAKING SURE WE'RE

ALL PROTECTED. OFTENTIMES IN OUR STATE LEGISLATURE, IN OUR LAWS, THERE

ARE PROTECTIONS CARVED OUT FOR THE AGRICULTURAL COMMUNITY BECAUSE THE

-- THE LEGISLATURES BEFORE US RECOGNIZED THE IMPORTANCE AND THE VALUE

OF HAVING FARMS IN OUR COMMUNITIES. I WILL TELL YOU THIS, TOO. WHEN I

GO ON TO OUR FARMS, PARTICULARLY IN MY AREA, AND I GRAB AN APPLE OFF THE

TREE, IT IS THE BEST APPLE I WOULD EAT ANYWHERE IN THE WORLD. THE SAME

CAN GO FOR OUR PEACHES AND OUR CHERRIES AND FOR OUR VEGETABLES. AND

I'M REALLY AFRAID THAT THIS BILL JUST GOES TOO FAR FOR OUR HARD-WORKING

FAMILY FARMS. AND THAT THESE YOUNG FARMERS WHO I SPEAK WITH WHO ARE

SO PROUD TO BE ON THAT FARM, TO CARRY ON THE TRADITION AND TO PROVIDE FOR

ALL OF US, PROVIDE FOR ALL NEW YORKERS, IS GOING TO BE SEVERELY

DAMAGED BY THIS LEGISLATION. AND I JUST STAND TODAY TO ASK MY

COLLEAGUES TO RECONSIDER. AND I KNOW IT WILL LIKELY PASS BECAUSE THAT'S

HOW THINGS GO HERE. BUT PLEASE, HAVE MORE PUBLIC HEARINGS. HAVE

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MORE DEBATE. TAKE INTO CONSIDERATION THE FUTURE OF OUR FARMERS. THE

GENERATIONS THAT ARE GOING TO COME LONG AFTER ALL OF US ARE IN THIS

CHAMBER. IT IS AN IMPORTANT INDUSTRY. IT'S CRITICAL. AND I -- AS YOU CAN

TELL, I'M VERY PASSIONATE ABOUT IT. JUST -- NOT JUST BECAUSE I HAVE FARMS

IN MY DISTRICT, BUT IT AFFECTS EVERYONE'S DISTRICT AND EVERYONE IN THE

STATE OF NEW YORK.

AND I WANTED TO JUST POINT OUT A COUPLE OF THINGS. IT

IS A UNIQUE INDUSTRY. IT IS SEASONAL. THE FARMERS UNDERSTAND IT, THE

WORKERS UNDERSTAND IT. AND WE MUST KEEP THOSE CONSIDERATIONS INTACT

BECAUSE THE WEATHER WILL COME. RIGHT NOW WE HAD MORE RAIN THIS YEAR.

AND THEY HAVE TO DEAL WITH THE CONDITIONS AS GOD PUTS THE RAIN DOWN.

SO I JUST WANT TO SAY I STRONGLY OPPOSE THIS BILL

BECAUSE I THINK IT'S GOING TO HAVE A CHILLING EFFECT ON OUR CURRENT

AGRICULTURAL INDUSTRY AND ALSO IN THE LONG-TERM, ABOUT THE SUSTAINABILITY

OF OUR FAMILY FARMS IN THE LONG-TERM, DECADES FROM NOW, AND ON OUR

CROPS AND OUR -- AND OUR FUTURE. OUR FARMERS ARE STRUGGLING. WE NEED

THIS FOOD. WE NEED THIS AGRICULTURE. AND I THINK IT'S VERY, VERY

IMPORTANT THAT WE TAKE THESE THINGS INTO CONSIDERATION AS WE DELIBERATE

THIS BILL IN ITS FINAL HOURS.

MR. SPEAKER, THANK YOU VERY MUCH FOR THE OPPORTUNITY

TO SPEAK AND ADDRESS MY COLLEAGUES.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. BUTTENSCHON.

MS. BUTTENSCHON: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

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MS. BUTTENSCHON: I APPRECIATE THE SPONSOR AND

MY COLLEAGUES' CONCERNS FOR OUR FARMERS AND FARM WORKERS, AS I ALSO

UNDERSTAND THE IMPORTANCE OF ENSURING THAT ALL WORKERS IN NEW YORK

STATE ARE TREATED WITH RESPECT, DIGNITY AND ARE SAFE DURING THEIR WORK

DAY OR NIGHT. NEW YORK FARMERS ARE VERY DIVERSE. THEY RANGE FROM

DAIRY TO MEAT LIVESTOCK AND VEGETABLE, FRUIT, GRAINS, AS WELL AS ITEMS

THAT WE CONSIDER AS SHRUBS, TREES AND OTHER LANDSCAPING ITEMS. BUT

MANY OF THESE ITEMS WE NEED TO SUSTAIN. THE FIRST STEPS WHEN

CONSIDERING COLLECTIVE BARGAINING IS A PROCESS OF NUMEROUS DISCUSSIONS

BETWEEN EMPLOYERS AND EMPLOYEES AIMED AT COMING TO AGREEMENTS TO

DETERMINE FAIR WORKING CONDITIONS AND BENEFITS. I KNOW THAT THE

SPONSOR HAS HAD DISCUSSIONS AND MEETINGS; HOWEVER, WE WOULD BENEFIT

FROM FURTHER MEETINGS AS THIS INDUSTRY IS CONSTANTLY CHANGING, AND THE

INITIAL GOALS OF THIS BILL THAT WERE SOUGHT OUT MAY HAVE CHANGED OVER

TIME. I ALSO KNOW THAT THE SPONSOR HAS MADE GREAT POSITIVE STRIDES OVER

THE YEARS, AND SO MANY IN THIS FIELD ARE PROUD TO BE CALLED NEW YORK

FARMERS OR FARM WORKERS THAT ARE WITH US TODAY. THIS INDUSTRY ALSO

CANNOT BE COMPARED TO ANY OTHER. IT IS -- IT IS UNIQUE. AND FURTHER

DISCUSSIONS WILL DETERMINE THAT THOSE IN THE FIELD WILL BE CONSIDERED TO

HAVE THE FAIR AREAS THAT THEY NEED TO BE PROTECTED IN. MY CONSTITUENTS,

MY NEIGHBORS, OUR FARMERS AND FARM WORKERS, AS WELL AS THE RECIPIENTS

OF MANY PRODUCTS THAT ARE PRODUCED ON THESE FARMS, I AM HERE TO SPEAK

FOR THEM. THEY ARE PLEADING WITH US NOT TO PASS THESE CONCRETE REG --

REGULATIONS, AS THEY WOULD HAVE DEVASTATING EFFECTS ON THEIR LIVELIHOOD.

THEY HAVE ASKED ME TO VOTE IN THE NEGATIVE, AND I URGE MY COLLEAGUES

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TO DO THE SAME, AS I WILL BE VOTING IN THE NEGATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. NOLAN.

MS. NOLAN: THANK YOU, MR. SPEAKER, TO CLOSE. I

JUST WOULD LIKE TO MAKE SURE THAT THE RECORD REFLECTS A FEW FACTS ON THE

BILL. AS I OFTEN DO, I TRY TO ANSWER QUESTIONS AND I JUST WANT TO MAKE

SURE THE RECORD HAS CERTAIN THINGS ON IT. THIS BILL WOULD ESTABLISH THE

FARM LABORERS FAIR LABOR PRACTICES ACT TO GRANT COLLECTIVE BARGAINING

RIGHTS, OVERTIME, A DAY OF REST AND ADDITIONAL LABOR PROTECTIONS TO THE

FARM WORKERS OF OUR STATE. THE NEW YORK STATE LABOR RELATIONS ACT

WHICH GRANTED COLLECTIVE BARGAINING RIGHTS TO EMPLOYEES WAS PASSED IN

1937. IT SPECIFICALLY EXCLUDED FARM LABORERS. SINCE THEN, THESE

WORKERS HAVE BEEN EXCLUDED FROM MANY OTHER IMPORTANT LABOR RIGHTS

AND PROTECTIONS UNDER THE LAW. THIS BILL ATTEMPTS TO RIGHT THOSE

WRONGS, AND GIVE THOSE WORKERS THOSE BASIC PROTECTIONS IN A WAY THAT

STRIKES A BALANCE BETWEEN THE NEEDS OF THIS IMPORTANT INDUSTRY IN OUR

STATE, AND OF COURSE THE VERY IMPORTANT RIGHTS OF THE WORKERS.

I WANT TO SAY, MR. SPEAKER, AND MY COLLEAGUES, TO ALL

OF MY COLLEAGUES, I HOPE AND REALLY INTEND NO DISRESPECT. YOU KNOW, I

ALWAYS JOKE THAT I DID -- I WAS BORN IN SYRACUSE, AND YES, I HAVE A

QUEENS ACCENT. BUT I SAY IT WITH LOVE FOR THE UPSTATE FARMING

COMMUNITIES. I SAY IT WITH RESPECT FOR THE JOB THAT FARMERS IN OUR STATE

DO. AND I SAY IT WITH AN ATTENTION TO DETAIL THAT HAS TAKEN ME THROUGH,

PERSONALLY, A VERY LONG JOURNEY IN SUPPORT OF THIS BILL. IT'S COMMON

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TODAY -- WHEN I GOT HERE 35 YEARS AGO, MEMBERS DID NOT SHARE PERSONAL

EXPERIENCES, BUT IT'S BECOME COMMON SO I WILL JUST SHARE A LITTLE BIT OF

MINE. I WAS A YOUNG WOMAN GROWING UP IN QUEENS, JUST A LITTLE GIRL,

REALLY, WITH A FATHER WHO HAD BEEN A FRESH AIR FUND KID WHO HAD

WORKED ON A VEGETABLE FARM IN JORDAN, NEW YORK FROM THE AGES OF 7 TO

17, AND HE LOVED THE FAMILY THAT TOOK HIM IN. HE DID NOT HAVE HIS

FATHER, HE GREW UP IN QUEENSBRIDGE HOUSES, AND HE LOVED EVERYTHING

ABOUT UPSTATE NEW YORK. AND HE WAS VERY ACTIVE IN SOMETHING CALLED

THE HOLY NAMES SOCIETY, WHICH WAS, AS SOME WILL REMEMBER, A GREAT

CATHOLIC MEN'S ORGANIZATION. AND HE CAME HOME ONE DAY IN THE 1960'S

AND HE SAID TO MY MOTHER, NO MORE GRAPES. THAT'S IT. WE'RE NOT

EATING GRAPES, WE'RE NOT BUYING LETTUCE. AND IN THOSE DAYS THE WIFE

DID MOST OF THE FOOD SHOPPING, AND MY MOTHER LIKED GRAPES. YOU

KNOW, STILL LIKES THEM TODAY. STILL LIVES, BY THE WAY, IN SYRACUSE, NEW

YORK. AND SAID TO HIM, WHAT ARE YOU, CRAZY? WE LOVE GRAPES. MY --

OH, NO, NO. BOBBY KENNEDY SAID CAN'T BUY THOSE GRAPES. ROBERT

KENNEDY, OUR SENATOR IN NEW YORK, AND MANY OTHER LEADERS IN OUR

STATE SAID CAN'T BUY THOSE GRAPES. WE HAVE TO STAND WITH THESE

WORKERS WHO ARE ILL-TREATED. WE HAVE TO STAND WITH THESE WORKERS WHO

ARE EXCLUDED FROM BASIC PROTECTIONS, BECAUSE MY FATHER WAS A SHOP

STEWARD IN THE PHONE COMPANY. HE WAS SUCH A DEDICATED MEMBER OF

THE AFL-CIO THAT IN THE EIGHTH GRADE HE TOOK ME TO WASHINGTON

BECAUSE WE BOTH LOVED POLITICS. I'M A VERY TYPICAL OLDEST DAUGHTER.

AND WHAT DID WE SEE? NOT THE WASHINGTON MONUMENT, NOT THE WHITE

HOUSE UNTIL THE SECOND DAY. THE FIRST THING WE WENT TO WAS THE

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HEADQUARTERS OF THE AFL-CIO, WHICH, FRANKLY, WASN'T OPEN AND WASN'T

LETTING US IN. BUT IT WAS A SATURDAY OR A SUNDAY. BUT MY FATHER WAS A

HUMBLE MAN. ALL HE WANTED TO DO WAS LOOK AT IT. SOMEONE ASKED ME

RECENTLY IF I WAS A FRESH AIR FUND KID BECAUSE WE CERTAINLY WERE NOT

AN AFFLUENT FAMILY. MY FATHER DID NOT WANT THAT FOR US BECAUSE WE HAD

HIM TO PROVIDE. BECAUSE BEING A SHOP STEWARD AT THE PHONE COMPANY

MEANT HE COULD TAKE US TO HAMPTON BAYS FOR ONE WEEK EVERY SUMMER,

AND TO HIM THAT WAS JUST AS GOOD AS HIM GOING UP TO UPSTATE TO DO WHAT

HE DID AS -- AS A YOUNG -- IN THOSE DAYS, AS I SAID, A FRESH AIR FUND

CHILD. IT WAS THE UNION THAT BROUGHT US THE VACATION. IT WAS THE UNION

THAT BROUGHT US THE WEEKEND. IT WAS THE UNION THAT BROUGHT HIM TIME-

AND-A-HALF WHEN HE WORKED THANKSGIVING OR CHRISTMAS BECAUSE THEY

WERE A QUITE A FEW OF US AND HE WANTED TO PROVIDE. SO I ONLY BRING

THESE PERSONAL THINGS UP BECAUSE EACH OF US MUST ASK OURSELVES TODAY

WHEN WE CAST A VOTE ON THIS BILL, WHAT ARE WE DOING TO LIFT UP EVERYONE

IN OUR STATE? BELIEVE ME, COLLEAGUES, I HAVE NO DESIRE TO SEE THE FARM

INDUSTRY HURT. AND I SAY TO YOU TODAY, I PLEDGE MY EFFORTS AS LONG AS I

STAY IN THIS BODY AND WELL PAST, TO BE A VOICE ON BEHALF OF THE INDUSTRY

IF THERE ARE THINGS THAT HAPPEN HERE THAT WE FEEL ARE TOO NEGATIVE. AND

I WANT TO SAY AGAIN, WE -- OVER THE YEARS HOW MANY HEARINGS WE HAVE

HAD. IF PEOPLE FEEL THEY WERE NOT ENOUGH, MY APOLOGIES. WE WILL

CONTINUE TO LISTEN AND LEARN. BUT IN OUR STATE, WE HAVE REPORTS THAT

LITERALLY GO BACK TO THE 1930'S TO SAY WE ARE NOT DOING IT RIGHT BY THESE

WORKERS. IN 1991, GOVERNOR MARIO CUOMO PUT OUT A REPORT WITH

CORNELL UNIVERSITY THAT CONCLUDED THAT FARM WORKERS IN NEW YORK

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SHOULD BE GRANTED THE RIGHT TO ORGANIZE UNIONS AND BARGAIN

COLLECTIVELY. IT DIDN'T HAPPEN. IN 1995, OUR GREAT COLLEAGUES OLGA

MENDEZ AND HECTOR DIAZ PUT OUT A REPORT - AND I NOTICED SOME OTHER

COLLEAGUES MENTIONED "SEPARATE AND UNEQUAL" RECOMMENDED

COLLECTIVE BARGAINING RIGHTS FOR FARM WORKERS. IT DIDN'T HAPPEN. IN

1999, I VISITED FARMS IN, I THINK, IT WAS ORANGE COUNTY - I DON'T WANT TO

MAKE A MISTAKE HERE - WITH THE AFL-CIO AND OUR GREAT PRESIDENT OF

THE AFL [SIC] AT THAT TIME, DENIS HUGHES, SAID, THIS WILL BE A LONG

FIGHT. BUT WE WILL BE THERE WITH YOU. WE WILL GET WHERE WE HAVE TO

GET. YES, IN ORANGE COUNTY. I MET WITH 100 FARM WORKERS, AND I HAD A

-- A NEWBORN CHILD AT HOME THAT I -- GOD, HE WAS SUCH A GOOD BABY. I

STASHED HIM WITH MY HUSBAND AND MADE YET ANOTHER TRIP UP THE

THRUWAY OUT OF QUEENS TO GO TO THAT MEETING. AND DENIS SAID TO THOSE

FARM WORKERS, IT WILL BE A LONG FIGHT. I HAVE TO SAY TO YOU, 20 YEARS

LATER, COLLEAGUES, THIS IS THE DAY THAT THE FIGHT WILL NOW MOVE TO A -- A

BETTER RESOLUTION. AND I BELIEVE IT WILL BE BETTER FOR THE BUSINESSES OF

OUR STATE AS WELL. TREATING PEOPLE THE RIGHT WAY, LETTING PEOPLE BE IN A

UNION. GIVING THEM TIME-AND-A-HALF OR A DAY OF REST IF THEY WORK IT, IF

THEY VOLUNTARILY AGREE TO WORK IT, IS THE WAY TO PREVENT INJURIES, HAVE

HAPPIER EMPLOYEES AND A MORE EDUCATED AND SUSTAINABLE WORKFORCE.

SENATOR KENNEDY SAID, PROGRESS IS A NICE WORD. BUT

CHANGE IS ITS MOTIVATOR, AND CHANGE HAS ITS ENEMIES. PEOPLE HAVE BEEN

RESISTANT TO THIS CHANGE SINCE 1937. BUT I SAY TO YOU TODAY, COLLEAGUES,

AT A TIME - AS I SAID AT THE BEGINNING OF THIS DEBATE - OF GREAT

POLARIZATION IN AMERICAN LIFE, WE, IN NEW YORK, ARE REJECTING THAT

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POLARIZATION. WE CRITICIZE NO ONE. WE SAY TODAY IT'S TIME TO MOVE

FORWARD FOR AN EXTREMELY IMPORTANT SECTOR OF OUR WORKFORCE AND GIVE

THEM THE RIGHTS TO COLLECTIVELY BARGAIN AND BE IN A UNION. TO, YES,

RESPECT THE FARM COMMUNITY AND PUT IN A 60-HOUR TRIGGER. AND THOSE

OF YOU THAT KNOW ME KNOW HOW HARD IT WAS FOR ME TO AGREE TO DO THAT.

BUT IT WAS THE RIGHT THING TO DO FOR THE INDUSTRY TO SET UP WAGE BOARDS,

TO PUT IN A DAY OF REST, TO GET THE THINGS THAT WE GOT. IT IS A

COMPROMISE, AND IT'S A FAIR AND GOOD COMPROMISE THAT WILL HELP THE

ECONOMY OF OUR STATE.

SO I -- I DON'T WANT TO BELABOR IT. WE'RE HERE, WE'RE

GOING TO CAST OUR VOTES. AND A LOT OF MEMBERS I WANT TO THANK WHEN

WE EXPLAIN OUR VOTES. BUT I WOULD URGE A YES VOTE ON THIS BILL FOR

PROGRESS. FOR REAL PROGRESS AND CHANGE, WHICH IS THE MOTIVATOR OF THAT

PROGRESS, AND MOVING EVER UPWARD IN OUR STATE AS WE DO IN NEW YORK.

I URGE MY COLLEAGUES TO CAST A YES VOTE ON THIS LEGISLATION.

(APPLAUSE/CHEERS)

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,

2020.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ORTIZ TO EXPLAIN HIS VOTE.

MR. ORTIZ: YES, THANK YOU, MR. SPEAKER, FOR

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ALLOWING ME TO EXPLAIN MY VOTE. I DO WOULD LIKE TO COMMEND THE

SPONSOR OF THIS PIECE OF LEGISLATION, BUT I WANT TO GO BACK A LITTLE BIT

ABOUT HISTORY. I WOULD LIKE ALSO TO THANK - REST IN PEACE - FORMER

SENATOR OLGA MENDEZ AND ASSEMBLYMAN -- FORMER ASSEMBLYMAN

HECTOR DIAZ. THIS BILL, MR. SPEAKER, HAS TAKEN A BIG ROW, AND I ALSO

WOULD LIKE TO THANK ALL THE ADVOCATES WHO ARE HERE TODAY AND THOSE

WHO ARE NOT HERE SINCE 1991. BECAUSE THIS ISSUE HAS BEEN A FIGHT, HAS

BEEN A FIGHT WHERE SOME OF THESE WORKERS HAVE WALKED MILES TO GET TO

THE CAPITOL TO MAKE SURE THAT WE'D BE ABLE TO SEE THIS HISTORICAL DAY

HERE TODAY. WORKERS DO DESERVE COLLECTIVE BARGAINING. WORKERS DO

DESERVE WORK COMPENSATION. WORKERS DO DESERVE UNEMPLOYMENT

BENEFITS, AND WORKERS, MR. SPEAKER, DESERVE A REST, AT LEAST ONE DAY OFF.

AND THIS SHOULD BE THE RIGHT IN ANY JOB THAT WE MIGHT HAVE.

MR. SPEAKER, I ALSO WOULD LIKE TO COMMEND THE

SPONSOR OF THIS BILL, BECAUSE WHEN I GOT HERE IN 1995 I GOT INVOLVED IN

AN INDUSTRY THAT I UNVEIL INJUSTICES REGARDING THE INDUSTRY OF SWEATSHOP.

SHE WAS THERE FOR ME. SHE WAS THE CATALYST TO MAKE SURE THAT WE GOT

JUSTICE FOR THOSE WORKERS AS WELL. AND SOME OF THE DEBATE - AND I

HEARD HERE TODAY ABOUT CORPORATE AMERICA WILL LOSE MONEY, FARMERS

WILL LOSE. I WILL TELL YOU THIS -- THIS, MR. SPEAKER. UNTIL TODAY, WE HAVE

PASSED LEGISLATION TO MAKE SURE THAT WE KEEP COMPANY ACCOUNTABLE,

AND THEY HAVE MADE MORE MONEY TODAY THAN THEY WOULD THE DAY BEFORE

WE PASSED OUR BILL.

MR. SPEAKER, I KNOW THAT THIS BILL IS FAR FROM BEING

CORRECT -- TO BE CORRECT. WE NEED TO ADDRESS THE ISSUES OF THE HOUSING.

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WE NEED TO (INAUDIBLE) OF (INAUDIBLE). AND I CLOSE WITH THIS, MR.

SPEAKER - AND THIS WAS A GREAT LEADER FROM CALIFORNIA WHO SAID THIS -

"THE FIGHT IS NEVER ABOUT GRAPES OR LETTUCE. IT'S ABOUT PEOPLE." AND I

CLOSE QUOTE, AND THAT WAS CESAR (INAUDIBLE), CESAR (INAUDIBLE), CESAR

CHAVEZ. MUCHAS GRACIAS. THANK YOU.

ACTING SPEAKER AUBRY: MR. ORTIZ IN THE

AFFIRMATIVE.

MR. CROUCH TO EXPLAIN HIS VOTE.

MR. CROUCH: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. I GUESS WE DIDN'T GET THE MEMO THAT WE COULD HAVE A

CHEERING SESSION HERE TODAY, OTHERWISE WE COULD HAVE FILLED UP ALL THE

SEATS WITH FARMERS AND WORKERS. AND WE COULD HAVE HAD A -- A GOOD

TIME. YOU KNOW, THERE'S OTHER ELEMENTS OF PAYROLL. WE TALK ABOUT, YOU

KNOW, LIKE THE -- THE WORKERS HAVE BEEN TAKEN ADVANTAGE OF AND SO

FORTH, AND WE WANT TO MAKE SURE THEY'RE PAID WELL. THERE'S A LOT OF

FARMS THAT THE PAYROLL IS ONE THING. HOUSING IS ANOTHER. OFTENTIMES,

FARMERS SUPPLY HOUSING. ON MY OWN FARM, I HAD A WORKER THERE THAT --

I GAVE HIM AN APARTMENT, A THREE-BEDROOM APARTMENT TO UTILIZE. AND IT

WAS A NICE APARTMENT. MY BROTHER HAD LIVED THERE. OFTENTIMES, LIKE ON

A DAIRY FARM, THEY GET ALL THE MILK THAT THEY CAN DRINK. IF THEY'VE GOT

SIX KIDS IN THEIR FAMILY, THAT CAN CONSUME A LOT OF MILK. AND

OFTENTIMES, DAIRY FARM, BEEF FARM, IF YOU'VE GOT WORKERS ON THAT -- THAT

FARM, YOU GET HALF A BEEF OR A WHOLE BEEF FOR THE COURSE OF THE YEAR. IF

YOU START RAISING THINGS -- RAISING THE COST OF THINGS, THE FARMERS MAY

BACK AWAY. THEY MAY HAVE TO BACK AWAY, JUST AS A MATTER OF COST

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SAVINGS, IN PROVIDING THAT APARTMENT AND HAVE -- THEY MAY HAVE TO FIND

SOMEPLACE ELSE TO LIVE. SO AGAIN, WE'RE MAYBE HURTING THE WORKER.

PRICE COMPETITION. WE'VE TALKED ABOUT, YOU KNOW, IT'S

BEEN MENTIONED, WELL, THE PRICE MAY HAVE TO GO UP A LITTLE BIT.

FARMERS DON'T GET THAT ENJOYMENT OF RAISING THEIR PRICE. IF YOU'RE A

VEGETABLE GROWER, MAYBE IF YOU'RE RUNNING A FARM MARKET. WHEN I WAS

OUT ON LONG ISLAND VISITING SOME VEGETABLE FARMS OUT THERE, THEIR

BIGGEST COMPETITOR WAS STUFF -- MATERIAL AND VEGETABLES COMING IN FROM

CANADA, GOING INTO NEW YORK CITY. NOW AGAIN, WE RAISE THE PRICE OF

FARMING IN NEW YORK, ESPECIALLY OUT ON EASTERN LONG ISLAND, THEY'RE

GOING TO BE OUT OF THE MARKET. A LOT HAS BEEN SAID ABOUT THE TREATMENT

OF THE FARM WORKERS. THE -- THE FARMERS HAVE BEEN DEMONIZED AS NOT

TREATING THEIR WORKERS WELL, AND I'D LIKE TO REALLY FORMALLY REFUTE THAT.

SO, MR. -- MR. SPEAKER, I'M ENCOURAGING A NO VOTE ON

THIS, AND LET'S LOOK AT THE REALITY OF IT.

ACTING SPEAKER AUBRY: MR. CROUCH IN THE

NEGATIVE.

MR. STECK.

MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER.

FORTY-FOUR YEARS AGO, AS THE SPONSOR ALLUDED TO, CALIFORNIA PASSED THE

AGRICULTURE LABOR RELATIONS ACT OF 1975, WHICH PROVIDED FOR

COLLECTIVE BARGAINING FOR FARM WORKERS IN CALIFORNIA. IT GAVE FARM

WORKERS IN CALIFORNIA FAR MORE RIGHTS THAN WHAT IS PROVIDED FOR IN THIS

BILL, INCLUDING THE RIGHT UNDER CERTAIN CIRCUMSTANCES TO STRIKE. I'M VERY

PLEASED TODAY THAT NEW YORK STATE IS FINALLY MOVING INTO THE MODERN

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ERA WITH RESPECT TO THE RIGHTS OF AGRICULTURAL WORKERS. AND I WANT TO

ALSO POINT OUT THAT THE SUREST WAY TO ECONOMIC DISASTER IS TO RUN A

LOW-WAGE ECONOMY WHERE PEOPLE CANNOT SPEND MONEY IN THE

ECONOMIC SYSTEM. WE'VE BEEN DOING THAT IN UPSTATE NEW YORK FOR FAR

TOO LONG. WE'VE GOT TO ERASE THAT PHILOSOPHY AND HAVE A DIFFERENT

APPROACH.

FOR THAT REASON, MR. SPEAKER, I'LL BE VOTING IN THE

AFFIRMATIVE ON THIS BILL.

ACTING SPEAKER AUBRY: MR. PHILLIP STECK IN

THE AFFIRMATIVE.

MR. RAMOS.

MR. RAMOS: THANK YOU, MR. SPEAKER, FOR THIS

OPPORTUNITY TO EXPLAIN MY VOTE. IT'S BEEN A VERY INTERESTING DEBATE, AND

I'VE HEARD MANY OF MY COLLEAGUES ON THE OTHER SIDE SPEAK WITH A LOT OF

BENEVOLENCE TOWARDS -- TOWARDS THE FARM WORKERS, AND I WANT TO

BELIEVE THAT THEY -- THAT EXISTS. THE -- THE IDEA THAT FARMERS HAVE AN

AFFECTION FOR THEIR WORKERS AND WANT TO DO THE RIGHT THING, AND I TRULY

WANT TO BELIEVE THAT THAT'S TRUE. AND, YOU KNOW, I -- I LIKE THAT CIVIL

TONE THAT WE'RE TALKING ABOUT. UNFORTUNATELY, IT'S BEEN TWO -- TWO

CENTURIES OF EXPLOITATION OF FARMS WORKERS. AND, YOU KNOW, WE'VE

HEARD HERE ABOUT HOW THE -- THE CONTENTION THAT -- THAT SOME ARE PUTTING

PROFITS BEFORE PEOPLE, THAT THAT'S NOT TRUE. THAT FARMERS AREN'T REALLY

MAKING PROFITS. I WAS A COP FOR 20 YEARS, AND I REMEMBER THE

INVESTIGATIONS OF ORGANIZED CRIME IN THE MILK INDUSTRY AND THE PRICE

FIXING AND THE PROFITS THAT WERE BEING MADE AT THAT TIME. AND WE'VE

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HEARD HERE TALK ABOUT -- WE EVEN HEARD IT BROUGHT UP ABOUT THE FEED

COSTS BEING A MAJOR ELEMENT IN FARMERS AND HOW MUCH OF A BURDEN THAT

IS. THE WORKERS HAVE FEED COSTS, TOO. THEY HAVE TO FEED THEIR FAMILIES.

AND THAT'S WHAT THIS BILL IS ABOUT, TRYING TO PROVIDE A CIRCUMSTANCE IN

WHICH THEY CAN SUPPORT THEIR FAMILIES AND DO THE RIGHT THING. YOU

KNOW, I REMEMBER IN THE 1960'S WHEN THIS INDUSTRY, GERALDO RIVERA

EXPOSED THE HOUSING CONDITIONS -- NOT IN BAD -- YOU KNOW, A FEW BAD

APPLES -- THROUGHOUT THE COUNTRIES, WHERE MIGRANT WORKERS WERE LIVING

IN HORRENDOUS CONDITIONS IN NEW YORK AND ACROSS THE COUNTRY. WE

HAD MIGRANT WORKERS WHO WOULD COME ACROSS EN MASSE, THOUSANDS

WOULD COME ACROSS THE BORDER, WORK ON FARMS, AND WHEN IT CAME TIME

TO PAY THEM, THE FARMERS WOULD CALL IMMIGRATION AND GET THEM

DEPORTED. THIS HAS BEEN THE HISTORY OF THIS INDUSTRY TOWARDS -- TOWARDS

FARM WORKERS. BUT I HOPE THAT WE ARE A NEW DAY. AND ALTHOUGH THAT

WE SAY THAT THE FARMERS ARE ACTUALLY -- SOMEBODY MENTIONED HERE THE

FARMERS ARE ACTUALLY ADVOCATES. WHEN WE TALKED ABOUT IMPROVING THE

HOUSING CONDITIONS, THE FARM INDUSTRY SAID NO. WHEN WE TALKED ABOUT

DRIVER'S LICENSES, NO. WHEN IT'S RAISING MINIMUM WAGE, NO. WHEN IT'S

ACTING SPEAKER AUBRY: MR. --

MR. RAMOS: -- WORKERS' COMPENSATION, NO.

OVERTIME, NO. HEALTH INSURANCE, NO.

ACTING SPEAKER AUBRY: MR. RAMOS --

MR. RAMOS: BUT I URGE MY COLLEAGUES TO VOTE YES

ON THIS BILL. THANK YOU VERY MUCH.

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ACTING SPEAKER AUBRY: MR. RAMOS IN THE

AFFIRMATIVE.

MR. GIGLIO.

MR. GIGLIO: THANK YOU, MR. SPEAKER. I WOULD LIKE

TO REMIND EVERYBODY THAT FARMERS ARE PEOPLE, TOO. AND THEY ARE OUT

THERE TRYING TO DO THE BEST. AND IT'S IN THEIR BLOOD. THAT'S WHY IT'S

GENERATIONAL. BUT THERE'S ONE OTHER THING I WOULD LIKE TO DO. I WOULD

LIKE TO INVITE YOU TO A FARM AUCTION. NOT TO THE FARM, BUT TO A FARM

AUCTION WHERE YOU CAN SEE WHEN THEY GO BANKRUPT THAT THEIR DREAMS ARE

SOLD BY COMPONENT, AND THAT THOSE GENTLEMAN THAT HAVE DEDICATED THEIR

LIFE TO THEIR PROFESSION WATCH IT LEAVE PIECE BY PIECE. MAYBE THEY

SHOULD THINK ABOUT THAT ONCE IN THE WHILE. AND ONE MORE THING. IN MY

DISTRICT WHERE AGRICULTURE AND LUMBER ARE THEIR BIGGEST EXPORTS, THE

MEDIAN INCOME IS IN THE MID-40'S, THE MID-$40,000 RANGE. THERE'S NO

ONE RICH THERE. THERE'S NOBODY EXPLOITING ANYBODY THERE. AND I'M A

LITTLE BIT TIRED OF HEARING IT TODAY.

AND I WILL BE VOTING IN THE NEGATIVE. THANK YOU.

(APPLAUSE)

MR. GIGLIO IN THE NEGATIVE. THANK YOU. THANK YOU.

MR. SMULLEN.

MR. SMULLEN: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE HERE TODAY. I REPRESENT FIVE COUNTIES IN UPSTATE NEW

YORK; FULTON, HERKIMER, ONEIDA, ST. LAWRENCE AND HAMILTON

COUNTIES. WE HAVE MANY FARMS ACROSS OUR AGRICULTURAL SECTOR WHICH

ARE ALMOST ALL CLASSIFIED AS SMALL BUSINESSES. I BELIEVE THEY'LL BE

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GRIEVOUSLY HURT BY AN UNREASONABLE LABOR BILL THAT WE'RE GOING TO PASS

HERE TODAY THAT WILL DO -- DO IRREPARABLE DAMAGE TO OUR NUMBER ONE

ECONOMIC DRIVER. THIS BILL IS A 30-YEAR THROWBACK THAT IS BEING PUSHED

ONTO A POST-INDUSTRIAL ECONOMY IN UPSTATE NEW YORK, ONE WHOSE

AGRICULTURAL SECTOR IS VERY SOPHISTICATED, MODERN AND VERY HIGH-TECH. I

SAY TODAY THAT OUR FARMERS DESERVE A LEVEL PLAYING FIELD TO ENSURE THAT

ALL OF OUR PEOPLE IN NEW YORK HAVE A SAFE, SECURE FOOD SUPPLY WHERE

OUR TABLES ARE FILLED BY OUR FARMS. HERE IN NEW YORK. LET'S KEEP IT

THAT WAY HERE IN NEW YORK.

I SAY THAT THIS SHOE DOES NOT FIT, AND THEREFORE, I CAST

MY VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. SMULLEN IN THE

NEGATIVE.

MR. MOSLEY.

MR. MOSLEY: THANK YOU, MR. SPEAKER. I WOULD

JUST LIKE TO COMMEND THE BILL SPONSOR AND THE STAFF FOR THEIR DILIGENT

WORK. I KNOW SHE'S PUT IN COUNTLESS HOURS. AND UNLIKE -- LIKE HER, I --

I'M FROM NEW YORK CITY, I'M FROM BROOKLYN. I'VE STEPPED ON MY FAIR

SHARE OF FARMS AND I KNOW A FEW FOLKS WHO ARE IN THE INDUSTRY. BUT THE

ONE THING I UNDERSTAND, THE MOST FUNDAMENTAL PRINCIPLE IS A FAIR DAY'S

PAY FOR A FAIR DAY'S WORK. AND I THINK THAT THE FARMING INDUSTRY IS A

LITTLE DIFFERENT THAN ANY INDUSTRY THAT IF YOU PUT OUT LABOR, IF YOU PUT OUT

YOUR TALENT IN AN EFFORT TO ENRICH OTHERS, THAT YOU DESERVE YOUR FAIR

DAY'S PAY. AND WHETHER OR NOT WE'RE TALKING ABOUT WALL STREET, WHERE

PEOPLE ARE MAKING EXORBITANT AMOUNTS OF MONEY, OR WHETHER WE'RE

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TALKING ABOUT THE FARMING INDUSTRY, ARE ONE AND ONE (INAUDIBLE)

INDUSTRIES THAT DRIVE OUR ECONOMY HERE IN NEW YORK STATE. WE HAVE

TO UNDERSTAND THAT LABOR, ALL LABOR HAS WORTH. ALL LABOR, WHETHER YOU'RE

IN THE NORTH COUNTRY OR IN NEW YORK CITY AND MANHATTAN, ALL LABOR

HAS WORTH. AND I THINK THAT'S WHAT THIS BILL BRINGS ABOUT. FAIR LABOR

PRACTICES, GRANTING COLLECTIVE BARGAINING, MAKING SURE THAT WE HAVE ALL

THE BENEFITS THAT EVERYONE HERE SO RIGHTFULLY DESERVES FOR A FAIR DAY'S

LABOR -- FAIR DAY'S LABOR.

SO, AGAIN, I WANT TO COMMEND THE BILL SPONSOR, AND I

HOPE THAT IS NOT JUST A -- A BILL THAT LOOKS TO SOLVE ALL THE ISSUES OR -- OR

-- OR CREATE SOLUTIONS FOR ONE AND ISSUES FOR OTHERS, BUT THAT WE WILL

CONTINUE TO HAVE A -- A-- A FRUITFUL CONVERSATION AS IT RELATES TO THIS

INDUSTRY GOING FORWARD.

SO I PROUDLY VOTE IN THE AFFIRMATIVE AND I URGE MY

COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. MOSLEY IN THE

AFFIRMATIVE.

MR. CAHILL.

MR. CAHILL: THANK YOU, MR. SPEAKER. THE HISTORY

OF THE LABOR MOVEMENT IN THIS COUNTRY IS ABOUT 125 YEARS OLD. AND

WITH EVERY STEP FORWARD, ARGUMENTS HAVE BEEN MADE THAT ADVANCING

BASIC PROTECTIONS WOULD BURDEN THE STATUS QUO. WE HEARD THAT WHEN

CHILD LABOR WAS OUTLAWED. WE HEARD IT WHEN MINIMUM WAGE AND THE

40-HOUR WORK WEEK BECAME THE NORM. WE HEARD IT WHEN FACTORY

WORKERS ASKED TO ORGANIZE. WE HEARD IT WHEN OUR PUBLIC EMPLOYEES

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STOOD UP AND SAID THAT THEY HAVE RIGHTS, TOO. BUT WE MADE THOSE

ADVANCES, AND EACH -- AND IN EACH INSTANCE BECAUSE WE RESPECTED BASIC

HUMAN RIGHTS WHILE ACKNOWLEDGING THE IMPORTANCE OF THE STATUS QUO.

THAT'S WHY WE LET KIDS KEEP WORKING FOR THEIR FAMILIES, BUT WE TOOK

THEM OUT OF DANGEROUS ENVIRONMENTS. THAT'S WHY WE ALLOW TIPS TO

CONTINUE TO BE COUNTED AS WAGES IN THE FOOD SERVICE INDUSTRY. WHEN --

WHEN WE MADE EXCEPTIONS, AS WE DO HERE, FOR OVERTIME RULES AND THE

40-HOUR WORK WEEK, IT WAS THE BALANCE THAT RESPECT WITH THE NEEDS OF

HEALTH CARE, EMERGENCY SERVICES OR SOME OTHER COMPELLING PUBLIC

INTEREST. WE PERMITTED OUR PUBLIC EMPLOYEES TO ORGANIZE, BUT WE TOOK

AWAY THE MOST POTENT TOOL TO WITHHOLD THEIR LABOR IN A DISPUTE,

SOMETHING WE ALSO DO HERE. FOR 125 YEARS OUR EFFORTS HAVE BEEN

WOEFULLY INCOMPLETE. HERE, WE'VE SAID THAT THE INDUSTRY -- THAT THE

INDUSTRY IS IMPORTANT, BUT NOT SO MUCH THE PEOPLE WE COUNT ON TO MAKE

THAT INDUSTRY PRODUCTIVE. TODAY, WE CORRECT THAT LAPSE. INSTEAD OF

SCAPEGOATING THE VERY PEOPLE WHOSE LABOR WE RELY UPON FOR ALL OF THE

STRUCTURAL PROBLEMS THAT STAND IN THE WAY OF SUSTAINABILITY, THAT KEEP

THIS ESSENTIAL PART OF OUR ECONOMY ALIVE AND THRIVING, LET'S STRIKE A

BALANCE. TODAY WE FOLLOW THE TRADITION OF GREAT LABOR LEADERS OF OUR

TIME. WE FOLLOW STATES LIKE CALIFORNIA AND OTHER PLACES WHERE THE

LABOR OF OUR FARM WORKERS IS RESPECTED, IS AS -- IS AS RESPECTED AS THE

INDUSTRY THAT THEY MAKE POSSIBLE.

I WITHDRAW MY REQUEST AND PROUDLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. CAHILL IN THE

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NYS ASSEMBLY JUNE 19, 2019

AFFIRMATIVE.

MR. PERRY.

MR. PERRY: THANK YOU, MR. SPEAKER. I'M SURE THAT

MY COLLEAGUES WHO HAVE OPPOSED THIS BILL FOR SUCH -- IN SUCH A LONG

DEBATE BELIEVE IN THEIR HEARTS THAT THEY'RE HELPING FARMERS AND THAT THEY

DO -- THAT OPPOSITION IS WITH GOOD INTENTIONS. BUT THE CONSEQUENCES OF

THESE GOOD INTENTIONS, MR. SPEAKER, HOE THE HAVOC THAT THIS CURRENT

SITUATION REAPS ON HUMAN RIGHTS AND THE DIGNITY OF THE PEOPLE WHO

SUFFER FROM THE LACK OF THESE LABOR -- LACK -- LACK OF GOOD LABOR

PRACTICES AND THEIR INDUSTRY. THE CONSEQUENCES OF THESE GOOD

INTENTIONS SHOULD NOT BE THE BURDEN OF THESE WORKERS TO BEAR.

THOUSANDS OF HARD-WORKING HUMAN BEINGS WHO SIMPLY BECAUSE OF

THEIR ECONOMIC NEEDS AND ECONOMIC STATUS ARE FORCED TO ACCEPT THESE

APPALLING LABOR CONDITIONS. EVEN THOUGH SLAVERY WAS ABOLISHED, SOME

OF THESE PRACTICES ARE REMNANTS OF THAT ERA. SLAVES DON'T HAVE THE RIGHT

TO COLLECTIVE BARGAINING. NO RIGHTS TO PENSION. NO RIGHTS TO WORKERS'

COMPENSATION. SO MANY HUMAN RIGHTS THAT GIVE HUMAN BEINGS DIGNITY

ARE DENIED THESE WORKERS. SIMILARLY TO WHAT WAS DENIED THOSE WHO

WERE ENSLAVED FOR SO MANY YEARS. AND HOW DARE WE, IN THIS HOUSE, TRY

TO CHANGE THAT. THAT'S WHAT SOME PEOPLE SAY. THAT'S THE QUESTION THEY

PUT TO YOU. HOW DARE YOU TRY TO ENACT GOOD BENEFITS FOR PEOPLE WHO

NEED OUR HELP.

ACTING SPEAKER AUBRY: MR. PERRY.

MR. PERRY: MR. SPEAKER, I'M PROUD TO SUPPORT THIS

LEGISLATION, AND I CONGRATULATE MY COLLEAGUES WHO SPONSORED IT, AND I

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DO PROUDLY VOTE YES AND ENCOURAGE OTHERS TO DO SO. THANK YOU.

ACTING SPEAKER AUBRY: MR. PERRY IN THE

AFFIRMATIVE.

MR. RIVERA.

MR. RIVERA: THANK YOU, MR. SPEAKER. VERY

QUICKLY, ONCE AGAIN, I WANT TO EXPRESS MY GRATITUDE TO THE SPONSOR OF

THIS BILL, AND I ALSO WANT TO SAY THANK YOU TO FELIX ORTIZ, CARMEN

ARROYO AND MARCOS CRESPO BECAUSE THEY MENTIONED A VERY IMPORTANT

PERSON IN OUR LIFE, SENATOR OLGA MENDEZ. SHE PASSED ON A DAY, OR

CLOSE TO IT, JULY 29, 2009. BUT SHE WAS A CHAMPION FOR THIS ISSUE WHEN

SHE WAS IN THE SENATE. I THINK I BELIEVE THAT WE HAVE MEMBERS OF THE

SENATE HERE. I THINK THAT YOUNG LADY THERE - COULD YOU STAND UP -

JESSICA RAMOS FROM THE SENATE.

(APPLAUSE)

ALL RIGHT.

ACTING SPEAKER AUBRY: PLEASE, PLEASE.

MR. RIVERA: VERY QUICKLY. I BELIEVE THAT WE HAVE

TO CONTINUE THIS DEBATE. I BELIEVE WE HAVE TO COME CLOSER TOGETHER. I

BELIEVE THAT BOTH THE OTHER SIDE, THIS SIDE, FELT IT WAS IMPORTANT TO LET

EVERYONE HEAR YOUR -- YOUR POSITION ON THIS ISSUE AND HOW IT'S AFFECTING

THE FARMERS. WE WILL NEVER, EVER SOLVE THE PROBLEM OF THE WORKERS OR

THE FARMERS AS LONG AS SOME DAY WE DEAL WITH CORPORATE AMERICA.

THEY'RE REALLY THE ONES THAT MAKE IT HARDER FOR ALL OF US. AND YES, WALL

STREET. I DON'T WANT TO SOUND LEFTIST, BUT WE HAVE A PROBLEM. I THINK

THAT THE WAY I TRY TO HELP THE FARMERS, I SHARE. WE BROUGHT THE -- THE

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FARMERS TO OUR NEIGHBORHOOD. I WITH ALONG WITH A COMMUNITY

ORGANIZATION BY THE NAME OF THE NORTHWEST COMMUNITY AND CLERGY

COALITION, WE BROUGHT THE FARM --

ACTING SPEAKER AUBRY: MR. RIVERA --

MR. RIVERA: -- THE FARMING BACK TO THE FARMS.

ACTING SPEAKER AUBRY: MR. RIVERA, MR.

RIVERA --

MR. RIVERA: SO THAT'S A WAY OF HELPING.

ACTING SPEAKER AUBRY: MR. RIVERA, HOW DO

YOU VOTE?

MR. RIVERA: MR. SPEAKER, OF COURSE I WILL NOT END

MY STATEMENT WITHOUT ME VOTING YES IN CAPITAL LETTERS. YES --

ACTING SPEAKER AUBRY: MR. RIVERA --

MR. RIVERA: -- WE NEED TO COME TOGETHER AND

LOOK --

ACTING SPEAKER AUBRY: MR. RIVERA --

MR. RIVERA: -- FOR THE STATE AND THE FEDERAL

GOVERNMENT TO --

ACTING SPEAKER AUBRY: MR. RYAN.

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

THE SPONSOR FOR DECADES WORTH OF DOGGED DETERMINATION ON THIS ISSUE.

THE FREEDOM OF ASSOCIATION IS A RIGHT GRANTED TO AMERICANS UNDER THE

UNITED STATES CONSTITUTION, AND IT INCLUDES THE RIGHT TO BAN TOGETHER TO

COLLECTIVELY BARGAIN. IN 1935, CONGRESS FORMALIZED THAT IN THE

NATIONAL LABOR RELATIONS ACT, THE GOAL OF WHICH WAS TO BALANCE THE

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BARGAINING POWERS BETWEEN EMPLOYERS AND EMPLOYEES. BUT JUST BEFORE

THAT BILL GOT TO THE FINISH LINE, WE EXCLUDED ALL AGRICULTURAL WORKERS.

THERE WAS PLENTY OF TESTIMONY THAT DAY SAYING THEY WILL RETURN AND

INCLUDE AGRICULTURAL WORK -- WORKERS, BUT MORE THAN 80 YEARS HAVE

GONE BY AND THEY HAVE YET TO COME BACK TO GIVE AGRICULTURAL WORKERS

THE SAME RIGHTS ENJOYED BY EVERY OTHER WORKER IN AMERICA. BUT WHAT

WE HAVE IS AN AGRICULTURAL SYSTEM THAT'S OUT OF STEP WITH THE REST OF OUR

ECONOMY, AND IT'S CREATED A PERMANENT CLASS OF LOW-WAGE WORKERS. I

HOPE TODAY WE TAKE A STEP TOWARDS REMEDYING THAT. WE'LL FILL THE GAP

LEFT BY THE NLRA WITH SOME OF THE ACTIONS WE'RE TAKING TODAY. WE'RE

FILLING SOME OF THE GAPS, NOT ALL OF THEM, BUT I'M OPTIMISTIC THAT THIS

WILL HELP GROW OUR ENTIRE ECONOMY BY LIFTING UP THE WAGES OF WORKERS.

AND, MR. SPEAKER, I PROUDLY CAST MY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. RYAN IN THE

AFFIRMATIVE.

MR. RAIA.

MR. RAIA: THANK YOU, MR. SPEAKER. LAST WEEK WE

PASSED A -- A BILL RAISING THE MINIMUM WAGE FOR CAR WASH EMPLOYEES. I

PREDICTED THAT THAT WAS GOING TO COST JOBS, NOT INCREASE PAY. A DAY

AFTER WE PASSED THAT BILL, I GOT A LETTER FROM A LOCAL CAR WASH OWNER

SAYING, THANK YOU FOR MAKING MY DECISION TO AUTOMATE REALLY EASY.

HE DIDN'T WANT TO DO IT. HE LIKED THE TEN EMPLOYEES THAT WORK FOR HIM,

BUT THOSE TEN EMPLOYEES WILL NO LONGER HAVE A JOB.

EVERY BILL WE PASS HERE HAS CONSEQUENCES. THESE FINE

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FOLKS THAT JUST WANT A BETTER LIFE, I WORRY FOR THEM BECAUSE BY PASSING

THIS BILL, THOSE FARMS THAT CAN AUTOMATE WILL, AND THERE WILL BE NO

LONGER AN EMPLOYEE THAT DOES THAT JOB THAT A MACHINE NOW JOB -- DOES.

A SMALL FARM CAN'T AUTOMATE. THEY'RE JUST GOING TO CLOSE DOWN AND

THOSE JOBS WILL BE LOST, TOO. SO WE NEED TO DECIDE IF A JOB THAT DOESN'T

PAY AS MUCH AS WE WOULD LIKE IS BETTER THAN NO JOB AT ALL. IT SEEMS BY

THIS BILL WE'VE ALREADY MADE THAT DECISION. ONLY TIME WILL TELL.

HOPEFULLY I WON'T BE IN THE POSITION TO SAY I TOLD YOU SO.

I WILL BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. RAIA IN THE

NEGATIVE.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. MANY, MANY TIMES IN THIS CHAMBER WE TALK ABOUT

MAKING HISTORY. WELL, TODAY AGAIN, WE'RE GOING TO MAKE HISTORY.

WE'VE DEBATED THIS THING FOR FOUR-AND-A-HALF HOURS OR SO, AND IT'S VERY

UNFORTUNATE BECAUSE TODAY, IF THIS BILL PASSES, WE'RE NOT ONLY GOING TO

HURT AG, WE'RE NOT ONLY GOING TO HURT THE FARMERS, WE'RE GOING TO HURT

THESE EMPLOYEES BECAUSE OF THE MANY THINGS THAT WE'VE SAID AROUND THE

TABLE TODAY ON THIS FLOOR. WE DON'T WANT TO HURT THE EMPLOYEES, BUT

WE'RE GOING TO BE FORCED ON THAT DIRECTION OF SAVING MONEY. AND

UNFORTUNATELY, NOBODY'S GOING TO WIN, THE FARMERS OR THE EMPLOYEES.

SO TODAY I WILL DEFINITELY VOTE IN THE NEGATIVE, AND I

WISH WE COULD CHANGE THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

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NYS ASSEMBLY JUNE 19, 2019

THE NEGATIVE.

MR. OTIS.

MR. OTIS: GOOD AFTERNOON. ONE OF THE THINGS THAT

WE DO IN THIS HOUSE AND IN BOTH HOUSES IS AT TIMES, WE FIND CATEGORIES

OF PEOPLE WHO ARE LEFT WITHOUT THE PROTECTIONS OF LAW. LABOR LAW IN

THIS COUNTRY IS RELATIVELY NEW, ONLY ABOUT 130 YEARS COMPARED TO THE

THOUSANDS OF YEARS THAT LAW HAS EXISTED IN CIVILIZATION. BUT IN THIS CASE

WE HAD A GLARING OMISSION; THE FACT THAT FARM WORKERS IN THIS STATE

WERE NOT PROVIDED EVEN THE BASIC PROTECTIONS OF LABOR LAW IN THIS

STATE, AND SO WE'RE CORRECTING THAT TODAY. I THINK THAT WE HAVE HEARD

CONCERNS FROM A NUMBER OF MEMBERS REGARDING WHAT WILL THIS DO TO

FARMING, AND I THINK THERE'S A RESPONSIBILITY ON THE PART OF EVERYONE IN

STATE GOVERNMENT TO STAY ON TOP OF THAT TO MAKE SURE THAT WE TAKE OTHER

STEPS TO SUPPORT THE FARMING AND AGRICULTURAL COMMUNITY AND KEEP

FARMS HEALTHY. BUT WE ALSO HAVE TO MAKE SURE THAT THE ISSUE OF HUMAN

DIGNITY, THE DIGNITY OF PEOPLE THAT WORK ON FARMS IS GIVEN SOME

PROTECTION BY A BILL THAT IS ADMITTEDLY A COMPROMISE BILL, BUT A BILL THAT

IS AN IMPROVEMENT OVER WHAT WE HAVE TODAY.

I VOTE AYE.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE --

NO, OTIS IN THE AFFIRMATIVE.

MR. LAVINE.

MR. LAVINE: ONE OF OUR COLLEAGUES HAS MENTIONED

VERY ELOQUENTLY THE TRAGEDY TO BE EXPERIENCED DURING A -- A FARM

AUCTION. I'M AN OLD MID-WESTERNER. MY FAMILY'S BUSINESS WAS

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AGRICULTURE-BASED. FOR A WHILE MY GRANDFATHER HAD A FARM. AND I HAVE

BEEN TO THOSE AUCTIONS AND SEEN THE PAIN. BUT I WANT TO JUST MENTION A

COUPLE OF QUICK THINGS. NUMBER ONE, AUTOMATION IS SOMETHING WE

HAVE TO BE CONCERNED ABOUT. BUT THE FACT OF THE MATTER IS THAT A

FULLY-AUTOMATED MILKING MECHANISM COSTS AT LEAST A

QUARTER-OF-A-MILLION DOLLARS. THAT MECHANISM CAN ACCOMMODATE ONLY

SEVERAL DOZEN CATTLE PER DAY. SO WE ARE A BIT OF A DISTANCE BETWEEN THE

TIME WHEN FARMERS WHO MIGHT BE UPSET AT THIS BILL ARE ABOUT TO GO AND

SPEND THAT KIND OF CAPITAL ON FULLY-AUTOMATED MILKING MACHINES.

EVERY OTHER MILKING MACHINE -- EVERY OTHER MILKING MECHANISM OTHER

THAN BY HAND, ANYTHING THAT INVOLVES SOME MACHINERY, REQUIRES, STILL, A

WORKER TO NEGOTIATE PERSUADING THE COW TO GO TO THE MACHINE, TO CHECK

THE COW'S UTTER -- AND I'M SORRY, I'M AN OLD COUNTRY BOY. I DON'T WANT TO

MAKE THIS ANY MORE DESCRIPTIVE OR GRAPHIC THAN POSSIBLE -- BUT IT ALSO

INVOLVES PERSUADING THE COW TO UTILIZE ITS UTTER, CLEANING THE TEATS AND

APPLYING AND THEN TAKING APART -- TAKING OFF THE MACHINERY. WORKERS

ARE STILL GOING TO BE NEEDED. AND LET ME FINISH WITH THIS: AND I'M

VOTING FOR THIS BILL. BUT FOR ALL THE DAIRY FARMERS WHO MIGHT BE

LISTENING, I WANT TO REMIND THEM THAT THEIR OPPORTUNITY TO SIGN UP FOR

THE USDA'S DAIRY MARGIN COVERAGE PROGRAM BEGAN TWO DAYS AGO, AND

CONTINUES ONLY UNTIL SEPTEMBER THE 20TH. THAT WAY --

ACTING SPEAKER AUBRY: MR. --

MR. LAVINE: -- THEY CAN GET SOME SUBSIDY --

ACTING SPEAKER AUBRY: MR. --

MR. LAVINE: -- WHICH THEY DON'T WANT TO GET TO

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NYS ASSEMBLY JUNE 19, 2019

BEGIN WITH.

ACTING SPEAKER AUBRY: HOW DO YOU VOTE,

SIR?

MR. LAVINE: I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MR. BARRON.

MR. BARRON: THANK YOU, MR. SPEAKER. I JUST

WANT TO SAY HOW ELOQUENTLY AND PASSIONATELY AND INTELLIGENTLY MY

COLLEAGUES SPOKE ON THIS ISSUE. THIS IS THE FIRST TIME I'M ALL RIGHT WITH

BEING COOL BECAUSE Y'ALL HANDLED THE SITUATION. BECAUSE I WAS

SQUIRMING IN MY SEAT OVER HERE HEARING SOME OF THESE THINGS. BUT Y'ALL

HANDLED IT. AND I JUST WANT TO SAY THAT WE CANNOT CONTINUE TO BELIEVE

IN THIS FALSE, HYPOCRITICAL CONCERN FOR IMMIGRANT WORKERS. IT'S UNREAL.

IT IS NOT HONEST. IT IS EXPLOITATIVE. AT SOME POINT YOU'RE ALL GOING TO

JOIN ME AND GET RID OF THIS PARASITIC, PREDATORY CAPITALIST SYSTEM THAT

EXPLOITS WORKERS FOR THE GREEDY PROFIT OF A FEW.

(APPLAUSE)

ACTING SPEAKER AUBRY: PLEASE, PLEASE.

MR. BARRON: THIS IS INEVITABLY GOING TO HAPPEN.

AND I ROSE TODAY TO SPEAK ON JUNE 19TH. THIS IS JUNETEENTH.

REMEMBER THAT IT IS THE ENSLAVEMENT OF THE AFRICANS AND THE THEFT OF

THE LAND OF THE INDIGENOUS PEOPLE THAT MADE CAPITALISM ALL OF ITS PROFIT.

THAT MADE COTTON KING AND SUGAR AND RICE AT THE EXPLOITATION OF HUMAN

BEINGS. SO, EVERY TIME WE WANT TO DO SOMETHING FOR THE WORKER,

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NYS ASSEMBLY JUNE 19, 2019

THEY'RE GOING TO GET FIRED IF THEY GET A DECENT WAGE. BUSINESSES ARE

GOING TO CLOSE. THEY'VE BEEN SAYING THIS FOR DECADES. THEY'RE STILL

FARMING, THEY'LL STILL HAVE THEIR CAR WASH. ALL OF THESE BUSINESSES THAT

WERE GOING -- STILL GOT THEIR FAST FOODS, AND THEY'RE NOT -- THOSE

INDUSTRIES HAVE NOT BEEN DESTROYED. YOU DID THE RIGHT THING TODAY, MY

COLLEAGUE, IN DOING THIS BILL, AND I KNOW WE'LL DO EVEN BETTER.

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MR. GOODELL.

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

EXPLAIN MY VOTE. FIRST, COMPLIMENTS TO MY COLLEAGUE FOR TAKING SO

MANY QUESTIONS, AND TO MY OTHER COLLEAGUES FOR ASKING SO MANY

THOUGHTFUL QUESTIONS. THE DAIRY INDUSTRY IS UNDER GREAT STRESS, AS WE'VE

HEARD. I HEAR THAT ALL THE TIME. THEY'RE NOT THE ONLY AGRICULTURAL

COMPONENT THAT'S FRAGILE, AND WE'VE SEEN IT IN THE NUMBERS. THE

NUMBER OF ACRES BETWEEN THE LAST TWO AGRICULTURAL CENSUSES HAS

DROPPED BY 317,000 ACRES. THE NUMBER OF FARMS HAS DROPPED BY OVER

2,000. WE'VE LOST OVER 2,000 FARMS BETWEEN THE LAST TWO AGRICULTURAL

CENSUS. THESE FARMS ARE UNDER TREMENDOUS STRESS. AND OF COURSE

THEY'RE REALLY CONCERNED ABOUT THE 60-HOUR WAGE CAP BEFORE IT KICKS

INTO OVERTIME. BECAUSE WHAT WE DO IS WE SAY YOU GET 60 HOURS BEFORE

OVERTIME IS TRIGGERED, BUT ONLY UNTIL THE WAGE BOARD MAKES UP ITS MIND

WHETHER OR NOT THAT NUMBER SHOULD BE REDUCED. AND WE MAKE IT CLEAR

UNDER STATUTE, THE WAGE BOARD CAN'T INCREASE THAT THRESHOLD, THEY CAN

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ONLY REDUCE IT. AND WE MAKE A THREE-PERSON WAGE BOARD, A

THREE-PERSON WAGE BOARD AS A REPRESENTATIVE OF THE FARMERS, A

REPRESENTATIVE FROM THE AFL-CIO, AND THE LABOR DEPARTMENT, WHICH IS

HEADED UP BY A FORMER UNION ORGANIZER. AND SO TO TELL THE FARMERS THAT

WE'RE GOING TO BE FAIR AND EVEN AND UNBIASED IS JUST BALONEY.

NATIONALLY, LESS THAN 1 PERCENT OF FARM WORKERS ARE UNIONIZED. IF LESS

THAN 1 PERCENT OF THE FARM WORKERS ARE UNIONIZED, WHY DO WE PRETEND

THIS IS A FAIR AND EQUAL WAGE BOARD WHEN WE GIVE THAT GROUP ONE-THIRD

OF THE VOTE, INSTEAD OF AG AND MARKETS THAT REPRESENTS ALL THE FARMING

INDUSTRY, BOTH LABOR AND INDIVIDUALS?

BECAUSE THIS IS NOT SET UP ON A FAIR AND BALANCED WAY,

I WILL BE VOTING NO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE [SIC].

MS. FAHY.

MS. FAHY: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO RISE TO EXPLAIN MY VOTE. AND I THINK TODAY WAS A -- A

FASCINATING DEBATE AND CLEARLY A -- A HEARTFELT ONE WITH VERY DIFFICULT

DISCUSSIONS. AND THIS IS VERY CLEARLY A VERY DIFFICULT COMPROMISE. I

RECOGNIZE THIS IS 20 YEARS IN THE MAKING. AND ONCE AGAIN I HAVE TO PUT

A PERSONAL TOUCH ON THIS. BOTH MY PARENTS CAME OFF FARMS. SEVENTY

YEARS AFTER MY FATHER LEFT A FARM HE NEVER RECOVERED FROM LEAVING IT.

AND HIS -- HIS FAVORITE CONVERSATION UNTIL THE DAY HE DIED WAS ABOUT THE

WEATHER. SO I KNOW THAT FARMERS ARE HURTING. I DO KNOW THAT THERE IS

SO MUCH THAT NEEDS TO BE DONE AT THE FEDERAL LEVEL TO ADDRESS SO MANY

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OF THE NEEDS. AND I, TOO, AM WELL AWARE, ESPECIALLY OF DAIRY FARMERS

AND ALL THAT THEY ARE GOING THROUGH. THAT SAID, I DO THINK THAT WE HAVE

STRUCK A COMPROMISE HERE. AND WHILE IT IS NOT AN EASY ONE, IN THE END

I HAVE TO GO WITH TRYING TO BALANCE THE WORK -- THE NEEDS OF FARM

WORKERS AND THE NEED FOR SOME HISTORIC FIXES HERE TO TRY TO LEVEL THE

PLAYING FIELD, IF YOU WILL. AND THAT SAID, I DO BELIEVE THIS IS A FAIR

COMPROMISE THAT I AM GOING TO SUPPORT. AND I WILL LOOK FORWARD TO

WORKING WITH MANY OF MY COLLEAGUES TO MAKE SURE THAT NEXT YEAR WE

ARE ADDRESSING EVEN ADDITIONAL NEEDS IN THE BUDGET BECAUSE I, TOO,

WORRY THAT WE WILL LOSE SOME FARMS OVER THIS. AND WHILE I AM

SUPPORTIVE, I THINK IN THE END WE HAVE TO BALANCE WORKERS AND FARMERS,

AND WE HAVE TO DO MORE TO ADDRESS CLIMATE CHANGE BECAUSE THAT IS THE

ERRATIC WEATHER PATTERNS ARE ONLY MAKING FARM WORKING -- FARM WORKER

-- THE FARMS HARDER TO WORK.

WITH THAT SAID, MR. SPEAKER, I JOIN IN SUPPORT OF THIS

BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

MS. NOLAN TO CLOSE.

MS. NOLAN: THANK YOU, MR. SPEAKER, AND MY

COLLEAGUES. JUST QUICKLY, AS WE WANT TO ACKNOWLEDGE SO MANY

WONDERFUL PEOPLE TODAY BECAUSE THIS IS SUCH AN IMPORTANT BILL. I WANT

TO THANK GOVERNOR ANDREW CUOMO FOR FULFILLING HIS FATHER MARIO

CUOMO'S GREAT LEGACY ON THIS ISSUE, AND THE GOVERNOR'S SUPPORT FOR

WORKERS' RIGHTS. I WANT TO THANK SPEAKER HEASTIE AND HIS WONDERFUL

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NYS ASSEMBLY JUNE 19, 2019

TEAM, INCLUDING LOUANN CICCONE, JEN BEST, AUBRY HYRIT, BOB STERN,

SO MANY OTHER STAFF WHO'VE BEEN INVOLVED WITH THIS FOR SO LONG. GERRY

REILLY, DEBORAH NUSBAUM, BERNIE BRYAN, GLEN CASEY, BRITTANY

STINSON, MY LEGISLATIVE DIRECTOR, BETH COPE, KATHLEEN JAMESON. MY

EARLY STAFF, ANN BAUMAN, IRA GREENBERG. SO MANY PEOPLE HAVE BEEN

INVOLVED IN THIS. OUR MAJORITY LEADER AND OUR WAYS AND MEANS

CHAIRS HAVE BEEN SO PATIENT WITH ME TODAY, BUT THEIR STAFFS, TOO, HAVE

REALLY - ESPECIALLY BRYAN COYNE - HAVE REALLY HELPED THIS HAPPEN. AND

OF COURSE, ASSEMBLYMAN CRESPO, LUPARDO AND BRONSON. I MENTIONED

THEM ALL AND THEIR CONTRIBUTIONS. I WANT TO THANK THE NEW YORK DAILY

NEWS NEWSPAPER, MY FATHER'S FAVORITE PAPER, FOR STANDING WITH WORKERS

ALL THESE YEARS. I WANT TO THANK DENIS HUGHES, PAST PRESIDENT OF THE

AFL, WHO STARTED THE BALL ROLLING IN THAT BIG ARTICLE IN 1999 THAT'S BEEN

REFERENCED. I WANT TO THANK MARIO CILENTO. HE'S DONE GOOD. KNEW

HIM WHEN HE WAS A KID, NOW HE'S RUNNING THE WHOLE AFL. HOW PROUD

WE ARE OF HIS LEADERSHIP. ED DONNELLY, MIKE NEIDEL, WHO DID SUCH AN

INCREDIBLE JOB HELPING TO NEGOTIATE THIS BILL. YOU KNOW, WE'RE SO

PROUD. ALAN RUBIN, RICHIE WINSTON, MY GREAT FRIEND RICHARD WHO HAS

BEEN ON THIS WHO HELPED EDUCATE ME TO GET INVOLVED IN IT. REVEREND

RICHARD WITT, YOU KNOW WHAT YOU'VE DONE AND THE PRAYERS OF SO MANY

HAVE BEEN INVOLVED SO LONG AND YOUR LEADERSHIP IN THE RELIGIOUS

COMMUNITY. KERRY KENNEDY AND THE HUMAN RIGHTS FOUNDATION. ALL

THE PEOPLE WHO CAME OVER AND OVER AGAIN TO ALBANY, EVEN AS LATE AS

THIS WEEK, TO TALK WITH MEMBERS, TO LISTEN TO MEMBERS. MR. CHRISPIN

HERNANDEZ AND THE OTHER WORKERS WHO WERE BRAVE ENOUGH TO FILE THAT

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NYS ASSEMBLY JUNE 19, 2019

COURT SUIT AND THE -- ITS SUCCESS. THE NCLU, LISA ZUCKER AND ALL OF

HER TEAM AT THE NEW YORK CIVIL LIBERTIES UNION. MY DEAR FRIENDS AT

THE HISPANIC FEDERATION, JESSICA AROSCO, WHO EVEN, YOU KNOW,

COMBATING A -- A PREGNANCY AND DOING SO MUCH WORK HAS -- HAS KEPT

SMILING THROUGH IT ALL AND DID SO MUCH LEADERSHIP. JOSE CHAPO AND ALL

THE PEOPLE FROM THE WORKERS CENTERS WHO PUT SO MUCH OF THEIR HEART

AND SOUL INTO IT, WHO TALKED TO US EVERY DAY. I KNOW I'M -- I'M LEAVING

PEOPLE OUT, BUT I WANT TO ACKNOWLEDGE THE SPEAKER AGAIN. I WANT TO

ACKNOWLEDGE ANDREA STEWART-COUSINS, LEADER COUSINS. LET'S FACE IT,

COLLEAGUES. WE HAVE A DIFFERENT SENATE TODAY. THAT'S WHY 20 YEARS OF

WORK HAS FINALLY SEEN JOURNEY HOME. MY WONDERFUL COLLEAGUES AND

SPONSOR IN THE SENATE, SENATOR RAMOS IS HERE.

ACTING SPEAKER AUBRY: MS. NOLAN.

MS. NOLAN: I AM HAPPY TO VOTE IN THE AFFIRMATIVE.

THANK YOU.

(APPLAUSE)

ACTING SPEAKER AUBRY: MS. NOLAN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL HAS PASSED.

(APPLAUSE/CHEERS)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE CAN CONTINUE OUR WORK -- CERTAINLY DO ALWAYS

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APPRECIATE HAVING GUESTS IN THE CHAMBERS [SIC]. IF THEY WOULD HONOR

OUR DECORUM, WE WOULD APPRECIATE THAT AS WELL. SO IF WE CAN GO TO OUR

DEBATE CALENDAR, WE'RE GOING TO START ON RULES REPORT NO. 192 BY MR.

DINOWITZ. IT'S ON PAGE 7. FOLLOWING THAT, MR. SPEAKER, WE'RE GOING TO

GO TO RULES REPORT NO. 577. IT'S ON THE MAIN CALENDAR. IT'S ON PAGE 46

AND IT'S BY MS. BICHOTTE. MS. BICHOTTE ALSO HAS RULES REPORT NO. 578

ON PAGE 47 ON THE MAIN CALENDAR. AND THEN WE'RE GOING TO GO TO

RULES REPORT NO. 537. IT'S ON THE MAIN CALENDAR AS WELL, IT'S ON PAGE

37 BY MR. O'DONNELL. AND THEN WE HAVE TWO RULES REPORTS BY MS.

SIMOTAS, 539 ON PAGE 38 AND 580 ON PAGE 48. AGAIN, BY MS. SIMOTAS.

IN THAT ORDER, MR. SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07752, RULES REPORT

NO. 192, DINOWITZ, GLICK, COLTON, DICKENS, D'URSO, PAULIN, SIMON,

GRIFFIN, JAFFEE, SANTABARBARA, L. ROSENTHAL, PICHARDO. AN ACT TO AMEND

THE PENAL LAW, IN RELATION TO THE TRANSPORT OF PISTOLS OR REVOLVERS BY

LICENSEES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

LADIES AND GENTLEMEN, WE ARE ON DEBATE. WE NEED

FOLKS TO SETTLE DOWN IN THE BACK. MEMBERS, TAKE THEIR SEATS.

REMEMBER, THAT WAS ONLY THE FIRST BILL OF THE DAY. YOU'RE ONLY MAKING

IT LONGER.

MR. DINOWITZ, PLEASE.

MR. DINOWITZ: THE PURPOSE OF THIS BILL IS TO

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CLARIFY WHEN A PISTOL OR REVOLVER MAY BE LEGALLY TRANSPORTED BY A

LICENSED HOLDER, AS WELL AS SET A STATEWIDE STANDARD FOR THE SAFE

TRANSPORTATION OF FIREARMS.

ACTING SPEAKER AUBRY: MR. SCHMITT.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES.

MR. SCHMITT: THANK YOU, MR. DINOWITZ. I JUST

HAVE A FEW SHORT QUESTIONS. EARLIER THIS YEAR, THE CITY OF NEW YORK

TRIED TO MOOT THE NEW YORK STATE RIFLE AND PISTOL ASSOCIATION V. THE

STATE OF NEW YORK COURT CASE IN THE FEDERAL COURT SYSTEM WHICH HAS

REACHED THE SUPREME COURT. AM I CORRECT, THIS IS THE SECOND ATTEMPT TO

DO SO?

MR. DINOWITZ: WHAT WAS THE LAST SENTENCE YOU

SAID? THOSE NICE PEOPLE UP THERE ARE A LITTLE NOISY STILL.

MR. SCHMITT: THAT THIS IS THE SECOND ATTEMPT --

BUT THE FIRST ATTEMPT AT THE STATE LEVEL -- BUT THE SECOND ATTEMPT TO MOOT

THE SUPREME COURT CASE.

MR. DINOWITZ: WELL, I HEARD SOMETHING ABOUT A

SUPREME COURT CASE. THIS IS AN ATTEMPT TO SET A STATEWIDE STANDARD FOR

WHAT I JUST MENTIONED, TO SAFE TRANSPORTS.

MR. SCHMITT: SO THE -- THERE'S BEEN MEDIA REPORTS

AND OTHERWISE WHY THEY DISSEMINATED ABOUT THE ATTEMPTS TO MOOT THE --

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NYS ASSEMBLY JUNE 19, 2019

THE US SUPREME COURT CASE CURRENTLY NYSRPA V. THE CITY OF NEW

YORK. THIS WOULD IMPACT THAT CASE, CORRECT?

MR. DINOWITZ: I -- I SUPPOSE IT COULD. I MEAN,

WHO KNOWS WHAT THOSE FIVE GUYS ARE GOING TO DO. IT -- IT COULD HAVE AN

IMPACT, BUT THAT'S UP TO THEM. BUT WE, SEPARATE AND APART FROM THAT,

SHOULD CERTAINLY BE DOING THIS BECAUSE THIS MAKES SENSE FOR THE STATE OF

NEW YORK.

MR. SCHMITT: THANK YOU, MR. SPEAKER. NO

FURTHER QUESTIONS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. BYRNES.

MS. BYRNES: THANK YOU. WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. BYRNES: JUST A COUPLE OF SHORT QUESTIONS.

WHERE I LIVE, AS A GENERAL RULE, PISTOL PERMITS DON'T HAVE RESTRICTIONS.

YOU JUST HAVE A CARRY PERMIT, CONCEALED CARRY PERMIT, WITHOUT ANY

QUALIFICATIONS ON IT. SO THIS WOULD NOT AFFECT, LET'S SAY, MY ABILITY TO

CARRY A GUN AT ANY TIME IN MY OWN CAR BECAUSE IT IS WITHOUT

QUALIFICATION, CORRECT?

MR. DINOWITZ: YOU -- YOU CARRY A GUN IN YOUR

CAR? NEVER MIND.

MS. BYRNES: I'LL NEVER TELL YOU WHERE I CARRY, BUT

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ANYWAY...

MR. DINOWITZ: THIS AFFECTS WHAT'S CALLED A

PREMISES PERMIT.

MS. BYRNES: SO THE -- FOR THOSE OF US -- WHICH IS

PROBABLY THE VAST MAJORITY, I WOULD GUESS, OF PEOPLE IN THIS STATE --

WHOSE COUNTIES JUST ISSUE CONCEALED CARRY, WE CAN TRANSPORT ANY WAY

WE WANT?

MR. DINOWITZ: IF YOU HAVE A CARRIER PERMIT --

MS. BYRNES: CORRECT.

MR. DINOWITZ: -- I BELIEVE -- YES, I DON'T THINK

THIS WOULD IMPACT THAT.

MS. BYRNES: NOTHING TO DO WITH IT.

MR. DINOWITZ: THIS -- THIS DEALS WITH THE

PREMISES PERMITS.

MS. BYRNES: THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK WILL RECORD THE VOTE. OH, I'M SORRY.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE. I'M IN A HURRY.

(LAUGHTER)

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

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THE CLERK: ASSEMBLY NO. A08414, RULES REPORT

NO. 578, BICHOTTE, TITUS, PEOPLES-STOKES, DICKENS, WRIGHT, BLAKE,

JACOBSON, WEINSTEIN, TAYLOR, SIMOTAS, OTIS, VANEL, RODRIGUEZ,

SEAWRIGHT, REYES. AN ACT TO AMEND THE EXECUTIVE LAW, THE PUBLIC

BUILDINGS LAW, THE STATE FINANCE LAW AND THE PUBLIC AUTHORITIES LAW

IN RELATION TO THE REAUTHORIZATION OF THE MINORITY- AND WOMEN-OWNED

BUSINESS ENTERPRISE PROGRAM AND TO AMEND CHAPTER 261 OF THE LAWS

OF 1988, AMENDING THE STATE FINANCE LAW AND OTHER LAWS RELATING TO

THE NEW YORK STATE INFRASTRUCTURE TRUST FUND, IN RELATION TO THE

EFFECTIVENESS THEREOF; AND PROVIDING FOR THE REPEAL OF CERTAIN

PROVISIONS UPON EXPIRATION THEREOF (PART __).

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I APPRECIATE THE -- THE THRUST OF THIS

BILL, WHICH IS TO EXPEDITE REVIEWS OF MWBE APPLICATIONS AND TO

STREAMLINE THE PROCESS, BOTH OF WHICH I FIND VERY HELPFUL AND I SUPPORT

THAT CONCEPT. I WILL JUST SHARE WITH YOU THAT I AM EXTRAORDINARILY

FRUSTRATED WITH THE MWBE PROCESS IN NEW YORK STATE. I HAVE

RECEIVED MORE PHONE CALLS FROM WOMEN-OWNED BUSINESSES WHO HAVE

BEEN DENIED MWBE STATUS ON WHAT APPEARS TO BE OPENLY-SEXIST VIEW

OF THE MWBE ADMINISTRATORS WHO APPARENTLY CONSIDER THEIR MISSION TO

KEEP ANYONE OUT OF THE PROGRAM UNLESS THEY MEET EXTRAORDINARILY HIGH

STANDARDS. AND SO, I HAVE A MANUFACTURER IN MY COMMUNITY, APPLIES

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FOR AN MWBE. THE WIFE RUNS THE COMPANY. THE HUSBAND IS THE

DIRECTOR OF SALES. SHE'S ON THE PLANT FLOOR. SHE KNOWS WHAT'S GOING

ON. SHE SIGNED ALL THE DOCUMENTS. SHE RUNS THE COMPANY IN EVERY

WAY. BUT BECAUSE HER HUSBAND'S INVOLVED, THERE'S APPARENTLY SOME

UNWRITTEN PRESUMPTION THAT SHE'S NOT RUNNING THE PROGRAM. AND I HAD

ANOTHER ONE CAME IN JUST THE OTHER DAY. IT'S A WIFE AND HUSBAND TEAM.

SHE RUNS THE COMPANY IN EVERY RESPECT. THE BIDS, THE CONTRACTS,

EVERYTHING. HER HUSBAND WORKS FOR HER. YEAH, THAT'S RIGHT. YOU

KNOW, IN THIS MODERN ERA, HER HUSBAND WORKS FOR HER AND SHE PAYS HIM.

PROBABLY NOT ENOUGH FROM HIS VIEW, MAYBE TOO MUCH. I DON'T KNOW.

YOU KNOW, THEY STARTED OUT WITH THIS PRESUMPTION THAT IF IT'S A HUSBAND

AND WIFE TEAM IT CAN'T POSSIBLY BE MWBE, AND THAT IS ABSOLUTELY

BALONEY. AND SO WHAT'S THIS BILL DO? IT SPEEDS UP THE -- THE DENIAL

PROCESS WITHOUT ADDRESSING THE FACT THAT THIS MWBE PROGRAM IS NOT

FAIRLY AND APPROPRIATELY EVALUATING THESE APPLICATIONS.

THERE'S A SECOND THING THAT I HAVE HEARTBURN WITH, AND

THAT IS IT INCREASES THE CREDITS TO AN MWBE SO THEY CAN BE CONSIDERED

THE LOWEST RESPONSIBLE BIDDER EVEN THOUGH THEY'RE 10 PERCENT HIGHER

THAN EVERYBODY ELSE. IF WE'RE FOCUSING ON THE BEST INTERESTS OF THE

TAXPAYERS, WE SHOULD REQUIRE THAT WE GO WITH THE LOWEST RESPONSIBLE

BID. AND SO I HOPE THAT AT SOME POINT THE GOVERNOR INTERVENES AND

INSTRUCTS THOSE WHO ARE DOING MWBE CERTIFICATIONS TO REMOVE THE

PRESUMPTION THAT IF A COMPANY IS OWNED BY A HUSBAND AND WIFE, THE

HUSBAND MUST BE RUNNING IT. THAT IS BALONEY. IT'S AN ERRONEOUS

ASSUMPTION. IT SHOULD BE REJECTED. AND AT THE SAME TIME, I DON'T THINK

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NYS ASSEMBLY JUNE 19, 2019

WE SHOULD SAY, IF YOU ARE ONE OF THOSE FORTUNATE VERY FEW COMPANIES

THAT MAKE IT THROUGH THAT PROCESS, THAT THE WORLD IS YOURS. WE WANT TO

RECOGNIZE MWBES. WE WANT ENCOURAGE THEM, WE WANT TO MENTOR

THEM. WE WANT TO RECOGNIZE THEM, WE WANT TO DEVELOP THEM. BUT AT

THE SAME TIME WE SHOULDN'T SAY, AND YOU CAN QUOTE 10 PERCENT HIGHER

THAN ANYONE ELSE AND STILL GET THE PROJECT.

SO, I'M TORN ON THIS BILL BECAUSE I APPRECIATE THE

EFFORTS TO STREAMLINE IT. I'M COMPELLED TO VOTE NO BECAUSE THOSE EFFORTS

WILL BE UNSUCCESSFUL UNTIL WE HAVE AN MWBE CERTIFICATION PROCESS THAT

RECOGNIZES THAT HUSBAND AND WIFE TEAMS CAN HAVE A COMPANY THAT'S

RUN BY THE WIFE AND IS A LEGITIMATE MWBE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BLAKE.

MR. BLAKE: ON -- ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BLAKE: FIRST, MR. SPEAKER AND -- AND

COLLEAGUES, I -- I WISH TO COMMEND THE SPONSOR WHO HAS TAKEN A

CONSIDERABLE AMOUNT OF TIME TO WORK ON THIS PIECE OF LEGISLATION, AS

WELL AS SO MANY OTHERS SUCH AS MAJORITY LEADER PEOPLES-STOKES AND

SPEAKER HEASTIE AS WELL. COLLEAGUES, I -- I JUST WANT TO MAKE SURE WE

-- WE UNDERSTAND THE IMPACT OF WHAT IS HAPPENING WITHIN THIS BILL AND

-- AND THE TRANSFORMATIONAL OPPORTUNITY THAT DOES EXIST BECAUSE OF IT.

TOO MANY TIMES, MINORITY- AND WOMEN-OWNED BUSINESSES IN NEW

YORK STATE ARE NOT HAVING THE CHANCE TO BE ABLE TO GROW AND EXPAND, IN

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LARGE PART BECAUSE OF A LACK -- LACK OF ACCESS TO CAPITAL, A LACK OF ACCESS

TO CONTRACTING. AND MOREOVER, A LACK OF ACCESS TO THE OPPORTUNITY.

THIS BILL, IN PARTICULAR -- TOO MANY TIMES YOU'RE NOT ABLE TO BECOME AN

MWBE BECAUSE OF NET WORTH, A THRESHOLD THAT HAS BEEN UNFAIRLY PLACED

UPON MINORITY- AND WOMEN-OWNED BUSINESSES FOR YEARS. BUT RAISING IT

TO $15 MILLION AS WELL AS MAKING SURE THAT THE REGULATION, YOU HAVE A

CHANCE TO GO HIGHER BY INDUSTRY IS A TRUE GAME-CHANGER FOR SO MANY

MINORITY- AND WOMEN-OWNED BUSINESSES WHO OTHERWISE WOULD NOT BE

ABLE TO BECOME MWBES IN NEW YORK STATE. WHEN YOU THINK ABOUT

THE OPPORTUNITIES WHEN IT COMES TO WORKFORCE GOALS THAT WERE NOT

BEING PUT IN PLACE, TOO OFTEN WE'RE TALKING ABOUT THE NEED AND DESIRE

FOR DIVERSITY, BUT DIVERSITY IS NOT ABLE TO HAPPEN WITHOUT A PLAN AND

WITHOUT ACCOUNTABILITY ACCORDINGLY. THE OPPORTUNITIES FOR

DISCRETIONARY SPENDING FOR IT TO GO UP TO $500,000 IS ALSO CRITICAL,

BECAUSE TOO OFTEN WE -- WE ARE NOT GIVING THE CONTRACTING OPPORTUNITIES

FOR THESE BLACK AND BROWN BUSINESSES AND WOMEN-OWNED BUSINESSES

THAT HAVE BEEN WAITING FOR YEARS, IF NOT DECADES, THAT OTHERWISE THEY

WOULD NOT HAVE AS WELL. WHEN WE THINK ABOUT THE SUPPORT FOR OUR

TRIBAL NATIONS AND OUR NATIVE AMERICAN SISTERS AND BROTHERS, THIS

OBVIOUSLY WILL EXPAND OPPORTUNITIES FOR THEM AS WELL, BECAUSE NOW

THEY'RE BEING INCLUDED IN THIS PARITY STUDY SO THAT WE CAN MAKE SURE NOT

ONLY ARE THEY INDIVIDUALLY GETTING SUPPORT, BUT ALSO TRIBAL NATIONS ARE

ABLE TO GET SUPPORT TO BE CONSIDERED AS WELL. AND THAT'S SOMETHING THAT

OUR LEADER PEOPLES-STOKES HAS BEEN FIGHTING FOR FOR YEARS. WHEN YOU

THINK ABOUT THE RESPONSIBILITY OF TRANSPARENCY, SO MANY MWBES THAT

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HAVE BEEN WAITING AND GET FRUSTRATED BECAUSE OF WAIVERS THAT HAPPENED

BECAUSE THEY'RE BEING TOLD THAT THEY CAN'T FIND A BLACK BUSINESS, THEY

CAN'T FIND A LATINO BUSINESS, THEY CAN'T FIND AN ASIAN BUSINESS, THEY

CAN'T FIND A WOMEN-OWNED BUSINESS, WHICH TOO OFTEN IS A GAME THAT IS

PLAYED. FINALLY, WE CAN BREAK DOWN THAT BARRIER AND NOT ONLY HAVE

INCREASED TRANSPARENCY, BUT ALSO MAKE SURE THAT THE STATEWIDE

ADVOCATE IS HAVING AN AUDIT, AND THE TRANSPARENCY THAT HAS TO HAPPEN,

OTHERWISE IT WAS NOT OCCURRING IN THAT WAY.

BUT -- BUT LASTLY, THIS IS ABOUT HELPING CREATE JOBS.

PLAIN AND SIMPLE. AND WHEN WE THINK ABOUT WHAT HAPPENS IN TOO

MANY COMMUNITIES OF COLOR, LET'S BE CLEAR ABOUT THE DATA.

OVERWHELMINGLY, IT'S MINORITY- AND WOMEN-OWNED BUSINESSES THAT ARE

HIRING FROM OUR COMMUNITIES AND PROVIDING OPPORTUNITIES FOR OUR

COMMUNITIES. AND SO WHILE THERE'S DEFINITELY MORE PROGRESS THAT NEEDS

TO BE HAD, WE WANT TO MAKE SURE WE CONTINUE TO PUSH FORWARD WHEN IT

COMES TO CERTIFICATION, AND THAT CERTIFICATION MUST HAPPEN FASTER FROM

THOSE THAT ARE PART OF THE AGENCIES, EMPIRE STATE DEVELOPMENT AND

OTHERS, SO THAT PEOPLE ARE NOT WAITING FOR THOSE OPPORTUNITIES. WE HAVE

TO MAKE SURE THERE'S MORE CLARITY WHEN IT COMES TO WHY A WAIVER IS

GRANTED, BUT WE CANNOT IGNORE THE HARD WORK THAT HAS HAPPENED FOR SO

MANY COLLEAGUES AND GROUPS, THE WOMEN BUILDERS COUNCIL AND 100

BLACK MEN, WHERE REVEREND JACQUES DEGRAFF AND ELIZABETH VELEZ AND

SO MANY OTHERS THAT HAVE FOUGHT FOR YEARS TO STEP UP FOR THIS

OPPORTUNITY, AND MANY TIMES WE MAY HAVE BEEN TRYING TO RUSH THROUGH

THIS. BUT I CANNOT UNDERSCORE THE MAGNITUDE OF THIS HAPPENING BECAUSE

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NYS ASSEMBLY JUNE 19, 2019

OF THE BILL THAT IS BEING PRESENTED BY OUR COLLEAGUE ON TODAY.

SO I PROUDLY WILL BE SUPPORTING THIS AND VOTING IN THE

AFFIRMATIVE, AND I WANT US TO UNDERSTAND WE'RE TAKING A MAJOR STEP TO

HELP MINORITY- AND WOMEN-OWNED BUSINESSES ACROSS NEW YORK STATE

CHANGE THE GAME BY GETTING ACCESS TO CAPITAL, CONTRACTING AND

COUNSELING THAT THEY DID NOT HAVE BEFORE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. DICKENS TO EXPLAIN HER VOTE.

(PAUSE)

THE ROLL CALL IS WITHDRAWN.

MS. BICHOTTE ON THE BILL.

MS. BICHOTTE: THANK YOU, MR. SPEAKER. ON THE

BILL. THIS BILL WOULD MAKE CRITICAL CHANGES TO THE MINORITY- AND

WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM. THESE CHANGES ARE

BASED ON THE 2016 DISPARITY STUDY IN ORDER TO MEET THE CONSTITUTIONAL

REQUIREMENTS ESTABLISHED BY THE UNITED STATES SUPREME COURT. THE

STUDY FOUND A STATISTICAL SIGNIFICANT UNDERUTILIZATION OF AVAILABLE

MINORITY AND WOMEN [SIC] BUSINESSES AND PROVIDES SUPPORT FOR THE

CONTINUATION OF THE MWBE PROGRAM. THIS BILL WOULD AUTHORIZE A NEW

INCREASE OF PERSONAL NET WORTH TO BE ESTABLISHED TO ADDITIONAL

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NYS ASSEMBLY JUNE 19, 2019

PARTICIPANTS TO THE PROGRAM AND REQUIRE A NEW DISPARITY STUDY TO BE

UNDERTAKEN AND COMPLETE -- COMPLETED WITHIN THE NEXT FOUR YEARS. THIS

BILL WILL ALSO REQUIRE NEW DISCLOSURES TO BE PUBLISHED REGARDING

WAIVERS WITHIN THE PROGRAM BY CONTRACTING AGENCIES. IT WOULD ALSO

CREATE AND AUTHORIZE A WORKFORCE DIVERSITY PROGRAM TO INCREASE THE

PARTICIPATION OF MINORITIES AND WOMEN IN THE WORKFORCE. IT WOULD

INCREASE THE TIME TO CERTIFY, AS WELL AS EXTEND THE PROVISIONS OF THE

ENTIRE MWBE PROGRAM FOR FIVE YEARS UNTIL DECEMBER 31ST, 2024.

MR. SPEAKER, I WOULD JUST LIKE TO TAKE US A LITTLE BIT

BACK ON WHY WE'RE DOING THIS AND WHAT WAS THE PURPOSE OF THIS WHOLE

PROGRAM. SO FIRST, THE DISPARITY STUDY'S CHIEF PURPOSE IS A TOOL TO

DETERMINE WHETHER ANY RACE- OR GENDER-BASED DISPARITY EXISTS IN LOCAL

GOVERNMENT CONTRACTING. OKAY? AND THIS STUDY HAS BEEN GUIDED BY

THE UNITED STATES SUPREME COURT'S 1989 DECISION IN CITY OF RICHMOND

V. J.A. CROSON. NOW, IN 1983 THE RICHMOND CITY COUNCIL AND THE

STATE OF VIRGINIA ADOPTED THE MINORITY UTILIZATION PLAN, WHICH

REQUIRED GOVERNMENT-SUPPORTED CONTRACTORS TO SET ASIDE 30 PERCENT OF

ITS SUBCONTRACTORS TO ONE OR MORE MINORITY BUSINESS ENTERPRISE. AND

THAT WAS BECAUSE THE CITY WAS OVERWHELMINGLY, OVERWHELMINGLY

MAJORITY MINORITY. BUT THE CONTRACTS AWARDED TO THE MINORITIES WERE

MINIMAL. SO THERE WAS A DISPARITY THERE. THE CITY THEN ADOPTED THE

PLAN AFTER STUDIES SUGGESTED THAT VERY FEW CONTRACTS WERE AWARDED TO

MBES [SIC] DESPITE THE CITY'S LARGE MINORITY POPULATION. NOW, THE

J.A. CROSON COMPANY, WHICH LOST ITS CONTRACT BECAUSE OF THE 30

PERCENT SET ASIDE, BROUGHT A SUIT AGAINST THE CITY. NOW THE QUESTION --

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THE QUESTION IS, DID RICHMOND LAW VIOLATE THE EQUAL PROTECTION CLAUSE

OF THE 14TH AMENDMENT? WELL, THE EQUAL PROTECTION OF LAW [SIC]

USUALLY HAS BEEN THE CIVIL RIGHTS REFERENCE OF COMMUNITIES OF PEOPLE

THAT HAVE BEEN MARGINALIZED, WHETHER A RACE, GENDER, AGE, SEXUAL

ORIENTATION, RELIGION, ETHNICITY AND SO FORTH. BUT, MR. SPEAKER, YOU

HAVE TO UNDERSTAND THAT IT'S VERY FUNNY HOW EVERY TIME THERE WAS A

PUSH TO REFORM OR TO REMEDIATE OR TO REPAIR AND AFFIRM PAST

DISCRIMINATORY PRACTICES THAT HAVE KEPT PEOPLE LIKE MINORITIES AND

WOMEN FROM BEING ON AN EQUAL PLAYING FIELD, THERE'S ALWAYS BEEN A

CHALLENGE. YOU KNOW OF THE LANDMARK CASE REGENTS OF THE UNIVERSITY

OF CALIFORNIA V. BAKKE. OKAY? WHERE BAKKE, WHO'S THE RESPONDENT,

SUED UNIVERSITY OF CALIFORNIA BECAUSE THERE WERE 16 SEATS SET ASIDE FOR

BLACK MEDICAL STUDENTS. AND AS A RESULT, HE ALLEGED THAT HE WAS DENIED

ADMISSION BECAUSE OF THOSE 16 SEATS THAT WERE SET ASIDE, AND THAT

VIOLATED THE EQUAL PROTECTION CLAUSE OF THE 14TH AMENDMENT. AND IT

CONTINUES WITH OTHER CASES LIKE ADARAND V. PE�A, WHERE THE

DEPARTMENT OF TRANSPORTATION WAS SUED BECAUSE A CONTRACTOR WAS NOT

GIVEN A BID -- WAS NOT GIVEN THE LOWEST BIDDER, AND IT WENT TO A

MINORITY CONTRACTOR. IN 1989 A VERY NOTABLE SUPREME COURT CASE,

WHICH WE JUST MENTIONED, WHICH IS THE RICHMOND V. CROSON, RULED THAT

THE CITY COULD NOT ASK ITS CONTRACTORS AND SUBCONTRACTORS TO SET ASIDE A

30 PERCENT OF ITS CONTRACTS WERE MWBE. AND THE ISSUE WAS WHETHER A

STATE MAY BE ENACTING AN AFFIRMATIVE ACTION PLAN WITHOUT THE SUPPORT

OF A RACE-BASED MEASURE EXACERBATES THE EFFECTS OF THE PAST

DISCRIMINATION. IN OTHER WORDS, WE CANNOT -- THE SUPREME COURT RULING

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SAID THAT WE CANNOT SET ASIDE ANYTHING IF IT WAS BASED ON PAST

DISCRIMINATION. WE HAVE TO PROVE THAT THE DISCRIMINATION IS

CONTINUING. SO THE COURT OPINED THAT EVIDENCE OF A PATTERN OF

INDIVIDUAL DISCRIMINATORY ACTS CAN, IF SUPPORTED BY APPROPRIATE

STATISTICAL PROOF, LENDS SUPPORT TO A LOCAL GOVERNMENT DETERMINATION

THAT BROADER REMEDIAL RELIEF IS JUSTIFIED. SO, THIS IS WHERE THE DISPARITY

STUDY CAME. THE DECISION OF THE UNITED STATES SUPREME COURT IN

CROSON CHANGED THE LEGAL LANDSCAPE FOR BUSINESS AFFIRMATIVE ACTION

PROGRAMS. THE UNITED STATES SUPREME COURT CASE AND SUBSEQUENT CASE

LAW ALTERED THE AUTHORITY OF THE STATE AND FEDERAL GOVERNMENTS TO USE

STATE AND FEDERAL FUNDS TO INSTITUTE REMEDIAL RACE AND GENDER-CONSCIOUS

PUBLIC CONTRACTING PROGRAMS DEPENDING ON THE STATISTICAL FINDINGS OF

THE DISPARITY STUDY.

FOUR YEARS AGO I WAS APPOINTED AS THE CHAIR OF THE

SUBCOMMITTEE OF THE OVERSIGHT OF THE MINORITY- AND WOMEN-OWNED

BUSINESS ENTERPRISE. AND THIS WAS IN APRIL OF 2014. SINCE THEN I HAVE

DONE -- I HAVE DONE A LOT. I HAVE WORKED WITH MY COLLEAGUES, I'VE BEEN

AN ADVOCATOR, I'VE BEEN A LEGISLATOR, TO ADDRESS THE INEQUITIES AND THE

DISPARITY OF OUR CITY AND STATE'S ECONOMICS. AND WITH THE SUPPORT OF

THE SPEAKER, MAJORITY LEADERS, MY COLLEAGUES IN BOTH HOUSES, WE'VE

BEEN ABLE TO RAISE THE VISIBILITY OF THE ISSUES THAT AFFECT MINORITY AND

WOMEN SMALL BUSINESS OWNERS, A GROUP, AGAIN, THAT HAS BEEN

CONTINUOUSLY MARGINALIZED, STRIPPED OF ECONOMIC OPPORTUNITIES, FOR

DECADES. AND TOGETHER WE HAVE PUSHED A BUTTON ON ISSUES -- WE

INTRODUCED A NUMBER OF LEGISLATION OF WHICH MANY ARE INCORPORATED IN

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THIS MWB [SIC] OMNIBUS BILL. A STEP IN THE RIGHT DIRECTION THAT CAN

TRANSFORM LIVES, ECONOMIC INCLUSION, ECONOMIC EQUITY, ECONOMIC

DIVERSITY. IT TOOK A LOT OF WORK FOR YEARS TO GET PEOPLE TO BE ON BOARD,

UNDERSTAND THIS ISSUE. UNDERSTAND THAT MONEY IS VERY IMPORTANT TO OUR

COMMUNITIES. UNDERSTAND THAT HOW OUR TAX DOLLARS CAN BE RIGHTFULLY

ALLOCATED BACK TO OUR COMMUNITIES, WHICH, IN TURN, WOULD CREATE JOBS.

SO, MR. SPEAKER, WE STILL HAVE A LOT OF CONVINCING TO

DO. BECAUSE JUST LIKE IN THE LANDMARK CASE OF REGENTS OF UNIVERSITY OF

CHICAGO -- CALIFORNIA V. BAKKE WHERE 16 SEATS WERE ALLOCATED TO -- TO

BLACK MEDICAL STUDENTS, THAT WAS THE FOCAL POINT OF REVERSE

DISCRIMINATION. AGAIN, NEVER MIND ABOUT THE OTHER 84 SEATS WHICH

WERE GIVEN TO WHITE STUDENTS, AND MANY TIMES THROUGH LEGACIES,

ENDOWMENT DONORS, THEY WERE NEVER CHALLENGED. THOSE 84 SEATS WERE

NEVER CHALLENGED, BUT THE 16 SEATS WERE CHALLENGED. AND THAT'S WHAT

WE'RE DEALING WITH TODAY. JUST LIKE THESE ASPIRATIONAL GOALS WERE SET TO

LEVEL THE PLAYING FIELD, WE'LL TALK ABOUT 30 PERCENT. BUT WE STILL HAVE

PEOPLE, WE STILL HAVE COMPANIES WHO ARE CHALLENGING THE 5 PERCENT, THE

10 PERCENT, THE 30 PERCENT, JUST TO GET TO AN EQUAL PLAYING FIELD. IT

DOESN'T MATTER; RACISM, SEXISM IS REAL. IT'S REAL TODAY. AND STILL, MANY

OF US BLACK PEOPLE STILL HAVE BEEN WAITING FOR THEIR 40 ACRES AND A

MULE. AND WHAT HAPPENED TO THAT? WHAT HAPPENED TO OUR 40 ACRES

AND A MULE? WELL, WE WERE TOLD THAT BECAUSE OF THE RECONSTRUCTION

ERA, WE WEREN'T ISSUED LAND. WE WERE SUPPOSED TO FOCUS ON WAGE

REFORM. SO, WHEN WE THINK ABOUT THIS, LET'S THINK ABOUT THE POPULATION.

LET'S THINK ABOUT THE MAJORITY OF THE TAXPAYING RESIDENTS WHO ARE

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MINORITY AND WOMEN IN THE STATE OF NEW YORK, WHO ARE THE MAJORITY

IN THE CITY OF NEW YORK. NEVER MIND THAT THESE BUSINESSES ARE

FEEDING OFF OF THE TAX DOLLARS THAT GRANT THEM MONETARY PROFITS THAT

HAVE BEEN PRODUCED BY THE BLOOD AND SWEAT AND TEARS OF THESE SAME

MINORITIES AND WOMEN. BUT WHEN WE SAY 30 PERCENT ASPIRATIONAL GOAL,

IT'S A PROBLEM. THIRTY PERCENT ASPIRATIONAL GOAL IN A STATE THAT HAS MORE

THAN 50 PERCENT MINORITY AND WOMEN, 30 PERCENT ASPIRATIONAL GOAL IN

THE CITY, THAT HAS MORE THAN 85 PERCENT MINORITY AND WOMEN. THAT'S A

PROBLEM. MOST OF MY DISCUSSION WAS TRYING TO REASON WITH PRIME

CONTRACTORS HAS BEEN AROUND THE CONSTITUTIONALITY, THE 14TH

AMENDMENT. REVERSE RACISM, REVERSE DISCRIMINATION.

MR. SPEAKER, WE HAVE A LONG WAY TO GO. I HOPE THAT

ALL THOSE THAT HAS PARTNERED WITH US, THE PRIME, THE SUB, THE MWBE

STAKEHOLDERS, CAN SEE THAT ALTHOUGH IT'S A FIGHT WE'RE MAKING PROGRESS.

AND THIS BILL CERTAINLY SHOWS AND DISPLAYS THE PROGRESS THAT WE'VE

MADE SINCE THIS PROGRAM HAS BEEN INSTITUTED IN 1988 BY GOVERNOR

CUOMO. AGAIN, LET ME REITERATE: THIS BILL HERE WILL ADDRESS CAPACITY

ISSUES, WORKFORCE ISSUES, TRANSPARENCY AROUND HOW WE GIVE OUT

WAIVERS AND SO FORTH. IT WOULD EXTEND THE PROGRAM FOR FIVE YEARS. IT

WOULD INCREASE THE PERSONAL NET WORTH FROM THREE-AND-A-HALF MILLION TO

$15 MILLION AS THE FLOOR. THAT PERSONAL NET WORTH WAS KEEPING A LOT OF

MWBES OUT OF THE PROGRAM DUE TO CAPACITY. SO, NOW WE ARE GOING TO

INVITE THESE AVAILABLE, WILLING AND ELIGIBLE MINORITY AND WOMEN

BUSINESS ENTERPRISE INTO THE PROGRAM TO TAKE ON BIGGER CONTRACTS. THIS

BILL WILL ALSO INCREASE THE DISCRETIONARY SPEND FROM $200,000 TO

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$500,000. IT WILL PUBLICIZE WAIVERS. IT'S SUPPOSED TO SHORTEN THE

CERTIFICATION PERIOD. AND WE'RE GOING TO KEEP THE GOVERNOR

ACCOUNTABLE, BECAUSE THAT HAS BEEN ONE OF THE SINGLE-MOST IMPORTANT

ISSUE, THE CERTIFICATION PROCESS. IT'S TOO LONG. ON AVERAGE, ON THE STATE

IT WILL TAKE TWO YEARS, TWO YEARS. THAT IS RIDICULOUS. WE ALSO, AGAIN,

ARE PROPOSING THAT THE NEXT DISPARITY STUDY WILL INCORPORATE THE NATIVE

AMERICAN TRIBAL NATION, AGAIN, SOMETHING THAT OUR MAJORITY LEADER

CRYSTAL PEOPLES-STOKES HAS BEEN WORKING ON. AND THE BIGGEST THING,

NOW WE GET TO IMPLEMENT WORKFORCE GOALS, EMPLOYEE GOALS, BECAUSE

EVEN IN OUR WORKFORCE-RELATED ARES, CONSTRUCTION-RELATED AREAS, WE DO

FIND A DISPARITY. AND THE DISPARITY STUDY SHOWED THAT, AGAIN, MINORITIES

AND WOMEN ARE NOT BEING HIRED. THAT'S A PROBLEM.

I WANT TO THANK MR. SPEAKER, CARL HEASTIE. I WANT TO

THANK CHAIR TITUS, MY COLLEAGUES, IN PARTICULAR ASSEMBLYMEMBER

WRIGHT AND ASSEMBLYMEMBER BLAKE WHO NEGOTIATED THIS OVERNIGHT.

BUT I REALLY WANTED TO GIVE A SPECIAL THANKS TO MAJORITY LEADER CRYSTAL

PEOPLES-STOKES. SHE STARTED THIS PROGRAM. SHE WAS THE FIRST CHAIR OF

THE MWBE OVERSIGHT SUBCOMMITTEE, AND SHE TOOK IT A LONG WAY. SHE

HAD HANDED ME THE BATON, AND I WANT TO THANK HER FOR HAVING A VISION

MANY, MANY YEARS AGO. I WOULD LIKE TO THANK THE GOVERNOR AND THE

TEAM FOR COMING TO AN AGREEMENT AFTER BATTLING IT OUT FOR SEVERAL

MONTHS, AND ALL THE HARD WORK THAT WAS PUT ONTO THIS. I WANT TO THANK

MY COLLEAGUE IN THE SENATE HOUSE, SENATOR SANDERS, SENATOR JAMES

SANDERS, JR. FOR BEING SUCH A GREAT MWBE PARTNER IN CRIME. AND I

WANT TO THANK ALL THE ADVOCATES, ALL THE ADVOCATES FOR THEIR INPUT, THE

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MEETINGS, THE WORKSHOPS. YOU KNOW WHO YOU ARE. THANK YOU.

AS WE MOVE FORWARD, IT IS IMPERATIVE TO FORM

ALLIANCES. WE HAVE TO KEEP AT THE FOREFRONT OF OUR MINDS THAT WE ARE

ALL PART OF ONE SINGLE GARMENT, AND THAT AN INJUSTICE TO ONE IS AN

INJUSTICE TO ALL. DESMOND TUTU SAID, A PERSON WITH UBUNTU -- WHICH

MEANS TOGETHERNESS -- IS OPEN AND AVAILABLE TO OTHERS, AFFIRMING OF

OTHERS, DOES NOT FEEL THREATENED THAT OTHERS ARE ABLE AND GOOD, FOR HE

OR SHE HAS A PROPER SELF-ASSURANCE THAT COMES FROM KNOWING THAT HE OR

SHE BELONGS IN A GREATER WHOLE AND IS DIMINISHED WHEN OTHERS ARE

HUMILIATED OR DIMINISHED, WHEN OTHERS ARE TORTURED OR OPPRESSED. LET

US MOVE FORWARD TOGETHER. LET US AFFIRM EACH OTHER. LET US

COLLECTIVELY -- LET US COLLECTIVE SUCCESSES NOT BE AT THE EXPENSE OF

ANOTHER OPPRESSION.

MR. SPEAKER, I URGE EVERYONE TO VOTE IN THE

AFFIRMATIVE IN HONOR OF THE 14TH AMENDMENT, THE EQUAL PROTECTION

CLAUSE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. FRIEND.

MR. FRIEND: THANK YOU, SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. BICHOTTE, WILL

YOU YIELD?

MS. BICHOTTE: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. FRIEND: THANK YOU, MS. BICHOTTE. JUST A

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QUICK QUESTION IN REGARDS TO THE GOVERNOR'S 30 PERCENT REQUIREMENT.

DOES THIS REMOVE THAT REQUIREMENT AND -- AND CHANGE IT IN ANY MANNER

OR...

MS. BICHOTTE: SO, JUST SO YOU KNOW, IT'S NOT A

REQUIREMENT. IT'S AN ASPIRATIONAL GOAL. OKAY? SO --

MR. FRIEND: WHETHER IT'S AN ASPIRATIONAL GOAL OR

NOT, MY CONTRACTORS, MY UNION CONTRACTORS CANNOT GET JOBS AND CAN'T

PARTICIPATE IN CONTRACTING WITHOUT BEING HELD TO THAT 30 PERCENT

REQUIREMENT. IT'S THE GOVERNOR'S RECOMMENDATION AND HE HOLDS IT

STEADFAST.

MS. BICHOTTE: IT'S THE GOVERNOR'S

RECOMMENDATION, IT'S NOT MANDATED. OKAY?

MR. FRIEND: BUT DOES YOUR BILL -- DOES YOUR BILL

REMOVE THAT AND SET SOME SORT OF LIMITATION AS TO WHAT THE CURRENT -- THE

THRESHOLD WITHIN -- LIKE BACK IN ECONOMIC DEVELOPMENT REGIONS OR THE

LABOR REGIONS OF THE STATE?

MS. BICHOTTE: WELL, THE GOAL -- WE REFER TO THE

DISPARITY STUDY FOR THE GOALS. OKAY? SO...

MR. FRIEND: BUT THAT'S A FLAWED 2016 STUDY, AND I

REALIZE THAT YOU HAVE AN UPDATED ONE THAT'S GOING TO BE DUE IN 2023,

BUT THAT'S A VERY LONG TIME OFF FOR A LOT OF MY SMALL BUSINESSES IN MY

DISTRICT TO WAIT FOR THAT NEW DISPARITY STUDY TO BE DONE.

MS. BICHOTTE: JUST SO YOU -- JUST SO YOU KNOW,

THERE IS A WAIVER PROCESS. SO, IF YOUR -- YOUR CONSTITUENTS OR YOUR

CLIENTS CANNOT FIND THE MINORITY AND WOMEN BUSINESS ENTERPRISE

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CONTRACTORS OR CANNOT FIND THE MINORITY OR WOMEN TO HIRE AS

CONSTRUCTION WORKERS, THERE IS A WAIVER PROCESS.

MR. FRIEND: YES, I -- I UNDERSTAND THAT. 2017 TO

'18 THERE WERE 1,052 WAIVERS REQUESTED; 985 WERE IMPLEMENTED. AND

THAT SUGGESTS THERE IS A FLAWED SYSTEM WITH THAT 30 PERCENT

REQUIREMENT. AND IT WOULD BE EXCELLENT -- AND I BROUGHT THIS UP DURING

THE BUDGET PROCESS, WAS ASSURED THAT SOMETHING WOULD BE DONE THIS

SESSION TO CORRECT THAT. SO IN THE INTERIM, WHILE THE NEXT DISPARITY

STUDY WOULD BE IMPLEMENTED, WE COULD HAVE BUSINESS GO ON AND WE

COULD SUPPORT OUR LOCAL MWBES WITHIN OUR REGION.

MS. BICHOTTE: WELL, JUST SO YOU KNOW, THERE'LL BE

NEW GOALS CREATED BASED ON THE DISPARITY STUDY. AND ALSO, WE WILL BE

PUBLICIZING THE WAIVERS, SO IT WOULD GIVE US MORE TRANSPARENCY IN

TERMS OF WHAT BASIS THE WAIVERS WERE GIVEN. AND THEN WHEN WE TAKE

ALL THAT INFORMATION WE CAN CERTAINLY IMPROVE THE PROCESS. BUT ON OUR

SIDE, THE MINORITY AND WOMEN SIDE, THERE HAS BEEN COMPLAINTS THAT TOO

MANY WAIVERS HAVE BEEN GIVEN. ON ONE SIDE, I'M SURE THE CONTRACTORS,

THE PRIME CONTRACTORS, ARE SAYING, HEY, YOU'RE NOT GIVING US ENOUGH.

FOR US, WE FEEL THAT THERE'S TOO MANY OF THESE WAIVERS THAT ARE GIVEN.

SO AGAIN, NOW THAT WE PUT IT IN -- WE'RE GOING TO PUT IT IN STATUTE THAT

THIS PROCESS SHOULD BE MORE TRANSPARENT -- TRANSPARENT, WE'LL BE ABLE TO

COLLECT THE DATA AND MOVE FORWARD IN TERMS OF HOW WE'RE GOING TO

PROGRESS IN OUR PROCESS.

MR. FRIEND: OKAY. AND THAT -- THAT'S A GOOD STEP

TO MOVE FORWARD. HOW ABOUT -- I BELIEVE THEY ALSO INCREASED THE

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THRESHOLD SO, IF A MINORITY- OR WOMAN-OWNED BUSINESS WERE TO GET INTO

THE PROGRAM AND THEY BECOME SUCCESSFUL THAT THEY AREN'T KICKED OUT, SO

THAT THEY'RE ABLE TO STAY IN LONGER. IS THAT CORRECT?

MS. BICHOTTE: YEAH. SO HERE'S THE THING.

INITIALLY FOR -- SINCE 2010 THERE WAS A PERSONAL NET WORTH THRESHOLD OF

$3.5 MILLION. OKAY? AND OBVIOUSLY, THE DISPARITY STUDY HAD SHOWED

THAT THE $3.5 MILLION WAS TOO LOW OF A THRESHOLD. THAT'S WHY WE HAVE

INCREASED THE THRESHOLD TO $15 MILLION, AND THAT IS AT A FLOOR. SO WHEN

WE COMPARE DIFFERENT INDUSTRIES, WHETHER IT'S LIKE THE FINANCIAL SECTOR

OR LET'S SAY CONSTRUCTION, AND IF WE LOOK AT THE AVERAGE PERSONAL NET

WORTH OF A CONTRACT IN THAT FIELD, WE'LL RAISE IT TO THAT. SO THAT WILL --

THAT WILL KEEP THE PERSON IN THE PROGRAM.

MR. FRIEND: OKAY. THAT'S A GOOD MOVE FORWARD.

MS. BICHOTTE: YES.

MR. FRIEND: THANK YOU, MS. BICHOTTE.

ON THE BILL

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. FRIEND: IN 2010, MWBE PARTICIPATION IN THE

STATE'S CONTRACT AND IN PROCUREMENT PROCESS WAS AT 9.2 PERCENT. THE

DISPARITY STUDY COMPLETED IN 2016 BY THE STATE DEPARTMENT OF

ECONOMIC DEVELOPMENT IDENTIFIED NUMEROUS BARRIERS THAT HAVE

IMPAIRED MWBE ACCESS TO STATE CONTRACTS. CURRENTLY, GOVERNOR

CUOMO HAS SET A STATEWIDE GOAL OF 30 PERCENT MWBE UTILIZATION. I

REALIZE THAT'S NOT WRITTEN INTO LAW, BUT THE GOVERNOR CONTROLS THOSE

GRANTS AND CONTRACTS AND AWARDS. IF THAT'S NOT MET, IT'S NOT GOING OUT.

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ACCORDING TO THE 2017-'18 MWBE ANNUAL REPORT, STATEWIDE MWBE

UTILIZATION WAS 28.62 PERCENT WITH $2.6 BILLION IN CONTRACTS GOING TO

CERTIFIED BUSINESSES. DURING THE SAME PERIOD 1,052 MWBE

REQUIREMENT WAIVERS WERE REQUESTED, WITH 985 WAIVERS APPROVED.

WHILE THE GOAL OF INCREASING MWBE PARTICIPATION IS COMMENDABLE

AND WORTHWHILE WHEN IMPLEMENTED PROPERLY, WE FREQUENTLY HEAR

CONCERNS FROM BUSINESSES THAT ARE UNABLE TO BID ON STATE-FUNDED

CONSTRUCTION PROJECTS BECAUSE THEY CANNOT MEET THE STRICT REQUIREMENTS

OF THE MWBE PROGRAM. IN MANY REGIONS OF THE STATE MWBES ARE

SCARCE, AND IT IS VERY DIFFICULT FOR ANY EXISTING BUSINESS OWNER TO BE

AWARDED A CONTRACT WITH THE STATE IF THEY LACK THE 30 PERCENT MWBE

SUBCONTRACTING REQUIREMENT THAT IS MANDATED. THE NUMBER OF CERTIFIED

MWBES VARIES THROUGHOUT THE STATE. HOWEVER, THIS BILL HAS A ONE-

SIZE-FITS-ALL MINDSET WITHOUT TAKING LOCATIONS AND AVAILABILITY OF THESES

MWBES INTO CONSIDERATION. THIS BILL WOULD DRAMATICALLY INCREASE

GRADUATION THRESHOLDS FOR MOVING OUT OF THE PROGRAM AND AUTHORIZE A

DIRECTOR TO SET A MWBE UTILIZATION GOAL BASED ON THE LATEST DISPARITY

STUDY.

I COMMEND THE SPONSOR IN MOVING AHEAD AND

ALLOWING BUSINESSES TO STAY PART OF THE PROGRAM LONGER. THAT'S A GREAT

STEP FORWARD. REDUCING THE TIMELINE FOR THE APPLICATIONS TO BE

REVIEWED AND ACCEPTED, THAT'S ANOTHER GREAT PROCESS TO GET MORE PEOPLE

INVOLVED IN THE PROGRAM. I'VE HEARD THAT A NUMBER OF TIMES IN MY

DISTRICT THAT PAPERWORK'S NOT BEING PROCESSED, THEY'RE NOT ABLE TO GET IN.

I -- I APPLAUD THE SPONSOR ON THAT. BUT THE ONE THING THAT EVERYBODY IN

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MY DISTRICT OVERWHELMINGLY HAS AN ISSUE WITH IS THE 30 PERCENT

UTILIZATION RATE. WHETHER IT'S A PRIVATE BUSINESS, A PUBLIC BUSINESS. IT'S

THE UNIONS, THE NONUNIONS. EVERYBODY'S BEEN COMING TO ME, AND THAT'S

ALWAYS BEEN SOME -- NO MATTER WHAT, THERE'S BEEN SOME WORK AROUND TO

TRY TO FIND SOME WAY TO COME -- AND HAVE AN MWBE COME IN AND

MAYBE BE PUSHING PAPERWORK AND NOT ACTUALLY GAINING THE SKILLS TO BE

ABLE TO DEVELOP THEIR BUSINESS IN THE LONG RUN. AND FOR THAT REASON I'M

NOT GOING TO BE ABLE TO SUPPORT THIS, BECAUSE THAT IS THE UNDERLYING

GOAL. IT WOULD HAVE BEEN GREAT TO HAVE SEEN SOMETHING IN THIS BILL THAT

WOULD HAVE SAID WE'RE GOING TO FOLLOW THE REGIONAL ECONOMIC

DEVELOPMENT PLANS. WE HAVE TEN OF THEM IN THE STATE. WHATEVER YOUR

MWBE PARTICIPATION IS FOR THE YEAR, WE ARE GOING TO GO AHEAD WITH

THAT AND LET THAT BE YOUR PARTICIPATION GOAL. AND LET THE GOVERNOR

KNOW THAT WE'RE NOT STICKING BY THAT 30 PERCENT FOR A ONE-SIZE-FITS-ALL.

SO AGAIN, I THANK THE SPONSOR IN MAKING SOME BIG

STRIDES FORWARD, BUT WE STILL HAVE WORK TO BE DONE. AND THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: I WAS GOING TO GO ASK SOME QUESTIONS,

BUT ACTUALLY THE LAST SPEAKER AND IN YOUR COLLOQUY REALLY ANSWERED A LOT

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OF THE QUESTIONS THAT I WAS GOING TO RAISE AS WELL. I DO COMMEND THE

SPONSOR FOR CONTINUING HER WORK ON IMPROVING THE MWBE PROGRAM.

THERE IS A LOT OF FRUSTRATION REMAINING ABOUT THIS PROGRAM. I'D LIKE TO

JUST GIVE ONE EXAMPLE. IN MY DISTRICT THERE IS A WOMAN WHOSE, I THINK,

FATHER AND ONE OR TWO BROTHERS STARTED A BUSINESS, AND SHE TOOK THE

BUSINESS OVER WITH HER BROTHER BACK ABOUT FIVE YEARS AGO OR SO. HER

BROTHER WAS MORE OF A SILENT PARTNER, KIND OF WORKING OUT IN THE FIELD.

YOU KNOW, IN THE BUSINESS SHE WAS A 51 PERCENT OWNER SO SHE APPLIED

FOR MWBE. IT WOULD MAKE A HUGE DIFFERENCE WITH HER BUSINESS AND

THE SIZE OF THEIR BUSINESS TO REMAIN COMPETITIVE IN THIS PARTICULAR

INDUSTRY, WHICH IS A VERY MALE-DOMINATED INDUSTRY. SHE HAD -- HER

APPLICATION TOOK OVER TWO YEARS, AND SHE WAS ULTIMATELY DENIED. AND

THE -- I SEE IN -- IN THIS BILL THAT ONE OF THE GOALS OF THIS BILL IS TO REDUCE

MWBE CERTIFICATION TIMELINE FROM 60 DAYS TO 45 DAYS ONCE A

COMPLETED APPLICATION IS SUBMITTED. I THINK ONE OF THE BIG PROBLEMS IS

THAT IT WAS LIKE A DEATH BY A THOUSAND CUTS. THE -- THE APPLICATION WAS

NEVER QUITE COMPLETED. THEY KEPT COMING BACK AND BACK, AND THEN

ANOTHER DELAY AND THEN COME BACK FOR MORE PAPERWORK AND BACK FOR

MORE PAPERWORK. AND IT -- SHE REALLY WAS TRYING TO, OF COURSE, RUN THE

BUSINESS, BUT AT THE SAME TIME SHE REALLY WOULD HAVE BENEFITTED FROM

THIS CERTIFICATION. SO SHE, IN GOOD FAITH, REALLY TRIED TO GO THROUGH THE

PROCESS. BUT, YOU KNOW, IT -- IT BECAME -- IT BECAME VERY DIS --

DISCOURAGING FOR HER BECAUSE THE LAST NAME OF -- THE NAME OF THE

COMPANY WAS "BROTHERS" AND SHE FELT LIKE THE PEOPLE EVALUATING THIS

NEVER REALLY CONSIDERED -- CONSIDERED HER SERIOUSLY BECAUSE IT SAID

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"BROTHERS." AND I THINK THAT AS ASSEMBLYMAN GOODELL SAID EARLIER,

UNFORTUNATELY, SOMETIMES THERE IS A -- AN ASSUMPTION THAT IF -- IF YOU'RE

IN A MALE-DOMINATED BUSINESS AND YOU HAVE A PARTNER WHO HAPPENS TO

BE MALE THAT YOU -- AS A WOMAN YOU COULDN'T POSSIBLY BE THE ONE DOING

THE WORK.

SO I DO THINK IT'S IMPORTANT TO ENCOURAGE MWBE

PARTICIPATION. AND I DO THINK THAT THAT 30 PERCENT I'VE BEEN HEARING

FROM MANY BUSINESSES IS A HUGE, HUGE PROBLEM. THERE JUST ARE -- IN

CERTAIN REGIONS OF OUR STATE THERE JUST AREN'T A POOL OF MWBE

BUSINESSES TO DRAW FROM, AND IT'S KIND OF A RIDICULOUS AND UNTENABLE

SITUATION FOR A BUSINESS TO FEEL THAT THEY SHOULD GO OUT OF STATE TO BRING

IN AN MWBE IN ORDER TO -- IN ORDER TO BE ABLE TO BID ON A STATE

CONTRACT. THAT JUST SEEMS LIKE A RIDICULOUS SITUATION.

SO I -- I APPLAUD YOUR EFFORTS TO TRY TO MAKE THIS

BETTER. I -- I -- I HONESTLY DON'T KNOW -- I DON'T BELIEVE I'M SUPPORTING

THIS BILL, BUT I'M GOING TO TAKE A CLOSER LOOK AT IT. IT WAS ONLY

INTRODUCED THREE DAYS AGO, SO I HAVEN'T BEEN ABLE TO REALLY STUDY IT AS

WELL AS I WOULD LIKE. BUT I DO APPRECIATE YOUR EFFORTS,

ASSEMBLYWOMAN, AND LET'S KEEP WORKING ON THIS. I DON'T KNOW IF THIS

BILL IS THE ANSWER.

THANK YOU.

(PAUSE)

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

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ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. BICHOTTE TO EXPLAIN HER VOTE.

MS. BICHOTTE: I JUST WANT TO SAY AGAIN, THIS -- THIS

IS A GREAT VICTORY FOR NEW YORK STATE AND I DO ENCOURAGE MY

COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THOSE WHO HAVE CONSTITUENTS

WHO CARE ABOUT THIS BILL, PLEASE DON'T VOTE AGAINST IT BECAUSE YOU WILL

BE VOTING TO DISMANTLE THE PROGRAM. SO BE CAREFUL IN YOUR VOTE. EVEN

THOUGH YOU MAY HAVE SOME ISSUES WITH IT, IT'S A WORK IN PROGRESS.

AGAIN, I WANT TO THANK THE SPEAKER, MY COLLEAGUES AND EVERYONE FOR

SUPPORTING MWBE AND ECONOMIC DIVERSITY AND ECONOMIC INCLUSION.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

MR. -- MS. DICKENS FOR -- TO EXPLAIN HER VOTE.

MS. DICKENS: THANK YOU, MR. SPEAKER, FOR GIVING

ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO CONGRATULATE MY

COLLEAGUE FOR WORKING SO HARD AND DILIGENTLY TO FINALLY BRING THIS BILL TO

THE FLOOR. I WANT TO THANK ALL MY COLLEAGUES WHO HAVE WORKED ON IT. I

AM AN MWBE. AND THESE ARE CHANGES THAT WERE NECESSARY IN ORDER FOR

MWBES TO BE ABLE TO SUCCEED IN NEW YORK STATE. FIRST, THE

EXTENSION, THE FIVE-YEAR EXTENSION IS -- IS, INDEED, A -- A -- A SUCCESS.

CERTIFICATIONS MUST MOVE QUICKER, THE PROCESS. MWBES HAVE OFTEN

BEEN DENIED -- OR I SHOULD SAY CONTRACTS BECAUSE IN SOME INSTANCES,

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SOME BUSINESSES FRONTED WOMEN AS OWNERS WHEN IN TRUTH THEY WERE

BUSINESSES WHOLLY OWNED BY NON-MINORITY WOMEN. NOW, TRUE REAL

OWNED -- WOMEN-OWNED BUSINESSES WILL BEGIN TO GET OUR SHARE.

INCREASING DISCRETIONARY THRESHOLD IS A BIG WIN AS INCREASING AGENCIES'

AUTHORITY TO AWARD A CONTRACT UP TO A HALF-A-MILLION DOLLARS WITHOUT THE

BIDDING PROCESS. THE PERSONAL NET WORTH INCREASE TO $15 MILLION WILL

ALLOW BUSINESSES TO BID AS PERSONAL NET WORTH IN -- HAS BEEN INCLUDING

NOT JUST CASH, BUT OTHER ASSETS THAT WERE NOT CASH ON HAND BUT PREVENTED

THE SMALL BUSINESSES FROM BEING ABLE TO BID. EXPANDING THE AUTHORITY

OF STATE ADVOCATE TO AUDIT AGENCIES AND INVESTIGATE COMPLAINTS OF

MWBES OF VIOLATIONS OF ARTICLE 15 AND 15-A. THIS IS MOST IMPORTANT

BECAUSE ALTHOUGH THIS IS A SOFT MOLAR TEETH, IT IS INDEED THE FIRST TIME

THAT FRONT TEETH HAS BEEN INCLUDED TO GIVE OUR LEGISLATION THE AUTHORITY

TO FIND AND -- AND ACT ON VIOLATIONS. SO --

ACTING SPEAKER AUBRY: MS. --

MS. DICKENS: SO I THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO DO THIS, AS THIS IS A WIN-WIN FOR ALL.

ACTING SPEAKER AUBRY: MS. DICKENS IN THE

AFFIRMATIVE.

MR. RODRIGUEZ.

MR. RODRIGUEZ: THANK YOU, MR. SPEAKER, FOR

GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I'D LIKE TO THANK THE

SPONSOR AND, OF COURSE, MAJORITY LEADER FOR THEIR WORK ON THIS

MOVEMENT FOR MWBES FOR SO LONG. AS SOMEONE WHO HAS -- WAS

GIVEN THEIR FIRST OPPORTUNITY OUT OF BUSINESS SCHOOL TO WORK FOR A

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NYS ASSEMBLY JUNE 19, 2019

MINORITY-OWNED FIRM, YOU RECOGNIZE THAT THAT OPPORTUNITY WOULD NOT

HAVE EXISTED IF THERE WASN'T, ONE, A REQUIREMENT FOR PARTICIPATION, BE IT

AN ASPIRATIONAL GOAL OR A REAL REQUIREMENT. THAT WITHOUT CERTIFICATION

PROCESS THAT -- THAT WASN'T OVERLY ONEROUS AND -- AND ALLOWED FOR SOME

TIMELY PARTICIPATION. AND ALSO SUPPORTING THOSE BUSINESSES THROUGH THE

AVAILABILITY OF CAPITAL, AND THEN NOT EXCLUDING THEM WHEN THEY FINALLY

WERE ABLE TO ACHIEVE THEIR SEAT AT THE TABLE, HIRE PEOPLE FROM THEIR

COMMUNITY AND CONTRIBUTE IN MEANINGFUL WAYS TOWARDS OPPORTUNITIES,

BOTH LOCAL AND THROUGHOUT THE STATE. THAT THE PROGRAM'S VALUE IS -- IS

CERTAINLY WITH MERIT AND WARRANTS US CONTINUING TO ADVANCE IT. SINCE

THAT TIME WE HAVE SEEN ISSUES AROUND MWBE FRAUD, AND I THANK THE

SPONSOR FOR INCORPORATING PARTS OF MY LEGISLATION INTO THE OMNIBUS, AND

I THANK THE OTHER MEMBERS WHO HAVE CONTRIBUTED TO REALLY MAKE THIS

BILL THAT WE ARE ALL SO PROUD OF INTO THE -- THE OMNIBUS AND THE

ADVANCEMENT OF THE MWBE PROGRAM. AND WE EXPECT THAT WE WILL

CONTINUE TO FIND THINGS TO ADJUST AND TO FIX, AS WE DID WITH PERSONAL NET

WORTH. BECAUSE WE KNOW THAT OUR DIVERSITY IS OUR STRENGTH. OUR

ABILITY TO BE IN INCLUSIVE OF A VARIETY OF DIFFERENT PEOPLE INTO DIFFERENT

INDUSTRIES WILL MAKE NEW YORK STRONGER, AND THAT'S WHY THIS PROGRAM

AND ITS SUCCESS CONTINUES TO BE A CORNERSTONE OF WHAT I BELIEVE THE

NEW YORK CITY AND NEW YORK STATE ECONOMY.

SO I AM PROUD TO VOTE IN THE AFFIRMATIVE AND

ENCOURAGE MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. RODRIGUEZ IN THE

AFFIRMATIVE.

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NYS ASSEMBLY JUNE 19, 2019

MS. WRIGHT.

MS. WRIGHT: THANK YOU, MR. SPEAKER. I WOULD

LIKE TO COMMEND THE SPONSOR ON BRINGING THIS LEGISLATION TO THE FLOOR

AND TO THANK ALL OF MY COLLEAGUES FOR THE WORK THAT THEY HAVE DONE ON

THIS LEGISLATION. THIS LEGISLATION IS EXPANDING THE OPPORTUNITY FOR

PARTICIPATION. WITH THE INCREASE OF THE CAPITAL NET WORTH, INCREASING IN

DISCRETIONARY SPEND, EXPANDING TECHNICAL SUPPORTS, WE CAN EXPECT

MORE OF OUR BUSINESSES TO GROW FROM MICRO TO SMALL TO MID-SIZE FIRMS

UNDER THIS PROGRAM. WE ARE TAKING DELIBERATE STEPS TO DEVELOP OUR

MWBE BUSINESSES AND PROVIDE ACCESS TO CONTRACTS. VERY OFTEN WE

SPEAK OF SUPPORT, BUT THIS LEGISLATION ACTUALLY LAYS OUT A SYSTEMATIC

METHOD FOR HOW NEW YORK STATE WILL AND SHOULD DEDICATE TECHNICAL

AND FINANCIAL RESOURCES INTO GROWING LOCAL BUSINESSES, AND DIVERSIFYING

THE TALENT POOL WITH WHOM NEW YORK STATE DOES BUSINESS.

THIS MWBE PROGRAM IS NOT PERFECT. WE ALL

ACKNOWLEDGE SHORTCOMINGS IN THE ADMINISTRATION OF THE PROJECT. AS

APTLY IDENTIFIED BY OUR COLLEAGUES, THERE IS A BOTTLENECK PROBLEM WITH

CERTIFICATION. BUT THIS PROBLEM NOR ANY OF THE OTHERS WILL ALLOW -- WILL

CAUSE US TO CEASE FROM STRIVING FOR BETTER OUTCOMES, BETTER BUSINESS

DEVELOPMENT, BETTER SUPPORTS AND BETTER DIVERSITY IN THE DISBURSEMENT

OF NEW YORK STATE CONTRACTS. THIS PROGRAM HAS TREMENDOUS

POSSIBILITY TO HELP MINORITY AND WOMEN BUSINESS ENTERPRISES TO

PARTICIPATE FULLY IN OUR STATE'S ECONOMY. AND FOR THESE REASONS, I

CHALLENGE US TO MAKE THE NECESSARY INVESTMENTS NECESSARY SO THAT WE

CAN OPERATE SUCCESSFULLY, SO WE CAN GROW OUR ECONOMY AND EVERY NEW

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NYS ASSEMBLY JUNE 19, 2019

YORKER HAS AN OPPORTUNITY TO PARTICIPATE IN THE ECONOMY OF NEW YORK

STATE.

FOR THESE REASONS, I VOTE IN THE AFFIRMATIVE. THANK

YOU.

ACTING SPEAKER AUBRY: MS. WRIGHT IN THE

AFFIRMATIVE.

MS. WOERNER.

MS. WOERNER: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. I WOULD LIKE TO THANK AND CONGRATULATE THE SPONSOR OF

THIS LEGISLATION. I WAS SO THRILLED WHEN SHE AGREED TO COME AND MEET

WITH 20 OF THE WOMEN CEOS IN MY DISTRICT WHO TRIED TO BECOME

CERTIFIED AND WHO WERE DENIED CERTIFICATION, AND WHO HAD REAL HORROR

STORIES TO TALK ABOUT IN THE PROCESS. AND BASED ON THE INFORMATION THAT

THEY PROVIDED TO HER AND THE STORIES THEY SHARED WITH HER, I KNOW MANY

OF THE ASPECTS OF THEIR CONCERNS WERE ADDRESSED IN THIS LEGISLATION.

AND FOR THAT REASON, I WILL BE VOTING IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08407, RULES REPORT

NO. 577, BICHOTTE, JACOBSON, TAYLOR, BLAKE, VANEL, SIMOTAS, WRIGHT,

DICKENS, RODRIGUEZ, SEAWRIGHT. AN ACT TO AMEND THE NEW YORK CITY

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NYS ASSEMBLY JUNE 19, 2019

CHARTER, THE EDUCATION LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION

TO OPPORTUNITIES FOR SMALL BUSINESSES AND BUSINESSES OWNED BY WOMEN

AND MINORITIES.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL AMENDS THE NEW YORK

CITY CHARTER TO INCREASE THE DISCRETIONARY PURCHASING THRESHOLD FOR

GOODS AND SERVICES FOR MWBE FROM $150,000 TO A HALF-A-MILLION

DOLLARS. THE COMPETITIVE BIDDING PROVISIONS WERE ALL DESIGNED TO

MAKE SURE THAT A MUNICIPALITY GOT THE BEST PRICE AND THE BEST QUALITY. IT

TAKES THE STANDARD OF LOWEST COMPETITIVE BID FROM A QUALIFIED BIDDER,

AND STATES (INAUDIBLE) THE BIDDER WHO SHOULD RECEIVE THE BID. AND

THOSE COMPETITIVE BIDDING PROVISIONS ARE ALL DESIGNED TO PREVENT

FAVORITISM, FRAUD, CORRUPTION, AS WELL AS MINIMIZING THE COST TO THE

TAXPAYERS AND MAXIMIZING THE QUALITY. SO WE SHOULD BE VERY CAREFUL

WHEN WE CHANGE THE COMPETITIVE BIDDING PROVISIONS. AND MY CONCERN

AT THIS POINT IN TIME IS THAT IT'S MY UNDERSTANDING THERE'S ABOUT 8- OR

900,000 BUSINESSES IN NEW YORK CITY THAT ARE RUN BY WOMEN OR

MINORITIES, BUT LESS THAN 4,000 THAT ARE ACTUALLY CERTIFIED. NOW THINK

ABOUT THAT. FOUR THOUSAND THAT ARE CERTIFIED IN THE CITY OF NEW YORK.

AND SO WHEN WE SAY TO THE CITY OF NEW YORK, YOU CAN WAIVE ALL THE

COMPETITIVE BIDDING FOR EVERY CONTRACT UP TO HALF-A-MILLION DOLLARS, BUT

ONLY IF YOU CONTRACT WITH THIS VERY, VERY SMALL GROUP OF SELECT CERTIFIED

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NYS ASSEMBLY JUNE 19, 2019

MWBES AND EXCLUDE ALL THE OTHER 900,000 COMPANIES THAT ARE OWNED

AND OPERATED BY WOMEN OR MINORITIES, THAT'S OKAY, THE BIGGEST LOSERS

ON THIS ARE ALL THE HUNDREDS OF THOUSANDS OF MWBE-OPERATED

COMPANIES IN THE CITY OF NEW YORK THAT HAVE NOT BEEN ABLE TO MAKE IT

THROUGH THE HORRIFICALLY CHALLENGING CERTIFICATION PROCESS.

SO BECAUSE I SUPPORT ALL 900 [SIC] OF THOSE MWBES

AND WANT ALL OF THEM TO HAVE AN OPPORTUNITY TO BID, I WILL BE VOTING

AGAINST THIS BILL AND RECOMMEND TO MY COLLEAGUES THAT THEY DO THE

SAME.

ACTING SPEAKER BRAUNSTEIN: ON A MOTION

BY MS. BICHOTTE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ -- READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER BRAUNSTEIN: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. BICHOTTE TO EXPLAIN HER VOTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. THIS BILL WOULD AUTHORIZE THE

CHANGES TO BE MADE TO THE NEW YORK CITY MINORITY AND WOMEN

BUSINESS-OWNED ENTERPRISE PROGRAM AND TO ESTABLISH AN MWBE

MENTORING PROGRAM IN THE NEW YORK CITY DEPARTMENT OF DESIGN AND

CONSTRUCTION. IT WOULD ALSO INCREASE THE DISCRETIONARY SPEND FROM

$150- TO $500,000. THIS WOULD ALSO INCLUDE DEPARTMENT OF EDUCATION

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NYS ASSEMBLY JUNE 19, 2019

AS WELL AS THE SCHOOL CONSTRUCTION AUTHORITY. CURRENTLY THE

DISCRETIONARY THRESHOLD FOR THE CITY AGENCIES IS $35,000 FOR

CONSTRUCTION AND $20,000 FOR -- TO GOODS; STANDARD AND PROFESSIONAL

SERVICES AS PER GENERAL MUNICIPAL LAW, AND -- FOR NON-MWBES -- AND

$150,000 FOR MWBES. THE CITY HAS CALLED ON THE STATE TO INCREASE THE

DISCRETIONARY SPEND TO $500,000 FOR GOODS AND SERVICES. MR. SPEAKER,

JUST SO YOU, KNOW THE INCREASE THAT HAD WE DID A COUPLE OF YEARS AGO

FROM $20K TO $150- HAVE AWARDED MWBES MORE THAN 840 CONTRACTS

TOTALING OVER $61.3 MILLION. THIS IS A GREAT STRIDE, AND WE ARE VERY

EXCITED WHAT MORE THIS PROGRAM WILL DO WHEN WE INCREASE IT TO $500 --

$500,000.

I WANT TO THANK MAYOR BILL DE BLASIO AND HIS TEAM FOR

MAKING MWBE AND ECONOMIC INCLUSION DIVERSITY A PRIORITY IN THE CITY

OF NEW YORK. THANK YOU, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER BRAUNSTEIN: MS. BICHOTTE

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY -- ASSEMBLY NO. A08375,

RULES REPORT NO. 537, O'DONNELL, ENGLEBRIGHT, WOERNER, CRUZ,

CARROLL, BRONSON, LUPARDO, REYES, DINOWITZ, BUCHWALD. AN ACT TO

AMEND THE PENAL LAW, IN RELATION TO AFFIRMATIVE DEFENSES TO CERTAIN

HOMICIDE OFFENSES.

ACTING SPEAKER BRAUNSTEIN: ON A MOTION

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NYS ASSEMBLY JUNE 19, 2019

BY MR. O'DONNELL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL

IS ADVANCED.

AN EXPLANATION HAS BEEN REQUESTED.

MR. O'DONNELL: THANK YOU VERY MUCH. THIS BILL

AMENDS THE PENAL LAW IN RELATION TO THE AFFIRMATIVE DEFENSE OF EXTREME

EMOTIONAL DISTURBANCE, WHICH IS ONLY APPLICABLE TO THE CRIME OF

MURDER, AND IT REMOVES FROM CONSIDERATION THE PREMISE THAT THE

DEFENDANT'S CONDUCT RESULTED FROM THE DISCOVERY OF THE VICTIM'S SEXUAL

ORIENTATION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, OR SEX

ASSIGNED AT BIRTH.

ACTING SPEAKER BRAUNSTEIN: MR. PALUMBO.

MR. PALUMBO: THANK YOU, MR. SPEAKER.

ON THE BILL, PLEASE.

ACTING SPEAKER BRAUNSTEIN: ON THE BILL.

MR. PALUMBO: THANK YOU. NOW, WITH REGARD TO

-- TO THIS BILL, WHAT THIS ULTIMATELY DOES, AS SO APPROPRIATELY DESCRIBED

BY THE SPONSOR, IS IT REMOVES A DEFENSE AVAILABLE FOR SOMEONE BASED

UPON THOSE FEW CATEGORIES. AND NOW, IN THIS BODY WE HAVE INCLUDED

AS A HATE CRIME, OF COURSE, WHEN SOMEONE IS MOTIVATED IN ADDITION TO

WHETHER THEIR -- WHETHER THEIR BELIEF IS ACCURATE OR NOT, CERTAIN TYPES OF

-- OF ADDITIONAL AGGRAVATING FACTORS THAT WOULD CREATE -- MAKE

SOMETHING A HATE CRIME. FOR EXAMPLE, WE HAVE IT IN 485.05 OF THE

PENAL LAW THAT WHEN THEY COMMIT SOME OF THE SPECIFIED CRIMES -

MURDER BEING ONE OF THEM - AND THE OFFENSE IS COMMITTED OR INTENDED

TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR

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NYS ASSEMBLY JUNE 19, 2019

PERCEPTION REGARDING THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,

RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A

PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT. NOW,

WHEN WE COUPLE THAT WITH WHAT THIS BILL IS DOING, WHICH IS ELIMINATING

THE EXTREME EMOTIONAL DISTURBANCE DEFENSE -- AND JUST TO BRIEFLY

DESCRIBE IT TO YOU, FOLKS, IT'S -- BASICALLY IT WOULD MITIGATE THE CRIME OF

MURDER IN THE SECOND DEGREE, A CLASS A1 FELONY, TO A B FELONY, WHICH

IS MANSLAUGHTER IN FIRST DEGREE. IT DOESN'T COMPLETELY NEGATE THE ACT,

IT JUST CREATES A LEVEL OF JUSTIFICATION. IT'S AN AFFIRMATIVE DEFENSE,

MEANING THE DEFENDANT HAS TO ESTABLISH IT BY PREPONDERANCE OF THE

EVIDENCE AND THAT IS THEN THEREBY DETERMINED BY THE JURY. AND THE

REASON WHY I'M -- I'M MENTIONING THIS -- AND I'M GOING TO JUST READ

VERY BRIEFLY FROM THE PATTERN JURY INSTRUCTIONS ABOUT EXTREME

EMOTIONAL DISTURBANCE. THIS IS THE ISSUE THAT I HAVE, THAT THIS IS

CERTAINLY A LAUDABLE THING, BUT TO REMOVE THE ABILITY OF A DEFENDANT TO

INTERPOSE A DEFENSE, REGARDLESS OF WHAT IT IS, IS A VERY SLIPPERY SLOPE

AND A VERY DANGEROUS THING. THERE ARE NO OTHER STATUTES THAT ACTUALLY

DO THIS. AND IN FACT, BEFORE I GET INTO THAT, IN SUFFOLK COUNTY, MY

HOME COUNTY, I HAD A COLLEAGUE WHEN I WAS IN THE DA'S OFFICE TRY A

VERY SERIOUS KIDNAPPING CASE. THEY WANTED TO PUT ON AN ALIBI DEFENSE.

THE JUDGE SAID, WELL, YOU DIDN'T COMPLY WITH 250.20 OF THE CRIMINAL

PROCEDURE LAW, WHICH IS GIVING NOTICE OF YOUR ALIBI DEFENSE. MID-TRIAL

THEY SAID, YOU KNOW WHAT? MY GUY WASN'T THERE. HE DENIED THAT. THE

-- THE JURY TRIAL ENDED UP IN A CONVICTION. HE WAS GIVEN 30-50 YEARS.

IT WAS A VERY SERIOUS CASE. AND THE APPELLATE DIVISION REVERSED ON

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NYS ASSEMBLY JUNE 19, 2019

THOSE GROUNDS BECAUSE THEY REFUSED TO ALLOW A DEFENDANT TO PUT ON

WHATEVER DEFENSE THEY WANT, NO MATTER HOW CREDIBLE OR INCREDIBLE, AND

IT'S UP TO THE JURY TO MAKE THAT DETERMINATION. NOW, EXTREME EMOTIONAL

DISTURBANCE, THEY MUST HAVE HAD EXTREME EMOTIONAL DISTURBANCE, THAT

IS, THE DEFENDANT MUST HAVE HAD AN EMOTIONAL DISTURBANCE SO EXTREME

AS TO RESULT IN AND BECOME MANIFEST AS A PROFOUND LOSS OF SELF CONTROL.

THAT'S THE FIRST ELEMENT, WHICH BASICALLY MEANS TEMPORARY INSANITY IS

WHAT MANY OF US REFER TO IT AS, THAT THEY COMPLETELY LOST CONTROL.

SECOND, THERE MUST HAVE BEEN AN EXPLANATION OR EXCUSE FOR SUCH

EXTREME EMOTIONAL DISTURBANCE THAT WAS REASONABLE. THE

REASONABLENESS OF THAT EXPLANATION OR EXCUSE MUST BE DETERMINED FROM

THE VIEWPOINT OF A PERSON IN THE DEFENDANT'S SITUATION UNDER THE

CIRCUMSTANCES AS THE DEFENDANT BELIEVED THEM TO BE. AND THIRD, IN

COMITTING A HOMICIDE, THE DEFENDANT MUST HAVE ACTED UNDER THE

INFLUENCE OF THAT EXTREME EMOTIONAL DISTURBANCE. SO IT REALLY NEEDS TO

BE CAUSALLY-RELATED TO THAT. AND AGAIN, IT JUST REDUCES THE ACTUAL CRIME,

BUT I KNOW -- AND I UNDERSTAND THIS LAUDABLE INTENT. I DID DISCUSS THIS

WITH THE SPONSOR, WHO IS A VERY SHARP LAWYER, AND WE HAD SOME LEGAL

DISCUSSION ABOUT IT, THAT THIS IS AS A RESULT OF SOME STATES ACTUALLY

MITIGATED COMPLETELY THE MENS REA, MEANING THAT THEY CAN ACQUIT

SOMEONE IF IT WAS, QUOTE, "JUSTIFIED." AND THERE ARE, OF COURSE,

INHERENT PREJUDICES THAT SOME JURIES MAY HAVE THAT THIS ISN'T AS

SYMPATHETIC A VICTIM AS EVERY OTHER ONE. AND WE REJECT THAT AND WE

ALWAYS HAVE IN THIS BODY. AND THAT'S WHY WE MADE THIS A HATE CRIME,

AND IT SHOULD BE. AND THERE SHOULD BE A MORE SEVERE PENALTY FOR IT.

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BUT I JUST THINK THAT WE'RE REALLY TREADING ON VERY THIN ICE WHEN WE ARE

NOW REMOVING THAT PARTICULAR DEFENSE BECAUSE, FOR EXAMPLE, WHEN WE

THINK ABOUT THIS, IN THE HATE CRIME STATUTE YOU CAN STILL USE THIS DEFENSE

IF YOU KILLED SOMEONE IN WHOLE OR SUBSTANTIAL PART BECAUSE OF THEIR

RACE, BECAUSE OF THEIR COLOR. BECAUSE OF THEIR NATIONAL ORIGIN, ANCESTRY,

RELIGION, RELIGIOUS PRACTICES, AGE OR DISABILITY. THOSE ARE STILL ALLOWED.

SO WHY IN THESE CIRCUMSTANCES WHEN SOMEONE HAS WHATEVER

PERCEPTION IT MAY BE, WRONG OR RIGHT, REASONABLE OR UNREASONABLE, THE

DEFENDANT SHOULD AT LEAST HAVE THE OPPORTUNITY TO PRESENT THAT AND THE

JURY CAN UNANIMOUSLY REJECT IT OR UNANIMOUSLY ACCEPT IT BY A

PREPONDERANCE OF THE EVIDENCE.

SO THIS IS A TOUGH VOTE FOR ME. BUT, UNFORTUNATELY, I

THINK THAT THIS IS A DANGEROUS PRECEDENT TO SET, AND AS A RESULT I'LL BE

VOTING IN THE NEGATIVE. THANK YOU, MR. SPEAKER,

ACTING SPEAKER BRAUNSTEIN: MR.

O'DONNELL.

MR. O'DONNELL: IT MUST BE JUNE. SEVENTEEN

YEARS, I'VE NEVER HAD A REPUBLICAN DEBATE ME ON THE RIGHTS OF A

DEFENDANT. WHAT A SPECIAL DAY THIS IS.

(LAUGHTER)

IN 2013, THE AMERICAN BAR ASSOCIATION CALLED UPON

STATE LEGISLATORS TO ENACT THIS KIND OF LEGISLATION. THE PREVIOUS

SPEAKER IS A BRILLIANT LAWYER HIMSELF, WE HAD VERY INTERESTING

CONVERSATIONS ABOUT IT. THE HATE CRIME STATUTE IS A SENTENCING

ENHANCEMENT STATUTE, SO THAT IF YOU COMMIT A CRIME AT THIS LEVEL AND IT

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NYS ASSEMBLY JUNE 19, 2019

WAS DONE FOR A PARTICULAR REASON, YOU GET ADDITIONAL PUNISHMENT. IT HAS

NOTHING TO DO WITH THE ELEMENTS OF THE CRIME. SO WHAT DOES EXTREME

EMOTIONAL DISTURBANCE MEAN? TWO-PART TESTS, SUBJECTIVE AND OBJECTIVE.

YOU HAD TO FEEL LIKE YOU WERE OUT OF YOUR MIND BECAUSE OF WHAT WAS

GOING ON, AND A REASONABLE PERSON WOULD HAVE CONCLUDED THAT THEY

WOULD BE OUT OF THEIR MIND, TOO. IT'S A VERY, VERY DIFFICULT BURDEN TO

MEET. THAT IS WHY IT'S NOT A DEFENSE, IT'S AN AFFIRMATIVE DEFENSE. ANY

LAWYER WHO TRIES AN AFFIRMATIVE DEFENSE WHEN THEY HAVE A DEFENSE AS

AN OPTION DOESN'T DESERVE THEIR LAW LICENSE. WHY? BECAUSE AN

AFFIRMATIVE DEFENSE SHIFTS FROM THE PEOPLE TO PROVE BEYOND A

REASONABLE DOUBT TO THE DEFENDANT. AN AFFIRMATIVE DEFENDANT -- THE

DEFENDANT HAS THE BURDEN OF PROOF TO PROVE THAT THEY WERE EXTREMELY

EMOTIONALLY DISTURBED AT THE TIME. YOU DON'T EVER WANT TO DO THAT IF

YOU'RE IN A TRIAL SITUATION. NOT WHEN YOU HAVE AN ENTIRE LIST OF

JUSTIFICATIONS AS REGULAR DEFENSES, WHICH, IN FACT, CAN BE USED AT ANY

TIME AND THEY CAN BE USED AND REQUIRE THE PEOPLE TO PROVE THIS BEYOND

A REASONABLE DOUBT. WHY IS THIS NECESSARY? WHY IS THIS NECESSARY? IN

2011 WE PASSED THE MARRIAGE EQUALITY ACT HERE IN NEW YORK. I HAVE

VAGUE RECOLLECTION OF THAT BECAUSE I WROTE IT. PLEASE DON'T CALL THE

GOVERNOR AND TOLD [SIC] HIM I SAID THAT BECAUSE IT WON'T WORK OUT WELL

FOR ME. BUT I WROTE IT BEFORE HE WAS GOVERNOR, JUST SO YOU KNOW.

AND WE PASSED THAT LAW WITH THE HELP OF SO MANY PEOPLE IN THIS ROOM.

DEBORAH GLICK AND HARRY BRONSON WERE THERE AS MY ALLIES. AND MY

STRAIGHT ALLIES, JOE LENTOL, BARBARA LIFTON, ANDY HEVESI, CATHY NOLAN,

WE HAD A WONDERFUL CROWD OF ALLIES ON BOTH SIDES OF THE AISLE TO SAY

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NYS ASSEMBLY JUNE 19, 2019

ISN'T IT ABOUT TIME THAT WE EXTEND CIVIL MARRIAGE RIGHTS TO PEOPLE JUST

LIKE ME WHO HAD BEEN WITH HIS PARTNER AT THAT POINT FOR ALMOST 40

YEARS. WHEN THAT HAPPENED AND THE SUBSEQUENT DECISIONS OF THE

SUPREME COURT AVAILING THE COUNTRY OF THAT BASIC RIGHT, WE ALL KNEW

THERE'D BE A -- A BACKLASH. THERE'S ALWAYS A BACKLASH WHEN PEOPLE

MOVE FORWARD. WHAT I DIDN'T KNOW OR DIDN'T EXPECT WHAT THE BACKLASH

WOULD BE ON THE BACKS OF OUR TRANS FAMILY MEMBERS. AND OUR BACKLASH

WOULD OCCUR A LOT ABOUT USE OF BATHROOMS. THAT'S WHAT HAS HAPPENED.

SO WE ARE CURRENTLY IN, QUITE SIMPLY, AN EPIDEMIC OF BLACK WOMEN OF

COLOR, TRANS WOMEN OF COLOR, BEING MURDERED. IN 2013, ISLAN NETTLES,

IN MY ISLAND OF MANHATTAN, IN MY VILLAGE OF HARLEM, WAS BEATEN TO

DEATH AFTER SHE FLIRTED WITH A MAN, AND WHEN THE MAN REALIZED THAT SHE

WAS A PERSON OF TRANS EXPERIENCE, HE SAID HE DIDN'T WANT TO BE FOOLED,

SO HE PROCEEDED TO BEAT HER HEAD INTO THE SIDEWALK. HE BEAT HER HEAD

INTO THE SIDEWALK. NOW, IN NEW YORK LAW THIS DEFENSE HAS NEVER BEEN

USED HERE IN THESE CIRCUMSTANCES. BUT IT HAS IN OTHER STATES. AND

BECAUSE OUR LAW SAYS YOU HAVE TO SUBJECTIVELY PROVE THAT YOU WERE IN

THIS DISTURBED STATE, THE ONLY WAY TO DO THAT IS TO TESTIFY. SO THE ONLY

WAY TO INVOKE THIS IS TO TESTIFY, SAY, YEAH, I KILLED THEM, BUT THIS IS WHY.

AND THAT AUTOMATICALLY KICKS IT DOWN TO MANSLAUGHTER IN THE FIRST

DEGREE WHICH CARRIES, AS YOU HEARD, 25 YEARS. THE PROBLEM IS IN OTHER

PLACES IN THE COUNTRY, THIS DEFENSE HAS BEEN USED AS A GET-OUT-OF-JAIL

FREE CARD. YEAH, I MURDERED THEM, BUT THEY WERE TRANS, I.E., THEY

DESERVED IT. AND THAT IS QUITE SIMPLY UNACCEPTABLE.

SO, I'M ASKING FOR YOUR VOTE TODAY TO REMIND OUR

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CITIZENS THAT BEING A GAY PERSON OR A TRANS PERSON OR A PERSON OF COLOR

DOESN'T MEAN THAT YOU HAVE THE RIGHT TO LOSE YOUR LIFE. AND THAT WE

NEED TO SEND THAT MESSAGE VERY LOUD AND CLEAR AT THIS TIME OF YEAR -- AS

YOU CAN SEE, I'VE GOT SOME FLAGS GOING ON HERE. I'VE GOT A PRIDE FLAG,

I'VE GOT A TRANS PRIDE FLAG, BECAUSE THIS IS THE MONTH OF STONEWALL.

AND LET ME JUST REMIND YOU, STONEWALL WASN'T A PARADE, STONEWALL WAS

A RIOT, OKAY, LED BY TWO TRANS WOMEN OF COLOR, MARTHA P. JOHNSON AND

SYLVIA RIVERA, WHO THREW THE FIRST BRICKS AT STONEWALL AFTER MONTHS

AND MONTHS OF HARASSMENT BY THE POLICE OFFICERS. WE ALL THOUGHT THAT

WHEN MARRIAGE CAME ALONG, EVERYBODY WOULD GET ALONG BETTER. NOT SO

MUCH. WE'RE STILL TRAUMATIZED, WE'RE STILL THREATENED. I EXPERIENCE

HOMOPHOBIA ON A REGULAR BASIS IN MY LIFE. BUT THE REALITY IS WE, AS A

COMMUNITY, NEED TO STAND UP AND SAY, WE'RE NOT GOING TO TAKE THIS.

WE'RE NOT GOING TO SAY IT'S OKAY TO BASH A TRANS PERSON'S HEAD INTO A

STREET IN HARLEM MERELY BECAUSE THEY EXIST. AND THAT IS WHAT THIS BILL

DOES. I DON'T VIEW IT AS ANY THREAT -- THREAT TO ANY DEFENDANT. I CAN

ASSURE YOU, IF I DID I WOULD NOT HAVE WRITTEN IT.

I WANT TO GIVE A SHOUT-OUT TO THE FIRST AUTHOR OF THIS

BILL, MY FRIEND "RUBENCITO," THE BRONX -- BRONX BOROUGH PRESIDENT,

WAS THE FIRST -- FIRST AUTHOR OF THIS BILL IN THIS HOUSE. SO I WANT TO

THANK HIM FOR THAT. I WANT TO THANK MY CODES CHAIR AND THE CODES

STAFF AND THE SPEAKER AND EVERYBODY WHO HAS BEEN SO GENEROUS.

PLEASE UNDERSTAND, WE'RE HERE, WE'RE QUEER, YOU BETTER GET USED TO IT.

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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NYS ASSEMBLY JUNE 19, 2019

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BRONSON TO EXPLAIN HIS VOTE.

MR. BRONSON: YES, MR. SPEAKER. I WANT TO THANK

AND COMMEND THE SPONSOR FOR INTRODUCING THIS LEGISLATION, AND ALSO FOR

BEING A LEADER FOR SO MANY YEARS FOR OUR LGBTQ COMMUNITY. THIS

BILL IS AN IMPORTANT PIECE OF LEGISLATION. IT'S IMPORTANT BECAUSE IN ANY

OTHER SITUATION WE WOULD NOT BELIEVE IT'S RIGHT TO MURDER SOMEONE

SIMPLY BECAUSE OF WHO THEY ARE. YOU MAKE ME SO ANGRY BECAUSE

YOU'RE A WOMAN, I CAN KILL YOU. REALLY? THAT'S NO DIFFERENT THAN

SAYING, YOU MAKE ME SO ANGRY BECAUSE YOU'RE GAY OR BECAUSE YOU'RE A

TRANS PERSON, I CAN KILL YOU. THINK ABOUT THAT, FOLKS. THINK ABOUT THAT.

PEOPLE WHO WANT TO LIVE A LIFE OF DIGNITY, A LIFE WITH RESPECT AND A LIFE

THAT ALLOWS THEM TO BE THEIR AUTHENTIC SELVES. IN NO OTHER DEMOGRAPHIC

IN THIS SOCIETY WOULD WE SAY IT'S OKAY TO MURDER SOMEBODY SIMPLY

BECAUSE WHO THEY ARE.

I'M GOING TO VOTE IN THE AFFIRMATIVE. I HOPE I SEE NO

RED BUTTONS UP THERE. THIS IS REALLY A STATEMENT OF WHO WE ARE AS NEW

YORKERS AND WHO WE ARE AS HUMAN BEINGS. AND I THINK WHO WE ARE IS

THAT WE RESPECT EVERYONE, AND IN THAT RESPECT WE NEED POLICIES AND LAWS

THAT WILL SUPPORT OUR BELIEF THAT EVERYONE HAS DIGNITY. AND CERTAINLY,

EVERYONE DESERVES AN OPPORTUNITY TO LIVE. I VOTE IN THE AFFIRMATIVE,

MR. SPEAKER, AND ASK ALL MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.

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NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: MR. BRONSON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

WE'RE GOING TO PAGE -- PAGE 48, RULES REPORT NO.

580.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08421, RULES REPORT

NO. 580, SIMOTAS, WRIGHT, ROZIC, TITUS, CRESPO, WALKER, WEINSTEIN,

SIMON, CRUZ, NOLAN, QUART, PERRY, LUPARDO. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO INCREASED PROTECTIONS FOR PROTECTED

CLASSES AND SPECIAL PROTECTIONS FOR EMPLOYEES WHO HAVE BEEN SEXUALLY

HARASSED; TO AMEND THE GENERAL OBLIGATIONS LAW, IN RELATION TO

NONDISCLOSURE AGREEMENTS; TO AMEND THE CIVIL PRACTICE LAW AND RULES

AND THE EXECUTIVE LAW, IN RELATION TO DISCRIMINATION; TO AMEND THE

LABOR LAW, IN RELATION TO REQUIRING EMPLOYERS TO PROVIDE EMPLOYEES

NOTICE OF THEIR SEXUAL HARASSMENT PREVENTION TRAINING PROGRAM IN

WRITING IN ENGLISH AND IN EMPLOYEES' PRIMARY LANGUAGES; TO AMEND THE

EXECUTIVE LAW, IN RELATION TO EXTENDING THE STATUTE OF LIMITATIONS FOR

CLAIM RESULTING FROM UNLAWFUL OR DISCRIMINATORY PRACTICES CONSTITUTING

SEXUAL HARASSMENT TO THREE YEARS; TO AMEND THE LABOR LAW, IN RELATION

TO THE MODEL SEXUAL HARASSMENT PREVENTION GUIDANCE DOCUMENT AND

SEXUAL HARASSMENT PREVENTION POLICY; AND DIRECTING THE COMMISSIONER

OF LABOR TO CONDUCT A STUDY ON STRENGTHENING SEXUAL HARASSMENT

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NYS ASSEMBLY JUNE 19, 2019

PREVENTION LAWS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I APPRECIATE THE -- THE EFFORTS OF MY

COLLEAGUE TO EXPAND DISCRIMINATION PROTECTIONS IN THE WORKPLACE.

UNFORTUNATELY, I -- I THINK THERE'S SOME ISSUES WITH THIS BILL THAT I

WANTED TO HIGHLIGHT FOR -- FOR ALL OF US. FIRST, UNLIKE OUR CURRENT

ANTIDISCRIMINATION PROVISIONS IN THE LABOR LAW, THIS -- IN THE HUMAN

RIGHTS LAW OR IN THE EXECUTIVE LAW, THIS WOULD APPLY TO EVERY

EMPLOYER REGARDLESS OF THE SIZE. AND SO IF YOU HAVE A LITTLE MOM-AND-

POPS OR YOU HAVE A SMALL PARTNERSHIP OR, YOU KNOW, A VERY SMALL

BUSINESS WITH ONLY TWO OR THREE EMPLOYEES, THIS BILL WOULD APPLY TO

YOU AS -- IN THE SAME WAY AS IF YOU HAD 2- OR 300 OR A FEW THOUSAND.

SO, KEEPING IN MIND THAT THIS BILL NOW IS EXPANDED OUT TO THE SMALL

BUSINESSES, THE SMALLEST OF OUR SMALL BUSINESSES, SOME OF THE

PROVISIONS THAT MIGHT MAKE SENSE IN THE CONTEXT OF A LARGER EMPLOYER

REALLY BECOMES SOMEWHAT PROBLEMATIC. FOR EXAMPLE, THIS BILL WOULD

SAY THAT IF AN EMPLOYEE SUES THE BUSINESS, SMALL BUSINESS, AND WINS,

THE EMPLOYEE IS ENTITLED TO ATTORNEYS' FEES. BUT IF THE SMALL BUSINESS IS

SUCCESSFUL IN DEFENDING IT, THEY'RE ON THEIR OWN. AND A SMALL BUSINESS

IS OFTEN ON A VERY, VERY TIGHT BUDGET AND CAN'T AFFORD THESE EXPENSES

ANY MORE THAN ANYONE SUING THEM. SECOND, THIS AMENDS THE GENERAL

OBLIGATION LAW TO PROHIBIT NONDISCLOSURE AGREEMENTS. UNFORTUNATELY,

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NYS ASSEMBLY JUNE 19, 2019

HAVING WORKED IN THIS FIELD FOR A WHILE, OFTENTIMES THERE'S A REAL

SERIOUS QUESTION OVER WHETHER THERE'S A VIOLATION OR NOT. THE EMPLOYER

WOULD MIGHT RATHER SETTLE THE CLAIM AND PAY WHAT THEY PAY THE

ATTORNEYS' FEES TO THE CLAIMANT, AND IT'S A WIN-WIN. THE CLAIMANT GETS

MONEY, THERE'S NO LITIGATION, THE COSTS ARE ABOUT THE SAME FOR THE

EMPLOYER. BUT THAT'S OFTEN PREMISED ON A NONDISCLOSURE AGREEMENT.

SO WHEN YOU ELIMINATE THE ABILITY TO HAVE AN ENFORCEABLE

NONDISCLOSURE AGREEMENT, YOU SEVERELY RESTRICT THE LIKELIHOOD THAT

YOU'RE GOING TO HAVE POSITIVE SETTLEMENTS. THE THIRD THING THAT'S OF --

OF CONCERN IS IT PROHIBITS MANDATORY ARBITRATION. AND THOSE PARTICULARLY

IN THE BUSINESS FIELD KNOW THAT ARBITRATION CLAUSES CAN PROVIDE AN

ALTERNATIVE MEANS TO LITIGATION THAT'S FASTER AND LESS EXPENSIVE. SO,

WHILE I APPRECIATE THE TRIAL LAWYERS LOOK LIKE THEY DRAFTED THIS BECAUSE

THEY GET THEIR LEGAL FEES AND THEY BAN ALTERNATIVE DISPUTE RESOLUTION

THAT'S FASTER AND DOESN'T INVOLVE THEM, FROM A PUBLIC POLICY

PERSPECTIVE, ALLOWING SMALL BUSINESSES TO HAVE BINDING ARBITRATION

THAT'S AGREED TO BY BOTH PARTIES - THAT'S THE ONLY WAY YOU GET BINDING

ARBITRATION, IT HAS TO BE AGREED IN ADVANCE BY BOTH PARTIES - SEEMS TO

MAKE MORE PUBLIC SENSE THAN BANNING IT.

THE NEXT ISSUE THAT'S VERY PROBLEMATIC TO SMALL

EMPLOYERS IS THAT THEIR PUBLIC -- THEIR NOTICE OF RIGHTS HAS TO BE IN NOT

ONLY ENGLISH, BUT THE EMPLOYEE'S IDENTIFIED PRIMARY LANGUAGE, EVEN IF

THE EMPLOYEE IS PROFICIENT IN ENGLISH. AND NOT -- IF YOU'RE RUNNING A

SMALL EMPLOYMENT BUSINESS, A MOM-AND-POP STORE, A SMALL RESTAURANT,

GAS STATION, PERHAPS, OR A CORNER GROCERY STORE, IT'S NOT EASY TO PROVIDE

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NYS ASSEMBLY JUNE 19, 2019

NOTICES IN ANY LANGUAGE IDENTIFIED BY AN EMPLOYEE. AND THE PROBLEM

WITH THAT IS THAT GETTING THESE TRANSLATIONS AND PROVIDING THESE NOTICES

CAN ADD AN EXPENSE TO THE EMPLOYER, AND WHAT AN EMPLOYER WILL DO TO

AVOID THAT EXPENSE IS SIMPLY NOT HIRE SOMEONE THAT HAS A SECONDARY

LANGUAGE. SO, I CERTAINLY SUPPORT THE INTENT TO MINIMIZE

DISCRIMINATION. I THINK THAT'S A GREAT IDEA. I WOULD HOPE, THOUGH, THAT

WE CAN HAVE A BILL THAT DOESN'T REALLY HURT SMALL BUSINESSES, THE MOM-

AND-POP STORES, THOSE WHO ONLY HAVE A FEW EMPLOYEES, AND RECOGNIZE

THAT SOME OF THESE PROVISIONS, WHILE THEY MAY -- MAKE SENSE IN A LARGER

EMPLOYER CONTEXT DON'T MAKE SENSE WHEN YOU'RE DEALING WITH A SMALL

BUSINESS.

THANK YOU, SIR. AND AGAIN, THANKS TO MY COLLEAGUE

FOR HER SENSITIVITY ON THESE ISSUES.

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.)

MS. SIMOTAS TO EXPLAIN HER VOTE.

MS. SIMOTAS: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO EXPLAIN MY VOTE. TODAY IS A GOOD DAY. IT IS A DAY WHEN

NEW YORK STATE HAS MOVED CLOSER TO RECOGNIZING THAT HARASSMENT IN

THE WORKPLACE IS A PERSISTENT AND PERVASIVE PROBLEM THAT AFFECTS EVERY

INDUSTRY. TODAY IS A DAY WHEN NEW YORK STATE WILL ESTABLISH SOME

MEANINGFUL SOLUTIONS TO IDENTIFY AND PREVENT WORKPLACE HARASSMENT.

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NYS ASSEMBLY JUNE 19, 2019

TODAY IS A DAY WHEN WE SEND A CLEAR MESSAGE TO THE NEW YORK STATE

WORKFORCE THAT WE ARE COMMITTED TO PROTECTING WORKERS AND NOT

SHIELDING INSTITUTIONS OR ENABLING HARASSERS.

I AM VERY PROUD THAT AFTER DECADES WE ARE ESTABLISHING

A NEW DEFINITION OF DISCRIMINATORY HARASSMENT TO COVER ALL PROTECTIVE

CLASSES. AND I JUST WANT TO READ IT BECAUSE IT'S QUITE IMPORTANT THAT WE

WERE ABLE TO DO THIS. WE PROHIBIT DISCRIMINATORY HARASSMENT THAT

SUBJECTS AN INDIVIDUAL TO INFERIOR TERMS, CONDITIONS OR PRIVILEGES OF

EMPLOYMENT BASED ON THE MEMBERSHIP IN ONE OF THE -- IN ONE OR MORE

OF THE PROTECTED CLASSES, REGARDLESS OF WHETHER THE HARASSMENT WOULD

BE CONSIDERED SEVERE OR PERVASIVE UNDER THE PRECEDENT APPLIED TO

HARASSMENT CLAIMS. TODAY REALLY, AS I SAID, IS A WONDERFUL DAY. I'D LIKE

TO THANK THE SPEAKER, THE STAFF, PARTICULARLY KATHLEEN O'KEEFE, JOANNE

BARKER -- BARKER, LOUANN CICCONE, AARON SUGGS AND THE ENTIRE

PROGRAM AND COUNSEL STAFF FOR THEIR HARD, HARD WORK. I'M -- I WAS UP

PRETTY LATE, INCLUDING ON FATHER'S DAY, PAST MIDNIGHT. I'D ALSO LIKE TO

THANK ALL THE ADVOCATES WHO HELPED, PARTICULARLY THE SEXUAL

HARASSMENT WORKING GROUP, AND I'D LIKE TO NAME A FEW OF THEM: RITA

-- RITA PASARELL, LEAH HEBERT, TORI BURHANS KELLY, ELIZABETH CROTHERS,

ELIYANNA KAISER, DANIELLE BENNETT AND FORMER MEMBER ERICA

VLADAMIER FOR THEIR AMAZING, AMAZING ADVOCACY. TO MY COLLEAGUES

TREMAINE WRIGHT, NILY ROZIC AND AMY PAULIN, PORTIONS OF THEIR BILLS

MADE IT INTO THIS OMNIBUS PACKAGE, AND I THANK THEM FOR THEIR

COMMITMENT TO THIS CAUSE.

THANK YOU VERY MUCH, AND I VOTE IN THE AFFIRMATIVE.

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NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: MS. SIMOTAS IN THE

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR FOR THIS BILL. SHE HAS WORKED LONG AND HARD ON

MAKING THIS HAPPEN. THIS MEASURE IS GOING TO EXPAND NEW YORK'S

LAWS TO ENSURE THAT JUSTICE CAN BE SERVED WHEN EMPLOYMENT

DISCRIMINATION, INCLUDING SEXUAL HARASSMENT, OCCURS IN THE WORKPLACE.

AS A LAWYER WHO HAS REPRESENTED PLAINTIFFS IN EMPLOYMENT ACTIONS, I

KNOW THAT NEW YORK STATE'S HUMAN RIGHTS LAW HAS CRIED OUT FOR

STRENGTHENING ACROSS THE BOARD FOR A LONG TIME. THIS BILL RESPONDS TO

THAT NEED BY INCORPORATING MANY OF THE PROVISIONS THAT ADVOCATES AND

CIVIL RIGHTS PRACTITIONERS HAVE IDENTIFIED AS KEY WAYS IN WHICH OUR

CURRENT HUMAN RIGHTS LAW HAS LONG BEEN MISSING THE MARK. AND AS A

WOMAN WHO HAS BEEN WORKING FOR A LONG TIME, I KNOW ALL TOO WELL

WHAT SEXUAL HARASSMENT LOOKS LIKE AND FEELS LIKE, AND THE NEGATIVE

IMPACTS THAT LINGER WHEN THERE ISN'T A RECOURSE FOR JUSTICE. THE ME TOO

MOVEMENT AND ADVOCATES ACROSS THE STATE HAVE HELPED ENSURE THAT

VICTIMS OF DISCRIMINATION AND SEXUAL HARASSMENT ARE NOT FORGOTTEN OR

IGNORED. AS NEW YORKERS, WE UNDERSTAND THAT WE MUST GIVE VOICE TO

THOSE WHO HAVE BEEN HARASSED, BUT ALSO ENSURE JUSTICE THAT CAN BE

SERVED WHEN HARASSMENT OCCURS. FOR FAR TOO LONG THAT JUSTICE HAS NOT

BEEN SERVED, AND PERPETRATORS HAVE NOT BEEN HELD ACCOUNTABLE. SEXUAL

HARASSMENT AND WORKPLACE DISCRIMINATION CAN JEOPARDIZE AN

EMPLOYEE'S LIVELIHOOD, CLOSE -- CLOSE OFF CAREER OPTIONS AND IMPACT AN

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EMPLOYEE'S PHYSICAL AND EMOTIONAL WELL-BEING. THIS LEGISLATION

PROVIDES INCREASED PROTECTIONS FOR ALL PROTECTED CLASSES AND SPECIAL

PROTECTIONS FOR EMPLOYEES WHO HAVE BEEN SEXUALLY HARASSED. NEW

YORK WILL NOW BE A BETTER PLACE FOR WORKERS AND EMPLOYERS BECAUSE

THE RULES OF THE ROAD AND REMEDIES FOR DISCRIMINATION AND SEXUAL

HARASSMENT WILL BE REAL, CLEAR AND ENFORCEABLE. I'M GRATEFUL TO THE

SPONSOR FOR HER LEADERSHIP AND STANDING UP FOR WOMEN AND WORKERS

ACROSS THE STATE. I'M GRATEFUL FOR THE CIVIL RIGHTS LAWYERS, THE

ADVOCATES, THE WOMEN OF THE SEXUAL HARASSMENT WORKING GROUP AND

EVERYONE WHO HAS BEEN FIGHTING TO KEEP THIS ISSUE IN THE SPOTLIGHT. I

AM GRATEFUL AS WELL FOR OUR STAFF AND OUR COUNSEL FOR THEIR HELP AND

PERSISTENCE, AND TO SPEAKER HEASTIE FOR BELIEVING IN THIS WOMEN-LED

LEGISLATION.

I'M PROUD TO VOTE FOR THIS BILL.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MR. BLAKE.

MR. BLAKE: THANK YOU, MR. SPEAKER. FIRST I WANT

TO COMMEND THE SPONSOR FOR THIS GROUNDBREAKING PIECE OF LEGISLATION

WHICH OBVIOUSLY IS NECESSARY. WE NEED TO BE VERY CLEAR THAT IN NO

PLACE IS IT AT ALL TOLERABLE TO BE ABLE TO HARASS SOMEONE. AND -- AND

MANY TIMES PEOPLE ARE AFRAID TO SPEAK UP WHEN SEXUAL HARASSMENT

OCCURS, WHEN FEAR OCCURS WHEN IT COMES TO RAPE. AND MAKING SURE THAT

WE'RE ALSO STANDING UP AS SAYING AS A MAN YOU CAN -- YOU CAN AND

SHOULD BE A FEMINIST AT THE SAME TIME, AND STEPPING UP AND SUPPORTING

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NYS ASSEMBLY JUNE 19, 2019

OUR WOMEN. SEXUAL HARASSMENT AND ALL THAT COMES IS NOT A

COMPLIMENT, IT IS NOT A JOKE. IT IS NOT FUNNY. IT IS SOMETHING THAT WE

HAVE TO TAKE SERIOUSLY, AND THIS IS ABOUT CHANGING THE CULTURE THAT EXISTS

TOO OFTEN ACROSS OUR CITY AND OUR SOCIETY. SO THIS LEGISLATION OBVIOUSLY

IS CRITICAL, AND IT GIVES PEOPLE THE TRUST AND BELIEF THAT WE ARE LISTENING

AND HEARING THEM. FOR ALL THE ADVOCATES, FOR SO MANY GROUPS THAT CAME

BY OUR OFFICES TO SPEAK UP, ESPECIALLY INCLUDING THE FORMER EMPLOYEES

OF THIS INSTITUTION THAT FOR YEARS FELT THAT THEY COULDN'T SPEAK UP AS WELL,

THIS IS SENDING A MESSAGE THAT WE ARE LISTENING AND WE ARE HEARING

THEM, AND BEING VERY CLEAR THAT HARASSMENT IS NOT TOLERABLE IN ANY

PLACE, ESPECIALLY HERE IN NEW YORK STATE. AND I PROUDLY VOTE IN THE

AFFIRMATIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BLAKE IN THE

AFFIRMATIVE.

MS. LINDA ROSENTHAL.

MS. ROZIC.

MS. ROZIC: THANK YOU, MR. SPEAKER. JUST VERY

QUICKLY, I WANTED TO RISE AND TO COMMEND THE SPONSOR FOR THIS GREAT

BILL. IT'S BEEN A LONG TIME COMING. I -- I KNOW A LOT OF HOURS, SWEAT

AND TEARS WENT INTO THIS DRAFT OF THIS LEGISLATION, SO I JUST WANTED TO

GIVE HER TREMENDOUS CREDIT, AND ALSO TREMENDOUS CREDIT TO THE SPEAKER

AND THE STAFF FOR PUTTING THIS TOGETHER. AND TO THE GREAT COALITION OF

WOMEN FROM ACROSS THE STATE WHO TOLD THEIR STORIES TIME AND TIME

AGAIN, WE HEARD YOU, WE LISTENED TO YOU AND WE SAW YOU. I ALSO WANT

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NYS ASSEMBLY JUNE 19, 2019

TO HIGHLIGHT JUST VERY QUICKLY A PART OF THE LEGISLATION THAT REQUIRES

DOL TO PROVIDE NOTICE AND TRAINING IN PEOPLE'S NATIVE LANGUAGES. I

THINK THAT IS EXTREMELY IMPORTANT IN PROVIDING INFORMATION TO PEOPLE

AND TO HAVE NO EXCUSE, THAT EVERYONE SHOULD FEEL EMPOWERED.

SO AGAIN, I JUST RISE TO COMMEND THE SPONSOR AND I'LL

BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROZIC IN THE

AFFIRMATIVE.

MS. ROSENTHAL.

MS. ROSENTHAL: TO EXPLAIN MY VOTE. THANK

YOU, MR. SPEAKER. GENDER DISCRIMINATION HAS LONG PERVADED THE HALLS

OF ALBANY WITHOUT A RESOLUTION FOR FAR TOO LONG. I REMEMBER WHEN I

WAS MISTAKEN FOR A FEMALE STAFFER AND I WAS TOLD THAT I WAS A -- A GREAT

LITTLE STAFFER CARRYING BOXES FOR A MALE MEMBER. I DID CLARIFY THAT I WAS

A LAWMAKER, BUT IT IMPRINTED IN MY MIND THAT ALBANY WAS, INDEED, A

"BOY'S CLUB" 13 YEARS AGO. AND I LOOK AROUND THIS ROOM AND I SEE MY

WOMEN, MY FEMALE COLLEAGUES AND THE FEMALE STAFFERS WHO MAKE THIS

PLACE RUN, AND I KNOW THAT MANY OF THEM HAVE STORIES THAT, SADLY, ARE

EMBLEMATIC OF THE WAYS THAT WOMEN HAVE BEEN VIEWED AND TREATED IN

ALBANY. I REMEMBER SOME TIME AGO I CONFIDED IN A COLLEAGUE OF MINE

THAT A CERTAIN ASSEMBLYMEMBER WHO'S NO LONGER HERE WAS BULLYING AND

HARASSING ME, AND I WAS TOLD THAT'S JUST THE WAY IT IS. AND FOR TOO LONG

WE'VE ACCEPTED THAT IT'S JUST THE WAY IT IS. BUT THAT'S NOT TRUE ANYMORE.

THANKS TO THE ME TOO MOVEMENT, TIME'S UP AND ALL THE COURAGEOUS

WOMEN FROM HERE, FROM ALBANY, WHO EXPERIENCED FAR TOO MUCH ABUSE,

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NYS ASSEMBLY JUNE 19, 2019

SEXUAL HARASSMENT, MAKING THEIR LIVES MISERABLE. AND I THINK IT'S A

TRIBUTE TO THEM, THEIR TENACITY, THE TENACITY OF THE SPONSOR AND EVERYONE

ELSE HERE WHO WAS INVOLVED IN CRAFTING THIS LEGISLATION TO SAY THIS IS THE

BEGINNING OF A NEW CHAPTER HERE IN ALBANY AND EVERYWHERE ELSE. THAT

EVERYONE DESERVES RESPECT. YOU NEED TO BE FEARLESS IN THE FACE OF

ENTRENCHED POWER.

I THANK THE SPEAKER FOR RECOGNIZING THIS AND FOR

LETTING WOMEN LEAD ON THIS AND MANY OTHER ISSUES AND I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. QUART.

MR. QUART: BRIEFLY TO EXPLAIN MY VOTE. FIRST, I

WANT TO COMMEND THE SPONSOR ON HER INCREDIBLE WORK AND ALL THE OTHER

MEMBERS AND MY COLLEAGUES WHO WORKED WITH HER TO BRING THIS

LEGISLATION TO THE FLOOR. A RESPONSIVE LEGISLATURE IS ONE THAT HEARS THE

PUBLIC, LISTENS TO THE CRITICS AND HAS THE ABILITY TO SELF-CORRECT. WITH

THIS PIECE OF LEGISLATION, WE BEGIN THE LONG JOURNEY TO DEALING WITH THE

TROUBLED PAST BOTH IN THIS LEGISLATURE AND THROUGHOUT THE STATE OF NEW

YORK, AND FINALLY ADDRESS THROUGH LAW WHAT ARE DEEP HOLE OR OMISSIONS

IN OUR -- AND ON THE STATE LAW WHEN IT COMES TO SEXUAL HARASSMENT AND

SEXUAL DISCRIMINATION. BUT TO GO BEYOND THAT WE ALSO MUST LOOK AT

CULTURE, THE CULTURE THAT GIVES BORNE TO HARASSMENT BOTH IN PRIVATE

SECTOR AND WITHIN GOVERNMENT. A SPECIAL THANKS IN THIS REGARD GOES TO

THE WOMEN OF THE SEXUAL HARASSMENT WORKING GROUP. THEY WERE THE

IMPETUS. THEY WERE THE FORCE WORKING WITH US TO BRING MEANINGFUL

LEGISLATION. NOT JUST TO PUSH AND BE ADVOCATES, BUT TO WRITE LEGISLATION

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NYS ASSEMBLY JUNE 19, 2019

THAT, WORKING WITH THE SPONSOR, WE WERE ABLE TO BRING TOGETHER A

MEANINGFUL PIECE OF LEGISLATION. AND HOPEFULLY WITH THE CHANGE OF

CULTURE BRING ABOUT REAL PROGRESS FOR THE STATE OF NEW YORK.

I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. QUART IN THE

AFFIRMATIVE.

MR. GOTTFRIED.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER. I -- I

JUST WANT TO JOIN IN THANKING AND -- AND PRAISING THE WORK OF THE SEXUAL

HARASSMENT WORKING GROUP. YOU KNOW, THERE -- THERE WERE OTHER

ORGANIZATIONS INVOLVED, A COUPLE OF REALLY TERRIFIC EMPLOYMENT LAW

GROUPS THAT HELPED BRING THIS PACKAGE TOGETHER AND EXPLAIN IT, WHICH

WAS AN IMPORTANT PART. BUT THE SEXUAL HARASSMENT WORKING GROUP,

WE WOULD NOT BE HERE TODAY DOING THIS LEGISLATION WITHOUT THEIR EFFORT.

AND, YOU KNOW, IT JUST BRINGS TO MIND MARGARET MEAD'S FAMOUS SAYING

ABOUT HOW ESSENTIAL IT IS FOR A -- A SMALL GROUP OF DETERMINED

INDIVIDUALS TO CHANGE THE WORLD. AND WE'RE SEEING THE FRUITS OF THAT

EFFORT TODAY. AND I'M DELIGHTED TO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE

AFFIRMATIVE.

MS. SEAWRIGHT.

MS. SEAWRIGHT: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO COMMEND MY COLLEAGUE,

ASSEMBLYMEMBER SIMOTAS, THE WORKING GROUP FOR CONTINUALLY

FIGHTING FOR VULNERABLE INDIVIDUALS AND THOSE WHO WOULD HAVE SUFFERED

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NYS ASSEMBLY JUNE 19, 2019

UNIMAGINABLE ATTACKS. FOR CRIMES OF SEXUAL VIOLENCE IN PARTICULAR, IT'S

THE TRAUMA AND THE CULTURE OF SILENCE THAT PREVENTS VICTIMS FROM

SPEAKING OUT. THIS LAW WILL ALLOW THESE VICTIMS THE TIME THEY NEED TO

HEAL AND STILL HAVE THE OPPORTUNITY TO BRING CHARGES AGAINST THEIR

ATTACKERS. AND TODAY THIS IS A MAJOR STEP FORWARD AND I PROUDLY CAST

MY VOTE IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MS. SEAWRIGHT IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

THANK YOU.

PAGE 38, RULES REPORT NO. 3 -- 539. THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A08412, RULES REPORT

NO. 539, SIMOTAS, GALEF, LUPARDO, JAFFEE, REYES, LENTOL, L. ROSENTHAL,

SEAWRIGHT. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW AND THE CIVIL

PRACTICE LAW AND RULES, IN RELATION TO STATUTES OF LIMITATIONS FOR CERTAIN

SEX CRIMES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

MR. GOODELL.

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NYS ASSEMBLY JUNE 19, 2019

MR. GOODELL: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: THIS BILL HAS TWO COMPONENTS. THE

FIRST COMPONENT, WHICH I AM IN FAVOR OF AND SUPPORT COMPLETELY, IS AN

EXTENSION OF THE CRIMINAL STATUTE OF LIMITATIONS ON VARIOUS SEX CRIMES.

I THINK THAT'S AN IMPORTANT COMPONENT OF THIS BILL, AND -- AND I APPLAUD

THE SPONSOR'S INITIATIVE IN THAT AREA. THE SECOND COM -- PART OF THE BILL,

HOWEVER, EXTENDS THE STATUTE OF LIMITATIONS FOR A LARGE RANGE OF SEXUAL

ACTS THAT ARE INAPPROPRIATE FOR CIVIL ACTIONS FROM TYPICALLY ONE, THREE OR

FIVE YEARS TO 20 YEARS. AND WITH THE EXCEPTION OF SEXUAL ABUSE OF A

CHILD, WHICH WE CHANGED EARLIER THIS YEAR, THE STATUTE OF LIMITATIONS FOR

THIS TYPE OF ACTIVITY REFLECTS THE FACT THAT OFTEN THERE'S NO HARD EVIDENCE,

THERE'S NO DOCUMENTATION, THERE'S NO VIDEO, THERE'S NO WRITTEN

AGREEMENT. AND SO IT OFTEN COMES DOWN TO "HE SAID, SHE SAID." THOSE

TYPES OF SITUATIONS. AND SO LOOKING AT OUR OVERALL STATUTE OF

LIMITATIONS, WE TYPICALLY HAVE VERY SHORT STATUTE OF LIMITATIONS FOR

SITUATIONS THAT AREN'T DOCUMENTED, NOR CAN THEY BE DOCUMENTED, AND WE

HAVE LONGER STATUTE OF LIMITATIONS FOR WHERE THINGS ARE IN WRITING, SUCH

AS SIX-YEAR STATUTE OF LIMITATIONS FOR A WRITTEN CONTRACT. AND SO IT'S

ONLY THREE YEARS FOR NEGLIGENCE, THREE YEARS FOR CAR ACCIDENTS,

TWO-AND-A-HALF YEARS FOR MED MAL. SIX YEARS FOR CONTRACTS. TEN YEARS

FOR REAL ESTATE TRANSACTIONS LIKE DEEDS OR MORTGAGES THAT ARE NOT ONLY IN

WRITING, BUT NOTARIZED, ACKNOWLEDGED AND RECORDED. WELL THIS CREATES

A 20-YEAR STATUTE OF LIMITATIONS FOR THIS TYPE OF SITUATION. AND IT GOES

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ONE STEP FURTHER. IT ALSO IMPOSES CIVIL LIABILITY NOT ONLY ON THE PERSON

WHO WAS ACCUSED OF BEING ENGAGED IN THE SEXUAL MISCONDUCT, BUT IT

ALSO IMPOSES LIABILITY -- AND I'LL QUOTE THE BILL -- "... FOR A CLAIM AGAINST

ANY PARTY WHOSE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS ARE ALLEGED

TO HAVE RESULTED IN THE COMMISSION OF THE CONDUCT." THINK ABOUT THAT.

SOMEONE CAN BE SUED ALMOST 20 YEARS LATER BASED ON AN ALLEGATION THAT

THEY NEGLIGENTLY OMITTED TO DO SOMETHING. NOT EVEN THAT THEY WERE

INVOLVED IN THE ACT. AND IF YOU WANT A SIMPLE EXAMPLE, IF SOMEBODY

SAYS, WELL, I WAS A VICTIM AND, YOU KNOW, IF -- IF MY EMPLOYER HAD PUT

IN BETTER LIGHTING OR SECURITY OR IF MY BOYFRIEND OR GIRLFRIEND HAD

PICKED ME UP ON TIME OR ANY NUMBER OF THINGS BY THIRD PARTIES WHO

ACTUALLY HAD NOTHING TO DO WITH THE ACTUAL CRIME, THE THIRD PARTIES UNDER

THIS LANGUAGE COULD BE SUED FOR NEGLIGENT ACTS OR OMISSIONS THAT

ALLEGEDLY OCCURRED TWO DECADES AGO. THINK ABOUT THAT. TWO DECADES

AGO, WHERE WERE YOU? WHERE WERE YOU IN 1999, IN THE SUMMER OF

1999, AND WHAT DID YOU NEGLIGENTLY FORGET TO DO? THIS WOULD OPEN

YOU UP TO THAT TYPE OF LAWSUIT. I CAN'T SUPPORT THAT TYPE OF UNLIMITED

EXTENSION OF THE STATUTE OF LIMITATIONS THAT WOULD APPLY TO THIRD PARTIES

BASED ON NEGLIGENCE WHICH OTHERWISE WOULD HAVE A THREE-YEAR STATUTE

OF LIMITATIONS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

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NYS ASSEMBLY JUNE 19, 2019

(THE CLERK RECORDED THE VOTE.)

MR. O'DONNELL TO EXPLAIN HIS VOTE.

MR. O'DONNELL: IF YOU HANG AROUND HERE LONG

ENOUGH, ALL ISSUES WILL BE ADDRESSED FROM THREE DIFFERENT WAYS BY THREE

DIFFERENT PEOPLE WHO TOOK THREE DIFFERENT POSITIONS. AND FOUR OF THEM

WERE PROBABLY LAWYERS, AND ONE OF THEM CERTAINLY WAS ME. SO THIS IS A

VERY DIFFICULT SUBJECT TO DEAL WITH FOR ALL THE REASONS THAT THE PREVIOUS

SPEAKER ARTICULATED. HOWEVER, THE SOCIETY AND ITS VIEW ON MANY OF

THESE THINGS HAS EVOLVED. AND WHAT IT TAKES TO GET A PIECE OF

LEGISLATION LIKE THIS TO THE POINT WHERE IT IS TODAY IS YOU NEED SOMEONE

WITH COURAGE, WITH EXTRAORDINARY INTELLIGENCE, WITH A CAPACITY TO HEAR

"NO" AND THE WILLINGNESS TO CHANGE TO MAKE IT WORKABLE.

MY HAT GOES OFF TO THE SPONSOR FOR HER BRILLIANT JOB.

I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. O'DONNELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

THANK YOU. THANK YOU.

PAGE 43, RULES REPORT NO. 560. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08126-A, RULES

REPORT NO. 560, PAULIN, OTIS. AN ACT ESTABLISHING THE "GATEWAY

DEVELOPMENT COMMISSION ACT"; TO AMEND THE TRANSPORTATION LAW, IN

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NYS ASSEMBLY JUNE 19, 2019

RELATION TO CREATING THE GATEWAY DEVELOPMENT COMMISSION; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISION UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: THIS IS -- THIS IS CERTAINLY AN

AMBITIOUS PLAN AND I CAN APPRECIATE THAT. SOME OF THE CONCERNS THAT I

AND OTHER OF OUR COLLEAGUES HAVE RAISED THROUGHOUT THE COMMITTEE

PROCESS IS REALLY, I THINK, IN THIS PROJECT THERE ARE TOO MANY UNANSWERED

QUESTIONS, PARTICULARLY IN REGARDS TO FUNDING AND FUNDING

COMMITMENTS. THERE HAVE BEEN NO COST ESTIMATES PROVIDED OR NOTED AS

WE WENT THROUGH THIS PROCESS, BUT THERE'S NO DOUBT THIS PROJECT WILL

COST OUR -- OUR TAXPAYERS IN NEW YORK AND NEW JERSEY A LOT OF MONEY.

AND BOTH SO FAR HAVE BEEN UNSUCCESSFUL IN ATTAINING ANY FUNDS FROM

THE FEDERAL GOVERNMENT FOR THIS PROJECT. SO BEFORE WE -- WE GO AND

OPEN NEW YORK TAXPAYERS TO COMMIT TO FUNDING A SIGNIFICANT PROJECT

LIKE THIS, I'D THINK IT WOULD BE HELPFUL AND BETTER TO KNOW WHERE WE

STAND WITH THE FEDERAL GOVERNMENT, FOR EXAMPLE, AND WHERE WE STAND

WITH NEW JERSEY ON THIS PROJECT. AND CERTAINLY A -- A -- AN ESTIMATE OF

THE COST AND HOW MUCH THIS IS GOING TO COST NEW YORK TAXPAYERS, I

THINK, WOULD BE A BENEFICIAL THING FOR US TO HAVE BEFORE WE MOVE

FORWARD.

SO FROM MY PERSPECTIVE AND PROBABLY SOME -- FROM

SOME OF MY COLLEAGUES, UNTIL WE HAVE MORE OF THESE DETAILS AND

SPECIFICS RELATIVE TO COMMITMENTS AND FUNDING DOLLARS AND TO HAVE

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NYS ASSEMBLY JUNE 19, 2019

THOSE SPECIFICS, I'M GOING TO BE VOTING NO AND I'M GOING TO URGE MY

COLLEAGUES TO DO THE SAME. 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.)

MS. PAULIN TO EXPLAIN HER VOTE.

MS. PAULIN: THANK YOU, MR. SPEAKER. I JUST WANT

TO EXPLAIN TO MY COLLEAGUES THAT THIS WAS A SIX-WAY NEGOTIATION, AND

WE EXPECT THAT NEW JERSEY'S LEGISLATURE IS GOING TO ALSO PASS THE

IDENTICAL BILL. THE BILL WOULD ESTABLISH THE BISTATE GATEWAY

DEVELOPMENT COMMISSION TO ACT AS A COORDINATING AGENCY FOR THE

FACILITATION OF PROJECTS RELATED TO THE STRETCH OF THE NORTHEAST CORRIDOR

RAILWAY BETWEEN NEWARK, NEW JERSEY AND PENN STATION, INCLUDING THE

REHABILITATION AND CONSTRUCTION OF TUNNELS UNDER THE HUDSON RIVER,

WHICH WE ALL KNOW WERE DEVASTATED AFTER SANDY. SO IT'S A GREAT

ACCOMPLISHMENT. WE NEED THE COMMISSION SET UP SO THAT WHEN WE DO

RECEIVE THE FEDERAL MONEY WE'RE ABLE TO DO THESE PROJECTS.

SO I WANT TO THANK ALL INVOLVED, ESPECIALLY THE STAFF

WHO WORKED EXTRAORDINARILY HARD AND VERY LATE HOURS TO GET THIS DONE.

SO THANK YOU, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. PAULIN IN THE

AFFIRMATIVE.

MR. QUART.

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MR. QUART: THANK YOU. TO EXPLAIN MY VOTE. I'M

IN SUPPORT OF THIS LEGISLATION, AND I'VE READ AND REREAD IT. I WOULD JUST

LIKE TO SAY FOR THE RECORD, IF THIS DEBATE IS EVER LOOKED AT IN THE PAST THAT

THIS LEGISLATION DOES NOT CONTEMPLATE, DOES NOT WRITE, DOES NOT INCLUDE

ANY LAW ENFORCEMENT AUTHORITY, DOES NOT INCLUDE A SPECIAL PROSECUTOR

OR EVEN CONTEMPLATE THAT. SO IN THE EVENT WE ARE ENGAGED IN THE IDEA

BY THE EXECUTIVE THAT A SPECIAL PROSECUTOR OR ANYTHING OF THAT NATURE

SHOULD ATTACH TO THIS LEGISLATION, I WILL LET THE LEGISLATION STAND ON ITS

OWN WORDS AND EXPLAIN THAT NONE SUCH EXISTS.

I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. QUART IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL PASSES.

PAGE 33, RULES REPORT NO. 511. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07636-B, RULES

REPORT NO. 511, BRAUNSTEIN, RODRIGUEZ, FALL, D. ROSENTHAL, WEPRIN,

EICHENSTEIN, DENDEKKER. AN ACT TO AUTHORIZE, FOR CERTAIN PUBLIC WORKS

UNDERTAKEN PURSUANT TO PROJECT LABOR AGREEMENTS, USE OF THE ALTERNATIVE

DELIVERY METHOD KNOWN AS DESIGN-BUILD CONTRACTS; AND PROVIDING FOR

THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

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NYS ASSEMBLY JUNE 19, 2019

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

WE'LL STEP BACK.

MR. RA.

AN EXPLANATION IS REQUESTED, MR. BRAUNSTEIN.

MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER. THIS

BILL WOULD ALLOW CERTAIN NEW YORK CITY AGENCIES TO USE THE ALTERNATIVE

DELIVERY METHOD KNOWN AS DESIGN-BUILD FOR THE NEXT THREE YEARS.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. YOU CAN -- THE

SPONSOR CAN SIT.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK -- THANK YOU, ED. JUST -- JUST

QUICKLY ON THIS. YOU KNOW, ONE OF THE CONCERNS THAT WAS RAISED, YOU

KNOW, WE'RE SEEING INCREASING DESIGN-BUILD BEING UTILIZED. I KNOW IT

WAS USED ON THE TAPPAN ZEE BRIDGE, AND I KNOW THE CITY OF NEW YORK

IS SUPPORTIVE OF THIS PROPOSAL. BUT IT DOES ALSO INCLUDE A PROJECT LABOR

AGREEMENT, WHICH, YOU KNOW, ARE USED IN DIFFERENT TYPES OF SETTINGS.

WE ACTUALLY HAVE A NUMBER OF DIFFERENT BILLS THAT WE MAY OR MAY NOT

CONSIDER BEFORE THE END OF SESSION THAT -- THAT REQUIRE SIMILAR -- SIMILAR

TYPES OF AGREEMENTS. BUT THERE -- THE CONCERN THAT HAS BEEN RAISED IN

WRITING WAS -- WAS THAT THAT MIGHT, YOU KNOW, COMPLICATE OR -- OR

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NYS ASSEMBLY JUNE 19, 2019

MITIGATE SOME OF THE -- THE SAVINGS THAT WOULD BE PROVIDED BY UTILIZING

A DESIGN-BUILD PROCESS, WHICH IS -- WHICH IS TYPICALLY UTILIZED TO -- TO

MOVE A PROJECT FORWARD QUICKLY AND -- AND VERY EFFICIENTLY BECAUSE IT --

IT IS LITERALLY WHAT IT -- WHAT IT SAYS. IT'S, YOU KNOW, YOU DESIGN AND

MOVE FORWARD THROUGH EACH OF THE STAGES. SO FOR THAT REASON, SOME OF

OUR COLLEAGUES MIGHT BE CASTING THEIR VOTE IN THE NEGATIVE. BUT I -- I DO

UNDERSTAND THAT, YOU KNOW, WITHIN THE CITY OF NEW YORK, WHERE THIS

APPLIES, THAT THE MAYOR'S OFFICE IS -- IS SUPPORTIVE OF -- OF THIS PIECE OF

LEGISLATION. BUT AGAIN, MOVING ANY TYPE OF PROJECT FORWARD, I THINK WE

ALWAYS HAVE TO BALANCE THESE TYPES OF DIFFERENT CONCERNS, WHETHER --

WHETHER IT'S THE PACE THAT THE PROJECT CAN MOVE WITH BY UTILIZING DESIGN

CONCEPTS, BUT THEN ALSO THE LABOR SIDE OF IT AND HOW THAT IMPACTS THE

COST AND THE PACE AT WHICH A PROJECT CAN MOVE FORWARD.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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. RODRIGUEZ TO EXPLAIN HIS VOTE.

MR. RODRIGUEZ: THANK YOU, MR. SPEAKER, FOR

GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE AND THANK THE SPONSOR

AND ITS PREVIOUS SPONSOR, MR. BENEDETTO, FOR THEIR HARD WORK IN TERMS

OF CRAFTING THIS LEGISLATION. THIS IS -- THIS BILL IS SIMPLY IS ABOUT GIVING

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NYS ASSEMBLY JUNE 19, 2019

PEOPLE -- THE CITY THE OPPORTUNITY TO BUILD PROJECTS FASTER, BETTER AND

WITH MORE EFFICIENCIES THAN WE HAVE SEEN BEFORE. THIS IMPACTS OUR

PARKS. THIS IMPACTS OUR BRIDGES. THIS IMPACTS MANY OF THE THINGS IN

OUR COMMUNITIES THAT BECAUSE OF THE PROCUREMENT PROCESS THEY HAVE TO

BREAK INTO PIECES AND COST A SIGNIFICANT AMOUNT IN TIME AS WELL AS COST

OVERRUNS AS A RESULT OF DISCREPANCIES BETWEEN POTENTIAL DESIGN AND

POTENTIAL CONSTRUCTION BIDS THAT ARE -- THAT ARE DONE SEPARATELY AND THEN

HAVE TO BE ALIGNED WHEN YOU ACTUALLY GO TO CREATE THE PROJECT. SO THIS

HAS TAKEN A NUMBER OF DIFFERENT DIFFICULT NEGOTIATIONS AMONG

STAKEHOLDERS IN THE CITY, BOTH WITH LABOR AS WELL AS THE TRADES AND THE

CITY TO BE ABLE TO GET TO THIS -- TO THIS POINT. AND I WANT TO THANK THE

SPONSORS FOR BRINGING THIS LEGISLATION. WE HAVE SEEN IT AS A TOOL IN THE

BUDGET AS A NEGOTIATING POINT AMONGST VARIOUS PARTIES, AND I'M GLAD

THAT WE'RE ABLE TO ACTUALLY CONSIDER IT ON ITS MERITS AND -- AND MOVE THIS

VERY IMPORTANT COMPONENT OF -- OF CONSTRUCTION FOR THE CITY SO THAT WE

CAN ALL BENEFIT FROM BETTER PROJECTS.

THANK YOU. I WITHDRAW MY REQUEST AND VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. RODRIGUEZ IN THE

AFFIRMATIVE.

MR. BENEDETTO.

MR. BENEDETTO: THANK YOU, MR. CHAIRMAN, FOR

ALLOWING TO SPEAK AND EXPLAIN MY VOTE. I WANT TO COMPLIMENT THE

SPONSOR OF THIS BILL. I WAS SPONSORING A -- A SIMILAR BILL OVER THE LAST

FOUR, FIVE YEARS. I COULDN'T BRING IT IN. MR. BRAUNSTEIN IS TO BE

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NYS ASSEMBLY JUNE 19, 2019

CONGRATULATED. HE BROUGHT IT OVER THE FINISH LINE AND WE FINALLY SCORED

A TOUCHDOWN FOR THE CITY OF NEW YORK. WE HOPE THEY USE THIS NEW

ELEMENT WELL.

THANK YOU, MR. SPEAKER, FOR LETTING ME INTERRUPT THE

PROCEEDINGS. I VOTE YEA.

ACTING SPEAKER AUBRY: MR. BENEDETTO IN THE

AFFIRMATIVE.

MRS. GALEF TO EXPLAIN HER VOTE.

MRS. GALEF: I JUST HAVE A VERY QUICK COMMENT. I

THINK THIS IS WONDERFUL FOR NEW YORK CITY. I DON'T KNOW WHY IT

DOESN'T APPLY THROUGHOUT THE STATE. YESTERDAY I THINK WE HAD A BILL ON

THE WICKS LAW THAT WAS FOR -- TO EXEMPT SCHOOL CONSTRUCTION FROM THE

WICKS LAW FOR NEW YORK CITY, BUT WE CAN'T DO IT FOR THE REST OF THE

STATE. SO I THINK HOPE -- HOPEFULLY NEXT YEAR WE CAN GET BOTH OF THESE

DONE FOR THE REST OF THE STATE.

THANK YOU.

ACTING SPEAKER AUBRY: MRS. GALEF 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, WE CAN

PLEASE GO BACK TO OUR MAIN CALENDAR, RULES REPORT NO. 442 ON PAGE

19 [SIC] ON CONSENT, AND WE'LL JUST GO STRAIGHT THROUGH AND FOLLOW THAT

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NYS ASSEMBLY JUNE 19, 2019

UNTIL WE -- MR. COYNE TELLS US TO STOP.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01512-A, RULES

REPORT NO. 442, RICHARDSON, ORTIZ, BARRON, JOYNER, CARROLL, LENTOL,

WRIGHT, PERRY, DILAN, MOSLEY, QUART, HYNDMAN, ROZIC, RODRIGUEZ,

PHEFFER AMATO, DE LA ROSA, VANEL, NIOU, GALEF, BUCHWALD,

EICHENSTEIN, FERNANDEZ, OTIS, TAYLOR, FALL, DICKENS, JEAN-PIERRE,

BLAKE, RIVERA, REYES. AN ACT DIRECTING THE METROPOLITAN

TRANSPORTATION AUTHORITY TO RENAME CERTAIN SUBWAY STATIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

RICHARDSON, 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.

THE CLERK: ASSEMBLY NO. A03606-A, RULES

REPORT NO. 445, ROZIC, LAVINE, MOSLEY, D. ROSENTHAL, NOLAN,

WALLACE, FAHY, VANEL, BICHOTTE, BLAKE, RYAN, WEPRIN, PHEFFER AMATO,

BARNWELL, L. ROSENTHAL, RICHARDSON, SIMON, JOHNS, FITZPATRICK,

ABBATE, DINOWITZ, ORTIZ, DE LA ROSA, DICKENS, FERNANDEZ, EPSTEIN,

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NYS ASSEMBLY JUNE 19, 2019

BARRETT, GALEF, DENDEKKER, COLTON, D'URSO, PICHARDO, REYES, COOK,

AUBRY, SCHMITT, STERN, DESTEFANO, GIGLIO, MCDONOUGH, CRUZ, JOYNER,

FALL, TAYLOR, BRAUNSTEIN, EICHENSTEIN, GOTTFRIED, RAYNOR, RIVERA,

HYNDMAN, SEAWRIGHT, GRIFFIN, GLICK. AN ACT TO AMEND THE EXECUTIVE

LAW, IN RELATION TO POLICIES AND PROCEDURES REGARDING HATE CRIMES AND

ESTABLISHING A HATE CRIMES TRAINING PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

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.

THE CLERK: ASSEMBLY NO. A04366-A, RULES

REPORT NO. 446, AUBRY, CRUZ. AN ACT TO AMEND CHAPTER 450 OF THE

LAWS OF 2017, AUTHORIZING THE CITY OF NEW YORK TO DISCONTINUE CERTAIN

PARKLAND FOR THE PURPOSE OF CONSTRUCTION AND OPERATION OF A

PRE-KINDERGARTEN CENTER WITH A FOCUS ON INSTRUCTION IN SCIENCE,

TECHNOLOGY, ENGINEERING AND MATHEMATICS, IN RELATION TO ADJUSTING THE

BOUNDARIES OF SUCH LAND TO BE DISCONTINUED AND THE REVERSION OF SUCH

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NYS ASSEMBLY JUNE 19, 2019

LANDS BACK TO THE CITY OF NEW YORK IF SUCH LAND IS NOT USED FOR SUCH

PURPOSE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A04417-A, RULES

REPORT NO. 447, DENDEKKER, COLTON, M.G. MILLER, DICKENS, COOK,

D'URSO, TAYLOR, NIOU, MOSLEY, SOLAGES, MCDONOUGH, MONTESANO, RA,

LAWRENCE, GOTTFRIED. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO REQUIRING CHARTER BUSES TO USE COMMERCIAL GLOBAL

POSITIONING SYSTEM TECHNOLOGY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

DENDEKKER, 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

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NYS ASSEMBLY JUNE 19, 2019

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. A05021, RULES REPORT

NO. 448, ABBATE, GRIFFIN. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO DISABILITY RETIREMENT BENEFITS FOR SHERIFFS,

DEPUTY SHERIFFS, UNDERSHERIFFS AND CORRECTION OFFICERS IN NASSAU

COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A05324, RULES REPORT

NO. 449, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY

LAW, IN RELATION TO PROVIDING PERFORMANCE OF DUTY DISABILITY RETIREMENT

BENEFITS FOR AMBULANCE MEDICAL TECHNICIAN SUPERVISORS, AMBULANCE

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NYS ASSEMBLY JUNE 19, 2019

MEDICAL TECHNICIAN COORDINATORS AND AMBULANCE MEDICAL TECHNICIANS IN

NASSAU COUNTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A06193-A, RULES

REPORT NO. 450, LAVINE. AN ACT TO AMEND THE GENERAL BUSINESS LAW

AND THE -- THE EXECUTIVE LAW, IN RELATION TO HOME HEATING SYSTEM

CONVERSION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06293-B, RULES

REPORT NO. 451, WEINSTEIN, COLTON. AN ACT TO AMEND THE LOCAL

FINANCE LAW, IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF

NEW YORK, THE ISSUANCE OF BONDS OR NOTES WITH VARIABLE RATES OF

INTEREST, INTEREST RATE EXCHANGE AGREEMENTS OF THE CITY OF NEW YORK,

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NYS ASSEMBLY JUNE 19, 2019

THE REFUNDING OF BONDS, AND THE DOWN PAYMENT FOR PROJECTS FINANCED

BY BONDS; TO AMEND THE NEW YORK STATE FINANCIAL EMERGENCY ACT FOR

THE CITY OF NEW YORK, IN RELATION TO A PLEDGE AND AGREEMENT OF THE

STATE; AND TO AMEND CHAPTER 142 OF THE LAWS OF 2004, AMENDING THE

LOCAL FINANCE LAW RELATING TO INTEREST RATE EXCHANGE AGREEMENTS OF THE

CITY OF NEW YORK AND REFUNDING BONDS OF SUCH CITY, IN RELATION TO THE

EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WEINSTEIN, 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.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. AS I SPOKE, IT SEEMED LIKE A FEW YEARS AGO, BUT I THINK IT MAY

HAVE ACTUALLY BEEN EARLIER THIS WEEK, THIS LAW, ALONG WITH A FEW OTHERS,

WAIVES COMPETITIVE BIDDING REQUIREMENT FOR THE SALE OF BONDS FOR THE

CITY OF NEW YORK. THIS ALLOWS THE CITY OF NEW YORK TO SELL LITERALLY

BILLIONS OF DOLLARS WORTH OF INTEREST-PAYING BONDS WITHOUT THE NECESSITY

OF GOING THROUGH COMPETITIVE BIDDING. AND UNFORTUNATELY, WHEN YOU

SIDESTEP COMPETITIVE BIDDING, YOU OPEN THE DOOR FOR POTENTIAL

FAVORITISM, HIGHER INTEREST RATES, LOWER BENEFIT TO THE TAXPAYERS. THE

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NYS ASSEMBLY JUNE 19, 2019

REASON WE ALLOWED NEW YORK CITY TO GO WITH A PRIVATE SALE ORIGINALLY

DATES BACK ABOUT 40 YEARS AGO WHEN THEY HAD A FINANCIAL CRISIS AND

THEY COULDN'T SELL THE BONDS. AND SO THE ONLY WAY THEY COULD SELL THEIR

DEBT WHEN THEY WERE FACING IMMINENT BANKRUPTCY WAS THROUGH PRIVATE

SALE. I'M HOPEFUL THAT'S NOT THE SITUATION TODAY, AND SO I DON'T SEE A

REASON WHY WE DON'T WANT NEW YORK CITY TO SELL ITS BONDS THROUGH A

COMPETITIVE BID PROCESS, IN AN OPEN, TRANSPARENT MANNER DESIGNED TO

GET THE BEST PRICE FOR THE CITY OF NEW YORK AND ALL OF ITS RESIDENTS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL. MR. GOODELL IN THE NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

WE ARE GOING TO RETURN TO RULES REPORT NO. 450 ON

PAGE 20.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06193-A, RULES

REPORT NO. 450, LAVINE. AN ACT TO AMEND THE GENERAL BUSINESS LAW

AND THE EXECUTIVE LAW, IN RELATION TO HOME HEATING SYSTEM CONVERSION.

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.

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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.

WE'LL GO BACK TO RULES REPORT NO. 452. THE CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A06294-A, RULES

REPORT NO. 452, WEINSTEIN. AN ACT TO AMEND THE GENERAL MUNICIPAL

LAW AND THE NEW YORK STATE FINANCIAL EMERGENCY ACT FOR THE CITY OF

NEW YORK, IN RELATION TO CERTAIN VARIATIONS FROM GENERALLY ACCEPTED

ACCOUNTING PRINCIPLES AS APPLIED TO THE BUDGET AND ACCOUNTS OF THE CITY

OF NEW YORK.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WEINSTEIN, 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.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. MANY OF YOU

KNOW THAT THERE ARE GENERALLY-ACCEPTED ACCOUNTING PRINCIPLES THAT

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APPLY BOTH IN THE GOVERNMENT CONTEXT AND IN PRIVATE CONTEXT. AND THE

REASON WHY WE HAVE NATIONAL STANDARDS IS SO THAT ANYONE CAN PICK UP

THE FINANCIAL STATEMENTS AND UNDERSTAND WHAT THEY MEAN, WHAT THEY

COVER, WHAT THEY DON'T COVER. AND THERE'S A -- IT'S VERY HELPFUL BOTH IN

UNDERSTANDING THEM AND IN TRANSPARENCY. THIS BILL ALLOWS NEW YORK

CITY TO VARY FROM GENERALLY-ACCEPTED ACCOUNTING PRINCIPLES FOR THE

PURPOSE OF DETERMINING HOW MUCH THEY HAVE IN A DEFICIT. AND I THINK

IT BEHOOVES US AS A LEGISLATURE TO EXPECT NEW YORK CITY, ESPECIALLY

WHEN THEY'RE REPORTING ON THEIR DEFICIT, TO USE GENERALLY-ACCEPTED

ACCOUNTING PRINCIPLES SO THAT EVERYONE UNDERSTANDS EXACTLY WHAT THOSE

STATEMENTS MEAN RATHER THAN THE CUSTOM-DESIGNED ACCOUNTING

PRINCIPLES THAT THEY COME UP WITH TO SUIT THEIR NEEDS, WHICH ARE NOT

OPEN AND TRANSPARENT.

FOR THAT REASON, I WILL NOT BE SUPPORTING THIS. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06314, RULES REPORT

NO. 453, HUNTER. AN ACT TO AUTHORIZE MORGAN MCDOLE, BARAAKA J.

TITUS AND DAVID DUNLAP TO ELECT TO PARTICIPATE IN THE OPTIONAL 20-YEAR

RETIREMENT PLAN FOR FIREFIGHTERS EMPLOYED BY THE CITY OF SYRACUSE FIRE

DEPARTMENT IN THE COUNTY OF ONONDAGA.

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ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A06489, RULES REPORT

NO. 454, GUNTHER. AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW,

IN RELATION TO ASSISTANCE WITH AGGREGATING, PROCESSING AND TRANSPORTING

AGRICULTURAL PRODUCTS FOR PRODUCERS AND PROCESSORS.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

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NYS ASSEMBLY JUNE 19, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07014-A, RULES

REPORT NO. 455, JACOBSON. AN ACT TO AUTHORIZE THE CITY OF NEWBURGH,

IN THE COUNTY OF ORANGE, TO OFFER AN OPTIONAL 20-YEAR RETIREMENT PLAN

TO POLICE OFFICER SAMUEL KENAN, JR.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A07246-B, RULES

REPORT NO. 456, L. ROSENTHAL, QUART, RICHARDSON, CARROLL, WEPRIN,

SIMON, GOTTFRIED. AN ACT TO AMEND THE SOCIAL SERVICES LAW AND THE

PUBLIC HEALTH LAW, IN RELATION TO MEDICATION FOR THE TREATMENT OF

SUBSTANCE USE DISORDERS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

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THE CLERK: ASSEMBLY NO. A07250-B, RULES

REPORT NO. 457, FALL, JEAN-PIERRE, BUTTENSCHON, FRONTUS, DICKENS,

GRIFFIN, CRUZ, COOK, JAFFEE, SAYEGH, D'URSO, PICHARDO. AN ACT TO

AMEND THE GENERAL BUSINESS LAW, IN RELATION TO TRAMPOLINE PARK

SAFETY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. FALL TO EXPLAIN HIS VOTE.

MR. FALL: THANK YOU, MR. SPEAKER. SO, AS WE

KNOW, TRAMPOLINE PARKS ARE BECOMING MORE AND MORE POPULAR

THROUGHOUT THE COUNTRY AND THROUGHOUT THE STATE. AND, YOU KNOW, THIS

-- YOU KNOW, WHEN YOU GO TO A TRAMPOLINE PARK, YOU GO WITH THE INTENT

TO HAVE FUN, HAVE A GOOD TIME. BUT, UNFORTUNATELY, THAT'S NOT THE CASE

FOR MANY KIDS. IN 2013 WE SAW 2,500 REPORTED INJURIES. IN 2017 THAT

NUMBER WENT UP TO 18,000. ALL RIGHT? SO BASICALLY, THIS LEGISLATION

WOULD REQUIRE BUSINESSES TO BE PERMITTED, MAKE SURE THAT SAFETY

GUIDELINES ARE POSTED AND ON THEIR YEARLY INSPECTIONS, AND THAT ALSO,

STAFF IS TRAINED ON -- TO MAKE SURE THAT THEY'RE READY FOR ANY INCIDENTS.

SO, WITH THAT BEING SAID, I -- YOU KNOW, WE WANT OUR BUSINESSES TO

FLOURISH, BUT AT THE SAME TIME I WANT PEOPLE TO HAVE FUN SAFELY.

I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

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NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: MR. FALL VOTES IN

AFFIRMATIVE.

MS. DICKENS TO EXPLAIN HER VOTE.

MS. DICKENS: THANK YOU SO MUCH, MR. SPEAKER. I

WANT TO COMMEND MY COLLEAGUE FOR BRINGING THIS TO OUR ATTENTION.

OFTENTIMES WHEN WE TALK ABOUT PARKS WE DON'T OFTEN THINK ABOUT THE

TRAMPOLINE AND THERE BEING UNSAFE CONDITIONS. SO THIS IS -- IS

SOMETHING THAT WILL PREVENT OUR YOUTH AND THE ADULTS FROM HAVING AN

UNSAFE CONDITION WHEN THEY'RE AT THE PARK ENJOYING THEMSELVES.

I WITHDRAW MY VOTE AND I ASK THAT I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. DICKENS IN THE

AFFIRMATIVE.

MR. DIPIETRO.

MR. DIPIETRO: THANK YOU, SIR, TO EXPLAIN MY VOTE.

I COMMEND THE SPONSOR. I'VE GOT A DAUGHTER AND I TAKE MY -- I TAKE HER

AND MY NIECES AND NEPHEWS TO A NUMBER OF TRAMPOLINE PARKS. THEY

LOVE IT. BUT EVERY TIME I'M THERE I SEE KIDS WALKING OUT WITH -- I MEAN,

JUST -- JUST ALWAYS GETTING HURT. AND MY NIECE FRACTURED HER ARM, MY

NEPHEW SPRAINED HIS ANKLE. AND I JUST -- I CRINGE EVERY TIME I GO

THERE, THAT JUST THERE JUST NEEDS TO BE A LITTLE BIT MORE SAFETY WITH ALL

THESE KIDS RUNNING AROUND.

SO I COMMEND THE SPONSOR. IT IS A PROBLEM AND I

HOPE WE CAN TAKE CARE OF IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. MR.

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NYS ASSEMBLY JUNE 19, 2019

DIPIETRO IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07441-A, RULES

REPORT NO. 458, RYAN. AN ACT TO DIRECT THE DEPARTMENT OF EDUCATION

TO STUDY THE FREQUENCY OF RESIDENTS WHO ARE BEING ASSESSED LIBRARY

TAXES FOR MORE THAN ONE LIBRARY DISTRICT AND TO MAKE RECOMMENDATIONS

TO PREVENT THE DOUBLE TAXATION OF RESIDENTS; AND PROVIDING FOR THE

REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

RYAN, 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.

THE CLERK: ASSEMBLY NO. A07615-A, RULES

REPORT NO. 460, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO ESTABLISHING A 25-YEAR RETIREMENT PLAN FOR

FIREFIGHTERS EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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NYS ASSEMBLY JUNE 19, 2019

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07748-A, RULES

REPORT NO. 461, L. ROSENTHAL, GRIFFIN, WEPRIN. AN ACT TO AMEND THE

CIVIL SERVICE LAW, IN RELATION TO EQUAL PAY FOR SIMILAR WORK

PROTECTIONS FOR PROTECTED CLASSES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07772-A, RULES

REPORT NO. 462, GLICK. AN ACT TO AUTHORIZE THE CITY OF NEW YORK TO

DISCONTINUE THE USE AS PARK LAND OF A PORTION OF REAL PROPERTY IN THE

COUNTY OF NEW YORK AND TO GRANT EASEMENTS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.)

277

NYS ASSEMBLY JUNE 19, 2019

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07777, RULES REPORT

NO. 463, GOTTFRIED, ENGLEBRIGHT, DINOWITZ, D. ROSENTHAL, RAIA,

LUPARDO. AN ACT TO AMEND THE GENERAL BUSINESS LAW AND THE PUBLIC

HEALTH LAW, IN RELATION TO FINANCIAL LIABILITY AND DISCLOSURE FOR FUNERAL

HOMES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

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.

THE CLERK: ASSEMBLY NO. A07784-A, RULES

REPORT NO. 464, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO ESTABLISHING ACCIDENTAL DISABILITY

RETIREMENT FOR CORRECTION OFFICERS, CORRECTION SUPERVISORS, DEPUTY

SHERIFF PATROL AND DEPUTY SHERIFF PATROL SUPERVISORS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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NYS ASSEMBLY JUNE 19, 2019

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.

THE CLERK: ASSEMBLY NO. A07846-A, RULES

REPORT NO. 465, PAULIN, OTIS. AN ACT TO AUTHORIZE THE COMMISSIONER

OF GENERAL SERVICES TO TRANSFER AND CONVEY CERTAIN STATE LAND TO THE

CITY OF NEW ROCHELLE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A07890, RULES REPORT

NO. 466, HUNTER. AN ACT TO AUTHORIZE THE CITY OF SYRACUSE, IN THE

COUNTY OF ONONDAGA, TO OFFER AN OPTIONAL 20-YEAR RETIREMENT PLAN TO

POLICE OFFICER THOMAS R. NICOLINI.

279

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK, AS IS A FISCAL NOTE.

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.

THE CLERK: ASSEMBLY NO. A07936-A, RULES

REPORT NO. 467, ARROYO, BLAKE, REYES, M.G. MILLER, D'URSO,

GOTTFRIED, RIVERA, CRUZ, GLICK. AN ACT TO AMEND THE STATE FINANCE

LAW, IN RELATION TO PROHIBITING STATE CONTRACTS WITH VENDORS THAT FORBID

EMPLOYEES FROM LITIGATING DISCRIMINATION OR HARASSMENT CLAIMS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A07986, RULES REPORT

NO. 468, GRIFFIN, ENGLEBRIGHT, D'URSO, REYES. AN ACT TO AMEND THE

ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO ELIMINATING THE

INSTALLATION OR COVERING OF MERCURY-CONTAINING FLOORING IN ELEMENTARY

AND SECONDARY SCHOOLS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

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NYS ASSEMBLY JUNE 19, 2019

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.)

MS. GRIFFIN TO EXPLAIN HER VOTE.

MS. GRIFFIN: THANK YOU FOR LETTING ME EXPLAIN MY

VOTE. MERCURY-CONTAINING FLOORING HAS BEEN AROUND SINCE THE 1960'S IN

ELEMENTARY AND SECONDARY SCHOOL GYMNASIUMS AND CAN BE DETRIMENTAL

TO A CHILD'S DEVELOPING BODY. HEALTH EXPERT SAYS THAT MERCURY VAPOR

CAN ACCUMULATE IN THE BODY AND EVENTUALLY AFFECT BRAIN FUNCTION. ALSO,

MERCURY CONCENTRATION LEVELS INCREASE DURING WARMER WEATHER AND

WHEN VENTILATION SYSTEMS ARE SHUT OFF. WHEN PARENTS SEND THEIR

CHILDREN TO SCHOOL, THEY WANT TO ENSURE THAT THEIR CHILDREN ARE IN A SAFE,

SECURE AND ENRICHING LEARNING ENVIRONMENT. PARENTS DO NOT EXPECT THAT

THEIR CHILDREN COULD BE HARMED BY A COLORLESS, ODORLESS VAPOR.

FORTUNATELY, WE CAN PREVENT THIS FROM HAPPENING. THIS PAST APRIL

THROUGH MAY, WE HAD THREE INCIDENTS ON LONG ISLAND OF THREE SCHOOLS

THAT DETECTED HIGH LEVELS OF VAPOR.

I HOPE MY COLLEAGUES WILL JOIN ME IN PASSING THIS BILL

IN ORDER TO PHASE OUT THE INSTALLATION OF MERCURY-CONTAINING FLOORING IN

ELEMENTARY AND SECONDARY PUBLIC AND PRIVATE SCHOOLS TO SAVE OUR

CHILDREN AND THE CHILDREN OF NEW YORK STATE FROM A NEUROTOXIN THAT

CAN DETRIMENTALLY IMPACT A CHILD'S DEVELOPMENT. THANK YOU. I WILL BE

VOTING YES.

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NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

CONGRATULATIONS, MS. GRIFFIN. IS THIS YOUR FIRST, AM I

TOLD? NO? WELL, LET'S HEAR IT FOR THE SECOND.

(APPLAUSE)

SOMETIMES THE SECOND IS BETTER THAN THE FIRST.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07996-A, RULES

REPORT NO. 469, THIELE. AN ACT -- AN ACT AUTHORIZING THE ALIENATION OF

CERTAIN PARKLANDS IN THE TOWN OF SOUTHHAMPTON, COUNTY OF SUFFOLK.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A08093-A, RULES

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NYS ASSEMBLY JUNE 19, 2019

REPORT NO. 470, MCMAHON, COLTON. AN ACT TO AMEND THE LABOR LAW,

IN RELATION TO PROHIBITING WAGE DIFFERENTIALS BASED ON PROTECTED CLASS

STATUS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08099, RULES REPORT

NO. 471, THIELE. AN ACT TO AUTHORIZE THE TOWN OF BROOKHAVEN, COUNTY

OF SUFFOLK, TO ALIENATE CERTAIN PARKLANDS AND TO DEDICATE OTHER LANDS AS

PARKLANDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A08171-A, RULES

REPORT NO. 473, SANTABARBARA. AN ACT TO AMEND THE VEHICLE AND

TRAFFIC LAW, IN RELATION TO REQUIRING STRETCH LIMOUSINES TO USE

COMMERCIAL GLOBAL POSITIONING SYSTEM TECHNOLOGY.

283

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

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.

THE CLERK: ASSEMBLY NO. A08172-A, RULES

REPORT NO. 474, SANTABARBARA. AN ACT TO AMEND THE VEHICLE AND

TRAFFIC LAW, IN RELATION TO PENALTIES FOR U-TURN VIOLATIONS COMMITTED

BY OPERATORS OF STRETCH LIMOUSINES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 365 DAYS.

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.

THE CLERK: ASSEMBLY NO. A08184, RULES REPORT

NO. 476, BYRNE, GALEF. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE

CONTROL LAW, IN RELATION TO EXEMPTING CERTAIN LAND FROM THE PROVISIONS

OF LAW WHICH GENERALLY RESTRICT MANUFACTURERS, WHOLESALERS AND

284

NYS ASSEMBLY JUNE 19, 2019

RETAILERS FROM SHARING AN INTEREST IN A LIQUOR LICENSE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

BYRNE, 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.)

ASSEMBLYMEMBER BYRNE TO EXPLAIN HIS VOTE.

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

ME TO INTERRUPT TO EXPLAIN MY VOTE. THIS IS A GREAT BILL. I THINK IT'S THE

BEST BILL IN THE ENTIRE YEAR.

(LAUGHTER)

NO, BUT IT'S ACTUALLY A VERY IMPORTANT BILL TO MY

DISTRICT. THIS LEGISLATION WILL ALLOW A PENDING MULTI-MILLION-DOLLAR

DISTILLERY PROJECT IN THE TOWN OF CARMEL TO MOVE FORWARD. NEW YORK

STATE MAY NOT ALWAYS HAVE THE BEST REPUTATION FOR ITS BUSINESS CLIMATE,

BUT IT'S STILL PART OF OUR -- OUR JOB AS LEGISLATORS TO PARTNER WITH OUR

COLLEAGUES IN LOCAL AND COUNTY GOVERNMENT TO ENCOURAGE ECONOMIC

GROWTH AND JOB CREATION. THIS WOULD ALLOW THE ALEXANDRIAN GROUP'S

DISTILLERY PROJECT IN CARMEL TO BRING IN NEARLY $50 MILLION IN CAPITAL

INVESTMENT TO THE STATE. IT HAS THE POTENTIAL TO BRING IN OVER 100

QUALITY JOBS TO THE AREA TO EASE THE LOCAL PROPERTY TAX BURDEN ON THE

RESIDENTS OF PUTNAM COUNTY, THE TOWN OF CARMEL AND THE CARMEL

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NYS ASSEMBLY JUNE 19, 2019

CENTRAL SCHOOL DISTRICT. WITHIN THE 94TH ASSEMBLY DISTRICT, WE'RE

ALREADY FACING NEARLY 100 JOBS -- LOSING NEARLY 100 JOBS FROM THE

PENDING CLOSURE OF INDIAN POINT. SO THIS PROJECT WILL PROVIDE A

SIGNIFICANT BOOST TO OUR LOCAL -- LOCAL ECONOMY, TOURISM SECTOR AND TAX

BASE.

I INTRODUCED THIS LEGISLATION LESS THAN THREE WEEKS AGO.

IN MY LIMITED EXPERIENCE IN THIS CHAMBER, INTRODUCING AND PASSING THIS

TYPE OF LEGISLATION IN LESS THAN THREE WEEKS IS TRULY REMARKABLE AND A

RARITY IN ALBANY, AND YET HERE WE ARE, GETTING IT DONE. I WANT TO MAKE

SURE I GIVE SPECIAL THANKS TO THE CHAIRMAN OF ECONOMIC DEVELOPMENT,

MR. SCHIMMINGER; THE CHAIRMAN OF CODES, MR. LENTOL; THE SPEAKER;

OUR MINORITY LEADER, BRIAN KOLB; ASSEMBLYMEMBER GALEF FOR

CO-SPONSORING THIS PROPOSAL; AND BOTH THE MAJORITY AND MINORITY STAFF

FOR THEIR WORK IN HELPING US MOVE THIS BILL FORWARD IN SUCH A SHORT

TIMELINE.

I WILL BE VOTING IN THE AFFIRMATIVE, MR. SPEAKER, AND I

URGE ALL MY COLLEAGUES TO VOTE YES. THANK YOU.

ACTING SPEAKER AUBRY: MODESTY BECOMES

YOU.

(LAUGHTER)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08223-A, RULES

REPORT NO. 477, CROUCH. AN ACT TO AMEND THE HIGHWAY LAW, IN

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NYS ASSEMBLY JUNE 19, 2019

RELATION TO NAMING A SECTION OF ROUTE 8 IN THE VILLAGE OF SIDNEY THE

"SIDNEY VETERANS' MEMORIAL HIGHWAY."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CROUCH, 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.

THE CLERK: ASSEMBLY NO. A08235, RULES REPORT

NO. 478, LIFTON. AN ACT IN RELATION TO AUTHORIZING THE TOWN OF ITHACA,

COUNTY OF TOMPKINS, TO ALIENATE AND CONVEY CERTAIN PARCELS OF LAND

USED AS PARKLANDS.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK.

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.

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NYS ASSEMBLY JUNE 19, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08284-A, RULES

REPORT NO. 479, SANTABARBARA. AN ACT TO AUTHORIZE THE CITY OF

AMSTERDAM, IN THE COUNTY OF MONTGOMERY, TO FINANCE A CERTAIN DEFICIT

BY THE ISSUANCE OF BONDS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

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.

THE CLERK: ASSEMBLY NO. A08302, RULES REPORT

NO. 480, MAGNARELLI, SANTABARBARA. AN ACT TO AMEND THE

TRANSPORTATION LAW, IN RELATION TO ALLOWING THE COMMISSIONER OF

TRANSPORTATION TO IMPOUND STRETCH LIMOUSINES IN CERTAIN SITUATIONS.

ACTING SPEAKER AUBRY: READ THE -- READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

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NYS ASSEMBLY JUNE 19, 2019

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.

THE CLERK: ASSEMBLY NO. A08308, RULES REPORT

NO. 481, ZEBROWSKI. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO PROHIBITING RETAIL DEALERS OF SECOND-HAND MOTOR VEHICLES

FROM SELLING MOTOR VEHICLES MANUFACTURED ON OR AFTER SEPTEMBER 1ST,

1979 UNLESS SUCH VEHICLE IS EQUIPPED WITH A FUNCTIONING INFLATABLE

RESTRAINT SYSTEM WHICH CONFORMS TO THE FEDERAL MOTOR VEHICLE SAFETY

STANDARD APPLICABLE TO THAT VEHICLE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A08320, RULES REPORT

NO. 482, CYMBROWITZ. AN ACT TO AMEND THE PRIVATE HOUSING FINANCE

LAW, IN RELATION TO THE POWERS OF THE NEW YORK STATE HOUSING FINANCE

AGENCY, WITH RELATION TO AN INCREASE IN BOND AND NOTE AUTHORIZATION; TO

AMEND CHAPTER 514 OF THE LAWS OF 1983 AMENDING THE PRIVATE

HOUSING FINANCE LAW AND THE REAL PROPERTY TAX LAW RELATING TO THE

POWERS OF THE NEW YORK STATE HOUSING FINANCE AGENCY TO FINANCE

CERTAIN MULTI-FAMILY HOUSING AND CHAPTER 396 OF THE LAWS OF 1984,

AMENDING THE PRIVATE HOUSING FINANCE LAW AND THE REAL PROPERTY TAX

LAW RELATING TO THE POWERS OF THE NEW YORK STATE HOUSING FINANCE

AGENCY TO FINANCE CERTAIN MULTI-FAMILY HOUSING, IN RELATION TO THE

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EFFECTIVENESS OF SUCH CHAPTERS; TO AMEND CHAPTER 915 OF THE LAWS OF

1982 AMENDING THE PUBLIC AUTHORITIES LAW, RELATING TO THE POWERS OF

THE STATE OF NEW YORK MORTGAGE AGENCY, IN RELATION TO THE EFFECTIVE

DATE THEREOF; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE

POWERS OF THE STATE OF NEW YORK MORTGAGE AGENCY; TO AMEND CHAPTER

555 OF THE LAWS OF 1989 AMENDING THE PUBLIC AUTHORITIES LAW AND

OTHER LAWS RELATING TO ESTABLISHING A NEW YORK STATE INFRASTRUCTURE

TRUST FUND, IN RELATION TO THE EFFECTIVE DATE THEREOF; TO AMEND CHAPTER

172 OF THE LAWS OF 2002, AMENDING THE PUBLIC AUTHORITIES LAW

RELATING TO THE POWERS OF THE STATE OF NEW YORK MORTGAGE AGENCY, IN

RELATION TO EXTENDING THE PROVISIONS THEREOF; TO AMEND CHAPTER 208 OF

THE LAWS OF 2010 AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO THE

POWERS OF THE STATE OF NEW YORK MORTGAGE AGENCY, IN RELATION TO

EXTENDING THE PROVISIONS THEREOF; AND TO AMEND CHAPTER 246 OF THE

LAWS OF 2010 AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO THE

POWERS OF THE STATE OF NEW YORK MORTGAGE AGENCY, IN RELATION TO

EXTENDING THE PROVISIONS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CYMBROWITZ, 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.)

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NYS ASSEMBLY JUNE 19, 2019

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A08342, RULES REPORT

NO. 483, ABBATE. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

TERMS AND CONDITIONS OF EMPLOYMENT FOR MEMBERS OF THE COLLECTIVE

NEGOTIATING UNIT CONSISTING OF INVESTIGATORS, SENIOR INVESTIGATORS, AND

INVESTIGATIVE SPECIALISTS IN THE DIVISION OF STATE POLICE; TO AMEND THE

STATE FINANCE LAW, IN RELATION TO THE EMPLOYEE BENEFIT FUND FOR

MEMBERS OF SUCH UNIT; MAKING AN APPROPRIATION THEREFOR; AND REPEALING

CERTAIN PROVISIONS OF THE EXECUTIVE LAW AND THE STATE FINANCE LAW

RELATING THERETO (PART A); AND TO PROVIDE FOR THE ADJUSTMENT OF STIPENDS

OF CERTAIN INCUMBENTS IN THE STATE UNIVERSITY OF NEW YORK AND

DESIGNATING MONEYS THEREFOR; TO CONTINUE A DOCTORAL PROGRAM

RECRUITMENT AND RETENTION ENHANCEMENT FUND; TO CONTINUE WORK-LIFE

SERVICES AND PRE-TAX PROGRAMS; TO CONTINUE A PROFESSIONAL DEVELOPMENT

COMMITTEE; TO CONTINUE A COMPREHENSIVE COLLEGE GRADUATE PROGRAM

RECRUITMENT AND RETENTION FUND; TO CONTINUE A FEE MITIGATION FUND;

TO CONTINUE A DOWNSTATE LOCATION FUND; TO CONTINUE A JOINT LABOR

MANAGEMENT ADVISORY BOARD; TO CONTINUE AN ACCIDENTAL DEATH BENEFIT;

PROVIDING COMPENSATION FOR CERTAIN STATE EMPLOYEES IN THE STATE

UNIVERSITY THAT ARE DESIGNATED, STIPULATED, OR EXCLUDED FROM

NEGOTIATING UNITS AS MANAGERIAL OR CONFIDENTIAL PURSUANT TO ARTICLE 14

OF THE CIVIL SERVICE LAW AND CERTAIN EMPLOYEES OF CONTRACT COLLEGES AT

CORNELL AND ALFRED UNIVERSITIES; AND MAKING AN APPROPRIATION THEREFOR

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NYS ASSEMBLY JUNE 19, 2019

(PART B).

ACTING SPEAKER AUBRY: ON MR. ABBATE'S

MOTION, 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.

THE CLERK: ASSEMBLY NO. A00436-A, RULES

REPORT NO. 484, PAULIN, GALEF, SCHIMMINGER, MAGNARELLI, JAFFEE,

LUPARDO, ENGLEBRIGHT, M.G. MILLER, OTIS, GOTTFRIED, THIELE, JACOBSON,

D'URSO. AN ACT TO AMEND THE TOWN LAW AND THE VILLAGE LAW, IN

RELATION TO REQUIRING LOCAL BUILDING AND PLANNING REGULATIONS TO

ACCOMMODATE THE USE OF CERTAIN RENEWABLE AND ALTERNATIVE ENERGY

SOURCES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00567-C, RULES

REPORT NO. 485, L. ROSENTHAL, COLTON, PAULIN, ARROYO, BARRON, CARROLL,

STECK, WALKER, RAMOS, ABINANTI, HYNDMAN, JEAN-PIERRE, DICKENS,

292

NYS ASSEMBLY JUNE 19, 2019

PEOPLES-STOKES, SEAWRIGHT, RYAN, ORTIZ, DE LA ROSA, FAHY, BENEDETTO,

GLICK, PERRY, D'URSO, RAIA, GARBARINO, DINOWITZ, RICHARDSON, OTIS,

GOTTFRIED, ROZIC, CUSICK, SIMON, WOERNER, MOSLEY, BUCHWALD,

WALLACE, AUBRY, BICHOTTE, QUART, GALEF, STIRPE, LUPARDO, CRESPO,

SANTABARBARA, WILLIAMS, M.L. MILLER, WEPRIN, B. MILLER, TAYLOR,

NORRIS, DAVILA, EPSTEIN, NIOU, REYES, BURKE, BRAUNSTEIN, FALL,

ZEBROWSKI, STERN, SIMOTAS, BRONSON, LIPETRI, REILLY, HUNTER, SMITH,

COOK, PRETLOW, MCMAHON, GRIFFIN, LAVINE, SAYEGH, JACOBSON,

BARNWELL, ABBATE, DESTEFANO, PHEFFER AMATO, MORINELLO, RIVERA,

BLAKE, FRONTUS, BUTTENSCHON, DILAN, M.G. MILLER, MAGNARELLI, CRUZ,

SOLAGES, D. ROSENTHAL. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

ENACTING THE "NEW YORK CALL CENTER JOBS ACT."

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE THE SPONSOR'S DESIRE TO TRY TO ENCOURAGE CALL CENTERS TO STAY

IN NEW YORK. THE PROBLEM IS, THOUGH, AS IDENTIFIED BY THE CALL CENTERS

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NYS ASSEMBLY JUNE 19, 2019

THEMSELVES IS THIS BILL WOULD REQUIRE THAT THEY REPAY ANY GRANTS THEY

GOT FOR LOCATING HERE IN THE FIRST PLACE, OR CERTAINLY PRO RATA SHARE. IT

ALSO WOULD RESTRICT THEIR ABILITY TO OPERATE THEIR BUSINESS FLEXIBLY TO

REFLECT THE CHANGING MARKET CONDITIONS. AND AS A RESULT, THE CALL

CENTERS HAVE INDICATED THAT IF THIS BILL BECOMES LAW IT'S LIKELY THEY'LL

REDUCE EMPLOYMENT AND NEW YORK WILL BE MUCH LESS ATTRACTIVE FOR CALL

CENTERS IN THE FUTURE. SOMETIMES OUR BEST-INTENDED LEGISLATION HAS THE

OPPOSITE RESULT. AND IF WE REQUIRE CALL CENTERS TO AGREE IN ADVANCE THAT

THEY'LL NEVER REDUCE THEIR EMPLOYMENT BELOW A CERTAIN LEVEL OR LOCATE

ANY OPERATIONS OUTSIDE THE STATE, IT WILL HAVE A DELETERIOUS IMPACT ON

THEM AND THAT WILL BE REFLECTED IN LOWER EMPLOYMENT HERE.

FOR THAT REASON, I'LL BE VOTING NO.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

THANK YOU, THANK YOU, THANK YOU. WE APPRECIATE

YOUR SILENCE.

THE CLERK: ASSEMBLY NO. A01108-B, RULES

REPORT NO. 486, L. ROSENTHAL, SIMON, JAFFEE, JOYNER, BARRETT, DICKENS,

GLICK, ARROYO, JEAN-PIERRE, HYNDMAN, BICHOTTE, RICHARDSON, GOTTFRIED,

MOSLEY, PICHARDO, TAYLOR, BARON, LAVINE, SOLAGES. AN ACT TO AMEND

THE ELECTION LAW, IN RELATION TO THE USE OF CAMPAIGN FUNDS FOR

294

NYS ASSEMBLY JUNE 19, 2019

CHILDCARE EXPENSES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

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.

THE CLERK: ASSEMBLY NO. A01966, RULES REPORT

NO. 487, DINOWITZ, PEOPLES-STOKES, PAULIN, GOTTFRIED, L. ROSENTHAL,

ZEBROWSKI, CRESPO, WEPRIN, JAFFEE, GALEF, CAHILL, COLTON, LIFTON,

ABINANTI, HEVESI, COOK, STIRPE, STECK, LUPARDO, GUNTHER, MOSLEY,

ORTIZ, PERRY, SANTABARBARA, SIMOTAS, JEAN-PIERRE, M.G. MILLER, ARROYO,

JOYNER, FAHY, OTIS, HUNTER, BARRETT, SEAWRIGHT, LAVINE, TAYLOR, RAIA,

MONTESANO, SMITH, ENGLEBRIGHT, BUCHWALD, SIMON, GRIFFIN, RA,

JACOBSON, BARRON, D'URSO, STERN, REYES, DESTEFANO, LIPETRI, LENTOL.

AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO CREATING THE

STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

295

NYS ASSEMBLY JUNE 19, 2019

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02100, RULES REPORT

NO. 488, PERRY. AN ACT TO AMEND CHAPTER 658 OF THE LAWS OF 2002,

AMENDING THE EDUCATION LAW, RELATING TO CITIZENSHIP REQUIREMENTS FOR

PERMANENT CERTIFICATION AS A TEACHER, IN RELATION TO EXTENDING THE

EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

PERRY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

HOME RULE -- NO -- HOME -- 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.)

MR. PERRY TO EXPLAIN HIS VOTE.

MR. PERRY: THANK YOU, MR. SPEAKER. AND LET ME

THANK MY COLLEAGUE, THE CHAIR OF THE EDUCATION COMMITTEE, WHO WAS

VERY COOPERATIVE AND WORKED AND PARTICIPATED IN HER EFFORTS TO GET THIS

BILL TO THE FLOOR. THIS BILL WAS FIRST INTRODUCED IN 2002. IT PASSED THE

HOUSE, WAS SIGNED INTO LAW, PROVIDED FOR IMMIGRANT TEACHERS WHO HAD

WORKED IN THE -- CERTIFIED IN THEIR OWN COUNTRIES TO GAIN PERMANENT --

TO GAIN CERTIFICATION TO ALLOW THEM TO TEACH, AS THEY LOVE TO, IN THE NEW

YORK CITY SCHOOL SYSTEM. IT WAS RENEWED IN 2007, AGAIN IN 2012, AND

I'M REALLY PLEASED TO SEE THAT IT'S BECOME A PERMANENT LAW IN OUR STATE.

SO I THANK THE SPEAKER AND ALL OF THE -- THE STAFF THAT WORKED HARD TO

296

NYS ASSEMBLY JUNE 19, 2019

GET US TO THIS STAGE, AND I THANK MY COLLEAGUES. I THANK THE -- ON THE

OTHER SIDE OF THE HOUSE WHO HELPED GET IT HERE, TOO, SO THAT WE CAN PASS

IT ON CONSENT.

THANK YOU, MR. SPEAKER. THANK YOU ALL FOR VOTING

YES.

ACTING SPEAKER AUBRY: MR. PERRY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04676-B, RULES

REPORT NO. 489, STEC. AN ACT IN RELATION TO PERMITTING ESSEX COUNTY TO

ENTER INTO A MUNICIPAL COOPERATIVE AGREEMENT FOR EMERGENCY MEDICAL

SERVICES AND GENERAL AMBULANCE SERVICES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

STEC, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

HOME RULE MESSAGE IS AT THE DESK.

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.

297

NYS ASSEMBLY JUNE 19, 2019

THE CLERK: ASSEMBLY NO. A04739-A, RULES

REPORT NO. 490, FAHY, THIELE, GOTTFRIED, L. ROSENTHAL, EPSTEIN, ORTIZ,

GALEF, STIRPE, JAFFEE, DINOWITZ, MAGNARELLI, ROMEO, LIFTON, CARROLL,

COLTON, STERN, D'URSO, MOSLEY, PAULIN, REYES, PERRY, STECK, WALLACE,

GRIFFIN, ABINANTI, JONES, BUCHWALD, BARRON, QUART, SIMON. AN ACT TO

AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE USE OF

PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN FOOD PACKAGING.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

FAHY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05061-A, RULES

REPORT NO. 491, RAYNOR. AN ACT IN RELATING -- IN RELATION TO PERMITTING

IGLESIA LA LUZ DEL MUNDO, INC., TO FILE AN APPLICATION FOR CERTAIN REAL

PROPERTY TAX EXEMPTIONS.

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.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06006, RULES REPORT

NO. 492, PALUMBO, DESTEFANO. AN ACT TO AMEND CHAPTER 699 OF THE

LAWS OF 1947, RELATING TO AUTHORIZING THE CREATION OF FISHERS ISLAND

298

NYS ASSEMBLY JUNE 19, 2019

FERRY DISTRICT IN THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, IN RELATION TO

AUTHORIZING AN INCREASE IN PRINCIPAL OF BONDS ISSUED FOR THE ACQUISITION,

CONSTRUCTION, EQUIPMENT AND OPERATION OF A PUBLIC FERRY FOR HIRE FROM

FISHERS ISLAND ACROSS WATERS OF LONG ISLAND SOUND, SUBJECT TO

REFERENDUM.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

PALUMBO, 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.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06342, RULES REPORT

NO. 493, MANKTELOW. AN ACT TO AUTHORIZE BRAD STEVE TO RECEIVE

CERTAIN SERVICE CREDIT UNDER SECTION 384-D OF THE RETIREMENT AND SOCIAL

SECURITY LAW.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. HOME RULE MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

299

NYS ASSEMBLY JUNE 19, 2019

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. A06468, RULES REPORT

NO. 494, STERN. AN ACT TO AUTHORIZE THE ASSESSOR OF THE TOWN OF

HUNTINGTON, COUNTY OF SUFFOLK, TO ACCEPT FROM THE SOUTH HUNTINGTON

UNION FREE SCHOOL DISTRICT AN APPLICATION FOR EXEMPTION FROM REAL

PROPERTY TAXES.

ACTING SPEAKER AUBRY: ON A MOTION -- ON A

MOTION BY MR. STERN -- STERN, 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.

THE CLERK: ASSEMBLY NO. A06560-A, RULES

REPORT NO. 495, WALCZYK, DESTEFANO, MANKTELOW, SAYEGH,

MCDONOUGH, BLANKENBUSH, MONTESANO, BARCLAY, LAWRENCE, B. MILLER.

AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO DESIGNATING A PORTION

300

NYS ASSEMBLY JUNE 19, 2019

OF THE STATE HIGHWAY SYSTEM AS THE "CHARLES 'CHUCK' KELLY MEMORIAL

HIGHWAY."

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

WALCZYK, 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.)

MR. WALCZYK TO EXPLAIN HIS VOTE.

MR. WALCZYK: THANK YOU, MR. SPEAKER. AS MY

FIRST BILL, I AM SO HONORED TO HONOR A MAN, CHUCK KELLY. HE WAS A

NEWSMAN'S NEWSMAN. THIS WAS YOUR COMMUNITY GUY IN OGDENSBURG,

MR. OGDENSBURG, NEW YORK, THAT FOUGHT SO HARD FOR THE ST. LAWRENCE

PSYCH CENTER, FOUGHT VERY HARD FOR THE OGDENSBURG PRISONS OVER AND

OVER AGAIN. HE -- HE WAS A GUY THAT WAS VERY INVOLVED IN THE BOYS AND

GIRLS CLUB IN OGDENSBURG. REALLY MR. COMMUNITY, AND WE ARE SO

HONORED TO NAME A SHORT STRETCH OF HIGHWAY ALONG ROUTE 37 THROUGH

OGDENSBURG IN HIS HONOR.

SO, THANK YOU TO ALL MY COLLEAGUES FOR SUPPORTING THIS,

AND I APPRECIATE THE TIME. I VOTE AYE.

ACTING SPEAKER AUBRY: MR. WALCZYK VOTES

AYE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

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NYS ASSEMBLY JUNE 19, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

SO FOR YOU AND CHUCK, CONGRATULATIONS. IT'S YOUR FIRST

BILL.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06588-A, RULES

REPORT NO. 496, STEC. AN ACT TO AMEND CHAPTER 491 OF THE LAWS OF

2018 RELATING TO INCORPORATING THE VOLUNTEER EXEMPT FIREFIGHTER'S

BENEVOLENT ASSOCIATION OF WHITEHALL, NEW YORK AND PROVIDING FOR ITS

POWERS AND DUTIES, IN RELATION TO THE DISPOSITION OF FOREIGN FIRE

INSURANCE PREMIUM TAXES RECEIVED BY SUCH CORPORATION.

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.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06659-A, RULES

REPORT NO. 497, JEAN-PIERRE. AN ACT IN RELATION TO AUTHORIZING THE

TOWN OF BABYLON TO BE ABLE TO GRANT AHMADIYYA MOVEMENT IN ISLAM,

INC. OF AMITYVILLE A PROPERTY TAX EXEMPTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

302

NYS ASSEMBLY JUNE 19, 2019

JEAN-PIERRE, 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.

THE CLERK: ASSEMBLY NO. A06670-B, RULES

REPORT NO. 498, SALKA. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION

TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM IN THE TOWN OF

HARTWICK AS THE "SERGEANT JOHN KEMPE WINSLOW MEMORIAL HIGHWAY."

ACTING SPEAKER AUBRY: ON A MISSION -- ON A

MOTION BY MR. SALKA, 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.

303

NYS ASSEMBLY JUNE 19, 2019

THE CLERK: ASSEMBLY NO. A06787-B, RULES

REPORT NO. 499, WALLACE, EPSTEIN, MOSLEY, M.G. MILLER, SIMON,

GOTTFRIED, L. ROSENTHAL, REYES, OTIS, SIMOTAS, QUART. AN ACT TO AMEND

THE EDUCATION LAW, IN RELATION TO THE USE OF BIOMETRIC IDENTIFYING

TECHNOLOGY.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06840-B, RULES

REPORT NO. 500, M.L. MILLER. AN ACT AUTHORIZING THE VILLAGE OF ISLAND

PARK TO -- TO RETROACTIVELY APPLY FOR A REAL PROPERTY TAX EXEMPTION FOR

CERTAIN PROPERTY.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

MILLER, 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.

THE CLERK: ASSEMBLY NO. A06987-A, RULES

REPORT NO. 501, SOLAGES. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO REQUIRING THE DEPARTMENT OF HEALTH OF THE STATE OF NEW

YORK TO CONDUCT A STUDY OF THE EFFECTS OF RACIAL AND ETHNIC DISPARITIES

304

NYS ASSEMBLY JUNE 19, 2019

ON INFANT MORTALITY AND PREPARE AND SUBMIT A REPORT TO THE GOVERNOR

AND THE LEGISLATURE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06991-A, RULES

REPORT NO. 502, GARBARINO. AN ACT TO AMEND THE TOWN LAW, IN

RELATION TO THE NOMINATION OF FIRE DISTRICT OFFICERS IN THE FAIR HARBOR

FIRE DISTRICT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH

DAY.

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.)

305

NYS ASSEMBLY JUNE 19, 2019

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07011-B, RULES

REPORT NO. 503, RAYNOR. AN ACT TO AUTHORIZE THE ASSESSOR OF THE

COUNTY OF NASSAU TO ACCEPT AN APPLICATION FOR EXEMPTION FROM REAL

PROPERTY TAXES FROM IGLESIA LONG ISLAND PARA CRISTO INC. FOR A CERTAIN

PARCEL IN THE TOWN OF HEMPSTEAD.

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.)

ACTING SPEAKER DENDEKKER: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07219-C, RULES

REPORT NO. 504, FAHY, EPSTEIN, PAULIN, SIMON. AN ACT TO AMEND THE

VEHICLE AND TRAFFIC LAW, IN RELATION TO THE IDENTIFICATION OF

TRANSPORTATION NETWORK COMPANY DRIVERS AND VEHICLES.

ACTING SPEAKER DENDEKKER: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER DENDEKKER: THE CLERK WILL

RECORD THE VOTE.

306

NYS ASSEMBLY JUNE 19, 2019

(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. A07234, RULES REPORT

NO. 505, THIELE, ENGLEBRIGHT, D'URSO, GRIFFIN, STERN, JEAN-PIERRE,

LIPETRI, DESTEFANO, RAIA, PALUMBO. AN ACT TO AMEND THE COUNTY LAW,

IN RELATION TO AUTHORIZING THE COUNTIES OF NASSAU AND SUFFOLK TO WAIVE

CERTAIN FEES FOR VETERAN'S ORGANIZATIONS.

ACTING SPEAKER DENDEKKER: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER DENDEKKER: 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. A07354-A, RULES

REPORT NO. 506, DESTEFANO. AN ACT IN RELATION TO AUTHORIZING THE

TOWN OF BROOKHAVEN TO GRANT MARYHAVEN CENTER OF HOPE, INC. OF EAST

PATCHOGUE A PROPERTY TAX EXEMPTION.

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MR. DESTEFANO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL

IS ADVANCED.

307

NYS ASSEMBLY JUNE 19, 2019

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER DENDEKKER: 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. A07493, RULES REPORT

NO. 507, THIELE. AN ACT IN RELATION TO THE DESIGNATION OF THE EAST

HAMPTON -- EAST HAMPTON VOLUNTEER OCEAN RESCUE AND AUXILIARY

SQUAD AS AN EMERGENCY RESCUE AND FIRST AID SQUAD PURSUANT TO THE

GENERAL MUNICIPAL LAW AND PERMITTING MEMBERS TO DISPLAY GREEN

LIGHTS ON MOTOR VEHICLES WHEN ENGAGED IN EMERGENCY OPERATION

PURSUANT TO THE VEHICLE AND TRAFFIC LAW.

ACTING SPEAKER DENDEKKER: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER DENDEKKER: 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. A07538-A, RULES

308

NYS ASSEMBLY JUNE 19, 2019

REPORT NO. 508, BENEDETTO, CRUZ, ASHBY. AN ACT TO AMEND THE

EDUCATION LAW, IN RELATION TO INCLUDING BUS DRIVERS AND MONITORS AS

SCHOOL PERSONNEL FOR POLICIES AND PROCEDURES CONCERNING SCHOOL SAFETY

PLANS.

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MR. BENEDETTO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL

IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER DENDEKKER: 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. A07599, RULES REPORT

NO. 509, DINOWITZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND

RULES, IN RELATION TO ADMISSIBILITY OF AN OPPOSING PARTY'S STATEMENT.

ACTING SPEAKER DENDEKKER: THE BILL IS LAID

ASIDE.

THE CLERK: ASSEMBLY NO. A07601, RULES REPORT

NO. 510, DINOWITZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND

RULES, IN RELATION TO THE PRIVILEGE BETWEEN A PERSONAL REPRESENTATIVE

AND THE ATTORNEY TO LIFETIME TRUSTEES.

309

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MR. DINOWITZ, 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 DENDEKKER: 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. A07667, RULES REPORT

NO. 512, RAYNOR, COOK, SIMON, GLICK, RAMOS, GOTTFRIED, NOLAN,

JOYNER, SAYEGH, THIELE, EPSTEIN, STECK, MCDONOUGH, DENDEKKER,

ROMEO, TITUS, WRIGHT, BLAKE, SMULLEN. AN ACT ESTABLISHING THE 400

YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION; AND PROVIDING FOR

THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MS. RAYNOR, 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 DENDEKKER: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

310

NYS ASSEMBLY JUNE 19, 2019

MS. RAYNOR TO EXPLAIN HER VOTE.

MS. RAYNOR: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. THE ENORMOUS CONTRIBUTIONS THAT

AFRICAN-AMERICANS HAVE MADE TO THIS PLANET ARE OFTEN OVERLOOKED.

AFRICAN-AMERICANS ARE RESPONSIBLE FOR INCREDIBLE ADVANCEMENTS IN

TECHNOLOGY, CUISINE, HEALTH, INDUSTRY, AND, OF COURSE, THE ARTS AND

CULTURE. AFRICAN-AMERICANS ARE RESPONSIBLE FOR THE CREATION,

DEVELOPMENT AND ADVANCEMENT OF THIS GREAT COUNTRY AND STATE. EVERY

SINGLE DAY I EXPRESS GRATITUDE FOR MY ANCESTORS AND MY PEOPLE, BUT

ESPECIALLY TODAY AS WE CELEBRATE JUNETEENTH, THIS IS A VERY, VERY SPECIAL

BILL. I WOULD LIKE TO THANK THE SENATOR FOR BELIEVING IN ME AND PUSHING

THIS BILL FORWARD IN HIS COMMISSION BECAUSE WE REALLY HAVE TO DO A LOT

BETTER TO ACKNOWLEDGE THE PEOPLE WHO HAVE BUILT THIS COUNTRY.

I WANT TO GO ON RECORD AND SAY THAT I'VE HEARD A LOT

THIS SESSION ABOUT IMMIGRATION. I'VE HEARD PEOPLE SAY THAT IF YOU ARE

NOT OF NATIVE AMERICAN DESCENDANTS, THEN YOU ARE AN IMMIGRANT.

WELL, I'D LIKE TO SAY THAT AFRICAN-AMERICANS ARE NOT IMMIGRANTS. WE

DID NOT CHOOSE TO COME HERE. WE DIDN'T COME HERE ON A CRUISE SHOP.

SO I WOULD LIKE TO SAY THAT I VIEW MY PEOPLE MORE AS HOSTAGES WHO

CAME HERE TO GIVE TO THIS COUNTRY.

SO I WOULD LIKE TO SAY THANK YOU VERY MUCH, AND, OF

COURSE, I VOTE IN THE AFFIRMATIVE FOR THIS BILL. THANK YOU.

ACTING SPEAKER DENDEKKER: MS. RAYNOR IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

311

NYS ASSEMBLY JUNE 19, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07708, RULES REPORT

NO. 513, OTIS, GALEF. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION

TO THE SCHEDULING OF ANNUAL MEETINGS OF BOARDS OF EDUCATION.

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MR. OTIS, 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 DENDEKKER: 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. A07756-A, RULES

REPORT NO. 514, GOTTFRIED. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE

CONTROL LAW, IN RELATION TO LICENSING RESTRICTIONS FOR MANUFACTURERS AND

WHOLESALERS OF ALCOHOLIC BEVERAGES ON LICENSEES WHO SELL AT RETAIL FOR

ON-PREMISES CONSUMPTION; AND PROVIDING FOR THE REPEAL OF CERTAIN

PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MR. GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL

IS ADVANCED.

312

NYS ASSEMBLY JUNE 19, 2019

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER DENDEKKER: 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. A07762, RULES REPORT

NO. 515, BYRNES. AN ACT TO VALIDATE CERTAIN ACTS OF THE MOUNT MORRIS

CENTRAL SCHOOL DISTRICT WITH REGARD TO CERTAIN CAPITAL IMPROVEMENT

PROJECTS.

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MS. BYRNES, 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 DENDEKKER: 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.

CONGRATULATIONS, MS. BYRNES, ON YOUR FIRST BILL.

(APPLAUSE)

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NYS ASSEMBLY JUNE 19, 2019

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07776, RULES REPORT

NO. 516, DENDEKKER. AN ACT TO AMEND THE DOMESTIC RELATIONS LAW,

IN RELATION TO THE DESIGNATION OF PERSONS WHO MAY PERFORM MARRIAGE

CEREMONIES IN CERTAIN CITIES.

ACTING SPEAKER DENDEKKER: ON A MOTION

BY MR. DENDEKKER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE --

ACTING SPEAKER DENDEKKER: HOME RULE

MESSAGE IS AT THE DESK.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER DENDEKKER: 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.

MRS. PEOPLES-STOKES.

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

PLEASE CALL ON MR. OTIS AND MR. CROUCH FOR AN ANNOUNCEMENT?

ACTING SPEAKER DENDEKKER: MR. OTIS FOR AN

ANNOUNCEMENT.

MR. OTIS: THERE WILL BE AN IMMEDIATE MEETING OF

314

NYS ASSEMBLY JUNE 19, 2019

THE DEMOCRATIC CONFERENCE UPON OUR BEING PUT AT EASE BY THE MAJORITY

LEADER IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER DENDEKKER: IMMEDIATE

DEMOCRATIC CONFERENCE IN THE SPEAKER'S CONFERENCE ROOM.

MR. CROUCH FOR AN ANNOUNCEMENT.

MR. CROUCH: THANK YOU, MR. SPEAKER. THEY'LL BE

AN IMMEDIATE REPUBLICAN CONFERENCE IN THE PARLOR.

ACTING SPEAKER DENDEKKER: AN IMMEDIATE

REPUBLICAN PARLOR IN THE --

(LAUGHTER)

AN IMMEDIATE REPUBLICAN CONFERENCE IN THE PARLOR.

WE'RE GOING TO GET IT RIGHT, MR. CROUCH.

MRS. PEOPLES-STOKES.

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

CALL US INTO RECESS UNTIL THE COMPLETION OF THE PARTY CONFERENCES?

ACTING SPEAKER DENDEKKER: THE HOUSE

STANDS IN RECESS.

(WHEREUPON, THE HOUSE STOOD IN RECESS.)

****AFTER THE RECESS

ACTING SPEAKER D. ROSENTHAL: THE HOUSE

WILL COME BACK TO ORDER.

MRS. PEOPLES-STOKES.

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

315

NYS ASSEMBLY JUNE 19, 2019

GO TO OUR DEBATE CALENDAR AND GO TO RULES REPORT NO. 182. IT'S ON

PAGE 7 BY MR. BURKE. AND RULES REPORT NO. 291, IT'S ON PAGE 12 BY

MR. HEVESI. AND THEN WE'RE GOING TO GO TO THE CALENDAR, 404,

CALENDAR NO. 404 -- EXCUSE ME, 404. IT'S ON PAGE 67 BY MRS. GUNTHER.

AND 493 IS ON PAGE 72 BY MS. HUNTER. IN THAT ORDER, MR. SPEAKER.

ACTING SPEAKER D. ROSENTHAL: THE CLERK

WILL READ.

THE CLERK: ASSEMBLY NO. A07675-A, RULES

REPORT NO. 182, BURKE. AN ACT TO AMEND THE PARKS, RECREATION AND

HISTORIC PRESERVATION LAW, IN RELATION TO REQUIRING AN EVALUATION OF THE

IMPACTS OF THE CLOSURE OF PUBLIC ACCESS TO ANY LAND OWNED OR OPERATED

BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.

ACTING SPEAKER D. ROSENTHAL: ON A

MOTION BY MR. BURKE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED.

THE CLERK WILL READ -- OR READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER D. ROSENTHAL: 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: SENATE NO. S05402, RULES REPORT NO.

291, SENATOR PERSAUD (A07817, HEVESI). AN ACT TO AMEND THE SOCIAL

316

NYS ASSEMBLY JUNE 19, 2019

SERVICES LAW, IN RELATION TO EXEMPTING CERTAIN FUNDS IN A NY ABLE

SAVINGS ACCOUNT IN THE CALCULATION OF HOUSEHOLD BENEFITS UNDER PUBLIC

ASSISTANCE PROGRAMS.

ACTING SPEAKER D. ROSENTHAL: READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER D. ROSENTHAL: 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. A03705-A, CALENDAR

NO. 404, GUNTHER, WOERNER, SANTABARBARA, LAVINE, TAYLOR,

L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

THE EMPLOYMENT OF PERSONS TO FUNCTION AS INFECTION PREVENTIONISTS IN

CERTAIN GENERAL HOSPITALS.

ACTING SPEAKER D. ROSENTHAL: READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER D. ROSENTHAL: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

317

NYS ASSEMBLY JUNE 19, 2019

MRS. PEOPLES-STOKES.

THE BILL IS PASSED.

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

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

ACTING SPEAKER D. ROSENTHAL: RULES

COMMITTEE, SPEAKER'S CONFERENCE ROOM.

(PAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02880-B, CALENDAR

NO. 493, HUNTER. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

DENIAL OF COVERAGE OF ADDITIONAL OR RELATED SERVICES OR PROCEDURES

RELATED TO HEALTH CARE SERVICES FOR WHICH PRE-AUTHORIZATION WAS GRANTED

OR DID NOT REQUIRE PRE-AUTHORIZATION; AND TO REPEAL CERTAIN PROVISIONS OF

SUCH LAW RELATING THERETO.

ACTING SPEAKER D. ROSENTHAL: ON A

MOTION BY MS. HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

ACTING SPEAKER D. ROSENTHAL: 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.

318

NYS ASSEMBLY JUNE 19, 2019

MRS. PEOPLES-STOKES.

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

NOW TAKE US TO RULES REPORT NO. 380. IT'S ON PAGE 15 BY MR.

DENDEKKER. FOLLOWING THAT WE'RE GOING TO GO TO RULES REPORT NO.

239. IT'S ON PAGE 9 BY MR. SANTABARBARA. IN THAT ORDER, MR. SPEAKER.

ACTING SPEAKER D. ROSENTHAL: THE CLERK

WILL READ.

THE CLERK: SENATE NO. S04699, RULES REPORT NO.

380, SENATOR RAMOS (A06832, DENDEKKER). AN ACT IN RELATION TO

REQUIRING THE COMMISSIONER OF HEALTH TO CONDUCT A STUDY RELATING TO

THE NUMBER OF EMERGENCY ROOM BEDS.

ACTING SPEAKER D. ROSENTHAL: MR.

DENDEKKER, AN EXPLANATION HAS BEEN REQUESTED.

MR. DENDEKKER: THANK YOU, MR. SPEAKER. SO

THIS BILL WILL REQUIRE THAT THE COMMISSIONER OF THE DEPARTMENT OF

HEALTH CONDUCT A STUDY RELATING TO THE NUMBER OF EMERGENCY ROOM BEDS

THAT WOULD BE NECESSARY IN AN AREA BASED ON SEVERAL FACTORS, INCLUDING

POPULATION AS -- AS WELL AS RISK ASSESSMENT.

ACTING SPEAKER D. ROSENTHAL: MR.

GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER D. ROSENTHAL: DOES THE

SPONSOR YIELD?

MR. DENDEKKER: YES.

319

NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER D. ROSENTHAL: THE

SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. DENDEKKER. IS IT

-- IS IT YOUR INTENT THAT THIS IS ONLY A STUDY, AND FROM THAT STUDY THEY

WILL MAKE RECOMMENDATIONS?

MR. DENDEKKER: YES, THAT IS CORRECT. THE -- THE

STUDY IS ASKING THE DEPARTMENT OF HEALTH TO MAKE RECOMMENDATIONS

BASED ON A LARGE CRITERIA THAT THEY CAN USE TO GET A -- AN IDEA OF SHOULD

THERE SHOULD BE SOME SORT OF STANDARD OR SHOULD THERE BE CHANGES

DEPENDING ON THE LOCALITY OF MAYBE, FOR EXAMPLE, AN AIRPORT OR A LARGE

STADIUM THAT MIGHT BE AROUND THERE, SHOULD THERE THEREFORE BE A

REQUIREMENT TO HAVE MORE EMERGENCY ROOM BEDS IN CASE SOME SORT OF

INCIDENT WOULD HAPPEN AT ONE OF THOSE LOCATIONS.

MR. GOODELL: I NOTE THAT THE INTRODUCTORY

SENTENCE REFERENCES THAT THEY'RE AUTHORIZED TO ESTABLISH MINIMUM

NUMBER OF BEDS REQUIRED. AM I CORRECT THAT'S ONLY A RECOMMENDATION,

THAT THEY DON'T ACTUALLY -- WOULD NOT BE AUTHORIZED TO ACTUALLY ESTABLISH

THAT MINIMUM, THAT WOULD TAKE FURTHER LEGISLATIVE ACTION?

MR. DENDEKKER: YES. THE -- THE SENTENCE, I

GUESS THE WAY YOU INTERPRET IT, THE WAY WE INTENDED IT IS FOR THEM TO

MAYBE TO MAKE RECOMMENDATIONS ON A CERTAIN NUMBER OF BEDS IN THEIR

RECOMMENDATION. SO THAT -- THAT WOULD HOPEFULLY ANSWER YOUR

QUESTION, SIR.

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

DENDEKKER.

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NYS ASSEMBLY JUNE 19, 2019

SIR, ON THE -- ON THE BILL.

ACTING SPEAKER D. ROSENTHAL: ON THE BILL.

MR. GOODELL: I APPRECIATE THE OPPORTUNITY TO

DISCUSS THIS IN SOME DETAIL WITH MR. DENDEKKER, AND I THOUGHT IT WAS

VERY IMPORTANT THAT WE MAKE IT ABSOLUTELY CLEAR AS PART OF OUR

LEGISLATIVE HISTORY THAT THIS STUDY AND THIS LEGISLATION WOULD ONLY RELATE

TO STUDYING THE NUMBER OF EMERGENCY BEDS AND MAKING

RECOMMENDATIONS BACK TO US ON WHAT TO DO FURTHER, AND THAT THIS

LEGISLATION WOULD NOT AND SHOULD NOT BE INTERPRETED TO AUTHORIZE THE

COMMISSIONER OF HEALTH TO ACTUALLY ESTABLISH THE MINIMUM NUMBER OF

BEDS, THAT THAT WOULD REQUIRE ADDITIONAL ACTION BY THIS LEGISLATURE.

SO, WITH THAT CLEAR UNDERSTANDING, I APPRECIATE MY

COLLEAGUE'S COMMENTS ON CLARIFYING THAT. I DON'T HAVE AN ISSUE WITH

THIS BILL AND I'LL RECOMMEND MY COLLEAGUES SUPPORT IT AS WELL.

ACTING SPEAKER D. ROSENTHAL: MR.

MCDONOUGH.

MR. MCDONOUGH: YEAH, THANK YOU, MR.

SPEAKER. WOULD THE SPONSOR YIELD FOR ONE QUESTION?

MR. DENDEKKER: YES.

ACTING SPEAKER D. ROSENTHAL: THE SPONSOR

MR. MCDONOUGH: THIS IS A SILLY QUESTION, I JUST

WANT TO BE SURE. THAT INCLUDES ALL PUBLIC AND PRIVATE HOSPITALS IN THE

STATE?

MR. DENDEKKER: YES. SO WHAT -- WHAT THE

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INTENTION OF THE BILL IS TO LOOK AT AN AREA -- WE'LL -- WE'LL USE AN AREA

NEAR WHERE MY DISTRICT IS THAT HAS A -- A STADIUM -- THAT HAS A TENNIS

STADIUM, A BASEBALL STADIUM, AN AIRPORT, MULTIPLE HIGHWAYS AND PUBLIC

TRANSPORTATION SYSTEM, AND TO DECIDE SHOULD THERE BE A HIGHER LEVEL OF

EMERGENCY ROOM BEDS AVAILABLE IN THAT AREA IN CASE SOME SORT OF

INCIDENT WERE TO OCCUR IN THAT AREA.

MR. MCDONOUGH: YEAH, OKAY. I UNDERSTAND

THAT. WHAT YOU'RE TALKING ABOUT IS VERY HIGHLY-POPULATED AREAS, EVEN

THOUGH THEY'RE ONLY POPULATED AT CERTAIN HOURS SOMETIMES, LIKE AN

AIRPORT OR OTHER FACILITY. BUT WHAT ABOUT ALL THE HOSPITALS IN THE STATE?

YOU HAVE SOME HOSPITALS THAT ARE -- I TAKE THAT SCHOHARIE ACCIDENT,

WHICH I KNOW WAS NOT A GOOD EXAMPLE, BUT WHERE YOU -- A NEIGHBOR --

NOT A NEIGHBOR, BUT A RURAL HOSPITAL HAD TO BE PREPARED FOR THAT. OR

SOME OTHER PLACE WHERE YOU WOULD HAVE A, GOD FORBID, A PLANE CRASH

OR SOMETHING. SO ARE YOU STUDYING -- WILL THIS STUDY CONCLUDE --

INCLUDE, EXCUSE ME, ALL HOSPITALS, PUBLIC AND PRIVATE, IN THE STATE?

MR. DENDEKKER: WELL, IT -- IT'S DIRECTING THE

COMMISSIONER TO DO THAT STUDY OF ALL OF HOSPITALS TO MAKE

DETERMINATIONS SHOULD THERE BE A CERTAIN AMOUNT OF EMERGENCY ROOM

BEDS AND -- AND LOOK AT DIFFERENT PORTIONS OF THE STATE AND HOW THEY

MAY NEED AN INCREASE IN -- IN THAT EMERGENCY ROOM STAFFING. OR IF

BETWEEN THEIR PUBLIC AND PRIVATE HOSPITALS THEY FEEL THAT THAT AREA HAS --

HAS ENOUGH EMERGENCY ROOM BEDS TO HANDLE SOME SORT OF MASS

CASUALTY INCIDENT.

MR. MCDONOUGH: OKAY. THANK YOU VERY MUCH.

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NYS ASSEMBLY JUNE 19, 2019

THANK YOU, MR. SPEAKER.

ACTING SPEAKER D. ROSENTHAL: MR. SALKA.

MR. SALKA: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD, PLEASE?

MR. DENDEKKER: YES.

ACTING SPEAKER D. ROSENTHAL: THE SPONSOR

YIELDS.

MR. SALKA: NOW, THIS STUDY THAT'S BEING DONE, WILL

IT CATEGORIZE THE -- THE ABILITY TO DEAL WITH DIFFERENT ACUITY LEVELS?

LIKE, FOR INSTANCE, THERE'S TRAUMA CENTERS AND THERE'S CENTERS THAT ARE --

AND SMALL RURAL HOSPITALS CAN'T HANDLE HEAVY TRAUMAS OR ANYTHING LIKE

THAT? I MEAN, ACCORDING TO HOW THEY'RE STAFFED?

MR. DENDEKKER: WELL, WE'RE DIRECTING THE

COMMISSIONER OF HEALTH TO CONDUCT THE STUDY, SO I'M ASSUMING THAT THE

COMMISSIONER OF HEALTH WOULD TAKE ALL THAT INTO THE CONSIDERATION FOR

THE AREAS. THERE IS NO MINIMUM STANDARD THAT'S BEING IMPLEMENTED

HERE. IT'S A STUDY WITH RECOMMENDATIONS.

MR. SALKA: OH, OKAY. THANK YOU. THANK YOU FOR

YOUR -- YOUR ANSWER. THAT'S ALL.

ACTING SPEAKER D. ROSENTHAL: READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER D. ROSENTHAL: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

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NYS ASSEMBLY JUNE 19, 2019

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01416-C, RULES

REPORT NO. 239, SANTABARBARA. AN ACT TO AMEND THE PUBLIC SERVICE

LAW, IN RELATION TO INFORMATION CABLE TELEVISION COMPANIES MUST

PROVIDE TO SUBSCRIBERS REGARDING AVAILABILITY OF REQUIRED EQUIPMENT AT

RETAIL.

ACTING SPEAKER D. ROSENTHAL: AN

EXPLANATION IS REQUESTED, MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

THIS BILL WILL REQUIRE CABLE SERVICE PROVIDERS TO PROVIDE INFORMATION TO

THEIR CUSTOMERS THAT THEY HAVE THE OPTION OF BUYING THEIR OWN

EQUIPMENT. MOST -- MOST OF THE TIME CUSTOMERS BUY SERVICE IN A

PACKAGE THAT COMES WITH A MODEM, REMOTE CONTROL OR SOME OTHER ITEMS

THAT THEY END UP PAYING A MONTHLY CHARGE FOR. CUSTOMERS THAT I'VE

TALKED TO, THEY'RE UNAWARE THAT THEY CAN PURCHASE THEIR OWN EQUIPMENT

AND AT MUCH TIME -- AT MANY TIMES IT COULD BE AT A LOWER COST

DEPENDING ON HOW LONG YOU HAVE THE SERVICE BECAUSE THE SERVICE FEES

ADD UP. SO THIS BILL WOULD REQUIRE THAT THEY AT LEAST PROVIDE THAT

INFORMATION THAT THEY HAVE THAT OPTION.

ACTING SPEAKER D. ROSENTHAL: MR.

PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

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NYS ASSEMBLY JUNE 19, 2019

ACTING SPEAKER D. ROSENTHAL: THE SPONSOR

YIELDS.

MR. SANTABARBARA: YES.

MR. PALMESANO: THANK YOU, MR. SANTABARBARA.

I KNOW YOU EXPLAINED THAT THERE ARE SOME CUSTOMERS, BUT WHY -- WHY IS

THIS BILL ACTUALLY NEEDED? DON'T -- I GUESS MY QUESTION IS, ISN'T THERE

SOME RESPONSIBILITY THAT HAS TO FALL ON THE -- ON THE CUSTOMER? THEY

HAVE THE OPPORTUNITY TO DO THEIR OWN RESEARCH. WE DON'T DO THIS WITH

TELEPHONE COMPANIES TO HAVE THEM EXPLAIN WHAT KIND OF PHONES AND

VOICEMAIL BOXES THAT ARE OUT THERE. WHY ARE WE PUTTING THIS MANDATE

ON A CABLE SYSTEM WHEN THE OPPORTUNITY IS FOR THAT INDIVIDUAL TO DO

THEIR OWN RESEARCH AND LOOK IT UP?

MR. SANTABARBARA: THERE'S BEEN A -- WITH

RISING CABLE COSTS IN MY DISTRICT, I'VE HAD A LOT CUSTOMERS THAT HAVE

CALLED MY OFFICE TO ASK, YOU KNOW, ABOUT WHAT THEY CAN DO TO REDUCE

THEIR BILL. WE'VE CALLED CABLE COMPANIES. MOST OF THE TIME A LOT -- ONE

SIMPLE THING THAT CAN BE DONE IS TO REDUCE -- YOU KNOW, TAKE AWAY THE

-- THE FEES FOR THE EQUIPMENT, AND IT'S, YOU KNOW, SOMETIMES IT'S A BIT OF

EQUIPMENT. THOSE FEES ADD UP. AND WHEN I GET BACK TO THE CUSTOMER,

MOST TIMES, MORE THAN NOT, THEY JUST NEVER KNEW. AND SOME OF THEM

HAD SERVICE FOR YEARS AND YEARS. THEY NEVER KNEW THAT THEY COULD BUY

THEIR OWN EQUIPMENT. THEY NEVER KNEW THAT WAS AN OPTION. THEY JUST

ASSUMED THAT IT CAME WITH THE SERVICE PACKAGE AND THEY HAD TO ACCEPT

THAT EQUIPMENT BECAUSE THEY WERE NEVER NOTIFIED. SO THIS IS JUST

PROVIDING MORE INFORMATION TO THE CONSUMER TO LET THEM KNOW THAT

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NYS ASSEMBLY JUNE 19, 2019

THEY HAVE THAT OPTION. AND DEPENDING ON HOW LONG YOU HAVE THE

SERVICE IT MAY BE A MORE COST-EFFECTIVE OPTION THAT THEY -- PEOPLE WERE

JUST UNAWARE OF.

MR. PALMESANO: RIGHT.

MR. SANTABARBARA: I THINK IT'S --

MR. PALMESANO: I GUESS ONE PART IN THE BILL THAT

CONCERNS ME SPECIFICALLY IS THE -- THE -- THE SECOND PART WHERE IT SAYS

YOU HAVE TO PROVIDE -- THEY HAVE TO PROVIDE INFORMATION SPECIFICALLY

HOW AND WHERE. SO WE -- THE CABLE COMPANIES HAVE TO PUT TOGETHER AN

INFORMATION PACKET ON WHICH ONE OF THEIR COMPETITORS, WHAT BUSINESSES

OFFER THIS OTHER SIMILAR SERVICE THAT THEY OFFER AND THE SIMILAR PRODUCTS

THEY'RE OFFERING. WE DON'T PUT THAT MANDATE ON OTHER -- OTHER

ORGANIZATIONS, OTHER BUSINESSES. IT'S A COMPETITIVE -- IT'S A DEREGULATED

MARKET. IT'S NOT -- IT'S COMPETITIVE. WHY SHOULD THEY BE, I GUESS,

FORCED TO EXPLAIN EVERY LIKE -- WHY DO THEY HAVE TO PUT OUT THE WHOLE

MAP -- ROAD MAP FOR THEM ON HOW AND WHERE? THAT'S A BURDEN THAT'S

PLACED ON THE -- THE COMPANY AND I THINK THAT'S JUST A CHALLENGE THAT --

TO DO.

MR. SANTABARBARA: SO, THE BILL WILL REQUIRE

THE COMPANIES TO LET CUSTOMERS KNOW THEY HAVE THE OPTION OF BUYING

THEIR OWN EQUIPMENT AND JUST LETTING THEM KNOW WHAT THE COMPATIBLE

EQUIPMENT WOULD BE, IF THERE WAS A MODEL NUMBER OR SPECIFIC TYPE OF

MODEM OR REMOTE CONTROL OR WHATEVER THAT WORKS WITH THEIR SYSTEM.

THE WHERE IS SOMETHING WE'RE WORKING ON ADDRESSING WITH AN

AMENDMENT TO THIS -- THIS BILL.

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NYS ASSEMBLY JUNE 19, 2019

MR. PALMESANO: SO YOU'RE LOOKING AT

AMENDMENTS TO THE BILL.

MR. SANTABARBARA: ON -- ON THAT ONE

PARTICULAR PIECE, ON THE SECOND PIECE.

MR. PALMESANO: I GUESS -- I GUESS THE THING I'M

-- I'M CONCERNED ABOUT, TOO, ISN'T THIS GOING TO CAUSE CONFUSION?

BECAUSE THERE ARE -- THERE ARE MANY CUSTOMERS -- I GET WHAT YOU'RE

SAYING BECAUSE I MEAN, I -- I HAVE A CABLE BILL, IT CERTAINLY GOES UP.

MR. SANTABARBARA: SURE.

MR. PALMESANO: BUT THERE ARE PEOPLE WHO BUY

THE PACKAGE BECAUSE THEY WANT THAT CONVENIENCE, THEY KNOW IF THERE'S

SOMETHING THAT NEEDS TO BE SERVICED THEY'RE GETTING THAT PACKAGE WITH

THE -- WITH THE COMPANY THEY'RE WITH. BUT IF SOMEONE -- PUTTING OUT

INFORMATION ABOUT OTHER PLACES, ISN'T THAT GOING TO SEND CONFUSION TO

THE CUSTOMER THAT THEY -- THEY -- THERE'S A THIRD PARTY, THEY HAD TO GO OUT

AND BUY -- THEY BUY ANOTHER MODEM. NOW THEY'RE GOING TO -- IF THERE'S

A PROBLEM THEY'RE GOING TO THINK THEY CAN CALL THEIR CABLE COMPANY TO

COME SERVICE THIS. WHEN IT'S THEIR COMPETITOR THEY'RE NOT GOING TO BE

ABLE TO DO THAT. ISN'T THIS JUST GOING TO CAUSE MORE CONFUSION AND

MISINFORMATION AND ALSO --

MR. SANTABARBARA: NO, I DON'T THINK SO

BECAUSE I'VE ACTUALLY DONE THIS FOR CUSTOMERS, AND THE CABLE COMPANIES

ARE VERY RECEPTIVE TO IT AND THEY'RE PERFECTLY -- THEY'VE BEEN AGREEABLE

AND MORE THAN HELPFUL TO PROVIDE THAT INFORMATION. AND THEY

ADMITTEDLY SAID -- HAVE SAID, THIS HAS ALWAYS BEEN AN OPTION. WE HAVE

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NYS ASSEMBLY JUNE 19, 2019

NO PROBLEM WITH IT, YOU PROVIDING YOUR OWN EQUIPMENT. THEY COME

BACK, THEY TAKE THE LEASE PART OF IT, YOU RETURN IT BACK -- BACK TO THEIR --

YOU KNOW, THEY WANT THEIR EQUIPMENT BACK AND THEY'RE PERFECTLY MORE

THAN -- MORE THAN HAPPY TO HAVE THE CUSTOMER PROVIDE THEIR OWN

EQUIPMENT.

MR. PALMESANO: OKAY. THANK YOU, MR.

SANTABARBARA.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER D. ROSENTHAL: ON THE BILL.

MR. PALMESANO: YES, I UNDERSTAND THE

INTENTIONS OF WHAT THE SPONSOR IS TRYING TO DO. I THINK YOU'RE WELL-

INTENDED, I JUST THINK THE CONSEQUENCES BEHIND THIS BILL HAVE A NEGATIVE

IMPACT. FIRST OF ALL, WE HAVE A BUSINESS THAT'S BEING FORCED AND

MANDATED TO PROVIDE INFORMATION FOR PRODUCTS THAT ARE THEIR

COMPETITORS. WE DON'T PUT THAT ON OTHER PRIVATE COMPANIES. IT'S

MANDATED THEY HAVE TO PROVIDE THIS INFORMATION. WE CERTAINLY DON'T

PUT IT ON -- IN PLACE FOR TELEPHONE COMPANIES SAYING THAT THEY HAVE TO

PROVIDE, YOU KNOW, TELEPHONES AND VOICEMAIL, DATA INFORMATION. WE

DON'T TELL THEM THEY HAVE TO DO THAT. SO WHY ARE WE SINGLING OUT CABLE

COMPANIES SPECIFICALLY? I THINK THIS HAS THE ABILITY TO REALLY CREATE

SOME -- SOME CONFUSION. IF PEOPLE ARE BUYING INFORMATION -- BUYING

PRODUCTS FROM THIRD PARTIES THEN THEY MIGHT HAVE TO HAVE INSTALLATION

ISSUES THAT HAVE TO BE ADDRESSED. YOU HAVE OTHER ISSUES THAT HAVE TO BE

ADDRESSED FOR THAT. IF THERE'S A PROBLEM NOW THEY'RE GOING -- THEY CAN

COME BACK TO THE CABLE COMPANY -- SINCE THEY GAVE THEM THE

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NYS ASSEMBLY JUNE 19, 2019

INFORMATION, THEY MIGHT THINK THE CABLE COMPANY IS RESPONSIBLE FOR

THAT. I THINK IT'S JUST GOING TO CREATE A LOT MORE CHAOS AND CONFUSION IN

THE SYSTEM. I THINK ULTIMATELY, ALSO, MR. SPEAKER AND MY COLLEAGUES,

THERE HAS TO BE SOME RESPONSIBILITY ON THE CONSUMER THEMSELVES. THEY

HAVE THE ABILITY TO DO THE RESEARCH, TO LOOK THIS INFORMATION UP, ASK THE

QUESTIONS. THEY CAN CALL THEIR CABLE COMPANY AND ASK THOSE QUESTIONS.

THEY CAN CALL THIRD-PARTY DEALERS AND ASK THOSE QUESTIONS. BUT TO PUT A

MANDATE ON A -- A COMPANY SAYING THEY HAVE TO PROVIDE IT -- I KNOW THE

SPONSOR SAYS HE'S GOING TO CHANGE FOR RIGHT NOW AS TO THE HOW AND

WHERE; THAT'S BASICALLY ASKING THEM TO PRETTY MUCH DO ALL THE WORK FOR

THE CUSTOMER. I THINK SOME RESPONSIBILITY HAS TO FALL ON THE CUSTOMER.

AND I JUST THINK THIS -- THIS LEGISLATION, WHILE WELL-INTENDED, AND I

APPRECIATE THE SPONSOR'S INTENT ON WHAT HE'S TRYING TO DO, I JUST THINK

THIS BILL GOES A LITTLE TOO FAR AND IT'S JUST GOING TO CAUSE MORE CONFUSION

AND PROBLEMS.

SO FOR THAT REASON, MR. SPEAKER, I'LL BE VOTING IN THE

NEGATIVE AND I ASK MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER D. ROSENTHAL: READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER D. ROSENTHAL: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

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NYS ASSEMBLY JUNE 19, 2019

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

PLEASE ADVANCE THE A- AND THE B-CALENDAR?

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A- AND B-CALENDAR ARE ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: AND IF WE CAN NOW GO

TO, MR. SPEAKER, RULES REPORT NO. 96 BY MRS. PEOPLES-STOKES.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01772-A, RULES

REPORT NO. 96, PEOPLES-STOKES, CRESPO, RODRIGUEZ, WEPRIN, PERRY,

DICKENS. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO ASSESSMENT

OF THE RECORD OF PERFORMANCE OF BANKING INSTITUTIONS IN HELPING TO MEET

THE CREDIT NEEDS OF LOCAL COMMUNITIES.

ACTING SPEAKER AUBRY: FIRST, ON A MOTION BY

MRS. PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE

BILL IS ADVANCED.

AN EXPLANATION IS REQUESTED, MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: YES, MR. SPEAKER. THIS

BILL ACTUALLY WOULD REQUIRE THAT THE SUPERINTENDENT OF THE DEPARTMENT

OF FINANCIAL SERVICES PROVIDE DETAILED INFORMATION ON THE -- WHAT IT

COLLECTS FROM STATE-CHARTERED BANKS AS IT RELATES TO THE COMMUNITY

REINVESTMENT ACT. SO AS OPPOSED TO GIVING UP JUST NUMBERS OF ISSUES

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NYS ASSEMBLY JUNE 19, 2019

THAT THEY'RE DEALING WITH, WE'RE INTERESTED IN MORE SPECIFICITY ON HOW

THEY HAVE USED THIS COMMUNITY REINVESTMENT ACT IN SPECIFIC

COMMUNITIES.

ACTING SPEAKER AUBRY: ONE MINUTE BEFORE

WE PROCEED. LADIES AND GENTLEMEN ON THE SIDE HERE. LADIES AND

GENTLEMEN, I CAN'T HEAR THE MEMBERS UNLESS YOU GO OUT OF THE HALL.

YOU CAN TALK SOMEWHERE ELSE. THAT IS NOT A PHONE BOOTH. I'M SORRY.

MR. GOODELL.

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

THE MAJORITY LEADER YIELD?

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,

WILL YOU YIELD?

MRS. PEOPLES-STOKES: OF COURSE, MR. SPEAKER.

I WILL.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

YIELDS.

MR. GOODELL: THANK YOU, MRS. PEOPLES-STOKES.

IT'S MY UNDERSTANDING THAT CURRENTLY SECTION 36 SUBPARAGRAPH 10 OF THE

BANKING LAW BASICALLY REQUIRES ALL REPORTS OF EXAMINATIONS AND

INVESTIGATIONS PERFORMED BY THE DEPARTMENT BE KEPT CONFIDENTIAL AND

NOT AVAILABLE TO THE PUBLIC UNLESS THE SUPERINTENDENT OF BANKS

DETERMINES THAT SUCH A DISCLOSURE IS IN THE -- IN THE ENDS OF JUSTICE OR IN

THE PUBLIC INTEREST. AM I CORRECT THAT THE PURPOSE OF THIS BILL IS TO

REQUIRE THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES TO

INCLUDE THE RECORD OF PERFORMANCE OF THE BANK IN MEETING ITS

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NYS ASSEMBLY JUNE 19, 2019

COMMUNITY REINVESTMENT ACT OBLIGATIONS --

MRS. PEOPLES-STOKES: YES. THAT --

MR. GOODELL: -- AND MAKE THOSE PUBLIC?

MRS. PEOPLES-STOKES: THAT IS EXACTLY THE

INFORMATION WE'RE LOOKING FOR.

MR. GOODELL: AND THE REST OF THE INFORMATION

WOULD REMAIN CONFIDENTIAL UNLESS THE SUPERINTENDENT DETERMINES

OTHERWISE?

MRS. PEOPLES-STOKES: EXACTLY.

MR. GOODELL: THANK YOU VERY MUCH FOR THAT

CLARIFICATION.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IN 120 DAYS.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES: MR. SPEAKER?

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO BRIEFLY EXPLAIN MY VOTE. I WANT TO

HONOR AURELIA GREENE, HAKEEM JEFFRIES, ANNETTE ROBINSON. THESE ARE

THE PAST MEMBERS OF THIS HONORABLE BODY THAT CARRIED THIS LEGISLATION.

AND BECAUSE WE HAVE A SAME-AS AND MR. SANDERS IN THE -- IN THE

SENATE, TODAY WILL BE THE LAST TIME WE'LL HAVE AN OPPORTUNITY TO VOTE ON

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NYS ASSEMBLY JUNE 19, 2019

IT. SO I WANT TO THANK MY COLLEAGUES FOR SUPPORTING THIS. IT'S A GOOD

PIECE OF LEGISLATION. IT WILL JUST PROVIDE US WITH INFORMATION THAT WE

CAN USE TO BETTER AND -- AND HOPEFULLY ENCOURAGE MORE REINVESTMENT

INTO THE COMMUNITIES THAT WE ALL SERVE.

SO THANK YOU SO MUCH FOR THE OPPORTUNITY TO SPEAK,

AND I SURELY AM GRATEFUL TO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

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, IF WE CAN

TURN OUR ATTENTION NOW TO THE B-CALENDAR ON PAGE 6 AND GO TO RULES

REPORT NO. 634. IT'S BY MR. ENGLEBRIGHT, ON DEBATE.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08429, RULES REPORT

NO. 634, ENGLEBRIGHT, LIFTON, FAHY, ORTIZ, CAHILL, WALKER, CARROLL,

L. ROSENTHAL, THIELE, JAFFEE, SIMON, OTIS, DINOWITZ, WILLIAMS, ROZIC,

ABINANTI, MOSLEY, BARRETT, STECK, GALEF, GOTTFRIED, LUPARDO, PHEFFER

AMATO, DE LA ROSA, JEAN-PIERRE, COLTON, CUSICK, PEOPLES-STOKES,

SEAWRIGHT, PICHARDO, WEPRIN, SIMOTAS, GLICK, FERNANDEZ, D'URSO,

O'DONNELL, GRIFFIN, REYES, BURKE, SOLAGES, ROMEO, STIRPE, MAGNARELLI,

EPSTEIN, TAYLOR, FALL, CRUZ, STERN, SANTABARBARA, BRONSON, BARNWELL,

DAVILA, HEVESI, NIOU, HUNTER, M.G. MILLER, BENEDETTO, RODRIGUEZ,

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NYS ASSEMBLY JUNE 19, 2019

QUART, WRIGHT, HYNDMAN, CRESPO, FRONTUS, RYAN, SAYEGH, BARRON,

PRETLOW, GUNTHER, RICHARDSON, RAYNOR, KIM, MCMAHON, DICKENS,

JACOBSON, WEINSTEIN, PAULIN. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, THE PUBLIC SERVICE LAW, THE PUBLIC AUTHORITIES

LAW, THE LABOR LAW AND THE COMMUNITY RISK AND RESILIENCY ACT, IN

RELATION TO ESTABLISHING THE NEW YORK STATE CLIMATE LEADERSHIP AND

COMMUNITY PROTECTION ACT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. GOVERNOR'S MESSAGE IS AT THE DESK.

THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE.

GOVERNOR ANDREW M. CUOMO.

ACTING SPEAKER AUBRY: AN EXPLANATION HAS

BEEN REQUESTED, MR. ENGLEBRIGHT.

MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER.

THE TOPIC IS CLIMATE CHANGE. THE TOPIC IS ALSO THE FUTURE OF THE STATE,

THE NATION AND THE GLOBAL ENVIRONMENT. CLIMATE CHANGE IS AFFECT -- IS

ADVERSELY AFFECTING THE ECONOMIC WELL-BEING AND PUBLIC RESOURCES OF

THE STATE OF NEW YORK WITH INCREASED SEVERITY AND FREQUENCY OF

EXTREME WEATHER EVENTS, FLOODING EVENTS, HEAT WAVES AND OTHER

ADVERSITIES THAT CAUSE A DIRECT NEGATIVE IMPACT UPON OUR CITIZENS. IF WE

DO NOT ADDRESS THIS -- AND THIS MEASURE BEFORE US IS SOMETHING WE'VE

SEEN BEFORE. THIS INSTITUTION HAS VOTED THREE YEARS IN ROW TO ADDRESS

THIS ISSUE. BUT IF WE DO NOT, THEN WE WILL NOT BE SERVING WELL THE NEEDS

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NYS ASSEMBLY JUNE 19, 2019

OF THE PEOPLE OF THE STATE. JUST TO PLACE IT IN PERSPECTIVE, THE TEN

HOTTEST YEARS ON RECORD ARE THE LAST TEN YEARS. THERE HAVE BEEN MORE

THAN 410 MONTHS OF CONSECUTIVE HEAT THAT IS IN EXCESS OF THE AVERAGE

SINCE 1880. IN FACT, THE LAST FIVE YEARS HAVE BEEN THE WARMEST FIVE

YEARS IN HISTORY, AND OF THE LAST 22 YEARS, 20 OF THOSE YEARS HAVE SEEN

EXCESSIVE HEAT CONDITIONS. IT IS AN INESCAPABLE TREND. IT IS NOT

SOMETHING THAT WE CAN IGNORE OR DENY. IN FACT, THIS MEASURE BEFORE US

IS AN ATTEMPT TO DO WHAT WE BELIEVE IS A FIRST STEP IN WHAT IS A JOURNEY

THAT WILL INVOLVE MANY STEPS GOING FORWARD. BUT I'M PLEASED THAT WE

HAVE THIS BEFORE US. IT GIVES US AN OPPORTUNITY THIS EVENING TO TAKE THIS

VERY IMPORTANT FIRST STEP AND MAKE IT INTO LAW.

ACTING SPEAKER AUBRY: MR. PALMESANO.

HOLD -- HOLD ON ONE MINUTE, SIR. PAUSE.

(PAUSE)

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

LAY THE BILL ASIDE?

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

(PAUSE)

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

COULD PLEASE RECONVENE THE RULES COMMITTEE IN THE SPEAKER'S

CONFERENCE ROOM.

ACTING SPEAKER AUBRY: RULES COMMITTEE,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

(PAUSE)

MRS. PEOPLES-STOKES: MADAM SPEAKER....

335

NYS ASSEMBLY JUNE 19, 2019

MADAM SPEAKER, WHILE THE RULES COMMITTEE HAS RECONVENED IN ORDER

TO BRING UP THE GOVERNOR'S MESSAGE OF NECESSITY, WE'RE GOING TO GO

BACK TO OUR MAIN CALENDAR ON PAGE 34 ON CONSENT AND TAKE UP RULES

REPORT NO. 517 BY MS. PAULIN, 518 BY MR. RA, 519 BY MR. HAWLEY AND

520 BY MS. SOLAGES. IN THAT ORDER, MADAM SPEAKER.

THE CLERK: ASSEMBLY NO. A07811-A, RULES

REPORT NO. 517, PAULIN, RICHARDSON, QUART, FALL, OTIS, DE LA ROSA,

CRUZ, GALEF, ASHBY, REYES, BARRON. AN ACT TO AMEND THE PUBLIC

SERVICE LAW, IN RELATION TO COMMERCIAL MOBILE RADIO AND CELLULAR

TELEPHONE SERVICE PROVIDERS.

ACTING SPEAKER HYNDMAN: ON A MOTION BY

-- BY MS. PAULIN, 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 HYNDMAN: 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. A07824-A, RULES

REPORT NO. 518, RA. AN ACT AUTHORIZING BB/S FACILITIES MANAGEMENT

CORPORATION TO RECEIVE RETROACTIVE REAL PROPERTY TAX-EXEMPT STATUS.

ACTING SPEAK HYNDMAN: ON A MOTION BY MR.

336

NYS ASSEMBLY JUNE 19, 2019

-- MR. RA, 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 HYNDMAN: 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.

(APPLAUSE)

MRS. PEOPLES-STOKES: WAIT, WAIT. IS THAT YOUR

FIRST BILL, MR. RA?

(LAUGHTER)

ACTING SPEAKER HYNDMAN: MRS. PEOPLES-

STOKES.

MRS. PEOPLES-STOKES: MR. -- MADAM SPEAKER,

COULD YOU PLEASE HAVE US RETURN TO THE B-CALENDAR, PAGE 6, RULES

REPORT NO. 634 BY MR. ENGLEBRIGHT?

ACTING SPEAKER HYNDMAN: THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A08429, RULES REPORT

NO. 634, ENGLEBRIGHT, LIFTON, FAHY, ORTIZ, CAHILL, WALKER, CARROLL,

L. ROSENTHAL, THIELE, JAFFEE, SIMON, OTIS, DINOWITZ, WILLIAMS, ROZIC,

ABINANTI, MOSLEY, BARRETT, STECK, GALEF, GOTTFRIED, LUPARDO, PHEFFER

337