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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