Regular Session - April 11, 2011
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 11, 2011
11 3:14 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, Acting President
19 FRANCIS W. PATIENCE, 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 MARCELLINO: The
3 Senate will come to order.
4 All rise, please. That's in the
5 gallery too. Join me in the Pledge of
6 Allegiance to our nation.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARCELLINO: The
10 invocation will be given today by Reverend
11 Carol Warner-Ligons, president of the National
12 Association of Women of the Church of God.
13 REVEREND WARNER-LIGONS: Good
14 afternoon. Let us pray.
15 Father, in the name of Jesus, we
16 are here today by Divine Providence. We
17 invite Your awesome, majestic presence into
18 this chamber, the New York State Senate.
19 I pray, Holy Spirit, that You will
20 take full control of every heart and mind and
21 give divine direction, supernatural insight,
22 and make known the mystery of God's will so
23 that every decision will be in the best
24 interest of the people of New York State,
25 putting aside hidden agendas and ulterior
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1 motives.
2 Rebind the spirit of discord,
3 strife and division, and release in its place
4 peace and unity of God. For where there is no
5 vision, the people perish and cast off
6 restraint, resulting in chaos, anarchy, and
7 lawlessness.
8 So I ask You to reveal the
9 knowledge of Your immutable will and plant
10 Your sovereign vision into their hearts so
11 that the New York State Senate will become an
12 instrument in the hand of God that will model
13 justice, fairness, and equity for all people
14 that other states across this nation will
15 emulate.
16 For many are the plans of a man's
17 heart, but it is the purposes and plans of God
18 that will prevail. Thy will be done on earth
19 as it is in heaven. In the name of the
20 Father, the Son, and the Holy Spirit, this I
21 declare and this I decree in the name of
22 Jesus.
23 Amen.
24 ACTING PRESIDENT MARCELLINO:
25 Thank you, Reverend Ligons.
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1 For those of you that might have
2 picked up a resemblance, the good reverend is
3 the sister of our colleague Ruth
4 Hassell-Thompson.
5 Can we have the reading of the
6 Journal, please.
7 THE SECRETARY: In Senate,
8 Sunday, April 10, the Senate met pursuant to
9 adjournment. The Journal of Saturday,
10 April 9, was read and approved. On motion,
11 Senate adjourned.
12 ACTING PRESIDENT MARCELLINO: All
13 in favor of accepting the Journal signify by
14 saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT MARCELLINO:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT MARCELLINO: The
20 Journal is accepted.
21 We have presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
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1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Breslin.
5 SENATOR BRESLIN: Thank you,
6 Mr. President. On behalf of Senator Adams --
7 ACTING PRESIDENT MARCELLINO:
8 Excuse me, Senator Breslin.
9 (Gaveling.) Can we have some order
10 in the house, please.
11 Senator Breslin.
12 SENATOR BRESLIN: On behalf of
13 Senator Adams, I move the following bill be
14 discharged from its respective committee and
15 be recommitted with instructions to strike the
16 enacting clause: Number 3982.
17 ACTING PRESIDENT MARCELLINO: So
18 ordered.
19 Senator Libous.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 Mr. President, I have amendments to
23 offer up to third reading on the following
24 calendar bills.
25 One by Senator Fuschillo would be
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1 Senate Print 526, it's on page 8, Calendar
2 Number 20.
3 One by Senator Lanza, on page 13,
4 Calendar Number 133, Senate Print Number 2938.
5 One by Senator Bonacic, page 21,
6 Calendar Number 253, Senate Print Number 3099.
7 One by Senator Golden, page number
8 22, Calendar Print 265, Senate Print 1407.
9 One by Senator Griffo, page 22,
10 Calendar Number 266, Senate Print 2488.
11 One by Senator Fuschillo, page 8,
12 Calendar Number 22, Senate Print 600.
13 And, Mr. President, I now move that
14 these bills retain their place on the order of
15 third reading.
16 ACTING PRESIDENT MARCELLINO:
17 Thank you, Senator Libous. The amendments are
18 accepted, and the bills will retain their
19 place on the Third Reading Calendar.
20 Senator Libous.
21 SENATOR LIBOUS: Mr. President, I
22 would like to call up Senate Print 3900,
23 recalled from the Assembly, which is now at
24 the desk.
25 ACTING PRESIDENT MARCELLINO: So
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1 ordered. The Secretary will read.
2 THE SECRETARY: Calendar Number
3 205, by Senator Griffo, Senate Print 3900, an
4 act to amend the Military Law.
5 SENATOR LIBOUS: Mr. President, I
6 now move to reconsider the vote by which this
7 bill was passed.
8 ACTING PRESIDENT MARCELLINO: The
9 Secretary will call the roll on
10 reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 SENATOR LIBOUS: Mr. President, I
14 now offer up the following amendments.
15 ACTING PRESIDENT MARCELLINO: The
16 amendments are accepted.
17 Senator Libous.
18 SENATOR LIBOUS: Mr. President, I
19 believe there's a privileged resolution at the
20 desk by Senator Breslin. He would like it
21 please read in its entirety, and then call on
22 Senator Breslin before its adoption.
23 ACTING PRESIDENT MARCELLINO: The
24 Secretary will read the resolution in its
25 entirety.
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1 THE SECRETARY: Legislative
2 resolution by Senator Breslin, congratulating
3 the Shaker High School Girls Basketball Team
4 and Coach Emily Caschera upon the occasion of
5 capturing the Section II Class AA
6 Championship.
7 "WHEREAS, Excellence and success in
8 competitive sports can be achieved only
9 through strenuous practice, team play and team
10 spirit, nurtured by dedicated coaching and
11 strategic planning; and
12 "WHEREAS, Athletic competition
13 enhances the moral and physical development of
14 the young people of this state, preparing them
15 for the future by instilling in them the value
16 of teamwork, encouraging a standard of healthy
17 living, imparting a desire for success, and
18 developing a sense of fair play and
19 competition; and
20 "WHEREAS, The Shaker High School
21 Girls Basketball Team are the Section II Class
22 AA champions. On Saturday, March 5, 2011, at
23 Hudson Valley Community College, the Lady
24 Bison defeated Colonie by a score of 59 to 52,
25 giving Shaker its first sectional title since
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1 the 1981-1982 season; and
2 "WHEREAS, In addition, the Shaker
3 High School Girls Basketball Team was honored
4 by its school's athletic department as one of
5 eight winter sports teams which qualified for
6 the New York State Scholar Athlete Team Award.
7 The Lady Bison received an honorary pin from
8 the New York State Public High School Athletic
9 Association for acquiring an academic team
10 average of 91.549; and
11 "WHEREAS, The athletic talent
12 displayed by this team is due in great part to
13 the efforts of Coach Emily Caschera, a skilled
14 and inspirational tutor respected for her
15 ability to develop potential into excellence;
16 and
17 "WHEREAS, The team's overall record
18 of 20-3 is outstanding, and the team members
19 were loyally and enthusiastically supported by
20 family, fans, friends and the community at
21 large; and
22 "WHEREAS, The hallmarks of the
23 Shaker High School Girls Basketball Team, from
24 the opening game of the season to
25 participation in the championship, were a
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1 sisterhood of athletic ability, of good
2 sportsmanship, of honor, and of scholarship,
3 demonstrating that these team players are
4 second to none; and
5 "WHEREAS, Athletically and
6 academically, the team members have proven
7 themselves to be an unbeatable combination of
8 talents, reflecting favorably on their school;
9 and
10 "WHEREAS, Sports competition
11 instills the values of teamwork, pride and
12 accomplishment, and Coach Emily Caschera and
13 the outstanding athletes on the Shaker High
14 School Girls Basketball Team have clearly made
15 a contribution to the spirit of excellence
16 which is a tradition of their school; now,
17 therefore, be it
18 "RESOLVED, That this Legislative
19 Body pause in its deliberations to
20 congratulate the Shaker High School Girls
21 Basketball Team and Coach Emily Caschera on
22 their outstanding season and overall team
23 record; and be it further
24 "RESOLVED, That copies of this
25 resolution, suitably engrossed, be transmitted
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1 to the Shaker High School Girls Basketball
2 Team and to Coach Emily Caschera."
3 ACTING PRESIDENT MARCELLINO:
4 Senator Breslin on the resolution.
5 SENATOR BRESLIN: Thank you,
6 Mr. President.
7 I'm honored to rise and speak on
8 behalf of the Shaker Girls Basketball Team
9 that, for the first time in 30 years, won the
10 Section II AA Championship. More importantly,
11 as read in the resolution, having a team
12 academic average of 91.5, one of the top
13 academic teams in the State of New York.
14 And to Emily Caschera, Times Union
15 Coach of the Year, congratulations.
16 And to some of the lead players:
17 Madison Rowland, who averaged 18 points, made
18 the Class AA Tournament Team MVP and Times
19 Union 1st Team All-Area.
20 And Adrianne Devine, the team
21 co-captain, made the All Tournament Team,
22 averaged 13 points, and prior to the season
23 was a McDonald's All-American candidate.
24 And Lauren Woods, who will be back
25 next year, and has already challenged me to a
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1 one-on-one competition, who averaged 12 points
2 and made Second Team All-Area.
3 And to others who are up there --
4 Christine Alley, who's a junior and co-captain
5 of the team. Erica Vallecorsa, Mallorey
6 Dickson, Madison's two sisters, MacKenzie and
7 Merrick, and Emily Mion, a big congratulations
8 for a terrific season.
9 Many of your parents are here to
10 celebrate your successes. And with that team
11 average, both points per game and academic
12 average, we look forward to you being
13 successful for many, many years to come.
14 Congratulations.
15 ACTING PRESIDENT MARCELLINO:
16 Thank you, Senator Breslin.
17 Senator Sampson.
18 SENATOR SAMPSON: Thank you very
19 much, Mr. President.
20 I just too want to rise and
21 congratulate the Shaker Girls Basketball Team
22 for their championship. But what's most
23 attracting to me is your success on the court
24 translates to success in the classroom.
25 So it's so important, especially a
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1 young man like myself, when I was growing up,
2 athletics was a way for me to get that
3 discipline that I needed to utilize in the
4 classroom.
5 So I want to congratulate your
6 coach on a phenomenal job, but most of all
7 congratulate all your parents for your
8 commitment and your dedication. Because
9 basketball is just a segue into the successes
10 that they can have, especially into life.
11 And especially I would like to
12 shout out to the Rowland sisters, all three of
13 you, you have done a phenomenal job.
14 Congratulations.
15 ACTING PRESIDENT MARCELLINO:
16 Anybody else on the resolution who would like
17 to be heard?
18 Seeing none, on the resolution, all
19 in favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT MARCELLINO:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT MARCELLINO: The
25 resolution is carried.
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1 Senator Libous.
2 SENATOR LIBOUS: We want to
3 extend our congratulations to all of you for a
4 job well done.
5 (Applause.)
6 ACTING PRESIDENT MARCELLINO:
7 Come on, girls, stand up. Stand up, girls.
8 (Applause.)
9 ACTING PRESIDENT MARCELLINO:
10 Senator Libous.
11 SENATOR LIBOUS: Thank you,
12 Mr. President.
13 I believe, Mr. President, that
14 Senator McDonald has Resolution Number 713 at
15 the desk. Could you read its title only and
16 then call on Senator McDonald.
17 ACTING PRESIDENT MARCELLINO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 713, by Senator McDonald,
21 memorializing Governor Andrew M. Cuomo to
22 proclaim April 2011 as Autism Spectrum
23 Disorders Awareness Month in the State of
24 New York.
25 ACTING PRESIDENT MARCELLINO:
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1 Senator McDonald.
2 SENATOR McDONALD: Thank you,
3 Mr. President.
4 This is an annual recognition that
5 becomes more significant every year, and
6 that's to recognize and understand what's
7 happening in our disabilities community as a
8 new illness or situation develops in our
9 family of New York. It's autism and the
10 various forms of it that have now plagued not
11 only our state but the entire country.
12 It's going to be a difficult year
13 for those people, and it could be difficult
14 years as that population becomes bigger and
15 starts aging. We will be prepared for it. We
16 have a lot of good people. Especially today,
17 we have two good people that we're going to be
18 voting on to confirm their new positions. And
19 we already have a lot of good people in the
20 various state agencies that deal with it.
21 But we can do better. And that's
22 what we're going to do, with the help of
23 everybody in this room. Because this is an
24 issue that does not recognize boundaries --
25 race, religion, ethnic group, geography,
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1 anything. This is what America is about,
2 helping people who need help.
3 So at this time I want to thank
4 this body for all their support and their
5 continuous support, along with the people in
6 the Assembly, and our Governor, our new
7 Governor. And I'm especially waiting in a
8 little while to announce some new appointments
9 by our Governor giving us an opportunity to
10 vote on two outstanding individuals.
11 Thank you.
12 ACTING PRESIDENT MARCELLINO:
13 Thank you, Senator McDonald.
14 This resolution has been previously
15 adopted, so there's no reason to take a
16 further vote.
17 Is there anyone else wishing to be
18 heard?
19 Senator Fuschillo.
20 SENATOR FUSCHILLO: Thank you
21 very much, Mr. President.
22 And let me thank my colleagues for
23 putting forth this resolution.
24 Autism in families throughout this
25 state and throughout the nation is becoming
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1 such a prevalent issue that it's incumbent
2 upon the people of the State of New York and
3 us here as legislators in this house and the
4 Assembly to do something.
5 And we did something last year when
6 Governor -- it passed this house I believe
7 unanimously, and it passed the Assembly
8 unanimously, and Governor Paterson, to his
9 fault -- and it's probably one of the only
10 times I'm going to criticize the former
11 Governor -- vetoed the bill. And what the
12 bill would have done is provide insurance
13 coverage to families for diagnosis and
14 treatment for those who have children or young
15 adults with autism.
16 It was the right thing to do. When
17 we look at families throughout New York State
18 that are mortgaging their houses to provide
19 the proper care of their children, it's
20 something they have to do. If they have to
21 give blood, sweat and tears, they'll do it for
22 their children. But it's wrong that the State
23 of New York is not doing the right thing.
24 Today the Insurance Committee,
25 under the leadership of Chairman Jim Seward,
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1 put out a bill that I've sponsored, and it has
2 a same-as bill in the Assembly by Assemblyman
3 Morelle, to just do that and revisit this
4 issue. And I hope the Senate takes it up on
5 the floor.
6 I'll be voting in favor of the
7 resolution. Thank you very much.
8 ACTING PRESIDENT MARCELLINO:
9 Thank you, Senator Fuschillo.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President,
12 this was previously adopted; is that right?
13 ACTING PRESIDENT MARCELLINO:
14 Yes, it was, Senator.
15 SENATOR LIBOUS: We'd like to
16 open this for cosponsorship. And as our
17 normal policy, if there are any members in the
18 chamber who wish not to be on it, to please
19 notify the desk. Otherwise you will all be on
20 as cosponsors.
21 Mr. President, at this time there
22 will be an immediate meeting of the Finance
23 Committee in Room 332, an immediate meeting of
24 the Finance Committee in Room 332.
25 And for the moment the Senate will
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1 stand at ease.
2 ACTING PRESIDENT MARCELLINO:
3 There will be a meeting of the Finance
4 Committee immediately in Room 332.
5 The Senate will stand at ease
6 pending a report of the Finance Committee.
7 (Whereupon, the Senate stood at
8 ease at 3:31 p.m.)
9 (Whereupon, the Senate reconvened
10 at 4:16 p.m.)
11 ACTING PRESIDENT MARCELLINO: The
12 house will come to order.
13 Senator Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 Can we return to the reports of
17 standing committees. I believe there's a
18 report of the Finance Committee at the desk.
19 ACTING PRESIDENT MARCELLINO:
20 There is a report of the Finance Committee at
21 the desk.
22 And the Secretary will read.
23 THE SECRETARY: Senator
24 DeFrancisco, from the Committee on Finance,
25 reports the following nominations.
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1 As a member and chair of the State
2 Commission on Quality of Care and Advocacy for
3 Persons With Disabilities, Roger A. Bearden,
4 of New York City.
5 ACTING PRESIDENT MARCELLINO:
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: Yes, I'm
8 very pleased to move the nomination of Roger
9 A. Bearden for the position of member and
10 chair of the State Commission on Quality of
11 Care and Advocacy for Persons With
12 Disabilities.
13 Mr. Bearden has an incredible
14 record for such a young man. In fact, I
15 believe my suit may be older than he is.
16 (Laughter.)
17 SENATOR DeFRANCISCO: But he's
18 done more things in that short period of time
19 than many of us would even attempt to do. And
20 it's an incredible record.
21 And just speaking with him briefly
22 at my office earlier, and also from seeing him
23 working for Senator Duane last year on some
24 important issues, he definitely has the
25 qualification for this job. And even more
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1 importantly, I believe he has the fire in his
2 belly to do the right thing, being an advocate
3 for people with disabilities for many years
4 now.
5 So the Governor made another
6 topnotch appointment here. And I would move
7 his nomination and urge the complete Senate to
8 vote for Mr. Roger A. Bearden, of New York
9 City, for this position.
10 Thank you.
11 ACTING PRESIDENT MARCELLINO: Is
12 there anyone else wishing to be heard on this
13 nomination?
14 Senator Breslin, I believe.
15 SENATOR BRESLIN: Thank you,
16 Mr. President.
17 I applaud Senator DeFrancisco and
18 will second his comments about Roger Bearden,
19 who was a resident of my district and I'm sure
20 he will be again.
21 But he's focused his professional
22 career on people with disabilities and has a
23 unique understanding of people with
24 disabilities. He's a Brown graduate, a
25 Harvard Law graduate. And again, as we see
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1 day after day and time after time, a wonderful
2 choice by this Governor. And I applaud this
3 choice particularly.
4 Thank you, Mr. President.
5 ACTING PRESIDENT MARCELLINO:
6 Thank you, Senator Breslin.
7 Is it my understanding you do not
8 hold the fact that the gentleman worked for
9 Senator Duane against him?
10 SENATOR BRESLIN: I quite frankly
11 did not mention that, Mr. President. Senator
12 Duane will be here to explain himself.
13 (Laughter.)
14 ACTING PRESIDENT MARCELLINO: I
15 understand your reticence, sir.
16 Senator McDonald, please.
17 SENATOR McDONALD: Yes. Real
18 briefly, my committee as well myself had an
19 opportunity to meet with our new chairman.
20 And as it was said earlier, not only is he is
21 a bright, dedicated individual, he's got a
22 good way about himself and a very strong
23 family person -- his wife, Erin; his children
24 Sarah, Myles and Eli. And he's ready, in a
25 very trying time in this particular area,
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1 disabilities, he's ready to help us out.
2 You know, we're grateful that the
3 Governor appointed him. And it should be
4 realized that what we'll be going into this
5 year, with the various abuses that have
6 occurred and been reported, it's going to be a
7 tough year. And we're going to need people
8 like this young man and the future
9 commissioner to help us get through this year.
10 Thank you.
11 ACTING PRESIDENT MARCELLINO:
12 Thank you, Senator McDonald.
13 Senator Huntley.
14 SENATOR HUNTLEY: Yes,
15 Mr. President. I would just like to again
16 congratulate Mr. Bearden.
17 I met with him earlier this morning
18 in my office and then, again, Senator McDonald
19 and I met with him in committee. And I wish
20 him well, and I know he's going to do a
21 fantastic job. And I look forward for working
22 with him on mental health, which is very
23 important to me and also to the Senator.
24 So congratulations to Mr. Bearden.
25 ACTING PRESIDENT MARCELLINO:
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1 Senator Duane.
2 SENATOR DUANE: Thank you very
3 much, Mr. President.
4 I'm honored to speak on behalf of
5 Roger Bearden. He was the chief Health
6 counsel the same year that I became the chair
7 of the Health Committee. And he was
8 incredibly impressive in his knowledge and
9 also in his teaching abilities and to explain
10 very complicated policy questions in a way
11 that made it possible for not only me but
12 other people in my office and other people who
13 he worked with to understand the importance of
14 various policy initiatives that he was so
15 instrumental in moving forward.
16 You know, Roger could have chosen a
17 completely different career path. He has an
18 incredibly impressive academic background. He
19 probably could be making a tremendous amount
20 of money. But instead, he's making a
21 tremendous difference in the lives of people
22 who don't have that many advocates and really
23 need to have a strong voice fighting for them
24 and protecting them and making sure that their
25 voices are being heard.
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1 If his work, his upcoming work is
2 anything like his negotiations on the Family
3 Health Care Decisions Act, then we are in
4 really great shape by having him. It's a
5 very, very challenging time. The area in
6 which he's working is extremely challenging
7 and very much in the public eye right now.
8 And I firmly and strongly believe that Roger
9 Bearden is going to do an excellent job. He
10 will make the Governor proud, and I am very
11 pleased that the Governor has made this
12 appointment.
13 And I consider him not just a
14 colleague but in many ways a mentor on issues
15 that I care about but which he knew so much
16 about, and a friend. And I'm optimistic that
17 his nomination is going to go through today,
18 and I certainly will be working as closely as
19 I can with him. And I would encourage
20 everyone else to, because it will be a great
21 experience.
22 Thank you, Mr. President.
23 ACTING PRESIDENT MARCELLINO:
24 Thank you, Senator Duane.
25 Senator Carlucci.
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1 SENATOR CARLUCCI: Thank you,
2 Mr. President.
3 I rise to support this nomination
4 and to commend Governor Andrew Cuomo on this
5 fine recommendation and this fine appointment.
6 Mr. Bearden has really spent his
7 life and his career towards serving our most
8 vulnerable population. Particularly in this
9 year where we have all these budget cuts, I
10 think it's extremely important that we do
11 everything we can to make sure that people
12 living with developmental disabilities don't
13 fall through the cracks.
14 And I'm confident, in seeing the
15 resume and hearing about the great work that
16 Mr. Bearden has done, that he'll institute
17 policies that will really bring forth and make
18 sure that safeguards are in place to make sure
19 that our most vulnerable population does not
20 fall through the cracks.
21 So with that, I look forward to
22 working with you. And I'm confident that this
23 population will be in good hands and all of us
24 will work together to make sure that that's
25 done.
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1 So again, I congratulate the
2 Governor and look forward to working with you.
3 Thank you, Mr. President.
4 ACTING PRESIDENT MARCELLINO:
5 Thank you, Senator Carlucci.
6 Senator Farley.
7 SENATOR FARLEY: Thank you,
8 Mr. President.
9 Let me congratulate the Governor on
10 this outstanding appointment of a very, very
11 capable young man who's going to do a great
12 job.
13 And let me be the first to welcome
14 you to downtown Schenectady, where you'll be
15 located. It's a facility that I helped bring
16 there, and we're delighted to have you there.
17 And if there's anything wrong with
18 the facilities, just get in touch with me and
19 we'll take care of you.
20 (Laughter.)
21 ACTING PRESIDENT MARCELLINO: Are
22 there any other members wishing to be heard on
23 the nomination?
24 Seeing none, the nomination is
25 closed.
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1 The question is on the nomination
2 of Roger A. Bearden as a member and chair of
3 the State Commission on Quality of Care and
4 Advocacy for Persons With Disabilities. All
5 those in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MARCELLINO: All
8 opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MARCELLINO:
11 Roger A. Bearden is hereby confirmed as a
12 member and chair of the State Commission on
13 Quality of Care and Advocacy for Persons with
14 Disabilities.
15 Congratulations, Mr. Bearden.
16 (Applause.)
17 ACTING PRESIDENT MARCELLINO:
18 Joining Mr. Bearden today is his wife, Erin,
19 and their three children, Sarah, Myles, and
20 Eli. I hope they know they're not going to be
21 seeing as much of you in the future because
22 you're going to be very busy.
23 Take care, good luck, and Godspeed.
24 Senator Libous.
25 SENATOR LIBOUS: I think we can
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1 continue reading the report of the Finance
2 Committee, Mr. President.
3 ACTING PRESIDENT MARCELLINO: The
4 Secretary will continue to read.
5 THE SECRETARY: For commissioner
6 of the New York State Office for People with
7 Developmental Disabilities, Courtney E. Burke,
8 of Albany.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Libous -- Senator DeFrancisco. You
11 look so much alike.
12 (Laughter.)
13 SENATOR LIBOUS: His suit is
14 older than I am.
15 (Laughter.)
16 SENATOR DeFRANCISCO: Thank you,
17 Mr. President. I appreciate you got around to
18 the right call here.
19 I'm proud to move the nomination of
20 Courtney Burke as the commissioner of the
21 New York State Office for People With
22 Developmental Disabilities.
23 I also met with Ms. Burke earlier
24 today in my office. We talked a little bit
25 about some of my ideas, and I reviewed her
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1 resume and saw that she had a heck of a lot
2 more ideas than I could come up with.
3 And she has many writings on very,
4 very important issues that are facing the
5 state today. And there's not often that an
6 individual could be a member of a think tank
7 and analyze with such scrutiny the way the
8 state is being run now in specific areas and
9 come up with recommendations as to how it
10 could run better, and then have the
11 opportunity to be appointed to a position
12 where she can do something about the
13 deficiencies that she wrote about, that she
14 thought about, and that she had advocated to
15 correct.
16 She's an extremely bright
17 individual, well accomplished, and just
18 perfect for this job. And I want to commend
19 Governor Cuomo again. I seem like a broken
20 record, but his appointments this year have
21 just been outstanding, and these two
22 appointments today are a perfect example.
23 And I'm looking forward to working
24 with Ms. Burke and sharing her ideas as we go
25 through the next budget process as to how we
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1 can do things not only more efficiently and
2 more cost-effectively, but better for the
3 recipients that receive these services from
4 the State of New York.
5 So I move the nomination of
6 Courtney Burke.
7 ACTING PRESIDENT MARCELLINO: The
8 nomination is moved by Senator DeFrancisco.
9 Senator McDonald.
10 SENATOR McDONALD: Thank you,
11 Mr. President.
12 As the chairman of Mental Health,
13 Mental Hygiene and Developmental Disabilities,
14 along with Senator Huntley, the ranker, we had
15 an opportunity to talk at length with this
16 wonderful individual.
17 Like the first person, Roger,
18 Commissioner Burke is outstanding, with a
19 great deal of experience and also a great deal
20 of compassion for a very important position.
21 And this position, as I mentioned earlier, is
22 going to get more important as the year
23 progresses, and we have to deal with some very
24 serious problems.
25 She doesn't do it by herself; she
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1 has her husband, Christopher, and her
2 children, Ian and Caroline, with her.
3 And I think she will quickly point
4 out that she went to the University of
5 Connecticut and she's a big University of
6 Connecticut basketball fan. And as a Siena
7 fan, I can't say too much about that. But
8 next year.
9 (Laughter.)
10 SENATOR McDONALD: But certainly,
11 as the chairman of Finance pointed out, the
12 Governor has presented us with two outstanding
13 candidates today. And I'm prepared and really
14 happy to support these folks.
15 Thank you.
16 ACTING PRESIDENT MARCELLINO:
17 Thank you, Senator McDonald.
18 Senator Breslin on the nomination.
19 SENATOR BRESLIN: Thank you,
20 Mr. President.
21 Again, echoing the remarks of
22 Senator McDonald and Senator DeFrancisco,
23 Courtney Burke is perfect for the job. Her
24 educational background in healthcare, her work
25 with people with disabilities, and her
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1 extensive writing while at the Rockefeller, it
2 just -- it's such a perfect, perfect choice to
3 become the new commissioner.
4 Again, I applaud the Governor.
5 Courtney and her family live in my district
6 and she works in my district and is a friend
7 and I think will just do an exceptional job as
8 commissioner.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MARCELLINO:
11 Thank you, Senator Breslin.
12 May I advise members that we do not
13 use electronic equipment, cellphones in the
14 chambers. Members on cellphones, please take
15 your conversation out of the chamber. That is
16 our rule.
17 Senator Huntley on the nomination.
18 SENATOR HUNTLEY: Thank you,
19 Mr. President.
20 Again, I would like to commend the
21 Governor for his choice. I met with Courtney
22 Burke in my office and also in committee, and
23 Senator McDonald and I agree she was a great
24 choice. And we will support her efforts.
25 And again, I would like to
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1 congratulate her and her family.
2 ACTING PRESIDENT MARCELLINO:
3 Thank you, Senator.
4 Senator Kennedy on the nomination.
5 SENATOR KENNEDY: Thank you,
6 Mr. President.
7 I just want to rise and first and
8 foremost commend the Governor on a tremendous
9 selection of Courtney Burke as the
10 commissioner of New York State Office for
11 People with Developmental Disabilities. I
12 want to congratulate the commissioner-to-be on
13 the nomination and this confirmation.
14 As an occupational therapist, I
15 have worked with hundreds of families who have
16 been impacted by having an individual with a
17 developmental disability. And the work that
18 happens in Albany and spreads across the state
19 ripples across this state is extremely
20 important to ensure that those individuals and
21 the families of the individuals with
22 developmental disabilities get the services
23 that they deserve, that they desire, and that
24 make their lives as independent as possible.
25 I look forward to working with you
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1 personally, with my office, and it's an honor
2 and a privilege to be able to stand here at
3 your confirmation, and I vote in the
4 affirmative.
5 Thank you.
6 ACTING PRESIDENT MARCELLINO:
7 Thank you, Senator.
8 Senator Carlucci.
9 SENATOR CARLUCCI: Thank you,
10 Mr. President.
11 Again, I'd like to commend Governor
12 Andrew Cuomo for this appointment.
13 Commissioner Burke, in the short time as the
14 acting commissioner, has really hit the ground
15 running, already putting forth measures to
16 protect our most vulnerable population. With
17 her proactiveness, I'm confident that New York
18 will be able to provide services to protect
19 the safety and the welfare of people living
20 with developmental disabilities.
21 So with that, Courtney Burke, I
22 look forward to working with you. And again,
23 I want to commend the Governor. And I think
24 this is a great appointment, and I think we're
25 in good hands with Commissioner Burke.
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1 Thank you, Mr. President.
2 ACTING PRESIDENT MARCELLINO:
3 Thank you, Senator.
4 Senator Libous.
5 SENATOR LIBOUS: Thank you,
6 Mr. President.
7 I too want to join my colleagues in
8 congratulating the Governor in choosing
9 Courtney Burke to this very, very important
10 position. And I know that years ago when I
11 chaired the Committee on Mental Health and
12 Developmental Disabilities and Ms. Burke
13 worked for the Office of the Advocate, I'm
14 quite familiar with her work, and back then it
15 was outstanding.
16 And we have a great opportunity
17 here with her background and knowledge. You
18 know, this state -- and I don't have to tell
19 my colleagues this, but I like to say it --
20 has been ahead of every other state when it
21 comes to dealing with people with
22 disabilities. And certainly as the sponsor of
23 the New York Cares program back a number of
24 years ago, the leading program, cutting-edge
25 program that basically told the nation that we
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1 care about people with disabilities in this
2 state.
3 And I think that Courtney Burke
4 will be an outstanding commissioner. I look
5 forward to working with you. We certainly
6 have many challenges as we move forward. But
7 you are the right person, you have the
8 background, you have the passion for the job.
9 And I think the Governor today has made a
10 great decision, and I stand to second your
11 nomination.
12 ACTING PRESIDENT MARCELLINO: Are
13 there any other Senators wishing to be heard
14 on this nomination?
15 Seeing none, the question is on the
16 nomination of Courtney E. Burke as
17 commissioner of the New York State Office for
18 People with Developmental Disabilities. All
19 those in favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT MARCELLINO: All
22 those opposed, nay.
23 (No response.)
24 ACTING PRESIDENT MARCELLINO: The
25 ayes have it. Courtney E. Burke is hereby
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1 confirmed as commissioner of the New York
2 State Office for People with Developmental
3 Disabilities.
4 Congratulations, Ms. Burke.
5 (Standing ovation.)
6 ACTING PRESIDENT MARCELLINO: And
7 Commissioner Burke is joined by her husband,
8 Christopher, her children, Ian and Caroline,
9 and her many, many, many friends and family.
10 Congratulations once again.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President,
13 at this time I believe we could have the
14 reading of the noncontroversial calendar,
15 please.
16 ACTING PRESIDENT MARCELLINO: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 51, by Senator Marcellino, Senate Print 945,
20 an act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the first of
25 November.
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1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 56.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 56, by Senator LaValle, Senate Print 816, an
9 act to amend the Social Services Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 56.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 86, by Senator Klein, Senate Print 1031B, an
22 act to amend the Insurance Law.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of January.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 108, by Senator Grisanti, Senate Print 2648,
10 an act to amend the Environmental Conservation
11 Law.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 108, those recorded in the
21 negative are Senators Duane, Espaillat,
22 Perkins, and Serrano.
23 Ayes, 52. Nays, 4.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 111, by Senator Breslin, Senate Print --
3 SENATOR BRESLIN: Lay the bill
4 aside for the day, please.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 183, by Senator Fuschillo, Senate Print 2728B,
9 an act to amend the Tax Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 56.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 192, by Senator Perkins, Senate Print 3252A,
22 an act to authorize certain healthcare
23 professionals.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section, please.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 247, by Senator Fuschillo, Senate Print 597A,
11 an act to amend the Executive Law.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section, please.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 247, those recorded in the
21 negative are Senators Duane, Montgomery and
22 Perkins.
23 Ayes, 53. Nays, 3.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 299, by Senator Martins, Senate Print 3777A,
3 an act to amend the Social Services Law.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section, please.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 301, by Senator Savino, Senate Print 4090, an
16 act to amend the Domestic Relations Law.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section, please.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 56.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 Senator Libous, that completes the
3 calendar.
4 SENATOR LIBOUS: Mr. President,
5 is there any further business at the desk?
6 ACTING PRESIDENT MARCELLINO: No,
7 sir, the desk is clear.
8 SENATOR LIBOUS: Mr. President, I
9 now hand up the following notice to have it
10 put into the Journal, please.
11 ACTING PRESIDENT MARCELLINO: So
12 ordered.
13 SENATOR LIBOUS: Mr. President,
14 there being no further business to come before
15 the Senate this afternoon, I move that we
16 adjourn until Tuesday, April 12th, at
17 3:00 p.m.
18 ACTING PRESIDENT MARCELLINO: On
19 motion, the Senate will be adjourned until
20 Tuesday, April 12th, at 3:00 p.m.
21 (Whereupon, at 4:39 p.m., the
22 Senate adjourned.)
23
24
25
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