Regular Session - March 23, 2011

                                                            1582



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 23, 2011

        11                       3:14 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR THOMAS F. O'MARA, 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 O'MARA:    The

         3       Senate will come to order.

         4                  I ask everyone to join me in the

         5       Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT O'MARA:    Please

         9       remain standing.

        10                  And we have the Reverend Peter G.

        11       Young, from the Mother Teresa Community Church

        12       here in Albany, to lead us in a prayer.

        13                  REVEREND YOUNG:    Thank you,

        14       Senator.  Let us pray.

        15                  As we prepare for, today, 5 inches

        16       of snow, we ask You, O God, to brighten our

        17       days with sunshine and those relaxing days of

        18       enjoying our great resources of New York

        19       State.

        20                  God, by Your love, You've made a

        21       world where we have become neighbors to each

        22       other and we are enabled to love one another.

        23       Grant that we too may live and use this Senate

        24       to strive toward a way of life in keeping with

        25       Your plan.  We ask You this now and forever.



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         1                  Amen.

         2                  ACTING PRESIDENT O'MARA:    The

         3       reading of the Journal.

         4                  THE SECRETARY:    In Senate,

         5       Tuesday, March 22, 2011, the Senate met

         6       pursuant to adjournment.  The Journal of

         7       Monday, March 21, 2011, was read and approved.

         8       On motion, Senate adjourned.

         9                  ACTING PRESIDENT O'MARA:    Without

        10       objection, the Journal stands approved as

        11       read.

        12                  Presentation of petitions.

        13                  Messages from the Assembly.

        14                  Messages from the Governor.

        15                  Reports of standing committees.

        16                  Reports of select committees.

        17                  Communication and communications

        18       and reports from state officers.

        19                  Motions and resolutions.

        20                  Senator Breslin.

        21                  SENATOR BRESLIN:    Thank you,

        22       Mr. President.

        23                  On behalf of Senator

        24       Hassell-Thompson, I move that the following

        25       bill be discharged from its respective



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         1       committee and be recommitted with instructions

         2       to strike the enacting clause:  Bill 3277.

         3                  ACTING PRESIDENT O'MARA:    So

         4       ordered.

         5                  SENATOR BRESLIN:    Thank you,

         6       Mr. President.

         7                  On behalf of Senator Parker, I move

         8       that the following bill be discharged from its

         9       respective committee and be recommitted with

        10       instructions to strike the enacting clause:

        11       Bill 3617.

        12                  ACTING PRESIDENT O'MARA:    So

        13       ordered.

        14                  SENATOR BRESLIN:    Thank you,

        15       Mr. President.

        16                  ACTING PRESIDENT O'MARA:    Senator

        17       Klein.

        18                  SENATOR KLEIN:    Mr. President, on

        19       behalf of myself, on my legislation, on page

        20       number 8 I offer the following amendments to

        21       Calendar Number 57, Senate Print Number 990,

        22       and ask that said bill retain its place on

        23       Third Reading Calendar.

        24                  ACTING PRESIDENT O'MARA:    The

        25       amendments are received and adopted, and the



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         1       bill will maintain its place on Third Reading

         2       Calendar.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Thank you,

         5       Mr. President.

         6                  Mr. President, on behalf of Senator

         7       Maziarz, on page 12 I offer the following

         8       amendments to Calendar Number 128, Senate

         9       Print 164B, and ask that the bill retain its

        10       place on the Third Reading Calendar.

        11                  ACTING PRESIDENT O'MARA:    The

        12       amendments are received and adopted, and the

        13       bill will maintain its place on the Third

        14       Reading Calendar.

        15                  SENATOR LIBOUS:    And,

        16       Mr. President, on behalf of Senator Grisanti,

        17       on page 17 I offer the following amendments to

        18       Calendar Number 196, Senate Print 3133, and

        19       ask that the bill retain its place on the

        20       Third Reading Calendar.

        21                  ACTING PRESIDENT O'MARA:    The

        22       amendments are received and adopted, and the

        23       bill will retain its place on the Third

        24       Reading Calendar.

        25                  SENATOR LIBOUS:    Mr. President, I



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         1       believe that at the desk is a resolution,

         2       Number 999, by Senator Ritchie.  I ask that we

         3       read its title and move for its immediate

         4       adoption.

         5                  ACTING PRESIDENT O'MARA:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator

         8       Ritchie, Legislative Resolution 999, honoring

         9       the New York State Maple Producers for their

        10       success in making New York the second-largest

        11       maple-producing state in the nation.

        12                  ACTING PRESIDENT O'MARA:    On the

        13       resolution, all in favor signify by saying

        14       aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT O'MARA:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT O'MARA:    The

        20       resolution is adopted.

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Mr. President,

        23       there's a privileged resolution at the desk by

        24       Senator Klein.  May we please have the title

        25       read and move for its immediate adoption.



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         1                  ACTING PRESIDENT O'MARA:    The

         2       Secretary will read.

         3                  THE SECRETARY:    By Senator Klein,

         4       legislative resolution commemorating the 125th

         5       Anniversary of the Villa Maria Academy of the

         6       Bronx, New York, March 26, 2011.

         7                  ACTING PRESIDENT O'MARA:    The

         8       question is on the resolution.  All in favor

         9       signify by saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT O'MARA:

        12       Opposed, nay.

        13                  (No response.)

        14                  ACTING PRESIDENT O'MARA:    The

        15       resolution is adopted.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Thank you,

        18       Mr. President.

        19                  Senator Serrano has a privileged

        20       resolution at the desk.  He would like to have

        21       the title read, and I believe he would like to

        22       speak on it.

        23                  ACTING PRESIDENT O'MARA:    The

        24       Secretary will read.

        25                  THE SECRETARY:    By Senator



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         1       Serrano, legislative resolution memorializing

         2       Governor Andrew M. Cuomo to declare 8:30 p.m.

         3       on Saturday, March 26, 2011, as Earth Hour in

         4       the State of New York.

         5                  ACTING PRESIDENT O'MARA:    Senator

         6       Serrano.

         7                  SENATOR SERRANO:    Thank you,

         8       Mr. President.

         9                  Today I'm introducing a very

        10       important resolution for the third year in a

        11       row.  This resolution declares this Saturday,

        12       March 26th, at 83:00 p.m. as Earth Hour.

        13                  Earth hour is a globally observed

        14       hour conceived in a statement of action

        15       against global climate change.  It calls upon

        16       people from all over the world to turn off

        17       their nonessential lights for one hour.

        18                  Last year nearly 2,400 cities,

        19       towns and municipalities in over 83 countries

        20       observed Earth Hour.  This year cities ranging

        21       from Tel Aviv, Israel, to Copenhagen, Denmark,

        22       have already pledged to observe Earth Hour.

        23                  By flipping the switch for one hour

        24       and turning off their nonessential lights,

        25       citizens around the world signify that they



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         1       understand the urgency of climate change and

         2       are prepared to tackle the challenges head on.

         3                  New York State is a global icon and

         4       home to some of the most beloved landmarks in

         5       the world, from Niagara Falls in Buffalo to

         6       Yankee Stadium in my own district.  Actions

         7       taken by the Empire State have both a symbolic

         8       effect and a very tangible effect on the rest

         9       of the world.

        10                  For the last several years, at my

        11       request, the Empire State Building and a

        12       number of other sites went dark for one hour.

        13       It is my hope that participation will be even

        14       greater this year and that all of my

        15       colleagues here today will join me in helping

        16       to increase participation within their own

        17       districts and surrounding neighborhoods.

        18                  I hope all of you will join me in

        19       support as we designate 8:30 p.m. on March 26,

        20       2011, as Earth Hour throughout the great State

        21       of New York.  Thank you.

        22                  ACTING PRESIDENT O'MARA:    Thank

        23       you, Senator Serrano.

        24                  The question is on the resolution.

        25       All in favor signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT O'MARA:    Those

         3       opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT O'MARA:    The

         6       resolution is adopted.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Thank you,

         9       Mr. President.

        10                  Mr. President, there is a

        11       privileged resolution at the desk by Senator

        12       Stewart-Cousins.  May we please have it read

        13       in its entirety and call on Senator

        14       Stewart-Cousins before its adoption, please.

        15                  ACTING PRESIDENT O'MARA:    The

        16       Secretary will read.

        17                  THE SECRETARY:    By Senators

        18       Stewart-Cousins, McDonald and Johnson,

        19       legislative resolution commending Firefighter

        20       Michael Giroux in recognition of his heroic

        21       action on March 4, 2011, in saving the lives

        22       of two citizens.

        23                  "WHEREAS, It is the sense of this

        24       Legislative Body to recognize and commend the

        25       caring concern and heroic acts of individuals



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         1       in public service who take prompt and

         2       appropriate action in emergency situations,

         3       nobly risking their own lives in an effort to

         4       preserve the life of another; and

         5                  "WHEREAS, Attendant to such

         6       concerns, and in full accord with its

         7       long-standing traditions, this Legislative

         8       Body is justly proud to commend Firefighter

         9       Michael Giroux in recognition of his heroic

        10       action on March 4, 2011, in saving the lives

        11       of two citizens; and

        12                  "WHEREAS, The son of Richard and

        13       Ann Giroux, Michael Giroux is a native of

        14       Albany, New York.  He attended Shenendehowa

        15       schools in Clifton Park before earning his

        16       Bachelor of Science degree from the State

        17       University of New York at Cortland and later a

        18       master's degree in Ex-Physiology from Adelphi

        19       University; and

        20                  "WHEREAS, Michael Giroux worked at

        21       Cornell Medical Center and for several private

        22       doctors before accepting a position with the

        23       City of Yonkers Fire Department in 2000, where

        24       he was assigned to serve Ladder 71, Rescue

        25       One.  In this capacity, he serves as a



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         1       specialist in technical rescue who trains

         2       emergency personnel in saving lives from

         3       confined spaces, collapsed trenches and rope

         4       rescues from buildings and escarpments; and

         5                  "WHEREAS, On the afternoon of

         6       Friday, March 4, 2011, two workers were

         7       painting the facade of a high-rise building on

         8       Nepperhan Avenue in the City of Yonkers,

         9       New York, when their platform malfunctioned,

        10       causing them to dangle perilously 13 stories

        11       above the ground; and

        12                  "WHEREAS, Despite high winds,

        13       Firefighter Michael Giroux and his dedicated

        14       colleagues set a plan in action to safely

        15       remove the painters.  He was chosen for his

        16       expertise to rappel down the 27-story

        17       apartment building from the building's roof to

        18       rescue the two men who were trapped; and

        19                  "WHEREAS, Using the skills and

        20       techniques he has taught others, Michael

        21       Giroux went to work rescuing the first worker,

        22       who he deemed to be in the most immediate

        23       danger.  After successfully harnessing and

        24       lowering the first man to the ground, he

        25       immediately repeated the heroic actions,



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         1       rescuing the second worker; and

         2                  "WHEREAS, Michael Giroux's quick

         3       command and the heroic efforts of both he and

         4       his entire team resulted in the inspiring

         5       rescue that saved the lives of these two men;

         6       and

         7                  "WHEREAS, Firefighter Michael

         8       Giroux's heroic actions were not possible

         9       without the help of Assistant Chief Roger

        10       Vitola and Firefighter Jose Caraballo of

        11       Battalion 1, Lieutenant Nicholas Sarro,

        12       Firefighter Brendan Healy, Firefighter Joseph

        13       Golusinski and Firefighter Douglas Higgins of

        14       Rescue 1; Captain Rudolph Sarro, Firefighter

        15       Timothy Sullivan, Firefighter John Rodriguez

        16       and Firefighter Kendrick Geiger of Ladder 71;

        17       Lieutenant Brian McCaffrey, Firefighter Brian

        18       Curran, Firefighter Kevin Mozdziak and

        19       Firefighter William Castillo of Engine 303;

        20       Lieutenant Christopher Williams, Firefighter

        21       Neill Tyndal, Jr., Firefighter Hugh McGahran,

        22       Firefighter Antonio C. Rodriques of Engine

        23       304; Captain Joseph Darcy, Firefighter Hung

        24       Chun, Firefighter John Spano and Firefighter

        25       Christopher Leal of Engine 306; Lieutenant



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         1       Daniel Flynn, Firefighter Christopher

         2       Mitchell, Firefighter Sean Flanagan and

         3       Firefighter Brian Pugsley of Engine 309;

         4       Captain John Aitcheson, Firefighter Michael

         5       Bernardi, Firefighter Peter Coogan and

         6       Firefighter Rocco DeVito of Ladder 72;

         7       Assistant Chief Brian Travers and Firefighter

         8       Dan Kime of Battalion 2; Captain Thomas

         9       Travers, Firefighter Sean Faughnan,

        10       Firefighter Sean Connolly and Firefighter

        11       James Duff of Squad 11; Lieutenant Kevin Cox,

        12       Firefighter Joseph Yedowitz, Firefighter

        13       Lawrence Valentino and Firefighter William

        14       Nowak of Engine 312; Lieutenant Michael

        15       Hanney, Firefighter Joseph Pinto, Firefighter

        16       Charles Maron and Firefighter Daniel

        17       Stangarone of Ladder 75; and Assistant Chief

        18       William Fitzpatrick, Lieutenant Allen Felman,

        19       Lieutenant Ronald DeMarco, Firefighter Eugene

        20       Kelly and Assistant Chief John Flynn of

        21       Special Operations; and

        22                  "WHEREAS, Also assisting in the

        23       rescue efforts were members of the Yonkers

        24       Police Department's Emergency Services Unit,

        25       including Captain Thomas Barnett, Sergeant



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         1       Robert Akey, Police Officer Dennis Borelli,

         2       Police Officer Jorge Cordero, Police Officer

         3       Jamie Molino, and Police Officer Anthony

         4       Alaimo; and

         5                  "WHEREAS, Upon getting to the

         6       scene, the Yonkers Police Department's

         7       Emergency Services Unit was able to gain

         8       access to the victims through an apartment

         9       window on the 14th floor, enabling them to

        10       pass the initial safety line to the men taking

        11       them out of imminent danger; and

        12                  "WHEREAS, The members of the

        13       Yonkers Police Department's Emergency Services

        14       Unit were able to speak and translate to the

        15       painters, who spoke only Spanish, while also

        16       conducting a medical assessment, keeping the

        17       situation under control; and

        18                  "WHEREAS, Due to the help from all

        19       of these emergency response crews, who were

        20       instrumental with the rescue of the two

        21       workers after their scaffold collapsed,

        22       Firefighter Michael Giroux's efforts were

        23       triumphant; and

        24                  "WHEREAS, With him throughout have

        25       been his wife, Deana Giroux, and their two



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         1       daughters, all of whom feel privileged to be a

         2       part of his life and rejoice in his

         3       achievements; and

         4                  "WHEREAS, Michael Giroux has truly

         5       distinguished himself as one of New York's

         6       finest.  When an act of such magnanimous

         7       heroism is brought to our official attention,

         8       the same should be memorialized for the

         9       edification and emulation of all; now,

        10       therefore, be it

        11                  "RESOLVED, That this Legislative

        12       Body pause in its deliberations to commend

        13       Firefighter Michael Giroux in recognition of

        14       his heroic action on March 4, 2011, in saving

        15       the life of two citizens; and be it further

        16                  "RESOLVED, That a copy of this

        17       resolution, suitably engrossed, be transmitted

        18       to Michael Giroux."

        19                  ACTING PRESIDENT O'MARA:    Senator

        20       Stewart-Cousins on the resolution.

        21                  SENATOR STEWART-COUSINS:    Thank

        22       you, Mr. President.

        23                  And I do want to commend the

        24       Secretary, because I know this was the very

        25       first time that we've had an opportunity for



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         1       you to read.

         2                  And I think it's an auspicious time

         3       for this to have happened, because there are

         4       many days that we stand in this chamber and we

         5       talk about heroic acts and we thank people who

         6       have done extraordinary things.  Many times,

         7       however, we do it posthumously.  I know the

         8       last time I commended a Yonkers firefighter,

         9       it was Firefighter Patrick Joyce, whose

        10       heroism was just unimaginable, but only his

        11       family and his colleagues and friends were

        12       here; he was not.

        13                  So today is a day, I think, which

        14       is exceptional because not only are we

        15       celebrating heroism, but we have the heroes

        16       here to celebrate collectively.

        17                  So you've heard the story of

        18       Firefighter Michael Giroux, and you know that

        19       he did things that no one of us would have

        20       thought possible.  Although we know actions

        21       like this happen, but very few of us ever have

        22       a bird's-eye view as you see a rescue such as

        23       the one that Firefighter Giroux was able to

        24       accomplish.

        25                  He went up one of the tallest



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         1       buildings in Yonkers.  When we talked about

         2       it, it was actually 27 stories, but he had to

         3       go up even another story in order to position

         4       the ropes properly and come down to rescue two

         5       workers who were hanging by their harnesses

         6       after their scaffold had broken.  We watched

         7       breathlessly, wondering how this was going to

         8       happen, who was he going to rescue, was it

         9       going to be successful, was he going to get

        10       out all right?

        11                  And after about an hour and a half

        12       of this partnership that happened between the

        13       police and the emergency services, the

        14       firefighters, Empress EMS, everybody -- with

        15       all of us looking at this wonderful rescue

        16       with a magnificent outcome, we were all not

        17       only proud of the City of Yonkers but

        18       indebted, as always, to the heroism of

        19       Firefighter Giroux.

        20                  So I thought it was important to

        21       bring these heroes here -- you've heard their

        22       names and their ranks -- and thank them

        23       collectively.

        24                  This happened in my district in

        25       Yonkers, but I know that Firefighter Giroux



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         1       actually lives in Senator Johnson's district

         2       and that his parents live in Senator

         3       McDonald's district.  So not only is it a

         4       great event, but it's a celebration that we

         5       can all enjoy across the state, remembering

         6       how you risk your lives every day to protect

         7       all of us, how important it is that we allow

         8       you to smell your flowers and get your

         9       accolades while you are here to enjoy it, how

        10       grateful we are to your family for enduring

        11       and supporting you as you make these

        12       sacrifices, and how important it is that you

        13       continue your work knowing that you have the

        14       full community support.  And as you've read in

        15       this resolution, you certainly have.

        16                  So I wanted to thank you and

        17       recognize that, again, Firefighter Giroux is

        18       here with his loving parents, Richard and Ann;

        19       his grandmother, Theresa Brassard, who's

        20       accompanied by Jim Kelly; uncle Tim Walsh and

        21       aunt Jeanie; and you also heard read in the

        22       resolution his daughters Gianna and Samantha.

        23       There are four generations here to come to

        24       celebrate Firefighter Giroux.

        25                  Congratulations, Firefighter.



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         1                  (Standing ovation).

         2                  SENATOR STEWART-COUSINS:    And

         3       just because all of the EMS people were not in

         4       the resolution -- and they will be because all

         5       of the names are there -- the Empress EMS

         6       professionals who were key in the success of

         7       the rescue:  Chris Pinnock, Michelle

         8       Marsalisi, Rich Rivera, Karen Novelli, Thomas

         9       Daliy, Brian Hickey, and Marcel Cekuta.

        10                  And also here, and I think they

        11       just went quickly out, was Barry McGoey, who's

        12       the president of Yonkers Firefighters Local

        13       Number 628, as well as Greg DeSousa, trustee,

        14       Yonkers Firefighters Local 628, Captain Kevin

        15       Ford, Augie Nigro, the assistant chief,

        16       Michael McManus, president of the Professional

        17       Firefighters Association of New York State, as

        18       well as Sam Fresina, who is

        19       secretary/treasurer of the New York State

        20       Professional Firefighters Association.

        21                  We are all very, very proud of you.

        22       And again, thank you so much for being heroic

        23       and who you are.  Congratulations.

        24                  (Applause.)

        25                  ACTING PRESIDENT O'MARA:    Thank



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         1       you, Senator Stewart-Cousins.

         2                  Senator Owen Johnson on the

         3       resolution.

         4                  SENATOR JOHNSON:    I would like to

         5       add my congratulations, my pride in the

         6       accomplishments of Michael Giroux and his team

         7       of firemen.

         8                  The training he took and the

         9       initiative he took showed not only

        10       intelligence but bravery and courage.  And I

        11       wouldn't want to get on a 27-story building

        12       and come down on a rope and try to save

        13       somebody, but he did it, and he brought his

        14       firemen with him.  And it's a wonderful

        15       inspiring story of heroism and rescue.

        16                  So thank you very much.

        17                  (Applause.)

        18                  ACTING PRESIDENT O'MARA:    Senator

        19       McDonald on the resolution.

        20                  SENATOR McDONALD:    Thank you,

        21       Mr. President.  Thank you, Senator

        22       Stewart-Cousins.

        23                  And a special gratitude to a

        24       home-grown hero and what you've done and all

        25       your family.  What an inspiration.  It



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         1       certainly shows you that this state is a lot

         2       smaller than people think it is.

         3                  Whether it's a New York State

         4       trooper who's from the metropolitan area or

         5       New York City or Long Island doing something

         6       courageous in upstate New York, or somebody

         7       originally from Saratoga County and the Albany

         8       area going down and doing the same thing, it

         9       makes you feel part of a family.  An

        10       inspiration to us all that we should never

        11       forget that we're all here and we're all here

        12       to help each other.  And if there's somebody

        13       in need, it doesn't matter who you are or

        14       where you are, we've got people like

        15       Firefighter Giroux and his colleagues in the

        16       emergency services to be there for us.

        17                  So this is a double inspiration for

        18       me.  Thank you.

        19                  ACTING PRESIDENT O'MARA:    Senator

        20       Klein on the resolution.

        21                  SENATOR KLEIN:    Thank you,

        22       Mr. President.

        23                  I want to thank Senator

        24       Stewart-Cousins for bringing this resolution

        25       before us today.



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         1                  I have the privilege of

         2       representing a small portion of the City of

         3       Yonkers.  But I do want to really congratulate

         4       Michael on his heroic acts.  You know,

         5       unfortunately in many cases when we honor

         6       police officers or firefighters they're not

         7       here to accept our congratulations.  Thank God

         8       Michael's heroic acts, you know, left him

         9       still with us.

        10                  You know, again, unfortunately when

        11       we read our newspapers or watch our TVs

        12       lately, our public sector-workers aren't

        13       always getting the best rap.  But I think it's

        14       not only today but every day we have to say a

        15       special thank you to our Yonkers bravest.  And

        16       I think Michael represents them best.

        17                  He risked his life.  Many

        18       New Yorkers were glued to their TV sets

        19       watching what Michael was able to accomplish.

        20       And I think we owe him a debt of gratitude.

        21                  And sometimes things -- there's a

        22       lot of fate in life, people there at the right

        23       time.  And I think Michael's training,

        24       Michael's heroic acts, Michael was the perfect

        25       person to be there on that very day to save



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         1       those two workers.

         2                  So I thank you, Michael, and I know

         3       you'll continue to protect us each and every

         4       day in the great City of Yonkers.  Thank you,

         5       and thank you to your family.

         6                  ACTING PRESIDENT O'MARA:    Senator

         7       Savino on the resolution.

         8                  SENATOR SAVINO:    Thank you,

         9       Mr. President.  I also want to thank Senator

        10       Stewart-Cousins for bringing this resolution.

        11                  And, you know, one of the most

        12       riveting things I've seen on television in the

        13       last month or so was not a movie, was not a

        14       television show, certainly wasn't a reality

        15       show -- it was the opportunity to watch

        16       Michael Giroux and his colleagues, the

        17       emergency service workers, rescue those two

        18       workers who were hanging off the side of the

        19       building.

        20                  For about an hour, Channel 7

        21       Eyewitness News covered the entire event.  And

        22       I would like to tell you I was doing something

        23       important, but I was actually at the nail

        24       salon getting my nails done.  And all the

        25       women in the nail salon were transfixed by



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         1       this image on television of this situation

         2       that was unfolding where these two workers

         3       were hanging down the side of a building, and

         4       they had emergency service cops trying to

         5       figure out could they get them in through the

         6       window.

         7                  And it was absolutely amazing to

         8       see the level of professionalism that was

         9       displayed by the Yonkers Police Department and

        10       the Yonkers Fire Department.  But the most

        11       thrilling thing was to see, suddenly, from the

        12       roof down, a firefighter rappel down the side

        13       of the building and then stop and try to

        14       figure out which one of those hanging workers

        15       he was going to rescue first.

        16                  It was absolutely amazing.  And it

        17       just serves to remind us just how difficult

        18       the job is that our first responders do every

        19       day.

        20                  And as Senator Klein said, it's

        21       very easy to forget because we open the

        22       newspaper every day and we hear from county

        23       executives and town supervisors and governors

        24       and mayors about how we can't afford these

        25       guys anymore, they cost us too much money,



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         1       their benefits are too high, their disability

         2       risks are too high.  It's very easy to think

         3       that we can, you know, just value them in

         4       terms of dollars and cents.

         5                  What we saw on March 4th on the

         6       news, what we saw these guys do is priceless.

         7       So whatever it is we're paying them, it's not

         8       enough money.

         9                  Congratulations to Michael, to all

        10       of his colleagues and the emergency service

        11       workers.  Thank God we're here today to say

        12       thank you to you.  And for those two workers

        13       that you saved, thank God you were there for

        14       them that day.

        15                  Thank you, Senator Stewart-Cousins

        16       for bringing this.

        17                  And congratulations again.

        18                  ACTING PRESIDENT O'MARA:    Senator

        19       Hassell-Thompson on the resolution.

        20                  SENATOR HASSELL-THOMPSON:    Thank

        21       you, Mr. President.  Just very quickly before

        22       they have to leave the chambers.

        23                  The City of Mount Vernon abuts

        24       Yonkers.  And one of the things, when I was on

        25       the city council, that made me very



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         1       appreciative of having Yonkers as a neighbor

         2       was the fact that whenever we had serious

         3       emergencies and we could not handle them,

         4       Yonkers was always there for us.  And Yonkers

         5       continues to be there for us.

         6                  And so I want to add my

         7       congratulations and thanks to you, Michael,

         8       and to your entire brigade for the work that

         9       you continue to do and the support that you

        10       continue to give to my city, the City of

        11       Mount Vernon.  And thank you.

        12                  ACTING PRESIDENT O'MARA:    Anyone

        13       further wish to be heard on the resolution?

        14                  The question is on the resolution.

        15       All those in favor signify by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT O'MARA:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT O'MARA:    The

        21       resolution is adopted.

        22                  Senator Libous.

        23                  SENATOR LIBOUS:    Thank you,

        24       Mr. President.

        25                  Mr. President, can we now go to the



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         1       reading of the noncontroversial calendar.

         2                  ACTING PRESIDENT O'MARA:    Yes,

         3       Senator Libous.  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       103, by Senator Little, Senate Print 2912, an

         6       act to authorize the Village of Saranac Lake.

         7                  ACTING PRESIDENT O'MARA:    A

         8       home-rule message is at the desk.

         9                  Read the last section.

        10                  THE SECRETARY:    Section 9.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT O'MARA:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 59.

        16                  ACTING PRESIDENT O'MARA:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       151, by Senator Gallivan, Senate Print 3037,

        20       an act in relation to the dissolution of the

        21       Wadsworth Library.

        22                  ACTING PRESIDENT O'MARA:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT O'MARA:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 59.

         5                  ACTING PRESIDENT O'MARA:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       197, by Senator Young, Senate Print 793, an

         9       act to amend the Agriculture and Markets Law.

        10                  ACTING PRESIDENT O'MARA:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT O'MARA:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 57.  Nays,

        18       2.  Senator Hassell-Thompson and Senator

        19       Espaillat in the negative.

        20                  ACTING PRESIDENT O'MARA:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       200, by Senator Ritchie, Senate Print 3542, an

        24       act requiring the State Fire Prevention and

        25       Building Code.



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         1                  ACTING PRESIDENT O'MARA:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT O'MARA:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT O'MARA:    Senator

         9       Ritchie to explain her vote.

        10                  SENATOR RITCHIE:    In 2010 the

        11       New York maple producers produced

        12       312,000 gallons of syrup, which ranked

        13       New York State second in the nation, following

        14       only after Vermont.

        15                  Essentially this bill will enable

        16       maple producers to avoid unnecessary and

        17       costly upgrades to seasonal structures by

        18       deeming them agricultural buildings.  In

        19       addition, this bill codifies the long-standing

        20       relationship where producers welcome tourists

        21       to promote their businesses.

        22                  I will be voting yes on this bill.

        23                  ACTING PRESIDENT O'MARA:    Senator

        24       Ritchie will be recorded in the affirmative.

        25                  Senator Little, to explain her



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         1       vote.

         2                  SENATOR LITTLE:    Thank you,

         3       Mr. President.  And thank you, Senator

         4       Ritchie, for this bill.

         5                  Last Friday I had the pleasure of

         6       tapping a maple tree at the opening of the

         7       Maple Syrup Weekend.  And I would just like to

         8       recommend to anyone and everyone here, this

         9       weekend is also a Maple Syrup Weekend.  If you

        10       have a place where they are doing the maple

        11       syrup, it's a wonderful family event to go for

        12       the pancake breakfast and really support our

        13       maple producers.

        14                  We're number two in the country and

        15       growing, and these are hardworking people.

        16       But this bill will help them because their

        17       sugar shack is actually only used a few weeks

        18       a year.

        19                  So thank you for the bill, and I

        20       will be voting in the affirmative.

        21                  ACTING PRESIDENT O'MARA:    Senator

        22       Little to be recorded in the affirmative.

        23                  Announce the results.

        24                  THE SECRETARY:    Ayes, 60.

        25                  (Applause.)



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         1                  ACTING PRESIDENT O'MARA:    The

         2       bill is passed.

         3                  This is Senator Ritchie's first

         4       bill?  No, second.  Senator Ritchie's second

         5       bill.

         6                  (Laughter.)

         7                  ACTING PRESIDENT O'MARA:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       236, by Senator Griffo, Senate Print 2778, an

        11       act in relation to making certain findings.

        12                  ACTING PRESIDENT O'MARA:    A

        13       home-rule message is at the desk.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 5.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT O'MARA:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 60.

        21                  ACTING PRESIDENT O'MARA:    The

        22       bill is passed.

        23                  Senator Libous, that completes the

        24       noncontroversial reading of the calendar for

        25       today.



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         1                  SENATOR LIBOUS:    Mr. President,

         2       thank you.

         3                  Senator Sampson, in consultation

         4       with Senator Skelos, would like to hand up the

         5       following committee assignments.  I ask that

         6       they be filed.

         7                  ACTING PRESIDENT O'MARA:    They

         8       will be filed in the Journal, Senator.

         9                  SENATOR LIBOUS:    Mr. President,

        10       is there any further business at the desk?

        11                  ACTING PRESIDENT O'MARA:    There

        12       is none.

        13                  SENATOR LIBOUS:    There being no

        14       further business, Mr. President, the Senate

        15       will adjourn until Thursday, March 24th, at

        16       11:00 a.m.

        17                  ACTING PRESIDENT O'MARA:    On

        18       motion, the Senate stands adjourned until

        19       Thursday, March 24th, at 11:00 a.m.

        20                  (Whereupon, at 3:41 p.m., the

        21       Senate adjourned.)

        22

        23

        24

        25



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