TUESDAY, MAY 15, 2012 1:52 P.M. ACTING SPEAKER P. RIVERA: 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 members in the Pledge of Allegiance. (Whereupon, Acting Speaker P. Rivera led visitors and members in the Pledge of Allegiance.) A quorum being present, the Clerk will read the Journal of Monday, May 14, 2012. 1 NYS ASSEMBLY MAY 15, 2012

Mr. Canestrari. MR. CANESTRARI: Mr. Speaker, I move to dispense with the further reading the Journal of Monday, May 14 and ask that the same stand approved. ACTING SPEAKER P. RIVERA: Without objection, so ordered. MR. CANESTRARI: In terms of the schedule today, my colleagues and guests, the members have on their desks the main Calendar as well as the debate list, similar to what we had yesterday. We will do some introductions and any housekeeping that you may have. We will then work off the debate list. Among the bills we'll take up today is Calendar No. 558 on page 36 by our colleague, the Chair of the Labor Committee, Keith Wright. So, that is a general outline. If there are introductions, let's start with those now, go on to housekeeping, then we will go to the debate list and bills taken from that list. ACTING SPEAKER P. RIVERA: Mr. Canestrari for an introduction. MR. CANESTRARI: Yes, Mr. Speaker. To the rear of the Chamber are some students who are visiting us here in the Chamber from East Greenbush. There are 30 students from the seventh and eighth grade of the Woodland Montessori Hill Middle School, Woodland Montessori Hill Middle School in East Greenbush. They're here with their teachers, Ms. Cora Heiser, Ms. Leah Blind, Ms. Heidi Nathaniels and they were in the office, my office, actually, 2 NYS ASSEMBLY MAY 15, 2012 early this morning. They asked me some tough questions. These kids are very smart and intelligent, know the issues and they're here to observe us in the Chamber before they get their bus very, very quickly. So, I appreciate a word of welcome to them as they visit the Capitol and leave the Capitol, hopefully learning a little bit about the procedure here in the State Assembly. Thank you. ACTING SPEAKER P. RIVERA: Gladly, Mr. Canestrari. I want to congratulate all of you because this was a special day. Mr. Peter Lopez on the same subject matter. MR. P. LOPEZ: Thank you, Mr. Speaker. And just on that note, the school attracts students from all over the region and actually we have a young lady, Sage Banta, from Cairo and I just met Sage for the first time. She's a delightful young lady and she's also joining us as part of this contingent so if you could, of course, make her welcome here in the Chamber. ACTING SPEAKER P. RIVERA: As I was saying, this is a special day for you because not only did you meet your elected officials, but you had a chance to -- you have a chance to come down here and see how the House works and the intricacies of all the work that we do, a bill from the very, very beginning and how it starts to the very, very end. So, on behalf of Mr. Canestrari, Mr. P. Lopez, the Speaker and all my colleagues, please enjoy the time that you're here. 3 NYS ASSEMBLY MAY 15, 2012

Please enjoy the privileges of the floor and come back soon. Thank you for being here today. (Applause) Mr. Zebrowski for an introduction. MR. ZEBROWSKI: Thank you, Mr. Speaker. I rise today to do a very important introduction and if my colleagues will allow me to tell a brief story of some heroic individuals from my district in Rockland County and, of course, I do so on behalf, also, of Ellen Jaffee, Nancy Calhoun and Annie Rabbitt. I would like to I introduce to the Chamber today, we have from the West Haverstraw Fire Department Gerald Knapp and Kenneth Patterson, as well from the Orange and Rockland Utilities we have Ian Mackey and Lee Stipek. We also have Mayor of West Haverstraw, John Ramundo. We have Mr. Mackey and Mr. Stipek's family. We have the Orange and Rockland Supervisor John Mulligan and Public Affairs Coordinator of Orange and Rockland, Kim Campbell. If you would just allow me to tell just a brief story of what transpired in Rockland several months ago. On January 16, 2012 there was a gas line rupture that was reported in West Haverstraw, New York. The rupture was caused by the installation of underground lines. Among those responding to the emergency call were with Ian Mackey and Lee Stipek from Orange and Rockland Utilities, as well as Kenneth Patterson and Gerald Knapp from the West Haverstraw Fire Department. The Orange and Rockland 4 NYS ASSEMBLY MAY 15, 2012 workers immediately engaged in efforts to shut off the dangerous ruptured gas lines while firefighters, Kenneth Patterson and Gerald Knapp, went door to door to evacuate residents from their homes. At approximately 1:00 p.m., Kenneth Patterson and Gerald Knapp were in the midst of the evacuation process at the front door of a home on Zarriello Lane in West Haverstraw when the home exploded sending the two firefighters 30 to 40 feet in the air and injuring them seriously. The explosion also injured Orange and Rockland workers Ian Mackey and Lee Stipek who were near the explosion trying it to shut off the gas lines to prevent any other damage. Ian Mackey and Lee Stipek at this time were, nevertheless -- despite the explosion, they successfully continued their efforts to shut off the gas lines and prevent further explosions. All four individuals were hospitalized and treated for injuries, and some of them very seriously; over the next couple months had to go through physical therapy in order to get themselves here today, but I'm happy to report that these four individuals are with us in the Chamber today and that due to their heroic actions, many residents of West Haverstraw, many other first responders did not have to report that day. They were not -- their lives were not put in jeopardy and because they went where other people couldn't go at that time to report, that we probably saved almost dozens of lives by evacuating people and making sure that people stayed away from the zone. You know, the Orange and Rockland workers, Ian 5 NYS ASSEMBLY MAY 15, 2012

Mackey and Lee Stipek, responded during their jobs and did what they were -- they went above and beyond what they're paid to do in terms of protecting the other residents of Rockland County and also, Gerald Knapp and Kenneth Patterson, who are West Haverstraw, I should stress, volunteer firefighters. In Rockland County we have approximately 315,000 people and we have an entire volunteer fire department that protects our residents in Rockland County. And, certainly, not only did they protect Rocklanders that day, but they continue to protect our Rockland residents each and every day as they respond for no pay leaving their families often on nights, weekends and holidays in order to protect all of us. I would appreciate it, Mr. Speaker, if you would join in with myself and also their proud Mayor John Ramundo and the O&R supervisors that are here and their family members in welcoming them to Albany, thanking them for their heroic actions and giving them the cordialities of the House. ACTING SPEAKER P. RIVERA: Gladly, Mr. Zebrowski. It's a pleasure to have you here to partake in the ceremony, which we know is an honor to you and to the good deeds and the good work that you have done and continue to do back home. So, on behalf Mr. Zebrowski, the Speaker and all my colleagues, please accept our thanks for the good work that you have done. Please enjoy the time that you're here. Come back soon. Thank you for being with us here today. (Applause) 6 NYS ASSEMBLY MAY 15, 2012

Mr. Losquadro for an introduction. MR. LOSQUADRO: Thank you, Mr. Speaker. I would like to take this opportunity to introduce a few constituents from my district, if I could just ask those four gentlemen to stand up. Mr. Steven Gray, who is a First Assistant Chief of the Ridge Fire Department, Mr. William Hille, the Commissioner of the Manorville Fire Department, Mr. Sal D'Amato, the Second Assistant Chief in Manorville, and Mr. Anthony Gallino, who is a Commissioner in the Rocky Point Fire Department but is also the Vice President of the New York State Association of Fire Districts. While we are always excited to welcome up our volunteer firefighters, this is especially poignant for me because last month, over 1,100 acres, primarily in my district in Ridge and Manorville, burnt in one of the largest wild fires in the past 45 years in New York State. Over 35 departments responded to this fire and a brush truck from the Manorville Fire Department, which Mr. Hille was actually on, you can see the bandages on his hand, was lost in that fire. So, I would like to thank them for their dedication, their selflessness and truly living up to the words of Abraham Lincoln when he said, "I like to see a man proud of the place in which he lives. I like to see a man live that his place will be proud of him." And I think that these individuals and all the members in the volunteer fire services embody those qualities that make this country so wonderful. So, if you would please extend the privileges of the floor and the cordialities of the House, I would certainly appreciate it. 7 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: Mr. Thiele on the same subject matter. MR. THIELE: Thank you, Mr. Speaker. I just wanted to join with Assemblyman Losquadro in welcoming our local volunteer firefighters here. Indeed, their efforts were heroic last month and it's not the first time. We all remember the great wild fires back in 1995 and they're always there for us. We really appreciate the work that they do, particularly in the fire that we just had last month. They do an outstanding job and I'm glad to welcome them all to Albany. Thank you. ACTING SPEAKER P. RIVERA: I'm sure that the work that you do, and I know that the work that you do, is challenging, it's a little frightening and requires heroic acts on a constant basis. So, Mr. Losquadro, Mr. Thiele are fully aware of the challenges that you face and on behalf of them, on behalf of the Speaker and all my colleagues, please accept this recognition as a token of the kind of work that you do and the recognition that you truly deserve back home. Please enjoy the privileges of the floor and come back soon. Thank you for being with us here today . (Applause) Mr. Walter. MR. WALTER: Thank you, Mr. Speaker, for allowing me to interrupt the proceedings. I would like to introduce another couple of brave and selfless gentlemen from my district, Mr. Dave Winzig, Mr. Robin Schott. Dave is a Chief of the Eggertsville 8 NYS ASSEMBLY MAY 15, 2012

Fire Department and also serves as the Vice Chairman of the Government Affairs Committee for the New York State Association of Fire Chiefs. Rob is with the Williamsville Fire Department, serves as chaplain and president of the exempt members and also serves as the Legislative Committee Chair for the Firemen Association of the State of New York. I appreciate their selfless and brave acts every single day and all of the great volunteers here today with us. Thank you, gentlemen, for being here. Please extend the cordialities of the House to them. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: We really want to thank you. As you can see, you have many of your colleagues from throughout the State here and we know that this is an important day for you and for your colleagues. So, on behalf of Mr. Walter, the Speaker and all my colleagues, we really, truly acknowledge the work that you do. We try to acknowledge the work that you do. Please enjoy the privileges of the floor. Come back soon. Thank you for being with us here today. (Applause) Mr. Murray for an introduction. MR. MURRAY: Thank you, Mr. Speaker. Thank you for allowing me to interrupt the proceedings on a day when we're honoring and introducing quite a few of our heroes from across the State, our firefighters, it's my pleasure today to be joined by Anthony Nunziata who was recently named as the Brookhaven Fire 9 NYS ASSEMBLY MAY 15, 2012

Department's Firefighter of the Year. Last September while at work, a man slipped at his work and became stuck in a compactor. Quickly realizing and responding and using his training, Anthony removed him, stabilized his injuries and saved this man's life. Now, it was less than two months later, if that wasn't enough, he came upon an accident where a minivan carrying nine people was struck by a 9,000-gallon gasoline tanker. Now, without regard for his own life, Anthony and a co-worker rushed to the vehicles involved pulling everyone involved in the accident out of harm's way before the explosion. Not a single life was lost because of his actions. It's not often that most people have the opportunity to save someone's life, but over the past year alone, Anthony has done that ten times over. He's truly, in any and every sense of the word, a true hero. I have a resolution submitted before the Assembly today to honor Mr. Nunziata for his heroic actions, which we will be voting on a little later; however, I wanted to take this opportunity to introduce this local hero to you, all of my colleagues, and I ask that he be extended all the courtesies and privileges of the floor. ACTING SPEAKER P. RIVERA: Gladly, Mr. Murray. It's a pleasure to have you here so that we can truly recognize the good work that you do on a continuous basis. You're a perfect example of not once, not twice, but all the time being there for residents of various communities. So, on behalf of Mr. Murray, the Speaker and all my 10 NYS ASSEMBLY MAY 15, 2012 colleagues, please accept this token of recognition for all the great work that you do. Thank you for being with us here today. (Applause) Ms. Rosenthal that you will for an introduction. MS. ROSENTHAL: Thank you, Mr. Speaker. I rise to introduce someone who is deeply involved with an issue on which we're having a resolution today, a Legislative Resolution memorializing the Governor to proclaim June 10th as Familial Dysautonomia Awareness Day in the State of New York, which we shall be voting on later. Mr. David Brenner is here. He joined the Dysautonomia Foundation shortly after his son was diagnosed with the disease in 1989. He became a member of the board of directors of the Dysautonomia Foundation in 1992 and Vice President in 1995. He served as President of the board of directors of the Dysautonomia Foundation from 2001 to 2006. In 2006 he left his career in the telecommunications industry to work full time as the Executive Director of the Dysautonomia Foundation. Since then he has devoted all of his efforts to fundraising, advocacy and program management for the benefit of people with familial dysautonomia, a disease for which there is no cure. I had the honor of meeting Mr. Brenner and his awe-inspiring son last Session when he and his family came up here. While the effects of this illness do escalate with time, his son lives a remarkable life full of love, happiness and even employment until his 11 NYS ASSEMBLY MAY 15, 2012 recent advancement of the disease has forced him to be in a wheelchair and has not been able to uphold his employment for various reasons at that time. The usual life expectancy for someone who, unfortunately, has inherited the gene for familial dysautonomia is only 15 years, but Mr. Brenner's son is approaching his 25th birthday in July and that really speaks volumes as to the care and love that his son is receiving from the family and also from support groups about this dreaded disease which can be tested for during pregnancy. So, I would like the Speaker to extend all the cordialities of the House to Mr. David Brenner on the occasion of the Legislature passing a two-House resolution commemorating June 10th as Familial Dysautonomia Awareness Day in New York State. Thank you. ACTING SPEAKER P. RIVERA: Gladly, Ms. Rosenthal. I'm sure that your family truly acknowledges and recognizes the good work that you do and they know the sacrifices that you have made. This is a chance for us to also join your family and become part of that in that kind of recognition and I'm sure that the resolution, I hope you get a copy of it later on today and that your family gets a chance to see it and know that the Legislature truly does care about this issue. So, on behalf of Ms. Rosenthal, the Speaker and all my colleagues, thank you for your sacrifices. Please come back soon and join us here again. Thank you for being with us here today. 12 NYS ASSEMBLY MAY 15, 2012

(Applause) Mr. Tobacco for an introduction. MR. TOBACCO: Good afternoon, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Tobacco, I understand that I had a role last night in your production. MR. TOBACCO: Yes, yes. Thank you very much. Thank you. And on that note, I rise, Mr. Speaker, to introduce my good friend Dave Fisher, a childhood friend of mine, that we went to high school and SUNY Albany up here, college together. Dave is up visiting. He was a big help. We may make him an honorary Rudder. He was a big help with the audiovisuals last night. So, I just rise and ask that you extend the courtesies of the floor to my good friend. ACTING SPEAKER P. RIVERA: Gladly, Mr. Tobacco. We want to thank you for playing a part in the hoax that we did yesterday. I'm sure you must have been an integral part of the whole thing. So, on behalf of Mr. Tobacco, the Speaker and the other Rudders that are here, at least, I'm sure the Pilots also join in this salute to you and we want to thank you for being with us here today. Please enjoy the time that you're here. Come back soon. Thank you for being with us here today. (Applause) Mr. Saladino for an introduction. MR. SALADINO: Thank you, Mr. Speaker. I am very privileged to join with my colleagues in Nassau County to single 13 NYS ASSEMBLY MAY 15, 2012 out three of all of our very distinguished and very brave and very exceptional firefighters and emergency responders. These brave Americans, New Yorkers, people with tremendous heart and, clearly, fearless work so hard day by day to protect us, our families and our property. Three of them I've gotten to know over the course of these nine years as a member and they are Commissioner Rick Bylicki from the South Farmingdale Fire District, Commissioner Joseph Froehlich from the Bethpage Fire District and Commissioner Joel Bearman from the Levittown Fire District. They are exceptional administrators, very hard working and, clearly, they put their efforts and their hearts and their commitment to protecting the public first above all else. So, I join with all of my colleagues in Nassau County, including Assemblyman Dave McDonough, Assemblyman Michael Montesano, Assemblyman Tom McKevitt, Assemblyman Chuck Lavine and all of our Nassau members in congratulating and thanking these tremendously brave and hard-working individuals and I ask that you kindly extend to them all the courtesies of this House. ACTING SPEAKER P. RIVERA: Gladly, Mr. Saladino. As you well know -- Mr. McDonough on the same matter. MR. MCDONOUGH: Thank you, Mr. Speaker. I just want to join with what Assemblyman Saladino just said, and I'm not going to repeat it all because they know that they are worthy of the praise that they get and they do a great job and I'm so happy they're here and I will join with my colleague in asking you to give them all the courtesies of the House. Thank you. 14 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: Thank you, Mr. McDonough. As you've heard from my two colleagues here and throughout the day, we are trying to acknowledge -- I'll take my words back. I'll start all over again in a minute. Mr. Weisenberg on the same matter. MR. WEISENBERG: Thank you, Mr. Speaker. I also would like to welcome our firefighters. Many people don't realize that we have about 130,000 volunteer firefighters in the State of New York; 99.5 percent of the firefighters on Long Island are all volunteers. They are professional. They dedicate their life and service to the protection of their friends, neighbors and families and they're up here today to let people know how important it is to be able to support all of our firefighters, paid and volunteer as well equally. They're also up here to advocate for an opportunity to be able to have a member put on the wall who died in the line of duty on Long Island who is weighing his chance to be able to be initiated for dying in the line of duty. He's on the wall in Washington. He was a firefighter in Malvern, Long Island and there's a tear in the heart of every firefighter and their family to really try and get some justice to try to get Paul Brady on the wall in New York, as he is in Washington, for dying in the line of duty. So, I thank you for your advocacy and your support in helping to get this legislation passed. Thank you for being here and God bless you. ACTING SPEAKER P. RIVERA: Mr. DenDekker 15 NYS ASSEMBLY MAY 15, 2012 on the same subject matter. MR. DENDEKKER: Thank you, Mr. Speaker. You know, they say it's a very small world here in the New York State Assembly and today is a perfect example of that. One of these people that are here today, actually Fire Commissioner Richard Bylicki, also served as a Sergeant in the New York City Police Department and I worked with him in the days, weeks and months following the September 11th tragedy because we were both assigned to the New York City Office of Emergency Management. So, it's my honor to have my colleague here today and to see that there is life after retirement and I commend him on being a fire commissioner as well as the other gentlemen who have been introduced today on the floor. Thank you, Mr. Speaker. Please offer them the cordialities of the House on my behalf also. ACTING SPEAKER P. RIVERA: Ms. Hooper on the same subject matter. MS. HOOPER: Thank you, Mr. Speaker. I wish to join my colleagues, all of whom have spoken on behalf of these brave men and women who, when we are in our homes, whether we are asleep, awake or away, they are there to protect us and I wish and ask you, also, to extend the cordialities of our House. ACTING SPEAKER P. RIVERA: Thank you, Ms. Hooper. As you can see, you have support, broad-based, throughout the State. Many of my colleagues have spoken up about you and 16 NYS ASSEMBLY MAY 15, 2012 about your other colleagues, so it's very important that you're here and that they have a true opportunity to acknowledge the great work that you do. So, on behalf of Mr. Saladino, Mr. McDonough, Mr. Weisenberg, Mr. DenDekker, Ms. Hooper, the Speaker and all my colleagues, please accept our acknowledgments for the great work that you do. Please enjoy the time that you're here, the privileges of the floor. Come back soon. Thank you for being with us here today. (Applause) Mr. Canestrari. MR. CANESTRARI: Yes. After we take up the resolutions on page 3, we will go to the following bills on the debate list: On page 28, Calendar No. 471, Mr. Sean Ryan; followed by, on page 29, Calendar No. 479, Ms. Gibson; followed by Calendar No. 540 on page 34, Mr. Ortiz. So, resolutions on page 3, then 471, 479 and 540 respectively. Thank you. ACTING SPEAKER P. RIVERA: We will proceed to the resolution on page 3, Assembly No. 1320, the Clerk will read. Privileged resolution by Ms. Rosenthal, the Clerk will read. THE CLERK: Resolution No. 1320. Legislative Resolution memorializing Governor Andrew M. Cuomo to proclaim June 10, 2012 as Familial Dysautonomia Awareness Day in the State of New York. WHEREAS, It is the custom of this legislative Body 17 NYS ASSEMBLY MAY 15, 2012 to recognize official days that are set aside to increase awareness of serious issues that affect the lives of citizens of New York State; and WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, it is the sense of this legislative Body to memorialize Governor Andrew M. Cuomo to proclaim June 10, 2012 as Familial Dysautonomia Awareness Day in the State of New York; and WHEREAS, Familial Dysautonomia, also known as FD and Riley-Day Syndrome, is a rare genetic disease that affects the autonomic and sensory nervous systems of children from birth; and WHEREAS, This special day is also known as the 27th Annual FD Day Conference presented by the Dysautonomia Foundation, Inc. and the Dysautonomia Center of New York University; festivities will be held at New York University's Langone Medical Center; and WHEREAS, It is estimated that one in 27 individuals of Eastern European Jewish ancestry is a carrier of the gene for Familial Dysautonomia; New York has the highest concentrations of FD patients in the United States; and WHEREAS, The most striking symptoms of Familial Dysautonomia are reduced sensitivity to pain and temperature, and the inability to produce tears; it affects every major system of the body, causing severe respiratory, cardiac, orthopedic, digestive, renal and vision problems; and WHEREAS, Children with Familial Dysautonomia 18 NYS ASSEMBLY MAY 15, 2012 lack the most basic reflexes and instincts resulting in an inability for their bodies to function normally; and WHEREAS, Children affected by Familial Dysautonomia cannot control their blood pressure or heart rate; they lack the ability to suck at birth and the ability to swallow properly and are at a greater risk of developing pneumonia; and WHEREAS, Familial Dysautonomia was once thought of as a fatal childhood disease with most children expected to live, on average, only to five years of age; advances in treatment have dramatically extended life expectancy, but children with Familial Dysautonomia still suffer from chronic and often debilitating symptoms that prevent them from leading normal lives; and WHEREAS, Currently, the average lifespan of the Familial Dysautonomia population is approximately 15 years; the major causes of death are the result of pulmonary complications or sudden death due to autonomic instability; and WHEREAS, Due to medical advances, it is projected that babies born with Familial Dysautonomia within the last five years will have a 50% chance of surviving to 40 years of age; and WHEREAS, At present, there is no cure for Familial Dysautonomia; treatments are supportive and preventative; and WHEREAS, Supportive therapies for Familial Dysautonomia include medications to maintain and regulate cardiovascular, respiratory, and gastrointestinal function; surgical interventions include fundoplication, gastrostomy, spinal fusion, and 19 NYS ASSEMBLY MAY 15, 2012 tear duct cautery; and WHEREAS, General population genetic screening is now available; such screening can significantly reduce the frequency of new cases of Familial Dysautonomia; and WHEREAS, It is imperative that there be greater public awareness of this serious health issue, and more must be done to increase activity at the local, State and national levels to promote screening and to support the patients as well as their families; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim June 10, 2012 as Familial Dysautonomia Awareness Day in the State of New York; and be it further RESOLVED, That copies of this Resolution, suitably engrossed, be transmitted to The Honorable Andrew M. Cuomo, Governor of the State of New York, the Dysautonomia Center of New York University and to David Brenner, Executive Director, Dysautonomia Foundation, Inc. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. We will next proceed to page 28, Calendar No. 471, the Clerk will read. THE CLERK: Bill No. 9508-A, Calendar No. 471, Ryan, Weinstein, Lavine, Weprin, Zebrowski. An act to amend the 20 NYS ASSEMBLY MAY 15, 2012

Surrogate's Court Procedure Act, in relation to the settlement of informatory accounts by public administrators. ACTING SPEAKER P. RIVERA: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER P. RIVERA: The Clerk will record the vote. (The Clerk recorded the vote.) MR. CANESTRARI: Colleagues, first vote of the day. Please join us in the Chamber, Calendar No. 471, Mr. Sean Ryan's bill. Thank you. ACTING SPEAKER P. RIVERA: Are there any other votes? The Clerk will announce the results. (The Clerk announced the results.) The bill is passed. Mr. Canestrari. MR. CANESTRARI: Mr. Speaker, there will be an immediate meeting of the Ways and Means Committee. Chairman Denny Farrell is overseeing the Chamber now trying to get members in there. Ways and Means, Speaker's Conference Room right now, please. ACTING SPEAKER P. RIVERA: Mr. Farrell is waiting in the Speaker's Conference Room right now. MR. CANESTRARI: And if we could have some quiet, please. I have an introduction on behalf of one of our 21 NYS ASSEMBLY MAY 15, 2012 colleagues. A lot of noise in this Chamber. Colleagues, take your seats. ACTING SPEAKER P. RIVERA: Colleagues, can we have some silence, please? I can't hear myself think. We do have an introduction. Mr. Butler for an introduction. Colleagues. Excuse me, Mr. Butler. MR. BUTLER: Thank you very much, Mr. Speaker. On behalf of our colleague, Assemblyman Fitzpatrick, we have a couple of distinguished guests who are here with the firemen who are here in Albany today. They are Ronald Barz, the ex-Chief of the Hauppauge Fire Department and Greg Anderson, the ex-Chief of the Nesconset Fire Department. They are both involved with the Firefighter Cancer Support Network. Mr. Barz is a cancer survivor and a mentor and they are joining their colleagues in the fire service here in Albany today. So, with your permission, Mr. Speaker, if you would welcome them and give them the courtesies of the House, we would appreciate that very much. ACTING SPEAKER P. RIVERA: Gladly, Mr. Butler. We have been joined by many of your colleagues from throughout the State and we've been -- it's a true honor to have them here. It's also a true honor to have you here with us today. Colleagues, please. So, on behalf of Mr. Fitzpatrick, the Speaker and all my colleagues, please accept this token as a recognition of the great 22 NYS ASSEMBLY MAY 15, 2012 work that you do back home. Please accept the privileges of the floor. Come back soon. Thank you for being with us here today. (Applause) Mr. Canestrari for an introduction. Excuse me, Mr. Canestrari. Colleagues. MR. CANESTRARI: Yes, there's a lot of noise here. Colleagues, please. ACTING SPEAKER P. RIVERA: Thank you. I'm sorry, Mr. Canestrari. MR. CANESTRARI: To the rear of the Chamber with our colleague, Bill Magnarelli, is an individual he would like us to introduce today and the individual is James Werbeck, who has earned the 2012 New York State Middle School Principal of the Year Award from the School Administrators Association of New York State. In November of 1994, Mr. Werbeck was appointed as principal of the Solvay Middle School, which presently serves 200 students in grades four and five. He was responsible for organizing and implementing the school district's first Response to Intervention Team, organizing and implementing the positive behavioral intervention system program, encouraging more parental involvement and facilitating a capital building project for a new middle school. He has improved, obviously, the quality of education throughout his more than 32 years of service and we recently adopted a resolution honoring Mr. Werbeck upon the occasion of his 23 NYS ASSEMBLY MAY 15, 2012 designation as Middle School Principal of the Year. And, again, on behalf of Bill Magnarelli and my colleagues, a word of welcome to this distinguished individual. ACTING SPEAKER P. RIVERA: Gladly, Mr. Canestrari. Thank you for working hard enough to earn that honor. We know that it's a tremendous honor for you and for your family and for your school because it doesn't happen overnight. It doesn't happen quickly. It takes a while to be able to get that kind of recognition. On behalf of Mr. Magnarelli, the Speaker and all my colleagues, please accept this honor as a token of the great work that you have done through the years. Please come back soon and please enjoy the privileges of the floor. Thank you again. (Applause) We will proceed to page 29, Calendar No. 479, the Clerk will read. THE CLERK: Bill No. 543-A, Calendar No. 479, Gibson, P. Rivera, N. Rivera, Titone, Jaffee, Stevenson, Crespo, Aubry, Schimel, Scarborough. An act to amend the Public Health Law, the Tax Law and State Finance Law, in relation to providing for taxpayer gifts for lung cancer education and prevention and establishing the lung cancer education and prevention fund. ACTING SPEAKER P. RIVERA: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER P. RIVERA: The Clerk will 24 NYS ASSEMBLY MAY 15, 2012 record the vote. (The Clerk recorded the vote.) Are there any other votes? The Clerk will announce the results. (The Clerk announced the results.) The bill is passed. Mr. Butler for an introduction. MR. BUTLER: Thank you very much, Mr. Speaker. We are honored to have in the Chamber here today two personal friends of our colleague, Assemblyman Montesano. Charles Parisi is a Village Justice from Roslyn Harbor and a constituent of our colleague, Mr. Lavine, and James Lenick, a constituent of Assemblyman Raia's. Again, Mr. Speaker, if you would offer them the courtesies of the House, we would appreciate it very much. ACTING SPEAKER P. RIVERA: Gladly, Mr. Butler. We want to thank you for being here. We want to thank Mr. Montesano, even though you're not his constituents, for being kind enough to be standing next to you along with Mr. Raia who just felt bad about not being called to task. So, on behalf of Mr. Montesano, Mr. Lavine and Mr. Raia, the Speaker and all my colleagues, please enjoy the time that you're here. Please enjoy the privileges of the floor. Come back soon. Thank you for being here with us today. (Applause) 25 NYS ASSEMBLY MAY 15, 2012

We will proceed to page 34, Calendar No. 540, the Clerk will read. THE CLERK: Bill No. 935, Calendar No. 540, Ortiz, Jacobs, Millman, Castro. An act to amend the Education Law, in relation to the use of inhalers and nebulizers. ACTING SPEAKER P. RIVERA: An explanation is requested. Mr. Ortiz. MR. ORTIZ: Thank you, Mr. Speaker. This bill will authorize the Board of Education of trustees of school districts to allow certain pupils diagnosed with respiratory illnesses to carry a prescribed inhaler and call for the preparation of an asthma action plan for each child authorized to use asthma medication. ACTING SPEAKER P. RIVERA: Mr. Butler. MR. BUTLER: Would the sponsor yield for a couple questions? ACTING SPEAKER P. RIVERA: Mr. Ortiz? MR. ORTIZ: Yes, Mr. Speaker. MR. BUTLER: Mr. Ortiz, I know this has had strong support in the past, and I certainly understand the good intentions of it, but I just have confusion over a couple points that I would like to clear up. When you talk about a student carrying one of these inhalers, will they actually physically carry that on their person or will that be in a storage area or some kind of refrigeration unit somewhere 26 NYS ASSEMBLY MAY 15, 2012 else in the school building? MR. ORTIZ: That will be in the nurse's facility. MR. BUTLER: So, it will not physically be on the person, okay. That's good to know. Now, how are these cases handled now? If a child has asthma or a respiratory problem, how are their conditions cared for in a school? MR. ORTIZ: They usually call 911 and usually that is the reason we're doing the bill because as a result of an incident that happened in Brooklyn, that the 911 phone call was made was delayed with emergency response and a child died. MR. BUTLER: There is no current provision for a student to have in the school an agreement with the family and the school nurse to have these inhalers available now? MR. ORTIZ: They can carry, apparently, the pump, but they cannot carry this particular inhaler in their pockets. MR. BUTLER: Okay. It was my understanding and, again, correct me if I'm wrong, that what this legislation would essentially do is call for the creation of this action plan which makes the physician a part of that plan; is that accurate? MR. ORTIZ: Yes. MR. BUTLER: Okay. MR. ORTIZ: Yes. MR. BUTLER: Okay. Thank you. Thank you. On the bill, Mr. Speaker. 27 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: On the bill. MR. BUTLER: As I said, this bill has had strong support in this House in the past and, certainly, I had a daughter with a severe case of asthma, life-threatening situation a couple of times and I certainly understand the motivation for this bill. That having been said, as I look at it, I think it creates some problems for the school districts in the areas of potential liability. What about a student who has a problem that doesn't have access to this? What responsibility does that put on the school? Whose obligation is it at the school to see that this is administered? Is it the school nurse, ultimately the principal? So, we're in an era now where we're looking to relax mandates to make it easier on schools to try and pull back from the direction we've been going in this House. We pass legislation that makes schools responsible providing for everything from sex education to character education and I think this keeps moving us in that direction. So, with that in mind, I just want to, you know, make my colleagues aware of what this bill does. I understand it's had unanimous support in the past, at least in this House, but I think we're in a different era now when we're trying to be sure that our schools don't have more of these obligations, the commitments foisted on them and it seems that we're doing this by degrees and I think this is another step in that direction. Thank you, Mr. Speaker. 28 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: Mr. Gottfried. MR. GOTTFRIED: Mr. Speaker, I just want to say I think we're forgetting that what this bill is about is taking a very simple step that can make the difference between life and death for a small child in school. I don't know what more needs to be said. ACTING SPEAKER P. RIVERA: Read the last section. THE CLERK: This act shall take effect on the 120th day next succeeding the date on which it shall have become a law. ACTING SPEAKER P. RIVERA: The Clerk will record the vote. (The Clerk recorded the vote.) Mr. Crespo to explain his vote. MR. CRESPO: Thank you, Mr. Speaker. Very briefly, I just wanted to commend the sponsor of this bill. Representing communities of the Southeast Bronx, including Hunts Point, which have some of the most disparate incidences of respiratory illnesses, including asthma, you know, I hear about this issue time and time again and the concerns that parents have for the health and safety of their children and I think that this is a great step forward for schools to do everything they can to ensure the health and livelihood of our children. And so I commend the sponsor and I couldn't be more proud to vote in the affirmative. ACTING SPEAKER P. RIVERA: Mrs. Peoples-Stokes to explain her vote. 29 NYS ASSEMBLY MAY 15, 2012

MRS. PEOPLES-STOKES: Thank you, Mr. Speaker. Very briefly, it's so unfortunate that, as our country grows and our capability to increase technology and do things more bigger and brighter ways, that we're at the same time seeing so many children who are afflicted with respiratory diseases. It says something about how we are allowing business to operate. It says something about how we are allowing children to live in communities where there are hazards to their lives. So, I think it's critically important that this bill gets passed because, unfortunately, this could be the difference between life and death. I remember a few years ago when, prior to -- without the help of this Body, we did not have a nurse in every Buffalo public school and a young lady who was a student at City Honors, which is one of the best high schools in the whole country, had an asthma attack and her classmates literally picked her up, rushed her to the nurse's office only to find the door locked. Now, had it not been for the fact that there was a hospital very close and some adult called the emergency squad, this young lady could have literally passed in the arms of one of her classmates because she had asthma. If students have the opportunity to carry the equipment that they need with them to make sure that they're healthy, then we should want to make sure that that's a possibility. So, I am excited to have the opportunity to vote yes for this bill and I, too, commend the sponsor for its introduction. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Burling. 30 NYS ASSEMBLY MAY 15, 2012

MR. BURLING: Thank you, Mr. Speaker, my colleagues. On the bill to explain my vote. These inhalers that are dispensed and, of course, I've been doing this for about 30 years, are called rescue inhalers and they're called rescue inhalers for a reason, because it needs to be used immediately when the child has come in contact sometimes with an antigen or some other foreign body that makes their bronchial tubes constrict. So, time is of the essence. And many times they may not have the time to get to their nurse's office to get out of a classroom or request that I go to the nurse's office and get my inhaler. So, this is a very, very good bill. This bill is -- it's probably going to save some lives in New York State and I compliment the originator of the bill, Mr. Ortiz. I hope he gets a Senate sponsor and this is one of the good things that we can do for the people of New York State. I withdraw my request and I vote in the positive. Thank you. ACTING SPEAKER P. RIVERA: Are there any other votes? The Clerk will announce the results. (The Clerk announced the results.) The bill is passed. Mr. Canestrari. MR. CANESTRARI: Mr. Speaker, the next two bills that we intend to take up on page 12, Calendar No. 191, Mrs. Gunther, followed by Calendar No. 558 on page 36, Mr. Wright. So, Calendar 31 NYS ASSEMBLY MAY 15, 2012

Nos. 191 followed by 558. Thank you. ACTING SPEAKER P. RIVERA: We will proceed to page 12, Calendar No. 191, the Clerk will read. THE CLERK: Bill No. 5825, Calendar No. 191, Gunther, Abinanti, Burling. An act to amend the Agriculture and Markets Law and the Real Property Law, in relation to agricultural disclosure requirements for agricultural districts. ACTING SPEAKER P. RIVERA: Mrs. Gunther, an explanation is requested. MRS. GUNTHER: This bill increases transparency for prospective buyers if determined that the property they're selling is partially or buying is partially or wholly within 500 feet of an ag district and notify a potential purchaser of this fact at the time of the presentation of the sale contract. ACTING SPEAKER P. RIVERA: Mr. Jordan. MR. JORDAN: Thank you, Mr. Speaker. On the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. JORDAN: You know, this is one of those many bills that we do here that on the surface appear to make a lot of sense and sound good until you actually try to implement them in real life and in practice. You know, ag districts and parcels don't fit neatly into little squares and rubrics. Very often ag districts are irregularly shaped; they're not consistent in terms of their location, nor are they necessarily where you would think they would be. Equally as 32 NYS ASSEMBLY MAY 15, 2012 problematic are parcels sometimes are partly within and partly without an ag district and they are also not uniformly shaped. And although groups will say, Yes, but we have digital mapping, not all counties have access to digital online mapping that is readily available for people. So, you could find a situation where you could compel a homeowner to have to get a very costly survey to find out whether they happen to be within 500 feet. That is certainly one problem, but more problematic is the provision within the bill that says a recording officer will not record or accept for recording any real property conveyance unless it includes this disclosure. Right now our county clerks simply receive the document. If it is properly executed, if it has the proper filing fee they record the document for filing. We are now adding another step that, quite frankly, they may or may not be capable of complying with and that is the parcel located within this area? And I think although it's well intended in an effort, perhaps, to let buyers know if they're located within an ag district, quite frankly, I live in an agricultural county. You can't drive into a town without a clearly-delineated sign that says "This town is protected by right-to-farm law" or it is not. I live on a farm road with two large dairy farms, one on each end. One would assume that that is entirely within an ag district. It is not because of certain decisions made by people unrelated to the farming community and decisions made that are not relevant to property transfers. You could you create a situation where people are going to have to spend more time studying whether or not 33 NYS ASSEMBLY MAY 15, 2012 they're located 500 feet from an ag district than whether or not there's a clear title or whether or not they have a well disclosure or a carbon monoxide disclosure or carbon dioxide discloser or a fire extinguisher or any one of the thousands of things we now burden every real estate transaction for. For that reason and a host of others, I'm sure many of my colleagues will be voting in the negative. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Goodell. MR. GOODELL: Would the sponsor yield? ACTING SPEAKER P. RIVERA: Mrs. Gunther? MRS. GUNTHER: Yes. MR. GOODELL: What is the remedy if this notice is not given? MRS. GUNTHER: Failure of the seller to provide such information to the buyer shall not prevent the recording officer from filing such a deed. MR. GOODELL: I understand that the recording officer could still file a deed. My question is what is the remedy if this notice is not given? MRS. GUNTHER: The information -- there's no penalty at all. There's no penalty at all. This is just an important bill for transparency and for prospective buyers. I know that in my district we've had a lot of complaints about someone not -- you know, in the old days they used to take three farms and they used to put it -- they'd 34 NYS ASSEMBLY MAY 15, 2012 wrap a circle around it and they'd say, This is an ag district, and most people would know that. But now they're kind of there's a farm here and a farm here and somebody buys a house and they buy it in wintertime and summer comes and they put chicken poop all over and the smell is horrendous and these are the calls that I'm getting in my office. So, I think this creates transparency. I just think it's a right thing to do. I've had realtors in my office and I've had no complaints at all. MR. GOODELL: Will this give rise to a private cause of action by a seller or a buyer against the seller if the notice is not given? MRS. GUNTHER: No. MR. GOODELL: So, there's no civil liability for a seller whether or not they comply with this law? MRS. GUNTHER: I don't think this bill really addresses whether you can file suit or not. It really doesn't address it. You've read the bill. I think that there's always the possibility, but I think that, you know, basically -- I mean, there's enough -- the language said that you have to do the information to the best of your ability. MR. GOODELL: Now, as you know, land, in order to be eligible for an agricultural district, has to meet certain requirements as to its agricultural use, but not all agricultural land is in an agricultural district. So, this law has no ramifications to 35 NYS ASSEMBLY MAY 15, 2012 agricultural lands that's outside an agricultural district; is that correct? MRS. GUNTHER: It specifies an ag district. MR. GOODELL: Okay. Thank you. On the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. GOODELL: All of these ag districts are a matter of public record and most people who are buying a house in the countryside, if they do any reasonable due diligence, will understand that they're buying in the countryside and the natural attributes of buying in the countryside is you may be located next to a farm. In addition, I would point out that all the zoning ordinances are on a town-by-town, sometimes a village-by-village basis, which means that regardless of the ag district, you may be in an agricultural area zoned agricultural that's outside an ag district. I think the primary responsibility in this State should be, is currently and should be, on the buyers of property to make a reasonable investigation so they know what they're buying and what kind of zoning it might have and what kind of other ramifications it has. The concern that I have on this bill is while it has no ramifications in itself, there's no enforcement mechanism, it does raise the specter of a private cause of action for somebody violating these and I think that was acknowledged by the sponsor. While the bill is silent, that is always a possibility. In this era I don't think we need to create more ways for lawyers to become profitable, and I say that with all due respect to 36 NYS ASSEMBLY MAY 15, 2012 all my colleagues who are always looking for new and imaginative ways to bring on a lawsuit. I think it's important that we recognize there is some personal responsibility on the part of buyers and that's where it should stay. Thank you. ACTING SPEAKER P. RIVERA: Ms. Glick. MS. GLICK: Thank you. I rise just to support the sponsor's bill. Several years ago when I purchased some property up in Delaware County, I was looking in the winter, which is actually a good thing to do because then you can actually see what's across from you and down the road without all the leafed trees, so it's actually a good thing to go in the winter, but thing you might not know is whether the farm down the road, the prevailing winds actually carry the smell past your house. So, it wasn't required, but they did say to me, You understand this is an agricultural district because, clearly, they didn't want to have somebody complaining. So, they did it without having the requirement. It didn't seem like a burden to anybody. And it was just sort of, I guess, a good business practice and made for good neighbors and we said, Yes, and that's why we chose to be here and we're very happy. And there's really nothing quite like the smell of a freshly-fertilized field to let you know it's spring and it's a good thing. So, I rise to support the measure and don't see where it's an undue burden on those -- it just is common sense. ACTING SPEAKER P. RIVERA: Read the last section. 37 NYS ASSEMBLY MAY 15, 2012

THE CLERK: This act shall take effect immediately. ACTING SPEAKER P. RIVERA: The Clerk will record the vote. (The Clerk recorded the vote.) Are there any other votes? The Clerk will announce the results. (The Clerk announced the results.) The bill is passed. Mr. Jordan for an introduction. MR. JORDAN: Thank you, Mr. Speaker, for allowing me to interrupt these proceedings. On behalf of Assemblyman Phil Palmesano, I would like to welcome two special guests, John Tighe, Fire Chief from the City of Corning, and Dan Smith, Fire Chief from the City of Hornell. They're here with the Association of Fire Chiefs. And on behalf of Assemblymember Palmesano, I would like to extend the cordialities of the House and appreciate your warm welcome. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Gladly, Mr. Jordan. We want to thank Mr. Palmesano for acknowledging the great work that these individuals do. We know that they are part of the fiber of his district. So, on behalf of Mr. Palmesano, the Speaker, all my colleagues, we've been honoring your colleagues while they come in here. We also honor you. Thank you for being with us here today. 38 NYS ASSEMBLY MAY 15, 2012

(Applause) Mr. Jordan for an introduction. MR. JORDAN: Thank you again, Mr. Speaker. On behalf of Assemblyman Ray Walter, from the Pharmacists Association of Western New York we would like to welcome and give a warm welcome to Dennis Galluzzo from Getzville, David Gettman from Buffalo, Jack Koford from Tonawanda, Michael Shuman from Williamsville, Maria DiGuglielmo, she's a student at, appears to be, maybe P.A. Western New York, pharmacy school from western New York, Amherst, and James Mikula, University of Buffalo. I would ask you to welcome these folks that are here today and extend the cordialities of the House. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Gladly, Mr. Jordan. I see Mr. Walter back there and I'm sure he's very proud of the visitors from his district, the fact that they're joining him here and they're going to go back to the district, and also explain that Mr. Walter is a hard-working, industrious individual. So, on behalf of Mr. Walter, the Speaker and all my colleagues, we want to thank you for being with us here today. Thank you for enjoying the privileges of the floor. Come back soon. Thank you again. (Applause) We will proceed to page 36, Calendar No. 558, the Clerk will read. 39 NYS ASSEMBLY MAY 15, 2012

THE CLERK: Bill No. 9148, Calendar No. 558, Wright, Silver, Canestrari, Farrell, Hooper, J. Rivera, Skartados, Kellner. An act to amend the Labor Law, in relation to the minimum wage and making technical corrections relating thereto. ACTING SPEAKER P. RIVERA: Mr. Wright, an explanation is requested. MR. WRIGHT: Gladly, Mr. Speaker. As Chair of the Labor Committee, I'm pleased to sponsor this vitally important piece of legislation to raise the minimum wage in the State of New York. This bill would raise the minimum wage in New York from the current $7.25 an hour to a modest $8.50 an hour; however, it would raise that to $8.50 an hour indexing, indexing it to the rate of inflation. The bill will also set wages for food service workers who receive tips at $5.86 and index the wage to inflation. The Committee conducted three public hearings throughout the State of New York starting in my district of Harlem, going to Syracuse and on up to Buffalo. We heard from hard-working New Yorkers, including employees, business owners, community activists, members of the clergy, members of organized labor as well as economists. The testimony received at the hearings confirm the undeniable fact that today's minimum wage of $7.25 is absolutely insufficient to provide for the basic needs of food and shelter, let alone access to healthcare or retirement security. The Committee heard from many workers, some of 40 NYS ASSEMBLY MAY 15, 2012 whom work two or three jobs in order to survive. They testified that today's minimum wage does not even come close to providing for minimum basic needs. Shockingly, a full-time worker earning minimum wage today makes just over $15,000 a year. This wage falls far short of the Federal poverty threshold and, quite frankly, is totally unacceptable. I would hope that all of my colleagues can agree that New Yorkers who work full time should not, should not, should not be poor. As a result, many full-time, and I repeat, full-time minimum wage workers have to rely on government programs such as Medicaid, food stamps, Child Health Plus and the Home Energy Assistance Program. It is imperative, absolutely imperative that we increase the minimum wage in the State of New York once and for all and provide and right the wrongs and provide some justice to the folks in the State of New York. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Jordan. MR. JORDAN: Thank you, Mr. Speaker. Will the Chairman yield for a few questions? ACTING SPEAKER P. RIVERA: Mr. Wright. MR. WRIGHT: Absolutely, Mr. Speaker; absolutely. MR. JORDAN: Thank you, Mr. Wright. When you were doing the Statewide tour and conducting the hearings, did you explore other options versus raising minimum wage? MR. WRIGHT: What do you mean by "exploring other options"? 41 NYS ASSEMBLY MAY 15, 2012

MR. JORDAN: Well, I guess maybe I'll set the question up a little differently. If we were to increase minimum wage as proposed, who would be bearing that cost; would it be the employer? MR. WRIGHT: For the most part, yes. MR. JORDAN: Okay. Currently, one of the things that we have implemented in this country and this State is a program called the earned income tax credit, earned income tax credit where the government steps in and attempts to supplement wages to assist certain people who fit within the category. And I'm wondering if you explored the possibility of rather than placing this minimum wage increase on the backs of business, if we looked at maybe having the government step in and increase the earned income tax credit program as a way of subsidizing further burdening our stakeholders. MR. WRIGHT: If I'm not mistaken, certainly, those folks under minimum wage are eligible for the earned income tax credit and some folks do explore those possibilities and it is in effect. They're eligible for it now, but lo and behold, if somebody works a 35-hour or 40-hour work week for minimum wage, they should be paid a little bit more and, certainly, yes, we have explored that. But, for example, take my district where it would take a two-adult household with one child, in order to live in my district which has nowhere near the median income of some other districts around the State of New York, it would take about $57,000 in order to exist in my district. 42 NYS ASSEMBLY MAY 15, 2012

MR. JORDAN: So, I'll take that as no, we didn't look at having the government step in and improve or increase the benefits? MR. WRIGHT: Let me just say this. Let me just say this. We did take it into account, but single minimum wage earners without children do not qualify for the earned income tax credit. MR. JORDAN: One other thing, not knowing whether you would know it or not, it's not all that relevant, but 53 percent of those making minimum wage are under the age 25. And I'm wondering did we look at -- because I think one of the stated reasons given for why this is needed is to help families that are working, which is really the intent of the earned income tax credit, is it targets 26 and older. MR. WRIGHT: Mr. Speaker, I'm having difficulty hearing. MR. JORDAN: I'll get closer. Did we look at a minimum wage increase for those that would qualify for the earned income tax credit to target the families versus those under 25 that represent more than half of the wage earners earning minimum wage? MR. WRIGHT: We looked at everybody who was making minimum wage, but over 57 percent of the workers in the State of New York who earned less than $8.25 an hour, over 57 percent are over the age of 25 and that's 57 percent. MR. JORDAN: No, 47. MR. WRIGHT: We looked at everything. MR. JORDAN: Forty-seven percent. Well, I guess, 43 NYS ASSEMBLY MAY 15, 2012 interesting, you described as a modest increase and I'm a bit slow with math, but I'm estimating it's about a 17 percent increase in the minimum wage rate. I happened to take a look at -- you know, we're coming out of a difficult economic time and there's many projecting a very rapid rate of inflation as potential and I looked and compared what would have happened if this bill had been in existence in 1976. And the minimum wage would have gone from $8.50 to $13.22. Is there a safety net in here somewhere to protect businesses that simply wouldn't be able to afford to pay that wage to their workers so they can avoid bankruptcy, layoffs or significant cutbacks? You know, is there a safety net in your bill that guards against rapid and tremendous increases or high percentage increases in the consumer price index? MR. WRIGHT: Well, the average -- and I missed what you said about 1976, but I think the average rate of inflation in recent years has been about 2 percent. MR. JORDAN: Right. That's in recent years and I don't think anyone would argue that we've been in an inflationary -- or claim we've been in an inflationary period. MR. WRIGHT: As I said, I missed what you said about 1976. MR. JORDAN: What I did is I looked at -- MR. WRIGHT: The 20-year average, I'm told, is 2.6 percent. MR. JORDAN: I looked at a four-year period or 44 NYS ASSEMBLY MAY 15, 2012 five-year period, from 1976 through 1980, and the minimum wage would have gone -- MR. WRIGHT: That's ancient history, Tony. MR. JORDAN: Well, history repeats. I think that's an important lesson our history teachers would encourage us to remember. But if we'd had this in place at the time, minimum wage would have gone from $8.50 to over $13 an hour. And my question is, is there a safety net in this bill that says once minimum wage reaches a certain point it's capped so that our businesses are not forced to either lay off workers, go out of business or what have you? Is there a safety net like that in this bill? MR. WRIGHT: The answer is no. MR. JORDAN: Thank you. I'm also curious, I see in the bill I believe we have targeted the consumer price index urban consumer. How did we choose that index? MR. WRIGHT: How did we choose that standard? MR. JORDAN: Yes. Why did you pick that versus the CPI urban wage earner, for instance? MR. WRIGHT: Well, it's a nationally-recognized standard. MR. JORDAN: So is the urban wage earner. And I guess if we're looking at wages, one would typically think that we ought to target an index that's relevant to the wage earner. And the consequence is considerable if you look at the forecast out 12 years, the CPI urban consumer is more than double percentage increase than 45 NYS ASSEMBLY MAY 15, 2012 that of the CPI urban wage earner and the impact that is going to have on businesses is going to be extraordinary. I'm wondering if we considered looking at a different index that may have a less of a negative impact on our businesses? MR. WRIGHT: We chose that index because those states that have raised their minimum wage use this index, so we wanted to be uniform, if you will. MR. JORDAN: Do we provide exemptions for our farm industries, our agricultural industry at all? MR. WRIGHT: No. As a matter of fact, as a matter of fact, in two of my public hearings we heard from the farming community and although they said that they didn't necessarily want to pay the increase in minimum wage, they said that they would accept it and no one would lose their job; that's what we heard during our public hearing. MR. JORDAN: Within this bill, I think, obviously, the intent is to raise minimum wage and then to tie it to some index. What happens if it from, you know, next year the index goes up 1.5 percent, but what if the following year there's a 1.5 percent decrease? What would happen to minimum wage at that point? MR. WRIGHT: It would probably stay even just where it is. MR. JORDAN: Well -- but if it's tied to an index, shouldn't it follow the index? MR. WRIGHT: The rate, only if inflation goes up. 46 NYS ASSEMBLY MAY 15, 2012

MR. JORDAN: Oh, so -- MR. WRIGHT: At the rate of inflation. MR. JORDAN: We're only going to provide escalators? We're not going to actually match and track the index. So it will only go up, it won't go down? MR. WRIGHT: Right. MR. JORDAN: And what happens then that following year? So, now minimum wage is at, let's say, $9 an hour, the CPI urban index drops a percent, but then the following year it goes up 2 percent. What is the increase in minimum wage going to be, 1 percent, the net difference, or is it going to be 2 percent, the increase in that year? MR. WRIGHT: Whatever that year's increase is, then that's what the minimum wage will be. MR. JORDAN: I'm assuming you're familiar, Mr. Wright, with certain businesses that lack the ability to set their price either by virtue of competition, by regulation or what have you. And so, they have a set price that they're able to charge. And when their cost of labor goes up by 17 percent and that either closes the gap to a point where they're no longer making a profit or creates a loss, what is -- does this bill provide for the government to step in and provide that small employer with relief to assist in making their payroll or are they going to have to find other ways -- MR. WRIGHT: Give me an example of businesses that don't set their prices. 47 NYS ASSEMBLY MAY 15, 2012

MR. JORDAN: There's an apple grower in the western part of New York that sells apples to Shop Rite and the Boston Market and they do not get to set their price. There price is set by Shop Rite; this is what we pay. Their cost increases will be approximately $100,000 a year if this were to go into effect. And I'm curious as to since the government is going to impose this on that business and I'm realistic enough to understand that if I have this much of a profit margin and it's now -- my expenses exceed my revenues, I'm losing money and I'm either going to go out of business or I'm going to lay people off if I can't increase my prices. And given that consequence, I think that's completely opposite of the intended goal here. And my question is does this bill provide for the government, since it's imposing this increase -- maybe a good idea or not is not relevant -- are they going to step in and provide assistance to that business so they aren't forced with making the choice of laying off 10 laborers in order to stay in business or close their door and lay off 100? MR. WRIGHT: And I don't know what has happened in the past. I tend to doubt that government has stepped in in those sort of cases. All I can tell you is what we have gone through in terms of the public hearings and what we've heard from. We've heard from business folks in particular that said, and certainly those from the farming community said, that they would not be adverse to raising of this minimum wage. Certainly, they probably would not -- 48 NYS ASSEMBLY MAY 15, 2012 well, some did advocate for it. They would not advocate it that much, but they would not be adverse to it and that's what we heard throughout the State. MR. JORDAN: Thank you, Mr. Speaker. Thank you, Mr. Wright. On the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. JORDAN: You know, we will often hear promoting the notion that we should pay people more, but the reality is the "we" are the very small businesses that are the backbone of this State. Agriculture is the number-one industry in this State. They rely heavily on manual labor. You know, the very people that this bill is designed to help are going to be the very people that it hurts. Fifty-three percent of the people in this State that earn minimum wage are under the age of 26, under 25. It's those jobs that are going to be the jobs that are cut. Every summer all of us benefitted from someone who was gracious enough to hire us, even though, quite frankly, probably many of us didn't return the value on what they were paying us. If we increase minimum wage 17 percent for those wage earners, the reality is going to be the already-small job market for teens and college kids is going to evaporate. The other reality is there is an entire industry and a market of laborers whose wages are based on some multiple of minimum wage. If we increase minimum wage, they're going to expect, if not demand, that their wages increase. The result is going to be layoffs if you're in an 49 NYS ASSEMBLY MAY 15, 2012 industry that does not control its price. We are not a walled-in State in the agricultural industry or in any industry. Our farms compete against Ohio, Pennsylvania, Michigan, Canada, Mexico, Brazil, Australia. We will exceed those wages. They cannot control the price we set or that they set for their product. The dairy industry does not control the price they get for their milk. That is set by a Federal pricing order that is not being changed and is continuing to compress the cost. If we add to their input costs through labor increase, the reality is going to be they're going to be faced with making one of two choices: Close their doors and lay everybody off or lay some of their employees off because they can't afford to pay them. You know, the government did step in and look to address the minimum wage issue. It's particularly relevant when we talk about the agriculture industry. In the United States we have a cheap food policy, but we place that burden on the backs of our producers. We spend in this country maybe 6 to 8 percent of our disposable income on food. In Europe it's 20 to 25 percent. You know, we put that on the backs of the producers, we add 17 percent to their costs, they're going to lay people off because they can't afford to close their doors. And so, rather than helping the laborers and the workers, we are going to hurt them by causing layoffs and it's going to make it more difficult for our youth to get employment when they really need it. You know, it's not a terrible idea to look at ways to 50 NYS ASSEMBLY MAY 15, 2012 supplement through wage supplements, I guess. The earned income tax credit does just that. The $15,000 figure quoted by Mr. Wright actually becomes $21- or $22,000 with an earned income tax credit that gets added on. Let's put the burden -- if we want to support and stabilize the workforce, rather than mandate it on businesses that are already struggling in this State -- it will crush them and cause them to close their doors or leave or certainly not look to come here -- maybe the government should step up to the plate, enhance the earned income tax credit to look to provide stability there. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Murray. MR. MURRAY: Thank you, Mr. Speaker. Would the sponsor yield for a couple of questions, please? ACTING SPEAKER P. RIVERA: Mr. Wright. MR. WRIGHT: Absolutely, Mr. Speaker. MR. MURRAY: Thank you, Mr. Wright. Could you tell us where the money for this will come from? MR. WRIGHT: Wherever it's coming from now. MR. MURRAY: Will there be any tax dollars involved? Will the taxpayers foot any of the bill for this increase? MR. WRIGHT: It does apply to State and local governments, but the cost is very, very, very minimal. MR. MURRAY: So, do we have a number, a guesstimate on how many employees we have currently throughout the State of New York hired by local governments that are making 51 NYS ASSEMBLY MAY 15, 2012 minimum wage; for example, lifeguards, concession stand workers? MR. WRIGHT: Well, let me just say this. I have this figure, I've just been handed this figure. There are 2,167 State employees who make between $7.50 and $8.50 an hour, there are -- out of a total of 33,000 hourly State employees. So, 2,100 out of 33,000. Many of these hourly workers are seasonal employees and -- seasonal employees such as those hired by the New York State Fair, all right? So -- but -- and those folks will not see an increase under this proposal until the summer of 2013. And based on those figures, the costs would be minimal to the State. MR. MURRAY: So, we're talking -- those are State workers? That includes municipal workers, local government like municipal, county, you know, towns, villages, things of have nature? MR. WRIGHT: I couldn't hear you. MR. MURRAY: This includes towns, villages, counties? MR. WRIGHT: Yes. MR. MURRAY: All of those, like, 2,100 throughout the State ? MR. WRIGHT: That's right. MR. MURRAY: Okay. MR. WRIGHT: Let me just say this. I'm sorry. We don't have data for local governments. We don't have data, but I'm sure it's -- MR. MURRAY: I thought that's a bit low at a time 52 NYS ASSEMBLY MAY 15, 2012 when we're telling the local governments that we're trying to relieve the mandates, here comes another one where we're going to now increase the cost for summer help, like I said, lifeguards, concession stand workers, park workers, things of this nature, we're now going to increase their salaries, but on top of that, now the tide rises, doesn't it, Mr. Wright, in that once you have a lifeguard that's making maybe 25 cents over minimum wage or 50 cents over minimum wage, now theirs has to go up to counter that as well, right? MR. WRIGHT: Well, theoretically the cost to the State may go down because we'll be paying less for public assistance benefits and such. MR. MURRAY: I'm thinking it's going to go down because we're going to be paying less employees and I'll bring you to that. When I asked where the money came from, obviously, the overwhelming answer is the private sector. And at a time when we've tried to make this a business-friendly environment, doesn't this send the other message again that, once again, here's another mandate, here's another regulation making it difficult for us to compete among the northeast states, considering the fact that this increase will move us to the third-highest minimum wage in the country, only behind Washington and Oregon? MR. WRIGHT: Well, Mr. Murray, considering that there are about 16 or 17 states that have a higher minimum wage than we do and including the surrounding states of Connecticut, Vermont and Massachusetts, all have higher minimum wages than we have 53 NYS ASSEMBLY MAY 15, 2012 here, so I'm thinking that this would -- a rising tide lifts all boats, if you will, and this will help our workers be able to stay in the State of New York and participate in living here -- MR. MURRAY: Well, I think as we rise -- MR. WRIGHT: -- and becoming good citizens. MR. MURRAY: I think as those tides rise and the boats rise, they're going to sail elsewhere. MR. WRIGHT: Let me just say this, Mr. Murray. MR. MURRAY: Yes. MR. WRIGHT: You know, all economic studies that I have, and I'm certainly by no means an economist, those folks, all the studies that I've seen, say that all those folks that are on the lower rungs of the economic ladders, once they get an increase in pay, they will put that money back into the local economy quicker and faster. Now, certainly, our banks have been bailed out and they've been holding on to the money, so it's these folks that would get the minimum wage increase, they would actually be the ones that would spend the money because of the highest amount of need so, thus, making our local economies that much stronger and much more revitalized and much more stimulated. MR. MURRAY: You know, it's interesting you bring that up because you must have read my mind here. I was going in that direction because I've heard that argument a lot, that there's a direct correlation between economic growth and the rise in minimum wage. Are you familiar -- first, could you -- you said you saw studies. Could 54 NYS ASSEMBLY MAY 15, 2012 you give me a few of the studies? MR. WRIGHT: It was a California study. There have been studies all over the place. I don't have a lot of them right here now. MR. MURRAY: Are you familiar with a Dr. Joseph Sabia; he's formerly of West Point now at San Diego State University? MR. WRIGHT: I think so. Now, I'm told that he might be one of the contributing authors to a Cornell University study. MR. MURRAY: Well, no. He's actually done a different study, but I'll get to the Cornell University study. MR. WRIGHT: Okay. MR. MURRAY: But Dr. Sabia actually says that he's done a study and found absolutely no relationship between past increases in the minimum wage and changes in economic growth. There's no correlation there. There's no proof that that actually does, by cause and effect, improve the economy by raising minimum wage. And, in fact, as long as he gets the -- MR. WRIGHT: From what I understand, and I do believe he might have even stated in that study that there's no correlation between the raising of the minimum wage and job loss as well. MR. MURRAY: Well, again, interesting you brought that -- did you take these notes, because you're following right along. MR. WRIGHT: We're just on the same wavelength here. It's unbelievable. 55 NYS ASSEMBLY MAY 15, 2012

MR. MURRAY: We're going to come back it to that Cornell University Industrial and Labor Relations Review that's coming out -- it came out April of this year that actually -- what it showed was that they found no reduction in State poverty rates associated with increases in minimum wage and, in fact, they found that the minimum wage increases raised the unemployment rate among 16- to 24-year-olds with low incomes and minimal education by roughly 20 percent. So, they actually did find a direct correlation between raising the unemployment rate -- I mean raising minimum wage and unemployment going higher among those receiving it. MR. WRIGHT: Well, I'm going to take issue with that because I guess it depends on what section of the study that you're reading from. And we could go back and forth on this study -- MR. MURRAY: Sure. MR. WRIGHT: -- whatever our interpretations are of the study, but I will read you something from the study myself right now. The study ignores other factors that influence the unemployment rates such as business cycles, changes in the labor force, structural economic changes. Furthermore, it was widely reported throughout the recession that enrollment in the nation's colleges and universities was up. Mostly because of the fear and uncertainty that surround the job market, none of these factors are, in fact, considered in the Cornell study. MR. MURRAY: And it's interesting, Mr. Wright, again, as you said, we could probably go back and forth. I've been 56 NYS ASSEMBLY MAY 15, 2012 handed another study so I could read some stats from that. We'll just take it as we both have good points here. So, thank you, Mr. Wright. MR. WRIGHT: Thank you. MR. MURRAY: Mr. Speaker, on the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. MURRAY: Now, the reason I bring this up is, obviously, I want to point out the fact that it will, in fact, be a mandate on local governments and county governments and also a tax increase because we're going to have to pay these increases in wages to the people who are hired on the government end. But let's look at the private sector and let's take a little look at the impact of what we're talking about. It was interesting when you said a slight increase or a minimum increase. It's actually quite an increase when you factor out these numbers. Based on the fact that we have roughly 91,000 people in the State of New York right now who are on minimum wage, if you take that number, if you were to increase by $1.25, that comes to $113,750 per hour that this is going to cost the businesses in the State of New York. To put that in perspective again, based on an eight-hour day, we're looking at $910,000 per day this is going to cost the private sector and cost as far as the employers throughout the State. If you don't think that's going to have an effect and where do you think this is going to be passed along? It's going to be passed along where the companies either have to cut staff and reduce positions or they're going to raise prices. I'll give you an example. King Kullen is a 57 NYS ASSEMBLY MAY 15, 2012 supermarket chain on Long Island. We're very proud of them. First supermarket chain in the country. They have over 40 stores across Long Island. I talked to them yesterday. I said, What impact would this have on you if this passes? This would cost them $830,000 this year alone. They're not going to get any more production out of this. They're not going to get any more product out of this. It's going to cost them $830,000 and this is a supermarket chain. Again, a very small margin here for profit. So, they're either going to have to reduce their staff or pass along the cost to the consumers or both. So, if we don't think this is going to have a direct impact on us and not have a direct impact on unemployment rates and have a negative impact on the economy, I think we're sadly mistaken. This is going in the wrong direction and I encourage my colleagues to think long and hard about this. There are other alternatives, as my colleague before me had stated, that we can help, but this way is not helping. It's not making it a more business-friendly environment and, in fact, will help those that need the help the most. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Blankenbush. MR. BLANKENBUSH: Thank you. Would the sponsor yield? ACTING SPEAKER P. RIVERA: Mr. Wright. MR. WRIGHT: Yes, Mr. Speaker, I will yield. MR. BLANKENBUSH: Mr. Wright, Mr. Jordan has covered a lot of the questions that I have, but I have a few. 58 NYS ASSEMBLY MAY 15, 2012

You stated that in the public hearings, that you heard from farmers that they would absorb the increase and they didn't have a problem with that. Which hearings were they? MR. WRIGHT: Well, let me just -- needless to say, I did not hear from many farmers in my Harlem hearing, but I did hear from farmers in our Syracuse hearing and in the Buffalo hearing. The sentiments that some of the farmers put forth, they said that they had had employees for some 15, some 20, some 25 years and they were longstanding employees and did not want to lose them in that they would find a way to pay for this minimum wage. They didn't necessarily like it, but that they would find a way to pay these loyal workers that had been with them for many, many years. That's what I heard at this public hearing, at the three public hearings that we had throughout the State. MR. BLANKENBUSH: In Syracuse? Did you say in Syracuse they said that? MR. WRIGHT: The public hearings, one was in Harlem, one was in Syracuse and one -- MR. BLANKENBUSH: I'm asking you specifically. MR. WRIGHT: -- and one -- I'm about to tell you, Mr. Blankenbush. I'm about to tell you. One was in Harlem -- MR. BLANKENBUSH: I'm just asking Syracuse. MR. WRIGHT: Do you want me to finish? I'll finish if you give me a chance, Mr. Blankenbush. Thank you. I said one hearing was in Harlem in the City of New 59 NYS ASSEMBLY MAY 15, 2012

York, the other hearing was in Syracuse and the other one was in Buffalo. Now, if you're asking me which exact hearing that that sentiment was stated, it was either Syracuse or Buffalo and I'll tell you why, because I listened to over 40 speakers per hearing, so I may have gotten them a little mixed up, whether it was Syracuse or Buffalo, if that's fair. MR. BLANKENBUSH: So, just -- the question I have, though, is because we didn't hear that in Syracuse. Was this after the hearing or during the hearing that you heard farmers say that? MR. WRIGHT: I said it was either in Syracuse or in Buffalo. MR. BLANKENBUSH: Okay. MR. WRIGHT: Okay. Now, were you at the Syracuse hearing? MR. BLANKENBUSH: No; my people were. MR. WRIGHT: Then how can you say you didn't hear that in Syracuse? MR. BLANKENBUSH: Because I had someone at this hearing. MR. WRIGHT: Oh, well, maybe it was filtered. Maybe something was lost in the translation. MR. BLANKENBUSH: Maybe, but I doubt it. MR. WRIGHT: It could be definitely construed, as my colleague, Mr. Heastie, just said, it could be construed as hearsay. MR. BLANKENBUSH: Very good. Okay. In this 60 NYS ASSEMBLY MAY 15, 2012 bill, is there any adjustments at all for farmers that provide their labor force with housing, electricity? MR. WRIGHT: Whatever current allowances there are for farmers will still be in effect, whatever the current allowances are. MR. BLANKENBUSH: Okay. But it doesn't state it in this bill? MR. WRIGHT: Not specifically, but whatever allowances -- because I do know that there are allowances that are made for farmers that do provide housing and Department of Labor has established guidelines for such things. MR. BLANKENBUSH: All right. MR. WRIGHT: And they are in effect and they would stay in effect. MR. BLANKENBUSH: Okay. Thank you. On the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. BLANKENBUSH: Mr. Speaker, my district's number-one industry is agriculture. In the counties that I represent, I haven't heard of one farmer coming up to me and saying to me that they are going to be able to absorb this increase. Now, people in the dairy industry know right now the prices of milk is going down; at the same time, the cost of feed is going up. The corn, soybean is increasing. It's at a level right now, again, that the dairy farmers are just about breaking even with the 61 NYS ASSEMBLY MAY 15, 2012 production of their milk. Increasing the cost of living wage on our farmers, especially our dairy farmers, are not going to help create jobs in that industry; in fact, they'll think about not hiring people that they usually hire. The second point I want to make is I, too, had some of my own public hearings and I was in Gouverneur a couple weeks ago in St. Lawrence County and I met with several business owners. One was a lady who has 30 employees. She told me at that hearing that she probably could hire another five or ten people, that's how busy she is, but she's putting it on a hold, she's not hiring these people because she wants to see what Albany does first. As a matter of fact, she told me at that hearing that if the minimum wage goes the way of this minimum wage bill, there would probably be a decrease of five or ten people in that 30-member industry. Now, the reason she's going to be doing that is she could turn jobs down and, according to her, make as much money doing that than to go on and hiring the people that she wants to hire. So, in my hearings, I'm not getting warm and fuzzy from the farmers and from our business people that are saying that this is a good thing. The problem I have with this bill is that it increases 17 percent and it's tied to CPI. Do we need an increase in the minimum wage? Perhaps that could be, you know, another discussion, but it's not, in my opinion, this bill because of going up 17 percent and tying it to the CPI. How is a business going to project every year about the increases in wages? How are they going to react 62 NYS ASSEMBLY MAY 15, 2012 to that? And, again, someone else said this earlier, that in my area there's a lot of students, there's a lot of high school kids that work in the retail, the restaurant business and I have been receiving several e-mails from owners of those businesses saying that this is going to stop them from hiring entry-level positions into the workforce. So, therefore, I will not be voting on this particular bill. Thank you. ACTING SPEAKER P. RIVERA: Ms. Calhoun. MS. CALHOUN: Thank you, Mr. Speaker, my colleagues. I'm going to speak on the bill. ACTING SPEAKER P. RIVERA: On the bill. MS. CALHOUN: And what I would like to say, and I really hope everyone takes this to heart, in July of 2009 the minimum wage went to $7.25. If you took just the cost of living between then and now it would be $7.75 and, yet, here we are looking at changing it immediately to 75 cents higher than that and increasing it to $8.50. When the question was asked in a survey that showed people favored raising the minimum wage, this was the question: Is raising the minimum wage in New York State a good idea because it adds money to people's income during difficult times? Well, I think everyone would feel very supportive of that. I want to tell you something. I am supportive of increasing the minimum wage. The problem I have with this bill, and I would urge everyone within this room to look at it, the problem is 63 NYS ASSEMBLY MAY 15, 2012 the escalator because what you're doing is you're keeping it rolling and rolling. We have never done an escalator before in the State of New York. We have had minimum wage increases and I think that had the bill gone to maybe $8 an hour, which is still a 75 cent increase, but with no escalator, we come back in two or three years, as we've done in the past, and we look at it based upon what the economics are going to be at that time. So, I think it was very shortsighted to lock in that it's either going to be this or nothing when really the issue is can we stand a small increase? My answer to that is yes. Can we afford to put in an escalator that will increase over and over? My answer is no. And so, therefore, we took an opportunity that could have been good to do something, but in trying to increase it exponentially for years and years to come, you're going to lose that good idea and you're not going to see it happen in the State of New York. You may pass it here today, but you're not going to see that bill enacted in the State of New York this year. So, I say that we are making a mistake with an escalator. The bill would have stood on its own and I voted for the last minimum wage, so this isn't something where people are automatically opposed. You have to look at the whole picture and what this will do to businesses for years and years to come. Thank you, Mr. Speaker and my colleagues. ACTING SPEAKER P. RIVERA: Mr. Kellner. MR. KELLNER: Mr. Speaker, would the Chairman yield for a few questions? 64 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: Mr. Wright. MR. WRIGHT: Absolutely, Mr. Speaker. MR. KELLNER: Mr. Chairman, when was the last time the minimum wage was raised? MR. WRIGHT: 2004. MR. KELLNER: 2004. So, it's been a good, long period of time, has it not, Mr. Chairman? MR. WRIGHT: It's been a while, absolutely. Too long, as far as I'm concerned. MR. KELLNER: And if the minimum wage was indexed to inflation, what would the minimum wage be today, Mr. Chairman? MR. WRIGHT: If it were indexed to inflation going back to 2004, I think it would be in the area of $10.15 an hour, something like that. MR. KELLNER: So, we're actually doing small business a favor by not raising it up that high; am I correct, Mr. Chairman? MR. WRIGHT: We always like doing favors for small business. MR. KELLNER: Well, Mr. Chairman, you would agree that it's far past time to raise the minimum wage? MR. WRIGHT: Oh, yes, absolutely. People -- there are a lot of folks out here that make minimum wage and everything else is going up. Food is going up. Clothing is going up. Necessities, 65 NYS ASSEMBLY MAY 15, 2012 medicine is going up and the folks that are on the bottom rungs of the economic ladders need to be able to pay for these things so they need a raise in income as well. MR. KELLNER: And, Mr. Chairman, can I just have an understanding of why the escalator? Is it because we, in the Legislature, sometimes fail to act for long periods of time so maybe an automatic increase is a good thing? MR. WRIGHT: Well, I wouldn't quite put it that way but, certainly, I would agree with that sentiment. MR. KELLNER: Thank you, Mr. Chairman. MR. WRIGHT: Thank you. MR. KELLNER: Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mrs. Rabbitt. MRS. RABBITT: Thank you, Mr. Speaker. On the bill, please. ACTING SPEAKER P. RIVERA: On the bill. MRS. RABBITT: I think the Chairman of the Labor Committee has great intentions. He's speaking from his heart in what he believes is the best for the State of New York, but each one of us represent different parts of the State and in my district, particularly, the engines behind the economics are the small businesses. The small business owner who says, I cannot take one more cent and pay the State of New York to make payroll -- between unemployment, workmen's comp, we just had the MTA tax, okay, they're still paying it. We know that that's going to lapse. It's just one burden after 66 NYS ASSEMBLY MAY 15, 2012 another, more regulations. We do so much to the small businesses and we ask so much in return from them. And when I think of hearings in the State of New York, I think it's great, but the people in my district don't have time. When I drive through the villages and towns that I represent, every single business owner is in that business working seven days a week for a very small profit. As a business owner myself, there is not a large margin for most of us who work seven days a week. So, today I will being voting no and not for the great intention that minimum wage should be raised, the cost of living is so high, but we here in the New York State Legislature do a great job of making it very difficult for that small business owner, so I will be voting in the negative. Thank you. ACTING SPEAKER P. RIVERA: Mr. Donald Miller. MR. D. MILLER: Thank you, Mr. Speaker. On the bill, please. ACTING SPEAKER P. RIVERA: On the bill. MR. D. MILLER: You know, just a couple of observations. This bill, this is an interesting bill. And the hearings were quite interesting as well. I didn't hear -- I was at the Syracuse hearing and I didn't hear any farmers talk about being happy about this or -- and did I hear them say, Well, I guess we'll find a way, as was mentioned earlier, and of course they'll find a way; we're mandating the change. But, you know, we have a moral obligation to care for our 67 NYS ASSEMBLY MAY 15, 2012 neighbors and that moral obligation is a result of a spiritual command. You know, one of the things I did hear in Syracuse was the idea that $8.50 is actually not enough. $8.50 is not a living wage and that the $8.50 is, you know, what we can do right now. You know, in Syracuse on $8.50 an hour, a family can't afford food on $8.50 an hour, it can't afford clothes, it can't afford to pay the rent. This isn't really about making sure that families have enough money to live on. I want incomes for low-wage workers to rise. Heck, I want incomes for every worker to rise. That's not the question here. We have an obligation, as a result of a spiritual command, to clothe the naked, to feed the hungry and to shelter the homeless. That's not what this bill is about. This bill -- we need to admit two things about this bill. First, a minimum wage increase of this sort in an election year is pure politics; that's what this is. The other thing we need to admit is us, as a Legislature, as a State, we need to admit our own responsibility in the plight of low-income workers. What are the cost drivers for low-wage workers in New York State? What are they? Where do low-wage workers spend their money? New York State piles on the most regressive, the most excessive taxes on low-wage workers in the country. Low-wage workers, where do they spend their money? Gasoline, cell phones, health insurance, day care, clothing. New York State taxes on those five items are among the highest in the nation. They're among the most regressive and, yet, we sit here and we look at each other and we pat ourselves on the back and say, Well, we'd like to increase wages 68 NYS ASSEMBLY MAY 15, 2012 for low-income workers. That's not at all what's happening here. We need to offer a better solution. We need a better alternative. We need an alternative, we need a solution that actually helps low-wage workers to better their lot in life. The simplest way to do that is to begin to peel back just a little bit -- I'm not talking about repeal, I'm talking about just roll back a little bit taxes on those five items and what do you have? You instantly, instantly increase the value of every worker's paycheck and you don't have to have a conversation about inflation, cost multipliers through a supply chain, who keeps their job, who loses their job. You don't have to have those conversations if you begin to just step back those taxes. Low-wage workers see an instant rise in the value their paycheck. There are no inflationary effects and everyone keeps their job. You know, one of the things that was brought up in Syracuse and one of the things that I've heard in debate is this idea that a minimum wage increase is ideal because folks at the low end of the pay scale will spend the money if we just give it to them. Some new numbers out today: 23.4 percent of Americans, 23.4 percent, have zero savings, none; 41.6 percent of Americans have savings of $1,500 or less, 41.6 percent of Americans have savings of $1,500 or less. Who do you imagine are the folks who have no or little savings? They're the folks at the low end of the wage scale; imagine that. The last thing that we ought to do is to encourage consumption by folks at the low end of the wage scale. We need to 69 NYS ASSEMBLY MAY 15, 2012 encourage savings by folks at the low end of the wage scale. That's how folks move up the wage scale. That's how you begin to save for college for your kids and retirement and healthcare and all the other things that a family needs to pay for. You know, there are better ways. If we were to roll back those taxes that are the most burdensome to low-wage workers, we'd go a long way to doing what this bill pretends to do. The other end of that, where do you imagine the most savings are? 14. -- where is it? 14.6 percent of Americans have savings of $50,000 or more, 14.6. Guess who those folks are? ACTING SPEAKER P. RIVERA: Ms. Gunther, why do you rise? MRS. GUNTHER: Would the speaker allow me to ask a few questions? MR. D. MILLER: Of course. ACTING SPEAKER P. RIVERA: Mr. Miller, will you yield? MR. D. MILLER: Certainly. MRS. GUNTHER: I just want to understand when you say that an increased wage would encourage consumption with people that are minimum wage earners, in my opinion -- MR. D. MILLER: That's not what I said. MRS. GUNTHER: Just one second. MR. D. MILLER: Okay. MRS. GUNTHER: If you increase minimum wage 70 NYS ASSEMBLY MAY 15, 2012 they might be able to buy a loaf of bread and a gallon of milk on the same day? But I just want you to explain how that encourages poor people to consume more when, at this point, when children go to school and they're from minimum wage-earning parents, that they have to have breakfast and lunch in school and, God forbid, they go home at lunchtime because they miss lunch. And I just want to you explain that. MR. D. MILLER: That's actually -- I'm happy to explain it. That's actually not what I said. What I said was the argument that I've heard is that an increase in the minimum wage will, most likely, be spent by folks at the low end of the wage scale and my point is that encouraging that consumption -- the principle of encouraging consumption is a bad idea. What we ought to be encouraging is savings by folks at the low end of the wage scale. MRS. GUNTHER: But honestly, tell me what you save when you make $7.15? My mom is 84 years old. She comes from an immigrant family. She looks at it and she -- she looks at people that have a lot less. This is what this country was made about, my parents coming over and coming to this great country. And we take care of our poor. We take care of our children. We take care of the homeless and to deny people $8.25 an hour? You know, I'm looking towards -- can I mention a big box store? Am I allowed to? There's big box stores and they're the people -- small business, I understand. But again, there's a domino effect. You make more and, you're right, you buy two loaves of bread 71 NYS ASSEMBLY MAY 15, 2012 rather than one; you buy two gallons of milk rather than one. And I just think that this has waited too long. Again, somebody up there said that it would have been $10.38 if it continued at the rate of inflation, but it didn't and now it's time to act. It's time to look at our poor, our children, the people that need it most, not corporations and give them tax breaks, but the people that need it most. MR. D. MILLER: And, Mr. Speaker, I don't disagree and that's exactly my point. One of the points that was made in Syracuse is that $8.50 is not enough and the problem that I've got with this is that this bill isn't really designed to raise anyone out of poverty. That's the point. This is not a living wage bill, this is a political thing that's designed for election year politicking. That's all it is. If we really, really want to help folks at the low end of the wage scale than we, as a State, have to admit our responsibility. We have to recognize the burden that we place on low-end wage workers and we need to do something about it. ACTING SPEAKER P. RIVERA: Excuse me, Mr. Miller. Ms. Naomi Rivera, why do you rise? MS. N. RIVERA: Yes. Will the Speaker yield for a question? ACTING SPEAKER P. RIVERA: Mr. Miller, will you yield? MR. D. MILLER: Of course. MS. N. RIVERA: Do you know what the minimum 72 NYS ASSEMBLY MAY 15, 2012 wage was a 50 years ago? MR. D. MILLER: I don't. Do you? MS. N. RIVERA: It was $1. MR. D. MILLER: Okay. MR. N. RIVERA: Do you know how much it cost for a pound of cheese 50 years ago? MR. D. MILLER: I don't. Do you? MS. N. RIVERA: Thirty-nine cents and a dozen of eggs 55 cents. Do you know what a pound of cheese costs today? MR. D. MILLER: It depends on what kind of cheese you buy. MS. N. RIVERA: And that would have been the same case over 50 years ago. It is almost $5, if not over. Do you know what a dozen eggs go for? MR. D. MILLER: Well, I usually pay $1.09 for the Grade A large. MS. N. RIVERA: Well, they can go up to $4 depending on the type of eggs you purchase. MR. D. MILLER: And where you purchase them. MS. N. RIVERA: You know -- on the bill. Can I speak on the bill? MR. D. MILLER: Actually, this is my time. ACTING SPEAKER P. RIVERA: Do you want his time? He has to yield. MR. D. MILLER: You'll have a chance, I promise. 73 NYS ASSEMBLY MAY 15, 2012

So, getting back to the point here -- you know, thank you for the grocery list. ACTING SPEAKER P. RIVERA: Excuse me, Mr. Miller. Mr. Gantt, why do you rise? MR. GANTT: Will Mr. Miller yield? ACTING SPEAKER P. RIVERA: Mr. Miller will you yield to Mr. Gantt? You have four minutes left. MR. D. MILLER: Mr. Gantt, I'll give you two minutes. MR. GANTT: That's okay, Mr. Miller. I probably won't even need that much time. MR. D. MILLER: Okay. MR. GANTT: You know, where I come from time is very valuable. But the fact is you keep talking about a living wage. If you want to put a bill in on a living wage, I would be willing to join you, how's that? MR. D. MILLER: Good. MR. GANTT: So, are you going to put the bill? MR. D. MILLER: I'll certainly consider it. You and I should sit down and talk about it. MR. GANTT: Mr. Miller, are you going to put the bill in? Because I'll join you. MR. D. MILLER: Let's you and I sit down and talk about it. Absolutely. Let's talk about it. Let's talk about a good bill. MR. GANTT: Well, we can talk about it now if 74 NYS ASSEMBLY MAY 15, 2012 you're willing to put it in. I'm willing to join you and, Naomi, I'll speak for you, I don't normally have people speak for me, but I'm sure Naomi would join. ACTING SPEAKER P. RIVERA: Colleagues, if we could have some decorum here, please. MR. GANTT: I'm very sorry, sir. ACTING SPEAKER P. RIVERA: If we can have some decorum. Mr. Miller. MR. GANTT: Thank you, Mr. Miller. MR. D. MILLER: Yes. The answer to the question is heck, yeah, let's talk about it because that's -- and, again, that's exactly my point. This isn't about doing what's right for folks at the low end of the wage scale and what you're seeing here, Mr. Speaker, is an attempt to obfuscate and deny the responsibility of this Legislature, to deny the burden that we've placed on low-end wage earners; that's the problem that we've got in this State. We don't have -- you know, we don't have a situation where -- you know, we're not a low-tax State. We're not a low-spending State. We are an extraordinarily high taxing State, an extraordinarily high spending State and some of the most regressive taxes in the nation are right here in New York on low-end wage earners. That's what we need to correct. And I will, I'll take up the point that was brought up earlier. Another great way to handle this would be to go to some of 75 NYS ASSEMBLY MAY 15, 2012 those folks who have huge savings, some of the folks who are small business owners, some of the folks who are big business owners. I don't care what size business it is. Go to the employers. Offer them some incentives to increase wages. I would absolutely love to see some tax credits, some tax breaks, some regulatory relief for some of the employers. ACTING SPEAKER P. RIVERA: Excuse me, Mr. Miller. Mr. Ramos, why do you rise? MR. RAMOS: Will Mr. Miller just yield for a quick question? ACTING SPEAKER P. RIVERA: Mr. Miller, will you yield to Mr. Ramos your last -- MR. D. MILLER: How much time do I have? MR. RAMOS: Very brief. Very brief. ACTING SPEAKER P. RIVERA: You have a little over a minute. MR. D. MILLER: A little over a minute. MR. RAMOS: It will be very brief. MR. D. MILLER: Okay; 30 seconds. MR. RAMOS: Thirty seconds. And I'm not sure if I heard you right. Did you actually say that it's not good for the economy to have minimum wage earners spend their money, that it's preferable for the economy for them to save? MR. D. MILLER: No. I'll explain this again. What I 76 NYS ASSEMBLY MAY 15, 2012 said was the argument that's been made is that low-wage earners, if they're given a minimum wage increase, that low-wage earners will spend the vast majority of that money, and the argument has been made that that's good for the economy. MR. RAMOS: And you don't believe it's good for the economy? MR. D. MILLER: Well, my argument is that -- whether it's good for the economy or not, my argument is that is not the kind of policy that this Legislature should be pursuing. We should be pursuing savings and capital formation for folks at the low end of the wage scale because that's what helps to rise families out of poverty. That's how you pay for college education for your kids. That's how you pay for healthcare. That's how you pay for retirement, capital formation, not spending money on -- you know, we shouldn't be encouraging families to spend more money. We should be encouraging families to do the things that are best for themselves and their kids. We create -- we craft policies in this Legislature -- MR. RAMOS: Let me ask you something. MR. D. MILLER: -- that are absolutely detrimental to the futures of families and the kids that they're raising. And, Mr. Speaker, that is precisely why this bill, in my opinion, ought to go down in flames. This bill does not do what it purports to do. We ought to be looking at rolling back taxes on low-wage earners. We ought to be looking at providing tax credits, 77 NYS ASSEMBLY MAY 15, 2012 tax incentives to producers, to job creators. You know, you can't sit -- ACTING SPEAKER P. RIVERA: Mr. Miller, your time is up. I know that there are several other colleagues that would like to speak. MR. D. MILLER: Fair enough, but I'll leave you with this: You can't -- no one can make the argument rationally, reasonably that they love jobs but they hate job creators. We need to take care of this on both ends of the scale. ACTING SPEAKER P. RIVERA: Thank you, Mr. Miller. Mr. Cahill. Could you hold on one second, Mr. Cahill? Mr. Cahill. MR. CAHILL: Thank you, Mr. Speaker. Sometimes we have to state the obvious. I was not persuaded by the previous speaker. Minimum wage is not the recipe to fix all of the social ills that we face in society. Minimum wage is a statement that we make as a government that no one should be allowed to sell their labor for less than that amount per hour; that's what it stands for. Does it have consequences? Yes, it has consequences. Do all the actions we take here have consequences? Of course they do. So, should we deal with taxes on the poor? Yes, we should. Let's index the income tax in New York State so that the poor pay less and the wealthy pay more. 78 NYS ASSEMBLY MAY 15, 2012

Should we end the taxes on clothing? Yes, we should, and I think we did. Should we expire the taxes on utility bills? Yes, we should. And when the opportunity comes up in a year or so to deal with that, I hope that many in this room will join me in trying to make that happen. But we should do some other things, too, if we're going to be concerned about the poor, and let's talk about the young poor, the young working poor, the people who we've been told time and again who, for some reason, apparently, are not worth it, the same as others, are young who are going to get this wage. Well, a lot of people in this room last year voted to raise their tuition and they've got to find a way to pay for that tuition. And if you go back to the last time we dealt with the minimum wage, we've raised tuition a lot more than 17 percent since then. The price of a movie. I know it's frivolous. Heaven forbid somebody making minimum wage take a couple hours out of their week to go to a movie with their family, but it would take them right now four hours of wages to pay for movie tickets for their family. It would take them 100 hours a month, 100 hours a month -- think about that, how many hours do you work in a month -- and 100 hours a month just to pay the rent and that's what we're talking about here. We're talking about raising the minimum amount we think somebody should be able to sell their labor for by a very small amount, a dollar and a quarter an hour, and we're talking about making it so we don't have political theater every couple of years 79 NYS ASSEMBLY MAY 15, 2012 when it comes to dealing with the people who are least represented in this room on most days, least represented in most capitals of this country. This is a day we ought to be standing up for them for a change. We're really quick to talk about how, if we put a few more dollars in the pockets of rich people how much better that's going to make society, but boy, oh, boy, I heard a dozen times today already how putting a few more pennies in the pockets of poor people is going to bring this economy to its knees. Bull. It's time that we sit here today and think about the impact of our actions on the people who live and work in this State. When we think about the people who are working in small businesses, you know what? By and large small businesses are not paying minimum wage to most of their employees. Big businesses are paying minimum wage to their employees and people are traveling further and further to get to that job. You know, if you commute 15 miles to work, you've got to work two hours of that day to pay for that commute? Isn't that a little bit outrageous? Isn't it time -- ACTING SPEAKER P. RIVERA: Mr. Miller, why do you rise? MR. D. MILLER: Mr. Speaker, I was wondering if the speaker would yield for just a quick question? MR. CAHILL: Absolutely, Mr. Miller; Mr. Speaker. MR. D. MILLER: I'm trying to figure out, you said you weren't persuaded by the previous speaker, which is me, but -- 80 NYS ASSEMBLY MAY 15, 2012

MR. CAHILL: You're very -- very quick. MR. D. MILLER: I'm quick that way. I've almost got this legislating thing down to a science here. I'm wondering, based on what you're saying, you're talking about, you know, putting some more money back in the pockets of low-income workers. MR. CAHILL: Yep. MR. D. MILLER: That's exactly what I'm talking about with peeling back some of these taxes, so in the spirit of Mr. Gantt's request to me, I was wondering if perhaps you would join me in working out some of those tax cuts? MR. CAHILL: Let's do it but, you know what? I don't know what that has to do with a minimum wage bill. You know, we call that a little bit of a red herring. If we were here talking about tax cuts, I'd be more than happy to stand here for the next 15 minutes with you on your time or my time and talk about tax cuts. So, let's do that when we're talking about tax cuts. MR. D. MILLER: Let's do it. MR. CAHILL: But let's talk here today about the minimum wage; that is the wage we pay the lowest-paid employees in this State, the lowest-paid people who are working for a living trying to get by, trying to save a dollar toward tuition, trying to put a gallon of gas in their car, trying to pay the rent, trying to pay the electric bill and trying to pay the cell phone bill which, of course, has become a necessity. So, let's talk about how we can help them. How can we help them? We can help them by taking the discussion of the 81 NYS ASSEMBLY MAY 15, 2012 minimum wage out of this room and the sponsor of this bill has done exactly that by raising it to a level that maybe is a little bit more respectable than it is today and by making sure that there's a cost of living escalator in there so that we don't have ever to hear this nonsense again. Mr. Speaker, thank you very much. ACTING SPEAKER P. RIVERA: Mr. Canestrari. MR. CANESTRARI: We have to take a minute-or-so break to get the computers cooperating with us. We're having difficulty picking up who wants to speak. So, once we get the signal, we'll begin and renew the debate. And those of you who wanted to speak, please press the button again to make sure it registered appropriately. So, let's take a break for a minute or so until the system is on target. Thank you. Mr. Dunn, do your work. ACTING SPEAKER P. RIVERA: Mr. Joel Miller. MR. J. MILLER: Thank you, Mr. Speaker. I've listened to many of my colleagues and, clearly, they have a legitimate concern for small business and the economy. And I listened to many of my friends on the other side of the aisle, and even Kevin Cahill, and I have a great deal of respect for the things that you have said. And the reality is this is still America. This is still supposed to be the land of opportunity. This is supposed to be a place where, if you work, you get some type of reward. You ask young people today, they pay their 82 NYS ASSEMBLY MAY 15, 2012 baby-sitters far more than the minimum wage. That's for sitting in the house with a theoretical responsibility. Most of the time nothing happens, but we pay well over the minimum wage and don't think twice about it. We worry about people in the inner city and we worry about people in poor communities. They work. They have to work more than one job. The amount of money they have doesn't allow them to spend time with their kids. The kids get into trouble; they end up in the criminal justice system. It costs us far more than the minimum wage, an increase in the minimum wage would have cost us. We insist that people work and never get ahead. But it's not just the minimum wage. Look at the middle class. Except for those people who are, like, school teachers or State workers that have a powerful union that we listen to, right? Teachers' union comes to you and goes, Well, I'm only making $100,000, I'd like my 6 percent pay raise on top of my step, what about it? Elections are coming up. And you don't say it to them, What about the poor people on the minimum wage? What about the people in the community that have to pay these bills? What about the fact that a teacher in the City of Poughkeepsie, on average, earns more than twice the average of the families within that city? So, if you have a well-organized pressure group, if you have some real input into the system, if you can threaten one of us with, you know, a change in our campaign strategy, we listen to you. But the people on the minimum wage don't have any of that. They 83 NYS ASSEMBLY MAY 15, 2012 have those people who stood up and supported them because that's their special interest. The legislators who go and say, It's not right to work for no more than $7 and a few pennies, it's not right. To have to work for two hours to buy a CD -- and I don't mean a bank CD, I mean a little music -- is not right. Those people, overwhelmingly, who work for the minimum wage live in areas where the cost of living is higher than almost anywhere else. When with we talk about, you know, we have a minimum wage that's higher than other states, we have a cost of living that's higher than other states. Our food costs more. It is amazing just to compare New York with Texas. A significant difference in food, maybe as much as a 50 percent difference. We should not be proud of a system which tries to gain advantage on the backs of the unfortunate and continue to have them work at a wage which is indecent in any way that you look at it. It is not at all proper. It should make people feel horrible that they're willing to have other people forced into that situation. Yes, other people would take a job in a heartbeat until they have the job. When you have nothing, it looks good and then day after day when you work at that job and get almost nothing in return, you know, then it's not so good anymore. It's like that hot bath. You know, after a while it's not so hot anymore. The bottom line is what a terrible life it is and we don't walk in their shoes. We don't feel the frustration. We don't feel the disadvantage. We do pretty well. The people we know do pretty 84 NYS ASSEMBLY MAY 15, 2012 well. The people we know are not going to be put out of business by having to pay $40 more to an employee in a week. If $40 more per person in a week is going to put you out of business, you're already out of business, you just haven't figured it out yet. What a terrible thing to try and justify that low wage. Now, again, I understand that my colleagues on this side make a very good point. If you really do put businesses out of business, no one has a job. If you really discourage people from coming into the State and creating new jobs, the economy cannot grow. And I admit, to some extent, those arguments are valid. But I would argue that keeping people in the worst economic conditions, other than some third-world, country is not something any of us should be proud of. Year after year whenever this bill has come up, I have supported an increase in the minimum wage. I would not pay the employees in my dental office, when I had one, the minimum wage and when they -- I would always ask, How much would you like to earn? And they would come up with some ludicrous number like $6.50. And I would say, You know, I'm not prepared to hire someone who thinks they're only worth $6.50. And that's what we've done to people. We make them believe they're not worth more than $7.25. That's terrible. I mean, you spend more than that on lunch. I mean, I don't, because I eat cheap carbohydrates and continue to gain weight, but real people should spend at least that much on a meal. We have an obligation to be that special interest 85 NYS ASSEMBLY MAY 15, 2012 group supporting those downtrodden, those poor, those people who were born into a situation we did not experience. We should uplift the family so the kids have hope, so the kids are willing to work so that they can advance themselves rather than feel under the heel of someone else. In spite of the very good arguments that my colleagues have made on this side, I prefer the argument that we be a little more humane, that we provide an increase in living to the people who do work, have them spend a little money on luxury for themselves, even if that luxury is no more than a sandwich and a glass of milk. We owe it to a society. And I forget who said it, because I'm sure I never met them and maybe I'm making this up, that societies are gauged by how they treat those far less fortunate than they are. I would like us to be gauged well, to be considered well and to have this Legislature viewed by the people as a body that worries about the people, that worries about the constituency, that worries about the poor. Another generation of poor will benefit nobody. Any way we can help people out is our responsibility and I will support an increase in the minimum wage. Thank you. ACTING SPEAKER P. RIVERA: Mr. Crouch. MR. CROUCH: Thank you, Mr. Speaker. Will the sponsor yield for a couple of questions? ACTING SPEAKER P. RIVERA: Mr. Wright. MR. WRIGHT: Absolutely, Mr. Speaker. MR. CROUCH: Mr. Wright, in calculating this 86 NYS ASSEMBLY MAY 15, 2012 minimum wage, it's been said a number of times it's a 17 percent increase. Does that include the extra costs that the employer has to pay of Social Security and workmen's comp? MR. WRIGHT: No. MR. CROUCH: So, there's additional cost to this; am I correct? MR. WRIGHT: Could be. MR. CROUCH: So, I mean, well, I think it's, you know, a yes or no question on this because if you raise the wage, he's going to have to -- the employer is going to have to pay more money into the Federal government for Social Security. MR. WRIGHT: I didn't hear you, Mr. Crouch. I'm sorry. MR. CROUCH: If you raise the minimum wage of what he's paying, the employer is going to have to pay more money into Social Security; am I correct? MR. WRIGHT: I didn't hear you. I'm sorry. That could be the case. MR. CROUCH: Okay. Because it's based on the wage. So, I guess I'm going to take your "could be" as a yes because he will have to pay more money in for Social Security. Workmen's comp rates are also based on the amount of wages that the employer pays. So, it's conceivable that's going to cost more? MR. WRIGHT: Conceivable. 87 NYS ASSEMBLY MAY 15, 2012

MR. CROUCH: Okay. I like your vague answer. Okay. Is there any calculation on what that increase in Social Security and increase in the workmen's comp rates, any other liabilities that the employer might have because of this increase in cost for wages? Any calculation of what the additional costs might be? MR. WRIGHT: No. MR. CROUCH: Okay. All right. Thank you, Mr. Wright. I've got some information provided by the Business Council that at the current minimum wage, with the additional cost -- ACTING SPEAKER P. RIVERA: Excuse me, Mr. Crouch. Mr. Gantt, why do you rise? MR. GANTT: Would the gentleman yield? MR. CROUCH: Sure. ACTING SPEAKER P. RIVERA: Mr. Crouch? MR. CROUCH: Yes. MR. GANTT: Mr. Crouch, you just asked a total amount of questions about all those increases that a business may have doing the minimum wage debate. I would like to simply ask you, do you have a Walmart in your area? MR. CROUCH: There's -- yeah, there's Walmarts around, sure, sure. MR. GANTT: Do you have a Walmart or one of the others the pharmaceutical company, CVS and all of those? Can you 88 NYS ASSEMBLY MAY 15, 2012 tell me how much money that the State and the locals give them to come into their area? And I would almost venture to say it was more than 17 percent. It's probably a 20-year -- MR. CROUCH: Mr. Gantt, I'm sorry, I can't hear you. I got too much background noise here. MR. GANTT: Can you tell me how much was given to, for instance, Walmart when they were recruited to come into the area? Can you tell me what tax breaks they were given? Was it less than 17 percent? MR. CROUCH: That, I can't. I don't know. In some areas they probably were recruited, in some areas I think they... MR. GANTT: Would you say during this debate then, that while there may be small increases in terms of the minimum wage for those poor people who got off -- they have to live off of it, because I was a migrant worker, so I understand what that means. But would you also say that we give to businesses the same kinds of credits that we are asking them to help pay for with this bill? MR. CROUCH: You know, if that's a condition of coming to a certain area with the breaks that we give a business, I have no problem telling them if they're coming in, You're going to have to pay a basic wage. MR. GANTT: But the same worker that we talk about today with the minimum wage, he has to also go where that business is. And should he not at least get something for him to take care of his or her family? And it's particularly women that we see in 89 NYS ASSEMBLY MAY 15, 2012 poverty today given this wage that we talk. MR. CROUCH: I know where you're going and I think I'll, in my final points, I'll -- MR. GANTT: Where I'm going at is while I hear all of you over on that side continue to talk about how bad it is to give these poor women and sometimes men these minimum wages, but what I've never heard was one of you complain about those businesses that receive from us, the State and the locals all the time, those big tax bills. And I'm not saying we shouldn't give them. I'm simply saying that it seems to me that we ought to be talking about both sides of that equation, at least that's the math that I learned when I was in our public schools. MR. CROUCH: Is that in this legislation? I didn't see that. What line is that on? MR. GANTT: Neither is that which you asked Keith about, which was all these additional things. He's simply talking about minimum wage. You added Social Security and you added all the other so-called increases and costs. While there's a way for us to decrease the costs for those same businesses that you talk about increasing costs for. MR. CROUCH: I understand your point and, you know, I'm not going to say that that's not a possibility. If we're going to look at our economic development package as giving some employers some benefits, that we should look at both sides of the coin then. That's not in this legislation. 90 NYS ASSEMBLY MAY 15, 2012

MR. GANTT: But all I ask for is fairness. I'm willing to go join with you to talk about fairness on both sides of the equation if you guys will simply do that. I hear -- you said nothing about that which we give away all the time to businesses but, yet, you talk about minimum wage and welfare. It seems to me that that's the wrong conversation to be having. We ought to be having a conversation about the total package. MR. CROUCH: Well -- and a lot of my area is small business and that's the point I want to make when I get through my points. MR. GANTT: Well, I happen to be a small businessperson, too. MR. CROUCH: I've been there myself and I've paid more than minimum wage. But if I can go on to my comments, the cost of minimum wage isn't necessarily raising the person that is at $7.25 an hour to $8.50. The cost is the person that you've got at $9 or $10 or $11 an hour because you've suddenly raised the floor up and now you've got compression. But I was just getting to the point where this increase in cost to the businesses and whether it's small business or big business, roughly about $2,900, almost $3,000, just the additional Social Security costs, additional workmen's comp costs in the course of a year. So, for every employee it's not only the cost of the $2,600 additional annual wages being paid, it's an additional $2,900, almost $3,000, so a total of about a 36.5 percent increase in cost per 91 NYS ASSEMBLY MAY 15, 2012 employee at minimum wage. Now, again, the number of minimum wage people are at a relatively small percentage, but a larger percentage are making $9, $10 and $11 per hour. So that increase in cost on a per-employee basis, when you look at the compression that it causes is significant. The person at $9 or $10 an hour, the most important thing on their agenda is a roof over their head, clothing on their back and food on the table. Now, if you -- with compression, you're going to -- and I've talked to some union negotiators. They didn't want to admit that there's compression, but they admit that if you raise the minimum wage they're going to try to negotiate a higher wage for those people that are at $9, $10 or $11 an hour because now they're closer to the bottom. So, compression does exist and it's a real cost of doing business here in this State. The person at $10 an hour, if he gets an increase of a dollar or a dollar and a half or a buck and a quarter, he's not going to call up his landlord and say, I can afford to pay you more money. So, the real estate investor doesn't get anything more. He's going to still go down to the grocery store and buy the cheapest groceries he can buy to put food on the table to feed his family. He's not going to stop off, necessarily, and buy something that might be a little more expensive because it was made in New York or produced in New York or grown in New York or processed in New York. Those are typically on sometimes a speciality kiosk somewhere or section. But 92 NYS ASSEMBLY MAY 15, 2012 the clothing on his back, we don't -- I don't know of any clothing manufacturer here in this State, but he's still going to go to Walmart or KMart and buy the $15 shirt to go to work with. So, we've mandated an increase in cost of doing business to every employer in the State without providing a circle back around to have them get a fair portion of income to be able to afford to pay that. I want that low-income person to make all the money that we can afford to pay and I will gladly join in in looking at benefits of businesses to be able to afford to pay that and there's ways to do that to spur an economy. We tax and regulate our businesses in this State and it's well-known that we have the most unfriendly State to do business in. It's noted in a lot of publications. I'm going to take you back to 1996, '97, '98. I had the opportunity to visit Columbus, Ohio because my son was going to college out there at that time. In 1996, Columbus was a booming metropolis, a lot of new jobs, new businesses were being started there. The sign in a Burger King window was $8.50 an hour in 1996. In this State right now if you put a sign in a Burger King in my area for $8.50 an hour, you'll start having a line going out the door because we tax too much, we regulate too much, a lot of our businesses can't afford to pay that wage any higher and we have not enough jobs in this State. I'm not sure what Columbus, Ohio is looking at right now, and I'm sure they've suffered from the economy in many ways, but the way to drive wages up is to provide a robust economy so businesses can afford to invest in more equipment, provide more jobs. 93 NYS ASSEMBLY MAY 15, 2012

Mandating an increase in cost is the wrong way to go. I want to do everything we can to help that low-income person. I don't care if they're at $7.50 or 10 bucks an hour; they need some help. And we can start by providing an atmosphere in this State that will allow businesses to grow. And we can throw darts at the big box stores. There are businesses that take government grants and so forth and then provide just menial jobs. Bottom line, any business in this State that's manufacturing or producing something has to be competitive with other states and other nations and we can growl about sending jobs overseas, but it all comes down to the amount of money that people can make in this State, people can, as far as companies, can earn a living and provide reasonable wages and benefits in this country and we can start by not being uncompetitive in this State compared to the rest of this nation. Provide good benefits for our businesses to be able to grow and just mandating an increase in cost, in my mind, is not the way to do it. Thank you. ACTING SPEAKER P. RIVERA: Mr. Heastie. MR. HEASTIE: Thank you, Mr. Speaker, on the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. HEASTIE: I liken this discussion of raising of the minimum wage to the boogeyman theory, that everyone thinks that this is going to do all sorts of damage and harm to the State and to this economy, and people are just plain wrong, those who raised this issue. And for those of my colleagues who know, in graduate school I studied my MBA in finance and this is one of the issues that I studied 94 NYS ASSEMBLY MAY 15, 2012 was the impact of the raising of the minimum wage and there were some startling facts that we all should know, while I was in school and studying on this issue, that it is never in the history of this country or this State when we've raised the minimum wage that has caused us to go into any kind of recession, high unemployment; it just is not fact. We also know that low-wage workers -- and I respectfully disagree with my colleague that spoke before me, that the lowest-wage workers are the ones that whatever increase they get in salary, they put right back into circulation into the economy. So, any increase that these low-wage workers will see will be put right back into the economy. And we also have another false premise that many people believe that when you raise the minimum wage, that the only thing that is going to be raised is your expenses, but it's also found that when you pay a low-wage worker more money, that low-wage worker becomes more productive and that will, in turn, raise your revenues as well. So, this is not going to damage or hurt small businesses. Then, also, the question was raised that why should we do this escalator? Well, first off, one of the reasons why it's being raised 17 percent is because, as a Legislature, we failed to raise the minimum wage up until this point. And I think, as another one of my colleagues said who is sitting to my right -- only in seat, not in his views -- points out that for the CPI, people have to plan around CPI every year. CPI, for many people, is the comparative price of how inflation is raised on certain everyday items that people need like bread, milk and eggs. So, if people have the right to know what that 95 NYS ASSEMBLY MAY 15, 2012 number is for expenses and growing every year, I think it's only right that the lowest-wage workers in the minimum wage, it should be tied to that. So, I want to applaud the Speaker and my colleague, the sponsor of this bill, on doing something that is responsible for the people of the State of New York and I look forward to the passage of this bill. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Johns. MR. JOHNS: Good afternoon, everyone. I normally don't get up and speak on a lot of bills, but I wanted to come up and mention a few things that are non-partisan regarding minimum wage and the situation that we're in in this country. You know, back in December of '94, the U.S. Congress passed the WTO and to a lot of people here, they might not know what it is, but that's the World Trade Organization. And we are living in a global economy now. We're living in an economy where we're competing with the Chinese, the Malaysians, the Indonesians. We need to level the playing field. And I'll tell you something, I'm a Buffalo Bills fan, but no what the matter who we play, we play the Giants, we play Dallas, we all play on the same field with the same set of rules. And right now we want to do something that I think is admirable, we want to raise the minimum wage in New York State. I think the minimum wage should be raised at the Congressional level in Washington and $8.50 is not enough. No one is going anywhere on $8.50, believe me 96 NYS ASSEMBLY MAY 15, 2012 when I tell you. But we are also competing with other countries. You know, they brought up -- somebody brought up about apples. In the area where I'm from, from Rochester all the way up to Niagara Falls, there's a lot of apple growers and we're going to raise the price. Do you know the number one exporter of apples now is China? It is not Western New York anymore. It's not the State of Washington. You know, I listened to a lot of politicians from Washington on down. They drive around in their expensive foreign cars made in other countries, telling us how much they care about the American workers. After a while, it gets a little bit sickening because I tell you something, we have really got to do something to raise the wages of people in this country and you do it by leveling the playing field. There are members here in the Assembly who are running for Congress this year and I think there's going to be members in the Assembly running for Congress in the future. And when you go down there, you need to start talking about redesigning the World Trade deal that we got right now because it's a race to the bottom. That's all it is. You can't compete. We have lost millions and millions of jobs in this country in the last 12, 15 years because of a World Trade deal that was signed in a lame duck Session of Congress. As I said, there's a lot of people that say they're for the working people. A lot of folks stood up to say -- and talked about the EITC, earned income tax credit. There was a Senator from this State named Daniel Patrick Moynihan and he had an idea to have a 97 NYS ASSEMBLY MAY 15, 2012 reverse income tax. It was roughly the same thing, but it wouldn't hurt business at all. It would allow people to have some extra money to spend on the things they need, day care, rent -- ACTING SPEAKER P. RIVERA: Mr. Gantt, why do you rise? MR. GANTT: Will the speaker yield? ACTING SPEAKER P. RIVERA: Will you yield to Mr. Gantt? MR. JOHNS: Yes, David. MR. GANTT: Mr. Johns, are you from Rochester or the Rochester area? MR. JOHNS: I am. Pretty close. MR. GANTT: Do you know anything about the clothing industry? MR. JOHNS: Say that again. MR. GANTT: The clothing industry? MR. JOHNS: Yes. MR. GANTT: You know the history of it, Rochester being one of the major clothiers in the world at one time? MR. JOHNS: We do. MR. GANTT: Can you tell me where the clothing industry went when it left the City of Rochester? MR. JOHNS: Well, initially, it started going to Mexico and then it went to China and now it's even getting into Vietnam. 98 NYS ASSEMBLY MAY 15, 2012

MR. GANTT: It never went to Chicago? It never went to North Carolina, some of those places before? MR. JOHNS: It's gone to North Carolina but since it's left North Carolina -- MR. GANTT: Do you know anything about Fasco fan? Fasco fan? MR. JOHNS: No, I don't. MR. GANTT: That's all right. You know where the public market is? MR. JOHNS: Yes. MR. GANTT: It's a green building that used to be right there. MR. JOHNS: Okay. MR. GANTT: Do you know anything about French's mustard? MR. JOHNS: Yes. MR. GANTT: Do you know where those companies went? MR. JOHNS: Out of the country. MR. GANTT: No, they did not, sir. I think you should check before you make those wild statements about where companies went. The fact is -- ACTING SPEAKER P. RIVERA: Mr. Gantt, could we have a little decorum, please? MR. GANTT: What decorum? 99 NYS ASSEMBLY MAY 15, 2012

MR. JOHNS: No, that's fine. MR. GANTT: What am I doing? I'm asking so I can ask my question, Mr. Speaker. I simply want to know, you said that these companies went out of the country and I simply want to -- MR. JOHNS: I didn't say those particular companies, I said a lot of companies. MR. GANTT: No, but you said those and the reason that I asked the question, Mr. Speaker, was that I wanted to make sure that everybody understands the language that we're both talking. And I submit to you that those companies didn't go out of the country, they went where the cheapest market was. So, this phenomenon about companies going out of the country is something that happened later on. It did not initially happen and we ought to cut it out. Those companies left because there was cheaper labor right in this country somewhere else, North Carolina, Chicago and some other places, and I think you ought to be familiar with that. MR. JOHNS: But I also know that North Carolina has lost a lot of needle-trade businesses because they've left the country. You can't buy Mexican sombreros that are made in Mexico anymore, they're made in China. MR. GANTT: That's true. After the last deal was made, I believe, Mr. Johns, not before. MR. JOHNS: Right. But the World Trade deal is -- as Ralph Nader said the World Trade deal was NAFTA on steroids. We did what we wanted to do with Mexico. We decided to ship the 100 NYS ASSEMBLY MAY 15, 2012 jobs everywhere else. And I believe that -- now, I know that there's going to be people from here going to Washington and I'm just bringing this up as a point that we ought to stake a look at, first of all, minimum wage being at the national level and then doing something about leveling the playing field. You know, if you try and form a union -- I'm a pro-union guy, you know that. You try to form a union over in China, you're going to be the next involuntary organ donor and they're going to be harvesting the organs before the bullet goes through your head. It's something you can laugh about, but these are the countries that we compete with. And I think that we need to send a message to Washington, our representatives and some of maybe the future representatives here to get down there and try to work on some of these problems instead of making New York State less competitive. MR. GANTT: Mr. Speaker, would the speaker yield? MR. JOHNS: Sure. ACTING SPEAKER P. RIVERA: Mr. Johns, do you yield? MR. JOHNS: Yes. MR. GANTT: Would you agree with me that the more money that the lower end makes, the better off small businesses are? MR. JOHNS: Well, I would -- I would -- I do agree with you and the other speakers that as they make more money at the 101 NYS ASSEMBLY MAY 15, 2012 lower levels, they spend more money. MR. GANTT: They spend more money than -- MR. JOHNS: And put it into the economy. MR. GANTT: I know more than I do because I tend to have a thing about savings and probably more than you do -- I mean, more than you, too, because you probably end up saving the money. That's why it's always my belief that we ought to give the minimum wage because it's better for our businesses and if we give them tax breaks on the other end we're all better off for it. Would you agree with me? MR. JOHNS: Yes, but I -- my point of the -- I'm not really arguing the minimum wage. I'm trying to argue the bigger picture and we have unfair competition. I don't want to see New York State wind up paying more than all the surrounding states. I read in the morning paper if we go to $8.50, we will be more than every state surrounding us in the area here. And I would like to see the wages increased, but I would like to see it at a national level. MR. GANTT: Well -- Mr. Speaker, would the speaker yield? MR. JOHNS: Sure. Yes, I yield. MR. GANTT: Well, then, would you agree with me that maybe one of the things we ought to do is stop the Executive salaries at the top so we can have that compression, I believe Mr. What's His Name talked with about over there, you know? Let's stop it at the top because it seems to me we never talk about wages going 102 NYS ASSEMBLY MAY 15, 2012 up at the top, we always talk about these poor people at the bottom who -- we don't want to bring the lower end up. So, maybe we ought to say to Kodak -- or that's a bad example because they may say it to themselves, but to Strong or some of the others, Oh, but you can't raise your CEO's salary any more, so that we can give these poorer people down at the bottom some more money and better off in the long run, as you and I agree, for your business. MR. JOHNS: Well, I would agree that, yes, I know CEO's are paid more now than they've ever been paid before in relation to the working class, but I don't want to see the government tell people what they can make or can't make. MR. GANTT: But how -- but how can -- Mr. Speaker -- MR. JOHNS: David, let me just say this: We have a capital gains treatment for people who invest on Wall Street and we charge them 15 percent capital gains. When you think about it, they're putting money down on Wall Street to send jobs to China, Malaysia, Indonesia and we give them tax breaks for that. That ought to be what's cut out, not us as the government deciding what people will get paid. But go ahead, David. MR. GANTT: Mr. Speaker, if I could through you. ACTING SPEAKER P. RIVERA: Could we stay on the minimum wage, not what trades should be in China? MR. JOHNS: Okay. I understand. Look it, I'll just 103 NYS ASSEMBLY MAY 15, 2012 end with this: I want to see wages rise, but I believe the best way that wages rise is to get people into skilled positions. We have some manufacturing that goes lacking; Assemblyman Gantt knows this. We got 3- or 400 jobs up in the Rochester area right now that I've talked to the people in the machining, tooling industry that if we had good graduates from two-year community colleges they could come out with just basic math and science and actually get jobs starting at $40,000 a year. That's about 20 bucks an hour. So, I do agree that we need more better-paying jobs, but I don't think this particular bill that we're passing today is really going to do that in the long run. Thank you. ACTING SPEAKER P. RIVERA: Mr. Skartados who is running to his seat. MR. SKARTADOS: Thank you, Mr. Speaker. Well, you know, I've been listening to the debate here today and I'm not sure what statistics and surveys to believe, but I can tell you that as a former employer in the hospitality industry where wages are often subsidized -- actually subsidized by gratuities, having employees who care about the jobs actually stems from having employers who care about their employees and imagine this: A person would have to work -- a person who makes $7.25 an hour working 40 hours a week, 52 weeks a year would actually make less than $16,000 a year. In actuality, he or she will make $15,080 a year and most of these people are adults who are struggling to put food on the table. Mr. Speaker, we get what we pay for and a little more 104 NYS ASSEMBLY MAY 15, 2012 money in the pockets of low-wage earners would boost morality -- it will boost morale, increase sense of worth and, ultimately, will result in increased productivity and performance. It would also -- and, again, speaking as a former employer, I've noticed that these low-paying jobs -- one of the biggest things with these low-paying jobs is actually getting people to show up on time or to even show up at all. So, a little more money in their pockets would also help with the turnover, with recruitment, with training, with all these expenditures that go with it. Now, I realize -- and, by the way, this is the reason why I made sure that none of my employees were ever paid less than 10 bucks an hour, but we also need to do more for the employer and the employer, or the small business, are those who create jobs. Naturally, one cannot exist without the other and even though labor and capital are always in friction, the truth is that one cannot exist without the other and they have to work together and, certainly, the employers do need opportunities to expand and grow. Yes, they do need tax cuts and, yes, they do need one-stop shop for different -- various permits and regulations and so on. Yes, they want stability, they want to know that they can count on our government to do the right thing. You know, especially in the hospitality industry, I must tell you, one of the most punitive agencies is the SLA. Let me tell you, first, you walk on eggshells, then you find yourself in the middle of a mine field where you don't know some of the rules and 105 NYS ASSEMBLY MAY 15, 2012 regulations that exist but, yet, they're not written down. So, there's a lot we can do for the employer and the small businesses because we need win/win situations and this is good. So, Mr. Speaker, a small increase in the minimum wage would actually go a long way. It's a giant step forward towards economic, social and political justice and, for that, I will be voting in the affirmative. Thank you. ACTING SPEAKER P. RIVERA: Mr. Curran. MR. CURRAN: Thank you, Mr. Speaker. On the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. CURRAN: The purpose of this bill, as I see it, is to help the working poor of this State and there's been a lot of emotion that has been set forth today and I don't believe that there is one person in this Chamber that doesn't want to help the working poor, but I do believe that there is a legitimate debate about how we should go about helping the working poor of this State. And this bill, which seeks to raise the minimum wage from $7.25 to $8.50 with yearly escalators, in my opinion, at this time, is the wrong path for this State to take and I say that for several reasons. First, the history of this issue can serve as an indicator for us here in the Chamber with regards to what has happened in years past. Now, we previously spoke about a 2008 joint study that was performed by Cornell University and American University and the results of that study found that the State's minimum 106 NYS ASSEMBLY MAY 15, 2012 wage increase from $5.15 to $6.75 per hour resulted in a 26 percent reduction in employment among 16- and 29-year-olds that did not have a high school degree. The same study found that the minimum wage hike from $7.15 to $8.25 would only benefit 20 percent of the working living in poor households. Now, this effect that would have on workers, but what's the effect it would have on employers? Estimates provided by the National Federation of Independent Businesses and Business Council have projected additional wage costs of over $2,900 per employee if this bill was to be passed. Additionally, the Cornell-American University study that I previously noted estimated that the wage hike from $7.15 to $8.25 would result in over 16,000 jobs being lost in this State. So, based upon the past increases to the minimum wage, we know that this bill will adversely affect the very people we are saying that we want to help. The inescapable common-sense conclusion that if we increase the operational costs of our employers it's going to result in a decrease in the amount of people that they hire. What I urge and what I argue is that the best way to help the working poor of this State is to foster an atmosphere which encourages job formation and not job elimination and, to the credit of this Legislature, that is exactly what we have done in the past two years and the results are starting to come in. Based upon the last report by the New York State Department of Labor there were 155,000 private-sector jobs created in 107 NYS ASSEMBLY MAY 15, 2012 the past year. Currently, there is approximately 7.3 million private-sector jobs, which is the highest amount of private-sector jobs in this State at any given time in its history. And in March and April of this year, New York State accumulated or accounted for approximately 18 percent of all the private-sector jobs created in the United States. This State is on the right course and I believe that we're about to turn the corner, but we haven't turned that corner yet. New York State's unemployment rate is still at 8.5 percent, which is higher than the national average. We must continue down the path of economic recovery, and this bill diverts us from that path. In choosing between a small increase in the minimum wage or more jobs for people of this State, I choose jobs, Mr. Speaker, and for that reason, I'm going to encourage all my colleagues to vote in the negative on this bill. Thank you. ACTING SPEAKER P. RIVERA: Mr. Hanna. MR. HANNA: Thank you, Mr. Speaker, on the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. HANNA: I will be very, very brief because Assemblyman Curran actually made a lot of the points that I had intended to make. Everyone in here wants to help the working poor, but there's a right way to do it and there's a wrong way to do it. One of the interesting things I find about economics, one of the reasons I studied it in my days at Boston College is because economics is all 108 NYS ASSEMBLY MAY 15, 2012 about trying to figure out the best way to make our economy healthier and making our economy healthier is, make no mistake about it, the only way to help the working poor. If you want to help the poor, the single-best way to do it is to make the minimum wage utterly irrelevant. To make it irrelevant, we want businesses to be selling so much of their product that they have to hire more people and they have to hire more people -- if all the businesses have to hire more people, then there is competition for the labor market and once there is competition in the labor market, businesses will pay more than the minimum wage because they have to in order to meet their labor requirements and in order to keep the labor from going to the competition; that's how it works and it works very well. So, how do we improve the business environment? One thing we cannot do is increase the cost of goods sold. Increasing the cost of goods sold is detrimental to the business environment. What we need to do is make it less expensive, and that's where New York has been going wrong for so many decades. Our taxes are too high, our regulations are too high. We don't have a favorable business climate so we're -- nationally we've seen tremendous expansion and increase in wages, for example, through the 1980's and in the 1990's. We haven't seen it recently and we're trying -- we're taking the wrong approach. We're taking an approach that's designed to help the poor but, by hurting business, would actually hurt the poor as well. A couple of other quick points. It's been mentioned that this may result in inflation and that's true. There are two different 109 NYS ASSEMBLY MAY 15, 2012 kinds of inflation, there's demand-pull inflation and there's cost-push inflation. Demand-pull inflation is sort of the better kind of inflation that I referenced earlier. It's the product of an overheating economy where there are so many buyers out there for products that the manufacturers are able to charge more for their products simply because they can get it. That kind of inflation is easier to deal with in the form of taxation and other fiscal policies. Cost-push inflation will kill an economy. Cost-push inflation is the kind of inflation that we had during the economic stagnation of the 1970's where prices are going up not because there's a demand for the products being sold, but because there's an increase in costs of the products being manufactured. Raising the minimum wage would do precisely that. Finally, it has been mentioned correctly that if we were to increase the minimum wage, most of it would go right back into the economy and that's true, and that is, in my view, an argument for raising the minimum wage, but it's not good enough. All the disciples of Keynesian economics looked back to the New Deal under FDR, they looked back to the Great Society under LBJ and they look at our current stimulus packages that have been tried. They all have one thing in common: They didn't work and the reason they didn't work, by everyone's account -- I shouldn't say by everyone's account; by the disciples of those who believe in Keynesian economics, there are those of us who don't believe in Keynesian economics and don't think it would work under any circumstances, but the excuse by those 110 NYS ASSEMBLY MAY 15, 2012 who believe in Keynesian economics has always been that they didn't spend enough. The New Deal wasn't big enough. The Great Society wasn't big enough. The current economic stimulus package wasn't big enough. Well, if those packages, ladies and gentlemen, were not big enough, I can guarantee you that a small increase in the minimum wage is not going to be enough to move the needle and get this State's economy going again. We share with you the objective. We should work together to improve the business climate. We do that, we will make the minimum wage utterly irrelevant and that's what we ought to be doing. Our workers should be paid so much because there's a great demand for them that the minimum wage doesn't even come into play. Thank you. ACTING SPEAKER P. RIVERA: Ms. Glick. MS. GLICK: Thank you, Mr. Speaker. It's good for us to have a thoughtful and lengthy debate so we can explore a variety of opinions, but sometimes it gets a little bit confusing. It seems to me that I've heard a number of speakers say that $8.50, which would be what we're suggesting be the increase, is not nearly enough so we should do nothing. Okay. That's an interesting an approach. And, yet, today we are faced with New York leading the nation in income inequality. And when I first started here in the Legislature, it was many, many years ago, and I remember at the time the head of Ford Motors, a gentleman whose name I believe was Townsend, was 111 NYS ASSEMBLY MAY 15, 2012 making like $900,000 a year. And I thought to myself what the heck does anybody do to earn $900,000 a year sitting in an office, whether they're meeting with people, but the folks who were actually creating the product, working, standing on their feet, working on equipment, you know, they're making $40- -- at that time it was $40-, $50,000 a year. Later on it was maybe $75,000 and that was terrible. We had to send jobs overseas because people at the top weren't making nearly enough profit and the shareholders were saying, We want more. And we want more because we loaned you some money by buying shares and sitting in our offices or sitting at home. We want more return on our money. We're not actually working, we're not building anything, we're not making anything, but we need to make more money on that money. And what seems to have occurred over the last dozen, two dozen years is that we don't value labor and it's all theory so that Jamie Dimon just got, you know, his compensation package of $23 million for overseeing a major screw up is the norm. And people who are -- in many instances, these minimum wage jobs frequently are about standing on your feet for eight hours a day with a half-hour lunch and a couple of breaks, standing on your feet eight hours a day and, at the end of the year, you rake in that $15,000 and we argue over what is the eligibility for food stamps. These folks aren't just getting that money, they're getting these other supports that are out there so that they don't starve. And the amount of wealth that exists in this State, we had a discussion about -- since I've been here, we have cut the top 112 NYS ASSEMBLY MAY 15, 2012 income rate 50 percent. The income tax at the top in this State has been cut 50 percent and we talked about, like, could we inch it up just a little bit so that we would have the resources to provide for education, healthcare, maybe fix a few of the roads? And it was a big, bloody fight. And now we're saying that people who work, on the one hand we say we want people to work. Poor people, they're poor because they're just too darn lazy. But somebody who is working full time all year long pulls in that $15,800 bucks and if we let them make just a little bit more, the whole enterprise is just going to fall off a cliff; I don't believe that and I don't think you believe it either. I can't believe you would believe it. Now, there is certainly going to be some businesses that are on the edge and they're going to have a hard time and they're not going to hire somebody else; it's true. They're not going to be able to absorb more cost, but if they're hiring, if they have somebody who is working full time, that person should be able to at least feed themselves. I would suggest to you that there isn't a person sitting in a legislative seat who could support themselves at $15,800 a year. I know I couldn't do that and I suggest that nobody here could do that, let alone a family. And maybe they're not coming to work on time because they actually have two jobs because they can't make it on one. And the notion that it's all just about an a bunch of teenagers working summers is a crock. It is about women who are raising children on their own. It is about families where both parents, working full time, 113 NYS ASSEMBLY MAY 15, 2012 having a real tough time organizing their schedules so that they can bring in $30,000 a year and they're having a tough time supporting themselves and their two or three kids. Their dreams of college, or whatever, is a dream because we keep raising tuition at community colleges, which is their most likely option. So, I'm always mystified by these discussions that devolve into how we can give more tax credits and tax breaks when, in fact, we have. But this is about saying if you're going to put in an honest day's work -- and there is somebody on TV who makes this point all the time and I don't like him, but I like the fact that he's smart enough to ask this question repeatedly: How is it that in America today we think that the way to make wealthy people work harder is to give them more tax breaks and give them more money in their pocket and the way to make poor people work harder is to give them less? And he never actually gets an answer to that because it is illogical and, in fact, is why we continue to see this ridiculous income inequality that is totally antithetical to our basic principles as Americans. You work hard, you get ahead. No, you work hard, you work hard, you work hard, you never get ahead and then you die and that is not the American dream, I suggest to you. So, I commend the sponsor, the Speaker for bringing this forward and would hope that we will have a strong, overwhelming vote in favor of this measure. ACTING SPEAKER P. RIVERA: Mr. Graf. MR. GRAF: On the bill, Mr. Speaker. 114 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: On the bill. MR. GRAF: I've listened to the debate here today and it's kind of funny because I'm reading a biography on Fiorello LaGuardia and that history just sort of repeats itself. They had the same argument back during the Depression and they thought that it was a bad idea to raise the minimum wage at that time and today it's even a worse idea with the way that the environment is in New York. What I will tell you is that on Long Island there are a number of businesses where the people that own these businesses, they'll go on vacation in North Carolina or somewhere else and the State government will actually come to them and try to entice them to move their business to their state and there's quite a few that are taking advantage of this. What we keep doing here is attacking our business community. We keep putting more and more stuff on top of them and we are forcing them out the State. Look. I understand that people should make a good living and we'd wish that for everyone; however, what we're doing here right now is we're going to cost these people their jobs. There's going to be a lot of people that are going to be put out of work, then how are they going to be able to support their families? So, with that said, I personally believe this is a bad bill, this is a bad time to do this and I would hope that some of the conversation here today everyone will reflect upon. Further, I keep hearing that we give all this money to the wealthy, all right, but we do it through tax breaks. You know 115 NYS ASSEMBLY MAY 15, 2012 what? You're correct. We do give them tax breaks and that's through State. The State is losing money. The State is giving the money. But what we're doing here today is we're telling other people how to spend their money. For that reason, I'll be voting in the negative. ACTING SPEAKER P. RIVERA: Ms. Gibson. MS. GIBSON: Thank you, Mr. Speaker. On the bill. ACTING SPEAKER P. RIVERA: On the bill. MS. GIBSON: I want to rise today in support of a bill that will finally bring economic justice to hundreds and thousands of New Yorkers who live in the virtual shadows of our State's economy. You know the workers that I'm talking about: The thousands of low-paid New Yorkers who rely on our State's minimum wage to set a floor that will allow them to achieve a basic standard of living. These are the same New Yorkers that don't have unions standing up for them and they do not have the economic leverage or the power to bargain for a better way of life. These are the very same New Yorkers who are relying upon us here in Albany to take a leadership role that will make a real difference and a significant difference in their lives. I know that some are saying that raising the minimum wage will somehow hurt our State's economy. Let me be very clear. While I understand many of the concerns that have been raised, I truly do not agree. At a time when many of our New Yorkers are hearing about corporate America, banks, the automobile industry and everyone else being bailed out, our New Yorkers continue to live in 116 NYS ASSEMBLY MAY 15, 2012 struggle and live in poverty. I find it hard to believe that giving a much-needed and richly-deserved raise to New York's hard-working families is really the issue. If our economy is suffering, it will not be because of the hundreds of thousands of deserving New Yorkers because they will finally be making $8.50 an hour. The cost of raising New York's minimum wage by $1.25 an hour pales in comparison to the losses that speculators have caused our economy due to their own greed and their bad investments. If our economy is suffering, it will not be because of this bill before us because this bill will finally guarantee that lowest-paid workers will be protected against the ravages of inflation. That guarantee is a matter of simple economic justice and it's long overdue. For those that claim that raising the minimum wage will hurt New York's competitiveness, I suggest that you look at the other 18 states that currently have a minimum wage that is higher than our own. Three of those states are New York's neighbors. Connecticut, the minimum wage is $8.25 an hour that was passed in January of 2012. Massachusetts, the minimum wage is $8 an hour. Vermont, the minimum wage is $8.46 an hour. Also, let's recognize that if you pay workers more money, you also are boosting their morale. People have greater responsibility and they take pride in their work. It is also a fact that if you pay workers more money, they are less reliant upon government assistance and falling victim to programs like Medicaid and public assistance and other government-subsidized programs which we do not need them to live on but, simply, work and 117 NYS ASSEMBLY MAY 15, 2012 earn a decent living. Throughout human history we have seen generations of leaders struggle to obtain justice, economic fairness and economic equity. This bill is just the latest chapter in that long saga. I urge my colleagues to support this bill in adding yet another chapter in this book. This bill is a giant step of progress in making sure that we are paying our lowest-paid workers a fair and sustainable wage. The salary right now of $15,800 is not anything that anyone can live on. I know for me, just in rent alone, I spend almost $20,000 a year in basic rent and that doesn't cover the basic necessities that many of us need to live on. We recognize that many of our lowest-paid workers are the hardest-working workers that we have in our State because they want to go to work, they want a job, but they also want to live. Many of our constituents, and I can speak for myself, are living paycheck to paycheck to paycheck. Things have not changed. I find it very ironic that we would talk about encouraging many of our lowest-paid families to save. Well, what are they saving from when every paycheck that they make goes directly to bills and daycare and transportation to get to and from work? And, God forbid, they have medical appointments that they must take care of. They have no disposable income. It has been proven, and we know, that surveys currently conducted have shown that almost 80 percent, 78 to be exact, 78 percent of the average New Yorkers surveyed support this concept because they recognize that it makes a step in the right direction, but it's still not enough. $8.50 is still not enough to live on, 118 NYS ASSEMBLY MAY 15, 2012 but it's certainly a step in the right direction in which we can stand committed to and stand firm on. This bill would also make a great effort in bridging the gap between the poor, the working poor, the working families and the wealthy. I am proud to not only support this bill, but be a co-sponsor and, certainly, want to thank Speaker Silver for his leadership and the lead sponsor, Mr. Wright, for making sure that we continue to stand up for those that have no voice and those that have no representation to stand for them. I am proudly supportive of this bill and urge many of my colleagues who support the same concept to support this bill as well. Thank you. ACTING SPEAKER P. RIVERA: Mr. Ryan. MR. RYAN: On the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. RYAN: Mr. Speaker, there's a TV show called Myth Busters and I think this debate needs a little myth busting. We all hear that minimum wage jobs are starter jobs that 16-year-olds go into and graduate out into the larger workforce. Well, the truth in our economy is that that's not true. Adults, men and women, who are trying to raise families work these minimum wage jobs. Currently, 85 percent of minimum wage workers are above the age of 19 years old. We spend a lot of time here talking about unfunded mandates. Well, the 19-year-old, 20-year-old adults who are working these jobs, they receive food stamps, they receive 119 NYS ASSEMBLY MAY 15, 2012

Medicare, they receive Child Health Plus. So this, in some ways, is government subsidizing low-wage jobs, which is not good for our society and is not good for our economy. The second myth we need to talk about is the idea that somehow this is harmful to the elusive small business. Well, the statistics also show that it is not mom and pop stores, it is not Main Street stores that are employing people at minimum wage. It is the large, national corporations who have set up businesses right outside our Main Streets who are, in fact, employing the people at this low wage. The third idea is that somehow by raising a minimum wage, we're going to make the New York State business climate uncompetitive to things such as manufacturing. I visited a lot of manufacturing facilities in Western New York. Not one of them pays minimum wage. I defy you to find a manufacturing facility that's going to move their company into Western New York or into New York State and pays the minimum wage. There are no more low-skilled manufacturing wages that pay the minimum wage. As Mr. Miller said before, if you're trying to run a manufacturing company and you're paying them minimum wage, you're already dead and you don't know it. So, increasing the minimum wage is good for our economy. It will put money back into our economy, but it's also good for our society because our society and our deal is based on the Square Deal, and that deal is you get up, you go to work every day, you work 120 NYS ASSEMBLY MAY 15, 2012 hard, you should not have to live in poverty. It's a simple premise and, for that reason, I will be supporting this bill. ACTING SPEAKER P. RIVERA: Mr. Crespo. MR. CRESPO: Thank you, Mr. Speaker. On the bill. ACTING SPEAKER P. RIVERA: On the bill. MR. CRESPO: You know, I'm not an economist and my memory doesn't often serve me well to reference, you know, what it was like back in the days or what's happening today with the economy or have we tried this again, is history repeating itself or not? You know, there are studies that are referenced on each side of this debate pointing to the impact of raising the minimum wage on the economy and small business, but there were a few things that were mentioned that I think are important to highlight: One is that according to some reputable fiscal organizations, most of the minimum wage jobs are not actually provided by small businesses but, instead, by these big box-type franchise businesses, many of whom come to New York State, come to our communities, are looking to come into our communities with subsidies in place for them to move in, to take advantage of public dollars in order for themselves to make money. In the Bronx we saw Mayor Bloomberg work with related companies to bring a mall. They gave them exorbitant benefits so they can move this mall there and what did we get out of it as a community? We got some minimum wage paying jobs while these businesses are making great money and realty is making a killing off the rental of these places. So, it doesn't work. Something is not 121 NYS ASSEMBLY MAY 15, 2012 working in this system. I'm not a economist. I don't know what the impact is, but I'll tell you what the impact is that I see in my neighborhood. I get that single mother who comes to me and says, you know, I get criticized if I'm on public assistance. I don't want help from the government. I want to earn may way. I have a job, but it doesn't pay nearly enough. I can't afford my rent. I can't do the different things that I need to do, the basics necessities, many of my colleagues have pointed out. They have a job. They want to make due with their own sweat, with their own labor. While the business owner is making money and taking vacations in places like North Carolina, that employee who is making them that profit can't afford to go take their family to the diner, can't afford to pay the rent at the end of the month, can't afford little things, the little things in life. So, there's something really unfair about the system we have and for anybody to look at the raising of the minimum wage and make an argument that we're going to ruin small businesses, that we're going to ruin the economy, that it's not going to benefit the working poor, the poor, you know, I'll remind any of those individuals that if they really, really care about the poor, like those in my district, they should help us and support the Campaign for Fiscal Equity. Provide more training and education, more basic education to folks in my district so they don't have to even worry about a minimum wage job, they can aspire to those types of careers, those special careers in the new industries and we can promote more businesses that want to 122 NYS ASSEMBLY MAY 15, 2012 come to New York State and do business here because we have the skilled workforce. If they want to help the working poor or the minimum wage earners and they don't feel that this is the best way to do it, then help us pre- -- you know, increase rent regulations so people can afford their rent, have a roof over their head. They can't afford the basic necessities, let alone any type of luxury. And so, I'm not buying a lot of arguments and the concern. I think the boogeyman theory is absolutely true of what's being raised here. We have to do what's right for the working people of this State, for the lowest wage earners. We have to be fair and it at the end of the day, I really thank the Speaker and I commend the sponsor of this bill and my colleague, Mr. Cahill, who I think said it best. This bill simply sets a minimum criteria for what we, in the State of New York, believe is a fair wage for someone who is putting in their equity, their time, their labor, standing on their feet to provide for their family. All we're asking for is a fair shot and $8.50 isn't nearly enough, but it's a step in the right direction. Thank you and I'll be voting in the affirmative. ACTING SPEAKER P. RIVERA: Mr. McLaughlin. MR. MCLAUGHLIN: On the bill, Mr. Speaker. ACTING SPEAKER P. RIVERA: On the bill. MR. MCLAUGHLIN: Thank you. A passionate debate today, as it should be. A lot of heartfelt feelings. I think everybody kind of wants the same thing, it's just a question of how we get there. 123 NYS ASSEMBLY MAY 15, 2012

You know, one of the things that stuck out to me is we continue to hear that minimum wage is $15,080. I had my CPA do some numbers, certainly pay him enough money so he did some numbers for me to see what the actual buying power of somebody on minimum wage is and I agree, it's not ever nearly going to be enough, but this is the real numbers. At $7.25 an hour a head of household with three children, you're right, would be $15,080, but the impact of that, there's FICA - they do pay FICA - Medicare. There's an earned income credit of $5,751. There's an additional child credit of $18.12. There's an Empire State child credit of $598, New York State earned income credit of $16.62, which is actually a buying power of $24,051. On top of that they're probably eligible for WIC and food stamps and everything else. I'm not saying it's enough money; it's not. I get that. What I'm saying is that we need to be honest about the what the real impact is here. And we're all trying to get to the same thing, which is more money in people's pockets, it's just we have a different philosophy of how to get them there. I believe we get them there by having successful businesses that can hire more people. Minimum wage has actually been described as maximum folly by some economists. In American Samoa they went through this a couple years ago. There was an increase in the minimum wage that they actually put on hold and they were asking President Obama to put a hold on that because they were suffering the effects of having minimum wage go up and up and what was happening is they saw a cannery over there, Chicken of the Sea, 124 NYS ASSEMBLY MAY 15, 2012 moved its operation from Samoa to a highly-automated plant in Lyons, Georgia which resulted in 2,000 jobs lost in American Samoa, 200-job increase in Georgia. So, there was a net loss there of jobs and it hurt those people greatly. The same thing happened with another cannery. They went to automation. So, to act as if this stuff happens in a bubble is economic malpractice. You can't push wages up without having some cause and effect on the other side. And I have concerns about tying it to inflation. If it was just a wage increase I'd probably vote yes on this, but to tie this to inflation when we don't the know the impact and I don't know that the studies have been done, if we get into rampant inflation, which I believe we're about to see in Europe, especially Greece and France, if we see some runaway inflation over here, what's going to be the effect? It's some scary stuff that can happen here. It is a 17 percent wage increase for any businesses that are paying minimum wage. Their healthcare is not going to go down by 17 percent. Their energy costs won't go down by 17 percent. Their lease payments aren't going to go down by 17 percent and I don't think they can waive a magic wand and increase their sales by 17 percent. So I just think you got to think about both sides of the issue here. You can't operate in a vacuum and say this will have no effect; it will. University of California at Irvine did a study that showed previous increases; actually, it resulted in higher unemployment on the lowest rungs of the ladder. So you may have 125 NYS ASSEMBLY MAY 15, 2012 unintended consequences that nobody wants. You could actually see higher unemployment the lower down the economic ladder you go. That's scary because we're all trying to get people back to work. And the other thing with higher-wage mandates, when you mandate a higher wage you're seeing this right now with college kids that are graduating that are having trouble finding jobs. They're actually competing with what we might consider lower-skilled workers. These are college kids coming out of college right now, can't find a job because the economy's terrible. They're taking those minimum wage jobs and they're putting pressure on the people that might be considered lower skilled than them. So, you can have some unintended consequences here that can be a real problem. San Diego State University, same thing. They did a study showing raising the minimum wage is ineffective as an anti-poverty campaign and we can go back and forth forever and ever because I know there's competing studies that say it doesn't do that, it has the opposite effect. So, I'm just saying I think we need to consider all sides of this question. My approach to things is that, you know, raising the minimum wage in a high growth -- I'm sorry, in a high-unemployment and low-growth environment, which is what we have right now, it's exactly the opposite of what any sane economist would recommend. So, I -- everybody's heartfelt about this. Everybody wants the same thing. We want people succeeding and working and striving to attain the American dream, but to just raise their wages 126 NYS ASSEMBLY MAY 15, 2012 does not eliminate poverty because if it did, we would have already eliminated poverty. We've raised the minimum wage numerous times. If that was going to do it, it would be done already. If we raise it to 10 or 12 bucks, would that be the end of the story? No. You're still going to have people who are low skilled, going to struggle economically. The way to get them up the ladder is to train them, to give them more skills and when you raise wages, you actually have less money for training programs and everything else that businesses need to grow. So, I'm going to be voting no on this bill because I think it's the wrong approach to get to where we all want to be. Thank you. ACTING SPEAKER P. RIVERA: Read the last section. THE CLERK: This act shall take effect immediately. ACTING SPEAKER P. RIVERA: The Clerk will record the vote. (The Clerk recorded the vote.) Mrs. Peoples-Stokes to explain her vote. MRS. PEOPLES-STOKES: Thank you, Mr. Speaker. I appreciate all the debate that we had today on this topic and, quite frankly, I think this is, you know, very valuable for us as colleagues to hear one another's opinions and so that we might be more civil in understanding that sometimes we will have to agree to disagree. I think this is probably one of the more honorable things we 127 NYS ASSEMBLY MAY 15, 2012 could be doing today in a State where income inequality is so vast. As a matter of fact, it's broader, the gap is larger than anywhere else in the country. We should be excited about the opportunity to provide for the working poor, an opportunity to have more resources. The single-biggest cause of poverty in the State is not people who are sitting at home, doing nothing, not wanting to work. It's poor people who work and just don't get paid enough. It's time that we try to rectify that. I do agree with some of my colleagues on the other side of the aisle that $8.50 is not enough, but at this moment this is what we can do, this is the bill before us. I commend the Speaker for putting it out. I commend the sponsor for putting his name on it and I think that we should all be doing what's right in the interest of all New Yorkers in voting yes for this bill and hoping that it gets implemented as soon as possible. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Goodell to explain his vote. MR. GOODELL: Thank you, Mr. Speaker. I think all of us are wrestling with the impact of the lingering recession. Certainly, in my district, unemployment rates are too high. When we look at where we are as a State, last year 49 states saw a reduction in unemployment. The unemployment rate in New York State went up. And while we're now seemingly turning the corner, clearly, the unemployment rate in New York State is too high. One reason I think the unemployment rate in New York State is higher than many of our 128 NYS ASSEMBLY MAY 15, 2012 other states is because we're noteworthy in being anti-business and anti-competitive. We are ranked 49th by CEO magazine, 46th in terms of business costs by Forbes, 49th in terms of the business tax climate by the Tax Foundation. Whether you agree with those numbers or not, that's how we're being ranked by the national organizations. Raising our cost of doing business in New York State when we're already ranked at the bottom of barrel only makes it more difficult for us to add jobs. The question I have -- and I appreciate, by the way, all the comments made about the need to raise income for all of our working poor, but the problem I have is that if we raise the income for some without addressing the business competitiveness of New York State, my concern is that we're going to end up with more people unemployed. So, some people will do better and others will do worse because they will be unemployed. And in my situation, and I suspect in many other districts, the real problem I have is that if we continue down the path of being non-competitive, the total amount of wages paid in our districts will go down as our businesses go to other areas of the nation where it's more cost effective for them to be. For those reasons, I'll be voting against this bill. Thank you. ACTING SPEAKER P. RIVERA: Mr. Lavine. MR. LAVINE: Thanks, Mr. Speaker. I was kind of amused to learn that in a robust economy we don't need -- we won't 129 NYS ASSEMBLY MAY 15, 2012 need the minimum wage. But I remember not too long ago when we had a robust economy and, if I'm not mistaken, we sure had plenty and plenty of people employed at the minimum wage. So, the arguments that have been made against this bill are that it's going to hurt business and that means it's going to hurt employees, but those are the very same arguments that have been made time and again. They were made when Workers' Comp was enacted. They were made when we established that workers can only be required to work a maximum number of hours per week. Pardon me. I'm sorry. I couldn't hear, Rhoda. All right. And they were made -- they were even made when child labor laws were enacted. So, I tend to think that they don't hold any more water today than they did then and I think it's important to reflect, as I conclude, that a few charitable trusts just came out with a report indicating that New York, to our great credit, is one of the great states for people to move to because we have upward mobility. And the report maintains that it's in those states where we have more liberal legislation that people want to move because we have the upper mobility. It is in the states that are championed by the philosophy of the other side of the aisle, mainly the states in the south, the very conservative states, that there is no upward mobility. So, I think this is a small step in the right direction. I'm happy to cast my vote in the affirmative. ACTING SPEAKER P. RIVERA: Mrs. Robinson. MRS. ROBINSON: Thank you very much, Mr. 130 NYS ASSEMBLY MAY 15, 2012

Speaker. I want to commend the sponsors of this legislation. Certainly, as I thought about it, my ancestors worked sunup and sundown without being paid and so, certainly, this is a matter of equity. And I stand and many of my colleagues stand for equity for folks who didn't have a voice. And so, we are that voice for those who didn't have an opportunity to speak up. In the latter part of the '50's and early '60's, the wage that I received, minimum wage, was $1.15 an hour. Now, maybe some of you might not be able to relate to that, but the wage was $1.15 an hour. Well, perhaps maybe some might not have been around then, but I was around and I'm proud to say I'm still around. The other issue I want to raise at this time, as I explain my vote, you know, the discussion has gone on in terms about how business is going to crash and burn as a result of giving people some additional resources. Well, you know, it was talked about during the Reagan Administration about how there was going to be a trickle down. I have not seen that trickle down from businesses yet as we look at the economy because they have taken the resources and I think it's quite evident as to what has taken place over the last few days with corporate America, with a major bank, $2 billion; $2 billion they lost and they would not take the time to give modifications to people that were in foreclosure or to give loans to small businesses. So, when we talk about small businesses, we have to talk about corporate America who has declined to give loans to small businesses of people that wanted to have some mobility. 131 NYS ASSEMBLY MAY 15, 2012

So, as I stand to explain my vote, I would ask my colleagues to make sure that we remember that we are the voices of the voiceless, those that have no vote, and so I stand for them and I vote in the affirmative. ACTING SPEAKER P. RIVERA: Ms. Barron to explain her vote. MS. BARRON: Thank you, Mr. Speaker. I will be voting in the affirmative on this bill. I think that as we talk about raising the minimum wage by $1.25, we need to really explore establishing a living wage. We're talking about just a minimum wage. We're talking about a person, a woman, perhaps, with two children making $15,000. That puts her below the Federal poverty level. We're talking about a woman now who, perhaps, would get an additional $40 a week so that she'll be able to pay the rent, get the food, get the clothing and the school supplies that are needed for those children that are in school and those other necessities that come with that. As we talk about looking to advance what this income inequality gap is -- it's wide -- this is just a baby step towards that end. And anyone who's working at a job that's providing services should be paid a decent wage. So, this is a step towards eliminating the, I'll say, oxymoronic phrase of working poor. If you're working, you should not be poor. If you're working, you should be paid a living wage so that you can sustain yourself and your family and I'm voting in the affirmative. 132 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: Mr. Jeffries. MR. JEFFRIES: Thank you, Mr. Speaker. I just rise to explain my vote. First, I wanted to commend the Speaker and, of course, the Chairman of the Labor Committee for their leadership on this issue. Clearly, working families and the poor are struggling all across communities in New York City and in New York State. When the economy collapsed in 2008, there were many in the financial sector who had the benefit of being bailed out and there are many who are on Main Street, on Fulton Street, on 125th Street, in other communities all across the City of New York who feel as if they've been sold out. This is a very small step in the right direction. It's often been said that when some communities -- or when Wall Street catches a cold, there are many communities that get a fever. Well, the reality of the situation in 2008 was that Wall Street was experiencing feverish conditions and many communities, including those that I represent, have been suffering from economic pneumonia. It cannot be the case that someone is able to survive, support a family on $15,000 a year, particularly in the most expensive city in the country, if not in the world. This is a step in the right direction. More needs to be done. As other of my colleagues have indicated, income inequality in this country is at its worst level since the Great Depression; that is unacceptable. We need to remedy that situation and we can begin here. 133 NYS ASSEMBLY MAY 15, 2012

I withdraw my objections. I will be voting in the affirmative and, again, I commend the sponsor of this legislation for championing this issue. ACTING SPEAKER P. RIVERA: Mr. Abinanti to explain his vote. MR. ABINANTI: Thank you, Mr. Speaker. I support this very reasonable proposed increase in the minimum wage. Westchester County's average cost of living is 147 percent of the national average cost of living. Most middle-class wage earners in Westchester and the surrounding counties today find it quite a struggle to pay all of the costs of daily living. So, it's clearly impossible for minimum wage earners, even if they work 40 to 50 hours a week, to survive in the Metropolitan area around New York City. And it's also appalling that those who work full time must rely on government help, government programs and charity organizations to meet the most basic needs. I am shocked by the suggestions of some of my colleagues and others that government should step in and help these poor people even more rather than requiring big business to better compensate now-exploited workers. I think it's shocking to hear a suggestion that middle-class taxpayers should see their hard-earned tax money, in effect, subsidize big businesses who exploit workers. This increase, Mr. Speaker, is really just a minimum increase. It will not take these minimum wage workers out of poverty, but it will make things just a little bit better for them and we know 134 NYS ASSEMBLY MAY 15, 2012 money in the pockets of the poor is usually spent on necessaries which helps local businesses and produces more jobs. I support this proposed modest increase in the minimum wage which will bring New York up to some of our neighboring states. Thank you. ACTING SPEAKER P. RIVERA: Mr. Linares to explain his vote. MR. LINARES: Thank you, Mr. Speaker. I would like to explain my vote and also commend the Speaker and also the sponsor of this legislation. I believe that those of us who have been part of working New Yorkers and workers in this country, whether we came from another country as immigrants or we've been here many generations, some of us got to work for this type of salary level sometime while, perhaps, we were in high school or we were going through college. I certainly was one of them. And I can say that for the vast majority of people, the living wage level puts them on life support because with the cost of living that we have today, you cannot survive; there's no way you can survive on one single salary. In fact, you have to have two jobs and sometimes you have to have your entire family working to make ends meet. So, this is a shot in the arm to families who are struggling to make ends meet. And, by the a way, whoever has a minimum wage salary will do everything that they can not to lose that job. They will go to work on time. They want to make sure that 135 NYS ASSEMBLY MAY 15, 2012 they're on good terms with their employer. And so, I believe that this increase is fair. This increase also helps bring greater ability to purchase small businesses by consumers who are in desperate need to be able to make ends meet. So, with that, I vote in the affirmative and, again, I commend the sponsor for promoting this piece of legislation. ACTING SPEAKER P. RIVERA: Mr. Perry to explain his vote. MR. PERRY: Thank you, Mr. Speaker, for the opportunity to explain my vote. Let me join my colleagues in congratulating and commending the Speaker and the Chair of the Labor Committee for their conviction in pushing this issue, knowing that it is the right thing to do, for the leadership getting it done today. Many of those who will benefit from an increase in the minimum wage are immigrants and their families who come here to this land of hope and opportunity and try to make their lives better and contribute to all of us by building this nation and making it a place where others will come and join them. They do the maximum work. They work the maximum hours. They work longer than any of us will probably ever work today. It's unfortunate that so many of my colleagues will vote today and have voted before against the minimum wage and will serve in this House and may never vote to give a raise to those at the bottom of the rung, always hiding under the same excuse and the same reason that has been proven over and over again to be false. 136 NYS ASSEMBLY MAY 15, 2012

I believe and my colleagues who vote yes believe that this is the right thing to do; that these hard-working Americans, new Americans, mostly, deserve this raise. They'll never get it unless we do it. Mr. Speaker, I withdraw my request and I vote in the affirmative. Thank you. ACTING SPEAKER P. RIVERA: Mr. Moya to explain his vote. MR. MOYA: Thank you, Mr. Speaker. I rise today in support of this bill and I want to extend my congratulations and commend my colleague, the bill sponsor, for introducing this bill, as well as Speaker Silver for his leadership on this. With New York's economy still struggling to regain footing after one of the worst recessions in American history, working families need all the help they can get. With income inequality increasing, it's vital that we rekindle the spirit of shared prosperity and the dignity of hard work in making sure that families in my district and across the State of New York have the ability to achieve this goal of having a minimum wage. With a proud history as one of the most progressive states in the nation, we should be leading the way, not lagging behind. In the past five years our State increased the minimum wage rate by just 10 cents per hour, which is simply not enough. Together, we can help New York State improve the lives of many working families while stimulating our economy. 137 NYS ASSEMBLY MAY 15, 2012

Mr. Speaker, I will be voting in the affirmative. Thank you. ACTING SPEAKER P. RIVERA: Mr. Camara to explain his vote. MR. CAMARA: Thank you, Mr. Speaker. I'm really echoing the eloquent, passionate comments of so many of my colleagues, but I really think it's appropriate to say again, I'm very optimistic about what this modest increase can mean for families struggling to make it in this economy. Raising the minimum wage is imperative to the financial survival of families in this State. This is a reasonable first step, one that I applaud but, at the same time, recognize that we still have a long way to go in fulfilling our non-negotiable obligation to working families, the same families that really are the ones that drive the economy of this State. This increase is especially important for women and people of color in this State who tend to occupy disproportionate numbers, they more readily occupy minimum wage jobs. Research shows that of these workers who would directly benefit, 56 percent are women; nearly half are black and Hispanic. And contrary to the popular belief, I do not believe this is a job killer, but a vital tool to jump-start a stagnant economy because, as has been said so many times, these are individuals who have an increase in income and will also have an increase in spending which will drive our economy forward. So, I thank the sponsor so much, the Chair of the 138 NYS ASSEMBLY MAY 15, 2012

Labor Committee and the Speaker. And we're going in the right direction, but we will still have a whole lot of work to do in terms of closing so many of the gaps and inequities in our current economic system. Thank you, Mr. Speaker. I vote in the affirmative. ACTING SPEAKER P. RIVERA: Ms. Nolan to explain her vote. MS. NOLAN: Thank you, Mr. Speaker, my colleagues. Just adding my voice as someone who was privileged to Chair the Labor Committee at one time in earlier years, shepherd a bill to increase minimum wage to the floor, I want to thank Speaker Silver, Chairman Wright, all my colleagues in the debate today, but I think the past history of the bill shows or the issue shows that only positive things happen for the people in our State when we do increases in the minimum wage and the evidence from earlier increases many years back show a tremendous support for working families and just, again, want to add my voice. Assemblyman Bronson and I were just talking about all the battles of all the years. Nothing but good has come out of raising the minimum wage and I thank the Speaker and my colleagues and Mr. Wright for the work that they've done and hope that we will see this become law this year. Thank you. ACTING SPEAKER P. RIVERA: Ms. Naomi Rivera to explain her vote. MS. N. RIVERA: Thank you, Mr. Speaker. I, too, 139 NYS ASSEMBLY MAY 15, 2012 want to rise to commend the sponsor and the Speaker for their work on this piece of legislation. Workers in New York are faced, and have been faced, men and women who have wanted to do right by our State have been faced with regular increases in their cost of living expense and, yet, the minimum wage has failed to meet that demand so that they can afford basic needs. New York State is at the top of the most expensive places to live in America and New York City is one of the most in the world. According to the Federal government, 14 percent of New Yorkers live in poverty. Right here in Albany, New York the center of our State government, poverty rates are at an all-time high with 25 percent and for all children, 36 percent living in poverty, which is a disgrace. So, you know, research shows that an average family needs more income, about twice that level to cover basic expenses using -- a standard of 42 percent of children live in low-income families. Excuse me. It's obvious that we need to do more to help our families and children to meet the costs associated with their basic needs. And one of my colleagues had asked earlier if we sometimes take too long to respond or to act and if that's why we're doing this. Well, an example of how we sometimes take too long, if we look back at 1990, the minimum wage was $3.35 and it took 10 years before we raised that to 40 cents higher. It is time that we do more for our working families. Again, they're trying to just live the American dream. And so I want to say to all of my colleagues, thank 140 NYS ASSEMBLY MAY 15, 2012 you for those who are voting in the affirmative. It is an important piece of legislation. ACTING SPEAKER P. RIVERA: Mr. Weprin to explain his vote. MR. WEPRIN: Thank you, Mr. Speaker. It's a great honor for me to cast my vote in the affirmative. I want to thank Speaker Silver and Chairman Wright for all their work on this bill. Clearly, under the present minimum wage on an annual basis, a worker makes only about $15,000 per year and we all know what it's like to live in New York State on $15,000 a year. This may be a safety net for many, many of our poorer residents. It's not going to solve everyone's problem, but it will go a long way to making the lives of those on the lower end of the pay scale a little bit more livable. I proudly vote in the affirmative. ACTING SPEAKER P. RIVERA: Mr. Espinal to explain his vote. MR. ESPINAL: I would just like to express my support for -- thank you, Mr. Speaker. I would like to express my support for this bill. It's a great bill. I represent are one of the poorest districts across the whole State of New York. You know, I know there's some concerns about the effect it might have on small business, but let's be real, McDonald's and all the big box stores pay way less than these small, private businesses. When I was 16 years old I was flipping burgers and I made $5.25 an hour. And when I asked for a raise, they gave me a 141 NYS ASSEMBLY MAY 15, 2012 raise, but they gave me $5.35 an hour and they expected me to be happy. Now, my friends worked at the pharmacy and they made $6.50 an hour. So, these small businesses are not being affected. What this bill affects is the big corporations, the big box stores. They have to pay their share. My district really needs this raise. So, again, I want to thank the sponsor of this bill and the Speaker for bringing this bill to the floor. Thank you. ACTING SPEAKER P. RIVERA: Mr. Kearns to explain his vote. MR. KEARNS: Thank you, Mr. Speaker. I also do rise in support of this bill today. And when we think of this, rent, food, transportation, healthcare and everything else, I once, too, represented a very poor city, a city that was the second-poorest city of its size in the nation. And what I want people to do today is think about the people that you are impacting with this vote, the person that brings you the juice in the morning, the person who maybe makes your bed after you leave your hotel, the person who may fill up your gas tank during the day and look at them and say that you did something for them today. If you do feel guilty and if it's a vote that maybe you could not make, I'm going to give you this piece of advice: I'm going to help you clear your conscience. So when that bed gets made in the morning, leave them a couple extra dollars on the bed. Maybe give someone -- tip them a little bit more. We all do well in this Chamber. Many of us have companies, second jobs. We can do a 142 NYS ASSEMBLY MAY 15, 2012 little bit more for the poorest in this State. So, once again, I rise to support this bill. And just think, could you imagine working 52 weeks a year without any time off, having to go to your employer to beg for them for a little extra time on the minimum wage? I was a business owner. I was someone who collected garbage. I've seen both spectrums of the working class and I'll tell you right now, I think this was a good day in the Assembly and I consider this my first great vote as an Assemblyman. Thank you, Mr. Speaker. ACTING SPEAKER P. RIVERA: Mr. Wright to explain his vote. MR. WRIGHT: Thank you, Mr. Speaker. I just want to -- a bill of this magnitude does not come to fruition, does not come to the floor by magic, so I want to thank John Svare, Najay Roache, Erin Smith and team leader Jennifer Best for all of the work and -- all the hard work and all of the traveling around the State to our public hearings. You know, I just want to make sure that we also don't forget, as the initial rationale, the genesis of why we have the minimum wage. The minimum wage was started in 1938. It was first enacted in 1938. We were coming out of the Great Depression then. President Roosevelt and the Federal government wanted to make sure that the people of this great nation had a floor to work off of. They wanted folks to be able to afford basic necessities. I'm sorry to say, but I've heard from some of our colleagues on the other side is that 143 NYS ASSEMBLY MAY 15, 2012 they seem to want to protect small business, and that's fine. Nothing wrong with that. I want to echo and expand some of the sentiments of my colleague, Annette Robinson, when she says that when we help these small businesses it sounds like people are espousing trickle-down economics. Well, certainly, in my neighborhood trickle down doesn't trickle down anymore. So, I just want to say that our banks have been bailed out. In order to stimulate and revive an economy, we have to spend money. Our banks have been holding the money, so we have -- and it's been shown in so many studies that those on the lower rungs of the economic ladder, as soon as they get some money, they will spend it and they will spend it in our communities. They will spend it at the cleaners, they'll spend it at the grocery store, they'll spend it locally and revitalize the economy. So, I want to say thank you, Mr. Speaker. I withdraw my request and vote in the affirmative. Thank you very much. ACTING SPEAKER P. RIVERA: Are there any other votes? The Clerk will announce the results. (The Clerk announced the results.) The bill is passed. Mr. Canestrari. MR. CANESTRARI: I understand you have resolutions for us to consider, Mr. Speaker. 144 NYS ASSEMBLY MAY 15, 2012

ACTING SPEAKER P. RIVERA: We have numerous resolutions. Privileged resolution by Mrs. Rabbitt, the Clerk will read. THE CLERK: Resolution No. 1321. Legislative Resolution recognizing the 300th Anniversary of Sarah Wells' arrival to the Wawayanda Patent in Orange County. WHEREAS, It is the intent of this legislative Body to commemorate those events of historical significance which add strength, vigor and inspiration to the cultural diversity and quality of life in the communities of the State of New York; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, this legislative Body is justly proud to recognize the 300th Anniversary of Sarah Wells' arrival to the Wawayanda Patent in Orange County; and WHEREAS, To recognize the 300th Anniversary of Sarah Wells' arrival to the Wawayanda Patent, numerous events have been planned this year including The Sarah Wells Tricentennial Reception, which was held on February 23, 2012 Sarah Wells Day on May 19, 2012 and a Running With the Bulls 5k walk/run is scheduled for September 22, 2012; and WHEREAS, Sarah Wells, the first woman to have settled on the Wawayanda Patent which included parts of what is now Orange County, New York, was born on April 6, 1694 and later 145 NYS ASSEMBLY MAY 15, 2012 orphaned; and WHEREAS, Sarah Wells was a young indentured servant to Christopher and Elizabeth Denn; Mr. Denn asked Sarah Wells to sail up the Hudson River to settle his portion of the Wawayanda Patent; and WHEREAS, In May of 1712, at the age of 18, Sarah Wells sailed on a sloop from New York City with two carpenters, three Indian guides, and enough provisions to establish a home on the Otterkill, near what would become Goshen, New York, with the promise of 100 acres to be given to her; and WHEREAS, Accompanied by her Indian guides and carpenters, Sarah Wells landed in what is now New Windsor, New York, and ventured inland with horses, cows, dogs, and household equipment; and WHEREAS, Hard work and a formidable character allowed Sarah Wells to survive the unsettled and wild territory of the time; and WHEREAS, On August 25, 1718, Sarah Wells married William Bull, a stonemason, the first recorded wedding in the Township of Goshen, and together they raised 12 children; and WHEREAS, William Bull built the 1722 Bull Stone House and named his homestead Hamptonburgh in honor of his birthplace in Wolverhampton, England; and WHEREAS, Sarah Wells died on April 21, 1796, at the age of 102; she is buried at Hamptonburgh Cemetery in Campbell 146 NYS ASSEMBLY MAY 15, 2012

Hall, New York; and WHEREAS, At the time of her death, there were 335 descendants of Sarah and William Bull; today there are more than 65,000 names in the Bull Family genealogy; and WHEREAS, To this day, throughout Orange County, there are still many physical connections to Sarah Wells and William Bull, including road and street names and towns and buildings; and WHEREAS, Two of the earliest buildings with connections to Sarah Wells are the 1722 Bull Stone House, which has been continually inhabited by a Bull family member since this time, and the New World Dutch Barn on the original Bull property in Hamptonburgh, New York; and WHEREAS, The Sarah Wells Trail is a main road that connects Goshen to Washingtonville, most likely a path well worn by Sarah Wells herself; moreover, Bullville, New York, and Thomas Bull Memorial Park are all part of the Sarah Wells and William Bull legacy; and WHEREAS, This legislative Body is pleased to have this opportunity to express its highest admiration for Sarah Wells, her family and the William Bull and Sarah Wells Stone House Association, Inc., as well as all the individuals who have worked to bring proper attention to a person, place and time which merits recognition in the grand panorama of the history of our State and Nation; now, therefore, be it RESOLVED, That this legislative Body pause in its 147 NYS ASSEMBLY MAY 15, 2012 deliberations to recognize the 300th Anniversary of Sarah Wells' arrival to the Wawayanda Patent in Orange County; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to the William Bull and Sarah Wells Stone House Association, Inc., Campbell Hall, New York. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Zebrowski, the Clerk will read. THE CLERK: Resolution No. 1322. Legislative Resolution honoring Ian Mackey, Lee Stipek, Kenneth Patterson and Gerald Knapp, heroic responders to a life threatening West Haverstraw, New York, gas line leak on January 16, 2012. WHEREAS, It is the custom of this legislative Body to recognize and commend the caring concern and heroic acts of individuals who take prompt and appropriate action in emergency situations in an effort to preserve the life of another; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, this legislative Body is justly proud to honor Ian Mackey, Lee Stipek, Kenneth Patterson and Gerald Knapp, heroic responders to a life threatening West Haverstraw, New York, gas line leak on January 16, 2012; and WHEREAS, On January 16, 2012, a gas line rupture 148 NYS ASSEMBLY MAY 15, 2012 was reported in West Haverstraw, New York; the rupture was caused by the installation of underground lines; and WHEREAS, Among those responding to the emergency call were Ian Mackey and Lee Stipek from the Orange and Rockland utilities company, and Kenneth Patterson and Gerald Knapp from the West Haverstraw Fire Department; and WHEREAS, Orange and Rockland workers Ian Mackey and Lee Stipek immediately engaged in efforts to shut off the dangerous ruptured gas lines, while firefighters Kenneth Patterson and Gerald Knapp went from door to door to evacuate residents from their homes; and WHEREAS, At approximately 1 p.m., firefighters Kenneth Patterson and Gerald Knapp were in the midst of the evacuation process at the front door of a home on Zarriello Lane in West Haverstraw when the home exploded sending them 30 to 40 feet in the air and injuring them seriously; the explosion also injured Orange and Rockland workers Ian Mackey and Lee Stipek, who nevertheless successfully continued their efforts to shut off the gas lines to prevent further explosions; and WHEREAS, Orange and Rockland workers Ian Mackey and Lee Stipek, and West Haverstraw firefighters Kenneth Patterson and Gerald Knapp, were all hospitalized and treated for their injuries incurred as a result of the explosion; and WHEREAS, As a result of the courageous, skilled and heroic actions of Ian Mackey, Lee Stipek, Kenneth Patterson and 149 NYS ASSEMBLY MAY 15, 2012

Gerald Knapp on January 16, 2012 in shutting off the gas lines and evacuating the residents of the affected neighborhood in West Haverstraw, New York, further potential explosions and serious injuries and death to the area's residents were prevented; and WHEREAS, It is the sense of this legislative Body to recognize and pay tribute to those individuals within the State of New York who perform rescue operations with diligence and precision, resulting in heroic life-saving actions; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to honor Ian Mackey, Lee Stipek, Kenneth Patterson and Gerald Knapp, heroic responders to a life threatening West Haverstraw, New York, gas line leak on January 16, 2012; and be it further RESOLVED, That copies of this Resolution, suitably engrossed, be transmitted to Ian Mackey, Lee Stipek, Kenneth Patterson and Gerald Knapp. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Kolb, the Clerk will read. THE CLERK: Resolution No. 1323. Legislative Resolution commending American Legion Department Commander W. Michael Bowen upon the occasion of the Homecoming Dinner being held in his honor on May 150 NYS ASSEMBLY MAY 15, 2012

19, 2012. WHEREAS, It is the sense of this legislative Body to recognize that the quality and character of life in the communities across New York State are reflective of the concerned and dedicated efforts of organizations and individuals who devote themselves to the welfare of the community and its citizenry; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, this legislative Body is justly proud to commend American Legion Department Commander W. Michael Bowen of Seneca Falls, New York, upon the occasion of the Homecoming Dinner being held in his honor at the Waterloo Holiday Inn on Saturday, May 19, 2012; and WHEREAS, The American Legion was chartered and incorporated by Congress in 1919 as a patriotic veterans organization devoted to mutual helpfulness; it is the nation's largest veterans service organization, committed to mentoring youth and sponsorship of wholesome programs in our communities, advocating patriotism and honor, promoting strong national security, and continued devotion to fellow service members and veterans; and WHEREAS, Commander W. Michael Bowen was born in Hornell, New York, and grew up in Waterloo, New York; he enlisted in the United States Navy in 1967 at the age of 17 and served from 1967 until 1971 in Europe and the Mediterranean area with the Naval Security Group as a top secret radioman intercept operator; and WHEREAS, W. Michael Bowen is a 43 year life 151 NYS ASSEMBLY MAY 15, 2012 member of American Legion Warner-Van Riper Post 435 in Waterloo; he was a member of the Sons of the American Legion Squadron; and is a graduate of Legion College and the National American Legion College; and WHEREAS, Commander Bowen is, in addition, a member of Masonic Lodge 965, Veterans of Foreign Wars, Disabled American Veterans, AMVETS, The Marine Corp League, and the Forty and Eight Veterans Organization and was the State Chef de GARE 2005-2006; and has been the Keynote Speaker for the Memorial Day Ceremony in Waterloo three times; and WHEREAS, Commander Bowen has earned a Certificate of Appreciation from the Seneca Falls Municipal Drug Treatment Court; in 2007, he was named Humanitarian of the Year by the 7th District American Legion; in 2010 he was named a Gold Brigadier and the Department of New York Recruiter of the Year and, in 2011, he was named a Silver Brigadier; and WHEREAS, For the past 47 years, on Saint Patrick's Day, Commander Bowen has gone around the village area playing Irish tunes raising funds and donating them to the less fortunate of Seneca County and to various charities; and WHEREAS, Self-employed, W. Michael Bowen is the owner of a local general contracting business; he attends Grace Community Church in Hayts Corners and is a member of the Special Committee for the Sampson Veterans Memorial Cemetery; and WHEREAS, Commander Bowen and his wife Patty 152 NYS ASSEMBLY MAY 15, 2012 have four children, Jonathan, Brandi, Lori, and Jenny Sue; and one grandchild, Brandan Michael; and WHEREAS, It is the sense of this legislative Body that when individuals of such noble aims and accomplishments are brought to our attention, they should be celebrated and recognized by all the citizens of the great State of New York; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to commend American Legion Department Commander W. Michael Bowen upon the occasion of the Homecoming Dinner being held in his honor on May 19, 2012; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to W. Michael Bowen. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Kolb, the Clerk will read. THE CLERK: Resolution No. 1324. Legislative Resolution congratulating the 2012 Midlakes Cheerleading Team upon the occasion of earning national titles at the ECA Nationals Cheer and Dance Championships. WHEREAS, Excellence and success in competitive sports can be achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning; and 153 NYS ASSEMBLY MAY 15, 2012

WHEREAS, Athletic competition enhances the moral and physical development of the young people of this State, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success and developing a sense of fair play and competition; and WHEREAS, The 2012 Midlakes Cheerleading Team competed at the ECA Nationals Cheer and Dance Championships held at the College of William and Mary's Kaplan Arena in Williamsburg, Virginia; and WHEREAS, The Screaming Eagles of the Midlakes Cheerleading Team captured two team titles and one group crown at the 2012 ECA Nationals Cheer and Dance Championships, while three individual members topped their respective divisions; and WHEREAS, The 2012 Midlakes Cheerleading Team won the large varsity mount show division and claimed first place in the varsity-level championships, which earned them national champion status; and WHEREAS, Winning individual and group titles for the 2012 Midlakes Cheerleading Team at the ECA Nationals Cheer and Dance Championships were: Marie Fischer in the junior level individual division, Katie Scoville in the non-tumbling senior level individual division and Lacy Lapresi in the senior level tumbling division; the team of Destiny Rodman, Katie Scoville, Taylor Allen, Bridgette Kelly and Melinda Westbrook won the senior stunt group division; and 154 NYS ASSEMBLY MAY 15, 2012

WHEREAS, The athletic talent displayed by this team is due in great part to the efforts of Coach Laura Hovey, a skilled and inspirational mentor, respected for her ability to develop potential into excellence; and WHEREAS, The team's overall record is outstanding, and the team members were loyally and enthusiastically supported by family, fans, friends and the community at large; and WHEREAS, The hallmarks of the 2012 Midlakes Cheerleading Team, from the opening of the season to participation in the ECA Nationals Cheer and Dance Championships, were an extraordinary combination of athletic ability, of good sportsmanship, of honor and of scholarship, demonstrating that these team players are second to none; and WHEREAS, Athletically and academically, the team members have proven themselves to be an unbeatable combination of talents, reflecting favorably on their school and community; and WHEREAS, Coach Laura Hovey has done a superb job in guiding, molding and inspiring the team members toward their goals; and WHEREAS, Sports competition instills the values of teamwork, pride and accomplishment, and Coach Laura Hovey and the 2012 Midlakes Cheerleading Team's outstanding athletes have clearly made a contribution to the spirit of excellence which is a tradition of their school; now, therefore, be it RESOLVED, That this legislative Body pause in its 155 NYS ASSEMBLY MAY 15, 2012 deliberations to congratulate the 2012 Midlakes Cheerleading Team, its members and Coach Laura Hovey on their outstanding season and on earning national titles at the ECA Nationals Cheer and Dance Championships; and be it further RESOLVED, That copies of this Resolution, suitably engrossed, be transmitted to the members of the 2012 Midlakes Cheerleading Team and Coach Laura Hovey. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Murray, the Clerk will read. THE CLERK: Resolution No. 1325. Legislative Resolution paying tribute to Lieutenant Howard J. Carpluk, Jr. posthumously upon the occasion of the dedication of a pocket park in his honor on May 20, 2012. WHEREAS, It is the sense of this legislative Body to honor individuals of great character whose lives served as a remarkable portrait of the highest ideals of service to their community; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, this legislative Body is justly proud to pay tribute to Lieutenant Howard J. Carpluk, Jr. posthumously upon the occasion of the dedication of a pocket park in his honor at the corner of Gerard Road and Yaphank Avenue in 156 NYS ASSEMBLY MAY 15, 2012

Yaphank, New York, on Sunday, May 20, 2012; and WHEREAS, Howard Carpluk, Jr. G15. Joined the Fire Department on August 2, 1986; his first job was with Ladder Company 31 in the Bronx; and WHEREAS, In 1988, Firefighter Howard Carpluk and another firefighter entered a burning apartment at 957 Kelly Street in the Bronx and rescued two men who had been overcome by smoke; the men survived and today each has five children; and WHEREAS, A promotion to lieutenant came on February 6, 1999, and Lieutenant Howard Carpluk joined Engine 42 in 2002; he lived in Yaphank, on Long Island, and was a volunteer firefighter in the nearby community of East Islip; and WHEREAS, Lieutenant Howard Carpluk was also active in the South Yaphank Civic Association, a community group that was formed to fight for the closing of a shooting range that sits about a block away from his home; and WHEREAS, He loved his community and loved being a firefighter; as a member of Ladder Company 31 and Engine 42, his dedication was unending; and WHEREAS, Lieutenant Howard Carpluk was exceptionally devoted to his wife, Debra, and their two children, Bradley and Paige; he was beloved throughout his community and was considered a mentor to many; and WHEREAS, Lieutenant Howard Carpluk's life was a portrait of service, a legacy which will long endure the passage of 157 NYS ASSEMBLY MAY 15, 2012 time, and will remain as a comforting memory to all he served and befriended; and WHEREAS, It is the custom of this legislative Body to reflect upon those outstanding individuals who have made everlasting contributions on behalf of their fellow man and have truly left their mark on this great Empire State; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to pay tribute to Lieutenant Howard J. Carpluk, Jr. posthumously upon the occasion of the dedication of a pocket park in his honor on May 20, 2012; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to the family of Lieutenant Howard J. Carpluk, Jr. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Murray, the Clerk will read. THE CLERK: Resolution No. 1326. Legislative Resolution honoring Anthony Nunziata upon the occasion of his designation as Brookhaven Fire Department's 2012 Fireman of the Year. WHEREAS, The firefighters of New York State are renowned throughout the Nation; their reputation is synonymous with excellence in the arduous field of fire protection and prevention; and 158 NYS ASSEMBLY MAY 15, 2012

WHEREAS, Since the early days of "teapot steamers," the volunteer firefighter has been the cornerstone of our great Nation's efforts to spare us from the ravages of fire; and WHEREAS, This legislative Body is proud to honor Anthony Nunziata upon the occasion of his designation as Brookhaven Fire Department's 2012 Fireman of the Year; and WHEREAS, Son of Pat and Peggy Nunziata, Anthony Nunziata was born and raised in Holtsville, New York; and WHEREAS, An avid athlete, Anthony Nunziata was a star on both the football and lacrosse teams at Sachem North High School; he graduated high school in 1984, and began his career at Clare Rose, Inc. in 1988; and WHEREAS, Anthony Nunziata joined the Holbrook Fire Department in the summer of 1984; he was an active member, responding to alarms and emergencies at any time of the day and night until he moved his family to Brookhaven and joined the Brookhaven Fire Department in 1995; and WHEREAS, A Member of Brookhaven Fire Department Dive Rescue Team, Anthony Nunziata holds PADI open water diver and PADI advanced open water certifications, and has completed coursework for Dive Rescue International; and WHEREAS, As Driver of the Tower Ladder, Anthony Nunziata also holds certifications to drive all pieces of Brookhaven Fire Department apparatus; and WHEREAS, On January 12, 2002, Anthony Nunziata 159 NYS ASSEMBLY MAY 15, 2012 received the Chief's Award for taking the time and patience to train others in the use of equipment, specifically the tower ladder, and doing the American flag arch detail for each and every funeral when needed resulting from the 9/11 attacks; and WHEREAS, In September of 2011, while working at Clare Rose, Inc., Anthony Nunziata used his training as a firefighter to help with the extrication and stabilization of an injured employee that was stuck in a compactor; due to his quick and astute actions, the employee is now on his way to recovery; and WHEREAS, Less than two months later, Anthony Nunziata came upon a motor vehicle accident involving a tanker truck carrying 9,000 gallons of gasoline and a minivan with nine people; he and a co-worker assisted the injured to safety by pulling them all out of harm's way, ultimately saving the lives of all involved; and WHEREAS, With him throughout have been his wife, Barbara, and their two daughters Cassandra and Brittney, all of whom feel privileged to be a part of his life and rejoice in his achievements; and WHEREAS, Volunteer firefighters and fire departments not only provide the critical service of fire protection but also engage in other activities of great benefit and importance to the communities they serve; and WHEREAS, It takes a special dedication, a strong desire to help others and a tireless sense of community to forsake precious time with family and friends to respond to the signal that a 160 NYS ASSEMBLY MAY 15, 2012 neighbor is in need; Anthony Nunziata is such a firefighter; throughout 28 years of devoted service, this volunteer heroically performed, above and beyond the call of duty, those responsibilities which define the task of fire protection; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to honor Anthony Nunziata upon the occasion of his designation as Brookhaven Fire Department's 2012 Fireman of the Year; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to Anthony Nunziata. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mrs. Duprey, the Clerk will read. THE CLERK: Resolution No. 1327. Legislative Resolution honoring Director Stanley A. Ransom upon the occasion of his retirement from the Plattsburgh Public Library. WHEREAS, It is the sense of this legislative Body to recognize and honor those distinguished citizens of this great Empire State who have devoted themselves to faithfully serving the best interests of their community and the needs of its residents; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, it is the sense of this legislative 161 NYS ASSEMBLY MAY 15, 2012

Body to honor Director Stanley A. Ransom upon the occasion of his retirement from the Plattsburgh Public Library, to be celebrated at a reception on Sunday, May 20, 2012; and WHEREAS, Since 2007, Stanley Ransom has served as the Plattsburgh Public Library Director; Stanley Ransom officially retires on Thursday, May 31, 2012; and WHEREAS, Since 1951, Stanley Ransom has been a resident of New York State after graduating from Yale University in Connecticut and then moving to New York City in order to attend the Columbia Graduate School of Library Service; and WHEREAS, From 1953-1956, Stanley Ransom served as a Professional Library Intern at New York Public Research Libraries; he then went to the Huntington Public Library, serving as Assistant Director from 1956-1958, and then as Director from 1958-1974; and WHEREAS, During the 1960's, Stanley Ransom worked as Secretary of Committee to establish the Suffolk Cooperative Library System, with the Huntington and Patchogue Libraries serving as co-central libraries; he also worked on the committee to establish the Long Island Library Reference and Research Resources Council (LILRC), which linked together the libraries in businesses, colleges, and research institutions; and WHEREAS, While at Huntington Library, Stanley Ransom researched the life of 18th century Huntington slave-poet, Jupiter Hammon; Jupiter Hammon was the first African-American 162 NYS ASSEMBLY MAY 15, 2012 poet to publish his own verse, and lived most of his life in the Lloyd Neck area of Huntington, Long Island; Jupiter Hammon learned how to read and was allowed to use his master's library, and on Christmas Day, 1760, he published his first poem, "An Evening Thought", and later went on to publish other poems and a number of prose pieces as well; and WHEREAS, In May of 1970, Stanley Ransom's book, America's First Negro Poet; Jupiter Hammon of Long Island, was published by Kennikat Press; the second edition was published in 1983 by Associated Faculty Press; and WHEREAS, Stanley Ransom received the Brotherhood Award from Jewish War Veterans and a Certificate of Commendation by the American Association for State and Local History for his book on Jupiter Hammon; because he was concerned that there were no existing celebrations to honor the contributions African-Americans had made to American life and culture, Black Poetry Day was first proposed in 1970 by Stanley Ransom; presently, there is a yearly National observance of this special day on October 17th, the birth date in 1711 of Jupiter Hammon; and WHEREAS, In September of 1974, Stanley Ransom accepted the position as Director of the Clinton-Essex-Franklin Library System in Plattsburgh; upon his relocation, he brought Black Poetry Day with him as it is celebrated throughout New York State; and WHEREAS, Having been at the forefront of other 163 NYS ASSEMBLY MAY 15, 2012

Black Poetry Day celebrations, Stanley Ransom began the invitation of guest poets to read and meet with students at SUNY-Plattsburgh; in 1985, African-American poet Gwendolyn Brooks spoke at SUNY-Plattsburgh in honor of Jupiter Hammon's contribution to American culture; other notable poets who have visited in the past for Black Poetry Day, include Nikki Giovanni, Lucille Clifton, Ntozake Shange, Derek Walcott, Michael Harper, and Jusef Komunyakaa, to name a few; and WHEREAS, Following his 17 years as a System Director, Stanley Ransom retired for 16 years in order to pursue his love of folk music, specifically the folk music of New York State; a musician, he collected the traditional music of Long Island while he was in Huntington and later converted his research into CDs; his first recording in 1991, was a cassette of Plattsburgh interest, called "Down the Saranac," followed by "Adirondack Sampler"; and WHEREAS, Stanley Ransom is active in many organizations, including the Dr. Martin Luther King, Jr. Commission celebrations, the Champlain Valley Transportation Museum, the Adirondack Coast Cultural Alliance, which was formed to celebrate Museum Week and Weekend, along with the Plattsburgh Rotary Club; and WHEREAS, Vice-President of the Valcour Battle Chapter of the Sons of the American Revolution, Stanley Ransom is a recipient of many honors and awards, such as: The Velma K. Moore Award, given by the New York State Association of Library Boards; 164 NYS ASSEMBLY MAY 15, 2012 the Outstanding Services to Libraries Award given by The New York Library Association; the 2010 Community Services Award given by the Red Hummingbird Foundation; and the 2006 Award of Merit by the American Association for State and Local History, among others; and WHEREAS, With him throughout has been his wife, Christina, who feels privileged to be a part of his life and rejoices in his achievements; and WHEREAS, A true asset to society, Stanley Ransom's distinguished record merits the recognition and respectful tribute of this legislative Body; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to honor Director Stanley A. Ransom upon the occasion of his retirement from the Plattsburgh Public Library; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to Stanley A. Ransom. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Oaks, the Clerk will read. THE CLERK: Resolution No. 1328. Legislative Resolution commending Firefighter John "Jack" Newman upon the occasion of his designation as the recipient of a Rose Fire Company Golden Life Member Award in recognition 165 NYS ASSEMBLY MAY 15, 2012 and appreciation of his 50 years of dedicated service to the Company. WHEREAS, The firefighters of New York State are renowned throughout the Nation; their reputation is synonymous with excellence in the arduous field of fire protection and prevention; and WHEREAS, Since the early days of "teapot steamers," the volunteer firefighter has been the cornerstone of our great Nation's efforts to spare us from the ravages of fire; and WHEREAS, This legislative Body is proud to commend John "Jack" Newman upon the occasion of his designation as the recipient of a Rose Fire Company Golden Life Member Award in recognition and appreciation of his 50 years of dedicated service to the Company; and WHEREAS, A member of the Company since 1962, John "Jack" Newman will be honored at the Rose Fire Company's Annual Awards Banquet to be held at Abigail's Restaurant, Waterloo, New York, on Saturday, May 19, 2012; and WHEREAS, Jack Newman is a graduate of North Rose Central School and SUNY Morrisville, from which he earned an associate degree in auto mechanics; he has also earned several training certificates from the General Motors Training Center in Amherst, New York; and WHEREAS, In addition to his long and distinguished service as a member of the Rose Fire Company, Jack Newman is a member of the Wayne County Chiefs Association; and WHEREAS, Jack Newman continues to make more 166 NYS ASSEMBLY MAY 15, 2012 than ninety percent of the Company's ambulance calls; he is a Past Fire Commissioner and, as a Past Chief with more than 20 years of service, he has the distinction of being the Past Chief with the most years of service in that capacity; and WHEREAS, He is also an active Wayne County Assistant Fire Coordinator and Fire Investigator; he drives the Company's cascade truck to all fires needing it in Wayne County, keeps up with all training, and currently serves as the Engine Captain for both of the Company's main line pumpers; and WHEREAS, Volunteer firefighters and fire departments not only provide the critical service of fire protection but also engage in other activities of great benefit and importance to the communities they serve; and WHEREAS, It takes a special dedication, a strong desire to help others and a tireless sense of community to forsake precious time with family and friends to respond to the signal that a neighbor is in need; Jack Newman is such a firefighter; throughout 50 years of devoted active service, this volunteer has heroically performed, above and beyond the call of duty, those responsibilities which define the task of fire protection; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to commend Firefighter John "Jack" Newman for 50 years of distinguished service to the Rose Fire Company and his community; and be it further RESOLVED, That a copy of this Resolution, suitably 167 NYS ASSEMBLY MAY 15, 2012 engrossed, be transmitted to John "Jack" Newman. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Ms. Sayward, the Clerk will read. THE CLERK: Resolution No. 1329. Legislative Resolution congratulating Joseph Girard III of Glens Falls, New York, upon the occasion of capturing the Elks National Hoop Shoot championship. WHEREAS, This legislative Body takes pleasure in honoring talented young athletes who distinguish themselves and their community through outstanding athletic performance; and WHEREAS, Athletic competition enhances the moral and physical development of the young people of this State, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success and developing a sense of fair play and competition; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, it is the intent of this legislative Body to congratulate Joseph Girard III of Glens Falls, New York, upon the occasion of capturing the Elks National Hoop Shoot championship; and WHEREAS, On April 28, 2012 at Western New England University in Springfield, Massachusetts, Joseph Girard III, 168 NYS ASSEMBLY MAY 15, 2012 an 11-year-old fifth-grader from Glens Falls, New York, sunk all 25 of his foul-shots to win the national championship for his age group of 8 to 13 year olds; and WHEREAS, With his perfect 25-for-25 result from the free-throw line, Joseph Girard III of Glens Falls, New York, also received the Getty Powell Award as the best overall shooter in the boys division; and WHEREAS, As an Elks national champion, Joseph Girard III of Glens Falls, New York, will have his name inscribed on a plaque at the National Basketball Hall of Fame in Springfield, Massachusetts; and WHEREAS, The Elks National Free Throw Contest, the Elks Hoop Shoot, is the largest and most visible of the many youth activities sponsored by Elks lodges throughout the country; it is active in all 50 states and the District of Columbia; over three million boys and girls between the ages of eight and 13 will participate this year; and WHEREAS, Now in its 40th year of national competition, the Elks Hoop Shoot started originally in 1946 as a local Elks activity in Corvallis, Oregon; it has served to highlight the Elks national commitment to youth; and WHEREAS, Each of over 2,100 Elks lodges are encouraged to establish their own local Hoop Shoot contests involving boys and girls from ages eight to 13; in the first year of the national program, boys from 19 states participated; in 1973, over 750,000 boys 169 NYS ASSEMBLY MAY 15, 2012 from 42 states took part in the contest, and in the following year, girls were added to the competition; and WHEREAS, From the millions of youngsters who participate in the Elks Hoop Shoot program, six champions are named -- one boy and one girl -- each in three categories: Ages 8-9; 10-11; and 12-13; the winners each receive a trophy and their names are inscribed at the National Memorial Basketball Hall of Fame in Springfield, Massachusetts; and WHEREAS, The competition to become a Elks Hoop Shoot champion is rigorous; at each level contestants take a total of 25 free throws; national finalists average around 90 percent; and WHEREAS, Families participate with contestants throughout the Elks Hoop Shoot competition; the parents of finalists on the State, regional and national levels attend the competition as guests of the Elks; and WHEREAS, The Elks Hoop Shoot program has been effective in developing both champions and character; educators and parents have endorsed the program which "teaches a person how to win in good grace and how to accept the moment of defeat without bitterness"; and WHEREAS, Excellence and success in competitive sports can be achieved only through strenuous practice; Joseph Girard III's dedication is a year-round, everyday commitment; he is highly focused and has developed a matchless work ethic; and WHEREAS, Joseph Girard III's exemplary 170 NYS ASSEMBLY MAY 15, 2012 performance in the Elks Hoop Shoot program is reflective of his dedication, determination and personal commitment; his achievement stands as a hallmark of what is best in the families, schools and communities across New York State; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to congratulate Joseph Girard III upon the occasion of his participation in the 40th Annual Benevolent and Protective Order of Elks National Hoop Shoot competition, and to commend him for the enduring honor he has brought to his family, his school and his community; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to Joseph Girard III. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Conte and Mr. Raia, the Clerk will read. THE CLERK: Resolution No. 1330. Legislative Resolution commending the Greenlawn Fire Department Rescue Squad upon the occasion of its 50th Anniversary. WHEREAS, It is the sense of this legislative Body to recognize and pay tribute to organizations within the State of New York which provide vital emergency medical rescue services; and WHEREAS, Attendant to such concern, and in full 171 NYS ASSEMBLY MAY 15, 2012 accord with its longstanding traditions, this legislative Body is justly proud to commend the Greenlawn Fire Department Rescue Squad upon the occasion of the celebration of its 50th Anniversary on May 19, 2012; and WHEREAS, The Greenlawn Fire Department responds to all medical emergencies 24 hours a day, seven days a week; and WHEREAS, Access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; throughout the 50-year history of the Greenlawn Fire Department Rescue Squad, its members have worked tirelessly to bring the best quality of care to the residents of Greenlawn, New York and its surrounding communities; and WHEREAS, The Greenlawn Volunteer Fire Department has proudly provided Emergency Medical Services to the community for 50 years; from the days of simple First Aid in the back of Cadillac ambulances to the most modern sophistication of today's Advanced Life Support, the Rescue Squad currently responds to nearly 1,400 calls for EMS assistance every year, an average of almost four calls per day; and WHEREAS, The Greenlawn Fire Department Rescue Squad protects the community with three New York State/Suffolk County Certified ALS ambulances, two BLS First Responder vehicles, and a Medic First Responder, with care provided by four Paramedics, four Advanced EMTs, and more than thirty-five Emergency Medical 172 NYS ASSEMBLY MAY 15, 2012

Technicians; and WHEREAS, Its EMS providers are trained and certified to National, State, and County standards; medical direction is provided by Dr. Jack Gefken, who oversees quality assurance and improvement under the direction of the Suffolk EMS Medical Director; and WHEREAS, Basic and Advanced Life Support are provided on scene and en route to the hospital following established medical protocols and through direct contact with medical control MDs at Stony Brook University Hospital; and WHEREAS, All the individuals associated with the Greenlawn Fire Department Rescue Squad, past and present, merit the highest commendation for their contributions to the noble missions of this life-saving organization; and WHEREAS, It is the sense of this legislative Body that when organizations of such noble aims and accomplishments are brought to our attention, they should be celebrated and recognized by all the citizens of the great State of New York; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to commend the Greenlawn Fire Department Rescue Squad upon the occasion of its 50th Anniversary; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to the Greenlawn Fire Department Rescue Squad. ACTING SPEAKER P. RIVERA: On the resolution, 173 NYS ASSEMBLY MAY 15, 2012 all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Crouch and Mr. P. Lopez, the Clerk will read. THE CLERK: Resolution No. 1331. Legislative Resolution commemorating the 50th Anniversary of the General Clinton Canoe Regatta in 2012. WHEREAS, It is the sense of this legislative Body that the quality of life of the citizens of the State of New York is greatly enriched by its exceptional cultural, educational and recreational institutions and events; and WHEREAS, It is also the sense of this legislative Body that institutions and events that give positive definition to the profile and disposition of the communities of the State of New York profoundly strengthen our society with their commitment; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, this legislative Body is justly proud to commemorate the 50th Anniversary of the General Clinton Canoe Regatta in 2012; and WHEREAS, Conceived by Charles Hinkley and a group of local businessmen in Bainbridge, New York, the General Clinton Canoe Regatta was founded in 1962; it is named in honor of General James Clinton of the 1779 Revolutionary War "Sullivan-Clinton Expedition" down the Susquehanna River; and WHEREAS, Celebrating 50 years of endurance canoe 174 NYS ASSEMBLY MAY 15, 2012 racing in 2012, the General Clinton Canoe Regatta is the longest single day flat water canoe race in the world; the race features canoes of all kinds, from 90-pound recreational canoes to 20-pound lightweight graphite canoes; and WHEREAS, A grueling 70 mile test of endurance, stamina, and canoeing skills, the General Clinton Canoe Regatta begins at the source of the Susquehanna River on Otsego Lake in Cooperstown, New York, and finishes at General Clinton Park in Bainbridge, New York; and WHEREAS, An estimated 3,000 amateur, professional and Olympic hopeful canoeists participate in the General Clinton Canoe Regatta over the course of the weekend; including canoeing's top marathon paddlers from North America and Europe, featuring world class athletes such as 28-time General Clinton Canoe Regatta winner, Canadian Serge Corbin, and Olympic Gold Medalist, Greg Barton; and WHEREAS, The General Clinton Canoe Regatta weekend features over 50 races in one- or two-person classes for all ages; and WHEREAS, Thousands of spectators at every accessible point on the river contribute encouragement, cheer, and assist the canoeists over the General Clinton Canoe Regatta's big 4-day Memorial Day weekend; and WHEREAS, This auspicious occasion presents a unique opportunity for this legislative Body to recognize and pay 175 NYS ASSEMBLY MAY 15, 2012 tribute to the General Clinton Canoe Regatta; and WHEREAS, It is the sense of this legislative Body that when organizations and events of such noble aims and accomplishments, and which serve to bring people together for such glorious purposes, are brought to our attention, they should be recognized by all the citizens of this great Empire State; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to commemorate the 50th Anniversary of the General Clinton Canoe Regatta; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to the Bainbridge, New York, Chamber of Commerce. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Mr. Ryan, the Clerk will read. THE CLERK: Resolution No. 1332. Legislative Resolution honoring The International Institute of Municipal Clerks upon the occasion of celebrating the 43rd Annual Municipal Clerks Week, May 6-12, 2012. WHEREAS, It is the sense of this legislative Body to recognize and honor those distinguished citizens of this great Empire State who have devoted themselves to faithfully serving the best 176 NYS ASSEMBLY MAY 15, 2012 interests of their community and the needs of its residents; and WHEREAS, Attendant to such concern, and in full accord with its longstanding traditions, this legislative Body is justly proud to honor The International Institute of Municipal Clerks upon the occasion of celebrating the 43rd Annual Municipal Clerks Week, May 6-12, 2012; and WHEREAS, This event features a week-long series of activities aimed at increasing public awareness of Municipal Clerks; and WHEREAS, This week honors the vital services Municipal Clerks provide for local governments and the community; they perform some of the principal functions of the democratic process; and WHEREAS, In 1984 and in 1994, President Ronald Reagan and President Bill Clinton, respectively, signed a Proclamation officially declaring Municipal Clerks Week the first full week of May; and WHEREAS, During this week, Municipal Clerks throughout the world will host open houses and tours of Municipal Clerks offices, visit local schools and participate in other various events; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to honor The International Institute of Municipal Clerks upon the occasion of celebrating the 43rd Annual Municipal Clerks Week, May 6-12, 2012 and wish this association continued success in 177 NYS ASSEMBLY MAY 15, 2012 all future endeavors; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to The International Institute of Municipal Clerks. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. Privileged resolution by Ms. Titus, the Clerk will read. THE CLERK: Resolution No. 1333. Legislative Resolution commemorating the 100th anniversary of Mount Carmel Baptist Church in Arverne, New York. WHEREAS, Religious institutions, and the many spiritual, social and educational benefits they confer, play a vital role in the development of the moral fabric of a responsible citizenry; and WHEREAS, It is the tradition of this State and this Nation to pay tribute to those institutions and individuals who have contributed to the ethical and spiritual values of their communities; and WHEREAS, This legislative Body takes pleasure in commemorating the 100th anniversary of Mount Carmel Baptist Church in Arverne, New York; and WHEREAS, Mount Carmel was organized on May 18, 1912; the Church's pastoral leadership came under Reverend I. P. Harrell; the present edifice was erected in 1959 and Mount Carmel 178 NYS ASSEMBLY MAY 15, 2012 became the flagship Baptist Church on Far Rockaway; and WHEREAS, On January 19, 2008, Reverend Darren A. Ferguson was called to serve as Pastor of Mount Carmel; while there, the church has broken some gender barriers as Shirley Jackson was called to be the first woman to ever serve as the chair of Mount Carmel's Diaconate ministry; and WHEREAS, Mount Carmel Baptist Church stands on the threshold of tomorrow, prepared to meet the challenges of the coming decades while retaining that spiritual resolve which characterizes its past; and WHEREAS, It is the custom of this legislative Body to take note of enduring religious institutions and to bring such institutions to the attention of the people of this Empire State; now, therefore, be it RESOLVED, That this legislative Body pause in its deliberations to commemorate the 100th anniversary of Mount Carmel Baptist Church in Arverne, New York, fully confident that this commemoration reflects the belief in those values which enhance the dignity and purpose of life; and be it further RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted to Reverend Darren A. Ferguson, Pastor, Mount Carmel Baptist Church in Arverne, New York. ACTING SPEAKER P. RIVERA: On the resolution, all those in favor signify by saying aye; opposed, no. The resolution is adopted. 179 NYS ASSEMBLY MAY 15, 2012

Mr. Canestrari. MR. CANESTRARI: With that, I move the Assembly stand adjourned until tomorrow, Wednesday, May 16th at 11:30, tomorrow, Wednesday, being a Session day. ACTING SPEAKER P. RIVERA: The House stands adjourned. (Whereupon, at 5:47 p.m. the Assembly stood adjourned until Wednesday, May 16th at 11:30 a.m., Wednesday being a Session day.)

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