Regular Session - January 22, 2002

                                                            188







                           NEW YORK STATE SENATE











                          THE STENOGRAPHIC RECORD



















                             ALBANY, NEW YORK



                             January 22, 2002



                                 3:10 p.m.











                              REGULAR SESSION















            SENATOR MICHAEL A.L. BALBONI, Acting President



            STEVEN M. BOGGESS, Secretary



































                                                        189







                           P R O C E E D I N G S



                            ACTING PRESIDENT BALBONI:    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 BALBONI:    In the



                 absence of clergy, could we please bow our



                 heads for a moment of silence.



                            (Whereupon, the assemblage



                 respected a moment of silence.)



                            ACTING PRESIDENT BALBONI:



                 Reading of the Journal.



                            THE SECRETARY:    In Senate,



                 Monday, January 21, the Senate met pursuant to



                 adjournment.  The Journal of Saturday,



                 January 19, was read and approved.  On motion,



                 Senate adjourned.



                            ACTING PRESIDENT BALBONI:



                 Without objection, the Journal stands approved



                 as read.



                            Senator Velella.



                            SENATOR VELELLA:    Mr. President,











                                                        190







                 there will be an immediate meeting of the



                 Aging Committee in the Majority Conference



                 Room.



                            ACTING PRESIDENT BALBONI:



                 Immediate meeting of the Committee on Aging in



                 the Senate Majority Room.



                            Presentation of petitions.



                            Messages from the Assembly.



                            Messages from the Governor.



                            Reports of standing committees.



                            Reports of select committees.



                            Communications and reports from



                 state officers.



                            Motions and resolutions.



                            Senator Fuschillo.



                            SENATOR FUSCHILLO:    Thank you,



                 Mr. President.



                            On behalf of Senator Volker, on



                 page number 5 I offer the following amendments



                 to Calendar Number 13, Senate Print Number



                 5793, and ask that said bill retain its place



                 on Third Reading Calendar.



                            ACTING PRESIDENT BALBONI:    The



                 amendments are received and adopted, and the



                 bill will retain its place on the Third











                                                        191







                 Reading Calendar.



                            Senator Fuschillo.



                            SENATOR FUSCHILLO:    Mr.



                 President, on behalf of Senator Volker, on



                 page number 5 I offer the following amendments



                 to Calendar Number 23, Senate Print Number



                 1533, and ask that said bill retain its place



                 on Third Reading Calendar.



                            ACTING PRESIDENT BALBONI:    The



                 amendments are received and adopted, and the



                 bill will retain its place on the Third



                 Reading Calendar.



                            Senator, do you have another



                 motion?



                            SENATOR FUSCHILLO:    Yes, Mr.



                 President.



                            On behalf of Senator Nozzolio, I



                 move that the following bills be discharged



                 from their respective committees and be



                 recommitted with instructions to strike the



                 enacting clause:  Senate Numbers 217A, 225,



                 3194, 3195B, and 5429.



                            ACTING PRESIDENT BALBONI:    So



                 ordered.



                            Senator Velella.











                                                        192







                            SENATOR VELELLA:    Mr. President,



                 I believe there's a privileged resolution at



                 the desk by Senator McGee.  I ask that the



                 title be read.



                            ACTING PRESIDENT BALBONI:    The



                 Secretary will read.



                            THE SECRETARY:    By Senator McGee,



                 Legislative Resolution Number 3818,



                 commemorating the 20th anniversary of the



                 STOP-DWI Program.



                            ACTING PRESIDENT BALBONI:



                 Senator McGee.



                            SENATOR McGEE:    Mr. President,



                 actually I think it's a wonderful idea that we



                 have this resolution on the 20th anniversary



                 of the STOP-DWI program.  Certainly the



                 statistics have shown the importance of this



                 program and what a great job it has done in



                 being able to get the drunk driver off the



                 road.



                            So I would like to at this



                 opportunity ask that I could open the



                 resolution for sponsorship by the entire



                 Senate rather than just myself.



                            ACTING PRESIDENT BALBONI:











                                                        193







                 Without objection, the resolution will be



                 opened to any cosponsors.



                            SENATOR McGEE:    Thank you so



                 much.

                            ACTING PRESIDENT BALBONI:    The



                 question is on the resolution.  All in favor



                 signify by saying aye.



                            (Response of "Aye.")



                            ACTING PRESIDENT BALBONI:    All



                 those opposed, nay.



                            (No response.)



                            ACTING PRESIDENT BALBONI:    The



                 resolution is adopted.



                            Senator Velella.



                            SENATOR VELELLA:    Mr. President,



                 on behalf of Senator McGee, I believe the



                 resolution will be opened at the desk for



                 anyone who wishes to join in sponsoring it.



                            We'll put everyone on the



                 resolution unless they otherwise indicate to



                 the desk.



                            ACTING PRESIDENT BALBONI:



                 Terrific, Senator Velella.



                            SENATOR VELELLA:    If we could



                 proceed with the noncontroversial calendar.











                                                        194







                            ACTING PRESIDENT BALBONI:    The



                 Secretary will read.



                            THE SECRETARY:    Calendar Number



                 2, by Senator Skelos, Senate Print 58, an act



                 to amend the Civil Practice Law and Rules, in



                 relation to causes of action.



                            ACTING PRESIDENT BALBONI:    Read



                 the last section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the first day of



                 October.



                            ACTING PRESIDENT BALBONI:    Call



                 the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 43.



                            ACTING PRESIDENT BALBONI:    The



                 bill is passed.



                            THE SECRETARY:    Calendar Number



                 3, by Senator Skelos, Senate Print 59, an act



                 to amend the Criminal Procedure Law, in



                 relation to evidence of identification.



                            ACTING PRESIDENT BALBONI:    Read



                 the last section.



                            THE SECRETARY:    Section 5.  This



                 act shall take effect on the first day of











                                                        195







                 November.



                            ACTING PRESIDENT BALBONI:    Call



                 the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 45.



                            ACTING PRESIDENT BALBONI:    The



                 bill is passed.



                            THE SECRETARY:    Calendar Number



                 4, by Senator Hoffmann, Senate Print 84, an



                 act to amend the Penal Law, in relation to



                 inciting to riot.



                            ACTING PRESIDENT BALBONI:    Read



                 the last section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the first day of



                 November.



                            ACTING PRESIDENT BALBONI:    Call



                 the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 44.  Nays,



                 1.  Senator Duane recorded in the negative.



                            ACTING PRESIDENT BALBONI:    The



                 bill is passed.



                            THE SECRETARY:    Calendar Number



                 5, by Senator Volker, Senate Print 210, an act











                                                        196







                 to amend the Criminal Procedure Law, in



                 relation to fingerprinting persons.



                            ACTING PRESIDENT BALBONI:    Read



                 the last section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the first day of



                 November.



                            ACTING PRESIDENT BALBONI:    Call



                 the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.  Nays,



                 1.  Senator Duane recorded in the negative.



                            ACTING PRESIDENT BALBONI:    The



                 bill is passed.



                            THE SECRETARY:    Calendar Number



                 31, by Senator Volker, Senate Print 6040, an



                 act to amend the Tax Law, in relation to the



                 imposition of sales and compensating use taxes



                 by the County of Erie.



                            ACTING PRESIDENT BALBONI:



                 Senator Volker, why do you rise?



                            SENATOR VOLKER:    Mr. President,



                 lay that bill aside until tomorrow, please.



                            ACTING PRESIDENT BALBONI:    Please



                 lay that bill aside for the day.











                                                        197







                            THE SECRETARY:    Calendar Number



                 36, by Senator Morahan, Senate Print 2878B, an



                 act authorizing the Greenwood Lake Union Free



                 School District.



                            ACTING PRESIDENT BALBONI:    Read



                 the last section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            ACTING PRESIDENT BALBONI:    Call



                 the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            ACTING PRESIDENT BALBONI:



                 Senator Morahan.



                            SENATOR MORAHAN:    Yes, thank you,



                 Mr. President.



                            I'd like to just make a brief



                 announcement that the Militia Association of



                 New York, under the auspices of the Division



                 of Military Affairs for the State of New York,



                 is hosting an event in the Well of the LOB,



                 and it has many of our services and a



                 presentation of memorabilia, activity of the



                 National Guard, other services, reserve



                 services around the State of New York.











                                                        198







                            And I invite all to attend and go



                 through and see the exhibits and interview and



                 talk to people in the military service and in



                 the National Guard, and other discussions of



                 military affairs.



                            All are cordially welcomed, and I



                 invite you all to spend a little time.  It's



                 on from 4:00 p.m. to 6:00 p.m. today.



                            Thank you, Mr. President.



                            ACTING PRESIDENT BALBONI:



                 Senator Morahan voting in the affirmative, the



                 bill is now passed.



                            Senator Hassell-Thompson.



                            SENATOR HASSELL-THOMPSON:    Yes,



                 thank you, Mr. President.



                            I rise to request unanimous consent



                 to be recorded in the negative on Calendar



                 Number 3, Senate Bill Number 59.



                            ACTING PRESIDENT BALBONI:



                 Without objection, your vote shall be so



                 recorded.



                            SENATOR VELELLA:    Mr. President,



                 can the Senate stand at ease for a few



                 moments, please.



                            ACTING PRESIDENT BALBONI:    Thank











                                                        199







                 you.  The Senate will stand at ease



                 momentarily.



                            (Whereupon, the Senate stood at



                 ease at 3:19 p.m.)



                            (Whereupon, the Senate reconvened



                 at 3:24 p.m.)



                            ACTING PRESIDENT BALBONI:



                 Senator Olga Mendez, why do you rise?



                            SENATOR MENDEZ:    Yes, Mr.



                 President.



                            I feel very, very happy to have all



                 my colleagues here welcome today



                 representatives of the Marcian [ph] Society.



                            See, in the same fashion in which



                 we are very grateful to the efforts of George



                 Washington, the first president, Dominicans



                 are very proud of their efforts to forge a



                 democracy in the Dominican Republic by



                 Mr. Duarte, who is called the Father of the



                 Republic.



                            So they are here accompanied with



                 Assemblyman Espaillat, and I just wanted to



                 welcome them.



                            ACTING PRESIDENT BALBONI:



                 Senator, your remarks will be noted for the











                                                        200







                 record.



                            Thank you all for joining us today.



                 It's great to have you here.



                            Assemblyman, nice of you to visit.



                            Hope you enjoy your day.



                            (Applause.)



                            SENATOR VELELLA:    Mr. President,



                 if we can go to reports of standing



                 committees, I believe we have a report from



                 the Aging Committee.



                            ACTING PRESIDENT BALBONI:



                 Reports of standing committees.



                            The Secretary will read.



                            THE SECRETARY:    Senator Maziarz,



                 from the Committee on Aging, reports the



                 following bill direct to third reading:



                            Senate Print 3405, by Senator



                 Larkin, an act to amend the Real Property Tax



                 Law.



                            ACTING PRESIDENT BALBONI:



                 Without objection, all bills reported directly



                 to third reading.



                            SENATOR BRUNO:    Mr. President.



                            ACTING PRESIDENT BALBONI:



                 Senator Bruno.











                                                        201







                            SENATOR BRUNO:    Can we at this



                 time return to motions and resolutions.



                            I believe I have a resolution at



                 the desk.  We're going to read it in its



                 entirety and move for its immediate adoption.



                            ACTING PRESIDENT BALBONI:    Let us



                 return to motions and resolutions.



                            The Secretary will read the



                 resolution in its entirety.



                            THE SECRETARY:    By Senator Bruno,



                 Legislative Resolution Number 3835,



                 memorializing the life and achievements of



                 Dr. Martin Luther King, Jr., and commemorating



                 the observance of the 17th National Martin



                 Luther King, Jr. Day.



                            "WHEREAS, Dr. Martin Luther King,



                 Jr., was born the grandson of a slave into a



                 segregated society in Atlanta, Georgia, on



                 January 15, 1929, and was instrumental in



                 formulating a policy which ultimately led the



                 American civil rights movement nationwide; and



                            "WHEREAS, In February 1968, shortly



                 before his untimely death, Dr. King spoke



                 about the inevitability of his death and hoped



                 that when we spoke of his life, we would not











                                                        202







                 concentrate on his academic achievements 



                 that he graduated from Morehouse College, that



                 he attended the Crozier Theological Seminary



                 and Boston University, where he earned a



                 doctorate in systematic theology; and



                            "WHEREAS, Dr. Martin Luther King,



                 Jr., won the 1964 Nobel Peace Prize.  He was



                 also the recipient of more than 300 awards for



                 his invaluable contribution to the improvement



                 of race relations in America; and



                            "WHEREAS, Dr. Martin Luther King,



                 Jr., believed that racial equality could be



                 achieved without violence.  An apostle of



                 peace, he fought unrelentingly for the civil



                 rights of all Americans; and



                            "WHEREAS, Dr. Martin Luther King,



                 Jr., stands in a long line of great American



                 black leaders and represents the historical



                 culmination and the living embodiment of a



                 spirit of united purpose, rooted in black



                 African culture and in the American dream; and



                            "WHEREAS, Dr. King taught us that



                 through nonviolence, courage displaces fear,



                 love transforms hate, acceptance dissipates



                 prejudice, and mutual regard cancels enmity;











                                                        203







                 and



                            "WHEREAS, Dr. Martin Luther King,



                 Jr., manifestly contributed to the cause of



                 America's freedom.  His commitment to human



                 dignity is visibly mirrored in the spiritual,



                 economic, and political dimensions of the



                 civil rights movement; and



                            "WHEREAS, Dr. Martin Luther King,



                 Jr.'s life was devoted to the liberation of



                 his people.  His courage transcended the



                 advocates of mindless retrenchment; and



                            "WHEREAS, Dr. King's life was



                 tragically ended by an assassin's bullet on



                 April 4, 1968, in Memphis, Tennessee; and



                            "WHEREAS, It is the sense of this



                 legislative body that the common and shared



                 responsibility of governance demands an



                 irrevocable commitment to the preservation and



                 enhancement of human dignity as exemplified by



                 Dr. Martin Luther King, Jr., and



                            "WHEREAS, Upon the occasion of the



                 observance of the 34th anniversary of the



                 death of Dr. Martin Luther King, Jr., it is



                 the intent of this legislative body to



                 commemorate the heroic efforts of Dr. King,











                                                        204







                 who loved and served humanity, and who was an



                 advocate for peace, justice, and



                 righteousness; now, therefore, be it



                            "RESOLVED, that this legislative



                 body pause in its deliberations to memorialize



                 the life and achievements of Dr. Martin Luther



                 King, Jr., and commemorate the observance of



                 the 17th National Martin Luther King, Jr. Day



                 on January 21, 2002; and be it further



                            "RESOLVED, That a copy of this



                 resolution, suitably engrossed, be transmitted



                 to the family of Dr. Martin Luther King, Jr."



                            ACTING PRESIDENT BALBONI:



                 Senator Bruno.



                            SENATOR BRUNO:    Mr. President,



                 colleagues, yesterday we celebrated Dr. King's



                 Day here in the United States.



                            There hasn't been a greater role



                 model to anybody than Dr. King, Jr.  When you



                 just think it's been 34 years since he was



                 killed while speaking.  Thirty-four years.  He



                 would have been 72 years old this year.



                            You think 34 years later about the



                 message that he delivered throughout the



                 United States and the world and how today it











                                                        205







                 still rings so true.  Equality, civility,



                 tolerance, understanding, peace, love, that



                 was his whole message.



                            And for delivering that message, he



                 was struck down by a mad person.  And that's



                 the tragedy of people who are heroes, who



                 stand up for what they believe in, who are



                 willing to put their lives literally on the



                 line for what they believe in.



                            And as we heard in this resolution,



                 he was awarded, in 1964, the Nobel Peace



                 Prize.  Now, you imagine a person whose



                 grandfather was a slave in Atlanta, Georgia,



                 growing up dealing with the world around him



                 as a child, as a teenager, making his way



                 through college, and then making his way in



                 the world -- and how does a person rise to the



                 level where people throughout the world listen



                 to the words that he has to speak?  They were



                 words of brotherhood, love, affection,



                 compassion, sharing, caring.



                            Today, when there are terrorists



                 out there who would rip us apart with hatred,



                 this message is one that it is appropriate



                 that we all reflect on, as the world did











                                                        206







                 yesterday, as we do today, and as we should



                 every day of our lives just remember a hero



                 like Dr. King, Jr., who literally gave his



                 life to help others understand that brotherly



                 love, sisterly love, caring, sharing,



                 improving the quality of life.



                            And, yes, he had a dream, and his



                 dream was that we all dream for a better life



                 and a better future.  And we join him in that.



                            Thank you, Mr. President.



                            ACTING PRESIDENT BALBONI:



                 Senator Paterson.



                            SENATOR PATERSON:    Thank you, Mr.



                 President.



                            And I want to thank Senator Bruno



                 for his remarks.  They're very touching and



                 meaningful coming at a time like this, as our



                 whole country understands the loss of leaders



                 like Dr. King, who would, if he were in good



                 health, still be with us today at a time when



                 we need our greatest leaders to be here.



                            And we've lost so many, and so many



                 other civilians due to the acts of violence



                 and hatred and terrorism.  The attack that we



                 all witnessed, a kind of a wake-up call for











                                                        207







                 America, just a few months ago.



                            And with Senator Bruno's



                 indulgence, I just wanted to talk about



                 Dr. King for a moment and to say that



                 sometimes people say that his value is



                 condensed into two speeches, the "I have a



                 dream" speech and the speech in which he



                 predicts his own demise, known as the "drum



                 major" speech.



                            And I wanted to say that I went



                 back and read that speech yesterday, and I



                 realized for the whole 34 years, Senator



                 Bruno, I never really understood what Dr. King



                 was saying in that speech.  And so I just



                 thought I would share it.  Perhaps, if it



                 enlightened me, it might have some value here.



                            Dr. King begins the speech by



                 saying that at his funeral he doesn't want



                 anyone to talk about the 300 awards he



                 received, he doesn't want people to mention



                 that he won the Nobel Peace Prize in 1965, and



                 he doesn't want people to talk about his



                 leadership at the March on Washington.  He



                 wanted people to say that he was a drum major



                 for justice.











                                                        208







                            And in saying that, it sounds



                 almost as if Dr. King is acting in a fashion



                 in which there was some great humility that he



                 was expressing.  And although he was an



                 extremely humble man, that's really not what



                 Dr. King was saying when he said he wanted to



                 be known as a drum major for justice.



                            He said that we are all drum majors



                 in our own lives, that we all want to lead the



                 parade in some way.  We want to be in charge



                 of things, we want to be at the head of the



                 class.  Sometimes we want to be first in the



                 heart of another person.  And that that's a



                 natural instinct.



                            And he quoted Sigmund Freud, who



                 said that the natural compulsion of human



                 beings is their sexual satisfaction.  Although



                 that sounds right to me, Dr. King went on to



                 say that Alfred Adler, the great psychologist,



                 amended Freud's theory to say that what people



                 really want is attention.  They want that



                 understanding that they're important.  It's as



                 natural an instinct as it is when you see a



                 baby that only cries and screams to be held or



                 to be fed.











                                                        209







                            And when you've had these little



                 people walk around your household, you



                 recognize that they care about nothing but



                 themselves.  They are not little bundles of



                 joy, they are little bundles of ego.  And



                 Dr. King points that out in his speech, that



                 it's the most natural instinct of the human



                 being, to want to be noticed by another.



                            He then talks about the first



                 chapter of Mark -- Chapter 10, Verse 35, where



                 he talks about Jesus walking near Mount Zion



                 and running across James and John, who they



                 identify as the two sons of Zebedee, although



                 they don't tell us who Zebedee is.  James and



                 John tell Jesus that "If you ever get to be



                 the King and rule over Mount Zion, we want to



                 sit at the left and the right of your throne.



                 We want to be right there with you."



                            And Dr. Martin Luther King is



                 admonishing that that might be considered to



                 be an arrogant, pompous thing to say to what



                 was the Messiah of the Christian religion,



                 that when he gets to ascend to the throne,



                 that these two young men thought that they



                 were so deserving that they should sit at his











                                                        210







                 side.



                            But Dr. King then comes back and



                 reminds us that that is a natural instinct of



                 human beings, to want to be important, to want



                 to be at the head of the class.



                            And he then closes by saying that



                 if you want to be important, if you want to be



                 special, find that love through another's



                 care, find that love through service to



                 others.



                            And that is what Martin Luther King



                 did in this country at a time that was



                 nonpareil, and certainly was a shining example



                 for all of us today, that if those of us even



                 on the lower frequencies who are in public



                 service right here in this chamber certainly



                 can achieve it through our commitment to our



                 principles.



                            And certainly that's what Dr. King



                 did.  He held his truths and his principles



                 above all things and above all issues.  He



                 went ahead whether others agreed with him or



                 not, with his integrity as his only virtue.



                            And I think that that is the



                 fitting tribute that Senator Bruno has offered











                                                        211







                 us through this resolution.  And hopefully



                 speaking for all the members on the other



                 side, Senator, we richly endorse your



                 resolution and hope to be included in it.



                            SENATOR BRUNO:    We would ask that



                 all the members that would care to join in



                 this resolution, please do so.  And unless you



                 indicate otherwise, we will just add your name



                 to it.



                            ACTING PRESIDENT BALBONI:



                 Senator Marchi.



                            SENATOR MARCHI:    Mr. President,



                 we should also take careful note of the



                 historical circumstances that Martin Luther



                 King was perfectly aware and knew about our



                 own history.



                            And the fact that a terrific



                 percentage of the people who started out from



                 Liverpool and from whatever the ports were



                 that were bringing the slaves over, the



                 presumptive role of a slave, never made it



                 because they died en route or, for the



                 temporal circumstances of the oceans and



                 tides, died before they were able to land.



                 And this is a great big number.











                                                        212







                            Was there any response?  They said,



                 Well, wasn't there a response on this cruel



                 act at that time?  Well, in the early 1800s,



                 there were over 200 that just adjusted their



                 mouths so that they could not swallow food as



                 a way -- and this is a mute response to this



                 outrage.  So the victims were perfectly aware



                 what had happened, and they died.  They died



                 in Savannah, Georgia, in excess of 200 people.



                            The fact that our early



                 Constitution provided on a negotiated basis 



                 because when it came to allotting



                 representation to the various states, how do



                 you count a slave?  Do you factor that in in



                 your calculations in developing public policy?



                 And they arrived at 3/5 of a person as a basis



                 that grew out of valuation and negotiation.



                            So even then, at that point, those



                 who held differently were willing to negotiate



                 on a 3/5 basis, which gives you an indication



                 of what the frame of mind was and the great



                 strides that he represented.



                            He was aware of all these



                 circumstances, but he was not electing for



                 force and violence.  He was electing to an











                                                        213







                 intellectual and a spiritual and a moral



                 commitment to freedom.  And both Senator Bruno



                 and Senator Paterson certainly stated it very



                 affirmatively, well.  It was well stated.



                            And it is something that -- it's



                 not a repetitive ceremony that we go through



                 each year.  It is something that should



                 sharpen our awareness about that tortuous path



                 which leads to fuller freedom and fuller



                 participation of all people in, well, seeking



                 our own way through life.



                            ACTING PRESIDENT BALBONI:



                 Senator Hassell-Thompson.



                            SENATOR HASSELL-THOMPSON:    Thank



                 you, Mr. President.



                            To Senator Bruno, I truly



                 appreciate this resolution being brought



                 forth.  And I appreciate the opportunity to



                 just make a couple of comments.  Much of the



                 comments that I wanted to make Senator



                 Paterson referred to.



                            But one piece, we are all very



                 aware of certain of his speeches because of



                 their prose and the poetic nature in which the



                 man spoke and wrote.  But one of the things











                                                        214







                 that he said is a quote of Martin Luther.  And



                 that was that peace for which he strove most



                 for was not the absence of war, but it's the



                 presence of justice.



                            And I think that as we go forward



                 and as we each year celebrate the life of a



                 man who has, as Senator Bruno has said, given



                 us the best example and role model to follow,



                 may we not use just that day but, as we sit in



                 those chambers, remember that peace is not



                 brought at the absence of war, but it is



                 brought in the presence of justice.



                            This is probably one of the most



                 emotional speeches I will make, because I have



                 attended probably seven of the Martin Luther



                 King celebrations this weekend.  And as



                 Senator Paterson says, each time I hear the



                 speeches, each time I read his letter from a



                 Birmingham jail, each time I read many of the



                 writings that are not the more popular ones,



                 the essence is his cry for justice on the part



                 of each individual.



                            And each of us has the power,

                 particularly in this chamber, to make sure



                 that justice is at the head of the list of











                                                        215







                 things that we strive for here in the New York



                 State Senate.



                            So again I thank you, Senator



                 Bruno, for putting forth this resolution, and



                 I certainly heartily support this resolution



                 today.



                            ACTING PRESIDENT BALBONI:    Well



                 said.



                            The question is on the resolution.



                 All in favor signify by saying aye.



                            (Response of "Aye.")



                            ACTING PRESIDENT BALBONI:



                 Opposed, nay.



                            (No response.)



                            ACTING PRESIDENT BALBONI:    The



                 resolution is adopted.



                            As Senator Bruno had indicated, the



                 sponsorship will be open for this resolution.



                            Senator Montgomery.



                            SENATOR MONTGOMERY:    Yes, Mr.



                 President.  I would like unanimous consent to



                 be recorded in the negative on Calendars



                 Number 4 and 5, S84 and S210.



                            ACTING PRESIDENT BALBONI:



                 Without objection, you shall be so recorded.











                                                        216







                            SENATOR MONTGOMERY:    Thank you.



                            ACTING PRESIDENT BALBONI:



                 Senator Oppenheimer.



                            SENATOR OPPENHEIMER:    Just a



                 question of the chair.  Are we all going to be



                 recorded in the affirmative unless we express



                 to you we don't wish to be on the resolution?



                 Isn't that an easy 



                            ACTING PRESIDENT BALBONI:



                 Senator Oppenheimer, you're discussing the



                 resolution?



                            SENATOR OPPENHEIMER:    The



                 resolution, yes.



                            ACTING PRESIDENT BALBONI:    Yes,



                 you will be placed on the resolution as



                 sponsors unless you do not want to be and



                 notify the chair.



                            SENATOR OPPENHEIMER:    Okay.



                 Thank you.



                            ACTING PRESIDENT BALBONI:



                 Senator Mendez.



                            SENATOR MENDEZ:    Yes, I would



                 like unanimous consent to be recorded in the



                 negative on Calendar Number 4 and Number 5.



                            Mr. President, if I may, since I











                                                        217







                 have the floor now, listening to the



                 remembrance of Dr. King, it came to my mind



                 that after all is said and done -- and we have



                 done a tremendous amount of progress in



                 achieving justice and equality for many, many



                 American citizens.  But the teachings of



                 Dr. King reminds me of what is, in my mind,



                 still the unmet agenda of this great country



                 of ours.



                            And that is his dream will come



                 true the day that every single American



                 citizen would feel very, very bad, very hurt,



                 and would spring into action upon knowing that



                 the right of another American citizen has been



                 denied.



                            And I think that we have done a lot



                 of progress, but that we still have some road



                 to travel.



                            Thank you.



                            ACTING PRESIDENT BALBONI:    You



                 shall be so recorded in the negative on those



                 bills.



                            The resolution has been passed.



                            Senator Lachman, do you wish to



                 speak on the resolution, without objection?











                                                        218







                            SENATOR LACHMAN:    Yes, Mr.



                 President.  I indicated that I would; I



                 obviously wasn't seen.



                            But after Senator Mendez spoke for



                 a few minutes, I'd like to be added as an



                 addendum to Senator Mendez.



                            Everything that was said about



                 Martin Luther King, Jr., was not only true but



                 accurate and should serve as a guideline for



                 us.  But what I would like to state is that



                 his message of nonviolence is probably one of



                 the most powerful forces in this nation and in

                 the world.



                            And as we look around us and we see



                 violence in the Middle East, in Northern



                 Ireland, and we hope it will not come about



                 between two nuclear powers, India and



                 Pakistan, over Kashmir, we should always be



                 reminded that justice will prevail through



                 nonviolence, as much if not more so than



                 through violence, in this nation and in other



                 nations around this world.



                            ACTING PRESIDENT BALBONI:    Thank



                 you, Senator Lachman.



                            Senator Montgomery, why do you











                                                        219







                 rise?



                            SENATOR MONTGOMERY:    Yes, Mr.



                 President.  May I be allowed one minute to



                 speak on the resolution?



                            ACTING PRESIDENT BALBONI:



                 Without objection, Senator Montgomery will



                 speak on the resolution.



                            SENATOR MONTGOMERY:    Thank you.



                            I also want to join my colleagues



                 in thanking Senator Bruno for putting forth



                 this resolution regarding the contributions by



                 Dr. Martin Luther King to our country.



                            And I would just like to go on



                 record in adding to all of the other things



                 that have been said that Dr. King, in addition



                 to all of the other attributes that our



                 remarks contain, he was an intellectual giant.



                            He was extremely well read and used



                 and based his formula for protest and movement



                 on what he knew and understood about great



                 leaders of the world, wherever they were,



                 because he had studied and he had been



                 extremely thorough in his research, and to



                 come to an understanding was really



                 remarkable.











                                                        220







                            The other aspect that I think is so



                 remarkable about him was that he, after much



                 consideration and trepidation -- and it must



                 have been an extremely difficult decision for



                 him to make, to in fact leave the potential of



                 being an extremely comfortable, middle-class



                 professor, perhaps in Yale or Harvard or



                 wherever, in Boston, and come back to the



                 South to wage a battle for which he would give



                 his life.



                            So I think there are so many



                 reasons and so many ways that we can celebrate



                 him and be proud of him.  But certainly it's



                 for what he sacrificed ultimately that we're



                 so thankful for.



                            So thank you again, Mr. President.



                            ACTING PRESIDENT BALBONI:    Thank



                 you, Senator Montgomery.



                            For the members in the chamber, the



                 resolution of Dr. Martin Luther King has



                 passed.  However, there has been an indication



                 from some members that they wish to continue



                 to speak.  We welcome those indications.



                            Senator Nozzolio.



                            SENATOR NOZZOLIO:    I simply rise











                                                        221







                 to add my support for this enduring legacy of



                 Dr. King.



                            Also, to share with my colleagues



                 that there is another New Yorker who shared



                 Dr. King's vision, who was probably one that



                 inspired that Dr. King.  And that is a



                 New Yorker from Auburn, New York, who led this



                 nation so that many who were enslaved could



                 become free.  And that genuine American and



                 genuine New York heroine is Harriet Tubman.



                            And I think it's certainly



                 appropriate, in this tribute to Dr. King, that



                 we also pause to remember the sacrifices and



                 the courage and the strength of Harriet Tubman



                 and how we someday may be, in this house,



                 deciding to support the appropriate



                 recognitions to that great American heroine as



                 well.



                            Thank you.



                            ACTING PRESIDENT BALBONI:    Thank



                 you, Senator Nozzolio.



                            SENATOR MORAHAN:    Mr. President,



                 is there any housekeeping at the desk?



                            ACTING PRESIDENT BALBONI:



                 Senator Morahan, I am informed that there is











                                                        222







                 not.



                            SENATOR MORAHAN:    That being the



                 case, I move that we adjourn until Wednesday,



                 January 23rd, at 11:00 a.m.



                            ACTING PRESIDENT BALBONI:    On



                 motion, the Senate stands adjourned until



                 Wednesday, January 23rd, at 11:00 a.m.



                            (Whereupon, at 3:50 p.m., the



                 Senate adjourned.)