Monday, February 6, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 6, 2006 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Sunday, February 5, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 February 4, was read and approved. On motion, 20 Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Governor.

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(518) 371-8910 1 Messages from the Assembly. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Seward. 8 SENATOR SEWARD: Yes, Madam 9 President. On behalf of Senator Padavan, on 10 page 14 I offer the following amendments to 11 Calendar Number 47, Senate Print Number 5979, 12 and ask that that bill retain its place on the 13 Third Reading Calendar. 14 THE PRESIDENT: The amendments 15 are received, and the bill will retain its 16 place on the Third Reading Calendar. 17 Senator Seward. 18 SENATOR SEWARD: Madam President, 19 on behalf of Senator Morahan, on page 15 I 20 offer the following amendments to Calendar 21 Number 71, Senate Print Number 6333, and ask 22 that that bill retain its place on the Third 23 Reading Calendar. 24 THE PRESIDENT: The amendments 25 are received, and that bill will retain its

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(518) 371-8910 1 place on the Third Reading Calendar. 2 Senator Seward. 3 SENATOR SEWARD: Yes. And 4 finally, on behalf of Senator Marcellino, 5 Madam President, on page 17 I offer the 6 following amendments to Calendar Number 92, 7 Senate Print Number 632, and ask that that 8 bill retain its place on the Third Reading 9 Calendar. 10 THE PRESIDENT: The amendments 11 are received, and that bill will also retain 12 its place on the Third Reading Calendar. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 there's a Resolution 3408, by Senator Farley, 16 at the desk. Could we have it read in its 17 entirety. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: By Senator 21 Farley, Legislative Resolution Number 3408, 22 congratulating the Fonda-Fultonville Cross 23 Country Team upon the occasion of winning the 24 Class C New York State championship. 25 "WHEREAS, The State of New York

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(518) 371-8910 1 takes great pride in acknowledging the 2 outstanding achievements of its high school 3 athletic teams; and 4 "WHEREAS, The Fonda-Fultonville 5 Cross Country Team won the Class C New York 6 State championship in Queensbury on 7 November 12, 2005. The combined team score of 8 55 points was 12 points better than the 9 runner-up team; and 10 "WHEREAS, The third-place finish by 11 Jeremy McAllister, with a time of 16:18.7, and 12 the fourth-place finish by John Moore, with a 13 time of 16:25.7, led the team as they captured 14 the titled; and 15 "WHEREAS, Other team members whose 16 impressive performances throughout the season 17 were tremendous assets to the team are Jeffrey 18 Dufel, Edward Givis, Jr., Blake Dwyer, Joseph 19 Geniti, and Brian Palumbo; and 20 "WHEREAS, This cross-country team, 21 led by Head Coach Mark Therrien and Coach Mike 22 Benton, is the first team from the 23 Fonda-Fultonville Central School District to 24 ever win a state championship; and 25 "WHEREAS, Their extraordinary

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(518) 371-8910 1 success this season and the teamwork and 2 sportsmanship exhibited by team members are a 3 wonderful inspiration to teams across New York 4 State; and 5 "WHEREAS, The State of New York is 6 proud to congratulate this group of 7 extraordinary young men; now, therefore, be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to 10 congratulate the Fonda-Fultonville Cross 11 Country Team upon the occasion of winning the 12 Class C New York State Championship; and be it 13 further 14 "RESOLVED, That copies of this 15 resolution, suitably engrossed, be transmitted 16 to Coach Therrien and the members of the 17 Fonda-Fultonville Cross Country team." 18 THE PRESIDENT: Senator Farley. 19 SENATOR FARLEY: Thank you, Madam 20 President. Thank you, Senator Skelos. 21 We're honored today to have this 22 team and its coaches and principal up in our 23 gallery, and Coaches Mark Therrien and Mike 24 Benton. This is a very first time that this 25 little community of Fonda-Fultonville, the

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(518) 371-8910 1 school, has ever been a state champion. 2 We have a number of teams that come 3 in here, but it's particularly an honor to 4 have Fonda-Fultonville because they have 5 been -- for three consecutive years, they've 6 competed in the state championship and have 7 really scored well. 8 We have the members of the team up 9 here. This is an organization that is totally 10 team-oriented. And their slogan, "One team, 11 one goal," really personifies what they're up 12 to. We're honored to have them here. 13 And you know the interesting thing 14 about this team from this community, their 15 parents have been out there in support of 16 every one of their events. And as they've 17 gone through -- and incidentally, they were 18 able to beat Canastota and Pawling in the 19 finals, two outstanding schools. As their 20 Senator, I'm very, very proud to have them 21 here. 22 And, Madam President, if you'd 23 please welcome and congratulate this fine 24 group of young men, our team from 25 Fonda-Fultonville.

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(518) 371-8910 1 THE PRESIDENT: All in favor of 2 the resolution please signify by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (No response.) 6 THE PRESIDENT: The resolution is 7 adopted. 8 Congratulations. Welcome to the 9 Senate. And best wishes for similar success. 10 We're confident that you'll have similar 11 success down the road. 12 Let's give them a big round of 13 applause. 14 (Applause.) 15 THE PRESIDENT: Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 there are two resolutions at the desk by 18 Senator Nozzolio, Resolutions 3399 and 3400. 19 If we could have them read in their entirety 20 and then please recognize Senator Nozzolio. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Nozzolio, Legislative Resolution Number 3399, 25 congratulating the Red Creek Boys Varsity

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(518) 371-8910 1 Soccer Team and Coach Don Hartley upon the 2 occasion of capturing the Class C State 3 Championship. 4 "WHEREAS, Excellence and success in 5 competitive sports can be achieved only 6 through strenuous practice, team play and team 7 spirit, nurtured by dedicated coaching and 8 strategic planning; and 9 "WHEREAS, Athletic competition 10 enhances the moral and physical development of 11 the young people of this state, preparing them 12 for the future by instilling in them the value 13 of teamwork, encouraging a standard of healthy 14 living, imparting a desire for success, and 15 develop a sense of fair play and competition; 16 and 17 "WHEREAS, The Red Creek Boys Soccer 18 Team are the Class C State Champions; and 19 "WHEREAS, The Red Creek Boys Soccer 20 Team defeated defending champion Keio Academy 21 2-0; Keio Academy won three of the past four 22 champions and has a record of 109-6-4 over the 23 past five seasons; and 24 "WHEREAS, En route to winning the 25 championship, Red Creek scored a goal in each

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(518) 371-8910 1 half and stunned Keio by winning the school's 2 first title since 1991 and its fourth overall; 3 and 4 "WHEREAS, Some of the other 5 accomplishments the Red Creek Boys Soccer Team 6 achieved include outscoring the opponents 26-1 7 in the post-season, winning its third 8 consecutive Section V Class C Title, and 9 obtaining the most sectional championships by 10 any school for any sport in Section V history; 11 and 12 "WHEREAS, Some of the individual 13 achievements of the Red Creek Boys Soccer Team 14 include: Travis Heslop was named Tournament 15 MVP; Earl Sharkey was named to Second Team All 16 State; and Travis Heslop, Mark McIntyre, Kyle 17 Salo, and Stephen Long were all named to the 18 2005 Section V Boys Soccer All Tournament 19 Team; and 20 "WHEREAS, The athletic talent 21 displayed by this team is due in great part to 22 the efforts of Coach Don Hartley and his team 23 of outstanding assistants, skilled and 24 inspirational tutors respected for their 25 ability to develop potential into excellence;

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(518) 371-8910 1 and 2 "WHEREAS, The team's overall record 3 of 21-1-2 is outstanding, and the team members 4 were loyally and enthusiastically supported by 5 family, fans, friends and the community at 6 large; and 7 "WHEREAS, The hallmarks of the Red 8 Creek Boys Soccer Team, from the opening game 9 of the season to participation in the 10 championship, were a brotherhood of athletic 11 ability, of good sportsmanship, of honor and 12 of scholarship, demonstrating that these team 13 players are second to none; and 14 "WHEREAS, Athletically and 15 academically, the team members have proven 16 themselves to be an unbeatable combination of 17 talents, reflecting favorably on their school; 18 and 19 "WHEREAS, Coach Don Hartley and his 20 dedicated staff have done a superb job in 21 guiding, molding and inspiring the team 22 members toward their goals; and 23 "WHEREAS, Sports competition 24 instills the values of teamwork, pride and 25 accomplishment, and Coach Don Hartley and his

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(518) 371-8910 1 outstanding athletes have clearly made a 2 contribution to the spirit of excellence which 3 is a tradition of their school; now, 4 therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to 7 congratulate the Red Creek Boys Soccer Team, 8 its members -- Kyle Salo, Eric Stevens, Andrew 9 Keeling, Earl Sharkey, Colton Gregg, Anthony 10 Roden, Mark McIntyre, James Fisher, Renan 11 Trzesniowski, Jeremy March, Devin Reese, Ben 12 Reese, Billy Stevenson, Ben Dates, Travis 13 Heslop, Ian Cramer, Jordan Lang, Chris 14 Burghdurf, Stephen Lang, and Ryan Fisher -- 15 and Coach Don Hartley on their outstanding 16 season and overall team record; and be it 17 further 18 "RESOLVED, That copies of this 19 resolution, suitably engrossed, be transmitted 20 to the Red Creek Boys Soccer Team and to Coach 21 Don Hartley." 22 THE PRESIDENT: Senator Nozzolio. 23 SENATOR NOZZOLIO: Madam 24 President, thank you. On the resolution. 25 Madam President and my colleagues,

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(518) 371-8910 1 it's with great honor that I rise in support 2 of this resolution honoring this fine group of 3 citizens, young citizens from the Eastern 4 Wayne/Northern Cayuga region, the school 5 district known as Red Creek. 6 Unlike Senator Farley's team that 7 was just honored, this team came a long way in 8 transportation today to travel to our State 9 Capitol to recognize the contributions so that 10 we could recognize their outstanding athletic 11 accomplishment. 12 I want to give special thanks to 13 those from the school district of Red Creek 14 who are here today. That we have Denise 15 George, who helped with transportation; the 16 athletic director, Scott Sugar; David Greg, 17 assistant coach; our managers, Trentin Reese 18 and Cody Donahue, who performed such an 19 outstanding job on behalf of the team; Noel 20 Patterson, principal; and Don Hartley, head 21 coach, for your outstanding contributions. 22 It's so nice to have you here with you us 23 today. 24 I'd also like to give special 25 thanks to a leader in the community who has

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(518) 371-8910 1 served as superintendent of the Red Creek 2 Central Schools now for a number of years, who 3 sponsored the trip today and who helped bring 4 the team to Albany. I want to give special 5 thanks to my friend David Sholes, for his 6 leadership and his support of these fine young 7 athletes. 8 Madam President, so much is in the 9 news today about young people who go awry, 10 about criminality, drug abuse and the like. I 11 can tell you here, represented in the Red 12 Creek Central School Soccer Team, they are 13 champions in every definition of that word, 14 champions on the field and off the field. The 15 community is extremely proud of this team, 16 extremely proud of their accomplishments, but 17 prouder still of the fact that they're 18 excellent students who care about the place 19 where they live. 20 And that's what makes them 21 champions. Performance on the athletic field 22 is only one measure, one standard of their 23 excellence. They are excellent not just on 24 the field but in the community. 25 They also know how to come back;

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(518) 371-8910 1 that they lost the Season One game. And that 2 team is a team represented by my good friend 3 Senator Alesi, the East Rochester team that 4 had beaten them during the regular season but 5 they came back and beat East Rochester in the 6 sectional championship. 7 And that's a mark of a champion, 8 one who knows that it may be a setback but you 9 can get up from that setback and go on to 10 greater things. And that's what the young men 11 did here in securing that state championship. 12 Madam President, I thank you for 13 meeting with the team today. It was so nice 14 of you to spend some of your time to wish them 15 well. And I thank my colleagues for allowing 16 me the opportunity to recognize true 17 excellence in our young people. 18 Congratulations. They're fine 19 young men, fine representatives of the 20 community. 21 THE PRESIDENT: Senator Valesky. 22 SENATOR VALESKY: Thank you, 23 Madam President. 24 I want to thank Senator Nozzolio 25 for bringing this resolution to the floor

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(518) 371-8910 1 today. He and I have the opportunity to 2 represent the Red Creek Central School 3 District, and it is our honor to salute and 4 congratulate the Red Creek Boys Soccer Team 5 today. 6 They certainly understand the value 7 of hard work. They know what teamwork is all 8 about. And it has taken them to this point as 9 champions. I hope that as they return to 10 their school district and to their hometowns 11 that they realize that the accomplishments 12 that they have achieved in recent months also 13 carry with it a sense of responsibility that 14 they have to their fellow classmates, that 15 they have to the younger members of the 16 communities in which they live. 17 They have, through their teamwork, 18 set examples for their entire community. I 19 know that they are up to that challenge. And 20 I join Senator Nozzolio and the rest of my 21 colleagues in wishing them all the best and 22 continued success in all of their endeavors. 23 Thank you. 24 THE PRESIDENT: All in favor of 25 the resolution please signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 THE PRESIDENT: Opposed, nay. 3 (No response.) 4 THE PRESIDENT: The resolution is 5 adopted. 6 Again, I was delighted to meet with 7 you. Congratulations. Best wishes for 8 continued success. 9 Let's give them a round of 10 applause. 11 (Applause.) 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator 15 Nozzolio, Legislative Resolution 3400, 16 congratulating Ellen Muster of Marion High 17 School upon the occasion of capturing the 2005 18 New York State Class C Cross Country 19 Championship. 20 "WHEREAS, Excellence and success in 21 competitive sports can be achieved only 22 through strenuous practice, team play and team 23 spirit, nurtured by dedicated coaching and 24 strategic planning; and 25 "WHEREAS, Athletic competition

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(518) 371-8910 1 enhances the moral and physical development of 2 the young people of this state, preparing them 3 for the future by instilling in them the value 4 of teamwork, encouraging a standard of healthy 5 living, imparting a desire for success, and 6 developing a sense of fair play and 7 competition; and 8 "WHEREAS, It is the sense of this 9 Legislative Body to recognize and pay tribute 10 to those young people within the State of 11 New York who, by achieving outstanding success 12 in athletic competition, have inspired and 13 brought pride to their school and community; 14 and 15 "WHEREAS, Attendant to such 16 concern, and in full accord with its 17 long-standing traditions, this Legislative 18 Body is justly proud to congratulate Ellen 19 Muster, of Marion High School, upon the 20 occasion of capturing the 2005 New York State 21 Class C Cross Country Championship; and 22 "WHEREAS, One of only seven girls 23 from Section V to capture the New York State 24 Cross Country Championship, Ellen Muster ran a 25 strategic race, staying with the lead pack

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(518) 371-8910 1 through the first mile. She moved into fifth 2 place by the second mile and fourth place with 3 400 meters remaining, before rocketing past 4 the field to win by 10 seconds with a time of 5 18:49.5; and 6 "WHEREAS, A junior at Marion High 7 School, Ellen Muster was also a Wayne County 8 Champion, Finger Lakes West All Star, 9 Section V Class C Champion, and was named to 10 the Wayne-Finger Lakes Super Seven Team this 11 season; and 12 "WHEREAS, Loyally and 13 enthusiastically supported by family, fans, 14 friends and the community at large, Ellen 15 Muster exemplifies the best potential which is 16 inherent in our most precious resource, our 17 youth; and 18 "WHEREAS, Sports competition 19 instills the values of teamwork, pride and 20 accomplishment, and Ellen Muster has clearly 21 made a contribution to the spirit of 22 excellence which is a tradition at Marion High 23 School; now, therefore, be it 24 "RESOLVED, That this Legislative 25 Body pause its deliberations to congratulate

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(518) 371-8910 1 Ellen Muster of Marion High School upon the 2 occasion of capturing the 2005 New York State 3 Class C Cross Country Championship; and be it 4 further 5 "RESOLVED, That a copy of this 6 resolution, suitably engrossed, be transmitted 7 to Ellen Muster." 8 THE PRESIDENT: Senator Nozzolio. 9 SENATOR NOZZOLIO: Thank you, 10 Madam President. On the resolution. 11 And thank you, Clerk Testo, for 12 that excellent reading of both those 13 resolutions. 14 That a resolution on behalf of 15 recognizing Ellen Muster as Class C New York 16 State Cross Country Champion speaks for 17 itself, but I'd like to say a few other things 18 about Ellen. That she is a champion true and 19 true, one who became state champion -- the 20 next closest runner was 10 seconds away. So 21 that tells you she was clearly an outstanding 22 runner at the state championship meet, and 23 that a championship very well deserved. 24 She also has a 91 grade point 25 average. That we're very pleased that she is

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(518) 371-8910 1 a scholar-athlete. And that with that 2 average, with that success, she certainly is 3 well on the road to success. 4 Seated up in the gallery with Ellen 5 is her father, Frank, who has been with her 6 every jog of the way, attended the state 7 championship meet. And I know he was very 8 proud of her accomplishments. 9 Also Duane Perry and Paul Pfeiffer. 10 Duane is principal at Marion Central and Paul 11 is Ellen's coach. To you gentlemen, I want to 12 say thank you for your efforts and 13 contributions in raising such a fine young 14 New Yorker. Ellen is a champion in every way. 15 She's also seated up there with 16 another Wayne County champion, Assemblyman Bob 17 Oaks, who rumor has it used to run cross 18 country but I'm sure could never run cross 19 country as well as our state champion, Ellen. 20 And that we certainly want to thank Bob for 21 his support of all of Wayne County athletics 22 and particularly the resolutions that were 23 offered today recognizing Wayne County 24 champions the Red Creek Soccer Team, as well 25 as New York State Cross Country champion Ellen

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(518) 371-8910 1 Muster. 2 Thank you, Madam President. I move 3 the resolution. 4 THE PRESIDENT: All in favor of 5 the resolution please signify by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The resolution is 10 adopted. 11 Congratulations, Ellen, and best 12 wishes for continued success. 13 Let's give her a round of applause. 14 (Applause.) 15 THE PRESIDENT: Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 if we could take up Resolution 3409, by 18 Senator Paterson, and have it read in its 19 entirety, please. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: By Senators 23 Paterson and Bruno, Legislative Resolution 24 Number 3409, memorializing the life and legacy 25 of Coretta Scott King.

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(518) 371-8910 1 "WHEREAS, Coretta Scott King, born 2 April 27, 1927, in Perry County, Alabama, the 3 second of three children born to Obadiah and 4 Bernice Scott, and the widow of civil rights 5 leader Reverend Dr. Martin Luther King, Jr., 6 rose from rural poverty on her parents' farm 7 to become a powerful and international symbol 8 of the civil rights movement begun in the 9 1960s; and 10 "WHEREAS, Mrs. King was exposed at 11 an early age to the injustices of life in a 12 segregated society, walking five miles a day 13 to attend her one-room schoolhouse in Marion, 14 Alabama, while white students rode buses to an 15 all-white school closer to their homes; and 16 "WHEREAS, Coretta Scott King 17 excelled in her studies, particularly music, 18 and graduated first in her class at Lincoln 19 High School. In 1945, she began attending 20 Antioch College in Yellow Springs, Ohio, where 21 two years earlier her older sister, Edythe, 22 had been the first black to enroll; and 23 "WHEREAS, Coretta Scott King 24 studied education and music in college, and 25 took an active interest in the nascent civil

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(518) 371-8910 1 rights movement. She joined the Antioch 2 chapter of the National Association for the 3 Advancement of Colored People and the 4 college's race relations and civil liberties 5 committees; and 6 "WHEREAS, After graduation, Coretta 7 went on to Boston's New England Conservatory 8 of Music in 1952, hoping to become a classical 9 singer, and working as a mail order clerk and 10 housekeeper to augment the fellowship that 11 barely paid her tuition; and 12 "WHEREAS, Martin Luther King, Jr., 13 a theology student at the time, from a 14 prominent Atlanta family, recognized and 15 remarked on his first date with Coretta in 16 1952 that she possessed qualities of 17 character, personality, intelligence and 18 beauty; and 19 "WHEREAS, Coretta and the Reverend 20 Dr. King, then a young minister, married a 21 year later, beginning a strong partnership 22 that ended with the civil rights leader's 23 assassination in Memphis, Tennessee, on 24 April 14, 1968; and 25 "WHEREAS, Mrs. King worked to keep

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(518) 371-8910 1 her late husband's dream alive with the utmost 2 dignity and serenity; and 3 "WHEREAS, Mrs. King's remarkable 4 grace made her a civil rights icon in her own 5 right, a powerful symbol of the Reverend 6 Martin Luther King, Jr.'s creed of brotherhood 7 and nonviolence, and a tireless advocate for 8 social and political issues ranging from 9 women's rights to the struggle against 10 apartheid in South Africa; and 11 "WHEREAS, Coretta Scott King's 12 fortitude rivaled that of her husband, and 13 made her one of the most influential figures 14 in the struggle for civil rights; and 15 "WHEREAS, Coretta Scott King, often 16 called the 'first lady of the civil rights 17 movement,' raised four young children -- 18 Yolanda Denise, Martin Luther III, Dexter 19 Scott, and Bernice Albertine -- and was with 20 her husband in his finest hours. She was also 21 at his side when he received the Nobel Peace 22 Prize in 1964 and marched beside him from 23 Selma, Alabama, into Montgomery, in 1965, on 24 the triumphant drive for a voting rights law; 25 and

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(518) 371-8910 1 "WHEREAS, After her husband's 2 assassination, Mrs. King became a symbol of 3 her husband's struggle for peace and 4 brotherhood. Presiding with a quiet, steady, 5 stoic presence over seminars and conferences 6 on global issues, she continued Dr. King's 7 work for social justice and devoted her life 8 to his legacy; and 9 "WHEREAS, Mrs. King found herself 10 in increasing demand as a public speaker, 11 becoming the first woman to deliver the Class 12 Day address at Harvard College, the first 13 woman to preach at a statutory service at St. 14 Paul's Cathedral in London, serving as a 15 Women's Strike for Peace delegate to the 16 17-nation Disarmament Conference in Geneva, 17 Switzerland, and being named a liaison to 18 international peace and justice organizations; 19 and 20 "WHEREAS, Coretta Scott King 21 conceived and performed a series of more than 22 30 critically acclaimed 'Freedom Concerts,' 23 combining poetry, narration and music to tell 24 the story of the civil rights movement, and 25 staging these concerts in some of America's

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(518) 371-8910 1 most distinguished concert venues as 2 fundraisers for the Southern Christian 3 Leadership Conference, an organization her 4 husband had founded; and 5 "WHEREAS, Mrs. King continued to 6 serve the cause of justice and human rights, 7 with her travels taking her throughout the 8 world on goodwill missions to Africa, Latin 9 America, Europe, and Asia; and 10 "WHEREAS, To carry on her late 11 husband's legacy, Coretta Scott King focused 12 on two ambitious and daunting tasks -- the 13 first, to have a national holiday in her 14 husband's honor, and the second, to build a 15 nationally recognized center in Atlanta to 16 honor his memory, continue his work, and 17 provide a research center for scholars 18 studying his work and the civil rights era; 19 and 20 "WHEREAS, The first goal was 21 achieved, despite much opposition, in 1983, 22 when Congress approved a measure designating 23 the third Monday in January as an official 24 federal holiday in honor of Dr. King, who was 25 born in Atlanta on January 15, 1929.

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(518) 371-8910 1 Dr. King's birthday is now marked by annual 2 celebrations in over 100 countries; and 3 "WHEREAS, The second goal was also 4 achieved, by her founding of the 5 multi-million-dollar Martin Luther King, Jr., 6 Center for Nonviolent Social Change. The 7 center is deeply involved with the issues of 8 hunger, unemployment, voting rights, and 9 racism, and Mrs. King believed these issues 10 breed violence; and 11 "WHEREAS, Coretta Scott King 12 remained active in the causes of racial and 13 economic justice, devoting much of her energy 14 in her later years to AIDS education and 15 curbing gun violence; and 16 "WHEREAS, Coretta Scott King 17 remained a beloved figure, often compared to 18 Jacqueline Kennedy Onassis as a woman who 19 overcame tragedy, held her family together, 20 and became an inspirational figure to men and 21 women around the world; and 22 "WHEREAS, Coretta Scott King 23 preached words of hope and encouragement to be 24 cherished by all of us today: 'Many despair 25 at the evil and unrest and disorder in the

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(518) 371-8910 1 world today, but I see a new social order and 2 I see the dawn of a new day'; now, therefore, 3 be it 4 "RESOLVED, That this Legislative 5 Body pause in its deliberations to recognize 6 and pay tribute to the life of Coretta Scott 7 King, a tireless witness for racial equality, 8 justice and reconciliation." 9 THE PRESIDENT: Senator Ada 10 Smith. 11 SENATOR ADA SMITH: Thank you, 12 Madam President. 13 The civil rights movement has 14 suffered yet another loss, for Coretta Scott 15 King was a leader in her own right. And 16 contrary to what many have said, she didn't 17 just keep her husband's dream alive, because 18 it was a shared dream which she lived daily. 19 As a member of the now-defunct 20 New York State King Commission, where Senator 21 Paterson and I had the privilege of 22 representing the Senate, and a board member of 23 the National Black Caucus of State 24 Legislators, I have spent numerous hours in 25 the presence of this dignified, charming,

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(518) 371-8910 1 astute and gracious lady. Her warm and 2 generous demeanor epitomized the gentle yet 3 strong and firm convictions which she always 4 exhibited. 5 She was a mother, a daughter, a 6 sister, and a soldier who chose to teach. 7 Through her teachings, we all continue to 8 promulgate the prolific and challenging 9 oratory of her great husband. 10 If nothing else, we must reflect 11 upon the loss of the mother of the civil 12 rights movement, Rosa Parks, and, even closer 13 to home, the passing of the Reverend William 14 Augustus Jones, who had the privilege of 15 working alongside the Reverend Dr. Martin 16 Luther King. 17 We must cull from the passing of 18 these three giants the strength and the 19 motivation to persevere, as I leave you with 20 the words of hope and encouragement Coretta 21 Scott King so eloquently stated: "Many 22 despair at all the evil and unrest and 23 disorder in the world. But I see a new social 24 order, and I see the dawn of a new day." 25 And I say to each of you: Wake up,

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(518) 371-8910 1 Senators. The sun is emerging from behind 2 these dark clouds, and the new day is now. 3 THE PRESIDENT: Senator Larkin. 4 SENATOR LARKIN: Thank you, Madam 5 President. It is indeed an honor and 6 privilege for me to stand here today and pay 7 tribute to Mrs. King. 8 You know, there's an old saying in 9 our world: Behind every good man, there's a 10 staunch woman. Mrs. King was very devoted to 11 Dr. King, but she was devoted to Dr. King's 12 principles and what he thought. 13 I, for one, had the privilege of 14 meeting her during the march from Selma to 15 Montgomery in March of 1965, which we 16 celebrated here last year with all of us 17 joining together. 18 But when the meetings took place, 19 in talking to Mrs. King's associates on what 20 she was trying to do, she was very clear. She 21 wasn't standing out there saying, Look at me, 22 look at me. She was standing out there with 23 one mission, what can we do to make people 24 realize we're all born under one God. We were 25 all born to try to do what was best for us.

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(518) 371-8910 1 Last week in my district, 2 Congressman John Lewis came to speak 3 concerning Dr. King. But he also made very 4 clear his passionate expression for everyone 5 to say prayers for Mrs. King, who was in 6 Mexico at the time looking for special 7 treatment. 8 You know, one of the things that 9 bothers me is that we as adults are standing 10 around -- sitting around here, standing around 11 here today, but we're forgetting one thing. 12 We're not getting our message out to our young 13 people that this was an individual who 14 practiced what she preached. She was an 15 individual with a clear mind of what we should 16 be doing. 17 Yes, and there are some people who 18 still don't get the message. And the message 19 is very clear. When we can start as adults to 20 teach our children the right from wrong and 21 what we can do to make it happen, the 22 thoughts, prayers and wishes of Coretta Scott 23 King will be said and revered around the 24 world. 25 She was a lady of compassion, a

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(518) 371-8910 1 woman devoted to her children, the four that 2 she raised. But more than that, she was a 3 person who said what she believed and believed 4 in what she said. 5 Thank you. 6 THE PRESIDENT: Senator Parker. 7 SENATOR PARKER: Madam President, 8 on the resolution. 9 In the narrow-minded view, to 10 memorialize Coretta Scott King as simply the 11 wife of Dr. Martin Luther King, even though he 12 was undoubtedly the most prominent figure in 13 the civil rights movement, Coretta Scott King 14 was much more than a supportive and loving 15 spouse. She was a partner in Dr. King's 16 vision and mission for nonviolent social 17 change. She held on to the dream that emerged 18 as an icon of the civil rights movement. 19 Dr. King, with his charismatic 20 leadership and inspiration words, gave birth 21 to generations of children and grandchildren 22 of the civil rights movement -- children like 23 Jesse Jackson, Andrew Young, Al Sharpton, 24 David Paterson, Velmanette Montgomery, Ada 25 Smith and Malcolm Smith, and not to forget

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(518) 371-8910 1 Ruth Hassell-Thompson. 2 After Dr. King was assassinated, 3 she graciously mothered generations of these 4 children and dedicated herself to scholarship 5 and activism. She called on America to fight 6 what she called the three great 7 evils: racism, poverty and war. Then, with 8 his brotherhood view of the dream, she 9 dedicated her life to two tangible tasks. She 10 agitated and gained a national holiday in 11 memorial of her late husband and established 12 the Martin Luther King Center for Nonviolent 13 Social Change in Atlanta. 14 Ms. King was a tireless advocate 15 and became an influential figure around the 16 world working towards that dream. Dr. King 17 may not have lived to see the realization of 18 his dream in his lifetime, but it was 19 Mrs. King, the first lady of the modern civil 20 rights movement, who bravely carried the torch 21 of freedom. And in doing so, she became the 22 veritable drum major for justice for 23 generations of African-Americans, ensuring 24 that the sons and daughters of former slaves 25 and the sons and daughters of former

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(518) 371-8910 1 slave-owners will be able to sit down together 2 at the table of brotherhood. 3 Thank you. 4 THE PRESIDENT: Senator 5 Montgomery. 6 SENATOR MONTGOMERY: Thank you, 7 Madam President. 8 I am very honored to rise in 9 recognition and memorializing of this great 10 woman, who was indeed -- notwithstanding my 11 colleague's remarks that she wasn't only the 12 wife, but she was indeed the wife of 13 Dr. Martin Luther King. 14 And I did not know Coretta Scott 15 King up close. I was never in her presence. 16 I wasn't a friend. But I have seen some of 17 the evidence of her as a woman who embodies 18 what I like to think is America's best of 19 womanhood. 20 Number one, we know that Dr. Martin 21 Luther King, Jr., was extremely absent from 22 his family, often intensely. He traveled, he 23 gave of himself, he gave his life to us, to 24 the citizens of this nation. So this couple, 25 who -- she gave up an opportunity to live as

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(518) 371-8910 1 comfortable middle-class woman, because of her 2 commitment to her husband and her dedication 3 to the cause that he worked on. But they did 4 have four children, and there had to be 5 someone to make sure that those four children 6 survived and did well. So Dexter and Martin 7 III and Bernice and Yolanda, those are 8 testaments to the greatness of this woman, 9 because they themselves are now also great 10 people and making contributions to America. 11 And the second thing that I want to 12 thank her for, and as evidence of her 13 greatness, is that she went out after her 14 husband was assassinated and developed a 15 movement to build a monument to the principles 16 and to the work that he had done. 17 So in Atlanta there is the King 18 Center, which is really a wonderful museum 19 housing a lot of the very, very minute aspects 20 of the civil rights movement that a lot of us 21 have forgotten. You know, they have signs 22 "Colored Only." You know, sometimes we even 23 forget that that was ever a part of America. 24 And so it's very, very important. 25 I took my son there. It was a spiritual

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(518) 371-8910 1 experience. And I just kept thinking -- and 2 at the very moment that we were in that 3 museum, she was in the hospital with a stroke. 4 And so I kept thinking what a great woman, to 5 go out and do whatever was necessary for her 6 to do in order to build this wonderful center. 7 It's a vivid reminder, and it will 8 be forever, I hope, Madam President, her gift 9 to us, where we can go and sit quietly and 10 reflect and remember those aspects of a 11 movement that was so important, to not only 12 Martin Luther King but to all of us. It was 13 the period in our lives, the transition from a 14 very dark period to hopefully a much more 15 enlightened one. That's what Coretta Scott 16 King means to me. 17 And so I'm very happy, and thank 18 you to Senator Smith and my colleagues for 19 this memorial to this great American woman. 20 Thank you. 21 THE PRESIDENT: Senator Marchi. 22 SENATOR MARCHI: Madam President, 23 the -- I'm having a little problem here. But 24 the magnificent contribution that Lady King 25 made and that some of the speakers here --

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(518) 371-8910 1 Senator Montgomery, Senator Smith, Senator 2 Larkin. Do we realize that in any other 3 country in the world, people who were laboring 4 under the slavery and then, after that, 5 something barely better in many cases -- and 6 this has evoked around the world death, 7 revolutions, people spewing their hatred 8 against others -- our realization that each 9 and every child of God, everyone coming and 10 born on this planet was born by the will of 11 God with a mortal, immortal soul. 12 So she's up there. She sees us and 13 she hears us. And the fact that we have been 14 able to make so much ground and achieve so 15 much progress in the name of human 16 understanding -- because that's what it's all 17 about -- of love for one another, was made by 18 a refrain and a domination of the spirit to 19 hit back. 20 And God knows that there were many, 21 many persons who suffered great wrong and 22 great pain, great suffering and even death in 23 the restricted view that some in those days 24 had of this minority. 25 So it liberated us all. We all

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(518) 371-8910 1 became much more civilized by people such as 2 Coretta King, much more. We started to 3 realize that we are children of God and that 4 each one of us has an immortal soul, and there 5 are better ways, not practiced by most nations 6 around the world when there was persecution 7 involved, but doing it in the face of 8 continued harassment. 9 So we have to be moved, Madam 10 President, we have to be moved, as I'm sure 11 you are and all of us here are, of this 12 wonderful spirit who lived next to pain and 13 actually witnessed it happen to her own 14 family. And we don't know whether it has come 15 to a complete end, but we like to think so. 16 So if we lift our hands and also on 17 bended knee and praise people, such as 18 Mrs. King did, with her appeal to our 19 mortality and our appeal as a human being. 20 This was a human being that had suffered so 21 much. And yet she continued courageously, 22 with love, and with the prayerful realization 23 that we ought to live up to the promise that's 24 each and every one of us. 25 We are equal only in the sense that

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(518) 371-8910 1 all of us here, and outside this place, 2 children of God are entitled to be respected. 3 And she was hurt and lacerated in the most 4 vile possible way, because it happened right 5 within her own family. But she did not return 6 hatred. She did not respond with more odious 7 comment but called on all of us to be the 8 best. 9 So I'm proud of my colleagues, all 10 of you that have spoken on this. And I know 11 you speak what is in the feeling of everyone 12 here, that we close on this chapter our 13 prayers that she is up there and she's 14 watching, watching over us and rejoicing in 15 the fact that there are more and more people 16 willing to speak up to the dignity that God 17 has imparted to each and every one of us. 18 We're no better and no worse, but we are 19 individuals created in a divine image and 20 scheduled to make that trip to the unknown 21 country that one of our famous writers once 22 pointed. 23 So, Madam President, I do hope 24 that, along with the statements that have been 25 made or may be made here today, that it also

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(518) 371-8910 1 be accompanied by your prayers, by your 2 prayers that we will see the triumph of love, 3 not the progress of hate. And that it is 4 within our grasp because we have had the 5 courageous and brave leadership of people such 6 as Mrs. King and her departed husband. 7 THE PRESIDENT: On the 8 resolution. 9 Senator Schneiderman first. 10 SENATOR SCHNEIDERMAN: Madam 11 President, we'd like to open the resolution 12 for everyone involved. Anyone who doesn't 13 want to be on it, please let the chair know. 14 Thank you. 15 THE PRESIDENT: There being no 16 objection from the Majority, anyone who does 17 not wish to be a cosponsor please notify the 18 desk. 19 All in favor please signify by 20 saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 adopted.

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(518) 371-8910 1 Senator Morahan. 2 SENATOR MORAHAN: Yes, Madam 3 President. Could we have the noncontroversial 4 reading of the calendar at this time, please. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: Calendar Number 8 57, by Senator Wright, Senate Print 5532A, an 9 act to amend the Penal Law, in relation to 10 making persons 14 and 15 years of age 11 criminally responsible. 12 SENATOR SCHNEIDERMAN: Lay it 13 aside. 14 THE PRESIDENT: The bill is laid 15 aside. 16 SENATOR WRIGHT: Lay it aside for 17 the day. 18 THE PRESIDENT: The bill is laid 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 58, by Senator Volker, Senate Print 5539, an 22 act to amend the Criminal Procedure Law, in 23 relation to period of interim probation. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 63, by Senator Fuschillo, Senate Print 5698, 10 an act to amend the Penal Law, in relation to 11 criminal impersonation. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 90th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 65, by Senator Golden, Senate Print 5766, an 23 act to amend the Penal Law, in relation to the 24 unlawful disclosure. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 90th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 69, by Senator Volker, Senate Print 6319, an 11 act to amend the Criminal Procedure Law, in 12 relation to persons designated. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 180th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. Nays, 20 2. Senators Duane and L. Krueger recorded in 21 the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 72, by Senator Little, Senate Print 6385, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law, in 2 relation to authorizing defendants. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 54. Nays, 10 1. Senator Duane recorded in the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 73, by Senator Maltese, Senate Print 273, an 15 act to amend the Labor Law and the Penal Law, 16 in relation to certain employment. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the first of 21 November. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 78, by Senator Maziarz, Senate Print 3748, an 4 act to amend the Workers' Compensation Law, in 5 relation to disqualifying. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of July. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 79, by Senator Spano, Senate Print 5406, an 17 act prohibiting any employer from issuing 18 checks. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 3. This 22 act shall take effect one year after the date 23 on which it shall have become a law. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 55. 2 THE PRESIDENT: The bill is 3 passed. 4 Senator Morahan, that completes the 5 noncontroversial reading of the calendar. 6 SENATOR MORAHAN: Thank you, 7 Madam President. Is there any unfinished 8 business at the desk? 9 THE PRESIDENT: No, there is not. 10 And that completes the calendar. 11 SENATOR MORAHAN: There being no 12 other business before the Senate, I move that 13 we adjourn until Tuesday, February 7th, at 14 3:00 p.m. 15 THE PRESIDENT: On motion, the 16 Senate now stands adjourned until Tuesday, 17 February 7th, 3:00 p.m. 18 (Whereupon, at 3:55 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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