Tuesday, January 22, 2002

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator Fuschillo.

SENATOR FUSCHILLO:Thank you, Mr. President.

On behalf of Senator Volker, on page number 5 I offer the following amendments to Calendar Number 13, Senate Print Number 5793, and ask that said bill retain its place on Third Reading Calendar.

ACTING PRESIDENT BALBONI:The amendments are received and adopted, and the bill will retain its place on the Third Reading Calendar.

Senator Fuschillo.

SENATOR FUSCHILLO:Mr. President, on behalf of Senator Volker, on page number 5 I offer the following amendments to Calendar Number 23, Senate Print Number 1533, and ask that said bill retain its place on Third Reading Calendar.

ACTING PRESIDENT BALBONI:The amendments are received and adopted, and the bill will retain its place on the Third Reading Calendar.

Senator, do you have another motion?

SENATOR FUSCHILLO:Yes, Mr. President.

On behalf of Senator Nozzolio, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Numbers 217A, 225, 3194, 3195B, and 5429.

ACTING PRESIDENT BALBONI:So ordered.

Senator Velella.

SENATOR VELELLA:Mr. President, I believe there's a privileged resolution at the desk by Senator McGee. I ask that the title be read.

ACTING PRESIDENT BALBONI:The Secretary will read.

THE SECRETARY:By Senator McGee, Legislative Resolution Number 3818, commemorating the 20th anniversary of the STOP-DWI Program.

ACTING PRESIDENT BALBONI:Senator McGee.

SENATOR McGEE: Mr. President, actually I think it's a wonderful idea that we have this resolution on the 20th anniversary of the STOP-DWI program. Certainly the statistics have shown the importance of this program and what a great job it has done in being able to get the drunk driver off the road.

So I would like to at this opportunity ask that I could open the resolution for sponsorship by the entire Senate rather than just myself.

ACTING PRESIDENT BALBONI:Without objection, the resolution will be opened to any cosponsors.

SENATOR McGEE: Thank you so much.

ACTING PRESIDENT BALBONI:The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT BALBONI:All those opposed, nay.

(No response.)

ACTING PRESIDENT BALBONI:The resolution is adopted.

Senator Velella.

SENATOR VELELLA:Mr. President, on behalf of Senator McGee, I believe the resolution will be opened at the desk for anyone who wishes to join in sponsoring it.

We'll put everyone on the resolution unless they otherwise indicate to the desk.

ACTING PRESIDENT BALBONI:Terrific, Senator Velella.

SENATOR VELELLA:If we could proceed with the noncontroversial calendar.

ACTING PRESIDENT BALBONI:The Secretary will read.

THE SECRETARY:Calendar Number 2, by Senator Skelos, Senate Print 58, an act to amend the Civil Practice Law and Rules, in relation to causes of action.

ACTING PRESIDENT BALBONI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first day of October.

ACTING PRESIDENT BALBONI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 43.

ACTING PRESIDENT BALBONI:The bill is passed.

THE SECRETARY:Calendar Number 3, by Senator Skelos, Senate Print 59, an act to amend the Criminal Procedure Law, in relation to evidence of identification.

ACTING PRESIDENT BALBONI:Read the last section.

THE SECRETARY:Section 5. This act shall take effect on the first day of November.

ACTING PRESIDENT BALBONI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 45.

ACTING PRESIDENT BALBONI:The bill is passed.

THE SECRETARY:Calendar Number 4, by Senator Hoffmann, Senate Print 84, an act to amend the Penal Law, in relation to inciting to riot.

ACTING PRESIDENT BALBONI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first day of November.

ACTING PRESIDENT BALBONI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 44. Nays, 1. Senator Duane recorded in the negative.

ACTING PRESIDENT BALBONI:The bill is passed.

THE SECRETARY:Calendar Number 5, by Senator Volker, Senate Print 210, an act to amend the Criminal Procedure Law, in relation to fingerprinting persons.

ACTING PRESIDENT BALBONI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first day of November.

ACTING PRESIDENT BALBONI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 46. Nays, 1. Senator Duane recorded in the negative.

ACTING PRESIDENT BALBONI:The bill is passed.

THE SECRETARY:Calendar Number 31, by Senator Volker, Senate Print 6040, an act to amend the Tax Law, in relation to the imposition of sales and compensating use taxes by the County of Erie.

ACTING PRESIDENT BALBONI:Senator Volker, why do you rise?

SENATOR VOLKER:Mr. President, lay that bill aside until tomorrow, please.

ACTING PRESIDENT BALBONI:Please lay that bill aside for the day.

THE SECRETARY:Calendar Number 36, by Senator Morahan, Senate Print 2878B, an act authorizing the Greenwood Lake Union Free School District.

ACTING PRESIDENT BALBONI:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT BALBONI:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 47.

ACTING PRESIDENT BALBONI:Senator Morahan.

SENATOR MORAHAN:Yes, thank you, Mr. President.

I'd like to just make a brief announcement that the Militia Association of New York, under the auspices of the Division of Military Affairs for the State of New York, is hosting an event in the Well of the LOB, and it has many of our services and a presentation of memorabilia, activity of the National Guard, other services, reserve services around the State of New York.

And I invite all to attend and go through and see the exhibits and interview and talk to people in the military service and in the National Guard, and other discussions of military affairs.

All are cordially welcomed, and I invite you all to spend a little time. It's on from 4:00 p.m. to 6:00 p.m. today.

Thank you, Mr. President.

ACTING PRESIDENT BALBONI:Senator Morahan voting in the affirmative, the bill is now passed.

Senator Hassell-Thompson.

SENATOR HASSELL-THOMPSON:Yes, thank you, Mr. President.

I rise to request unanimous consent to be recorded in the negative on Calendar Number 3, Senate Bill Number 59.

ACTING PRESIDENT BALBONI:Without objection, your vote shall be so recorded.

SENATOR VELELLA:Mr. President, can the Senate stand at ease for a few moments, please.

ACTING PRESIDENT BALBONI:Thank you. The Senate will stand at ease momentarily.

(Whereupon, the Senate stood at ease at 3:19 p.m.)

(Whereupon, the Senate reconvened at 3:24 p.m.)

ACTING PRESIDENT BALBONI:Senator Olga Mendez, why do you rise?

SENATOR MENDEZ:Yes, Mr. President.

I feel very, very happy to have all my colleagues here welcome today representatives of the Marcian [ph] Society.

See, in the same fashion in which we are very grateful to the efforts of George Washington, the first president, Dominicans are very proud of their efforts to forge a democracy in the Dominican Republic by Mr. Duarte, who is called the Father of the Republic.

So they are here accompanied with Assemblyman Espaillat, and I just wanted to welcome them.

ACTING PRESIDENT BALBONI:Senator, your remarks will be noted for the record.

Thank you all for joining us today. It's great to have you here.

Assemblyman, nice of you to visit.

Hope you enjoy your day.

(Applause.)

SENATOR VELELLA:Mr. President, if we can go to reports of standing committees, I believe we have a report from the Aging Committee.

ACTING PRESIDENT BALBONI:Reports of standing committees.

The Secretary will read.

THE SECRETARY:Senator Maziarz, from the Committee on Aging, reports the following bill direct to third reading:

Senate Print 3405, by Senator Larkin, an act to amend the Real Property Tax Law.

ACTING PRESIDENT BALBONI:Without objection, all bills reported directly to third reading.

SENATOR BRUNO:Mr. President.

ACTING PRESIDENT BALBONI:Senator Bruno.

SENATOR BRUNO:Can we at this time return to motions and resolutions.

I believe I have a resolution at the desk. We're going to read it in its entirety and move for its immediate adoption.

ACTING PRESIDENT BALBONI:Let us return to motions and resolutions.

The Secretary will read the resolution in its entirety.

THE SECRETARY:By Senator Bruno, Legislative Resolution Number 3835, memorializing the life and achievements of Dr. Martin Luther King, Jr., and commemorating the observance of the 17th National Martin Luther King, Jr. Day.

"WHEREAS, Dr. Martin Luther King, Jr., was born the grandson of a slave into a segregated society in Atlanta, Georgia, on January 15, 1929, and was instrumental in formulating a policy which ultimately led the American civil rights movement nationwide; and

"WHEREAS, In February 1968, shortly before his untimely death, Dr. King spoke about the inevitability of his death and hoped that when we spoke of his life, we would not concentrate on his academic achievements that he graduated from Morehouse College, that he attended the Crozier Theological Seminary and Boston University, where he earned a doctorate in systematic theology; and

"WHEREAS, Dr. Martin Luther King, Jr., won the 1964 Nobel Peace Prize. He was also the recipient of more than 300 awards for his invaluable contribution to the improvement of race relations in America; and

"WHEREAS, Dr. Martin Luther King, Jr., believed that racial equality could be achieved without violence. An apostle of peace, he fought unrelentingly for the civil rights of all Americans; and

"WHEREAS, Dr. Martin Luther King, Jr., stands in a long line of great American black leaders and represents the historical culmination and the living embodiment of a spirit of united purpose, rooted in black African culture and in the American dream; and

"WHEREAS, Dr. King taught us that through nonviolence, courage displaces fear, love transforms hate, acceptance dissipates prejudice, and mutual regard cancels enmity; and

"WHEREAS, Dr. Martin Luther King, Jr., manifestly contributed to the cause of America's freedom. His commitment to human dignity is visibly mirrored in the spiritual, economic, and political dimensions of the civil rights movement; and

"WHEREAS, Dr. Martin Luther King, Jr.'s life was devoted to the liberation of his people. His courage transcended the advocates of mindless retrenchment; and

"WHEREAS, Dr. King's life was tragically ended by an assassin's bullet on April 4, 1968, in Memphis, Tennessee; and

"WHEREAS, It is the sense of this legislative body that the common and shared responsibility of governance demands an irrevocable commitment to the preservation and enhancement of human dignity as exemplified by Dr. Martin Luther King, Jr., and

"WHEREAS, Upon the occasion of the observance of the 34th anniversary of the death of Dr. Martin Luther King, Jr., it is the intent of this legislative body to commemorate the heroic efforts of Dr. King, who loved and served humanity, and who was an advocate for peace, justice, and righteousness; now, therefore, be it

"RESOLVED, that this legislative body pause in its deliberations to memorialize the life and achievements of Dr. Martin Luther King, Jr., and commemorate the observance of the 17th National Martin Luther King, Jr. Day on January 21, 2002; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Dr. Martin Luther King, Jr."

ACTING PRESIDENT BALBONI:Senator Bruno.

SENATOR BRUNO:Mr. President, colleagues, yesterday we celebrated Dr. King's Day here in the United States.

There hasn't been a greater role model to anybody than Dr. King, Jr. When you just think it's been 34 years since he was killed while speaking. Thirty-four years. He would have been 72 years old this year.

You think 34 years later about the message that he delivered throughout the United States and the world and how today it still rings so true. Equality, civility, tolerance, understanding, peace, love, that was his whole message.

And for delivering that message, he was struck down by a mad person. And that's the tragedy of people who are heroes, who stand up for what they believe in, who are willing to put their lives literally on the line for what they believe in.

And as we heard in this resolution, he was awarded, in 1964, the Nobel Peace Prize. Now, you imagine a person whose grandfather was a slave in Atlanta, Georgia, growing up dealing with the world around him as a child, as a teenager, making his way through college, and then making his way in the world -- and how does a person rise to the level where people throughout the world listen to the words that he has to speak? They were words of brotherhood, love, affection, compassion, sharing, caring.

Today, when there are terrorists out there who would rip us apart with hatred, this message is one that it is appropriate that we all reflect on, as the world did yesterday, as we do today, and as we should every day of our lives just remember a hero like Dr. King, Jr., who literally gave his life to help others understand that brotherly love, sisterly love, caring, sharing, improving the quality of life.

And, yes, he had a dream, and his dream was that we all dream for a better life and a better future. And we join him in that.

Thank you, Mr. President.

ACTING PRESIDENT BALBONI:Senator Paterson.

SENATOR PATERSON:Thank you, Mr. President.

And I want to thank Senator Bruno for his remarks. They're very touching and meaningful coming at a time like this, as our whole country understands the loss of leaders like Dr. King, who would, if he were in good health, still be with us today at a time when we need our greatest leaders to be here.

And we've lost so many, and so many other civilians due to the acts of violence and hatred and terrorism. The attack that we all witnessed, a kind of a wake-up call for America, just a few months ago.

And with Senator Bruno's indulgence, I just wanted to talk about Dr. King for a moment and to say that sometimes people say that his value is condensed into two speeches, the "I have a dream" speech and the speech in which he predicts his own demise, known as the "drum major" speech.

And I wanted to say that I went back and read that speech yesterday, and I realized for the whole 34 years, Senator Bruno, I never really understood what Dr. King was saying in that speech. And so I just thought I would share it. Perhaps, if it enlightened me, it might have some value here.

Dr. King begins the speech by saying that at his funeral he doesn't want anyone to talk about the 300 awards he received, he doesn't want people to mention that he won the Nobel Peace Prize in 1965, and he doesn't want people to talk about his leadership at the March on Washington. He wanted people to say that he was a drum major for justice.

And in saying that, it sounds almost as if Dr. King is acting in a fashion in which there was some great humility that he was expressing. And although he was an extremely humble man, that's really not what Dr. King was saying when he said he wanted to be known as a drum major for justice.

He said that we are all drum majors in our own lives, that we all want to lead the parade in some way. We want to be in charge of things, we want to be at the head of the class. Sometimes we want to be first in the heart of another person. And that that's a natural instinct.

And he quoted Sigmund Freud, who said that the natural compulsion of human beings is their sexual satisfaction. Although that sounds right to me, Dr. King went on to say that Alfred Adler, the great psychologist, amended Freud's theory to say that what people really want is attention. They want that understanding that they're important. It's as natural an instinct as it is when you see a baby that only cries and screams to be held or to be fed.

And when you've had these little people walk around your household, you recognize that they care about nothing but themselves. They are not little bundles of joy, they are little bundles of ego. And Dr. King points that out in his speech, that it's the most natural instinct of the human being, to want to be noticed by another.

He then talks about the first chapter of Mark -- Chapter 10, Verse 35, where he talks about Jesus walking near Mount Zion and running across James and John, who they identify as the two sons of Zebedee, although they don't tell us who Zebedee is. James and John tell Jesus that "If you ever get to be the King and rule over Mount Zion, we want to sit at the left and the right of your throne. We want to be right there with you."

And Dr. Martin Luther King is admonishing that that might be considered to be an arrogant, pompous thing to say to what was the Messiah of the Christian religion, that when he gets to ascend to the throne, that these two young men thought that they were so deserving that they should sit at his side.

But Dr. King then comes back and reminds us that that is a natural instinct of human beings, to want to be important, to want to be at the head of the class.

And he then closes by saying that if you want to be important, if you want to be special, find that love through another's care, find that love through service to others.

And that is what Martin Luther King did in this country at a time that was nonpareil, and certainly was a shining example for all of us today, that if those of us even on the lower frequencies who are in public service right here in this chamber certainly can achieve it through our commitment to our principles.

And certainly that's what Dr. King did. He held his truths and his principles above all things and above all issues. He went ahead whether others agreed with him or not, with his integrity as his only virtue.

And I think that that is the fitting tribute that Senator Bruno has offered us through this resolution. And hopefully speaking for all the members on the other side, Senator, we richly endorse your resolution and hope to be included in it.

SENATOR BRUNO:We would ask that all the members that would care to join in this resolution, please do so. And unless you indicate otherwise, we will just add your name to it.

ACTING PRESIDENT BALBONI:Senator Marchi.

SENATOR MARCHI:Mr. President, we should also take careful note of the historical circumstances that Martin Luther King was perfectly aware and knew about our own history.

And the fact that a terrific percentage of the people who started out from Liverpool and from whatever the ports were that were bringing the slaves over, the presumptive role of a slave, never made it because they died en route or, for the temporal circumstances of the oceans and tides, died before they were able to land. And this is a great big number.

Was there any response? They said, Well, wasn't there a response on this cruel act at that time? Well, in the early 1800s, there were over 200 that just adjusted their mouths so that they could not swallow food as a way -- and this is a mute response to this outrage. So the victims were perfectly aware what had happened, and they died. They died in Savannah, Georgia, in excess of 200 people.

The fact that our early Constitution provided on a negotiated basis because when it came to allotting representation to the various states, how do you count a slave? Do you factor that in in your calculations in developing public policy? And they arrived at 3/5 of a person as a basis that grew out of valuation and negotiation.

So even then, at that point, those who held differently were willing to negotiate on a 3/5 basis, which gives you an indication of what the frame of mind was and the great strides that he represented.

He was aware of all these circumstances, but he was not electing for force and violence. He was electing to an intellectual and a spiritual and a moral commitment to freedom. And both Senator Bruno and Senator Paterson certainly stated it very affirmatively, well. It was well stated.

And it is something that -- it's not a repetitive ceremony that we go through each year. It is something that should sharpen our awareness about that tortuous path which leads to fuller freedom and fuller participation of all people in, well, seeking our own way through life.

ACTING PRESIDENT BALBONI:Senator Hassell-Thompson.

SENATOR HASSELL-THOMPSON:Thank you, Mr. President.

To Senator Bruno, I truly appreciate this resolution being brought forth. And I appreciate the opportunity to just make a couple of comments. Much of the comments that I wanted to make Senator Paterson referred to.

But one piece, we are all very aware of certain of his speeches because of their prose and the poetic nature in which the man spoke and wrote. But one of the things that he said is a quote of Martin Luther. And that was that peace for which he strove most for was not the absence of war, but it's the presence of justice.

And I think that as we go forward and as we each year celebrate the life of a man who has, as Senator Bruno has said, given us the best example and role model to follow, may we not use just that day but, as we sit in those chambers, remember that peace is not brought at the absence of war, but it is brought in the presence of justice.

This is probably one of the most emotional speeches I will make, because I have attended probably seven of the Martin Luther King celebrations this weekend. And as Senator Paterson says, each time I hear the speeches, each time I read his letter from a Birmingham jail, each time I read many of the writings that are not the more popular ones, the essence is his cry for justice on the part of each individual.

And each of us has the power, particularly in this chamber, to make sure that justice is at the head of the list of things that we strive for here in the New York State Senate.

So again I thank you, Senator Bruno, for putting forth this resolution, and I certainly heartily support this resolution today.

ACTING PRESIDENT BALBONI:Well said.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT BALBONI:Opposed, nay.

(No response.)

ACTING PRESIDENT BALBONI:The resolution is adopted.

As Senator Bruno had indicated, the sponsorship will be open for this resolution.

Senator Montgomery.

SENATOR MONTGOMERY:Yes, Mr. President. I would like unanimous consent to be recorded in the negative on Calendars Number 4 and 5, S84 and S210.

ACTING PRESIDENT BALBONI:Without objection, you shall be so recorded.

SENATOR MONTGOMERY:Thank you.

ACTING PRESIDENT BALBONI:Senator Oppenheimer.

SENATOR OPPENHEIMER:Just a question of the chair. Are we all going to be recorded in the affirmative unless we express to you we don't wish to be on the resolution? Isn't that an easy

ACTING PRESIDENT BALBONI:Senator Oppenheimer, you're discussing the resolution?

SENATOR OPPENHEIMER:The resolution, yes.

ACTING PRESIDENT BALBONI:Yes, you will be placed on the resolution as sponsors unless you do not want to be and notify the chair.

SENATOR OPPENHEIMER:Okay. Thank you.

ACTING PRESIDENT BALBONI:Senator Mendez.

SENATOR MENDEZ:Yes, I would like unanimous consent to be recorded in the negative on Calendar Number 4 and Number 5.

Mr. President, if I may, since I have the floor now, listening to the remembrance of Dr. King, it came to my mind that after all is said and done -- and we have done a tremendous amount of progress in achieving justice and equality for many, many American citizens. But the teachings of Dr. King reminds me of what is, in my mind, still the unmet agenda of this great country of ours.

And that is his dream will come true the day that every single American citizen would feel very, very bad, very hurt, and would spring into action upon knowing that the right of another American citizen has been denied.

And I think that we have done a lot of progress, but that we still have some road to travel.

Thank you.

ACTING PRESIDENT BALBONI:You shall be so recorded in the negative on those bills.

The resolution has been passed.

Senator Lachman, do you wish to speak on the resolution, without objection?

SENATOR LACHMAN:Yes, Mr. President. I indicated that I would; I obviously wasn't seen.

But after Senator Mendez spoke for a few minutes, I'd like to be added as an addendum to Senator Mendez.

Everything that was said about Martin Luther King, Jr., was not only true but accurate and should serve as a guideline for us. But what I would like to state is that his message of nonviolence is probably one of the most powerful forces in this nation and in the world.

And as we look around us and we see violence in the Middle East, in Northern Ireland, and we hope it will not come about between two nuclear powers, India and Pakistan, over Kashmir, we should always be reminded that justice will prevail through nonviolence, as much if not more so than through violence, in this nation and in other nations around this world.

ACTING PRESIDENT BALBONI:Thank you, Senator Lachman.

Senator Montgomery, why do you rise?

SENATOR MONTGOMERY:Yes, Mr. President. May I be allowed one minute to speak on the resolution?

ACTING PRESIDENT BALBONI:Without objection, Senator Montgomery will speak on the resolution.

SENATOR MONTGOMERY:Thank you.

I also want to join my colleagues in thanking Senator Bruno for putting forth this resolution regarding the contributions by Dr. Martin Luther King to our country.

And I would just like to go on record in adding to all of the other things that have been said that Dr. King, in addition to all of the other attributes that our remarks contain, he was an intellectual giant.

He was extremely well read and used and based his formula for protest and movement on what he knew and understood about great leaders of the world, wherever they were, because he had studied and he had been extremely thorough in his research, and to come to an understanding was really remarkable.

The other aspect that I think is so remarkable about him was that he, after much consideration and trepidation -- and it must have been an extremely difficult decision for him to make, to in fact leave the potential of being an extremely comfortable, middle-class professor, perhaps in Yale or Harvard or wherever, in Boston, and come back to the South to wage a battle for which he would give his life.

So I think there are so many reasons and so many ways that we can celebrate him and be proud of him. But certainly it's for what he sacrificed ultimately that we're so thankful for.

So thank you again, Mr. President.

ACTING PRESIDENT BALBONI:Thank you, Senator Montgomery.

For the members in the chamber, the resolution of Dr. Martin Luther King has passed. However, there has been an indication from some members that they wish to continue to speak. We welcome those indications.

Senator Nozzolio.

SENATOR NOZZOLIO:I simply rise to add my support for this enduring legacy of Dr. King.

Also, to share with my colleagues that there is another New Yorker who shared Dr. King's vision, who was probably one that inspired that Dr. King. And that is a New Yorker from Auburn, New York, who led this nation so that many who were enslaved could become free. And that genuine American and genuine New York heroine is Harriet Tubman.

And I think it's certainly appropriate, in this tribute to Dr. King, that we also pause to remember the sacrifices and the courage and the strength of Harriet Tubman and how we someday may be, in this house, deciding to support the appropriate recognitions to that great American heroine as well.

Thank you.

ACTING PRESIDENT BALBONI:Thank you, Senator Nozzolio.

SENATOR MORAHAN:Mr. President, is there any housekeeping at the desk?

ACTING PRESIDENT BALBONI:Senator Morahan, I am informed that there is not.

SENATOR MORAHAN:That being the case, I move that we adjourn until Wednesday, January 23rd, at 11:00 a.m.

ACTING PRESIDENT BALBONI:On motion, the Senate stands adjourned until Wednesday, January 23rd, at 11:00 a.m.

(Whereupon, at 3:50 p.m., the Senate adjourned.)