Regular Session - March 16, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 16, 2010
11 3:32 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR DIANE SAVINO, Acting President
19 ANGELO J. APONTE, Secretary
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21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT SAVINO: The
3 Senate will please come to order.
4 I ask everyone present to rise and
5 recite with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT SAVINO: In the
9 absence of clergy, may we all bow our heads in
10 a moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT SAVINO: The
14 reading of the Journal.
15 The Secretary will read.
16 THE SECRETARY: In Senate,
17 Monday, March 15, the Senate met pursuant to
18 adjournment. The Journal of Sunday, March 14,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT SAVINO: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Senator Klein.
4 SENATOR KLEIN: Madam President,
5 I believe there's a report of the Finance
6 Committee at the desk.
7 ACTING PRESIDENT SAVINO: There
8 is a report of the Finance Committee at the
9 desk.
10 The Secretary will read.
11 THE SECRETARY: Senator Kruger,
12 from the Committee on Finance, reports the
13 following nominations.
14 As Major General of the New York
15 Army National Guard, Patrick A. Murphy, of
16 Clifton Park.
17 ACTING PRESIDENT SAVINO: Senator
18 Kruger.
19 SENATOR CARL KRUGER: Please move
20 that nomination.
21 ACTING PRESIDENT SAVINO: Are
22 there any Senators wishing to be heard on this
23 nomination?
24 Seeing none, the question is on the
25 motion to confirm the nomination. All those
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1 in favor please signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT SAVINO:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT SAVINO: The
7 motion carries. The promotion of Patrick A.
8 Murphy to Major General of the New York Army
9 National Guard is confirmed.
10 Major General Murphy is joined in
11 the gallery today by his wife Cherie.
12 Congratulations.
13 (Applause.)
14 ACTING PRESIDENT SAVINO: The
15 Secretary will continue to read.
16 THE SECRETARY: As chairman and
17 president of the Tax Appeals Tribunal, James
18 H. Tully, Jr., of Albany.
19 ACTING PRESIDENT SAVINO: Senator
20 Kruger.
21 SENATOR CARL KRUGER: Madam
22 President, please move the nomination.
23 ACTING PRESIDENT SAVINO: Are
24 there any Senators wishing to be heard on this
25 nomination?
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1 Senator Breslin.
2 SENATOR BRESLIN: Thank you very
3 much, Madam President.
4 I rise to salute the Governor for
5 choosing Jim Tully for this position. Jim has
6 an exemplary background. As most of you know,
7 he was a former Tax Commissioner from '75 to
8 '82. He's been a partner in DeGraff, Foye,
9 Conway & Holt-Harris in Albany for a number of
10 years. And he brings the experience, the
11 professionalism, and the integrity to that
12 position.
13 And we should compliment not only
14 the appointee but the Governor for making this
15 appointment.
16 Thank you, Madam President.
17 ACTING PRESIDENT SAVINO: Are
18 there any other Senators wishing to be heard
19 on this nomination?
20 Seeing none, all those in favor of
21 the nomination indicate by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT SAVINO:
24 Opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT SAVINO: The
2 motion carries. The nomination of James H.
3 Tully, Jr., of Albany, as chairman and
4 president of the Tax Appeals Tribunal is
5 confirmed.
6 Congratulations.
7 (Applause.)
8 ACTING PRESIDENT SAVINO: The
9 Secretary will continue to read.
10 THE SECRETARY: As a member of
11 the Metropolitan Transportation Authority,
12 Allen Cappelli, of Staten Island.
13 ACTING PRESIDENT SAVINO: Senator
14 Kruger.
15 SENATOR CARL KRUGER: Madam
16 President, please move the nomination.
17 ACTING PRESIDENT SAVINO: Are
18 there any Senators wishing to be heard on this
19 nomination?
20 Senator LaValle.
21 SENATOR LaVALLE: Thank you,
22 Madam President.
23 Normally it's always a privilege to
24 rise to support a nomination and a nominee.
25 In this case today, I rise to oppose the
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1 nomination of Allen Cappelli.
2 And I appreciated so much the
3 courtesy shown by our chairman of the Finance
4 Committee to have Mr. Cappelli come before the
5 committee as a reappointment. And usually we
6 waive reappointments. But in this case,
7 because the subject of the MTA is very, very
8 important, Mr. Cappelli came before our
9 committee and answered a number of questions,
10 anywhere between half an hour to 45 minutes.
11 The thing that is troubling to me
12 is that as a member of the board -- and he has
13 participated very fully in attending hearings
14 and committee meetings. He's on the finance
15 committee. In the finance committee,
16 Mr. Cappelli voted no on the MTA budget
17 because he felt that there would be service
18 cuts and things that were critically
19 important.
20 He reversed himself when it came to
21 the budget because Chairman Walder asked him
22 to vote yes for reasons of having a balanced
23 budget -- some potential that his vote, his
24 vote would make a difference in the bond
25 rating on any bonds that the MTA would move
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1 forward.
2 Today, that budget and remarks he
3 made that were critically important that the
4 plan put forward by Citizen Ravitch was
5 important to the MTA and providing services.
6 So what do we have today? Today we
7 have a situation where we have an MTA tax that
8 has ravaged -- no pun -- our economic
9 well-being in many parts of this state. It
10 has also had service cuts in my area, the cuts
11 to the Ronkonkoma-to-Greenport line, cuts in
12 service to the Port Jefferson line. I live in
13 the Village of Port Jefferson, and people who
14 use that service are inconvenienced by the
15 cuts.
16 Most importantly, to a point, yes,
17 we can make cuts, you know, of certain
18 personnel and do certain things. But one of
19 the last -- the last question that I asked the
20 nominee was that in the year 2010, as opposed
21 to when the MTA was created -- and on Long
22 Island, when it was created, people went into
23 New York City to work. Today, 80-plus percent
24 either work intercounty or intracounty.
25 So my question and my question for
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1 years has been, in terms of reform, that we
2 need to create a new paradigm. It is obvious
3 that the existing model, the existing
4 structure just doesn't work. And so I think
5 it's critically important for MTA board
6 members to force the process to change. This
7 is not something new. It is something that
8 has been discussed that we need to make new
9 changes, new modeling to provide services to
10 the commuter.
11 Today, one of my supervisors came
12 up with the jingle, I guess, "Taxation Without
13 Transportation."
14 So for many of the people in my
15 district, and I would remind -- one thing that
16 we do have in common, as a Staten Islander
17 with representing Eastern Long Island, Staten
18 Island wanted to secede from New York City and
19 the individuals in the East End wanted to
20 leave Suffolk County and form Peconic County.
21 So I think he understands the
22 chemistry of the constituency on Eastern Long
23 Island. But quite honestly, whether it's
24 Eastern Long Island or Western Nassau, it's
25 all the same.
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1 So, Madam President, with some
2 regret, I vote no on this nomination.
3 ACTING PRESIDENT SAVINO: Senator
4 Klein.
5 SENATOR KLEIN: Madam President,
6 I'd like to second the nomination of Allen
7 Cappelli.
8 I have had the opportunity to know
9 and work with Allen during his tenure working
10 for Bronx Borough President Freddy Ferrer.
11 And when you look at Allen's
12 resume, you quickly realize that here's
13 somebody that served this community, served
14 this state, and someone who you can consider a
15 public man.
16 He worked for the Office of the
17 New York State Ombudsman. He was assistant
18 deputy superintendent to the New York State
19 Superintendent of Insurance. He was on the
20 Unemployment Insurance Appeals Board. The
21 list goes on and on.
22 And I think the balance, besides
23 working in various government positions, is
24 his dedication to his community in Staten
25 Island.
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1 So I know the great county of
2 Staten Island has some individual problems
3 that I think certainly will be met by the
4 expertise of Allen Cappelli. I second the
5 nomination wholeheartedly.
6 ACTING PRESIDENT SAVINO: Senator
7 Saland.
8 SENATOR SALAND: Thank you, Madam
9 President.
10 Madam President, I in part want to
11 echo the comments of Senator LaValle. It
12 seems not too long ago that we were here
13 confirming Jay Walder as the CEO and chief
14 executive of the MTA. And I recall at that
15 time having had the opportunity to question
16 him when he was in the Finance Committee,
17 speaking of his qualifications on the one hand
18 and on the impact of the MTA in the region
19 that I represent on the other hand.
20 At that time, with a degree of
21 reluctance, given the fact that I thought he
22 truly had the bona fides but was fearful of
23 the fact that he would be more of the same, I
24 cast a vote in opposition to Jay Walder. And
25 I find myself being placed in somewhat the
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1 same predicament.
2 As a Senator who represents an area
3 which has come to be known in MTA parlance as
4 one of the "Quarter Pounders" -- in this case,
5 Dutchess County, which along with Putnam and
6 Orange and Rockland each have a quarter of a
7 vote -- we have a very modest number of
8 commuters, somewhere in the area of about
9 11,000. And we pay an average of well in
10 excess of $30,000 for the dubious distinction
11 of being part of Metro North.
12 In my district, quite candidly, MTA
13 is a four-letter word. It's a vilification.
14 It is something which is viewed not merely
15 with anger but with frustration and even
16 hatred. And the payroll tax that was imposed
17 upon our district was the straw that truly
18 broke the camel's back.
19 I saw Mr. Cappelli in the Finance
20 Committee. He certainly comported himself
21 well. I bear him no malice. But I can find
22 little or nothing redeeming about being a
23 revenue hostage in the MTA.
24 And when I asked Mr. Cappelli about
25 how it came to pass that the transit authority
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1 found itself in binding arbitration, he
2 responded by advising me and the members of
3 the committee present at that time that that
4 was not a board decision. I believe the
5 question I asked him was whether it was a
6 board decision, and he said no, it was not.
7 That decision was made by Mr. Walder's
8 predecessor, Mr. Sanders.
9 And I found that just absolutely
10 appalling. And I don't know how one person
11 unilaterally could have imposed that binding
12 arbitration upon that system. And when I
13 asked if in fact there was any effort to
14 censure Mr. Sanders for having done that, the
15 response was, well, he had already been gone.
16 Well, you know, when you're on the
17 board, it's a heavy responsibility. And for
18 an agency that is renowned for being, on the
19 whole, insensitive, irresponsible,
20 inefficient -- and I can go on and on and
21 on -- you would think that that was truly over
22 the top. It was a dereliction of at least
23 some responsibility to let the public know
24 that you disagreed with this decision. And
25 whether it was a censure, whether it was some
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1 form of criticism of the act, nothing was
2 forthcoming.
3 So I, as I said, bear no malice to
4 Mr. Cappelli. He's not from my neck of the
5 woods, so to speak. But I can't in good
6 conscience look to Mr. Cappelli and say
7 somehow or other there will be some difference
8 in the way the MTA is administered that
9 somehow or other my part of that enormous
10 undertaking is going to be any better served.
11 I just see more of the same, and more of the
12 same is enormous pain.
13 And I am compelled to vote in
14 opposition to his reconfirmation.
15 Thank you, Madam President.
16 ACTING PRESIDENT SAVINO: Senator
17 L. Krueger.
18 SENATOR LIZ KRUEGER: Thank you.
19 I would also like to rise to second the
20 nomination to continue on the MTA board of
21 Allen Cappelli.
22 I also was at the Finance Committee
23 meeting this morning where members of this
24 committee put him through a very rigorous set
25 of questioning about decisions made by the
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1 MTA, the board -- in fact, questioning our own
2 decisions here in the Legislature vis-a-vis
3 the MTA.
4 There was frustration voiced about
5 the MTA and public transportation in various
6 parts of the state. I point out that when you
7 go to hearings in New York City or outside New
8 York City, you hear frustrations all round.
9 But in fact, this gentleman has
10 held the highest standards as a board member
11 to fight for the best interests of public
12 transportation and the users of public
13 transportation throughout the state. And I am
14 very glad that people like Allen want to
15 continue to serve on the MTA board.
16 So I'm delighted to support his
17 reconfirmation to the MTA board.
18 Thank you very much for your
19 service.
20 ACTING PRESIDENT SAVINO: Senator
21 Leibell.
22 SENATOR LEIBELL: Thank you,
23 Madam President.
24 You've heard from a number of my
25 colleagues today that in Senate Finance today
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1 we had a chance to hear from the nominee. And
2 we certainly appreciate that he was there to
3 answer our questions.
4 Let me say that in my many years in
5 office, both in the Assembly and the State
6 Senate, I doubt that I have seen greater anger
7 over any issue than this in our districts and
8 in my district in the Hudson Valley.
9 In our region, the MTA is
10 thoroughly disliked. There are many agencies
11 and authorities that run very well.
12 Unfortunately, this is not one of them.
13 You've heard the costs that are involved in
14 our passengers coming from our regions into
15 the city, how we are taxed to the fullest. I
16 have to tell you, the payroll tax is one of
17 the most disliked taxes you will ever find.
18 To sum it up, there's an anger,
19 there's a frustration out there on the behalf
20 of our constituents, our residents, towards
21 the MTA. The payroll tax is probably one of
22 the most crippling taxes that could be
23 inflicted upon our region of the state, which
24 already bears a high tax burden, one of the
25 highest in the United States.
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1 So I regret that as I stand here
2 I'm not able to support this nomination. I
3 would hope, though, that the nominee, if
4 confirmed, will go back to the MTA, let the
5 people who work there and the board members
6 know how disliked that entity is by the
7 constituents that I represent and that my
8 constituents deserve so much better than they
9 give.
10 Thank you.
11 ACTING PRESIDENT SAVINO: Senator
12 DeFrancisco.
13 SENATOR DeFRANCISCO: Thank you.
14 I rise to vote in favor of this nominee.
15 And having lived in Staten Island,
16 I know that it's Richmond County, not Staten
17 Island County. And I'm sure that was a slip
18 of the tongue by one of my colleagues.
19 But I understand that it's a very
20 difficult situation, the MTA. And I
21 understand the frustration of my colleagues.
22 It's amazing to me that anyone would want to
23 be on that board without compensation in view
24 of the headaches that that board provides.
25 I just want to mention one thing
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1 that he said during the confirmation hearings
2 that I was very impressed with. He wants to
3 make sure that the service is there and cut
4 the bureaucracy, cut the administration, cut
5 the dead weight that has grown over the years
6 since well before the time he was on that
7 board.
8 So I understand the frustration of
9 my colleagues, and I would hope that some of
10 the things that he mentioned he will in fact
11 do. Because in a way, policy is in many ways
12 set by the board members.
13 The policy to have a payroll tax
14 was a policy set by this body, not the members
15 of the board. Certain people in this
16 conference here -- all of the people on this
17 side of the aisle -- voted against that
18 payroll tax. He didn't put the payroll tax
19 in. And we should not blame the appointees to
20 a board when we made that policy decision, or
21 at least some of us in this body did.
22 The reason I mention policy is
23 because we have the West Genesee High School
24 government policy class here. And
25 unfortunately, we don't have any bills to
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1 debate, any juicy bills that we can debate.
2 But policy is set in many ways by who the
3 Governor appoints and who we confirm.
4 Lastly, I remember when we went
5 into that whole discussion to as to how the
6 MTA was going to be saved. And I remember
7 vividly all my other 16 years in the Senate
8 that whenever there was a package for the MTA,
9 there was a package for roads and bridges
10 upstate. And I remember distinctly, when that
11 package was put together for the MTA to help
12 bail it out, that we were going to deal with
13 the roads and bridges of upstate, a plan for
14 the roads and bridges in October or in the
15 fall. Well, we're now in the spring, rapidly
16 approaching the summer and another fall, and
17 we still forgot about those roads and bridges.
18 I haven't forgotten. The upstate
19 representatives haven't forgotten. And we
20 would hope that we get to that extremely
21 important issue before this session is over.
22 Thank you, Madam President, and I
23 will vote aye on the nominee.
24 ACTING PRESIDENT SAVINO: Senator
25 Marcellino.
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1 SENATOR MARCELLINO: Thank you,
2 Madam President.
3 I wish to thank Mr. Cappelli for
4 his willingness to serve and for his service
5 in government. He chose a very difficult
6 position to accept at a very difficult time in
7 our state's history.
8 When I listened to his testimony in
9 answer to my questions in the Finance
10 Committee hearing, I liked what I heard. He
11 talked about a bloated bureaucracy, he talked
12 about cutting it, he talked about maintaining
13 services, he talked about making sure that the
14 system was available for the people it was
15 designed to serve: the public. Not an elite
16 system, but a mass transit system.
17 He seemed to recognize the
18 problems, and he heard about the frustrations.
19 And I toyed with a positive vote here on the
20 floor because I did like what I heard from
21 this gentleman.
22 However, I do believe, after
23 thinking about it more and more, I do believe
24 that we have to send a message to the MTA
25 bureaucracy. We have to send a strong message
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1 that their behavior is intolerable, that the
2 system is broken, that no one trusts this
3 particular agency, no one.
4 One day the books are balanced and
5 they're in surplus, the next day they're in
6 deficit. Right now I understand, from
7 Mr. Cappelli's testimony, they're looking for
8 $750 million to fill a gap. The MTA tax,
9 which was designed to prevent this from
10 happening, apparently has failed. It is not
11 providing the revenue needed. Instead, it's
12 costing jobs on Long Island. It's costing
13 jobs throughout this state.
14 We need to send a strong message to
15 the MTA board, and I hope Mr. Cappelli will
16 carry it. I hope he will. I'll be more than
17 willing to work with him, and I know my
18 colleague Senator LaValle and the gentlemen
19 who speak earlier will all be willing to work
20 with him for the benefit of the ridership, the
21 people who need the system.
22 My constituents want to be able to
23 get on the Long Island Railroad and travel
24 into the City of New York or to their jobs and
25 be able to afford it. Right now they can't.
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1 Right now they're being priced out of the
2 system and they're being forced back into
3 their cars, someplace we don't want them.
4 We would rather see people riding
5 the trains and the buses. Bus service on Long
6 Island is an abomination. And the trains are
7 becoming just so expensive that the average
8 person simply can't afford it. So the reverse
9 is happening. We want them in the mass
10 transit, not in their cars.
11 So I'm going to vote no on this
12 nomination. Not because I'm opposed to
13 Mr. Cappelli, but I am opposed to the policies
14 and the behavior of the MTA as a whole. It's
15 got to change. And the message has to be sent
16 loud and clear from this Legislature that we
17 will not tolerate it any longer.
18 Enough is enough. They've got to
19 start performing, they've got to start living
20 within their means. They cannot be coming
21 back looking for more and more and more money,
22 more and more and more fee increases, more and
23 more and more fare increases, and providing
24 less and less service to the riding public.
25 That, Madam President, is totally intolerable.
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1 So I thank you for your indulgence
2 in allowing me to speak, but I will be voting
3 no on Mr. Cappelli's nomination.
4 ACTING PRESIDENT SAVINO: Senator
5 Dilan.
6 SENATOR DILAN: Yes, Madam
7 President, I rise in support of this
8 nomination.
9 And I just want to indicate that as
10 chairman of the Transportation Committee, we
11 did have Mr. Cappelli actually come before the
12 committee. And we did ask very tough
13 questions of Mr. Cappelli, because I too had
14 questions with regard to the way that the MTA
15 board has handled itself.
16 However, as a result of the
17 questioning that happened in the
18 Transportation Committee of Mr. Cappelli, we
19 found out that he's an advocate for the riders
20 of the system, he's imaginative, and of many
21 of the members that serve on that committee,
22 he is one of those that is very active and
23 also questions the system and ensures that the
24 MTA does the right things. And at those
25 meetings he too asked the tough questions of
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1 the chairman and the bureaucracy at the MTA.
2 And for that reason and many more,
3 as an active member of the MTA board, my mind
4 was changed after questioning him. And I
5 believe that we should all confirm his
6 nomination. And at that time members of the
7 other side of the aisle, I believe, were also
8 impressed with his answers and also found out
9 the type of individual that he is.
10 And I don't think that we should be
11 blaming Mr. Cappelli for the economic state
12 that we're in in the State of New York, or
13 that of the MTA.
14 And I know there was a comment made
15 with respect to the capital budget, roads and
16 bridges, which have nothing really to do with
17 the MTA except for the fact that last year we
18 did do a two-year plan for them which
19 ultimately was rejected by the Capital Review
20 Board, where we had the commissioner of DOT
21 veto that capital budget.
22 So in essence, ladies and
23 gentlemen, the MTA does not have a capital
24 plan and the current capital plan that is in
25 effect to the end of this fiscal year is that
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1 one that was done nearly five years ago. And
2 in the current budget, as we made a commitment
3 last year, we're looking to fund a new capital
4 plan. I just wanted to make that clear for
5 the record.
6 And again, I ask that we confirm
7 Mr. Cappelli. Thank you.
8 ACTING PRESIDENT SAVINO: Thank
9 you.
10 Are there any other Senators
11 wishing to be heard on this nomination?
12 Senator Perkins.
13 SENATOR PERKINS: Thank you,
14 Madam Chair.
15 I just want to take a moment, as
16 the chair of the Committee on Corporations,
17 Authorities and Commissions, particularly
18 concerned about the MTA and the important role
19 that it plays not only in our city but for our
20 region, and the need to have the caliber of
21 support that this nominee will be able to
22 provide for the system, especially during this
23 critical period when there are so many
24 challenges affecting our customers, affecting
25 our businesses.
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1 And with the kind of vision and the
2 kind of leadership that Mr. Cappelli has
3 provided up to now, we will need even more so
4 as we go down this very, very difficult road.
5 He has obviously an outstanding
6 resume of public service. And in his capacity
7 on that board up to now, he has shown himself
8 to be someone that is sensitive and that is
9 very much concerned about the future,
10 especially from the perspective of the
11 customers for this system.
12 And it's the kind of vision and the
13 kind of leadership that I wish we could have
14 with regard to so many of our other public
15 authorities that we are going to see in him.
16 In fact, as we move towards more
17 transparency and accountability with the new
18 legislation that we have passed and was signed
19 by the Governor on public authority reform,
20 he's the one for the time.
21 And so I just wanted to make sure
22 that my voice was lent in support of this
23 nomination and encourage my colleagues to do
24 the same.
25 Thank you so much.
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1 ACTING PRESIDENT SAVINO: Are
2 there any other Senators wishing to be heard
3 on this nomination?
4 Seeing none, the question is on the
5 motion to confirm the nomination. All those
6 in favor please signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT SAVINO:
9 Opposed, nay.
10 (Response of "Nay.")
11 ACTING PRESIDENT SAVINO: The
12 motion carries. The reappointment of Allen
13 Cappelli of Staten Island, Richmond County, to
14 the MTA board is confirmed.
15 Congratulations.
16 (Applause.)
17 ACTING PRESIDENT SAVINO: The
18 Secretary will continue to read.
19 THE SECRETARY: As a member of
20 the Administrative Review Board for
21 Professional Medical Conduct, Dattatraya
22 Wagle, of Williamsville.
23 As directors of the Municipal Bond
24 Bank Agency, Naomi Bayer, of Rye Brook, and
25 William Myers, of Ithaca.
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1 As members of the Dormitory
2 Authority, John B. Johnson, Jr., of Watertown,
3 and Charles G. Moerdler, of Riverdale.
4 As members of the Lake George Park
5 Commission, Dean Cook, of Ticonderoga, and
6 David G. Floyd, of Huletts Landing.
7 As a member of the State Park,
8 Recreation and Historic Preservation
9 Commission for the City of New York, Simon C.
10 Roosevelt, of New York City.
11 As members of the Veterans' Affairs
12 Commission, Luis Barsallo, of Waterford; James
13 R. Edgar, of Schenectady; Rebecca C. Keough,
14 of Fayetteville; Michelle Lindsay, of
15 Stillwater; and Kevin G. McKenna, of
16 Wynantskill.
17 As director of the New York State
18 Urban Development Corporation, Robert Dyson,
19 of Millbrook.
20 As members of the Advisory Council
21 on Agriculture, Leslie L. Cole, Jr., of
22 Livonia; Russell J. Kelly, Jr., of
23 Fultonville; Robert W. Nolan, of East
24 Patchogue; Robert B. Reynolds, Jr., of
25 Hamburg; Daniel W. Sievert, of Burt; James L.
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1 Vincent, of Byron; and Charles E. Wille, of
2 Montgomery.
3 As members of the Advisory Council
4 on Alcoholism and Substance Abuse Services,
5 Herbert Barish, of Nyack; Katharine
6 Briar-Lawson, of Wynantskill; Lawrence Brown,
7 Jr., of Brooklyn; Lynda Marlene Karig-Hohmann,
8 of Albany; Kathleen Riddle, of Larchmont; and
9 John Tavolacci, of East Williston.
10 As members of the Mental Health
11 Services Council, Todd L. Benham, of
12 Watertown; Janice Laverne Cooper, of Harrison;
13 David Hamilton, of Delmar; David R. Kaczynski,
14 of Schenectady; and Luis R. Marcos, M.D., of
15 New York City.
16 As members of the State Camp Safety
17 Advisory Council, Eric A. Bacon, of Camillus,
18 and Douglas W. Pierce, of Roslyn.
19 As members of the State Council on
20 the Arts, Jill Erika Braufman, of New York
21 City, and Natalie Merchant, of Tivoli.
22 As a member of the Board of
23 Visitors of the Hudson River Psychiatric
24 Center, Karen Bishop Pilner, of Pleasantville.
25 As a member of the Board of
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1 Visitors for the New York State Home for
2 Veterans and Their Dependents at Batavia,
3 Gerald J. Diskin, of LeRoy.
4 As a member of the Board of
5 Visitors for the New York State Home for
6 Veterans and Their Dependents at Oxford, Mary
7 E. Smallcomb, of Vestal.
8 And as a member of the Board of
9 Visitors for the New York State Home for
10 Veterans and Their Dependents at St. Albans,
11 Elva L. Girton, of Wappingers Falls.
12 ACTING PRESIDENT SAVINO: Senator
13 Kruger.
14 SENATOR CARL KRUGER: Madam
15 President, please move those nominations.
16 Thank you.
17 ACTING PRESIDENT SAVINO: Are
18 there any Senators wishing to be heard on the
19 nominations?
20 Senator C. Johnson.
21 SENATOR CRAIG JOHNSON: Thank you
22 very much, Madam President. Good to see you
23 up there.
24 I rise to second the nomination of
25 Douglas W. Pierce as a member of the State
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1 Camp Safety Advisory Council. I commend the
2 Governor for reappointing Mr. Pierce, who is a
3 constituent of mine and, more importantly, a
4 friend for a number of years.
5 I can't think of anybody better to
6 serve on this board. If you look through his
7 resume, Doug -- I'm sorry, Mr. Pierce has
8 extensive experience, lifelong experience.
9 His family owns a number of camps in New York
10 State, both day camps and sleep-away camps.
11 But more importantly, I worked very
12 closely with Mr. Pierce last year to address
13 some very important safety issues involving
14 our camps. He's extremely knowledgeable,
15 extremely dedicated, and his reappointment
16 will really help make camping here in New York
17 State a better place.
18 I proudly support this nomination
19 and urge my colleagues to do so as well.
20 Thank you.
21 ACTING PRESIDENT SAVINO: Are
22 there any other Senators wishing to be heard
23 on the nominations?
24 Senator Marcellino.
25 SENATOR MARCELLINO: Yes, Madam
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1 President. I too rise to second my colleague
2 Craig Johnson's words on this nominee.
3 I have known his family and his
4 father for a number of years. Good people.
5 They have served the county and they have
6 served the state and they've served their
7 industry well.
8 And I know that Mr. Pierce will do
9 a fine job in his position for which the
10 Governor has nominated him. I congratulate
11 the Governor on a very good nomination.
12 Thank you.
13 ACTING PRESIDENT SAVINO: Are
14 there any other Senators wishing to be heard
15 on the nominations?
16 Seeing none, the question is on the
17 motion to confirm the nominations. All those
18 in favor please signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT SAVINO:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT SAVINO: The
24 motion carries. The nominations are
25 confirmed.
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1 Returning to the order of business,
2 reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Klein.
7 SENATOR KLEIN: Madam President,
8 can you please recognize Senator Libous. He
9 has one floor motion.
10 ACTING PRESIDENT SAVINO: Senator
11 Libous.
12 SENATOR LIBOUS: Thank you, Madam
13 President.
14 On behalf of Senator Morahan, Madam
15 President, on page 14 I offer up the following
16 amendments to Senate Calendar Number 209,
17 Senate Print 1535, and ask that the said bill
18 retain its place on the Third Reading
19 Calendar.
20 ACTING PRESIDENT SAVINO: So
21 ordered.
22 Senator Klein.
23 SENATOR KLEIN: Madam President,
24 I have a resolution at the desk. I ask that
25 the title of the resolution be read and move
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1 for its immediate adoption. And I'd also like
2 to speak on my resolution.
3 ACTING PRESIDENT SAVINO: Senator
4 Klein, has this resolution been deemed
5 privileged and submitted by the office of the
6 Temporary President?
7 SENATOR KLEIN: Yes, it has,
8 Madam President.
9 ACTING PRESIDENT SAVINO: The
10 Secretary will read.
11 THE SECRETARY: By Senator Klein,
12 legislative resolution urging the New York
13 State Congressional delegation to enact the
14 Prevent All Cigarette Trafficking Act.
15 ACTING PRESIDENT SAVINO: Senator
16 Klein.
17 SENATOR KLEIN: Thank you, Madam
18 President.
19 Every once in a while an issue
20 comes around that you spend an awful lot of
21 time working on. And the issue of untaxed
22 cigarettes is certainly that issue in my
23 career.
24 I passed legislation when I was a
25 member of the State Assembly which was signed
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1 into law in 2000, which at the time was
2 landmark legislation which banned the sale of
3 cigarettes over the Internet through mail
4 order.
5 We had a difficult time with the
6 enforcement. There was a challenge to the
7 legislation. It was eventually upheld by a
8 federal circuit court. Then Attorney General
9 Eliot Spitzer and myself negotiated with
10 credit card companies -- actually, credit
11 cards companies agreeing not to accept
12 payments with credit cards for cigarette
13 sales. We got Federal Express and UPS to once
14 again agree not to deliver these cigarettes.
15 But unfortunately, there was a
16 major loophole. And the loophole was that the
17 United States Postal Service was still
18 delivering these cigarettes.
19 This issue was very important for
20 two reasons. First of all, over the years
21 we've seen time and time again that when
22 cigarettes are sold over the Internet, it
23 allows young people to purchase cigarettes, no
24 questions asked. Cigarettes have been
25 delivered to young people as young as 14 years
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1 of age. And that has to end.
2 The issue that certainly resonates
3 with many of us here, and especially during
4 these tough budget times, is the issue of
5 uncollected tax revenue.
6 My colleague Chairman Kruger over
7 the last year has done a tremendous job in
8 alerting the public to how much money we are
9 really losing every year to untaxed
10 cigarettes. The lion's share of those untaxed
11 cigarettes are those sold over the Internet.
12 Well, this past week the United
13 States Senate passed the Prevent All Cigarette
14 Trafficking Act, which will essentially ban
15 the delivery of cigarettes through the United
16 States Postal Service. I called
17 Congressmember Anthony Weiner today, who has
18 the companion bill in the United States
19 Congress, and supposedly the bill is going to
20 pass as early as tomorrow.
21 So the timing is excellent. This
22 is an opportunity for us to collect anywhere
23 from $500 million to a billion dollars in
24 uncollected tax revenue, money that the
25 taxpayers of the State of New York need so
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1 much. And at the end of the day, we can
2 finally put an end to what I consider is the
3 illicit trade of selling cigarettes over the
4 Internet.
5 So I urge the New York State
6 Congressional delegation to enact the Prevent
7 All Cigarette Trafficking Act.
8 Thank you, Madam President.
9 ACTING PRESIDENT SAVINO: Senator
10 Libous.
11 SENATOR LIBOUS: Thank you, Madam
12 President.
13 I want to rise and congratulate
14 Senator Klein for putting this resolution
15 forth.
16 He mentioned that when he was in
17 the Assembly, I was in the Senate, and we
18 worked together on a number of these issues
19 and actually were published in a book for our
20 efforts in going after this type of trade.
21 I think the time has come where
22 this bill, if hopefully it comes before
23 Congress tomorrow, is passed swiftly. And
24 certainly the efforts that have been put forth
25 in this house in the past, along with the
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1 efforts of Senator Klein when he authored the
2 legislation in the Assembly, show the
3 taxpayers of the state that indeed not only
4 are we going after the Internet trafficking of
5 illegal cigarettes, but at the same time there
6 is a tremendous revenue stream that can come
7 to the state.
8 So, Senator Klein, I want to
9 applaud you on this effort and support it
10 100 percent.
11 ACTING PRESIDENT SAVINO: Are
12 there any other Senators wishing to be heard
13 on this resolution?
14 Seeing none, the question is on the
15 resolution. All those in favor please signify
16 by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT SAVINO:
19 Opposed, nay.
20 (Response of "Nay.")
21 ACTING PRESIDENT SAVINO: The
22 resolution is adopted.
23 Senator Klein has indicated that he
24 would like to open this resolution up to the
25 entire body for cosponsorship. Anyone not
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1 wishing to be a cosponsor please notify the
2 desk.
3 Senator Klein.
4 SENATOR KLEIN: Thank you, Madam
5 President.
6 At this time I move that we pass
7 the Resolution Calendar in its entirety, with
8 the exception of Senate Resolutions 4205,
9 4227, and 4108.
10 ACTING PRESIDENT SAVINO: All
11 those in favor of adopting the Resolution
12 Calendar in its entirety, with the exception
13 of Resolutions 4227, 4108, and 4205, please
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT SAVINO:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT SAVINO: The
20 Resolution Calendar is adopted.
21 Senator Klein.
22 SENATOR KLEIN: Madam President,
23 at this time I move to take up Senate
24 Resolution 4205, by Senator Morahan. I ask
25 that the title of the resolution be read and
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1 move for its immediate adoption. And I know
2 Senator Maziarz wants to speak on this
3 resolution.
4 ACTING PRESIDENT SAVINO: The
5 Secretary will read.
6 THE SECRETARY: By Senator
7 Morahan, Legislative Resolution Number 4205,
8 memorializing Governor David A. Paterson to
9 proclaim March 2010 as Spread the Word to End
10 the Word Awareness Month in the State of
11 New York.
12 ACTING PRESIDENT SAVINO: Senator
13 Maziarz.
14 SENATOR MAZIARZ: Thank you very
15 much, Madam President and Senator Klein.
16 This resolution was sponsored by
17 Senator Morahan. It is cosponsored by myself
18 and our colleague Senator Bill Perkins.
19 Spread the Word to End the Word is
20 an ongoing effort by the Special Olympics and
21 its supporters to raise the consciousness of
22 society about the dehumanizing and hurtful
23 effects of the word -- and I'm going to say
24 the word. This is a resolution not to say the
25 word, but in order for everyone to know what
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1 we are talking about, the word is "retard" --
2 and to encourage people to pledge to stop
3 using that "R" word.
4 Throughout the month of March,
5 youth and friends of the global movement
6 Special Olympics will be hosting rallies and
7 implementing grassroots outreach efforts to
8 encourage members of their communities to take
9 the pledge to stop using the "R" word in a
10 demeaning manner.
11 Respectful and inclusive language
12 is essential to the movement for the dignity
13 and humanity of people with intellectual
14 disabilities. However, much of society does
15 not recognize that.
16 We all know when we were young
17 people in school, you know, and we saw
18 somebody who may have had some mental
19 incapacities or may have had some mental
20 challenges, we would refer to them by the "R"
21 word. I think it was because we had no idea
22 how much that hurt people, how much that hurt
23 grandparents and parents who would hear their
24 children referred to by the "R" word.
25 Senator Morahan, who
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1 unfortunately -- he's doing great. I talked
2 to him today, by the way. He is home -- could
3 not be here. But he wanted me to express his
4 support for this resolution and to ask all of
5 our colleagues to sign on as cosponsors of it.
6 And there are representatives of
7 the Special Olympics New York here today.
8 Hilary Kellogg is the director. And there are
9 several people in the gallery today from the
10 Special Olympics.
11 And I want to thank you for the
12 very special work that you do -- including one
13 of our Olympians is here today, Beth
14 Costello -- and thank Special Olympics for the
15 all the work they do across New York. This is
16 one thing that we can agree -- we disagree on
17 a lot of things down here, believe it or not.
18 Some of us, you know, have geographic
19 disagreements -- Long Island, New York City,
20 upstate, even Binghamton once in a while we
21 disagree with.
22 But one thing we all agree with is
23 to, number one, to congratulate you on your
24 campaign to stop the "R" word. You see the
25 sponsors, Senator Morahan, from the Hudson
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1 Valley region, my colleague Senator Perkins
2 from New York City, and myself, from upstate,
3 the far northwest corner of New York, all of
4 us join together in congratulating you for
5 this campaign, encouraging you to go further
6 to stop the use of the "R" word, and really to
7 salute you and thank you for all the great
8 work that Special Olympics do for some very
9 special, talented people in New York.
10 Thank you.
11 ACTING PRESIDENT SAVINO: Senator
12 Libous.
13 SENATOR LIBOUS: Thank you, Madam
14 President.
15 I would ask if the rest of us could
16 go on as cosponsors, Senator. I'm sure
17 Senator Morahan would concur with that. And
18 we can join together and do something
19 extremely productive in this house this
20 afternoon with all 62 members of the Senate
21 supporting this resolution.
22 Madam President, I have been
23 blessed in my life and particularly my Senate
24 life for the last 22 years, in being involved
25 with the folks from Special Olympics. And I
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1 see my good friend Neal Johnson here today.
2 If you have not been involved, I
3 would ask that you get yourself involved with
4 Special Olympics. Take the time out of your
5 schedule, visit when your local has the games,
6 whether they be the winter games or the summer
7 games, and experience for yourself the
8 exhilarating feeling in watching these
9 athletes compete and knowing that of all the
10 things we debate and discuss here in this
11 chamber, that we can come together in helping
12 those folks with developmental disabilities
13 have a wonderful life, a life full of fun and
14 activity.
15 And let me tell what you will get
16 out of that. You will get from them the love.
17 And you will feel it. And you will feel
18 energized after you leave a Special Olympics
19 event.
20 So, Senator Morahan, I'm glad
21 you're doing better. Thank you for this
22 resolution, Senator Maziarz for bringing to
23 the floor.
24 And to all of my friends who have
25 dedicated their lives to Special Olympics in
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1 New York State, thank you for being here. And
2 I hope that that horrible word is never
3 uttered by any members of this house, and I
4 believe that it won't be ever again, and that
5 other New Yorkers will take it away from their
6 vocabulary.
7 ACTING PRESIDENT SAVINO: Senator
8 Perkins.
9 SENATOR PERKINS: Thank you very
10 much, Madam President.
11 I want to, you know, express my
12 appreciation to my colleague who has been
13 leading this effort. You know, there are many
14 "R" words out here that we need to ban.
15 Sometimes they begin with "N," and sometimes
16 they begin with "B," sometimes they begin with
17 "F."
18 But today we want to talk about the
19 one that we have come to know about as the "R"
20 word, the "R" word that maybe, as young
21 people, we thought we could use without having
22 the appreciation of what it means to be called
23 retarded and what it means to those who may be
24 having their own challenges. But maybe we use
25 it carelessly, not meaning to hurt -- but
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1 nevertheless we do, especially for those who
2 are on the other end of it and who have to
3 suffer the denigration implied by it.
4 And so I'm pleased to be a part of
5 this movement to ban the "R" word, to ban
6 those derogatory words that make us
7 second-class and, if I may, "niggerize" us
8 into moments of embarrassment, not only as
9 individuals, as a community, but also as a
10 society.
11 So this is an important resolution
12 because of how much it speaks to our values as
13 a body, our values as a state, our values as a
14 country.
15 And so to that movement that has
16 joined us today to help us understand and to
17 be sensitive to the use of this particular
18 word, I want to thank them for their
19 leadership, encourage them to continue to be
20 brave and to be visionary about themselves and
21 about what we can accomplish as legislators
22 and as citizens in this state.
23 And I again want to thank my
24 colleague for allowing me to be a part of this
25 effort to ban the "R" word once and for all.
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1 Thank you so much.
2 ACTING PRESIDENT SAVINO: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: Thank you.
5 Senator Libous beat me to the
6 punch, because what I wanted to talk about was
7 the Special Olympics.
8 I had the honor of being at the
9 opening ceremonies for the Winter Olympics,
10 the Special Olympics in Syracuse, and to
11 observe those opening ceremonies was truly a
12 pleasure. Not only were the Olympians there
13 from all the regions of the state, but the
14 community support, whether it be from the
15 Syracuse University Basketball Team, the
16 cheerleaders, the high school teams -- it was
17 really marvelous.
18 And the impression that I left with
19 the most is that, you know, I've gone to
20 enough sporting events in my life and
21 participated in many, many more, is that this
22 sporting event was truly special. Everybody,
23 no matter what the ability level was, truly
24 left this auditorium and left the fields or
25 the hills feeling that they were winners. And
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1 that's a real important thing.
2 And I'll never forget, as long as I
3 live, there were two Syracuse University
4 basketball players at the lead of each region
5 that was represented in the Special Olympics.
6 And there was one young participant who had
7 her arm around Wes Johnson, the Most Valuable
8 Player in the Big East this year. Wouldn't
9 let go. She was grabbing onto him, he was
10 obviously her hero, and he was smiling from
11 ear to ear. And it showed the importance of
12 the affection going both ways at these
13 particular ceremonies.
14 And the last thing I want to say,
15 the other part that I remember, is the ovation
16 that Neal Johnson got every time his name was
17 mentioned. And the only thing I request in
18 return for cosponsoring this legislation is
19 that Neal doesn't run against me.
20 (Laughter.)
21 SENATOR DeFRANCISCO: Thank you,
22 Madam President. I gladly cosponsor this bill
23 and speak in favor of it. Thank you.
24 ACTING PRESIDENT SAVINO: Thank
25 you.
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1 Senator Robach.
2 SENATOR ROBACH: Yes, Madam
3 President. I too rise, very briefly.
4 This is somewhat, I guess, even a
5 little bit of not only an important day but an
6 emotional one in some regard for me. We all
7 love the Special Olympics. I've had a sister
8 who's now 47 years old who's participated in
9 it.
10 But more importantly, I've been so
11 proud of New York State, which has done so
12 much more for only Special Olympics, to let
13 people with extra challenges compete, enjoy
14 the athleticism, accomplishment, what we've
15 done in day treatment, also work experience,
16 giving people with developmental disabilities
17 in this state an opportunity to work, earn
18 some money, and housing and so many other
19 things.
20 And I just wanted to applaud and
21 say I think today is a good day, Senator
22 Maziarz, Senator Morahan, Senator Perkins, for
23 this resolution as well. We should stamp out
24 that word, because it really has come to mean
25 that those people somehow are judged
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1 differently or substandard when all of us in
2 this room who deal with people on an everyday
3 basis know that every single person, every
4 human being has the same thing. We all want
5 to enjoy things, we all want to have comfort,
6 we all want to feel loved.
7 And it's no different for people in
8 the developmentally disabled population group.
9 Though they may be dealing with some extra
10 challenges, it's the same.
11 So today is a good day in this
12 chamber that we're doing this resolution, and
13 I hope is a further step of showing our love
14 for all of our citizens. And many of those, I
15 think, if you look at anybody's family,
16 somewhere in there, or your neighbor's family,
17 somebody is going to be in that group. It's
18 good that we continue to move down this path
19 of civility and wipe out this word that, at
20 best, is passe if not misrepresentative.
21 And I thank everyone for joining in
22 on this. Happy to do so as well.
23 Thank you, Madam President.
24 ACTING PRESIDENT SAVINO: Senator
25 Alesi.
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1 SENATOR ALESI: Thank you, Madam
2 President.
3 We have some people in the
4 gallery -- and I know normally we don't
5 acknowledge them, but from my area that are
6 very special to me. And they're with someone
7 who is very special to all of us, someone who
8 would be the recipient of discrimination with
9 the word that we are today officially being
10 asked to ban.
11 Just as Senator Perkins pointed
12 out, there are other words in our English
13 language that we have already determined are
14 brutally harmful, discriminatory. Senator
15 Duane has pointed these out to us on numerous
16 occasions.
17 So there is a whole list of words
18 that we have come to know that are not just
19 discriminatory but, as I said, brutally
20 painful to those people that are on the
21 receiving end, and equally painful to their
22 families and their friends and the people that
23 work so hard to take special members of our
24 population and make sure that their lives are
25 meaningful.
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1 We talked about Special Olympics.
2 Tomorrow it is my hope that we will have the
3 opportunity to have a privileged resolution on
4 the floor acknowledging the 40th anniversary
5 of Special Olympics in New York State.
6 But let's be certain, the heroes
7 that we recognize in the Special Olympics --
8 and they rightfully deserve our recognition
9 and our praise -- don't make up all of the
10 population of people who are challenged. So
11 recognizing that every one of us has an
12 obligation to be respectful and to be
13 intelligent in the way we speak about our
14 fellow human beings, include not just those
15 people that we're talking about today but all
16 of us, every member of our society. I
17 mentioned Senator Perkins and Senator Duane.
18 We're also, tomorrow, going to
19 recognize, as I said, the achievements of
20 Special Olympics. But we should also, while
21 we're doing that, recognize the achievements
22 of all those people who are good of heart and
23 pure of spirit and embrace -- not just because
24 we're standing here on the floor, but embrace
25 the true meaning of what this resolution is
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1 meant to do.
2 In closing, I would again like to
3 welcome my friends here and thank them for
4 being an inspiration to us, and I'd also like
5 to thank Senator Morahan for his work on his
6 committee and his commitment to get this
7 resolution passed today.
8 ACTING PRESIDENT SAVINO: Are
9 there any other Senators that wish to speak on
10 this resolution?
11 Senator Larkin.
12 SENATOR LARKIN: Thank you, Madam
13 President.
14 You know, I just wish Tom could
15 have been here today, because he has devoted
16 so much time of his life before he ever came
17 here to this cause.
18 You know, I just heard my good
19 friend Jim Alesi talk about certain things. I
20 have always had the impression that, you know,
21 some people say, you know, they're disabled,
22 they're retarded. I hate that word. They're
23 physically challenged.
24 Every year at the United States
25 Military Academy we have one of the biggest
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1 projects that goes on with our Special
2 Olympics, when all of these people come from
3 all over the Hudson Valley, and about a
4 thousand to 1500 cadets, male and female, get
5 involved with these individuals and show them
6 and promote them and entertain them in the
7 light that they are just as good as anybody
8 else.
9 And until one of these days when we
10 stop -- you know, it's true, Senator Perkins
11 just said about using words. Maybe we ought
12 to all extend ourselves and tell people that,
13 you know, they may be different, but they're
14 still the same as we are, human beings.
15 Thank you very much.
16 ACTING PRESIDENT SAVINO: Senator
17 LaValle.
18 SENATOR LaVALLE: Thank you,
19 Madam President.
20 I rise to speak on this resolution.
21 I think it's very important that we recognize
22 Special Olympics and people with special
23 needs.
24 In the mid-1970s, this state and
25 indeed our country really turned a corner in
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1 providing legislation both at the state level
2 and federal level to provide a free and
3 appropriate education for students with
4 handicapping conditions. Those were the words
5 that were articulated in the mid-1970s.
6 With each decade, we have made huge
7 changes in opportunities for employment,
8 opportunities for housing, opportunities for
9 transportation. At one time those were things
10 that were kind of a dream put off, and it all
11 began to come together.
12 The Special Olympics provides
13 another opportunity for individuals to be all
14 that they can be. And today in our country,
15 and certainly in this state, there is nothing,
16 no impediment that an individual faces that
17 they cannot overcome.
18 And so we have made huge changes
19 since the 1970s to this 2010. And I look
20 forward to seeing that we can truly, truly,
21 truly have a brotherhood where there is no
22 discrimination and everyone has the
23 opportunity to be all that they can be.
24 Thank you, Madam President.
25 ACTING PRESIDENT SAVINO: Are
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1 there any other Senators wishing to be heard
2 on this resolution?
3 Seeing none, the question is on the
4 resolution. All those in favor please signify
5 by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT SAVINO:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT SAVINO: The
11 resolution is adopted.
12 Senator Morahan has indicated that
13 he would like to open this resolution up to
14 the entire body for cosponsorship. Any
15 Senator wishing not to be on the resolution
16 please inform the desk.
17 Senator Klein.
18 SENATOR KLEIN: Madam President,
19 at this time I move we take up Senate
20 Resolution Number 4227, by Senator Onorato. I
21 ask that the title of the resolution be read
22 and move for its immediate adoption and allow
23 Senator Onorato to speak on his resolution.
24 ACTING PRESIDENT SAVINO: The
25 Secretary will read.
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1 THE SECRETARY: By Senator
2 Onorato, Legislative Resolution Number 4227,
3 commemorating the 99th Anniversary of the
4 Triangle Shirtwaist Factory Fire on March 25,
5 2010.
6 ACTING PRESIDENT SAVINO: Senator
7 Onorato.
8 SENATOR ONORATO: Thank you,
9 Madam President.
10 I rise today to invite everybody
11 here to join on this resolution by carrying on
12 the tradition of a very dear friend of our
13 ours, one of our former colleagues, Senator
14 Serph Maltese, who introduced this resolution
15 for many, many years, who lost members of his
16 immediate family in the fire.
17 And on next Wednesday, on
18 March 23rd, we will be having a ceremony right
19 downstairs in the mall right outside of the
20 Key Bank, at 1:30, for a ceremony with the
21 Commissioner of Labor. And we invite
22 everyone, if it's at all possible to put it on
23 your schedule, to take part in this ceremony.
24 Thank you.
25 ACTING PRESIDENT SAVINO: Are
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1 there any other Senators wishing to be heard
2 on this resolution?
3 There being none, the question is
4 on the resolution. All those in favor please
5 signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT SAVINO:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT SAVINO: The
11 resolution is adopted.
12 Senator Onorato has indicated that
13 he would like to open this resolution up to
14 the entire body for cosponsorship. Any
15 Senator not wishing to be on the resolution
16 please inform the desk.
17 Senator Klein.
18 SENATOR KLEIN: Madam President,
19 on behalf of Senator Ruth Hassell-Thompson,
20 there will be a meeting of the Majority
21 Conference in the Majority Conference Room at
22 5 o'clock.
23 ACTING PRESIDENT SAVINO: Meeting
24 of the Senate Majority in the Majority
25 Conference Room at 5 o'clock.
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1 Senator Klein.
2 SENATOR KLEIN: Madam President,
3 is there any further business at the desk?
4 ACTING PRESIDENT SAVINO: Senator
5 Klein, the desk is clear.
6 SENATOR KLEIN: There being none,
7 Madam President, I move that we adjourn until
8 Wednesday, March 17th, at 1:00 p.m.
9 ACTING PRESIDENT SAVINO: There
10 being no further business to come before the
11 Senate, on motion, the Senate stands adjourned
12 until Wednesday, March 17th, at 1:00 p.m.
13 (Whereupon, at 4:37 p.m., the
14 Senate adjourned.)
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