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

        20

        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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