Regular Session - May 8, 2006

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                      May 8, 2006

        11                       3:17 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25


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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    With us is a

        10       colleague, friend and advisor who needs no

        11       introduction, Reverend Peter G. Young, from

        12       Blessed Sacrament Church in Bolton Landing,

        13       New York.

        14                  REVEREND YOUNG:    As New Yorkers,

        15       in having honored the prayer and having

        16       honored, of course, our flag, we are proud

        17       that the first christening of the American

        18       flag, the Stars and Stripes, was flown in

        19       battle at the defense of Fort Stanwick in

        20       Rome, in Senator Meier's turf.

        21                  It's with great pride that we are

        22       able to serve as Senators in this patriotic

        23       tradition, as elected leaders to fill Your

        24       call, O God of leadership to all our people of

        25       New York State.


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         1                  Amen.

         2                  THE PRESIDENT:    Reading of the

         3       Journal.

         4                  THE SECRETARY:    In Senate,

         5       Sunday, May 7, the Senate met pursuant to

         6       adjournment.  The Journal of Saturday, May 6,

         7       was read and approved.  On motion, Senate

         8       adjourned.

         9                  THE PRESIDENT:    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                  Communications and reports from

        18       state officers.

        19                  Motions and resolutions.

        20                  Senator Fuschillo.

        21                  SENATOR FUSCHILLO:    Thank you,

        22       Madam President.

        23                  On behalf of Senator Meier, on page

        24       number 58 I offer the following amendments to

        25       Calendar Number 849, Senate Print Number


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         1       2322A, and ask that said bill retain its place

         2       on Third Reading Calendar.

         3                  THE PRESIDENT:    The amendments

         4       are received, and the bill will retain its

         5       place on the Third Reading Calendar.

         6                  SENATOR FUSCHILLO:    Thank you,

         7       Madam President.

         8                  On behalf of Senator Little, on

         9       page number 33 I offer the following

        10       amendments to Calendar Number 412, Senate

        11       Print Number 3844, and ask that said bill

        12       retain its place on Third Reading Calendar.

        13                  THE PRESIDENT:    Those amendments

        14       are also received, and the bill will retain

        15       its place on the Third Reading Calendar.

        16                  SENATOR FUSCHILLO:    Madam

        17       President, on behalf of Senator Meier, on page

        18       number 39 I offer the following amendments to

        19       Calendar Number 579, Senate Print Number

        20       2316B, and ask that said bill retain its place

        21       on Third Reading Calendar.

        22                  THE PRESIDENT:    The amendments

        23       are received, and the bill will retain its

        24       place on the Third Reading Calendar.

        25                  SENATOR FUSCHILLO:    Madam


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         1       President, on behalf of Senator Libous, on

         2       page number 54 I offer the following

         3       amendments to Calendar Number 812, Senate

         4       Print Number 6425, and ask that said bill

         5       retain its place on Third Reading Calendar.

         6                  THE PRESIDENT:    The amendments

         7       are received.  The bill will retain its place

         8       on the Third Reading Calendar.

         9                  SENATOR FUSCHILLO:    Thank you.

        10                  THE PRESIDENT:    Senator Skelos.

        11                  SENATOR SKELOS:    Madam President,

        12       there's a Resolution 5006 at the desk, by

        13       Senator Breslin.  Could we have it read in its

        14       entirety and move for its immediate adoption.

        15                  THE PRESIDENT:    The Secretary

        16       will read.

        17                  THE SECRETARY:    By Senator

        18       Breslin, Legislative Resolution Number 5006,

        19       congratulating the University at Albany Men's

        20       Basketball Team and Coach Will Brown upon the

        21       occasion of capturing the 2006 America East

        22       Conference Championship.

        23                  "WHEREAS, It is with great pride

        24       that this Legislative Body commends those

        25       outstanding athletes of the State of New York


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         1       who bring honor and distinction to the game of

         2       college basketball, distinguishing themselves

         3       through notable achievement and thereby

         4       representing the State of New York with

         5       exceptional dignity and determination; and

         6                  "WHEREAS, This Legislative Body is

         7       justly proud to congratulate the University at

         8       Albany Men's Basketball Team and Coach Will

         9       Brown upon the occasion of capturing the 2006

        10       America East Conference Championship.  The

        11       Great Danes defeated three-time defending

        12       champions, the University of Vermont

        13       Catamounts, on Saturday, March 11, 2006, in

        14       front of a jubilant crowd of 4,538 fans at the

        15       Recreation and Convocation Center, Albany,

        16       New York, in a game televised nationally on

        17       ESPN 2; and

        18                  "WHEREAS, The top-seeded Great

        19       Danes earned the league's automatic bid to the

        20       NCAA Tournament and completed their turnaround

        21       from Division I patsy.  Entering this year,

        22       UAlbany hadn't had a winning season since

        23       upgrading to Division I in 1999-2000 and

        24       bottomed out with a 5-23 record just two years

        25       ago; and


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         1                  "WHEREAS, The Great Danes came out

         2       like a team determined to put that history

         3       behind them.  Hundreds of UAlbany students

         4       rushed the court when the game was over, and

         5       UAlbany players cut down the net; and

         6                  "WHEREAS, Entering the NCAA

         7       Tournament on Friday, March 17, 2006, the

         8       Great Danes competed against the top-seeded

         9       University of Connecticut Huskies in the first

        10       round at the Wachovia Center in Philadelphia,

        11       Pennsylvania; and

        12                  "WHEREAS, The athletic talent

        13       displayed by this team is due in great part to

        14       the efforts of Coach Will Brown and his

        15       dedicated assistants, skilled and

        16       inspirational tutors, respected for their

        17       ability to develop potential into excellence;

        18       and

        19                  "WHEREAS, The team's overall record

        20       of 21 wins and 11 losses is outstanding, and

        21       the team members were loyally and

        22       enthusiastically supported by family, friends

        23       and fans all across the great State of

        24       New York; and

        25                  "WHEREAS, The hallmarks of the


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         1       University at Albany's Men's Basketball Team,

         2       from the opening practice of the season to

         3       participation in the NCAA Tournament in

         4       Philadelphia, Pennsylvania, were a brotherhood

         5       of athletic ability, of good sportsmanship, of

         6       honor and of scholarship, demonstrating that

         7       these team players are second to none; and

         8                  "WHEREAS, Athletically and

         9       academically, the team members have proven

        10       themselves to be an unbeatable combination of

        11       talents, reflecting favorably on their

        12       college; and

        13                  "WHEREAS, Coach Will Brown and his

        14       staff have done a superb job in guiding,

        15       molding and inspiring the team members toward

        16       their goals; and

        17                  "WHEREAS, Sports competition

        18       instills the values of teamwork, pride and

        19       accomplishment, and Coach Will Brown and the

        20       12 outstanding athletes have clearly made a

        21       contribution to the spirit of excellence which

        22       is a tradition at the University at Albany;

        23       now, therefore, be it

        24                  "RESOLVED, That this Legislative

        25       Body pause in its deliberations to


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         1       congratulate the University at Albany Men's

         2       Basketball Team, its members -- David Bauman,

         3       Brian Connelly, Jimmie Covington, Jon Iati,

         4       Lucious Jordan, Jerrad Knotts, Levi Levine,

         5       Brian Lillis, Jason Siggers, Brent Wilson,

         6       Jamar Wilson and Kirsten Zoellner -- Trainers

         7       Rich Bennet and Brian DePasquale, Managers

         8       Michael Peck, Rob Longert, and Nick Mattera,

         9       Assistant Coaches Pat Filien, Chad O'Donnell,

        10       Eric Eaton and Jeremy Friel, and Coach Will

        11       Brown on their outstanding season and on

        12       winning the America East Conference

        13       Championship; and be it further

        14                  "RESOLVED, That copies of this

        15       resolution, suitably engrossed, be transmitted

        16       to the members of the University at Albany

        17       Men's Basketball Team and to Coach Will

        18       Brown."

        19                  THE PRESIDENT:    Senator Breslin.

        20                  SENATOR BRESLIN:    Thank you,

        21       Madam President.

        22                  This is a wonderful day to stand

        23       and to applaud this basketball team, a team

        24       that didn't become a Division I team until

        25       1999.  And to have its first winning season


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         1       this year, at 21 and 11, and to be able to

         2       turn on the television and watch a national

         3       game, as Albany beat Vermont for the America

         4       East title -- and then that Friday night, that

         5       Friday night when all of us were watching,

         6       when Albany played Connecticut -- Connecticut,

         7       a team that we see every day, a team that was

         8       arguably the number-one team in the country

         9       then -- and to watch minute after minute go by

        10       as, shot for shot, these kids just stayed with

        11       them and stayed with them, stayed with the

        12       team, the Connecticut team that's made up

        13       predominantly of McDonald's All Americans.

        14                  But as I talked to these young men,

        15       they weren't at all fazed by the people they

        16       were playing against.  They knew if they

        17       played their own game, they would be right

        18       there with them.

        19                  And speaking of that team, the team

        20       at Albany is more than just the players, it's

        21       made up of the coaches:  Will, who you know,

        22       Will Brown -- if you'd stand up, Will -- Eric

        23       Eaton, Pat Filien, Chad O'Donnell, Jeremy

        24       Friel; the athletic administration, led by

        25       Athletic Director Lee McElroy, who's here, and


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         1       Brian DePasquale and Charlie Voelker, who many

         2       of us know; and the university administration,

         3       our fine president, Kermit Hall, who's there

         4       with Charlie Williams and Mark Schmidt.

         5                  But now to the people who brought

         6       it all together.  And you can rest assured I

         7       won't be like the Governor; I'm not going to

         8       challenge any of these young men one-on-one,

         9       even though I threatened to before.  And if

        10       you'd stand:  Lucious Jordan, who happens to

        11       be from Colonie Center and a member of Albany

        12       County, and hopefully a voter in this

        13       county -- that's called an aside -- Jamar

        14       Wilson, from the Bronx; Jon Iati, from York,

        15       Pennsylvania; Dave Bauman, from Pittsburgh;

        16       and, last but not least, Levi Levine, from

        17       New York City.

        18                  We applaud what's happened.  You've

        19       set a new standard for basketball.  We expect

        20       to have you back each and every year.  I am

        21       terribly impressed by watching you all this

        22       year, you players, the way you handled

        23       yourselves -- we knew you could do it on the

        24       court, but off the court, your ability to

        25       articulate and to bring prestige to this


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         1       university.

         2                  We of course have another kind of

         3       informal member of your team right here on the

         4       floor, and that's Senator Hugh Farley, from

         5       Schenectady, a long-time professor at Albany

         6       State, who I know joins with me in this

         7       tribute.

         8                  Again, I commend you, I'm humbled

         9       to have you here, and I look forward to seeing

        10       many of your games next year.

        11                  Thank you very much.

        12                  (Applause.)

        13                  SENATOR BRESLIN:    I'd like to

        14       note, just before Senator Farley speaks, that

        15       they have decided to retire my number here at

        16       Albany State.

        17                  (Laughter.)

        18                  SENATOR BRESLIN:    Thank you very

        19       much, Senator Farley.

        20                  THE PRESIDENT:    Senator Farley.

        21                  SENATOR FARLEY:    Thank you, Madam

        22       President, Senator Breslin.

        23                  Let me just say that as a graduate

        24       of the State University of New York at Albany,

        25       and somebody that's taught there for


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         1       35 years -- and for many, many years I used to

         2       rehabilitate Coach Sauer's players in my

         3       classes and enjoyed all of those basketball

         4       players who have been academic outstanding

         5       students -- let me just say, Albany, it was

         6       incredible.

         7                  The whole nation was watching them

         8       and rooting for them as they -- as the bottom

         9       seed was really taking the University of

        10       Connecticut and almost beat them, to the last

        11       minute.  We got the light out from underneath

        12       the bushel for Albany.  This is a national

        13       school.

        14                  Will Brown, what you've done with

        15       that team in the very short time you've been

        16       Division I is absolutely incredible.  We're

        17       very, very proud of you.  There's a lot of

        18       better days coming.  This is one of the most

        19       exciting things that has ever happened in this

        20       Capital District.  And I salute you, not only

        21       as a fine academic institution but as a great

        22       team and a great bunch of youngsters.  And,

        23       you know, we've got them coming back for next

        24       year.

        25                  We're very proud of you.


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         1       Congratulations.

         2                  THE PRESIDENT:    Senator

         3       Stachowski.

         4                  SENATOR STACHOWSKI:    Just

         5       briefly.  I won't rehash everything they said

         6       about the great year you guys had and the

         7       wonderful job you did in the tournament.

         8                  I just wanted to point out to you,

         9       as somebody who has nothing to do with the

        10       University at Albany, and I don't live in

        11       Albany except when I work here, what I noticed

        12       that you did for the university is lobbyists,

        13       people that work here, members of the

        14       Legislature that went to Albany were now

        15       suddenly telling everybody:  "You know, I went

        16       to Albany.  I'm going to watch my team

        17       Friday."

        18                  Then when you guys played so well,

        19       the following Monday they were all, again, in

        20       our face, telling us what a great job you guys

        21       did and how proud they were to be from the

        22       University of Albany.  And I think that that

        23       job you did for the university, the university

        24       couldn't afford to pay for.

        25                  So I just join everyone else in


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         1       congratulating you.

         2                  THE PRESIDENT:    On the

         3       resolution, all in favor please signify by

         4       saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (No response.)

         8                  THE PRESIDENT:    The resolution is

         9       adopted.

        10                  Congratulations.  Best wishes, as

        11       we're sure you will have similar success down

        12       the road.

        13                  (Applause.)

        14                  THE PRESIDENT:    Senator Skelos.

        15                  SENATOR SKELOS:    Madam President,

        16       there's a Resolution 4632 at the desk, by

        17       Senator Flanagan.  Could we have the title

        18       read and move for its immediate adoption.

        19                  THE PRESIDENT:    The Secretary

        20       will read.

        21                  THE SECRETARY:    By Senator

        22       Flanagan, Legislative Resolution 4632,

        23       commending Lieutenant Dennis Carman upon the

        24       occasion of his designation as Correction

        25       Officer of the Year by the New York State


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         1       Deputies Association.

         2                  THE PRESIDENT:    On the

         3       resolution, all in favor please signify by

         4       saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (No response.)

         8                  THE PRESIDENT:    The resolution is

         9       adopted.

        10                  Senator Skelos.

        11                  SENATOR SKELOS:    Madam President,

        12       there's a resolution at the desk, 5100, by

        13       Senator Little.  Could we have the title read

        14       and move for its immediate adoption.

        15                  THE PRESIDENT:    The Secretary

        16       will read.

        17                  THE SECRETARY:    By Senator

        18       Little, Legislative Resolution Number 5100,

        19       commemorating the 100th Anniversary of the

        20       Tupper Lake National Bank.

        21                  THE PRESIDENT:    Senator Little.

        22                  SENATOR LITTLE:    Thank you.

        23                  We always speak about small

        24       businesses and how they are the backbone of

        25       our community.  The Tupper Lake National Bank


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         1       is a small business.  It has been an ongoing

         2       banking business in Tupper Lake for 100 years.

         3       And it's with a great deal of pride that we

         4       celebrate that.

         5                  They now have branches in Saranac

         6       Lake, Lake Placid, and Plattsburgh.  And they,

         7       like many of our other small businesses, have

         8       been able to grow in the New York State

         9       business climate.

        10                  So I congratulate them and all of

        11       their previous workers and current-day workers

        12       for the wonderful job that they do providing

        13       banking services to the people in my district.

        14                  Thank you.

        15                  THE PRESIDENT:    All in favor

        16       please signify by saying aye.

        17                  (Response of "Aye.")

        18                  THE PRESIDENT:    Opposed, nay.

        19                  (No response.)

        20                  THE PRESIDENT:    The resolution is

        21       adopted.

        22                  Senator Skelos.

        23                  SENATOR SKELOS:    Madam President,

        24       if we could go to the noncontroversial reading

        25       of the calendar.


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         1                  THE PRESIDENT:    The Secretary

         2       will read.

         3                  THE SECRETARY:    Calendar Number

         4       57, by Senator Wright, Senate Print 5532B, an

         5       act to amend the Family Court Act, in relation

         6       to making juvenile delinquents criminally

         7       responsible.

         8                  THE PRESIDENT:    Read the last

         9       section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the first of

        12       November.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  SENATOR SKELOS:    Lay it aside

        16       temporarily, please.

        17                  THE PRESIDENT:    The roll call is

        18       withdrawn.

        19                  The bill is laid aside temporarily.

        20                  The Secretary will continue to

        21       read.

        22                  THE SECRETARY:    Calendar Number

        23       105, by Senator Skelos, Senate Print 494B, an

        24       act to amend the Education Law.

        25                  THE PRESIDENT:    Read the last


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         1       section.

         2                  THE SECRETARY:    Section 5.  This

         3       act shall take effect on the 180th day.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 55.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  THE SECRETARY:    Calendar Number

        10       162, by Senator Skelos, Senate Print 4381A, an

        11       act to amend the Uniform Commercial Code, in

        12       relation to conversion.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect immediately.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 55.

        20                  THE PRESIDENT:    The bill is

        21       passed.

        22                  THE SECRETARY:    Calendar Number

        23       517, by Senator Larkin, Senate Print 6880A, an

        24       act to amend the Racing, Pari-Mutuel Wagering

        25       and Breeding Law, in relation to authorizing.


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         1                  THE PRESIDENT:    Read the last

         2       section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 55.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    Calendar Number

        11       611, by Senator Maziarz --

        12                  SENATOR SKELOS:    Lay it aside for

        13       the day, please.

        14                  THE PRESIDENT:    The bill is laid

        15       aside for the day.

        16                  THE SECRETARY:    Calendar Number

        17       700, by Senator Farley, Senate Print 4677A, an

        18       act to amend the Banking Law, in relation to

        19       changing.

        20                  THE PRESIDENT:    Read the last

        21       section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect on the 90th day.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)


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         1                  THE SECRETARY:    Ayes, 55.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    Calendar Number

         5       724, by Senator Fuschillo, Senate Print 6568,

         6       an act to authorize the East Farmingdale

         7       Volunteer Fire Company, Inc.

         8                  THE PRESIDENT:    Read the last

         9       section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  THE PRESIDENT:    Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 55.

        15                  THE PRESIDENT:    The bill is

        16       passed.

        17                  THE SECRETARY:    Calendar Number

        18       725, by Senator Johnson, Senate Print 6851, an

        19       act to authorize.

        20                  THE PRESIDENT:    Read the last

        21       section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)


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         1                  THE SECRETARY:    Ayes, 54.  Nays,

         2       1.  Senator Bonacic recorded in the negative.

         3                  THE PRESIDENT:    The bill is

         4       passed.

         5                  THE SECRETARY:    In relation to

         6       Calendar Number 725, those recorded in the

         7       negative:  Senators Bonacic, Larkin and Rath.

         8                  Ayes, 52.  Nays, 3.

         9                  THE PRESIDENT:    The bill is

        10       passed.

        11                  THE SECRETARY:    Calendar Number

        12       778, by Senator Little, Senate Print 731A, an

        13       act to amend the Local Finance Law, in

        14       relation to advance refunding.

        15                  THE PRESIDENT:    Read the last

        16       section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect immediately.

        19                  THE PRESIDENT:    Call the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 55.

        22                  THE PRESIDENT:    The bill is

        23       passed.

        24                  THE SECRETARY:    Calendar Number

        25       783, by Senator Little, Senate Print 4916, an


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         1       act to amend the General Municipal Law, in

         2       relation to balancing.

         3                  THE PRESIDENT:    Read the last

         4       section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the first of July.

         7                  THE PRESIDENT:    Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 55.

        10                  THE PRESIDENT:    The bill is

        11       passed.

        12                  THE SECRETARY:    Calendar Number

        13       786, by Senator Winner, Senate Print 6316, an

        14       act to amend the General Municipal Law and

        15       others, in relation to requiring.

        16                  THE PRESIDENT:    There is a local

        17       fiscal impact note at the desk.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 8.  This

        20       act shall take effect on the first of January.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 55.

        24                  THE PRESIDENT:    The bill is

        25       passed.


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         1                  THE SECRETARY:    Calendar Number

         2       800, by Senator Bonacic, Senate Print 997, an

         3       act to amend the Vehicle and Traffic Law and

         4       the Labor Law, in relation to fingerprinting.

         5                  THE PRESIDENT:    Read the last

         6       section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect on the 90th day.

         9                  THE PRESIDENT:    Call the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 54.  Nays,

        12       1.  Senator A. Smith recorded in the negative.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       808, by Senator DeFrancisco, Senate Print

        17       5054, an act to amend the Navigation Law, in

        18       relation to operation.

        19                  THE PRESIDENT:    Read the last

        20       section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect immediately.

        23                  THE PRESIDENT:    Call the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 55.


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         1                  THE PRESIDENT:    The bill is

         2       passed.

         3                  THE SECRETARY:    Calendar Number

         4       809, by Senator Padavan, Senate Print 5360, an

         5       act to amend the Vehicle and Traffic Law, in

         6       relation to suspension.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 54.  Nays,

        14       1.  Senator Montgomery recorded in the

        15       negative.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  THE SECRETARY:    Calendar Number

        19       811, by Senator Young, Senate Print 6238, an

        20       act to amend the Vehicle and Traffic Law, in

        21       relation to designating.

        22                  THE PRESIDENT:    Read the last

        23       section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.


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         1                  THE PRESIDENT:    Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 55.

         4                  THE PRESIDENT:    The bill is

         5       passed.

         6                  THE SECRETARY:    Calendar Number

         7       821, by Senator LaValle, Senate Print 1412, an

         8       act to amend the Real Property Actions and

         9       Proceedings Law, in relation to purchase.

        10                  THE PRESIDENT:    Read the last

        11       section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the 30th day.

        14                  THE PRESIDENT:    Call the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 55.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  The Secretary will read Calendar

        20       Number 57.

        21                  THE SECRETARY:    Calendar Number

        22       57, by Senator Wright, Senate Print 5532B, an

        23       act to amend the Family Court Act.

        24                  THE PRESIDENT:    Read the last

        25       section.


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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect on the first of

         3       November.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE PRESIDENT:    The Secretary

         7       will announce the results.

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 57 are

        10       Senators Dilan, Montgomery, Oppenheimer and

        11       A. Smith.

        12                  Ayes, 51.  Nays, 4.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  Senator Skelos, that completes the

        16       reading of the noncontroversial calendar.

        17                  SENATOR SKELOS:    Madam President,

        18       if you could just recognize Senator Flanagan.

        19                  THE PRESIDENT:    Senator Flanagan.

        20                  SENATOR FLANAGAN:    Thank you,

        21       Madam President.

        22                  Just a brief announcement.  Many of

        23       my colleagues know tomorrow is the bowlathon

        24       for the Bone Marrow Foundation, which many

        25       people have participated in.


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         1                  Today, the Bone Marrow Foundation

         2       is in the LOB, in Hearing Room C.  They're

         3       allowing people to get tested up until

         4       6 o'clock.  A very simple test, just a little

         5       prick on the finger and it can help save

         6       somebody's life.  So if you have the time,

         7       they're down there until 6 o'clock, Hearing

         8       Room C, the Bone Marrow Foundation.

         9                  Thank you.

        10                  SENATOR BRUNO:    Madam President.

        11                  THE PRESIDENT:    Senator Bruno.

        12                  SENATOR BRUNO:    Can we at this

        13       time return to motions and resolutions.

        14                  I believe I have a resolution at

        15       the desk.  I would ask that it be read in its

        16       entirety and move for its immediate adoption.

        17                  THE PRESIDENT:    Motions and

        18       resolutions.

        19                  The Secretary will read.

        20                  THE SECRETARY:    By Senator Bruno,

        21       Legislative Resolution Number 5115,

        22       commemorating May 8, 2006, as Volunteer

        23       Firefighter and EMS Day, in recognition of the

        24       sacrifices and contributions these outstanding

        25       individuals make to protect and to care for


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         1       the residents of the State of New York.

         2                  "WHEREAS, It is the custom of this

         3       Legislative Body to recognize and pay just

         4       tribute to those individuals who devote their

         5       purposeful life to serving others, expressing

         6       its highest regard and admiration for the

         7       great skill and courageous dedication

         8       exhibited by those individuals who take prompt

         9       and heroic action in an emergency situation,

        10       without due regard for their own safety and

        11       welfare; and

        12                  "WHEREAS, Attendant to such

        13       concern, and in full accord with its

        14       long-standing traditions, this Legislative

        15       Body is proud to commemorate Monday, May 8,

        16       2006, as Volunteer Firefighter and Emergency

        17       Medical Services (EMS) Day; and

        18                  "WHEREAS, The members of four vital

        19       organizations that play a significant role in

        20       caring for the residents of New York State

        21       include the Firemen's Association of the State

        22       of New York (FASNY), the Chiefs Association,

        23       the Fire District Association, and the

        24       Volunteer Ambulance Association; and

        25                  "WHEREAS, It takes a special


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         1       dedication, a strong desire to help others,

         2       and a tireless sense of community to be a

         3       volunteer firefighter, to respond to the

         4       signal that a neighbor is in need, and to

         5       heroically perform, often above and beyond the

         6       call of duty, those responsibilities which

         7       define the task of fire protection; and

         8                  "WHEREAS, Emergency medical

         9       services providers have traditionally served

        10       as the safety net of America's healthcare

        11       system.  The members of EMS teams are ready to

        12       provide lifesaving care to those in need 24

        13       hours a day, seven days a week; and

        14                  "WHEREAS, More than 75 percent of

        15       the emergency response in the great State of

        16       New York is volunteer.  The selfless

        17       contribution that these men and women make to

        18       New York's quality of life cannot be replaced;

        19       and

        20                  "WHEREAS, It is important for all

        21       citizens of our state and nation to know and

        22       understand the problems, duties and

        23       responsibilities of their volunteer

        24       firefighters and EMS personnel, and that these

        25       brave volunteers recognize their duty to serve


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         1       the public by safeguarding both life and

         2       property; now, therefore, be it

         3                  "RESOLVED, That this Legislative

         4       Body pause in its deliberations to commemorate

         5       May 8, 2006, as Volunteer Firefighter and EMS

         6       Day, in recognition of the sacrifices and

         7       contributions these outstanding individuals

         8       make to protect and to care for the residents

         9       of the State of New York; and be it further

        10                  "RESOLVED, That copies of this

        11       resolution, suitably engrossed, be transmitted

        12       to the members of the Firemen's Association of

        13       the State of New York, the Chiefs Association,

        14       the Fire District Association, and the

        15       Volunteer Ambulance Association."

        16                  THE PRESIDENT:    Senator Bruno.

        17                  SENATOR BRUNO:    Madam President,

        18       we just heard a resolution that talks about

        19       firemen and emergency responders here in this

        20       state.  They are -- many of them are here in

        21       the building.  We had hoped they could get

        22       here before we finished session.  They may or

        23       they may not.

        24                  But the resolution describes the

        25       contribution that they make to all of our


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         1       lives.  And recognize that all of these people

         2       are volunteers.  Three-quarters of them are

         3       volunteers, 24/7.  I don't think there's a

         4       person here that hasn't had a personal

         5       experience with one of the firemen or an

         6       emergency responder who hasn't in some

         7       positive way affected our lives.

         8                  I in one situation had them arrive

         9       for part of my family at 2:00 in the morning,

        10       and something that was very, very traumatic --

        11       2:00 in the morning.  Whether it was

        12       life-threatening, lifesaving, who knows.  But

        13       they were there.

        14                  Fires, right next door to where I

        15       live, 20 below zero, and they were there.

        16       Son's house burned to the ground.  Within

        17       minutes, they were there.

        18                  I was the first car on the scene at

        19       a car accident where the car was over on its

        20       side and the motor was still going -- it was

        21       over on its roof.  And there was a couple in

        22       there, and the woman was pregnant, eight

        23       months pregnant.  Within minutes -- and there

        24       were fluids all over.  And the young fellow

        25       that was behind that wheel was upside down and


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         1       strapped in.  And we that were there were

         2       doing what we could to create some relief.

         3       But it was apparent you couldn't open doors,

         4       you couldn't get into that car.

         5                  Those people arrived, and within

         6       minutes -- with fluids all over that could

         7       have been gasoline, that could have been

         8       explosive -- just responded and handled the

         9       situation.

        10                  And the good news in that case, the

        11       baby was actually born and survived, the

        12       mother survived, the young fellow survived.

        13       And he had a good -- chances were that he

        14       could have choked to death, because he was

        15       upside down and bleeding in his head and his

        16       mouth.

        17                  So those are personal experiences.

        18       You just don't forget them.  And everyone

        19       here, I'm sure, could tell story after story

        20       about the heroism, the commitment, the will of

        21       these people to do things where they have no

        22       regard for their own safety, their own lives,

        23       but just respond to other people who need

        24       their help.

        25                  So I am honored and privileged that


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         1       we can pass a resolution recognizing the

         2       merits of what all of these people do in our

         3       lives.  And while they may or may not be here,

         4       this resolution will stand and will be

         5       delivered to them as a testimony to the

         6       respect that we in this chamber have for their

         7       will, for their commitment, for their good

         8       work, for being so unselfish, 24/7, in

         9       responding to the need of people throughout

        10       the state.

        11                  And if you would join me, as we are

        12       being joined by the representatives of the

        13       firemen and the emergency responders here.

        14       Are there other speakers?  There are.  Then

        15       I'm going to ask the other speakers to say a

        16       few words, and then we'll go from there.

        17                  THE PRESIDENT:    Thank you,

        18       Senator.

        19                  Senator Balboni.

        20                  SENATOR BALBONI:    Senator Bruno

        21       and Madam President, I wanted to rise because

        22       we all understand the importance of the

        23       firefighting community.

        24                  But I want to share an experience

        25       that I just had.  And I'm sorry, but I am


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         1       unaware of how many members of the Senate are

         2       members of volunteer fire departments.  But I

         3       am not, and so I had never really gotten a

         4       chance to observe what fire departments and

         5       firemen do.

         6                  And last fall, I went to the Fire

         7       School.  And I went with the Mineola Fire

         8       Department, and they put me into a tower, a

         9       fire going on in a tower of six floors.  You

        10       put the bunker gear on, turnout coats, the

        11       helmet, the Scott air pack, about 60,

        12       65 pounds, and you climb up six flights of

        13       stairs.

        14                  And there were two staircases, one

        15       the attack staircase and one the pressurized

        16       staircase.  And I went in with the captain to

        17       the pressurized staircase, and we got in the

        18       fire room before anybody else got there.

        19                  And what they'd done is they'd

        20       taken two pallets of wood, and they put one in

        21       both sides of the floor of the tower, and they

        22       put a thing of gasoline underneath it.  And so

        23       that was all that was burning in this cement

        24       room.

        25                  Well, the heat in there is


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         1       something I have never witnessed, experienced

         2       before in my life.  And I didn't have one

         3       inch, not one inch of skin exposed.

         4                  And the firefighter who was next to

         5       me, the fire chief, he's walking on hands and

         6       knees, it's completely black.  I've got a huge

         7       flashlight on my arm; you cannot see anything

         8       but a dull glow.  And so I get up, just

         9       because we've got to run down this hallway

        10       now, and as soon as I run up, the hair on the

        11       back of my neck singes through the coat.

        12                  And the captain grabs me and pulls

        13       me down and says, "Get down, you can't do

        14       that, you're going to burn."  And to emphasize

        15       it, he stands up after the fire is over.  He's

        16       got a flashlight on top of his helmet; the

        17       flashlight has melted.

        18                  This is the kind of heat and the

        19       confusion and the darkness and the

        20       claustrophobia and the fear and the

        21       adrenaline.  And now you've got to go look for

        22       bodies and you've got to try to pull people

        23       out.  It is an extraordinary experience.

        24                  I urge all of my colleagues, if you

        25       have a chance, go to your local fire


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         1       department and see when they're going to do

         2       this.  I'm telling you, it is an amazing

         3       experience.  And to think that in places where

         4       they have volunteer fire departments, they do

         5       this for free.  Unbelievable that they would

         6       do this.

         7                  But that's the kind of protection

         8       that they provide, it's the kind of experience

         9       that they have.  And every time they do

        10       that -- you know, we talk so much about the

        11       word "bravery."  But when you think about

        12       doing that to save your neighbor, there is no

        13       better definition.

        14                  Thank you, Mr. President.

        15                  ACTING PRESIDENT ROBACH:    Senator

        16       Seward, on the resolution.

        17                  SENATOR SEWARD:    Thank you,

        18       Mr. President.

        19                  I rise as the chair of our task

        20       force that we have on volunteer emergency

        21       services.  And following up on what my

        22       colleague -- our leader, Senator Bruno, and

        23       Senator Balboni have said, I think it's very,

        24       very appropriate that we pause this day to

        25       honor the men and women who selflessly give of


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         1       themselves day in and day out, night in and

         2       night out, to protect property and people in

         3       the State of New York.

         4                  Our volunteer firefighters,

         5       ambulance workers, other emergency service

         6       personnel provide such an invaluable service

         7       to the residents of our state.

         8                  I know Senator Bruno outlined some

         9       personal experiences he's had in emergency

        10       situations he's observed, Senator Balboni

        11       talking about a personal visit to a firehouse.

        12       I think we collectively, as New Yorkers and as

        13       Americans, we all saw on September 11, 2001,

        14       when the World Trade Center was under attack,

        15       that no question we witnessed that day the

        16       immense dedication, commitment and sacrifice

        17       that our first responders make every time the

        18       pager goes off or that whistle blows.  They

        19       never know what they're getting into.

        20                  And we saw, of course, on

        21       September 11, 2001, such a catastrophic event,

        22       but yet our first responders were there and

        23       far too many of them lost their lives.  But in

        24       so doing, that was, I think, one of the

        25       largest evacuation efforts in history.  And


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         1       many more thousands of lives could have been

         2       lost that terrible day if it was not for the

         3       bravery of our first responders.

         4                  And if there's any good that has

         5       come out of that terrible day, I think it's

         6       been a renewed appreciation for the

         7       dedication, commitment and sometimes the real

         8       sacrifice of our first responders.

         9                  So we pause today to pay homage to

        10       the 110,000 paid and volunteer first

        11       responders, our firefighters in particular,

        12       throughout the state who are on call 24 hours

        13       a day, seven days a week.

        14                  If you want to put it in dollars

        15       and cents, it's very tough to quantify.  We

        16       estimate that volunteers save our state and

        17       local communities no less than $2.9 billion.

        18       That's just in salaries and benefits alone.

        19       That's a tremendous contribution to this state

        20       and local governments.

        21                  And I was so pleased in our budget

        22       that we passed this year we included an income

        23       tax credit for volunteers in that budget,

        24       $200.  It's not a huge amount of money, but it

        25       is some recognition in a tangible way of the


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         1       outstanding service that we're recognizing

         2       here today.

         3                  And I think we as a Senate are

         4       going to continue to provide the necessary

         5       tools that will continue to assist our

         6       volunteers in carrying out their important

         7       work.

         8                  So I think it's very appropriate

         9       that we pause this day to honor these heroic

        10       men and women that do so much to protect

        11       people and protect property throughout the

        12       communities in New York State.

        13                  Congratulations, and thank you for

        14       all you do.

        15                  ACTING PRESIDENT ROBACH:    Thank

        16       you, Senator Seward.

        17                  Senator Rath.

        18                  SENATOR RATH:    Thank you,

        19       Mr. President.  I would like to add my

        20       congratulations to the volunteer firefighters

        21       of New York State.

        22                  A little bit of sentimentality, if

        23       you would allow me.  My late husband's

        24       grandfather and great-grandfather were both

        25       battalion chiefs in the city of Buffalo.  My


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         1       father-in-law, who was at one time county

         2       executive, always had the coat, helmet and

         3       boots and gloves in the trunk, and the fire

         4       band was always on his radio.  And he was at

         5       every fire of any consequence at all in Erie

         6       County for his many, many years of public

         7       service, even before he was county executive.

         8                  Senator Bruno spoke very, very

         9       eloquently of some circumstances in his

        10       district when the emergency responders turned

        11       out almost instantly for a very, very dramatic

        12       and serious automobile accident, and how

        13       quickly things were put to rights and the

        14       people were saved, and a pregnant woman

        15       managed to deliver a very healthy child as a

        16       result of quick action.

        17                  I had a circumstance in my district

        18       a few years ago.  I represent Western

        19       New York, as I said, and the city of Batavia,

        20       town of Batavia had a very serious train

        21       derailment out in farmland.  Companies from

        22       everywhere showed up and came and stayed.  It

        23       was a magnificent display of what people can

        24       do when they were interoperable in responding

        25       to a disaster.


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         1                  So thank you for what you do today.

         2       Thank you for what you've done in the past,

         3       what you will do in the future.

         4                  And I would just like to note that

         5       two nights ago, it was the 150th anniversary

         6       of a very proud fire company in my district,

         7       Hutchinson Hose.  The history of

         8       Williamsville, New York, is the history of

         9       Hutchinson Hose Company.  It was wonderful to

        10       hear what they have done over the past

        11       150 years and what we hope and plan and I know

        12       they expect to do for the next 150.

        13                  Thank you all for your service to

        14       the State of New York and the people of the

        15       State of New York.

        16                  ACTING PRESIDENT ROBACH:    Senator

        17       Alesi.

        18                  SENATOR ALESI:    Thank you,

        19       Mr. President.

        20                  Like many of us, I'm sure that we

        21       all are related to or know or have personally

        22       experienced what it's like to grow up in a

        23       volunteer firefighter family, and I'm no

        24       exception.  I'm very fond of referring to

        25       myself as a firefighter brat.


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         1                  And for those of our guests that

         2       are in the gallery, I had the pleasure of

         3       joining many of them last year at their annual

         4       convention, recognizing some of the heroes

         5       that they themselves recognized at that

         6       convention.

         7                  And growing up in a little village,

         8       I was five doors down from the local fire

         9       department, which also housed the ambulance

        10       corps and the police department.  And in those

        11       days, they didn't have pagers or radios, they

        12       just had a very loud, ugly-sounding whistle.

        13       But it worked very well to get the local men

        14       in our village to race down the street from

        15       wherever they were, whatever they were doing.

        16       Whether they worked in the dairy or whether

        17       they worked in the bank or the laundry,

        18       wherever they worked, they dropped everything,

        19       with complete, 100 percent community support.

        20                  And I remember racing down the

        21       street many times with my dad, waiting for my

        22       uncle, who lived a few doors down from us, to

        23       catch up too, and watching those, at that

        24       time, heroes get on the trucks and drive to

        25       wherever the fire was.  And I never realized


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         1       as a young kid what it was that they were

         2       providing in terms of a service to our

         3       community.

         4                  And we look back now, and of course

         5       we talk about how valuable that service is

         6       because it's so hard to find volunteers.  It's

         7       very hard for people to leave their jobs.

         8       It's very hard for them to just pick up and

         9       run.  It's very hard for them to take the time

        10       for the training that's involved, because so

        11       much more is involved.  And yet they continue

        12       to do it.

        13                  And our communities really need to

        14       understand that if they weren't doing it, yes,

        15       it would be costly to us in terms of dollars,

        16       but it would be more costly to us in terms of

        17       property lost and, even more important, lives

        18       endangered.

        19                  I'm very proud to have been the

        20       original sponsor of the tuition bill for our

        21       volunteer firefighters, and to join my

        22       colleagues here in the Senate in providing a

        23       tax credit for them.  It's just our way of

        24       saying that we do recognize how valuable your

        25       service is.


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         1                  And we also recognize that when

         2       you're out there, your families and the places

         3       where you work are supporting your efforts,

         4       and we appreciate that support as well.

         5                  And we also know, and we're

         6       reminded every now and then, sadly so, that

         7       when you're out there doing this and asking

         8       absolutely nothing in return, that you're

         9       putting your lives on the line.  And we are

        10       now and then reminded of that in the saddest

        11       of ways.

        12                  You are all heroes, every one of

        13       you.  And when your day is a day when that

        14       whistle blows or the radio goes off or the

        15       pager sounds, you and your family are there

        16       for us.  And we need to remember that for you

        17       on a daily basis, not just today.

        18                  Mr. President, I'm honored to be a

        19       child of a volunteer firefighter family, and

        20       I'm honored to be in the presence of these

        21       people today.

        22                  ACTING PRESIDENT ROBACH:    Senator

        23       Krueger.

        24                  SENATOR LIZ KRUEGER:    Thank you.

        25                  So we have more in common than we


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         1       all thought.  I am very honored to be the wife

         2       of an auxiliary firefighter of the FDNY.  My

         3       husband has been a volunteer with the FDNY for

         4       30 years.  And Engine Company 44, just having

         5       had its 125th anniversary, is basically my

         6       family's second home.

         7                  And on September 11th, when I was

         8       trying to figure out where I would go, I knew

         9       where my husband would be.  He would have gone

        10       to the firehouse and gone with his company

        11       down to Lower Manhattan, which is exactly

        12       where he was and what he did.

        13                  And he is a brat, I suppose, also;

        14       his father was the chief medical officer for

        15       the FDNY, and he is now an honorary chief.

        16       And he is a true believer in what the

        17       gentlemen and women standing behind me, who I

        18       can't see right now, are throughout the State

        19       of New York.  They respond, they save lives.

        20       And as is often said by firefighters, when

        21       other people are running out of the buildings,

        22       they are running in.

        23                  And so I see that every day in my

        24       own community from the firefighters that I

        25       know, both professionals and auxiliaries and


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         1       volunteers in the Fire Department of New York

         2       City.

         3                  And I have to tell you that I'm not

         4       sure we could imagine a society where we

         5       didn't have people who had such a strong sense

         6       of community and interdependence and the

         7       recognition that the definition of our society

         8       and the greatness of our country is our

         9       willingness to risk for each other.

        10                  So congratulations, and thank you

        11       for the work you do.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT ROBACH:    Senator

        14       Little.

        15                  SENATOR LITTLE:    Thank you.

        16                  I too would like to add my

        17       congratulations and my thanks to our dedicated

        18       volunteers in our fire services and emergency

        19       services.

        20                  And we're joined today by one of

        21       our most dedicated volunteers from the

        22       Lake George area, Bob McKinney, former chief,

        23       certainly a person who has spent a great deal

        24       of his life advocating for volunteer firemen

        25       and emergency services.


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         1                  In my area we have had several

         2       instances recently where volunteer firemen

         3       went above and beyond and did things other

         4       than the normal fighting the fire.  When we

         5       had the Northway washed out and several roads

         6       washed out in a rainstorm, it was the

         7       volunteer firemen who redirected traffic and

         8       looked at the closed-off roads.

         9                  When the dam burst in Fort Ann, it

        10       was the volunteer firemen that went door to

        11       door telling people that the dam had burst and

        12       they needed to evacuate their homes.

        13                  We had a power outage recently this

        14       winter, with temperatures below zero.  It was

        15       the volunteer firemen, over a three-day

        16       period, who went from home to home hooking up

        17       generators, firing up the furnaces to warm up

        18       those homes.

        19                  And then most recently -- I was

        20       with Bob the following day -- we had a big

        21       fire in Lake George where five businesses were

        22       burned down.

        23                  So these men and women truly go

        24       above and beyond the call of duty and serve

        25       our communities.  And as chairman of the Local


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         1       Government Committee, I don't know what the

         2       many, many towns, villages and communities in

         3       New York State would do without your services.

         4       So thank you and your colleagues very, very

         5       much.

         6                  ACTING PRESIDENT ROBACH:    Senator

         7       Winner.

         8                  SENATOR WINNER:    Thank you,

         9       Mr. President.

        10                  I too would like to rise to honor

        11       the emergency first responders and the

        12       volunteer firefighters that are here today.

        13       It is really a tribute to the State of

        14       New York that we have such tremendous

        15       volunteer efforts.

        16                  You know, as a representative of

        17       the 53rd Senate District, which is a rural

        18       area, I certainly recognize the valuable

        19       contributions that you make.  And also as

        20       Chairman of the Legislative Commission on

        21       Rural Resources, we're constantly reminded in

        22       that function of all of the tremendous

        23       contributions that volunteer firefighters and

        24       first responders and emergency medical

        25       technicians provide for the state.


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         1                  Senator Seward indicated the

         2       financial impact, which is certainly only one

         3       aspect of it, but a very, very important

         4       aspect.  But the overall responsibility that

         5       you have to protect these communities is

         6       absolutely very, very inspiring.

         7                  And certainly in many of these

         8       rural areas the whole community's social

         9       fabric is built around the operations of the

        10       volunteer fire operations.  And certainly in

        11       rural areas such as I represent, nothing can

        12       be more important than making sure that those

        13       assets and resources are there.

        14                  You know, there was a troubling

        15       report that came out recently from the

        16       Association of Towns indicating that there is

        17       a tremendous decline in the ranks of volunteer

        18       firefighters and volunteer emergency medical

        19       technicians.  And certainly the reason for

        20       that is -- there are a number of reasons.

        21       But, you know, the amount of pressure and

        22       training requirements and overall time

        23       constraints is very, very difficult these

        24       days.

        25                  And I know that it's important for


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         1       us not only to maintain your ranks but to come

         2       up with ways and solutions that we can to

         3       increase them, because of the tremendous

         4       contribution that you make to the communities.

         5                  And while the effort that we

         6       undertook this year with regard to the $200

         7       income tax credit was an important effort,

         8       there is more that needs to be done and more

         9       incentives that need to be offered, whether it

        10       be real property tax relief, whether it be

        11       access to public health insurance plans or

        12       other types of measures that will provide for

        13       incentives to improve your ranks.

        14                  Those are things I think that we

        15       need to look at in this Legislature, and I am

        16       the sponsor of one of those members.  But, you

        17       know, we need to get together on a bipartisan

        18       basis to make sure that those efforts are a

        19       reality so that we can improve your ranks and

        20       improve the services that you'll be able to

        21       provide to our communities.

        22                  So I congratulate you on this

        23       resolution today, thank Senator Bruno for

        24       advancing it, and look forward to working with

        25       your organizations to try to improve your


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         1       ranks, improve the ability to provide for

         2       services and training to you to make you do

         3       your jobs -- help you do your jobs better,

         4       and, overall, thank you for everything that

         5       you do.

         6                  ACTING PRESIDENT ROBACH:    Thank

         7       you, Senator Winner.

         8                  Senator LaValle.

         9                  SENATOR LaVALLE:    Thank you,

        10       Mr. President.

        11                  I am so pleased to join Senator

        12       Bruno and my other colleagues to really say a

        13       thank you, thank you to the volunteer service,

        14       the EMS personnel for their special dedication

        15       and their strong desire to help save life and

        16       property at their own expense.

        17                  Volunteerism is just a wonderful

        18       thing in this country, and sometimes we don't

        19       appreciate it.  Senator Seward talked about

        20       and I was going to mention the billions of

        21       dollars each year that are saved to the

        22       citizens of our state.

        23                  But what they do is so appreciated

        24       in their communities.  And everyone is telling

        25       stories, and I would like to just remind


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         1       everyone of the Pine Barrens fires that not

         2       only called into play every volunteer

         3       department on Long Island, but many, many of

         4       the departments throughout the entire state

         5       and in other parts of the country came and

         6       assisted in a fire that lasted for days upon

         7       days.  Not one life was lost, and it was just

         8       absolutely incredible the property and the

         9       houses that were saved.  You could see the

        10       fire line coming right up to a condo

        11       development, and they were able to save an

        12       entire development.

        13                  The fire was so intense -- Senator

        14       Balboni talked about the intensity of a fire.

        15       For those who have been out to Eastern Long

        16       Island and the Sunrise Highway, or 27, to have

        17       a fire arc over four lanes of highway is just

        18       an incredible thing.

        19                  So just from my district, I say

        20       thank you and thank you for the service that

        21       you give.  And I am so hopeful that we will be

        22       able to meet the demands through more young

        23       people joining the junior volunteer fire

        24       service and having generation upon generation.

        25                  So many members got up -- Senator


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         1       Rath talked about the Rath family having at

         2       least three generations of service.  As I

         3       travel to the departments, I find so many

         4       members having father, son, grandson having

         5       participated in a department.

         6                  So we say, as a body, thank you

         7       very much.

         8                  ACTING PRESIDENT ROBACH:    Senator

         9       Bonacic.

        10                  SENATOR BONACIC:    Thank you.

        11                  I'm humbled by our heroes visiting

        12       us today.  Every Senator could get up and tell

        13       of an experience in their district where our

        14       heroes showed courage in saving property and

        15       lives.

        16                  Three weeks ago we had a

        17       19-year-old woman firefighter save

        18       approximately 50 lives in Sullivan County,

        19       alerting people at the Villa Roma, which was a

        20       resort where many people were staying, to get

        21       them out.  And I could talk of twenty more

        22       stories.

        23                  But what I want to use this

        24       opportunity for is to talk to my colleagues

        25       about the problems these heroes are facing --


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         1       recruitment, retention -- and what we can do

         2       to help them in this area and prepare the next

         3       generation.

         4                  We do things in turtle steps.  We

         5       help with property tax exemption.  We did a

         6       voluntary tax credit in a bipartisan way.  And

         7       all these things are good.  But these are a

         8       group of individuals that have to raise a

         9       family, have to hold a job, and maybe two

        10       spouses in the family are working.  And when

        11       they come home, if the whistle goes off, they

        12       leave for their second job, where there is

        13       absolutely no financial compensation.  These

        14       are acts of love, unconditional commitment and

        15       sacrifice to neighbors and strangers.  And

        16       they ask nothing in return.

        17                  But some of the things we can do.

        18       We can boost the revolving loan fund, help

        19       them with zero percent financing when they

        20       have to buy fire trucks or build firehouses.

        21       We can help them with affordable health

        22       insurance, which they need desperately and

        23       which they've been working on for the past

        24       12 months with the Governor's office, so

        25       there's adequate health insurance for their


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         1       families.  These kinds of incentives will help

         2       bring younger people into the ranks of

         3       firematics.

         4                  So I thank our heroes, and I am

         5       sure that every Senator in these chambers

         6       identifies and appreciates everything that you

         7       do.  You are simply the best.  And we hope you

         8       keep on doing it for the rest of your lives,

         9       and the next generation.

        10                  Thank you very much.

        11                  ACTING PRESIDENT ROBACH:    Senator

        12       Larkin.

        13                  SENATOR LARKIN:    Thank you,

        14       Mr. President.

        15                  You know, to the men up in the

        16       balcony, Senator Bruno said it all, really.

        17       But you know, when you start to think about

        18       how much you educate us -- many of us here

        19       have already spoken, have said things about

        20       the firematics and what they do.  But you

        21       know, the education you provide for us.

        22                  My first term in politics was as

        23       town supervisor.  And the chief came to me and

        24       said, "Let me sit down and talk to you.  Here

        25       are our problems.  They're your problems,


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         1       Supervisor."  And then he said, "How much have

         2       we advanced in coordinating our senior

         3       citizens?"  We had a big senior citizen

         4       population.

         5                  And then we got together between

         6       the fire department, Office of the Aging, and

         7       the post office, and the fire department put a

         8       little red sticker in every mailbox of a

         9       senior.  And they would have people

        10       volunteering in our town, seven fire units, to

        11       go around and watch the mail.  If it seemed to

        12       be piling up, someone would make some

        13       arrangements with the chief of police so we

        14       could get in and make sure that somebody in

        15       there didn't die, was crippled and couldn't

        16       get out.  We saved at least three or four

        17       lives in the two years that I was there.

        18                  But the thing that was important

        19       was this put an additional burden on the fire

        20       members.  They didn't care, because, number

        21       one, they were taking care of their fellow

        22       citizens.

        23                  And, you know, sometimes we talk

        24       about how much it costs to run a department.

        25       You all know that you have multiple areas in


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         1       your districts.  How much does it cost?  We

         2       couldn't pay you.  There is no way we could

         3       compensate you for what you do.  A lot of

         4       people just say, Well, they do -- they put out

         5       fires.

         6                  They take care of people.  They

         7       assist people.  They work with the young

         8       people.  They teach young people about the

         9       problems of starting a fire, how to be

        10       productive as young people, how to come in and

        11       be a joint venture, get our juniors, 15 years

        12       of age, into the corps.

        13                  And you're always doing something

        14       that promotes the public safety and health.

        15       How would you like to put around here a new

        16       insurance policy with no firemen?  Everybody

        17       would be moving to the town that still had

        18       them.

        19                  You are a godsend.  You're special.

        20       You're special because you made a commitment,

        21       and that commitment is to the public safety of

        22       the units that you have protecting the lives

        23       and property of people.  You're the heroes of

        24       not just today, but of yesterday and tomorrow.

        25       And with your blessing and help, we'll be able


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         1       to recruit new people to carry on the

         2       dedication that you have shown for so many,

         3       many years.

         4                  Thank you, and God bless you all.

         5                  ACTING PRESIDENT ROBACH:    Senator

         6       Meier.

         7                  SENATOR MEIER:    Thank you,

         8       Mr. President.

         9                  There's a book that many of us were

        10       required to read in high school and in college

        11       called "Democracy in America," written by a

        12       Frenchman named Alexis de Tocqueville in 1836.

        13       The most famous line in the book is "America

        14       is great because America is good."

        15                  And what did he mean by that?  In

        16       1836 we weren't a big industrial power, we

        17       weren't a big military power.  What he was

        18       talking about, he observed that in America,

        19       unlike the old countries in Europe that he was

        20       used to, Americans didn't sit around waiting

        21       for a prince or a ruler to tell them to do

        22       things, that Americans volunteered to help

        23       each other out, to meet needs in their

        24       communities.

        25                  And today, in 2006, nobody


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         1       exemplifies that better than the men and women

         2       of the volunteer fire service.  And I'm proud

         3       that in the gallery tonight are two leaders of

         4       the fire service in my community, two friends

         5       of mine, Dave Jacobowitz and Brian McQueen.

         6                  And just as a public official and

         7       as a resident of a community that's serviced

         8       by a volunteer fire department, you get an

         9       opportunity to observe what they do, not just

        10       the calls to the fire scenes or to the

        11       accident scenes.

        12                  In 1998, an enormous ice storm hit

        13       the northern part of my Senate district, and

        14       parts of my Senate district were deprived of

        15       electricity for several weeks.  Think about

        16       that:  several weeks at a time.  The volunteer

        17       fire departments in those small North Country

        18       communities became the literal lifeblood of

        19       those communities.  It became the command

        20       post, it became the place from which people

        21       were dispatched to help those who were elderly

        22       and sick and alone.

        23                  And I'm mindful of something else

        24       when you think about the character of these

        25       gentlemen and the kind of spirit that this


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         1       brotherhood engenders.  On February 27th, in

         2       the town of New Hartford in my Senate

         3       district, a young police officer named Joseph

         4       Corr was shot and killed in the course of

         5       trying to apprehend a robber.

         6                  Now, you would think that a young

         7       man with a wife and a baby at home would think

         8       that he was doing enough for his community by

         9       going out every day in his professional life

        10       and putting his life on the line as a police

        11       officer.  But that wasn't Joe Corr, and that

        12       wasn't so many other people like him.  Joe

        13       Corr was also a volunteer firefighter.  Can

        14       you imagine it?  This young man felt that his

        15       service to his community required even more of

        16       it.

        17                  And this is the kind of character,

        18       this is the kind of dedication, this is the

        19       kind of integrity that you find in the men and

        20       women who join the volunteer fire service.

        21                  And, Senator Bonacic, I think you

        22       hit the nail on the head.  This is an

        23       opportunity, this resolution today, not just

        24       to say thank you but to talk to you and to

        25       recommit ourselves to our responsibility to


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         1       you, to see to it that resources are dedicated

         2       that equip you, that train you, that provide

         3       you the tools to do better recruitment and

         4       retention.  America is great because it's

         5       good, and you exemplify the best of the reason

         6       why we're good.

         7                  Congratulations, and God bless.

         8                  ACTING PRESIDENT ROBACH:    Senator

         9       Morahan.

        10                  SENATOR MORAHAN:    Thank you,

        11       Mr. President.  I too rise in support of this

        12       resolution.

        13                  It is very difficult, having heard

        14       all of my colleagues speak to this resolution,

        15       to come up with something new or something

        16       different.  Therefore, I will not try to do

        17       that.

        18                  I stand to honor our firefighters,

        19       our volunteers across this great state and to

        20       recognize, as Senator Meier says, they

        21       represent the good of this country.  They

        22       represent, going back to the earliest times in

        23       our history, of people in the community

        24       fending for themselves, coming together as a

        25       community to look after and protect each of us


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         1       and each of their friends and neighbors.

         2                  Yes, we owe a host of things and

         3       benefits and incentives to these men and women

         4       on the front line of our defense right here at

         5       home, and there is just no way we could ever

         6       compensate them for what they do.  And

         7       furthermore, they're not in it for

         8       compensation.  They're not in it for benefits.

         9                  The meager things that we do for

        10       our volunteers in providing equipment,

        11       providing incentives is merely a very humble

        12       way of saying thank you, recognizing you not

        13       for what you do but for who you are, for you

        14       who will stand up and rise to the occasion,

        15       selflessly, to defend the property and protect

        16       the lives of your neighbors and friends.

        17                  Volunteerism really is the backbone

        18       of this nation.  It is what built this

        19       country.  It is what made us strong, which

        20       made us the country we are.  And our volunteer

        21       firefighters and EMTs and many of our other

        22       volunteer services, auxiliary police,

        23       exemplify just that, that these are people,

        24       notwithstanding of their own needs, who will

        25       respond in the middle of the night, in the


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         1       middle of the winter, anytime they're needed

         2       for their neighbors.

         3                  And we must recognize too the

         4       families that stand behind all of these

         5       wonderful volunteers, those who worry and fret

         6       while you're out answering the call, those

         7       hoping and praying that you come back safe and

         8       stay out of harm's way.

         9                  But you rush into fiery situations,

        10       you rush into areas of danger without worrying

        11       about your own lives, so to speak.  But you

        12       have our heartfelt thanks and the thanks of

        13       all New Yorkers for what you do.  And for all

        14       volunteer firemen and volunteers across this

        15       country, we say thank you today.

        16                  And we do have legislative programs

        17       here because many of our young volunteers

        18       can't afford to live in the suburban and rural

        19       counties where they're so needed, and it's

        20       that that worries us.  What can we do?  The

        21       high cost of living in suburbia drives our

        22       young people out.  The next generation of

        23       firefighters must move on and leave us

        24       unprotected.  I think we need to encourage

        25       volunteers, young people to come in, but we


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         1       have to allow them to live in the community.

         2       You can't respond to a fire if you live

         3       50 miles away.

         4                  So those things that we try to do

         5       with tax credits that we've passed in some

         6       counties, and we have statewide legislation

         7       that will give property tax relief to help

         8       costs of housing and to build, as we try to do

         9       in Rockland and some parts of Orange County,

        10       affordable housing for young volunteers and

        11       their families so they can stay in the

        12       community.

        13                  We salute you.  We honor you.  And

        14       we thank you.

        15                  Thank you, Mr. President.

        16                  ACTING PRESIDENT ROBACH:    Senator

        17       Oppenheimer.

        18                  SENATOR OPPENHEIMER:    Well, as

        19       the ex-mayor of a community that was a hundred

        20       percent volunteer firefighters, Mamaroneck --

        21       actually, the only all-volunteer community

        22       underneath the Cross-Westchester Expressway.

        23       And so I can tell hundreds of stories,

        24       including when my own house was on fire and

        25       how wonderful the response was and the many


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         1       things that we did together.

         2                  Some exciting things, like a -- I

         3       forget the name of it.  It's a camera, and you

         4       can go into a totally smoke-filled, blackened

         5       basement, and the camera will show you in

         6       white where the bodies are, where furniture --

         7       where everything is.  Because when they enter

         8       this kind of a setting, they can't see if it's

         9       dark and smoke-filled.

        10                  But with this particular -- they'll

        11       know the name of the camera; I can't think of

        12       it -- they're able to see and take out the

        13       bodies and very often be able to get them out

        14       before they get too much smoke in their lungs

        15       and expire.

        16                  And we did dive equipment together,

        17       because my village is on the water, Long

        18       Island Sound.  There are just so many

        19       wonderful stories that I could tell, but the

        20       time is getting late.

        21                  I was just trying to focus in on

        22       what things we might do and what could be done

        23       at the local level that would be more

        24       beneficial in, you know, perhaps enticing

        25       volunteers to come in.


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         1                  Now, in my community we have

         2       families that have been at this for three and

         3       four generations, so we're in pretty good

         4       shape in my community.  But one thing that we

         5       did, and I was doing it already 30 years

         6       ago -- and this might be a possible small

         7       answer -- is if we had two people who were

         8       sort of equally qualified for Department of

         9       Public Works or for recreation or for one of

        10       our many positions in our government -- we

        11       were a village of 20,000 people -- if they had

        12       equal qualifications, we always would take the

        13       volunteer fireman, because he was right in

        14       town.  He was able to work right where he

        15       would do his volunteer activities.

        16                  So, I mean, it's a small

        17       recommendation but something that perhaps

        18       could be considered by your communities.  It

        19       certainly has been very beneficial for my

        20       community.  And we have a very, very high

        21       insurance rating because of the quality of our

        22       department.  And I have always been so

        23       thankful that they are there, because they

        24       saved my house and they saved my village a

        25       bunch of money.  But, more important, they're


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         1       just really good people who are interested in

         2       their communities and in helping people.

         3                  And I could never thank you enough

         4       and still can't.

         5                  ACTING PRESIDENT ROBACH:    Senator

         6       Stachowski.

         7                  SENATOR STACHOWSKI:    Mr.

         8       President, I too rise to comment, briefly,

         9       because I think I might be last, if I'm not

        10       mistaken.  Or maybe there's one or two more.

        11                  ACTING PRESIDENT ROBACH:    A few

        12       more.

        13                  SENATOR STACHOWSKI:    I just would

        14       like to also thank the volunteer firemen for

        15       all they do, and just give you a couple of

        16       examples of how they do a little bit extra

        17       when you ask them.

        18                  In my community we had a situation

        19       where nobody was patrolling some of the

        20       waterfront area in the Lake Erie shore,

        21       Hamburg area, way back in the '80s.  And

        22       volunteer firemen came and asked for a boat,

        23       and so we got them a boat to do the

        24       patrolling.  And it was run strictly by the

        25       volunteers.


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         1                  Then we got to find out that there

         2       were a bunch of volunteer companies that were

         3       all doing similar things.  And they all had

         4       different equipment, but they wanted to be

         5       helpful.  So we started this thing called the

         6       Alert Team, which has been in existence since

         7       the middle '80s.  It's an organization made up

         8       of not only volunteer firemen but also paid

         9       police, paid fire.  It's one of the few

        10       organizations that combines all kinds of

        11       jurisdictions.

        12                  And it works wonderfully.  It's

        13       obviously still successful, it's still in

        14       existence.  And it all started with a sincere

        15       effort by volunteer firemen, as if they didn't

        16       have enough to do with just the fire and EMT

        17       situations and the other things that come

        18       across their everyday life as volunteer

        19       firemen.

        20                  Then we had a regulation put out by

        21       the federal government where everybody had to

        22       have some kind of hazardous material plan.

        23       And for all these little towns, it would have

        24       been prohibitively expensive to have their own

        25       hazmat team.  So in my area we got together


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         1       with the volunteer firemen and we started what

         2       was then called, and still is, the South Towns

         3       Hazmat Team.

         4                  And now all these volunteer firemen

         5       that take all these courses regularly had

         6       various members that volunteered to join this

         7       hazmat team, and they all took all the

         8       hazardous materials courses that keep changing

         9       and evolving.  And they continue to do that.

        10       And they've been called out on numerous

        11       occasions.  And that thing's been in existence

        12       for twenty-some years also.

        13                  So those are just ways where it's

        14       interesting -- because everybody says, you

        15       know, volunteer firemen, they fight fires.

        16       But they do all kinds of things to help our

        17       communities.  In these two efforts, they saved

        18       all the communities money, they obviously have

        19       saved lives, and it was regionalism before it

        20       was a popular phrase.  And it was kind of

        21       interesting, because here the volunteer

        22       firemen were actually the resource used to

        23       save all these different levels of government

        24       money.

        25                  And so that I agree with my members


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         1       on the other side, colleagues, that said we

         2       should always be looking for ways we can help

         3       them make their job easier and make it easier

         4       for them to recruit members and keep members

         5       and continue to be in existence so that they

         6       can help our communities, not only in the ways

         7       we all think of them, but in other ways, like

         8       the two I just mentioned.

         9                  And for that, I'll always be

        10       thankful, and I thank them every day for all

        11       the good work they do in our various

        12       districts.

        13                  ACTING PRESIDENT ROBACH:    Senator

        14       Young.

        15                  SENATOR YOUNG:    Thank you,

        16       Mr. President.

        17                  I want to join my colleagues in

        18       raising my voice in congratulating and

        19       thanking, giving our deepest gratitude to the

        20       volunteers from across New York State.

        21                  And as I look up in the gallery, I

        22       see so many familiar faces.  And I wish to

        23       personally thank each and every one of you for

        24       your advocacy, for your communication.  I

        25       can't think of more effective representatives


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         1       who come to Albany and tell us what is needed.

         2                  I especially want to point out that

         3       a constituent from my area, Tom Mooney, is

         4       here from Allegany County -- there's Tom --

         5       and also Pete Casey, who is known across

         6       Western New York -- there's Pete -- because

         7       you do such an excellent job.

         8                  I was at two fire dinners over this

         9       past weekend, Dunkirk and Fredonia.  And it's

        10       amazing to me, when you talk to people from

        11       those fire districts, the service that they

        12       have given, because it's very common to talk

        13       with volunteers who have devoted 20 years,

        14       30 years, 40 years, 50 years, and sometimes

        15       more than 60 years to being volunteers.  It's

        16       really incredible when you think about it.

        17                  A lot of members have talked about

        18       the fact that they can come up with story

        19       after story in their districts about acts of

        20       valor, everyday valor that our volunteers

        21       give.  And I can do that too.  But I also can

        22       speak to the fact that my family was

        23       personally helped by volunteer firefighters.

        24                  A memory that's seared into my mind

        25       is the fact that when I was 14 years old,


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         1       arsonists burned down my family's livelihood,

         2       our barns.  It was August, the barns were full

         3       of hay.  The firefighters here know what that

         4       means.  And the firefighters were there

         5       immediately, and every single company in the

         6       entire county responded.

         7                  My father lost his business that

         8       night, but the firefighters battled that blaze

         9       for three solid days.  And we were afraid that

        10       our house would burn to the ground also; it

        11       was a 150-year-old structure.  But because of

        12       the efforts of the firefighters, they saved

        13       our house and they also saved lives.

        14                  And that's really what it's all

        15       about.  Because I know FASNY did a study a

        16       couple of years ago, they did estimate I think

        17       it was about $8.5 billion would be the cost if

        18       New York State provided all the volunteer

        19       services across the state.  And that's true.

        20       And so you can quantify the services from that

        21       financial aspect.

        22                  But you cannot put a price tag on

        23       the value of what you mean to the communities.

        24       Because when you go out and you save a father

        25       of four who's had a heart attack by getting


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         1       him to the hospital in time, when you go out

         2       and rescue the van that actually hit a tree,

         3       and those family members, when you go out and

         4       save a business from burning to the ground or

         5       you go out and save people from a house fire,

         6       you cannot put a value on that.

         7                  And so what you do, the lives that

         8       you touch day in and day out throughout this

         9       state, grows exponentially.  So I want to echo

        10       the viewpoints of my colleagues, just extend

        11       our deepest admiration and our gratitude to

        12       those you represent from New York State.  We

        13       just thank you from the bottoms of our hearts.

        14                  ACTING PRESIDENT ROBACH:    Senator

        15       Nozzolio.

        16                  SENATOR NOZZOLIO:    Thank you,

        17       Mr. President.  On the resolution.

        18                  I rise to lend my name and voice in

        19       support of this resolution in a small way to

        20       honor the great sacrifices and contributions

        21       of our brave men and women who have answered

        22       the call time and time again, when that call

        23       arose, as members of volunteer fire

        24       departments across our state.

        25                  Each weekend I spend time with


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         1       volunteer firemen from various corners of my

         2       district.  Last week I was in Red Creek, the

         3       week before in Romulus.  Whether it's West

         4       Webster or Victor or Fairville, each and every

         5       one of the firefighters provide me a unique

         6       perspective.

         7                  And my own home is covered by

         8       volunteers and protected by volunteers for the

         9       Canoga Fire Department.  Just down the road,

        10       the town of Fayette, the Fayette Fire

        11       Department, my father-in-law was chief there

        12       for over 35 years.

        13                  And it's that fabric of great

        14       volunteerism the spirit that makes America

        15       what it is today.  And if any good could have

        16       been derived from the horrific occurrences

        17       that the great attack against us on

        18       September 11, 2001 -- if there was any good

        19       that could have come from that attack, I think

        20       it's a growing recognition that the true

        21       heroes in the United States of America today

        22       are not the actors and celebrities, are not

        23       the athletes, are not those who are held up by

        24       the media as media icons.  It's those who lay

        25       their lives on the line.


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         1                  And the true heroes of our state

         2       and nation are those who answer the call each

         3       and every day to do, on behalf of their

         4       neighbors who need support, when the brave

         5       consequences of their actions could result in

         6       injury or even worse.  The firefighters are

         7       the true American heroes in our nation.  If

         8       9/11 brought us anything, it was that

         9       recognition.

        10                  So I rise and thank the Fire

        11       Association, thank my good friend who has been

        12       stalwart in helping educate the Legislature as

        13       long-time legislative director -- I know he

        14       was here earlier -- Bill Schlegel, from West

        15       Webster, but who acts on behalf of all the

        16       firemen across this state in educating the

        17       legislators about items that we should pursue

        18       in making this state a better place for the

        19       volunteer services.

        20                  Mr. President, I humbly support

        21       this resolution and humbly thank the true

        22       heroes of our state, our firefighters.

        23                  ACTING PRESIDENT ROBACH:    Thank

        24       you.

        25                  Senator Marchi.


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         1                  SENATOR MARCHI:    Mr. President,

         2       I -- as so many of you have participated

         3       before your membership here in the Senate of

         4       this state, circumstances which commended

         5       themselves to you in prior living.  And many

         6       of us -- there are people here who have four

         7       years of World War II and numerous experiences

         8       since then.

         9                  And I meet so many people here with

        10       personal experience with witnessing and

        11       responding to what these noble people have

        12       made manifest to all of us.  And here I am

        13       now, some 55 years later, here, coming back --

        14       I don't think I'll be back many more after

        15       this year.  But the spirit is well and alive.

        16       People do care.

        17                  And here are representatives of the

        18       people who discuss a number of issues on both

        19       sides, the many sides that beset our society.

        20       And they're getting up with great rectitude

        21       and admirable love of people.  I think what

        22       we're all trying to say is that we do love our

        23       neighbor.  We go back to the Old Testament,

        24       love of God and love of neighbor as ourselves.

        25                  And this is manifest in this body.


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         1       Which means that there's a note of nobility,

         2       of what I observed here after so many years,

         3       the outpouring of splendid statements that

         4       have gone down on the record.  And they will

         5       endure, and people will respond again.  It

         6       nourishes that spirit of love of neighbor and

         7       the love of God that we all experience.

         8                  So it is a very fitting

         9       circumstance to be here.  And I want to

        10       confess my profound appreciation to all of

        11       you, men and women from all over the state,

        12       giving testimony, living testimony that we

        13       should keep the object of love.  It's not

        14       enough to bring relief, it's not enough to do

        15       those things that are necessary, but it's the

        16       proof positive that it's generated by a

        17       personal feeling of love of our neighbor.

        18                  And when I complete my service this

        19       year, I doubt if I'll be back up here again.

        20       But it's good to know that it's a spirit that

        21       will endure.  It's not going to be abandoned.

        22       And there are people on both sides of the

        23       aisle -- there isn't an individual here who

        24       would take exception to the manifestation of

        25       what we should go through, when the only


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         1       reason you get involved -- and you people

         2       really give testimony to that feeling, because

         3       you prompted yourself to take notice and to do

         4       something positive about it.  And we, in

         5       noticing it, generate our own spirit.

         6                  And we need it.  We need it.

         7       Because if we're not, we're just another class

         8       of animals.  But we're not.  We're created in

         9       a divine image.  And as long as there are

        10       people willing to give testimony and risk

        11       their lives, as you folks have been doing,

        12       then there's indeed reason for all of us to

        13       exult over the liveliness.

        14                  You know, and I'm sure that if I

        15       had the ability to be here a hundred years

        16       from now, that spirit would endure if we're a

        17       society that deserves to live.  Otherwise,

        18       what is it all worth?

        19                  So I feel very blessed by just

        20       sitting here and listening to all of you and

        21       the way you express yourselves.  And you do it

        22       in such a wholesome way, in a God-given love

        23       of our fellow beings on this earth.  And that

        24       means that there will be people in our society

        25       that will respond when the need is great.


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         1                  So God bless this group.  I feel --

         2       I feel rejuvenated.  And I'll be 85 shortly.

         3       And I really feel exhilarated over this

         4       example that I was pleased to be a part of.

         5                  ACTING PRESIDENT ROBACH:    Senator

         6       Bruno.

         7                  SENATOR BRUNO:    Mr. President, I

         8       am very, very pleased that the Firemen's

         9       Association representatives here and their

        10       leadership could join us.

        11                  And I want to thank all of my

        12       colleagues for their comments and

        13       observations.

        14                  We have a resolution there that

        15       preceded the attendance of the members, who

        16       were in the other chamber.  I would ask at

        17       this time that the title be read again while

        18       they're here.

        19                  And I would also offer to open the

        20       resolution to anyone that's in the chamber.

        21       Anyone that would rather not be on it, if you

        22       would approach the desk.

        23                  After reading the title, I would

        24       move for its immediate adoption.

        25                  ACTING PRESIDENT ROBACH:    The


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         1       Secretary will read.

         2                  THE SECRETARY:    By Senator Bruno,

         3       Legislative Resolution Number 5115,

         4       commemorating May 8, 2006, as Volunteer

         5       Firefighter and EMS Day, in recognition of the

         6       sacrifices and contributions these outstanding

         7       individuals make to protect and to care for

         8       the residents of the State of New York.

         9                  ACTING PRESIDENT ROBACH:    On the

        10       resolution, all those in favor signify by

        11       saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT ROBACH:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT ROBACH:    The

        17       resolution is adopted.

        18                  (Applause.)

        19                  SENATOR BRUNO:    Mr. President, is

        20       there any further business at the desk?

        21                  ACTING PRESIDENT ROBACH:    There

        22       is none.

        23                  SENATOR BRUNO:    There being no

        24       further business to come before the Senate, I

        25       would move that we stand adjourned until


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         1       tomorrow, Tuesday, May 9th, at 3:00 p.m.

         2                  ACTING PRESIDENT ROBACH:    On

         3       motion, the Senate stands adjourned until

         4       Tuesday, May 9th, at 3:00 p.m.

         5                  (Whereupon, at 4:50 p.m., the

         6       Senate adjourned.)

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