109th CONGRESS

2d Session

S. 2725

To amend the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage and to ensure that increases in the Federal minimum wage keep pace with any pay adjustments for Members of Congress.

IN THE SENATE OF THE UNITED STATES

May 4, 2006

Mrs. CLINTON (for herself, Mr. KENNEDY, Mr. JEFFORDS, Mr. LEAHY, Mr. HARKIN, and Mr. OBAMA) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage and to ensure that increases in the Federal minimum wage keep pace with any pay adjustments for Members of Congress.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Standing with Minimum Wage Earners Act of 2006′.

SEC. 2. MINIMUM WAGE.

(a) In General- Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:

`(1)(A) except as otherwise provided in this section, not less than–

`(i) $5.85 an hour, beginning on the 60th day after the date of enactment of the Standing with Minimum Wage Earners Act of 2006;

`(ii) $6.55 an hour, beginning 12 months after that 60th day, adjusted for that year as provided for in subparagraph (B); and

`(iii) $7.25 an hour, beginning 24 months after that 60th day, adjusted each year as provided for in subparagraph (B); and

`(B) the wage provided for under clauses (ii) and (iii) of subparagraph (A) shall be automatically increased for the year involved by a percentage equal to the percentage by which the annual rate of pay for Members of Congress increased for such year as provided for pursuant to the Legislative Reorganization Act of 1946 (2 U.S.C. 31).’.

(b) Effective Date- The amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act.

This piece of proposed legislation, if passed, will rank right up there with some of the most destructive acts ever, such as FDR’s New Deal programs and LBJ’s Great Society prograqms. The law of unintended consequences will come into play condemning more poor people to unemployment and failed social programs while simultaneously guaranteeing Congress periodic raises. The average taxpayer gets screwed twice, once to pay their representatives and again to take away people’s values, such as self-reliance and responsibility.

National, Rants | No Comments »

This article is a bit lengthy, but well worth the read.
Supreme Court Invalidates Guantanamo Detainee Tribunals

In a remarkable repudiation of the Bush administration’s exercise of power in the war on terror, the Supreme Court on Thursday ruled that the military commissions established to try Guantanamo Bay, Cuba, detainees violate both U.S. law and the Geneva Conventions.

Handed down on the final day of the Court’s term, the 5-3 decision could affect government policies beyond Guantanamo, jeopardizing U.S. interrogation techniques used on detainees and prisoners, which human rights groups say also violate the Geneva Conventions on the treatment of war prisoners.

Ruling in the long-awaited case of Hamdan v. Rumsfeld, the Court also rejected the Bush administration’s contention that Congress had stripped the Court of jurisdiction over detainee appeals in a law it passed last December. That law, the Detainee Treatment Act, does not apply to cases pending when it passed, the high court said.

The rest is here.

National, Raves, World | No Comments »

I put a new link to AG Watch in my politicis & policy links. It is part of The Federalism Project. Follow this link to a very interesting set of articles about Wannabe Governor Eliot $pitzer (New York can’t afford him). My favorite post of the bunch is You Live For the Fight When It’s All That You’ve Got.

New York State | No Comments »

Get a free Iced Coffee from Dunkin Donuts this Wednesday, June 28, from 10 am to 2 pm.

Food & Dining, Raves | No Comments »

Part 1 - Sunday Brunch at Cafe Allegro:

The day started out really perfect. I met with fellow photonuts, Caroline and Ed, at Cafe Allegro about 11:30 a.m. (okay, I was on-time, they were running late and arrived about 11:50). I enjoyed a large coffee while waiting and was pleasantly surprised and entertained by a duo performing some nice, light jazz on keyboards and a bass. It definitely set the right atmosphere for a Sunday morning. We were delighted discovering that Cafe Allegro serves Sunday Brunch. I must confess that I should have been more familiar with the offerings since I live in the neighborhood. Ed and I started out with a chilled Cucumber Mint soup. It was delicious! One warning (for me it is another reason to order it) is that the flavor of wonderful, aromatic, fresh garlic is prevalent. It turned out that we were both garlic fiends, that made the soup that even better. All three of us opted for the egg frittata. It is served incorporated with potatoes, 3 veggies (you choose, I went with tomatoes, spinach and mushrooms), 1 meat (choices are ham, turkey or bacon, I went with the bacon) and 1 cheese (several choices, I chose asiago). The frittata was delicous and served with toast (choice of several nice varieties) and a slice of water melon. Here’s a few pics from Cafe Allegro, clicking on any will take you to a larger version.

Part 2 - The Parkside Garden Tour:

After brunch, we headed over to the Parkside Garden Tour. As I was parking my car I debated whether or not to take my camera bag, I didn’t, I gambled that it would not rain, at least not significantly . . .more on that later. There were many lovely homes in this area and some really breath-taking gardens. People thought we were with some newspaper or something since the three of us were running around snapping photos of just about anything that looked interesting. We met some very nice people while touring the area. Unfortunately (or fortunately, stay tuned), our Sunday adventure was soon to take a major departure from what we had planned. Below is a slide-show from the garden tour, click any pic to see a larger version.

Part 3 - The Rain:

We were about an hour into the tour and a couple of distant rumbles of thunder were heard. Soon the thunder was not so distant and fairly light rain started. My biggest concern, since we were several blocks from our vehicles, was my camera. It is a fairly expensive digital SLR that is not waterproof. Caroline and Ed, showing better judgment than I had, both had camera bags. Initially I put my camera under my shirt and held my arms over it. That worked until the rain started to pick up. Ed gave me his baseball cap to use as a rain shield as we tried to maneuver our way closer to the cars while staying under big trees. Yeah, I know, lightning bolts were flying and we were looking to trees for shelter. After it became apparent that there was no way to make it to the cars without becoming completely drenched we sought out the largest tree we could find and planted ourselves right underneath it. About 5 minutes later we heard an angel calling us - no we were not struck by lightning, it was a wonderful woman with a nice porch beckoning us to a nice, safe, dry location. Forgive me for not remembering the name of gracious host and her friends, I am terrible with names. Soon we found ourselves on her porch, joined by a two other women. Then the miracle happened, out of the house appeared some cans of ice cold molson canadian. Buffalo is truly the City of Good Neighbors! A couple of guys from next door soon joined us on the porch. All total, we spent somewhere around 2 hours waiting for the rain to let up. The hospitality we encountered turned a bleak situation into a memorable one. Thank you ladies!!!! Below are a few pics of the torrential downpour.

Part 4 - The Aftermath:

When the rain finally let up we made a break for the cars. We got within about a block when another fairly substantial downpour started. At least we were close enough. At this point Caroline and Ed headed home. I had to pick up my 16 year old from a friend’s house. Earlier in the afternoon he had called me to tell me that some lady ran him off the road on Hertel while he was riding his bike. He had to ride over the curb to avoid being flattened. Both of his bike tires blew out from the impact with the curb. I picked him up, we loaded his bike into my trunk and I stopped at my apartment before driving him back to his mother’s place. The surprises for the day were not over. We went inside my place only to discover that the electric was knocked out by the storm. So much for stopping home. I drove him home and returned to my place hoping the power was back on. It wasn’t. No sooner did I get inside and my oldest son was calling from work to see if I could drop off a Nintendo DS game. I did, in exchange for a root-beer milkshake. He was working at the Chocolate Shop on Hertel Ave. This gave me an opportunity to shoot some nice photos of the Chocolate Shop. The place is utopia for anyone with a sweet tooth. Below is a slide-show that will show you all of the delicious possibilities.

Art & Photography, Buffalo, Events, Food & Dining | 4 Comments »

It was a nice day hanging out with Caroline and Ed at the Buffalo River Festival Today. The one big disappointment was the disappearance of the Kettle Korn lady. We were planning on buying the stuff on the way out so we wouldn’t have to lug it around. I even asked the lady if she was staying tilll the end selling her Korn and she said “yes”. Ha! We left around 9:30 and the festival was scheduled to end at 11 pm. The Kettle Korn lady was no where to be found.

The festival had a little bit of everything; a car show, a chicken bbq, a nice history exhibit on the Buffalo River area, and a beer tent. Here’s a slideshow of the event.

Buffalo, Events | 1 Comment »

Ray posted a great article on the Free New York Blog. Anyone who agrees with the sentiments expressed should email a copy to the Mayor, Police Chief and other elected officials.

Buffalo, Rants | No Comments »

Reurbanism rears its ugly head. Don’t be fooled by the pie-in-the-sky pictures painted by this dangerous cause. It is nothing more than an attempt at social engineering through government regulations that drive up costs of real estate and consumer goods. The urban decline and poor economy in this area is a result of government policies and regulations, the cure is less, not more. One of the main causes of urban flight was the forced busing to achieve racial integration in the school system. On the surface, the cause sounds noble, but as we know now, the results have been disastrous. The same can be said about “reubanism” (new urbanism).

Now, the new urbanists could have simply become cheerleaders for urban development. They could have engaged in public campaigns, encouraging others to join the fold and live like San Franciscans. The effort might have been futile, but it would have been unquestionably legitimate. Instead, they have sought to enforce their preferences through coercion. They love their flavor of living so much, they intend to make it dominate under pain of law.

Occasionally, the new urbanists will allow their draconian intentions to slip out. For example, last year during a city council meeting on the subject of transit ridership in Madison , Wisconsin , project manager David Townbridge remarked that “lots of people on the council … would like to use parking rates as a mechanism to force mass transit.” He then gravely predicted that ” people will think about whether they really want to pay at least $100 a month just to park.”

“Force mass transit?” That’s a key tenet of the new urbanist agenda. If people won’t choose the “correct” path on their own, the new urbanists aim to force them to.

Similarly, in both San Diego and Los Angeles efforts are currently underway to ban the construction of the so-called “big box” stores. This would include popular chains such as Wal-Mart and Costco. According to the new urbanists, such bans are desirable because large retail stores foster the development of “sprawl.” Whether or not shoppers like or dislike these stores is irrelevant; it’s enough that they post a threat to new urbanist designs.

Of course, big box stores are better for consumers because they offer a superior selection at lower prices. This reveals an objective problem with new urbanism; it’s simply more expensive. Since it imposes densification, real estate costs invariably increase, and higher real estate costs lead to higher prices at the register. On top of that, lot sizes are often regulated, which limits store selection and likewise increases costs.

This, I’m afraid, is not a matter of preference. It’s one of economics. The new urbanists are costing us money.

Yet in the mind of new urbanists, this is completely justified. Who cares if vanilla costs less if chocolate is better? Under their philosophy, they’re doing society a favor by enforcing a better way of living. In their view, we should be thanking them for saving us from ourselves.

Therein lies the problem with the new urbanists. They don’t trust people making their own choices with their own money. They want to make the decisions for us on how and where we should live our lives, and no matter how pure their motivations may be, their methods are simply atrocious. Only I know what’s best for me. They only know what’s best for themselves.

Ultimately, it comes down to this simple principle: I don’t want to be forced to eat chocolate if I happen to prefer vanilla. And neither should you.

(read the whole article)

Rants, Uncategorized | No Comments »

Pataki, in one of his better moves, loses the battle with the State Legislature to increase the cap on Charter Schools. He did pull off a slick move saving the taxpayers from wasting more money on failed government programs to help the poor while also enriching government employees.

In the end, he stashed it away in another bill that included about $100 million for programs for low-income families and early retirement for government workers. The Senate approved it, but the Assembly did not.

“I’m disappointed that $97 million in money for poor people is being held hostage for a message on a presidential campaign in Iowa and New Hampshire,” Assembly Speaker Sheldon Silver, D-Manhattan, said of what he has charged is Pataki’s bid to use the charter school issue to tout his conservative credentials for a possible White House bid in 2008.

The Buffalo News article confirms that the teachers’ unions are doing everything they can to stifle competition in education. How they can sleep at night, knowing that they are putting their own self-interest before education, is beyond indefensible.

Silver said Democrats are concerned that the charter schools are not required to be union represented and that local school districts have no say over their locations.

Peter Murphy, policy director of a group representing New York charter schools, criticized the Legislature’s failure to expand the number of charter schools. “The kids lose,” he said.

New York State, Rants, Uncategorized | No Comments »

Prison of the Psychotic Damned premiered tonight at the Buffalo Central Terminal. I must confess, I’ve never watched a movie in a train terminal before, especially an “abandoned” terminal. The whole crew from the Central Terminal Restoration Corporation deserves praise for all the work they’ve done toward restoring this majestic structure.

The Voodoo Dollies provided the musical entertainment for the evening. The band was a very good choice for a couple of reasons. First, they fit right in with theme of the evening. Second, I think they may have helped to draw in a “younger” segment of the population that might not have been exposed to the “Terminal” before.

After the music, it was time for the main attraction. Prison of the Psychotic Damned is an Indie movie which was filmed at the Terminal. It is a local Buffalo production and showcased the building very creatively. A nice-sized crowd showed up for the premiere.

Exploring the interior of the Central Terminal always proves to be an interesting time. The front half of the main concourse was virtually deserted while everyone was watching the movie.

On my way to my car after the show, I couldn’t help but admire the wonderful view of the East Side from the parking lot.

You can click on any of the pictures to view a larger version.

Art & Photography, Buffalo, Events, Rants | 2 Comments »

Check out the weekly online video by Paul James, the Garden Guy, on HGTV. This is a must for all you backyard gardeners. This week’s video covers must-have garden tools including the Ergonomic Hand Trowel, the Double Digger and the Electric Bulb Auger. Gardening has never been so easy and fun.

This is the first-ever trowel that relies on pulling action–a great design that gives you more power with less effort, minimizing muscle and join strain. Great for weeding, aerating and amending soil. Easy, fold-away handle for convenient, compact storage. Heavy-duty stainless-steel with molded rubberized handles and wrist support.

Raves | No Comments »

The latest installment on socialism in the Buffalo News, ASSEMBLY TARGETS BUSINESSES THAT PREY ON WORKING POOR, has politicians like Paul Tokasz and Crystal Peoples advocating more government regulations and more money being thrown at a problem created by the government.

Re-examine the state’s 1986 rent-to-own law that, in effect, lets the industry set its own prices. Tokasz notes “many things have changed in society in the last 20 years,” and that law may have to change, too.

No has a gun to any-one’s head forcing them into a rent-to-own store. The Constitution never meant for the passage of laws to protect people from themselves. It takes away the incentive for personal responsibility and self-reliance. Fool me once, shame on you . . Fool me twice, shame on me. The government thinks it can stop people from being fooled, it just turns them into bigger fools.

Increase the state Banking Department budget to beef up enforcement against stores running illegal check-cashing operations, and give the department clear authority to go after violators.

People do this to themselves. If a person goes to a local store to cash a check, they have made the decision to do so. I’m sure some of these stores have been burned pretty good by bad checks. They don’t have the computerized resources of banks to verify the validity of checks.

Revisit the state’s predatory lending law - enacted just three years ago - to see if stronger measures are needed to protect consumers from inordinately high mortgage interest and fees.

The interest rates are based on risk, much like insurance policies. A change in the laws will only result in people who have the capability of responsibly using credit at a higher rate to rebuild their credit worthiness being denied the opportunity. AGAIN, stop trying to protect people from themselves . . .IT DOES NOT WORK!

For those with a history of bouncing checks, some banks offer remedial accounts. “These are people we wouldn’t otherwise be able to open an account for,” said Gary Quenneville, senior vice president and head of Western New York retail banking for KeyBank.

This is a common sense, free-market response to the problem. Some banks have identified a need and cultivated it, without government arm-twisting and interference.

Rants, Uncategorized | No Comments »

This is a fun little quiz to determine your political leanings and test your knowledge of the principals upon which our country was founded.

I, of course, scored the rating of a flaming libertarian and I’m proud of it!

Musings | 1 Comment »

I get an hour for lunch and look forward to the time to not only eat, but also to relax with some reading. Monday I decided to go to Ted’s. This is summer and a Ted’s chargrilled dog is a symbol of summer in Buffalo.

Now to my experience. It was pretty slow when I went to eat and there were only about 3 booths occupied out of 25 or 30. After getting my food I picked the most isolated booth available so that I could do some reading while eating without constant distractions. As soon as I started reading and taking the first bite of a dog a lady comes along and plops her 4 children in the booth adjacent to mine. Mind you, I have nothing against kids but these were noisy kids. The boy who about 3 1/2 or 4 years old immediately started zooming his plastic car back and forth on the table, of course he was making all the requisite vroom-vroom noises as well. The 5 year old girl was trying to stuff her little sister in to a booster chair while another precious little person was yelling to alert mommy.

Needless to say, the peaceful lunch I was looking forward to just vanished. I realize that kids do these things, my two were this age at one time. BUT, with all the empty booths available for this lady and her brood, why pick one right next to someone who was trying to read a book? Is this the price one pays for relatively inexpensive fast-food?

Rants | No Comments »

Health care proposal will devastate small businesses

Whoever dubbed the health care proposals before the State Legislature the “Wal-Mart Bills” was extremely clever. One of the proposed versions of the bill will do great harm to many Buffalo Niagara companies that employ as few as 100 people - a far cry from Wal-Mart’s 10,000 employees (and multibillion-dollar earnings).

Yet supporters still claim its purpose is to stop the practice of big-box retailers turning their employees over to the state’s health plan rather than providing health insurance themselves.

Unfortunately, in Albany, proposed legislation targeting big-box retailers has morphed into a specifically onerous bill that would hurt all businesses with 100 or more employees. It mandates a charge of $3 per employee per hour - even if those businesses already provide health insurance.

If the bills’ supporters think it will help workers, they are sorely mistaken. By forcing smaller employers to pay this extra cost - on top of a laundry list of business regulations and fees, including workers’ comp and the highest taxes in the nation - they are only encouraging them to close up shop and move to more business-friendly states.

Thousands of people who had jobs - with health insurance - will join the unemployment ranks as a direct result. In the end, the ones who will suffer most are the workers that this legislation is supposed to protect.

Click the article title to read more.

New York State, Rants, Uncategorized | No Comments »