Senator gains sway on bill

By JUDE SEYMOUR
TIMES STAFF WRITER
FRIDAY, JANUARY 22, 2010
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The Farmworkers Fair Labor Practices Act was rerouted Thursday to the Senate Agriculture Committee, a surprise reversal that gave state Sen. Darrel J. Aubertine oversight over a bill he has said "harms farmer and farmworker alike."

The bill's aim is to provide overtime pay, rest days, collective bargaining and unemployment benefits to farm laborers. Opponents, including the New York Farm Bureau, have argued that those regulations would force farmers to cut jobs, limit employees' hours or close their farms.

Mr. Aubertine had asked Labor Committee Chairman George D. Onorato, D-Queens, to send the bill next to the Agriculture Committee, which the Cape Vincent Democrat chairs. But Mr. Onorato denied that request Wednesday, saying Agriculture did not have jurisdiction over the bill because it did not amend state Agriculture and Markets law. The bill then was sent to the Codes Committee.

Mr. Aubertine's request letter was co-signed by seven Agriculture Committee members.

The same letter was sent to Senate temporary President Malcolm A. Smith, D-Queens. On Thursday, the Senate leadership reversed Mr. Onorato's decision and sent the bill to Mr. Aubertine's committee.

"Leadership recognized the validity of the dual-reference request," said Andrew G. Mangione, Mr. Aubertine's spokes-man.

Mr. Aubertine has been vocal about his opposition to the bill.

"There's nothing positive in these bills for farmworkers, consumers or anybody else," he said Tuesday.

Despite Mr. Aubertine's position, Mr. Mangione said, Agriculture Committee members "will give the bill a good-faith review ... in fairness to all parties."

Peter Gregg, a spokesman for New York Farm Bureau, applauded the bill's redirection.

"We're certainly glad that it's going to fall under Senator Aubertine's chairmanship," he said. "Senator Aubertine is a dairy farmer himself and understands better than anyone in the Senate the impact the bill is going to have in our industry."

Jordan Wells, a coordinator of Justice for Farmworkers, a statewide coalition of churches, labor and students fighting for the bill, declined comment when asked about the potential challenges his group now faces.

Chairmen hold considerable power over bills that come to their committees because they set the agenda on what legislation will be discussed. A bill can be discharged from a committee so it can come to the floor for a vote, but the Senate's rules make it an arduous process.

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