Regular Session - July 21, 2004

    

 
                                                        5347



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               July 21, 2004

                                12:50 p.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        5348



                           P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 please come to order.

                            I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            THE PRESIDENT:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence, please.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, July 20, the Senate met pursuant to

                 adjournment.  The Journal of Monday, July 19,

                 was read and approved.  On motion, Senate

                 adjourned.

                            THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.



                                                        5349



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            THE PRESIDENT:    There will be an

                 immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            SENATOR SKELOS:    And if we could

                 stand at ease pending the return of the report

                 of the Rules Committee.

                            THE PRESIDENT:    The Senate stands

                 at ease.

                            (Whereupon, the Senate stood at

                 ease at 12:53 p.m.)

                            (Whereupon, the Senate reconvened

                 at 1:06 p.m.)

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,



                                                        5350



                 if we could return to reports of standing

                 committees, I believe there's a report of the

                 Rules Committee at the desk.  I ask that it be

                 read at this time.

                            THE PRESIDENT:    Reports of

                 standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Assembly Print 4274B, by Member of

                 the Assembly Gottfried, an act to amend the

                 Public Health Law;

                            4421B, by Member of the Assembly

                 Gottfried, an act to amend the Public

                 Buildings Law;

                            11054, by the Assembly Committee on

                 Rules, an act to amend the Labor Law;

                            Senate Print 2228A, by Senator

                 Trunzo, an act to amend the Retirement and

                 Social Security Law;

                            6000, by Senator Seward, an act to

                 amend the Insurance Law;

                            6407A, by Senator Oppenheimer, an

                 act authorizing the City of New Rochelle;



                                                        5351



                            7572, by Senator Parker, an act to

                 authorize the Congregation;

                            7675, by Senator Padavan, an act to

                 amend a chapter of the Laws of 2004;

                            7676, by Senator Skelos, an act to

                 amend the Public Health Law;

                            7682A, by Senator Mendez, an act to

                 amend the Labor Law;

                            7685, by Senator Balboni, an act to

                 amend the Criminal Procedure Law;

                            And Senate Print 7686, by Senator

                 Nozzolio, an act to amend the Executive Law.

                            All bills ordered direct to third

                 reading.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Move to accept

                 the report of the Rules Committee.

                            THE PRESIDENT:    All in favor of

                 accepting the report of the Rules Committee

                 please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The report is

                 accepted.



                                                        5352



                            Senator Skelos.

                            SENATOR SKELOS:    If we could take

                 up the Rules report, noncontroversial.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 123, by Member of the Assembly Gottfried,

                 Assembly Print Number 4421B, an act to amend

                 the Public Buildings Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect April 1, 2005.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.  Nays,

                 2.  Senators Meier and Saland recorded in the

                 negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1096, by the Assembly Committee on Rules,

                 Assembly Print Number 11054, an act to amend

                 the Labor Law.

                            THE PRESIDENT:    Read the last



                                                        5353



                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1193, by Member of the Assembly Gottfried,

                 Assembly Print Number 4274B, an act to amend

                 the Public Health Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the 60th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1799, Senator Parker moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11554 and substitute it



                                                        5354



                 for the identical Senate Bill Number 7572,

                 Third Reading Calendar 1799.

                            THE PRESIDENT:    Substitution

                 ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1799, by the Assembly Committee on Rules,

                 Assembly Print Number 11554, an act to

                 authorize the Congregation Beis Meir, Inc.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1890, Senator Trunzo moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 4487A and substitute it

                 for the identical Senate Bill Number 2228,

                 Third Reading Calendar 1890.



                                                        5355



                            THE PRESIDENT:    Substitution

                 ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1890, by Member of the Assembly Abbate,

                 Assembly Print Number 4487A, an act to amend

                 the Retirement and Social Security Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1891, Senator Seward moves to

                 discharge, from the Committee on Insurance,

                 Assembly Bill Number 9411 and substitute it

                 for the identical Senate Bill Number 6000,

                 Third Reading Calendar 1891.

                            THE PRESIDENT:    Substitution

                 ordered.

                            The Secretary will read.



                                                        5356



                            THE SECRETARY:    Calendar Number

                 1891, by Member of the Assembly Silver,

                 Assembly Print Number 9411, an act to amend

                 the Insurance Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1892, Senator Oppenheimer

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 9879 and

                 substitute it for the identical Senate Bill

                 Number 6407A, Third Reading Calendar 1892.

                            THE PRESIDENT:    Substitution

                 ordered.

                            The Secretary will read.

                            SENATOR SKELOS:    Calendar Number

                 1892, by Member of the Assembly Tocci,

                 Assembly Print Number 9879, an act authorizing



                                                        5357



                 the City of New Rochelle to accept an

                 application.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1893, by Senator Padavan, Senate Print 7675,

                 an act to amend a chapter of the Laws of 2004

                 amending the Public Health Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.



                                                        5358



                            THE SECRETARY:    Calendar Number

                 1894, by Senator Skelos, Senate Print 7676, an

                 act to amend the Public Health Law, in

                 relation to authorizing the Commissioner of

                 Health.

                            THE PRESIDENT:    Read the last

                 section.

                            SENATOR SKELOS:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR SKELOS:    Madam President,

                 we'll stand at ease temporarily.  We're

                 waiting for messages from the Governor.

                            THE PRESIDENT:    The Senate stands

                 at ease.

                            (Whereupon, the Senate stood at

                 ease at 1:14 p.m.)

                            (Whereupon, the Senate reconvened

                 at 1:40 p.m.)



                                                        5359



                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could return to the Rules calendar and

                 take up Calendar Number 1896, by Senator

                 Nozzolio.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 1896, by Senator Nozzolio, Senate Print 7686,

                 an act to amend the Executive Law, in relation

                 to the state DNA identification index.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there a message of necessity at the desk?

                            THE PRESIDENT:    Yes, there is,

                 Senator.

                            SENATOR SKELOS:    Move to accept.

                            THE PRESIDENT:    All in favor of

                 accepting the message of necessity please

                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The message of

                 necessity is accepted.



                                                        5360



                            Read the last section.

                            SENATOR SKELOS:    Section 3.  This

                 act shall take effect on the same date and in

                 the same manner as a chapter of the Laws of

                 2004.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there is a bill before us, shortly, by Senator

                 Balboni.  And if you could call up Calendar

                 Number 1889 at this time.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 1889, by Senator Balboni, Senate Print 7685,

                 an act to amend the Criminal Procedure Law, in

                 relation to lifelong prosecution for

                 terrorism.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there a message of necessity at the desk?



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                            THE PRESIDENT:    Yes, there is,

                 Senator.

                            SENATOR SKELOS:    Move to accept.

                            THE PRESIDENT:    All in favor of

                 accepting the message of necessity please

                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (Response of "Nay.")

                            THE PRESIDENT:    The message of

                 necessity is accepted.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 I think a number of us would like to have an

                 explanation of the bill.

                            THE PRESIDENT:    Senator Balboni.

                            SENATOR SCHNEIDERMAN:    Brief.

                 Brief.

                            SENATOR BALBONI:    Madam

                 President, in a year in Albany when we have

                 found it difficult to agree on many things,

                 this bill before us is the culmination of

                 several years of negotiations.  And there are

                 many things, many aspects in this bill that

                 are the first of its kind in the country and



                                                        5362



                 reflects the input of so many members, not

                 only in this chamber, but also in the State

                 Assembly.

                            But as much as it is a good thing

                 to have come together, particularly in light

                 of the coming convention, it is also kind of

                 startling to consider that it is a beautiful

                 July day and here we are once again having to

                 consider probably the most horrible things

                 that we as a society or a civilization could

                 contemplate.

                            This bill does ten things.  It

                 creates a statute of limitations for the crime

                 of terrorism of eight years, unless someone

                 killed during the act, in which case there is

                 no statute of limitations.  We will hunt down

                 whoever did the act forever.

                            A second piece is that it creates,

                 for the first time in state law, the crimes of

                 possession and use of a weapon of mass

                 destruction -- specifically, chemical,

                 biological, and radiological.

                            It authorizes the Commissioner of

                 the Department of Health to create a list of

                 select agents of both biological and chemical



                                                        5363



                 weapons and defines, for the first time in

                 state law, a weapon of mass destruction, in

                 that not only is it a select agent, but it

                 must be with the ability to disperse it and

                 disseminate it.

                            The bill creates the crime of money

                 laundering for terrorism, which more and more,

                 if you take a look through the literature,

                 through the newspaper accounts, is becoming a

                 huge problem; that is, how to fund terrorism.

                            With the overthrow of the Taliban

                 regime in Afghanistan, much of the financial

                 support has been taken away from groups such

                 as Al Qaeda.  But they still continue to

                 receive funds.  The threshold for the

                 first-degree crime of money laundering for

                 terrorism is $75,000.

                            There is now a requirement that

                 every convicted terrorist's DNA be placed into

                 the DNA database.

                            The bill does something that I have

                 called for for the last several years.  It

                 takes the Governor's executive order, which

                 created the Office of Public Security, and

                 places it into statute, and changes the name.



                                                        5364



                 No longer will it be known as the Office of

                 Public Security; it will now be known as the

                 Office of Homeland Security.

                            I spoke at the Office of Public

                 Security retreat last night in Saratoga, and I

                 will tell you that fifty dedicated

                 professionals really wanted this because they

                 were just tired of having to explain, yes,

                 we're the state arm of the Homeland Security.

                            But it does much more than that.

                 For the first time in state law, this bill

                 sets up a briefing requirement for sensitive

                 information to the Legislature, adopting

                 sensitive protocols for the transmission and

                 discussion of confidential information.  We've

                 never done this before.

                            It expands the ability to train

                 firefighters and first-responders on how to

                 deal with a weapon of mass destruction.  The

                 first time we've done this in law.  And the

                 state fire administrator will be the one

                 responsible for that.  This recommendation

                 came out of a hearing that the Assembly held

                 on this bill.

                            It also does something that I was



                                                        5365



                 talking with Director McMahon last night

                 about:  it creates for the first time an

                 ability to review, inspect and then secure

                 chemical plants.

                            In this state, in this Legislature

                 we have created a bill for water security,

                 water plant security, electrical or energy

                 transmission and generation facility security.

                 And now the last leg of that stool for

                 security is chemical plants.

                            And we've learned many things from

                 the bill that Senator Padavan passed and

                 Senator Wright put together on the electrical

                 facilities.  This is a critical component for

                 this state.

                            The bill also creates, for the

                 first time, puts into law Senator Mary Lou

                 Rath's effort to make the placement of a

                 substance that is not anthrax but is purported

                 to be anthrax a crime.

                            It also creates a statewide

                 wireless network advisory board.  This has

                 come out of the concern that was generated

                 when M/A-COM received the bid for the

                 development of the statewide wireless network.



                                                        5366



                 This will now integrate the Legislature with

                 that entire process.

                            One little fact, I attended a

                 meeting on it yesterday, and 60 percent of the

                 state is currently covered by cellular

                 service.  Only 60 percent.  After the lessons

                 learned in 9/11, that's just unacceptable.

                            And then, lastly, it does something

                 that Jim Kallstrom spoke about the first time

                 I ever met him, in the days following

                 September 11th when he came and he briefed the

                 Legislature.  He spoke about the possibility

                 of terrorists using a small plane as a

                 delivery vehicle into a major metropolitan

                 hub.  And as you know, small planes can travel

                 150 miles.  And yet when he did a review of

                 all the different rural airports, he found

                 absolutely no security whatsoever.

                            And in fact, this scenario was the

                 basis of a television program, one of the most

                 frightening I've seen, on the show "CSI."  Or

                 I think it was "24."

                            That's what's in the bill.

                            What's not in the bill?  The issue

                 of roving wiretaps, which was very



                                                        5367



                 controversial.  The issue of the .50-caliber

                 sniper weapons, that's not in here.  The

                 requirement that money laundering be at a

                 $500,000 level, that's been taken out.

                            Ladies and gentlemen, I think this

                 is a very, very positive step.  And in a time

                 when we are continually hearing about threats

                 overseas directed towards this country,

                 particularly in the upcoming political season,

                 I think this is a very crucial step, a

                 three-way agreement that will in fact make

                 New Yorkers safer.

                            Thank you, Madam President.

                            THE PRESIDENT:    Senator Volker.

                            SENATOR VOLKER:    Madam President,

                 very quickly.

                            I just want to congratulate Senator

                 Balboni on this bill and say that I've been

                 here a few years, probably more years than I

                 should.  And by the way, there's another bill

                 on this agenda that -- Senator Nozzolio's

                 bill, that amends the DNA bill that was passed

                 here earlier.

                            These bills, by the way, are all

                 agreed on.  And in fact, this is an unusual



                                                        5368



                 bill, Senator Balboni's bill.  If you look at

                 it, it has a Republican governor and a

                 Democratic attorney general as the people

                 requesting this bill.  Plus both houses have

                 agreed on it.

                            And the reason I say this is, you

                 know, there's a lot of talk about that we

                 can't come to any agreement on anything.  I

                 must tell you, in my humble opinion, the bill

                 that we passed here, what was it, three weeks

                 ago, the DNA bill, and this bill right here

                 are the most important criminal justice bills

                 passed this decade.

                            And, you know, there may be others

                 in the future.  But as of right now, these are

                 the two most important criminal justice bills,

                 if you look at how much they enhance and how

                 much they deal with.  It shows you what our

                 state can do when we're faced with very, very

                 serious problems.

                            The DNA bill, I have to be

                 perfectly honest with you, I thought that

                 would take two or three more years.  Not in

                 this house; I was talking about the other

                 house.



                                                        5369



                            And this bill, this bill makes

                 common sense.  But sometimes it's difficult,

                 in our age, because common-sense reporting

                 sometimes is hard to do.  In fact, people are

                 paying little attention to this bill here.

                 Really.  I mean, the outside media.  But this

                 bill is huge.  And it represents not only for

                 this state, for the country -- because we are

                 the linchpin in criminal justice for the

                 entire country.

                            And my congratulations to the

                 Governor, obviously; the Attorney General; and

                 to Senator Balboni, who I can tell you has

                 done just yeoman work in the area of homeland

                 security and deserves an immense amount of

                 accolades for the time and the effort he's put

                 into it.

                            (Scattered applause.)

                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?

                            The Secretary will read the

                 substitution.

                            THE SECRETARY:    In relation to

                 Calendar Number 1889, Senator Balboni moves to

                 discharge, from the Committee on Rules,



                                                        5370



                 Assembly Bill Number 11723A and substitute it

                 for the identical Senate Bill Number 7685,

                 Third Reading Calendar 1889.

                            THE PRESIDENT:    Substitution

                 ordered.

                            Read the last section.

                            THE SECRETARY:    Section 19.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.  Nays,

                 1.  Senator Duane recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could stand at ease temporarily.

                            THE PRESIDENT:    The Senate stands

                 at ease.

                            (Whereupon, the Senate stood at

                 ease at 1:53 p.m.)

                            (Whereupon, the Senate reconvened

                 at 1:59 p.m.)

                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Madam President,



                                                        5371



                 can we at this time call up Calendar Number

                 1886.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1886, Senator Mendez moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11760A and substitute it

                 for the identical Senate Bill Number 7682A,

                 Third Reading Calendar 1886.

                            THE PRESIDENT:    Substitution

                 ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1886, by the Assembly Committee on Rules,

                 Assembly Print Number 11760A, an act to amend

                 the Labor Law.

                            SENATOR BRUNO:    Is there a

                 message of necessity from the Governor?

                            THE PRESIDENT:    Yes, there is,

                 Senator Bruno.

                            SENATOR BRUNO:    Then I would move

                 that we accept the message.

                            THE PRESIDENT:    All in favor of

                 accepting the message of necessity please



                                                        5372



                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The message of

                 necessity is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE PRESIDENT:    Senator Bruno, to

                 explain your vote.

                            SENATOR BRUNO:    Thank you, Madam

                 President, and to explain my vote.  And I

                 won't be long.

                            It's been four years since we voted

                 to raise the minimum wage here in this state.

                 And I think that it is appropriate that we be

                 supportive of this legislation.  And as we all

                 know, in the bill it moves the minimum wage

                 from $5.15 to $6.00 January of '05, to $6.75

                 in January of '06, to $7.15 in January of '07.

                            We hope that the federal government

                 will act.  And they really have about --



                                                        5373



                 almost a year and a half to act.  So we're

                 petitioning the federal government in every

                 way, and our representatives, that they do

                 something to address what should be addressed

                 across the entire United States, and not state

                 by state, putting some states at a competitive

                 disadvantage and others at an advantage.

                            So we're hoping by doing this we

                 help the federal government and all the people

                 that are elected to represent us focus on

                 getting this done.

                            The rest of the bill moves the

                 wages from tips up, in the same percentage

                 exactly as the minimum wage.

                            People out there who earn the

                 minimum wage deserve a raise.  You can't

                 support a family, they can't support

                 themselves.  All of us have always supported

                 this.  We've just been waiting for the federal

                 government.  It's apparent now that they're

                 not acting.  We hope they will; they still

                 have time.  But if they don't, we're going to

                 move the minimum wage and get it done on

                 behalf of the people who truly need it here in

                 this state.



                                                        5374



                            Thank you, Madam President.

                            THE PRESIDENT:    Senator Diaz, to

                 explain your vote.

                            SENATOR DIAZ:    Thank you, Madam

                 President.

                            Since 1960, the minimum wage in the

                 State of New York has not remained at the rate

                 of inflation.  On the other hand, we all know

                 that residents of New York City, especially

                 the residents of the 32nd Senatorial District,

                 which I represent, has been facing increases

                 in taxes, increases in real property taxes,

                 increases in public transportation -- fare

                 increases, subway, buses, even taxis.  They

                 have been faced with increases in gasoline

                 prices, increases in parking tickets.

                            Some of the increases, milk prices.

                 Parents cannot make effort to buy -- they have

                 to make efforts to buy milk for their

                 children.  Senior daily food contribution has

                 been increased to one dollar.  Rent has been

                 increased.  Telephone bills, cable TV, even

                 chewing gum has been increased to the

                 residents of the people of New York.

                            For this reason, many families are



                                                        5375



                 obligated to live check to check and work long

                 hours to support themselves and afford an

                 increase in prices.  A full-time worker

                 earning minimum wage in the state of New York

                 earns $10,712 a year, well below the federal

                 poverty line.  That individual has to support

                 another person.

                            In the state of New York,

                 70 percent of employees that earn the minimum

                 wage are adults.  Twelve states in the U.S.

                 pay a higher minimum wage than New York.  The

                 minimum salary is now $5.15 an hour.  And with

                 this increase, it will be, in a few years, to

                 $7.10.  This increase will benefit

                 approximately 700 [sic] people.

                            I praise this effort, and I thank

                 you, Senator Mendez, for introducing this

                 bill.  And I am supporting this bill, and I'm

                 proud to vote yes.  And I hope that the

                 residents of my district will appreciate the

                 effort that we are making here.  And again,

                 Senator Mendez, thank you for introducing this

                 bill.

                            THE PRESIDENT:    Senator Bruno and

                 Senator Diaz will both be recorded as voting



                                                        5376



                 in the affirmative on this bill.

                            Senator Leibell.

                            SENATOR LEIBELL:    Thank you,

                 Madam President.

                            First, I'd like to compliment

                 Senator Bruno and Senator Mendez for the work

                 they have done on this.  And I know there have

                 been discussions over quite a period of time

                 now, some months, over this issue on minimum

                 wage.  I think this will be one of the more

                 important pieces of legislation that we will

                 enact this year.

                            And as the Majority Leader noted,

                 as we wait for the federal government to catch

                 up with us, it's important that we acknowledge

                 that there are those people in our society for

                 whom this will be a tremendous benefit.

                            So I'm very pleased to be a

                 supporter of this legislation.  I think it

                 will go a long way towards helping those who

                 need the most help.  Thank you.

                            THE PRESIDENT:    Senator Morahan.

                            SENATOR MORAHAN:    Thank you,

                 Madam President.

                            I too rise in support of this bill.



                                                        5377



                 And I want to congratulate Senator Bruno and

                 the conference for acting on this matter at

                 this time.

                            We have heard all the dire

                 predictions before, every time this minimum

                 wage has been raised.  It really has had

                 minimal, if any, impact on business in

                 New York.

                            This bill is carefully crafted to

                 take the minimum wage up over a period of

                 years, and I think the final impact will be

                 around the end of 2006.  So it seems to me

                 that this is a bill that's long overdue.

                            And I recognize Senator Bruno's

                 concern about the federal government moving

                 the bill -- or moving the wages if the federal

                 people acted.  Taking that concept really

                 implies that the cost of living and the cost

                 of getting along is the same from New York to

                 California, and we know that's not all true.

                            So I have no problem, considering

                 that other neighboring states here in the

                 Northeast region have already raised their

                 minimums, that we do this today.  And I

                 proudly support the bill.



                                                        5378



                            Thank you.

                            THE PRESIDENT:    Senator Morahan

                 and Senator Leibell, you will both be recorded

                 as voting in the affirmative on this bill.

                            Senator Mendez, to explain your

                 vote.

                            SENATOR MENDEZ:    Madam President,

                 first I want to thank Senator Bruno and the

                 majority of the members of the Republican

                 conference for their extraordinary cooperation

                 in trying to resolve this issue.

                            I am positively convinced that each

                 one of us here in this room today understands

                 very clearly that this is an issue of social

                 justice.  We, the Empire State of the country,

                 all our surrounding states, they have had a

                 higher minimum wage to benefit the workers.

                            And I think that today, in taking

                 this action, all of us in this Senate and all

                 the legislators in the Assembly as well, we

                 are redeeming ourselves for not having been

                 able to accomplish more during this session.

                            So I am very happy also for all

                 those workers that they work very, very hard

                 every day.  They will be working with a better



                                                        5379



                 pay, nothing -- they will not become

                 millionaires, but their lives will be eased

                 economically.  They will have more food on the

                 table for their children.  And that will

                 make -- having more money to spend will

                 improve economic activity in the neighborhood.

                            So as far as I'm concerned, thank

                 you.  And I think that this is a glorious,

                 glorious day in New York State.

                            THE PRESIDENT:    Senator Mendez,

                 you will be recorded as voting in the

                 affirmative on this bill.

                            Senator Spano.

                            SENATOR SPANO:    Thank you, Madam

                 President.  To explain my vote.

                            Several months ago I had an

                 opportunity to meet with several hundred

                 people in Westchester County who lobbied very

                 effectively for an increase in the minimum

                 wage.  There is a coalition of people across

                 the state, particularly in the metropolitan

                 area, who did a very effective job in reaching

                 out to members of this Legislature, pointing

                 out that we need to treat every working man

                 and woman in this state with dignity.  And



                                                        5380



                 that's what this bill does.

                            The federal government should act.

                 We should not wait for the federal government

                 to act.  They should take a page out of our

                 books and show that we have the leadership

                 here that we have shown in recent years,

                 whether it be treating migrant farmworkers

                 with dignity or increasing the minimum wage.

                            And the fact that Senator Bruno has

                 put this bill out on the floor today sends a

                 very strong message to every working man and

                 woman in this state that we respect the job

                 that you continue to do.  And to those very

                 effective groups that did such a great job in

                 lobbying, I say thank you.

                            I vote in the affirmative.

                            THE PRESIDENT:    Senator Spano,

                 you will be so recorded as voting in the

                 affirmative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1886 are

                 Senators Little, Maltese, McGee, Meier,

                 Nozzolio, Saland, and Seward.  Ayes, 51.



                                                        5381



                 Nays, 7.

                            THE PRESIDENT:    The bill is

                 passed.

                            (Applause from gallery.)

                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 is there any housekeeping left at the desk?

                            THE PRESIDENT:    No, there isn't,

                 Senator.

                            SENATOR BRUNO:    Could we then at

                 this time recognize Senator Ada Smith for an

                 announcement.

                            No?  Madam President, let's not

                 recognize Senator Smith at this moment,

                 okay --

                            (Laughter.)

                            SENATOR BRUNO:    -- other than to

                 recognize her accomplishments here in the

                 Senate generally.

                            (Laughter.)

                            THE PRESIDENT:    So ordered.

                            SENATOR BRUNO:    Madam President,

                 there being no further business to come before

                 the Senate, I would move that we stand

                 adjourned until tomorrow at 10:00 a.m., and



                                                        5382



                 recognize the fact that tomorrow we will also

                 be convening an extraordinary session as

                 called by the Governor.

                            THE PRESIDENT:    On motion, the

                 Senate now stands adjourned until tomorrow at

                 10:00 a.m., when it will meet in extraordinary

                 session at the call of the Governor.

                            (Whereupon, at 2:12 p.m., the

                 Senate adjourned.)