I should14 state -- sir, good afternoon. Thank you15 for your passionate testimony. I should16 state for the record that Councilman, the17 sponsor of this bill, and myself actually18 dealt with that issue in a deep way19 somewhere between 2003 and 2007, and we20 got involved because we knew of that21 circumstance. So know that it has never22 gone away from our plate.23
You're25 305 3/1/11 - PUBLIC HEALTH - BILL 0804741 welcome.2
Okay. We3 are now -- is there anyone else here to4 testify on this bill?5 (No response.)6
There7 being none, we will go into our --8 adjourn the public hearing and go into9 our public meeting, and the Chair10 recognizes Councilman Clarke, who is the11 sponsor of this bill, who I believe has12 some information, additional amendments13 for this bill to be considered by this14 Committee.15 (Applause.)16
Thank you,17 Madam Chair. Madam Chair, as anticipated18 and as expected, we have had a spirited19 debate about this issue. I think it was20 fruitful. I think that it put both sides21 in a very clear and transparent way out22 on the record.23 And I just want to be clear24 that I understand, in spite of what25 306 3/1/11 - PUBLIC HEALTH - BILL 0804741 action we take today, there still needs2 to be conversations with all of the3 pertinent parties, because this is a4 very, very significant issue and it is a5 very controversial issue, and at the end6 of the day, I want to make sure that7 there are no stones unturned as it8 relates to people having an opportunity9 to have input and to provide whatever10 information is needed to be available11 before we finalize or come to some12 conclusion on this particular bill.13 As I said earlier, what we14 would have liked to have done -- and15 we've been able to do that -- is have all16 of the testimony be put on the record,17 particularly as it relates to some of the18 concerns raised by the business community19 and the Chambers, which we really20 appreciated. And what I'd like to do21 right now, understanding that based on22 earlier conversations with all of the23 various groups, we have prepared24 amendments that I do believe address25 307 3/1/11 - PUBLIC HEALTH - BILL 0804741 most, if not all, of the issues raised in2 earlier conversations and also today, and3 what I'd like to do, with your4 indulgence, is just quickly go through5 them.6 The amendments will reflect the7 following issues: One, it will add the8 corrected enforcement agency. That will9 be the Mayor's Office of Labor Standards.10 Two, it excludes from the11 definition of "employee" seasonal and12 temporary workers, as well as interns.13 Three, it ensures and it is14 understood that a franchise like an15 independently owned McDonald's is not a16 small business, even if they only have17 ten people working there.18 It removes confusing language19 referencing employees more than 56 hours20 in a year are eligible for sick time,21 clarify the section. So as long as you22 are not temporary, seasonal or intern,23 then you are included under this24 legislation.25 308 3/1/11 - PUBLIC HEALTH - BILL 0804741 Number six -- number five, it2 extends the waiting period for use of3 sick time. There were some significant4 concerns raised by the Chamber about the5 implementation of such sick time and6 after a 30-day period, and this bill7 amends it to be more consistent with the8 existing private sector. It shall be 909 days.10 The next one, removes the11 language about not being able to12 substitute vacation time for sick time.13 Additionally, it allows for paid sick14 time to be provided upon the oral or15 written request of an employee.16 Number eight, deletes language17 regarding employers being responsible for18 paying expenses.19 The last one, it makes clear20 that employers don't have to find back21 records for the previous five years,22 understanding that this can be somewhat23 onerous, only need to begin keeping24 records prospectively from implementation25 309 3/1/11 - PUBLIC HEALTH - BILL 0804741 of this particular bill.2 So all of these provisions are3 included in the amendment.4
Are there5 any questions or comments on behalf of6 the members?7 (No response.)8
Okay.9 Thank you very much.10 The Chair recognizes Councilman11 Goode to move the -- I'm sorry. Forgive12 me. The Chair recognizes Councilwoman13 Brown to move the amendments on Bill14 080474.15
Madam16 Chair Lady, I move that Bill No. 08047417 be amended.18 (Duly seconded.)19
It has20 been moved and seconded that Bill 08047421 be amended as presented.22 All in favor will say aye.23 (Aye.)24
Is there25 310 3/1/11 - PUBLIC HEALTH - BILL 0804741 any opposition?2 (No response.)3
There4 being none, the amendments are accepted.5 The Chair recognizes6 Councilwoman Brown to move Bill 080474,7 as amended, out of Committee.8
Madam9 Chairwoman, I move that Bill No. 08047410 be reported out of Committee with a11 favorable recommendation -- as amended,12 be reported out of Committee with a13 favorable recommendation.14 (Duly seconded.)15
It has16 been moved and properly seconded that17 Bill 080474, as amended, will be reported18 out of this Committee with a favorable19 recommendation.20
No23 suspension of the rules. This bill will24 stay on the Calendar once reported out of25 311 3/1/11 - PUBLIC HEALTH - BILL 0804741 Committee. It goes on City Council's --2 oh, all in favor?3 (Aye.)4
The motion5 is carried.6 Now we get to the next step.7 This bill will be on the Calendar.8 Issues and concerns can be raised with9 the sponsors. There is always10 opportunity for additional amendments11 from the floor, and that process will12 take place with the sponsors of this13 bill.14 We thank you for being here15 today. We thank you for your testimony,16 and we thank our panel for being here all17 day long.18 This meeting is adjourned.19 (Standing ovation.)20 (Committee on Public Health and21 Human Services adjourned at 3:10 p.m.)22 - - -23 24 25 312 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on March 1, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25