Monday, April 11, 2011

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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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:

Candyco Transcription Service, Inc. 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,

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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,

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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,

Candyco Transcription Service, Inc. 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:

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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.

Candyco Transcription Service, Inc. 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

Candyco Transcription Service, Inc. 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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