Regular Session - December 6, 2004

                                                            6179





                           NEW YORK STATE SENATE



                                    THE

                            STENOGRAPHIC RECORD



                             ALBANY, NEW YORK

                             December 6, 2004

                                 3:24 p.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary


















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                           P R O C E E D I N G S

                            ACTING PRESIDENT MEIER:    The

                 Senate will 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.)

                            ACTING PRESIDENT MEIER:    The

                 invocation today will be given by the Reverend

                 Peter G. Young.

                            Father Young.

                            REVEREND YOUNG:    As the snow

                 falls today, we can remember instances when we

                 needed a little mercy.  Maybe we needed an

                 extension on a project; maybe we needed a loan

                 or, as is often the case, we needed

                 forgiveness from someone who we had hurt.

                 Remember the sigh of relief when mercy was

                 granted and the grief and disappointment when

                 mercy was denied.

                            O, merciful God, You give the

                 New York State Senators what we need and

                 constantly guide them in their mission.  Grant

                 them and grant us that we will be generous in


                                                        6181



                 our mercy toward all of the New York State

                 citizens.  May we be known as senators of

                 mercy and forgiveness during this holiday

                 season.

                            May we communicate with all of our

                 constituents plainly and clearly, realizing

                 that they want to understand the legislative

                 process.  Guide our efforts to be honest and

                 noble with all of our citizens of the state,

                 with patience and persistence in our attempts

                 to understand one another.

                            We ask You this through God.  Amen.

                            ACTING PRESIDENT MEIER:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Sunday, December 5, the Senate met pursuant to

                 adjournment.  The Journal of Saturday,

                 December 4, was read and approved.  On motion,

                 Senate adjourned.

                            ACTING PRESIDENT MEIER:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.

                            Messages from the Governor.


                                                        6182



                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 at this time I'd like to move to adopt the

                 Resolution Calendar in its entirety.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of adopting the Resolution

                 Calendar in its entirety signify by saying

                 aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 Resolution Calendar is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    I think there's

                 a privileged resolution at the desk by Senator

                 Skelos.  I ask that the title be read and move

                 for its immediate adoption.

                            ACTING PRESIDENT MEIER:    The


                                                        6183



                 Secretary will read the privileged resolution.

                            THE SECRETARY:    By Senator

                 Skelos, Legislative Resolution commending

                 Father Joakim D. Valasiadis upon the occasion

                 of his retirement after many years of

                 distinguished service to the Cathedral of

                 St. Paul.

                            THE PRESIDENT:    All in favor of

                 the resolution please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Those opposed,

                 nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 at this time if we could have Resolution 6221,

                 by Senator Hoffmann, that was previously

                 adopted, read in its entirety.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Hoffmann, Legislative Resolution honoring

                 Beezie Madden, in recognition of capturing a


                                                        6184



                 silver medal in the Team Jumping competition

                 at the 2004 Athens Summer Olympic Games.

                            "WHEREAS, It is the sense of this

                 Legislative Body to extend its full

                 recognition in grateful tribute to the

                 athletes of New York State who have dedicated

                 their purpose to athletic achievement and

                 proudly represented their great state and

                 nation in Olympic competition; and

                            "WHEREAS, Attendant to such

                 concern, and in full accord with its

                 long-standing traditions, this Legislative

                 Body is justly proud to honor Beezie Madden in

                 recognition of capturing a silver medal in the

                 Team Jumping competition at the 2004 Athens

                 Summer Olympic Games; and

                            "WHEREAS, A resident of Cazenovia,

                 New York, Beezie Madden rode Authentic to a

                 flawless finish in the Team Jumping

                 competition, earning the American team the

                 honor of the silver medal at the 2004 Summer

                 Olympic Games.  In addition, as the top rider

                 in the Team Jumping competition, she earned a

                 prestigious spot in the individual jumping

                 finals; and


                                                        6185



                            "WHEREAS, With her throughout has

                 been her husband, John, who feels privileged

                 to be a part of her life and rejoices in her

                 achievements; and

                            "WHEREAS, Many will only dream of

                 competing in the Summer Olympic Games, Beezie

                 Madden, through her hard work and tenacious

                 spirit, has made that vision a reality and has

                 proudly represented her country in competition

                 among the world's finest athletes; and

                            "WHEREAS, This Legislative Body is

                 proudly moved to honor Beezie Madden, a woman

                 of great skill, personal courage, and

                 unparalleled dedication, whose character and

                 athletic achievements are world renowned and

                 personify the highest ideals of the American

                 spirit and Olympic competition; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to honor

                 Beezie Madden in recognition of capturing a

                 silver medal in the Team Jumping competition

                 at the 2004 Athens Summer Olympic games,

                 extending its heartfelt congratulations on her

                 achievements in the Equestrian events, and


                                                        6186



                 wishing her continued success in all of her

                 future endeavors; and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to Beezie Madden."

                            THE PRESIDENT:    Senator Hoffmann.

                            SENATOR HOFFMANN:    Thank you,

                 Madam President.

                            It is a thrill and a great personal

                 privilege for me to be able to join my

                 colleagues in honoring Beezie Madden and her

                 husband, John Madden, today in the Senate

                 chamber.  This is, for me, certainly one of

                 the great triumphs of my previous legislative

                 resolutions, to be able to honor a true

                 Olympian, especially at a time when the medal

                 that we are talking about may not be silver

                 but it may in fact be gold.

                            For those of you who have not been

                 following the news on recent Olympic

                 activities, let me just bring you up-to-date,

                 because there is a very important new

                 development.  Germany, the team which finished

                 first, has had its primary horse in the

                 competition tested positive for a banned


                                                        6187



                 substance.  And the Olympic Committee is now

                 in the process of determining whether the gold

                 that was previously awarded to the German team

                 should come to the United States team, which

                 was anchored by our own Beezie Madden.

                            The first hurdle, if you will, of

                 that process has been reached; they've already

                 withdrawn the gold from Germany and now they

                 are deliberating on what we expect very

                 shortly to be the determination to award the

                 highest award, the gold Olympic medal, to

                 Beezie Madden and the U.S. team.

                            Beezie's role in the sport horse

                 jumping event was the most significant of all

                 of the other riders.  She was the anchor of

                 the team.  For any of you who remember the

                 second-grade potato races, when you had to be

                 the person who would make up the time for

                 everybody else, understand the kind of

                 pressure that was on Beezie to do the very

                 best to bring the United States to the top of

                 the pile.

                            The other thing that I would just

                 like to share with you, having seen the

                 activity of sport horse jumping, you should be


                                                        6188



                 aware of the fact that the horses are leaping

                 over obstacles called faults.  They go through

                 water faults, they go through other barriers.

                 And they are leaping in the air at a distance

                 that is slightly higher than I am standing, in

                 some cases:  a 6-foot bar.

                            Imagine yourself on top of a horse

                 riding and leaping into the air some distance

                 above the height that I or perhaps Senator

                 Maltese would be standing.  It takes, as we

                 like to say about all Olympians, a lot of

                 guts, a lot of incredible talent, and a very

                 remarkable horse.

                            And in the state of New York, where

                 the equestrian sports are growing by leaps and

                 bounds, we're privileged to have John and

                 Beezie living right in the heart of the state,

                 in Madison County.

                            And they are not only outstanding

                 examples of the equestrian success in

                 individual and team sport horse jumping, but

                 they also train other people.  And they

                 inspire others by breeding horses and by

                 training them and by welcoming other people to

                 this wonderful, wonderful activity.


                                                        6189



                            So we are thrilled today to have

                 John and Beezie with us.  I know that they

                 will be happy to meet everybody in the Senate.

                 And I thank them for their perseverance in all

                 that they have done to train and to reach this

                 great triumph, and congratulate them on the

                 silver and I am confident soon to be a gold

                 Olympic medal.

                            Bravo.  Well done, Beezie.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 resolution was previously adopted on

                 November 18th.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Finance Committee in the Majority -- the room

                 is not ready yet.

                            There won't be an immediate meeting

                 of the Finance Committee, but shortly there

                 will be a meeting of the Finance Committee in

                 the Majority Conference Room, if we can just

                 stand at ease.

                            ACTING PRESIDENT MEIER:    I won't

                 even try to repeat that.


                                                        6190



                            (Whereupon, the Senate stood at

                 ease at 3:38 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Thank you, Mr.

                 President.

                            There will be an immediate meeting

                 of the Finance Committee in the Majority

                 Conference Room, Room 332.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Finance Committee in

                 the Majority Conference Room.

                            (Whereupon, the Senate reconvened

                 at 3:57 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we can return to reports of standing

                 committees, I believe there's a report of the

                 Finance Committee at the desk.  I ask that it

                 be read.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Johnson,


                                                        6191



                 from the Committee on Finance, reports the

                 following nominations:

                            As a member of the Adirondack Park

                 Agency, Leilani Crafts Ulrich, of Old Forge.

                            As a member of the New York State

                 Energy Research and Development Authority,

                 Parker D. Mathusa, of Delmar.

                            As members of the Niagara Frontier

                 Transportation Authority, Carmen A. Granto, of

                 Niagara Falls; William N. Hudson, Jr., of

                 Williamsville; and Luiz F. Kahl, of

                 Williamsville.

                            As a member of the

                 Rochester-Genesee Regional Transportation

                 Authority, John G. Doyle, Jr., of Rochester.

                            As members of the Small Business

                 Advisory Board, Frank P. Naudus, of Lido

                 Beach, and Steven J. Sunshine, of

                 Williamsville.

                            As public members of the State

                 Banking Board, Wesley Chen, of Briarcliff

                 Manor, and David A. Javdan, Esquire, of

                 Goshen.

                            As a member of the State Board of

                 Historic Preservation, John G. Waite, of Troy.


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                            As a member of the Long Island

                 State Park, Recreation and Historic

                 Preservation Commission, Desmond M. Ryan, of

                 St. James.

                            As a member of the Republic Airport

                 Commission, Frank A. Nocerino, of North

                 Massapequa.

                            As a member of the Seward Airport

                 Commission, Thomas R. Rowe, of Tilson.

                            As members of the Medical Advisory

                 Committee, Tamton Mustapha, of Valatie, and

                 Dennis P. Norfleet, M.D., of Oswego.

                            As a member of the Board of

                 Directors of the Roosevelt Island Operating

                 Corporation, Alberteen Anderson, of New York

                 City, and Michael Shinozaki, of Roosevelt

                 Island.

                            As a member of the Advisory Council

                 on Agriculture, Suzanne G. West, of Varysburg.

                            As a member of the Advisory Council

                 on Alcoholism and Substance Abuse Services,

                 Karl J. Kabza, of Saranac Lake.

                            As a member of the Public Health

                 Council, Jose A. Goris, M.D., of New York

                 City.


                                                        6193



                            As a member of the State Council on

                 the Arts, Donald A. Capoccia, of New York

                 City.

                            As a member of the Board of

                 Visitors of the Metro New York Developmental

                 Disabilities Services Office, Adam D. Burgoon,

                 of New York City.

                            As a member of the Board of

                 Visitors of the New York State Home for

                 Veterans and Their Dependents at Montrose,

                 Daniel Griffin, of White Plains.

                            As a member of the Board of

                 Visitors of the Rockland Psychiatric Center,

                 Ruth A. Vezzetti, of Tappan.

                            As a member of the Board of

                 Visitors of the Sagamore Children's

                 Psychiatric Center, Grace E. Clench, of

                 Brentwood.

                            As a member of the Board of

                 Visitors of the Staten Island Developmental

                 Disabilities Services Office, Polly Panzella,

                 of Staten Island.

                            And as a member of the Board of

                 Visitors of the Sunmount Developmental

                 Disabilities Services Office, Wayne P. Rogers,


                                                        6194



                 of Malone.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson.

                            SENATOR JOHNSON:    Move the

                 nominations.

                            ACTING PRESIDENT MEIER:    The

                 question is on the confirmation of the

                 nominees.  All those in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominees are confirmed.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    As a member of

                 the Board of Trustees of the State University

                 of New York, Christopher Parker Conners, of

                 Niskayuna.

                            SENATOR SKELOS:    Lay that aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 nomination aside temporarily.


                                                        6195



                            The Secretary will continue to

                 read.

                            THE SECRETARY:    As a member of

                 the Medical Advisory Committee, Augustus G.

                 Mantia, M.D., of Smithtown.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Thank you, Mr.

                 President.  Briefly on the nomination.

                            I know it's unusual -- we have a

                 lot of nonappearances today, but we do have an

                 appearance from Dr. Mantia, who's seated in

                 the balcony with my good friend and colleague

                 from Suffolk County, Assemblyman Mike

                 Fitzpatrick.

                            Dr. Mantia, Gus Mantia is a very

                 well recognized physician in the Smithtown

                 community, extremely well respected.  And as I

                 just mentioned to Mr. Casey, he's probably

                 best known for being the doctor of Assemblyman

                 Bob Wertz, another good friend of ours.

                            Very, very active in the community

                 in Suffolk County, and now a new member of the

                 Medical Advisory Committee.  And frankly I was

                 asking him some of the detailed work in that


                                                        6196



                 committee -- I know, Mr. President, it's a

                 subject that's very important to you.  They

                 deal with Medicaid issues as one of their

                 fundamental issues.

                            So he's going to be a great member

                 of that committee, 20 members on that

                 committee.  I look forward to working with him

                 to get his guidance as someone who's a

                 practitioner.  And I'm proud to stand before

                 you as his state senator and join Assemblyman

                 Fitzpatrick in congratulating him on his

                 appointment.

                            Thank you.

                            ACTING PRESIDENT MEIER:    The

                 question then is on the confirmation of

                 Augustus Mantia, M.D., as a member of the

                 Medical Advisory Committee.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is confirmed.

                            Dr. Mantia is with us today in the


                                                        6197



                 gallery.

                            And we congratulate you, sir, and

                 wish you well with your important duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time continue with the report

                 of the Finance Committee.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read the report of

                 the Finance Committee.

                            THE SECRETARY:    Senator Johnson,

                 from the Committee on Finance, offers up the

                 following nomination.

                            As a member of the Board of

                 Trustees of the State University of New York,

                 Christopher Parker Conners, of Niskayuna.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson.

                            SENATOR JOHNSON:    Move the

                 nomination, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Yes, Mr.


                                                        6198



                 President.  We have before us the nomination

                 for one of the trustees of the New York State

                 University system, Chris Conners.  And Chris

                 has been a good friend to all the people here

                 in the Capital Region -- he's here with his

                 wife, Kendall -- and has been in business for

                 most of his adult years, with British American

                 Realty, where they do nothing but great

                 things.  But he is very involved in the

                 community in so many beneficial, productive

                 and constructive ways.

                            And there isn't anything that is

                 more important that we all appreciate and

                 recognize than providing the proper higher

                 education through one of the greatest

                 university systems in all of the United

                 States.

                            So we're appreciative that Chris

                 would take the time, the energy and spend his

                 talents being helpful to all of the students,

                 all of the beneficiaries of this huge and

                 great educational, higher educational system

                 that we have here.

                            And I'm proud to be here moving

                 this nomination so that Chris, with the


                                                        6199



                 assistance of his family and all of his

                 colleagues, can help us continue the growth

                 and the prosperity that we link to this

                 university system, with consequences to all of

                 the people here in New York State.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Farley.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            I rise to support this nomination.

                 Not only is Chris Conners my constituent, but

                 he's my neighbor, lives just a short distance

                 from me.  And let me just say what a

                 remarkable family he comes from and the

                 success that British American has been in this

                 community.  He comes -- his father was a

                 renowned author and businessman, a remarkable

                 person, Bernie Conners.

                            Chris Conners is -- the thing I'd

                 like to say most about him is everything he's

                 done, he's done well.  He's been a success in

                 business.  And as somebody that has spent my

                 entire working life working, or most of it, at

                 the State University as a law professor, I


                                                        6200



                 have a great interest in this.

                            And I think it's -- I want to

                 applaud the Governor for sending forth Chris

                 Conners' name to have somebody of this caliber

                 who is willing to serve our state on the State

                 University Board of Trustees, particularly at

                 the high salary that they get, which is none.

                 And to be able to promote education in this

                 state, we're very, very fortunate to have him.

                            Chris, I'm very proud of you.  And

                 again, it's nice to see an Irishman making

                 good.

                            ACTING PRESIDENT MEIER:    The

                 question is on the confirmation of Christopher

                 Parker Conners as a member of the Board of

                 Trustees of the State University of New York.

                 All those in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is confirmed.

                            Mr. Conners is with us today in the

                 gallery.  And we congratulate him and wish him


                                                        6201



                 well with his important duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time return to messages from

                 the Assembly.

                            ACTING PRESIDENT MEIER:    Messages

                 from the Assembly.

                            SENATOR BRUNO:    Mr. President, is

                 there a message from the Assembly regarding

                 A11760A, previously passed by both houses,

                 vetoed, and overridden by the Assembly?

                            ACTING PRESIDENT MEIER:    Yes,

                 there is.

                            The chair hands down a message from

                 the Assembly.  The Secretary will read.

                            THE SECRETARY:    Assembly Bill

                 Number 1176OA, Veto Number 10, an act to amend

                 the Labor Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President, I

                 move to override the Governor's veto of

                 A11760A.


                                                        6202



                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the title of the bill.

                            THE SECRETARY:    Calendar Number

                 1886, by the Assembly Committee on Rules,

                 Assembly Print Number 11760A, an act to amend

                 the Labor Law.

                            ACTING PRESIDENT MEIER:    The bill

                 is before the house.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President and

                 colleagues, we all know the bill that's before

                 us here that we're acting on raises the

                 minimum wage here in New York State.  I

                 believe the last time that it had been raised

                 was in '97.  And it's at $5.15.

                            We were hoping that the federal

                 government would take action so that it would

                 uniformly apply to all the states, so that

                 we'd keep a competitive balance.  But the

                 federal government has not seen fit to act.

                            And this bill enacts, January 1,

                 '05, an increase from $5.15 to $6.00.  And

                 then for the following year it goes up to

                 $6.75.  And then in the third year it goes up

                 to $7.15.


                                                        6203



                            Now, we're hopeful that during the

                 next year, while it's still at $6.00, that the

                 federal government will see fit to create

                 uniformity throughout the United States.  We

                 think this is appropriate, we think it's fair,

                 we think it's equitable.  We think that the

                 families that are going to be beneficiaries of

                 this deserve to have an increase in their

                 wages.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Mr. President,

                 with the season we just went through, we were

                 faced with a lot of doomsayers and critics and

                 even some editorial writers who seem to

                 sometimes think they know it all.  Every time

                 that they looked at what we did here -- and

                 what we did was build on making sure that we

                 treat working men and women in this state with

                 dignity.

                            We started this under the

                 leadership of our leader, Joe Bruno, when we

                 passed a bill that became law in this state to

                 put sanitary facilities on farms, when we made


                                                        6204



                 sure that migrant farmworkers were included

                 under the minimum wage.

                            And we continued that commitment

                 not to political parties and we continued that

                 commitment not to labor leaders, but to

                 working men and women in this state when we

                 sent the strong message that we're going to

                 treat men and women in this state who are

                 minimum-wage workers with dignity.

                            We're not going to wait for the

                 federal government to act.  This is not about

                 overriding a veto of a governor that many of

                 us in this chamber have great admiration and

                 respect for.  This is for maintaining a

                 commitment to people who need that commitment

                 most, to the families of New York who need the

                 increase in the minimum wage.

                            So we'll overcome the sarcasm and

                 the misrepresentation that is sent so often to

                 our side when people want to question our

                 motives.  Our motives are to protect those

                 working men and women.

                            And I'm proud, as a person who's

                 chaired the Labor Committee and who continues

                 to serve in this chamber, to say that we


                                                        6205



                 appreciate every worker in this state, and in

                 particular the minimum-wage workers, and am

                 glad to vote to override the Governor's veto

                 to make this the law in this state.

                            ACTING PRESIDENT MEIER:    Senator

                 Mendez.

                            SENATOR MENDEZ:    Mr. President,

                 after several years, 26 years too late, this

                 is the best time for me to put aside my

                 political career.  Because every member

                 dealing with the veto, taking care of these

                 families and workers, is proof that here in

                 this chamber all the Senators do care about

                 social justice.

                            So it's not the property of any one

                 single party, it is the property of all

                 American citizens who feel that social justice

                 is a necessary American element of our system

                 of government.

                            So I want to congratulate my dear

                 leader, Joe Bruno, for his patience and his

                 support on making this a reality for all those

                 productive workers and families that will have

                 more money to put more food on the table.

                            Thank you, Mr. President.


                                                        6206



                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 I'd like to congratulate everyone who is

                 involved in this fight to define the culture

                 in which workers in this state live, who live

                 in the northeastern part of the United States

                 where the cost of living is higher and where

                 it has to be objectionable whenever it is

                 stated that we have to wait for Washington to

                 act.

                            What we're showing today is that we

                 can act right here in New York for workers

                 around the state -- migrant workers, workers

                 who unfortunately spend great amounts of their

                 dollar just trying to survive.  We think that

                 people who work as hard as they do in this

                 state can have the quality of life that

                 workers in other states have.

                            And this is why we feel that

                 phasing in a minimum-wage bill at this time

                 and making it a law can bring to those who

                 work for a living -- we're not giving any type

                 of handout, we're just trying to find what is

                 a commensurate salary for the value of the


                                                        6207



                 work that is performed.

                            And by phasing it in over a

                 18-month period, statistics have shown that

                 this will actually help business to prosper

                 and will not in any way eradicate the

                 interests of the economic development of this

                 state.

                            And so to those labor leaders and

                 those political leaders and those who are

                 workers themselves who led the fight to

                 increase this minimum wage, I congratulate all

                 of you for your efforts.  It is unfortunate

                 that we waited a little longer than I thought

                 would have been seasonable to have passed this

                 kind of legislation.  It seemed to me that

                 this was really quite understandable that

                 there would need to be a change in the minimum

                 salary that individuals make for a week's work

                 earlier than we did.

                            However, it is still a great day

                 for workers and a great day for all of the

                 legislators, including Senator Mendez, who

                 just mentioned the issues of social justice

                 that bring us here every day.

                            And to the Majority Leader, Senator


                                                        6208



                 Bruno, who put this bill on the floor once and

                 now has put this bill on the floor twice, he

                 has my heartiest congratulations.

                            We have to remember that this is a

                 great day but also a first day, a first day in

                 a movement that is part of a statewide desire

                 to bring the economic and social justice to

                 workers all around the state -- not just by

                 providing for minimum wage, but by providing

                 for apt working conditions, by providing for

                 compensation for those who were injured on the

                 job commensurate with what the cost of living

                 is today, and hopefully an opportunity for

                 workers to receive overtime and not be part of

                 the flex time or any of the national schemes

                 that are causing workers to get less when they

                 give more.

                            So it is in that spirit that I'm

                 proud and will be proud to cast my vote for

                 the increase in the minimum wage and to

                 perhaps eventually persuade our Governor that

                 this is the right way to go.  It is in that

                 spirit that I thank all my colleagues on both

                 sides of the aisle for their support.  And for

                 those of you who came back to Albany time and


                                                        6209



                 time and time again, and even after we heard

                 that it was going to pass, to make sure that

                 the minimum wage be raised in this state and

                 that the new figures become law.

                            (Applause from gallery.)

                            ACTING PRESIDENT MEIER:    I put

                 the motion of Senator Bruno to override the

                 veto before you.  Senators, ought the same

                 become law notwithstanding the veto of the

                 Governor.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno, to explain his vote.

                            SENATOR BRUNO:    Mr. President and

                 colleagues, I want to thank you for the

                 support that's here.

                            And I really want to rise and

                 recognize the leadership of Senator Spano and

                 all that has brought this bill to the floor.


                                                        6210



                 And as Senator Hoffmann, Senator Mendez, who

                 chairs our Labor Committee, Senator Robach and

                 Senator Paterson and all of your colleagues

                 for their support and your part in being in

                 the leadership and in getting us to where we

                 are in something that is as important as we

                 all recognize.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    You know,

                 when this bill was being discussed and has

                 continued to be discussed to this very day,

                 there's been a lot of philosophical discussion

                 as to whether or not it's going to cost more

                 for business, whether or not it's going to

                 raise the other levels of wages and whether or

                 not it's going to hurt the economy of the

                 state of New York.

                            And I think all of that is fine

                 philosophical and theoretical discussion.  But

                 in reality, there's no one that can afford to

                 live on the minimum wage as it exists today,

                 especially with the costs, whether it's fuel

                 or heating oil or whatever, that's been


                                                        6211



                 happening over the recent months.

                            So there's a main reason to do this

                 today.  It has nothing to do with anybody

                 trying to send a message to the Governor or

                 overriding a veto in the procedural sense.  It

                 has to do with one thing, doing the right

                 thing.  And that's what we're doing today.

                            Secondly, and I think just as

                 importantly, there's been a criticism that we

                 should wait for the federal government.  I

                 think what this body has done today, and

                 hopefully it will continue in the next session

                 and beyond, is that we've shown leadership.

                 And hopefully we'll see the rest of the states

                 of the union follow our leadership so we're

                 affecting not only the workers of this state

                 but the workers of other states in this

                 country.

                            I vote aye.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco will be recorded in the

                 affirmative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Those recorded in


                                                        6212



                 the negative on Calendar Number 1886 are

                 Senators Kuhl, Maltese, McGee, Meier,

                 Nozzolio, Rath, Saland, and Seward.  Ayes, 50.

                 Nays, 8.

                            ACTING PRESIDENT MEIER:    The

                 motion to override the Governor's veto is

                 carried.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President, is

                 there any housekeeping left at the desk?

                            ACTING PRESIDENT MEIER:    No,

                 Senator, there is none.

                            SENATOR BRUNO:    There being no

                 business to come before the Senate here this

                 evening, I would move that we stand adjourned

                 until 11:00 a.m. tomorrow, with the

                 expectation that we will have a Majority

                 Conference at 10:00 in the Majority Conference

                 Room.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    On

                 motion, the Senate stands adjourned until

                 Tuesday, December 7th, at 11:00 a.m.


                                                        6213



                            (Whereupon, at 4:30 p.m., the

                 Senate adjourned.)