Regular Session - January 13, 2009

                                                            140



         1

         2                  NEW YORK STATE SENATE

         3

         4

         5                THE STENOGRAPHIC RECORD

         6

         7

         8

         9

        10                   ALBANY, NEW YORK

        11                   January 13, 2009

        12                      11:12 a.m.

        13

        14

        15                    REGULAR SESSION

        16

        17

        18

        19  SENATOR NEIL D. BRESLIN, Acting President

        20  ANGELO J. APONTE, Secretary

        21

        22

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        141



         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT BRESLIN:    The

         3       Senate will please come to order.

         4                  I ask everybody to face the Flag

         5       and pledge allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT BRESLIN:    In the

         9       absence of clergy, may we bow our heads for a

        10       moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT BRESLIN:    The

        14       reading of the Journal.

        15                  THE SECRETARY:    In Senate,

        16       Monday, January 12, the Senate met pursuant to

        17       adjournment.  The Journal of Friday,

        18       January 9, was read and approved.  On motion,

        19       Senate adjourned.

        20                  ACTING PRESIDENT BRESLIN:

        21       Without objection, the Journal stands approved

        22       as read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        142



         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  The chair recognizes Senator Smith.

         8                  SENATOR SMITH:    Yes, Mr.

         9       President.  I have a resolution at the desk.

        10                  I ask that the resolution be read

        11       in its entirety and move for its immediate

        12       adoption.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senator Smith,

        16       Legislative Resolution Number 10,

        17       commemorating the 80th birthday of the

        18       Reverend Dr. Martin Luther King, Jr., and

        19       paying tribute to his life and

        20       accomplishments.

        21                  "WHEREAS, From time to time we take

        22       note of certain individuals whom we wish to

        23       recognize for their valued contributions and

        24       to publicly acknowledge their endeavors which



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        143



         1       have enhanced the basic humanity among us all;

         2       and

         3                  "WHEREAS, Attendant to such

         4       concern, and in full accord with its

         5       long-standing traditions, it is the intent of

         6       this Legislative Body to commemorate the

         7       80th birthday of the Reverend Dr. Martin

         8       Luther King, Jr., to pay tribute to his life

         9       and accomplishments, and to celebrate the

        10       23rd anniversary of the observance of his

        11       birthday as a national holiday; and

        12                  "WHEREAS, Martin Luther King, Jr.,

        13       was born January 15, 1929, in Atlanta,

        14       Georgia, to Alberta and Martin Luther King,

        15       Sr., whose maternal grandfather founded the

        16       Ebenezer Baptist Church, which the young

        17       Dr. King would be associated with for most of

        18       his life; and

        19                  "WHEREAS, Following his graduation

        20       from high school at the age of 15, Martin

        21       Luther King, Jr., earned a Bachelor of Arts

        22       degree from Morehouse College in 1948, a

        23       Bachelor of Divinity degree from Crozer

        24       Theological Seminary in 1951, and a doctorate



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        144



         1       from Boston University in 1955; and

         2                  "WHEREAS, in 1953, Martin Luther

         3       King, Jr., married Coretta Scott, who was an

         4       accomplished individual in her own right as a

         5       talented singer and a graduate of the

         6       prestigious New England Conservatory of Music.

         7       From this union came four children:  Yolanda,

         8       Martin III, Dexter, and Bernice; and

         9                  "WHEREAS, One year later, Martin

        10       and Coretta King arrived in Montgomery,

        11       Alabama, where he assumed leadership of the

        12       Dexter Avenue Baptist Church; and

        13                  "WHEREAS, Martin Luther King, Jr.'s

        14       leadership skills would be put to the test in

        15       early December of 1955, when Rosa Parks's

        16       refusal to remove herself from her seat in the

        17       whites-only section of the city bus triggered

        18       the 382-day Montgomery Bus Boycott, the first

        19       great Negro nonviolent demonstration of

        20       contemporary times in the United States; and

        21                  "WHEREAS, The bus boycott, which

        22       ended December 21, 1956, when the Supreme

        23       Court declared unconstitutional the laws

        24       requiring segregation on buses in the South,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        145



         1       propelled Martin Luther King, Jr. into the

         2       national spotlight; and

         3                  "WHEREAS, In 1957, Martin Luther

         4       King, Jr., was elected president of the

         5       Southern Christian Leadership Conference, an

         6       organization which formed to provide new

         7       leadership for the burgeoning civil rights

         8       movement, drawing their ideals from

         9       Christianity and strategy of nonviolent

        10       protest from Gandhi; and

        11                  "WHEREAS, At great danger to

        12       themselves, Martin Luther King, Jr., and his

        13       allies in the civil rights movement used

        14       nonviolence to call attention to the racial

        15       inequities that were pervasive throughout the

        16       South, as well as to call for full voting

        17       rights for African-Americans; and

        18                  "WHEREAS, Martin Luther King, Jr.'s

        19       commitment to racial equality was laid out in

        20       dramatic fashion on August 28, 1963, before

        21       200,000 Americans of all races, from all

        22       corners of the country;

        23                  "His well-known 'I Have A Dream'

        24       speech, where he spoke of a nation that would



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        146



         1       'rise up and live out the true meaning of its

         2       creed:  We hold these truths to be

         3       self-evident, that all men are created equal,'

         4       and where his four little children would 'one

         5       day live in a nation where they would be not

         6       judged by the color of their skin but by the

         7       content of their character'; and

         8                  "WHEREAS, Because of Martin Luther

         9       King, Jr.'s dedication and commitment to

        10       racial equality, today, in the 21st century,

        11       his dream has become a reality with the

        12       monumental election of Barack Obama as

        13       America's first African-American president;

        14       and

        15                  "WHEREAS, The Nobel Committee

        16       recognized both Martin Luther King, Jr.'s work

        17       as a civil rights leader and his moral stance

        18       against racism with the 1964 Nobel Prize for

        19       Peace at the age of 35, making him the

        20       youngest recipient of this prestigious honor;

        21       and

        22                  "WHEREAS, Martin Luther King, Jr.,

        23       saw beyond race to address important issues

        24       that affected all Americans, regardless of the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        147



         1       color of their skin, including the Vietnam

         2       War, economic injustice, and labor issues; and

         3                  "WHEREAS, By 1967, he had plans to

         4       initiate a Poor People's Campaign to bring

         5       much-needed attention to the issue of poverty.

         6       It was on this unforgettable date, April 4,

         7       1968, that Martin Luther King, Jr., was in

         8       Tennessee to support the black sanitation

         9       workers who were on strike when he was

        10       assassinated; and

        11                  "WHEREAS, Just as Gandhi had

        12       inspired Dr. Martin Luther King, Jr., so did

        13       his words inspire Nelson Mandela, as well as

        14       hundreds of thousands of black South Africans,

        15       to fight against the system of apartheid until

        16       it was also destroyed; and

        17                  "WHEREAS, Today, four decades after

        18       his death, Dr. King's commitment to racial

        19       equality and his tireless equality and his

        20       tireless efforts to make this country 'one

        21       nation, indivisible, with liberty and justice

        22       for all,' is still remembered not just by

        23       young and old Americans alike, but by men,

        24       women and children around the world who study



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        148



         1       his work, and his words, and are moved to

         2       action by his declaration that 'injustice

         3       anywhere is a threat to justice everywhere';

         4       and

         5                  "WHEREAS, A moving example of the

         6       high regard with which Dr. King is held

         7       globally is at London's Westminster Abbey,

         8       where his statue, along with those of nine

         9       other twentieth-century martyrs, adorn the

        10       west front end of this venerable cathedral;

        11       and

        12                  "WHEREAS, Upon the occasion of the

        13       observance of the 80th birthday of the

        14       Reverend Dr. Martin Luther King, Jr., this

        15       Legislative Body wishes to commemorate the

        16       lifelong struggle of the man who wanted to be

        17       known as a 'Drum Major for Peace'; now,

        18       therefore, be it

        19                  "RESOLVED, That this Legislative

        20       Body pause in its deliberations to commemorate

        21       the 80th birthday of the Reverend Dr. Martin

        22       Luther King, Jr., and to pay tribute to his

        23       life and accomplishments, and be it further

        24                  "RESOLVED, That copies of this



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        149



         1       resolution, suitably engrossed, be transmitted

         2       to the New York State Black, Puerto Rican and

         3       Hispanic Legislative Caucus, and to the family

         4       of the Reverend Dr. Martin Luther King, Jr."

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Smith.

         7                  SENATOR SMITH:    Yes, thank you

         8       very much, Mr. President.

         9                  Colleagues, today Martin Luther

        10       King would be 80 years old.  I think it is

        11       very fitting that on this particular day we

        12       recognize someone who clearly has been the one

        13       to bring change to this entire country.

        14                  And we ourselves still are

        15       experiencing and reaping the benefits of all

        16       that Martin Luther King stood for.  As you

        17       know, next week, one of those who stood on his

        18       shoulders will become the 44th President of

        19       the United States, Barack Obama.

        20                  I myself stand here on his

        21       shoulders as well, being the first

        22       African-American Majority Leader in the

        23       history of this state.

        24                  Many of my colleagues also are the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        150



         1       "first to be" in terms of moving to a place

         2       that Martin Luther King has always stood for,

         3       justice for everyone.

         4                  And I find it very interesting that

         5       yesterday we had a discussion about reform and

         6       bringing change to this chamber, allowing

         7       rank-and-file members to be equal partners.

         8       And I remember and recall a quote of Martin

         9       Luther King that "Injustice anywhere is a

        10       threat to justice everywhere."

        11                  I think yesterday we recognize that

        12       that injustice was that members of this house

        13       were not treated fairly and that we will no

        14       longer go down that path.

        15                  I think if Martin was still living

        16       here today, he would have came here this

        17       afternoon and would have been very proud of

        18       each and every one of our members, because he

        19       would have said this is the 62 that recognized

        20       that their actions are speaking louder than

        21       their words.

        22                  At 80 years old, I am sure he would

        23       have been very proud of each one of us.  And I

        24       think we owe it to our families, our



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        151



         1       constituents to continue on with his legacy.

         2                  And I am very proud to be able to

         3       stand here and say that had it not been for

         4       him, perhaps there would not be a Barack

         5       Obama.  Had it not been for him, perhaps there

         6       would not be a David Paterson.  Perhaps, if it

         7       was not for him, there would not be a Malcolm

         8       Smith or a Ruth Hassell-Thompson, who is now

         9       the first African-American woman in the

        10       history of this state to chair the Majority

        11       Conference.

        12                  So there's a lot of firsts,

        13       Mr. President.

        14                  And I would just hope that our

        15       colleagues recognize that it doesn't always

        16       matter what one says, what really matters is

        17       what one does.

        18                  And I think Martin Luther King has

        19       been tremendous for all of us, and we now have

        20       to take up that mantle and, from this day

        21       forward, remember everything that we do,

        22       someone will either change their lives as a

        23       result of what we do or perhaps they will be

        24       teaching some young person about you and what



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        152



         1       you stood for to try to move that young person

         2       to another place in their cycle of life that

         3       they will take up the responsibility to be a

         4       responsible person in society today.

         5                  So we salute Martin Luther King

         6       today, Mr. President.  I salute all of my

         7       colleagues.  Each and every one of you, in

         8       your own way, has a Martin in you, because you

         9       are now going to do something in the future

        10       that we all will be talking about at some

        11       point as we move on with our lives.

        12                  Thank you very much, Mr. President.

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Senator Smith.

        15                  Senator Larkin.

        16                  SENATOR LARKIN:    Thank you,

        17       Mr. President.

        18                  Thank you very much, Senator Smith,

        19       for introducing this resolution.

        20                  I probably am the only one in this

        21       room that has ever met Dr. King face to face

        22       in life.

        23                  But before Dr. King, I had the

        24       distinct pleasure of commanding troops, in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        153



         1       peace and war, who in those years were

         2       designated not African-American, but black.

         3       We went from the number 100th unit in Eighth

         4       Army, a year later we went to number one.  We

         5       went to number one because we believed in

         6       principles.

         7                  And those principles, as I look

         8       back now from '49 until the time I met

         9       Dr. King -- and I met him at Selma.  I was the

        10       Army's project officer on the visit to Alabama

        11       on the 14th of March, to address the late

        12       Governor Wallace and to ask him to activate

        13       his troops, for this.

        14                  "For what?" he said.  I said, "Very

        15       simple.  There is a peaceful march to show

        16       respect and dignity for everybody, for all

        17       Americans."  Not African-Americans, not black

        18       Americans, not Negro Americans, but Americans.

        19                  Because if you look at the march

        20       that took place, our governor's father, Basil,

        21       was in the front row.  There was a picture in

        22       the New York Times -- and I think we talked

        23       about this before, Senator Smith, with the

        24       Governor.  I didn't know that.  I was wearing



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        154



         1       suits like this in those days.

         2                  But it was a very interesting time.

         3       You know, Governor Wallace told me where I

         4       could go, and he told me where the President

         5       could go, and neither one of us were going to

         6       go there.

         7                  But at midnight that night on the

         8       14th, I went back to the government building

         9       in Montgomery and handed him his instructions

        10       to activate the National Guard on the orders

        11       of the President of the United States.

        12                  Now, Governor Wallace's comments

        13       were, "Dr. King doesn't understand," quote.

        14       The problem was that Wallace did not want to

        15       understand.

        16                  This was not about Dr. Martin

        17       Luther King.  And too many people today think

        18       it was about him.  It was about where we were

        19       going to go in this country.

        20                  We've made progress.  But in my

        21       meeting -- which took five minutes at the

        22       most, and then I dealt with Dr. Abernathy, who

        23       many of you know.  And the question was not

        24       what should we do but how should we do it.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        155



         1                  Dr. King said, "Just do me a favor.

         2       Make sure that we have organized and

         3       structured everybody so that there is no, no

         4       violence on this march."

         5                  Now, some of you are too young to

         6       remember -- Diane, you're too young to

         7       remember.  Even the Majority Leader is young

         8       to remember.  But what we did -- some of you

         9       might have done a little history study on it.

        10       But it was a major, major enterprise.

        11                  We brought troops from the signal

        12       group all the way from Ft. Lewis, Washington.

        13       We brought the 720 MP Battalion, from Ft.

        14       Hood, Texas.  We brought troops from Kentucky;

        15       from Ft. Gordon, Georgia; from Stewart.

        16                  And we did it.  The only rascal

        17       that tried to get out of line was Bull

        18       Connor -- some of you might remember that

        19       name -- with the bullwhip and his hose.  I had

        20       the distinct pleasure of meeting him with an

        21       FBI agent who was about six-foot-nine behind

        22       me, and told him:  "If you get out of line,

        23       I'll throw your ass" -- excuse my language --

        24       "in jail."



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        156



         1                  I've never seen him since.  I don't

         2       know where he's at today; he may be six feet

         3       under.

         4                  But the important part about it was

         5       the structure.  You know, we were in the

         6       basement of this church, small church.  And

         7       there was a young woman who's written a book,

         8       it's called "Selma, Selma, Selma."  And in it

         9       she says, "I never saw so many white people in

        10       one location before in my life."

        11                  Now, that march was scheduled from

        12       the 21st to the 25th of March.  We had all of

        13       the troops -- we had some of them lined up, we

        14       had marshals, Dr. King's people had marshals.

        15       And the goal was to get into Montgomery on the

        16       25th without any violence.

        17                  Some of you who ever read anything

        18       about the railroad -- probably Dale, from up

        19       in Buffalo area -- knows the railroads have

        20       these little jimmies that they go.  And we

        21       used to travel every day from today's position

        22       to tonight's position to ensure that there was

        23       no damage to the railcars.  We had ordnance

        24       explosive people look at the campsites where



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        157



         1       they would be that night.

         2                  Did it take a lot of time?  Yes.

         3       Did it take a lot of effort?  Yes.  Was it

         4       worth it?  One hundred times more.

         5                  What it showed us was that we had a

         6       mission as Americans.  And I go back to my

         7       days as a young company commander.  What you

         8       give to somebody and show them how to do it

         9       presents them with the goal of how to do it

        10       for themself and others in the future.

        11                  I'm very proud of my

        12       accomplishments on that mission.  And I hear

        13       people talk about Dr. King today.  My

        14       experience, there were a lot of Americans --

        15       not African-Americans, Americans.

        16                  Dr. King said, "I have a vision"

        17       when he met in August '63 in Washington, at

        18       the Mall.  What did he talk about?  He talked

        19       about his children, he talked about the

        20       future.

        21                  And then here in 1968, after going

        22       through that in '65, some idiot shoots him

        23       because of his participation with the

        24       sanitation workers in that hotel in Memphis.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        158



         1                  And, you know, what did it do to

         2       our nation?  It turned us into turmoil, riots,

         3       everything else.  Just because somebody didn't

         4       like the way somebody was doing something.

         5                  Dr. King and I disagreed on the war

         6       in Vietnam, but that's nothing.  Other people

         7       disagree on it.  But one thing I thought that

         8       he did is he tried to tell somebody to do

         9       something.

        10                  And I think, you know, to sit here

        11       today and sign onto a resolution and get home

        12       and send it to the NAACP or some church,

        13       that's -- big deal.

        14                  How about going back home and

        15       saying, to your church group or your small

        16       group -- as you mentioned to me, Senator

        17       Smith -- that we have to not read but

        18       introduce young people into what Dr. King

        19       meant?

        20                  Just to say "I like Dr. King and

        21       I'm so glad what he did," does that make us

        22       people of Dr. King?  No.  What makes us people

        23       is when we start to say stop the crime, stop

        24       this, get an education, move out and move



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        159



         1       forward.  That's what he was talking about.

         2       But too often we don't tell this to young

         3       people.

         4                  I'm proud to have been selected by

         5       the chief of staff of the Army to represent

         6       the Army and the American government at Selma

         7       in 1965.  It was an education.  It was an

         8       education for me, one that I've never

         9       forgotten.  Didn't get to meet the gentleman

        10       but five minutes, but in five minutes he told

        11       us the thing:  Let's do it, let's do it right.

        12       No violence.  And remember, everyone is born

        13       equal.

        14                  I'm glad, I thank you for putting

        15       in this resolution.  But I would like to make

        16       one other suggestion.  It was said that we

        17       will send it to this one, to that one, to this

        18       one.  I think we ought to send it to every --

        19       to the NAACP in New York, and the national,

        20       and tell them what New York did, what New York

        21       expresses, what New York would want.

        22                  Our young kids ought to be able to

        23       go there and say, "That picture in there is of

        24       Dr. King.  What did I know about him?"  And



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        160



         1       people start to talk about this, that, and the

         2       other.

         3                  But they forget.  He had a message.

         4       If you're just going to listen to that and not

         5       carry out some of these proposals, you have

         6       failed Dr. King.  You have failed his family.

         7       You have failed yourself.  We have failed

         8       ourself.

         9                  Because when we work together as a

        10       team, whether it's in this chamber here or

        11       outside of here for our fellow human beings,

        12       when we stop considering the aspect of our

        13       fellow human beings -- here's a gentleman who

        14       put his life on the line 44 years ago.  He

        15       knew that every time he stepped up, he was a

        16       target.

        17                  Let's make sure that we do today

        18       step forward and say, He was a target.  He was

        19       the goalkeeper.  Let us do something.  Because

        20       if we don't, we'll be here a year from today

        21       saying the same message.

        22                  Let's be here today and say, I will

        23       try to communicate with my communities to make

        24       them better citizens and to say, clearly and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        161



         1       upright:  Dr. King, thank you for your vision,

         2       thank you for your leadership, and may God

         3       bless you all.

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator Larkin.

         6                  Senator Parker.

         7                  SENATOR PARKER:    Thank you,

         8       Mr. President.  On the resolution.

         9                  ACTING PRESIDENT BRESLIN:    You

        10       may proceed.

        11                  SENATOR PARKER:    Let me first

        12       thank Senator Smith for introducing this

        13       resolution and commemorating this important

        14       day.

        15                  Thursday, January 15th, will be the

        16       80th birthday of the Reverend Dr. Martin

        17       Luther King, Jr.  And it's critically

        18       important for everybody in this room, in this

        19       nation, in this state.

        20                  What would have been his

        21       80th birthday really gives us a time to

        22       reflect, because there certainly would not

        23       have been a President-elect Barack Obama, a

        24       David Paterson, a Governor David Paterson, a



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        162



         1       President Pro Tem and Majority Leader Malcolm

         2       A. Smith.  There would not have been a

         3       Majority Conference Chair Ruth

         4       Hassell-Thompson, or a Majority Whip of

         5       myself, if it had not been for the things that

         6       Dr. King believed and fought for for this

         7       country.

         8                  His message of nonviolent action --

         9       and people remember the nonviolence, and

        10       people very much try to forget the action.

        11       And let me just note that the actions that he

        12       took, sitting at lunch counters, protesting

        13       both governments and private institutions that

        14       in fact at that time were practicing Jim Crow

        15       in the South in the 1950s and 1960s, these

        16       were very, very, very dangerous things he was

        17       doing.

        18                  It's not like now.  You know, and

        19       we look at modern-day civil rights leaders

        20       who, you know, are disrupting sometimes in our

        21       city and our state and they get arrested.  But

        22       getting arrested in 2006 or 2007 or 2008 in

        23       New York City is different than the 1950s,

        24       1960s, in Alabama, in Georgia, in Tennessee,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        163



         1       in South Carolina.

         2                  People were getting arrested and

         3       not knowing whether they were even going to

         4       ever emerge again from those prisons, from

         5       those jails that they were being held in.

         6       People were beaten.  People had dogs sicced on

         7       them.  People were, you know, hosed down with

         8       high-pressure water hoses.  I mean, this was a

         9       significant amount of violence.

        10                  And in the face of that, Dr. King

        11       embodied the philosophies of Mahatma Gandhi

        12       and David Thoreau -- and Christ, quite

        13       frankly -- and said, We should turn the other

        14       cheek.  That we should in fact confront

        15       violence with an action that does not involve

        16       violence.

        17                  And now this seems like a kind of

        18       commonplace thing, but then it was really the

        19       hot property.  Because on the other hand you

        20       had other leaders who were in fact not looking

        21       at that -- you know, at that modality as the

        22       way to go.  And there was really a hot debate,

        23       both within the larger civil society of

        24       America but particularly within black and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        164



         1       Latino communities, about how you in fact

         2       address the problem of de jure segregation and

         3       racism, both institutional and individual.

         4                  At a time when people were being

         5       lynched literally daily, Dr. King had really

         6       the leadership and the vision and the

         7       prophetic message to go out there and to

         8       organize people.

         9                  See, people think that his greatest

        10       gift are the words that he spoke.  Quite

        11       frankly, that was the least of it.

        12                  If you look at what the enduring

        13       contribution of Dr. King was, it's really

        14       about organizations.  It's really about

        15       looking at the Southern Christian Leadership

        16       Conference and really looking at SNCC, the

        17       Student Nonviolent Coordinating Committee, and

        18       looking at organizations like the NAACP and

        19       the Urban League and CORE, the Congress of

        20       Racial Equality.

        21                  It is really -- because movement

        22       happens not by individuals but by

        23       organizations.  And the ability for -- and

        24       again, these things seem like, you know, why



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        165



         1       are you saying this, because it's kind of

         2       commonplace now.  But at that time, organizing

         3       African-Americans against racism and Jim Crow

         4       was not an easy thing.

         5                  NAACP, you know, they meet in

         6       Brooklyn, and Bed-Stuy Restoration, you know,

         7       monthly.  Nobody says -- no press conferences.

         8       Nobody pays attention.

         9                  But to organize an NAACP chapter,

        10       you know, in Tuscaloosa, Alabama, in

        11       1950-something was tantamount to committing

        12       mass suicide.

        13                  And so when we look at Dr. King's

        14       contribution, we should contextualize it at

        15       the time that it was and understand that we

        16       are here and walk the streets in relative

        17       safety to those times because of the

        18       contributions and the organization of

        19       Dr. King.

        20                  And I'll wrap up, Mr. President.

        21                  Everybody knows King from the March

        22       on Washington and the great "I Have A Dream"

        23       speech.  But remember when Dr. King went to

        24       Washington, he went to cash a check.  And



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        166



         1       unlike many of us who to go cash, you know,

         2       our well-paid government checks, he went to

         3       cash a check on the promise that America had

         4       made to give people an opportunity, of this

         5       being the land of the free and the home of the

         6       brave.

         7                  And when he went there, he said

         8       that the check of freedom had been marked

         9       "insufficient funds."

        10                  Let me say to you today that with

        11       the election of Barack Obama and having David

        12       Paterson as our Governor and Malcolm Smith as

        13       our Majority Leader, the debt has not been

        14       paid yet, but we are beginning to put a down

        15       payment on freedom for everybody in this

        16       country.

        17                  It is frankly not until we start

        18       dealing with things like unequal economic and

        19       employment opportunities in this country are

        20       we going to be able to say that that debt has

        21       been fully paid.

        22                  It's not until we get rid of health

        23       disparities in this country, particularly

        24       amongst African-Americans -- who are the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        167



         1       leaders in every single major detrimental

         2       health disparity in this country, whether

         3       you're talking about AIDS or colon cancer or,

         4       you know, just even the common cold -- until

         5       we're able to deal with those health

         6       disparities, we will not be able to say,

         7       Mr. President, that this has been paid in

         8       full.

         9                  Until we in fact make sure that the

        10       housing opportunities for everyone in this

        11       country are the same -- until we in fact see

        12       marriage equality in this country -- we're not

        13       going to be able to say that we have marked

        14       Dr. King's check of freedom "paid in full."

        15                  Because, as Dr. King reminded us,

        16       injustice anywhere is a threat to justice

        17       everywhere.  And that this message was not

        18       simply about African-Americans, it was about

        19       everyone.  It was about everyone.

        20                  It was about making sure that there

        21       was justice for women, making sure there was

        22       justice for Latinos and Asians, for whites,

        23       making sure that there was justice for any

        24       group that might be discriminated against or



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        168



         1       being threatened or hurt.

         2                  That that is in fact the shining

         3       city on the hill that we're still trying to

         4       climb to.  And we're not there yet.  But

         5       hopefully, that in this body, we will in fact

         6       make Dr. King's message valid and, as Senator

         7       Larkin said, in fact make it embodied in our

         8       actions every single day.

         9                  As we leave this chamber today,

        10       that we will be refortified with the message,

        11       the life and the legacy of Dr. King, and that

        12       we will bring those messages to our districts.

        13                  And not just giving the speeches

        14       over the next week, but indeed, as we in fact

        15       craft that legislation, as we in fact deal

        16       with community-based organizations, as we look

        17       at how we in fact balance a budget with a

        18       $15 billion deficit, in those things, that's

        19       the time that we need to be embodying Dr.

        20       King's message.

        21                  This Monday I actually am holding

        22       an MLK event called "The Shared Dream."  It's

        23       a tribute to the life and legacy of the

        24       Reverend Dr. Martin Luther King in words and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        169



         1       song.

         2                  I'm going to take this opportunity

         3       to extend the invitation personally to all my

         4       colleagues here, and to their constituents.

         5       It's going to be in my district, but it's not

         6       going to be limited to those folks.

         7                  It's a free gospel concert.  We're

         8       celebrating the day in a way that I think that

         9       Dr. King would have celebrated it, by lifting

        10       the name of his Savior, of his Christ, and

        11       remembering where he got his inspiration from.

        12                  So it will be 5:30 the doors open

        13       at Brooklyn College, at the Walt Whitman

        14       Theater.  Again, I welcome all of you.  We're

        15       going to have a great gospel concert.  It's

        16       going to feature a good friend and somebody

        17       who is just a real genius as it relates to

        18       gospel music, Kurt Carr and the Kurt Carr

        19       Singers.

        20                  And so that is a small way in which

        21       I bring to my district and try to bring to the

        22       state -- this actually turned out, with over

        23       2,000 people, to be the second-largest MLK

        24       event in the City of New York.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        170



         1                  And so I look forward to our

         2       continued work together and, day by day,

         3       living the legacy of Dr. King.

         4                  Thank you very much, Mr. President.

         5                  ACTING PRESIDENT BRESLIN:    Thank

         6       you, Senator Parker.

         7                  Senator Hassell-Thompson.

         8                  SENATOR HASSELL-THOMPSON:    Thank

         9       you, Mr. President.

        10                  I too would rise to congratulate

        11       our Leader on bringing this resolution to the

        12       floor and giving us an opportunity to continue

        13       to lift the name of Dr. Martin Luther King in

        14       praise and certainly in gratitude for all of

        15       the things that he did that allowed us to be

        16       in this place.

        17                  Senator Larkin, you're not the only

        18       person in this chamber who has ever met

        19       Dr. King.  I too had the great fortune.

        20                  In the City of Mount Vernon, one of

        21       its oldest churches -- in fact, its oldest

        22       Baptist church -- is Grace Baptist.  And he

        23       came to Grace Baptist Church to bring his

        24       message of hope and bring his message of true



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        171



         1       freedom.  And I was one of those very

         2       fortunate people who could get into the

         3       church.

         4                  I mean, there were crowds waiting

         5       almost a block away, attempting to be inside.

         6       And I was one of those who was inside and had

         7       the opportunity to actually shake his hand.

         8                  And at that moment, for me, I think

         9       it helped to seal the commitment that I have

        10       tried to make and the walk that I have tried

        11       to walk to ensure that my life would reflect

        12       gratitude for the dream that he believed and

        13       certainly one that he lived.

        14                  And I think that when I speak each

        15       year on this resolution I continue to convey

        16       the message that while I was not the kind of

        17       person that could have made those marches,

        18       because I didn't have the temperament for

        19       those marches, but I certainly had the heart

        20       for what the work of Dr. King was about.

        21                  And so I admonish all of us to

        22       continue to walk in that light, because he

        23       brought a message, he brought a -- he was a

        24       liver of the dream.  He was a person who



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        172



         1       believed in what he spoke about.

         2                  Some of us speak rhetorically.  But

         3       as I heard our Leader say, we pay attention

         4       not so much to what people say, but to what

         5       they do.  And in that posture, if we watch

         6       each other and if we help each other, we will

         7       continue to live out the dream.

         8                  We have an obligation.  We took a

         9       sworn oath not only to support the

        10       Constitution of the United States and the

        11       Constitution of the State of New York but

        12       also, in that process, we took an oath to

        13       serve.  And if we serve, if we do the best

        14       that we can, then we will live out the dream.

        15       We will create laws and we will break down

        16       barriers that keep people from having the

        17       opportunities that they can have in life.

        18                  And so thank you, Mr. President,

        19       for the opportunity to stand with others as we

        20       commemorate one of our greatest leaders in

        21       this country today.

        22                  ACTING PRESIDENT BRESLIN:    Thank

        23       you, Senator Hassell-Thompson.

        24                  Senator Stewart-Cousins.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        173



         1                  SENATOR STEWART-COUSINS:    Thank

         2       you, Mr. President.

         3                  I too rise to commend our Leader,

         4       Malcolm Smith, for putting forth this

         5       resolution and having us spend these moments

         6       to commemorate the legacy and the life of

         7       Dr. King.

         8                  On January 15, 2009, my grandson,

         9       Kendall Xavier Cousins, will celebrate his

        10       sixth birthday.  It will be five days before

        11       President Barack Obama takes the oath of

        12       office.

        13                  He will continue his life in a

        14       state that has Governor David Paterson and

        15       Majority Leader Senator Malcolm Smith.  He

        16       will have a grandmother who's a Senator.  And

        17       he will know of the amazing times that he was

        18       born into.

        19                  He won't know, unless we tell him,

        20       of the stories that his great-grandparents

        21       went through.  And I'll have to remind him

        22       that my mother and father didn't believe, as I

        23       stand here and relate this on a yearly basis,

        24       didn't believe that Dr. King could do what he



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        174



         1       said he could do.

         2                  My parents didn't believe that the

         3       heart of America could open.  They didn't

         4       believe that black people in America could

         5       achieve the success that he inspired the world

         6       to believe America could achieve.

         7                  My parents, as they went through

         8       menial jobs, no jobs, as they were told again

         9       and again because of the color of their skin

        10       they could not go to school, they could not go

        11       to college, they could not have a living wage,

        12       they could not do.

        13                  My parents, despite whatever they

        14       had personally achieved, believed that it was

        15       better for us to just work hard in our own

        16       little lives and not depend on the dreams of a

        17       Dr. King, who might leave us after he'd gone

        18       on to glory and even a worse place.  They

        19       were, on many levels, afraid.

        20                  And every time we saw the images of

        21       the dogs and the jail and we understood that

        22       people got lynched and chastised for daring to

        23       stand up, on some level my parents said:  You

        24       see?  We were right.  Just take a moment.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        175



         1                  But what all of us didn't recognize

         2       as we were looking at what was happening out

         3       there is that the seeds were being planted.

         4       That the hope, the inspiration, the vision --

         5       regardless of what it looked like -- was

         6       taking hold.  And moment after moment, this

         7       society, this America, black people in

         8       America, were growing.

         9                  And as we grew, things moved.  And

        10       although Dr. King knew he would not see the

        11       vision realized, we every day realize that his

        12       vision is here.

        13                  So as Kendall celebrates his

        14       birthday on the 15th, coming into a very

        15       different world than his ancestors knew, I

        16       want to remind Kendall and all the Kendalls --

        17       and all of us -- that our actions do speak

        18       louder than words.

        19                  We do need a messenger who

        20       rhetorically can lift us to those heights.

        21       But every single action creates an

        22       opportunity.  Our actions here, our actions in

        23       our lives make the vision that we aren't even

        24       brave enough to see come true.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        176



         1                  So as we celebrate this, I hope

         2       that we understand that our moments of living

         3       give life to the vision that is brighter and

         4       stronger than even Kendall can realize.

         5                  Thank you.

         6                  ACTING PRESIDENT BRESLIN:    Thank

         7       you, Senator Stewart-Cousins.

         8                  Senator Perkins.

         9                  SENATOR PERKINS:    Thank you,

        10       Mr. President.

        11                  And I want to thank Senator Smith,

        12       our Leader, for giving us the opportunity to

        13       reflect and recommit on this very, very

        14       important life, this very, very important

        15       individual that so many of us have been

        16       influenced by, that has made such an important

        17       difference to our nation and to the world, for

        18       that matter.

        19                  And, you know, you mentioned

        20       injustice anywhere is injustice everywhere.

        21       And for the most part, we tend of think of

        22       Dr. King as a civil rights leader of great

        23       influence and importance.  But actually, his

        24       leadership is perhaps more germane now beyond



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        177



         1       civil rights than ever before.

         2                  Because quite frankly, we may

         3       remember that when he died, when he was

         4       assassinated, it was not a civil rights

         5       journey, it was on an economic justice

         6       journey.  It was on an economic justice rights

         7       journey.

         8                  And in fact, he was on his way to

         9       Washington as we are, some of us, next week.

        10       But not to celebrate, unfortunately, the

        11       president, or the agenda of the president.  In

        12       fact, quite the opposite, to criticize that

        13       agenda and to demand, in a Poor People's

        14       Campaign, that this nation had a

        15       responsibility to address the economic crisis

        16       that the poor, especially, were experiencing.

        17                  And as we have the privilege here

        18       in this really momentous time to address a

        19       similar crisis in this state, I would hope

        20       that in the spirit of Dr. King that we

        21       remember, as we maneuver this budget, this

        22       very challenging budget, that we do not

        23       victimize the poor anymore than they already

        24       are.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        178



         1                  That we recognize, as Dr. King I

         2       believe would recognize, that there are those

         3       who have more who can give more.  And that as

         4       we begin to try to balance out the inequities,

         5       that we look to those who have more to help

         6       those who have less.

         7                  And that when we do get the

         8       opportunity to celebrate Barack Obama and the

         9       history-making that he is about to bring

        10       forward, that we celebrate it with Dr. King's

        11       agenda in mind -- not just a civil rights

        12       agenda but, very more importantly, the

        13       economic justice agenda.

        14                  And let me just say one other thing

        15       in conclusion.  Dr. King made an extraordinary

        16       speech that some of us remember first at

        17       Riverside Church in New York City, in my

        18       district, and then again in a very remarkable

        19       moment at the United Nations, embracing

        20       Stokely Carmichael.

        21                  Stokely Carmichael and Dr. King, as

        22       you know, were at odds from different points

        23       of view, sort of in the spirit, I think, that

        24       Senator Thompson was talking about, because



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        179



         1       Stokely was radical, young, aggressive,

         2       militant, Student Nonviolent Coordinating

         3       Committee, and Dr. King was considered to be

         4       different and civil rights and peace.

         5                  But they embraced because at that

         6       point they both stood against a war, at the

         7       United Nations, that was diverting resources

         8       from the agenda of the people in the

         9       country -- dollars, many, many dollars, sort

        10       of like what's happening right now with the

        11       Iraq War.

        12                  And so we have to keep that kind of

        13       memory of Dr. King as legislators with the

        14       privilege of making the difference, because he

        15       really was talking to us when he decided to go

        16       to Washington.  He wasn't talking to Wall

        17       Street, he was talking to those of us that

        18       have the privilege of really making the

        19       difference.

        20                  He recognized the awesome

        21       opportunities that we have, more so perhaps

        22       than we would recognize it, and was

        23       sacrificing his life in order to convince us

        24       that we can make a difference.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        180



         1                  And I hope that we will try to do

         2       that here in this historic moment in state

         3       government, again in the historic moment

         4       that's going to take place in Washington.

         5                  And I just want to say I didn't get

         6       a chance to meet him, though I must say that

         7       my first, most significant introduction to

         8       this was at the Poor People's Campaign in

         9       Washington, D.C., where I had the opportunity

        10       to organize and to attend and spend some time

        11       down there.

        12                  So when I go down next week, I will

        13       be going down remembering the Poor People's

        14       Campaign, remembering those tents that were

        15       down there, those folks that came from all

        16       over the country -- from Appalachia, from

        17       Harlem, from all the communities that were

        18       desperately in need of the influence of

        19       government to make a difference in their life.

        20       And that's the spirit in which I will be

        21       attending it.

        22                  So I want to thank you again for

        23       reminding me of how important is that aspect

        24       of Dr. King's life.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        181



         1                  Thank you.

         2                  ACTING PRESIDENT BRESLIN:    Thank

         3       you, Senator Perkins.

         4                  Senator Diaz.

         5                  SENATOR DIAZ:    Thank you,

         6       Mr. President.  On the resolution.

         7                  ACTING PRESIDENT BRESLIN:    You

         8       may proceed, Senator Diaz.

         9                  SENATOR DIAZ:    Mr. President, I

        10       never met Martin Luther King, never worked

        11       with him, never saw him in person.  But today

        12       I'm joining my colleagues and my Leader,

        13       Malcolm Smith, in being part of this

        14       resolution.

        15                  Yesterday, yesterday here on this

        16       floor, something great happened, and I don't

        17       want that to go unnoticed.  My colleague,

        18       Senator Parker, said that the debt on the

        19       black community has not been paid, that just a

        20       payment has been done.  And yesterday

        21       something happened here because, thanks to the

        22       effort of Martin Luther King, his death, and

        23       all his achievements, people have been

        24       getting -- we all have been getting benefits.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        182



         1                  Yesterday, on this floor, our

         2       Hispanic community got something that we never

         3       had.  Something -- two things we got

         4       yesterday.  In the person of my colleague

         5       Pedro Espada, we have a position in our

         6       community that we never had before.  So

         7       yesterday our Leader, Malcolm Smith, appointed

         8       Pedro Espada, and we all rejoiced in the

         9       Hispanic community for what we have gotten.

        10                  But not only Pedro Espada.

        11       Yesterday here also, for the first time in the

        12       history of this chamber, a Hispanic Senate

        13       Secretary was appointed in the person of

        14       Angelo Aponte.

        15                  So we in the Hispanic community,

        16       Senator Parker, our debt has not been paid,

        17       just a little deposit has been made.

        18                  I rejoice in the achievement of my

        19       brothers and sisters in the Afro-American

        20       community -- Barack Obama, like Parker said,

        21       David Paterson, Malcolm Smith.  But we in the

        22       Hispanic community also are fighting to get

        23       our share of it.  So we started.  We started

        24       yesterday, we started this year, in the person



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        183



         1       of Pedro Espada and in the person of Angelo

         2       Aponte.

         3                  So I never met Martin Luther King,

         4       never worked with him, never saw him.  But let

         5       me tell you what I saw and what I know,

         6       Mr. President.

         7                  In 1960 I was 18 years old in

         8       Puerto Rico, running in the street in Puerto

         9       Rico.  But there was a conflict in Vietnam,

        10       and when I got to be 18, I went, voluntary,

        11       and joined the United States Army so I could

        12       go and fight for my country.  I didn't know

        13       anything.  I was -- I didn't even know that I

        14       was black when I was in Puerto Rico.  I didn't

        15       know I was black, 18 years old, running,

        16       playing, innocent.  I didn't know.

        17                  Then I joined the Army in

        18       Puerto Rico, and I was sent, in 1960, I was

        19       sent to Columbia, South Carolina, to

        20       Ft. Jackson, to get my basic training.  Martin

        21       Luther King was not yet working for -- it was

        22       1960.

        23                  And when I got to Columbia, to

        24       Ft. Jackson in Columbia, South Carolina, I was



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        184



         1       traveling from Puerto Rico with all my white

         2       brothers and sisters from Puerto Rico.  I was

         3       the only black.  But I didn't even -- I didn't

         4       know I was black until I got to Columbia,

         5       South Carolina.

         6                  Then I found out what I was.  Then

         7       I found out something that until today I know,

         8       and people don't know, that I'm black and

         9       Hispanic, and that I'm in a limbo stage.

        10                  Because when I went to Columbia,

        11       South Carolina, with my white and Hispanic

        12       fellows and we went to a bar, all of us

        13       Puerto Ricans, and we all sat down in a bar in

        14       Columbia, and the waiter came and took their

        15       orders, and they all ordered beers, and the

        16       waiter turned his back on me and walked away.

        17                  And I called him and said, "I want

        18       a beer too."  He told me, "Whatever you're

        19       looking for, we haven't got it."

        20                  So I turned to my colleagues from

        21       Puerto Rico, my Puerto Rican friends, white,

        22       and said, "What happened?"  They told me, "He

        23       doesn't want to serve you."  "So what do I

        24       do?"  They told me:  "You have to leave."  And



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        185



         1       I left, alone, while my fellow Puerto Ricans

         2       stood there in the bar.

         3                  So we black Hispanics, we're in the

         4       limbo stage.  And when there is a fight

         5       between black and Hispanic, I don't even know

         6       who I am.  For the black, I'm Hispanic; and

         7       for the Hispanic, I'm black.

         8                  (Laughter.)

         9                  SENATOR DIAZ:    So then when I'm

        10       in Columbia, South Carolina, I start to notice

        11       things that I have never noticed before.

        12                  When I went back to Puerto Rico, I

        13       start seeing things.  For example, I started

        14       to notice that the governor of Puerto Rico,

        15       his cabinet, they were white, and there is no

        16       black, Hispanic.

        17                  So then you start to question

        18       yourself:  Are we brutes?  Are we dumb?  Is

        19       there no black, Hispanic capable to occupy one

        20       of those positions?

        21                  Martin Luther King started to work,

        22       started to work.  And we're all praising

        23       Martin Luther King and we are joining together

        24       praising the memory of Dr. Martin Luther King.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        186



         1                  But ladies and gentlemen, yesterday

         2       the Hispanic community got two major steps.

         3       And Parker, when you talk about to pay the

         4       debt on the black community, remember that

         5       we're in line too there and we need to be also

         6       equal or at least considered also in position.

         7                  We join the nation and the

         8       Afro-American community in the pride of naming

         9       Barack Obama the first black president.  I

        10       mean, first black president.

        11                  I need to feel proud to also name

        12       the first Hispanic president, the first

        13       Hispanic mayor of the City of New York, the

        14       first Hispanic -- not only the position we've

        15       got, this, but maybe the first Hispanic

        16       majority leader here one day.

        17                  So we also are fighting to achieve

        18       what you have achieved.  And we are proud and

        19       we also would like you all to join us in our

        20       struggle to achieve what you have achieved,

        21       because you have achieved big time.  So even

        22       though your debt has not been paid in full,

        23       hey, I wish to be in your shoes.

        24                  (Laughter.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        187



         1                  SENATOR DIAZ:    So, Mr. President,

         2       I'm proud to be here.  I'm proud to be part of

         3       the first Puerto Rican to be appointed, in the

         4       person of Pedro Espada, into that position,

         5       and that the Hispanic community feels proud

         6       and honored to have played a part in that

         7       position.

         8                  I'm proud.  I'm proud to be part of

         9       naming the first Afro-American Majority

        10       Leader.  And I'm proud to be part of naming

        11       the first Hispanic Secretary of the New York

        12       State Senate.

        13                  We're still fighting, still more to

        14       go.  The three amigos are still together.  The

        15       three amigos will keep fighting for more.

        16                  (Laughter.)

        17                  SENATOR DIAZ:    It is not done

        18       yet.  So don't blame us.  We got to keep

        19       fighting.  We got to keep fighting.  We got to

        20       keep strong.

        21                  Thank you, the Majority Leader,

        22       Malcolm Smith, for this resolution.

        23                  And thank you, Mr. President, for

        24       this opportunity.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        188



         1                  ACTING PRESIDENT BRESLIN:    Thank

         2       you, Senator Diaz.

         3                  Senator Savino.

         4                  SENATOR SAVINO:    Thank you,

         5       Mr. President.

         6                  I'm not quite sure how to follow

         7       Reverend Diaz.

         8                  I'd like to thank Senator Smith for

         9       having brought this resolution.  And as we

        10       reflect on the 80th birthday of Dr. Martin

        11       Luther King, 44 years after his untimely

        12       death -- 50 years, I think, since the March on

        13       Washington, the "I Have A Dream" speech -- I

        14       think it's interesting to look at where we are

        15       in this place in history.

        16                  Certainly many would argue that

        17       Dr. Martin Luther King was one of the greatest

        18       community organizers this country has ever

        19       seen.  We are on the verge now of installing a

        20       president who many have kind of mocked during

        21       the campaign as nothing but a community

        22       organizer, and yet we see what community

        23       organizers can accomplish.

        24                  The history books tell us of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        189



         1       Dr. King's place in the civil rights movement,

         2       and they teach us about the Poor People's

         3       Movement that Senator Perkins spoke about so

         4       eloquently, and his fight against economic

         5       injustice and eradicating discrimination and

         6       tearing down barriers and walls.  And all of

         7       those things are well-documented, and most of

         8       us know about it.

         9                  But what the history books rarely

        10       focus on and they mostly gloss over is what

        11       Dr. King was doing in Memphis on that fateful

        12       day in April of 1968.

        13                  Because he was as committed to

        14       workers' rights as he was to civil rights, to

        15       women's rights.  And he was in Memphis

        16       assisting a bunch of sanitation workers who

        17       were represented by an AFSCME local but who

        18       experienced great discrimination by the City

        19       of Memphis and the Department of Sanitation.

        20                  Workers who were not issued

        21       uniforms; black sanitation workers were not

        22       entitled to uniforms.  They couldn't ride in

        23       the truck.  They weren't allowed to pick up

        24       garbage in white neighborhoods.  They weren't



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        190



         1       allowed to eat lunch, and they were not

         2       allowed to come inside out of the rain.

         3                  And in fact, on one day two workers

         4       seeking refuge from the rain sat in the back

         5       of a truck, the truck malfunctioned, and they

         6       were both crushed to death in the back of that

         7       truck.

         8                  And as egregious as that was, what

         9       followed next by the City of Memphis was

        10       worse.  They refused to compensate those two

        11       workers or their families for the loss of

        12       their lives, not providing them the money to

        13       even give them a decent burial.  And that

        14       finally led those workers to rise up and go on

        15       strike.

        16                  And that became a crisis in the

        17       City of Memphis, that this group of workers,

        18       this ragtag group of workers, would actually

        19       go on strike and threaten sanitation services

        20       in the City of Memphis.

        21                  And Dr. King left Washington, where

        22       he was advocating on the Poor People's

        23       Movement, fighting for civil rights for

        24       everybody, and he went to Memphis to assist



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        191



         1       those workers.  And it was there where he was

         2       killed.

         3                  Now, as Senator Larkin said, I was

         4       too young to know Dr. Martin Luther King.  And

         5       I didn't have the privilege that Senator

         6       Hassell-Thompson had to have ever met him.  I

         7       read about him in the history books.

         8                  But I was a young activist in an

         9       AFSCME local myself, and in 1993 I got on a

        10       bus with thousands of other people and we went

        11       for the 30th anniversary of the March on

        12       Washington.

        13                  And I remember that day.  It was

        14       brutally hot.  It was about 105 degrees, and

        15       you know what Washington is like in the

        16       summertime.  The humidity is brutal.

        17                  And I sat there on the lawn and I

        18       looked out.  Three million people had come for

        19       that anniversary.  People Senator Larkin's

        20       age, who experienced it the first time, who

        21       lived through Dr. King, met him, heard his

        22       message live, didn't read about him in the

        23       history books.  People who were there who then

        24       brought their grandchildren, they wanted them



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        192



         1       to see a piece of history.

         2                  And the message of Dr. King was so

         3       crystal-clear then as I sat there and I looked

         4       out and I saw 3 million people from all walks

         5       of life, every race, every creed, every color.

         6       Rich people, poor people.  Working people.

         7       Unemployed people.  People interested in

         8       economic justice and social justice and

         9       equality for all.

        10                  His message was alive that day on

        11       the Mall, and his message was alive on

        12       November 4th when Barack Obama was elected to

        13       be President of the United States.  His

        14       message echoes through him.  We saw that at

        15       the polls when we saw people come from every

        16       race, creed, color, walk of life and economic

        17       status, to vote for hope and change and a

        18       message of equality.

        19                  And a message that Dr. King started

        20       put us on a path on a campaign that we have

        21       not yet accomplished, as Senator Parker said

        22       and Senator Diaz has said.  But we are on our

        23       way.  His message is alive.  It's alive here

        24       in this chamber, and it will be alive next



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        193



         1       week when Barack Obama takes the oath of

         2       office.

         3                  And it will be alive in all of us

         4       as long as we remember Dr. King's commitment

         5       to civil rights, workers' rights, women's

         6       rights, and the rights of all Americans.

         7                  Thank you.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator Savino.

        10                  Senator Robach.

        11                  SENATOR ROBACH:    Yes, very

        12       briefly, Mr. President.

        13                  I too rise to proudly support this

        14       resolution.  We've heard a lot of great things

        15       about what Dr. King accomplished and did, and

        16       there is no doubt about that.  He made our

        17       country better, not just for some but for all.

        18                  But I want to just take a minute.

        19       I think what is so outstanding about Dr. King

        20       is really, as much as his accomplishments, the

        21       character of the individual.  We constantly

        22       look for heroes today and sometimes people say

        23       there are none.  He clearly overcame a lot to

        24       accomplish what he wanted to and let nothing



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        194



         1       stop him.

         2                  Sometimes we say actions speak

         3       louder than words.  Dr. King was truly someone

         4       who was not only the great word, from the "I

         5       Have A Dream" speech, to judging someone by

         6       the content of their character, not the color

         7       of their skin or what their ethnicity was --

         8       even some of the most simplistic quotes, but

         9       the great ones:  Never the wrong time to do

        10       the right thing -- but he was even more so a

        11       person of action.

        12                  When you think of what he had to

        13       endure -- he wasn't violent, he didn't strike

        14       back, he took the abuse, he took jailing, he

        15       took being spit at, had rocks thrown at him,

        16       even in some cases probably treated poorly

        17       even by those in authority to get the result

        18       he wanted.

        19                  He was about action, about truth,

        20       and about getting a result and sometimes I

        21       think that, besides human relations and race

        22       relations, was a true example to everyone in

        23       society to try and follow those ideals,

        24       whether we're in this chamber, whether we're



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        195



         1       outside in the outside world.

         2                  And I'll end with this.  While

         3       people have talked about a lot more work to

         4       get done, I think this little equation in my

         5       family, or little story, epitomizes where

         6       we've gotten to.

         7                  I'm usually one of the last people

         8       on the curve and fought even getting cable

         9       television from my wife for years, and this is

        10       probably even going back maybe a little bit

        11       more than ten years ago, because I think at

        12       the time my kids were about 8, 6 and 4.

        13                  And I had the new cable television,

        14       and I had the History Channel on, and they

        15       were showing this documentary about civil

        16       rights, and they were cutting from Rosa Parks

        17       to Martin Luther King and some of the things

        18       that transpired in this movement, and they cut

        19       to a scene from Democratic Convention in the

        20       '60s where the police were spraying and

        21       whacking people with these long -- not billy

        22       clubs, these long sticks that we don't have

        23       that in the police department where I live.

        24                  And I was sitting on my couch, and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        196



         1       my kids were kind of playing behind me, and I

         2       was going through mail and kind of watching

         3       this, and I looked up, and here's all three of

         4       my children with their hands on the couch,

         5       their eyes this big.

         6                  And they're used to playing sports,

         7       going to school, going to church with people

         8       of every group.  And they said to me, "Dad,

         9       what country is that in where this is

        10       occurring?"

        11                  Because in their world, because of

        12       progress of civil rights, Martin Luther King,

        13       they couldn't believe at that young age that

        14       that, in the '60s, before they were born,

        15       could even happen in this country.

        16                  So while there's work to be done,

        17       the character of Martin Luther King, his

        18       message, still important today, has made a

        19       great difference.

        20                  And it's very fitting that we not

        21       only have this resolution but take the time

        22       out as a state to honor this man of character

        23       and continue to try and follow that path to

        24       make our world fairer and our state fairer,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        197



         1       not just for one but for all.

         2                  ACTING PRESIDENT BRESLIN:    Thank

         3       you very much, Senator Robach.

         4                  Senator Adams.

         5                  SENATOR ADAMS:    Thank you,

         6       Mr. President.  I want to briefly also rise.

         7                  And I thank Senator Robach for that

         8       story, because that is a fascinating story.

         9                  There's a movie out now called

        10       "Gran Torino," with Clint Eastwood.  And if

        11       history will reflect on the movie as years go

        12       on, the only name you would think of is Clint

        13       Eastwood, without realizing that no great

        14       dramatic event can take place without a

        15       supporting cast and without co-stars.

        16                  And Dr. King lived during a period

        17       that he lived out a very serious drama that

        18       took place on the stage of American history.

        19       But we would do a great disservice and we

        20       would turn that drama into a Shakespearean

        21       tragedy if we reflect on Dr. King as an

        22       individual without realizing that it was not

        23       about King.

        24                  And nothing would hurt his name



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        198



         1       more, if he was alive today, than to hear

         2       people merely point to him as an individual.

         3       King transformed a name, and it became a

         4       movie.  There were a countless number of

         5       people who were around him of all ethnicities.

         6       There was a countless number of men and women,

         7       black, white, Asian, Jew, Gentile, that

         8       participated in the movement.  So it wasn't

         9       only about King.

        10                  Yes, this was a man that lived

        11       during a particular time and period of time.

        12       But it was Americans all across this country

        13       that decided they wanted to move the country

        14       in the right direction.

        15                  They decided that we had within our

        16       physical lungs the wind capacity to blow not

        17       only the country but the globe in the

        18       direction that it should go in, from the

        19       Vietnam War to the fight that was taking place

        20       in South Africa.

        21                  This was more than King.  King may

        22       be the name that's associated with the

        23       individual, but the movement was an American

        24       movement.  And all of our children benefited.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        199



         1                  It's more than just Barack Obama

         2       becoming President, but it's Hillary Clinton

         3       becoming the Secretary of State.  It is the

         4       countless number of doors that were opened

         5       because America decided they wanted to move in

         6       the right direction.

         7                  So King symbolizes that.  And he

         8       may receive the Oscar for his great

         9       performance on the real live stage of American

        10       history.  But if we ignore those co-stars, if

        11       we ignore those supporting casts, if we ignore

        12       the rabbis that rode the buses to integrate

        13       our highways, if we ignore the young Jewish

        14       college students that sat at lunch counters,

        15       if we ignore the young Asian students that

        16       came and participated in the Freedom March, if

        17       we ignore all the multiculture of individuals

        18       that decided this is a great nation, then we

        19       will do more harm than good to the legacy of

        20       Dr. King.

        21                  Because the legacy of Dr. King is

        22       the legacy of America waking up and stating

        23       that we no longer want to live in the

        24       nightmarish reality of living in a segregated



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        200



         1       society, we want to live in a country that

         2       symbolizes what's great about the greatest

         3       race alive, and that's the human race.

         4                  That's what the King phenomenon

         5       represents.  Not just a man that was put in

         6       the ground when he was assassinated, but a

         7       person who gave life to a concept and a

         8       principle that this is a country that could

         9       prick the consciousness of the globe and send

        10       a strong symbol of what we represent as a

        11       country.

        12                  Anyone can make a buck, but it

        13       takes special people to make a difference.

        14       And Dr. King was part of those special people

        15       in this country that decided to make a

        16       difference in this country.

        17                  So we can have a love affair with

        18       the individual, but let's not turn that love

        19       affair into a Shakespearean tragedy that we

        20       ignore what he represented.  He represented

        21       what was best about America.  And now we have

        22       the great possibility of creating people with

        23       that concept with the children of today, so

        24       that we can raise those who have the concept



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        201



         1       of King.

         2                  King is not an ethnicity.  It is

         3       not creed, it is deed.  Skin pigmentation

         4       won't tell you the character of a person.  The

         5       possibility of being a Dr. King can come from

         6       any corner of this country and has nothing to

         7       do with being black, it has nothing to do with

         8       being white.  It has everything to do with the

         9       color we don't see, and that's the color of

        10       our soul.

        11                  The greatest mark we can make on

        12       his 80th birthday is to send a clear message:

        13       It wasn't about one man, it was about a great

        14       country coming alive, and that's the country

        15       called America.

        16                  Thank you.

        17                  ACTING PRESIDENT BRESLIN:    Thank

        18       you, Senator Adams.

        19                  Senator Espada.

        20                  SENATOR ESPADA:    Thank you,

        21       Mr. President.

        22                  I too rise because the moment

        23       cannot escape me.  As a child of the '60s, as

        24       a person like Senator Diaz, I was born in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        202



         1       Puerto Rico as a citizen of this great

         2       country, from a multiracial background.

         3                  I rise to share that as a young

         4       monolingual child moving into the South Bronx,

         5       and viewing a black-and-white TV and the

         6       images and the horror that we saw on those TV

         7       sets with the events that were unfolding in

         8       the South, and indeed as silently as it's kept

         9       in the history books, it registered vividly in

        10       our memories in our own neighborhoods.  Not

        11       only within one ethnic group, but the

        12       dominance and the denial of humanity of people

        13       that grew up together but happened to have a

        14       different pigmentation.

        15                  So I rise to highlight that denial

        16       of humanity itself.  It's what we all witness,

        17       and it's what allows us today to transcend in

        18       a very transformative way, detail all the

        19       examples of accomplishments in this chamber,

        20       in these United States and throughout.

        21                  But I do want to speak to the issue

        22       of intolerance, whether we're

        23       African-American, Latino, white.

        24                  President-elect Obama, our 44th



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        203



         1       President, has become President because a

         2       majority white nation has decided that that is

         3       the proper course of events and that is the

         4       leadership that could take us into a better

         5       day.

         6                  Similarly, these chambers, majority

         7       white, this New York State, majority white,

         8       has also registered its valuable franchise in

         9       the embodiment of an African-American Governor

        10       and an African-American Majority Leader.

        11                  But where is the intolerance then

        12       for us right now?  Where is the denial of

        13       humanity?

        14                  And I point to millions upon

        15       millions of people that because of their

        16       citizenship status in this country right now,

        17       family members are being split apart.

        18       Children that are citizens of this great

        19       nation will lose their parents, are losing

        20       their parents daily because their parents are

        21       undocumented; they must leave their families

        22       behind.

        23                  They come in in the middle of the

        24       night, like cattle in trucks, crossing



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        204



         1       artificial lines that divide nation against

         2       nation.

         3                  And so yes, there will be a

         4       drumbeat of many changes.  But the drumbeat to

         5       finally hone in on the incredible denial of

         6       humanity for millions upon millions of people

         7       who are from Mexico, Santo Domingo, Latin

         8       America, and Europe -- that is our great

         9       challenge this coming decade and for decades

        10       to come, as we hone in on the real issue of

        11       what is humane and are we a tolerant people.

        12                  And so that is the great challenge

        13       as I see it and as I'm sure the great Martin

        14       Luther King, the visionary that he was, would

        15       see it, the denial of humanity to so many

        16       people and so many families.

        17                  Together, we must view that, we

        18       must challenge that, we must tolerate that,

        19       and we'll move it ahead to full citizenship of

        20       the human race.

        21                  Thank you so very much.

        22                  ACTING PRESIDENT BRESLIN:    Thank

        23       you, Senator Espada.

        24                  Are there any other Senators



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        205



         1       wishing to be heard?

         2                  On the resolution, all those in

         3       favor, aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT BRESLIN:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT BRESLIN:    The

         9       resolution is adopted.

        10                  At the request of the sponsor, the

        11       resolution is open for multisponsorship.

        12       Anyone not wishing to be on the resolution

        13       please signify that at the bench.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, at

        16       this time I move for adoption of the

        17       Resolution Calendar.

        18                  ACTING PRESIDENT BRESLIN:    All

        19       those in favor of adopting the Resolution

        20       Calendar in its entirety please signify by

        21       saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT BRESLIN:

        24       Opposed, nay.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        206



         1                  (No response.)

         2                  ACTING PRESIDENT BRESLIN:    The

         3       Resolution Calendar is adopted.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, in

         6       consultation with Senator Skelos, I now hand

         7       up the following Minority appointments to the

         8       Senate Finance Committee.

         9                  ACTING PRESIDENT BRESLIN:    To be

        10       filed in the Journal.

        11                  Is there any further business,

        12       Senator Klein?

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Mr. President,

        15       would you please recognize Senator Maziarz.

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Maziarz.

        18                  SENATOR MAZIARZ:    Thank you very

        19       much, Mr. President.

        20                  Just very briefly.  Everybody

        21       starts off by saying "very briefly," and then

        22       they talk and talk and talk.

        23                  But, Mr. President, I think, very

        24       importantly, by the next time we gather here



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        207



         1       and meet, we will have a new President of the

         2       United States.

         3                  And on behalf of the Republican

         4       Conference in this house, we want to

         5       congratulate and give our best wishes to the

         6       new President, President Barack Obama.  He is

         7       taking over our country at a time of war, at a

         8       time of economic collapse, and clearly will

         9       need the support of all Americans.

        10                  And I think it is very important to

        11       note and to congratulate one of our own

        12       members, just one, who was there from day one

        13       with President-elect Obama.

        14                  Now, Senator Adams thinks he was

        15       there from day one, but he hesitated.  He

        16       hesitated.  He waited for that call from Bill

        17       Clinton that never came.

        18                  (Laughter.)

        19                  SENATOR MAZIARZ:    Unfortunately,

        20       he's not in the chamber now, but Senator Bill

        21       Perkins, I'm sure this is a very special day

        22       for him next Tuesday, because he was truly

        23       there from day one.

        24                  And that call from Bill Clinton



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        208



         1       never came for him either, but -- so don't

         2       feel bad, Eric.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator Maziarz.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Thank you,

         8       Mr. President.

         9                  Mr. President, there being no

        10       further business to come before the Senate, I

        11       move we adjourn until Wednesday, January 21st,

        12       at 3:00 p.m.

        13                  ACTING PRESIDENT BRESLIN:    There

        14       being no further business at the desk, on

        15       motion, the Senate stands adjourned until

        16       Wednesday, January 21st, at 3:00 p.m.,

        17       intervening days being legislative days.

        18                  (Whereupon, at 12:29 p.m., the

        19       Senate adjourned.)

        20

        21

        22

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910