Tuesday, April 23, 2013

Let me share with you the blessing from our founder, Dharma Master Cheng Yen, in Chinese. {In Mandarin: "When facing suffering, nurture compassion. When facing change, test our wisdom. When facing adversity, develop resilience. When facing tedium, practice patience. When facing complexity, appreciate the positive. In pursuit of ideals, strive for improvement. When facing egos, exercise humility. Let society be in harmony, without conflict. Let us cultivate and protect the earth evermore. Let us put an end to all afflictions and disasters on earth. In the name of Buddhas, Amitofo.")

Thank you.

ACTING PRESIDENT VALESKY:The reading of the Journal.

The Secretary will read.

THE SECRETARY:In Senate, Monday, April 22nd, the Senate met pursuant to adjournment. The Journal of Friday, April 19th, was read and approved. On motion, Senate adjourned.

ACTING PRESIDENT VALESKY:Without objection, the Journal stands approved as read.

Presentation of petitions.

Messages from the Assembly.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President. I do have a couple of motions.

On behalf of Senator Martins, on page 14 I offer the following amendments to Calendar Number 168, Senate Print 3661, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT VALESKY:So ordered.

SENATOR LIBOUS:Thank you, Mr. President.

On behalf of Senator Golden, on page 28 I offer the following amendments to Calendar Number 387, Senate Print 2237A, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT VALESKY:So ordered.

SENATOR LIBOUS:And on behalf of Senator Young, Mr. President, on page 28 I offer the following amendments to Calendar Number 391, Senate Print 3710A, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT VALESKY:So ordered.

SENATOR LIBOUS:Mr. President, at this time could we adopt the Resolution Calendar, please, with the exception of Resolutions 1294, by Senator Stewart-Cousins, 1315, by Senator Stewart-Cousins, and 1395, by Senator Perkins.

ACTING PRESIDENT VALESKY:All those in favor of adopting the Resolution Calendar, with the exceptions as noted, please signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT VALESKY:Opposed, nay.

(No response.)

ACTING PRESIDENT VALESKY:The Resolution Calendar is adopted.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

On the calendar today, Senator Stavisky had Resolution Numbers 1316 and 1322. She would like to open those up for cosponsorship. So in the spirit of what we usually do here in the chamber, all members will be put on those resolutions. If members wish not to go on those two resolutions, please let the desk know and we'll take your name off.

ACTING PRESIDENT VALESKY:Resolutions 1316 and 1322, by Senator Stavisky, are open for cosponsorship. If any member does not wish to be a cosponsor, please inform the desk.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Mr. President, I had two resolutions that were previously adopted. I'd like to call them up and ask to have them read in their entirety. And I think I'd like to do them one at a time.

So the first resolution is Resolution Number 438.

ACTING PRESIDENT VALESKY:The Secretary will read Resolution Number 438.

THE SECRETARY:Legislative Resolution Number 438, by Senator Libous, paying tribute to the life and valiant service of Captain Matthew Porcari, who died in the line of duty on January 21, 2013.

"WHEREAS, It is the custom of this Legislative Body to pay tribute to citizens of the State of New York whose lifework and civic endeavor served to enhance the quality of life in their communities and the great state of New York; and

"WHEREAS, Citizens across our state and nation are inspired by and indebted to our noble firefighters who exhibit courage and bravery every day in the course of their duties; 34-year-old Matthew Porcari was one such firefighter, who died doing what he loved; and

"WHEREAS, Matthew Porcari, Captain of Owego Fire Department's Croton Hose Company No. 3, lost his life while serving the community he loved on Monday, January 21, 2013; and

"WHEREAS, A graduate of Owego Free Academy, Matthew Porcari played first base for the first team in the school's history to win the New York State Baseball Championship; and

"WHEREAS, Following in the footsteps of his father, John Porcari, Matthew Porcari joined the Owego Fire Department at the age of 16; and

"WHEREAS, A natural-born leader, Matthew Porcari was employed by Broome Developmental Center; Matt was an active member of New Life West Church; and

"WHEREAS, Matthew Porcari also brought great skill and dedication to his craft as a mason, as evidenced through his meticulous work several years ago when building a new section of an area middle school; and

"WHEREAS, Described by all who knew him as a selfless man, Matthew Porcari was someone who would enter a crowd of strangers and leave with lifelong friends; and

"WHEREAS, A husband, father and son, Matthew Porcari was a man who inspired many and moved others to service in the fire department; and

"WHEREAS, Predeceased by his father, John Porcari; paternal grandfather, Peter Porcari; maternal grandparents, Lester and Jeanne Dunham; and uncle, William Eschler, Matthew Porcari is survived by his wife, Christina Porcari; children, Tierney Walter, John Porcari, Alora Landis, Nicole Landis, Jennifer Henneforth; mother, Cheryl Porcari and Andy Hunt; sister and brother-in-law, Tammy and J.T. Bouchard; grandmother, Beverly Porcari; aunts and uncles, Ronald and Missie Dunham; Lee and Karen Dunham, Kathy Dunham, Patty Dunham Woodward; Sue Eschler and Steve Baker; mother-in-law, Linda Clayton; several cousins and numerous friends; and

"WHEREAS, Matthew Porcari's Owego Fire Department family will always remember this outstanding man for the hard work and dedication he showed the fire company as well as the community, but most importantly, for his quality of character; and

"WHEREAS, During his life, Firefighter Matthew Porcari touched many through his kindness and commitment to service; as we recall the loss of this great man, we memorialize his remarkable life and the enormous impact he had on everyone with whom he came in contact; and

"WHEREAS, It is the sense of this Legislative Body to convey its grateful appreciation and heartfelt regret in recognition of the loss of Captain Matthew Porcari, who dedicated his purposeful life and career in faithful service to his family and community; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to pay tribute to the life and valiant service of Captain Matthew Porcari, who died in the line of duty on January 21, 2013, and to express its deepest condolences to his family; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Captain Matthew Porcari."

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Mr. President, today we are joined by Matthew's wife, Christina; his grandmother, Beverly; and his aunt, Sue.

And while this is certainly a sad occasion, you know, Matthew Porcari was like a lot of firefighters and a lot of people that we've honored on the floor of this Senate chamber. He lost his life doing what he loved.

And on January 21st of this year, he was called upon in the line of duty, went into a blazing building, fell through the floor of that building, and later on lost his life.

He was loved by not only the members of the fire department -- he was their captain -- but everywhere Matthew went, in doing some research and talking to folks, that Matthew just kind of brought cheer to everybody and anyone he touched.

He followed in the footsteps, as the resolution mentioned, of his father, John, who was a firefighter. Matthew I'm told was a pretty good bowler and a good baseball player, and he enjoyed that. And he also enjoyed taking his children fishing and spending time with them like all parents do when their children are growing up.

He had a strong commitment to his community, not only to the fire department, but he worked for the Broome Developmental Center. And he was quite an accomplished mason. And I'm told by people at the developmental center, when I asked them about Matthew, they said he was a jack of all trades. He was one of those individuals that you could go to and he would figure out a way to make it work and put it back together. And they just enjoyed having him there.

It is unfortunate that such a young man has lost his life in the line of duty. But it is fortunate for us to know that we have men like Captain Porcari who are there to protect us and there to not only do the right thing but do what they believe is proper in their heart.

I'll tell you a little bit more about Matthew -- that shortly before this fire took place, he organized a crew and took them to Webster, New York, to pay respect at the funeral of the firefighters that were murdered in Webster. He also was, I'm told, at Long Beach after Hurricane Sandy and gave assistance to the firefighters there.

This was the kind of selflessness Matt had. He cared not only about the community of Owego that he represented, but he cared about all citizens throughout New York State.

You know, people say that Matt was a hero as he went into this building to look and see if there was anybody there to save their life. Yes, he was, Mr. President. But I think Matt lived his life a hero. The way he lived his life, the way he taught his children, the way he served his community, he served it as a hero.

And, Mr. President, I am very honored to stand before you and honor the life of Matt today with his wife and grandmother and aunt. And I would ask that before we pass this resolution -- or this resolution was passed earlier. But I would ask if we could have a moment of silence in Matthew's honor at this time.

ACTING PRESIDENT VALESKY:Per Senator Libous's request, I ask all Senators and visitors to please stand as we offer a moment of silence and keep in our memory the life of Captain Matthew Porcari.

(Whereupon, the assemblage respected a moment of silence.)

SENATOR LIBOUS:Mr. President, I have another resolution at the desk, Number 439. Could I have it read in its entirety and speak on the resolution, please.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 439, by Senator Libous, paying tribute to Firefighter Daniel Gavin for his valiant and dedicated service to the Owego Fire Department and his community.

"WHEREAS, Citizens across our state and nation are inspired by and indebted to our noble firefighters who exhibit courage and bravery every day in the course of their duties; and

"WHEREAS, It is the custom of this Legislative Body to recognize and commend the caring concern and heroic acts of individuals who take prompt and appropriate action in emergency situations, nobly risking their own lives in an effort to preserve the life and property of another; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to pay tribute to Firefighter Daniel Gavin for his valiant and dedicated service to the Owego Fire Department and his community; and

"WHEREAS, On Monday, January 21, 2013, 28-year-old Firefighter Daniel Gavin of the Owego Fire Department, as part of a mutual aid response team, responded to a house fire in Newark Valley, New York; and

"WHEREAS, Despite the injuries he sustained, Daniel Gavin continued on, helping as colleagues from several departments worked to pull a fellow firefighter from the blaze; and

"WHEREAS, In addition to his dedicated service to the Owego Fire Department, Daniel Gavin serves his community as a Tioga County Sheriff's Deputy and Owego Police Officer; and

"WHEREAS, Volunteer firefighters and fire departments not only provide the critical service of fire protection but also engage in other activities of great benefit and importance to the communities they serve; and

"WHEREAS, It takes a special dedication, a strong desire to help others and a tireless sense of community to forsake precious time with family and friends to respond to the signal that a neighbor is in need; Daniel Gavin is such a firefighter; throughout his years of devoted service, this volunteer heroically performed, above and beyond the call of duty, those responsibilities which define the task of fire protection; and

"WHEREAS, Rare indeed is the impressive dedication shown by an individual for the benefit of others which Firefighter Daniel Gavin has displayed throughout his life; and

"WHEREAS, It is the sense of this Legislative Body to recognize and pay tribute to those individuals, such as Firefighter Daniel Gavin, who perform dangerous and life-threatening firefighting with diligence and precision; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to pay tribute to Firefighter Daniel Gavin for his valiant and dedicated service to the Owego Fire Department and his community; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Firefighter Daniel Gavin."

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Today Lieutenant Gavin is with us, and I would ask him to please stand. He's in the gallery with his girlfriend, Victoria, and his mother, Toni.

And he joins us today, and I want to tell you about this incredible person. He was at the same fire and fell through the building, was pulled out. But he was determined to go back in to save his brother, Matthew Porcari, who had fallen to the basement. And although he was injured and had been pulled out of the building by his colleagues, Lieutenant Gavin went back into the building, along with his colleagues, to try to save a brother.

He too is a remarkable individual. I got to spend some time with him earlier. He's very humble, he's very quiet, but he's committed. As you heard in the resolution, he not only is a firefighter but he is a Tioga County deputy sheriff and he's also an Owego police officer. I guess that would be an incredible public service record if we were keeping track.

Lieutenant Gavin has followed in the footsteps of his father, who he was extremely proud of, who also was a firefighter and lost his life fighting a fire some 10 years ago. So his commitment in trying to save his brother and friend, Matthew Porcari, was well instilled in him because of the loss of his father in a fire 10 years ago.

He has served not only the fire department but the community. He too went to Long Beach and spent time helping the victims of Sandy, because he believed that that was the right thing to do, because he's committed to public service.

We're extremely proud to have him not only with us today, but I'm proud to have him in my community as one who is protecting the public and is committed to protecting the public. He too is a hero, because he lives the life of a hero. It's not in just going into one particular fire or -- he does that every day. He's not afraid to do that. He proved that. But if you follow his life on a day-to-day basis, he lives the life of a hero.

Mr. President, I'm very proud to have him with us today in the chamber. I'm very proud to pass this resolution in his honor. And I would ask my colleagues to join me in welcoming him, his mother and his girlfriend with us today.

(Standing ovation.)

ACTING PRESIDENT VALESKY:The two preceding resolutions were previously adopted on February 12th.

Senator Libous.

SENATOR LIBOUS:Mr. President, I believe there was a previously adopted resolution, Number 1262, by Senator Hassell-Thompson. Can we read it in its entirety and call on Senator Hassell-Thompson.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1262, by Senator Hassell-Thompson, honoring Brian Fischer upon the occasion of his retirement after 44 years of distinguished service to the State of New York.

"WHEREAS, It is incumbent upon the people of the State of New York to recognize and acknowledge those within our midst who have made significant contributions to the safety of the public and the quality of life therein; and

"WHEREAS, This Legislative Body is justly proud to honor Brian Fischer upon the occasion of his retirement after 44 years of distinguished service to the State of New York, 37 years of which were in the Department of Corrections and Community Supervision; and

"WHEREAS, Brian Fischer is originally from Brooklyn and has lived most of his life in Rockland County with his beloved wife with whom he has two grown sons; and

"WHEREAS, Brian Fischer began his career in 1968 with the New York State Narcotic and Addiction Control Administration; in 1975, he joined the Department of Correctional Services and was appointed Superintendent of Queensboro Correctional Facility in 1991, and then Superintendent of Sing Sing in 2000; and

"WHEREAS, For the past six years, Brian Fischer rendered faithful, conscientious and valuable service as the Commissioner of the New York State Department of Corrections and Community Supervision; and

"WHEREAS, Brian Fischer has improved public safety by providing incarcerated persons with supportive programming in prison and supportive supervision when they return home to their communities; and

"WHEREAS, While acting as the leader of the largest agency in the State of New York, Brian Fischer has recognized the value of each person, protecting human dignity while offering respect and structure to the prisoners and parolees of this state; and

"WHEREAS, In his official acts, Brian Fischer was governed by a keen sense of duty and has always shown a unique grasp of human problems, earning the admiration, esteem, affection and respect of his colleagues; and

"WHEREAS, Brian Fischer has been recognized nationally as a leader in the field of corrections, receiving numerous awards and honors including the Public Service Award from the New York State Bar Association for Outstanding Contribution in the Field of Corrections, 2011; the Public Service Award from the Community College Fellowship, City University of New York, 2009; and the Warden of the Year Award from the North American Association of Wardens and Superintendents for his work at Sing Sing in 2006; and

"WHEREAS, It is the custom of this Legislative Body that when a person of such noble aims and accomplishments is brought to our attention, it is appropriate to publicly and jubilantly proclaim and commend that individual for the edification of others; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to honor Brian Fischer on the occasion of his retirement after 44 years of devoted and distinguished service to the State of New York, 37 years of which were served with dedication, innovation and progressive leadership of the New York State Department of Corrections and Community Supervision; and to extend to him the heartfelt best wishes of this Legislative Body for a future of purposeful success and well-being; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Brian Fischer."

ACTING PRESIDENT VALESKY:Senator Hassell-Thompson on the resolution.

SENATOR HASSELL-THOMPSON:Thank you, Mr. President.

Commissioner Brian Fischer epitomizes to me what a public servant should be. His diligence and motivation led to his rising through the ranks of the DOCS to the highest position possible.

For the past six years I've had the pleasure of working closely with him on a variety of issues, and his innovative approaches, which includes college programs, theater, and domestic violence and parenting skills for men, have become models for other prisons.

In his tenure he has dealt with the difficult task of having to close many of our correctional facilities throughout the State of New York, but he has handled these transactions with great sensitivity to all involved parties.

In closing, I feel compelled to repeat one line from the resolution that truly summarizes the character of Commissioner Fischer. Commissioner Brian Fischer "has recognized the value of each person, protecting human dignity while offering respect and structure to the prisoners and to the parolees of this state." I believe this translates into Commissioner Fischer's philosophy toward all human beings.

And I am pleased to present this resolution for this body's consideration and thank him for his many years of service to the correctional facilities and to the people within the Corrections Department for the 44 years of his service.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Hassell-Thompson.

Senator Nozzolio on the resolution.

SENATOR NOZZOLIO:Thank you, Mr. President.

Mr. President and my colleagues, it's not often that I rise and find myself in total agreement with my colleague and great friend Senator Hassell-Thompson.

Ruth, thank you very much for putting forth this resolution, Senator. And that I appreciate very much your comments on behalf of Brian Fischer.

Both Senator Hassell-Thompson and I serve on the Crime Victims, Crime and Corrections Committee. Some of the time I've been chairman, some of the time she's been chairman. But during those times we faced a number of challenges. It's hard to believe that it's been seven years since we confirmed the nominee or the I guess honoree of this resolution to the New York State Senate confirmation process to be Commissioner of Corrections.

Brian Fischer has worked extremely hard to be the best possible commissioner. And that I appreciate his strident work on behalf of the citizens of this state. That working with Commissioner Fischer, we've been through some good times and some not-so-good times. But throughout those times I can say that he has worked tirelessly on behalf of the people of this state, he has been extremely passionate in support of his department, the department he oversees, which is one of the largest in state government.

I must say that Commissioner Fischer has brought a great deal of experience to his position and that, Mr. President, any job in corrections is a difficult job. That the COs and the correctional personnel who work within our jails walk the toughest law enforcement beat of any law enforcement officers in America.

The commissioner of this very important department has a tough job -- a tough job to keep the public protected, a tough job to keep our prisons safe. And that I say under all categories, Commissioner Fischer receives top grades for his work on behalf of the people of this state.

Mr. President, I join Senator Hassell-Thompson in support of this resolution. I congratulate Brian Fischer for his exemplary service, 44 years to the citizens of New York State, and that I wish him well in his future and tell him that I very much have been honored to work with him through these years.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Nozzolio.

Senator Little on the resolution.

SENATOR LITTLE:Thank you, Mr. President.

And I too thank Senator Hassell-Thompson for the resolution in honor of our Commissioner Brian Fischer -- who will be missed, certainly, but I congratulate him on his retirement.

While we have had difficult circumstances, as one who formerly represented 12 correctional facilities and is now down to 10 -- I almost hate to say that out loud. But those were difficult times, and yet Commissioner Fischer listened to every one of our arguments and everything that he could do, and we have continued to work well together.

I feel that he has always been responsive, whether it was an issue about a facility or whether it was an issue even about inmates or whatever was going on in our prison system. And he's been very, very responsive and has done a good job there, and I thank him very much for his efforts and wish him well in his retirement.

And despite the different issues that we've had, I even got you to go up to Camp Gabriels on a bright sunny day, as we walked around. But it's been a pleasure to work with you.

Thank you.

ACTING PRESIDENT VALESKY:Thank you, Senator Little.

Senator Rivera on the resolution.

SENATOR RIVERA:Thank you so much, Mr. President.

For those of you that don't know Commissioner Fischer, all that you have to know is demonstrated on the floor of the Senate. When you have both Senator Ruth Hassell-Thompson and Senator Mike Nozzolio agreeing on something and lauding someone, then you know that that person is not only someone who is incredibly committed to public service but has done their job exceptionally well.

In my short time in the Senate, the first two years I was the ranking member on the Crime Victims, Crime and Corrections Committee. And shortly after I was assigned that position, I sat down with the commissioner and we have been working together ever since.

As Senator Little said, he will certainly be missed. He is someone that not only understands that public safety is one of the most important parts of his job, but he also understood that the prison system has to be one that actually does a little bit of correction. It is why it's called "corrections," after all, I believe.

These folks are going to be returning to the neighborhoods that they're from. And he has worked tirelessly over his time in the Corrections Department to make sure that prisons are not only safe, but that they also make sure that when people come back to communities that they are from, that they are productive members of society there.

And it ended, as far as I'm concerned, with a great exclamation point when it was partly with his leadership that we made sure that the Fulton Correctional Facility was transferred from the state to private hands to then very, very soon used as a one-of-a-kind reentry facility in the Bronx in my district.

So I thank the commissioner for his work. And again, he will be certainly missed.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Rivera.

Senator Adams on the resolution.

SENATOR ADAMS:Thank you.

And I just want to add my voice to, you know, the retirement after 44 years of Commissioner Fischer.

And I think Senator Little said it the best, that, you know, just the opportunity of when there are circumstances, circumstances that come about during day-to-day inmate interaction, just Brian just has been -- he has been great. And, you know, you could pick up the phone and have a real conversation with him.

And, you know, I want to thank Senator Hassell-Thompson for just not allowing of the centers of his departure to just go unnoticed. And by bringing this resolution to the floor, it allows him to see how we all appreciated him.

With the countless number of commissioners that come and go, you don't always stop and pause upon their departure. And it's just our real appreciation for what he has done in a very difficult job. His hotel guests are not the best people in the state. And he has found a way to, you know, just navigate the challenges of having people who committed some very serious offenses, keeping violence down, dealing with the political, you know, issues of should prisons close, should they not.

He's often given the task -- he has to fulfill the obligation and responsibility, and he has done in a very respectable manner. And so he really personifies the term of being a public servant.

And we're going to miss him. I'm pretty sure there are some great opportunities that's there for him. And he appreciate him, and we appreciate what he has done throughout the years.

Thank you.

ACTING PRESIDENT VALESKY:Thank you, Senator Adams.

Senator DeFrancisco on the resolution.

SENATOR DeFRANCISCO: Yes, I want to congratulate the commissioner on his many years of service. The thing I'm finding hard to believe, how he could want to leave that simple, easy, no-show job --

(Laughter.)

SENATOR DeFRANCISCO: -- that rarely caused anyone to criticize him, because that was the cushy job of the state government.

Actually, it was one of the hardest jobs in the state government, to be in that department for all those years and continue to move up and do the right thing despite all the conflict and everything else.

And the other thing that's very interesting is -- you know, I enjoyed doing the hearings, the Finance hearings. From time to time I asked some tough questions. From time to time I ruffled some feathers. Not a hair on his head was ever ruffled. He was always cool, calm, collected. He never answered any of my questions, but he was cool, calm, and collected.

(Laughter.)

SENATOR DeFRANCISCO: So I wish you well in your next career. And it was a pleasure working with you. And thank you for your great service to the State of New York.

ACTING PRESIDENT VALESKY:Thank you, Senator DeFrancisco.

Senator Perkins on the resolution.

SENATOR PERKINS:Thank you very much.

I just want to first express my appreciation to Senator Hassell-Thompson for this resolution.

And I want to personally thank the commissioner for the opportunity we've had to work together. I really appreciate the vision and the sense of reform and the sense of fairness that you were able to communicate to the activists who were looking to bring about changes in the system that they believe, I believe, would make our system a better system.

And I believe that it's a tough job, but you were able to win the support and the confidence of some of the most challenging activists and honest activists that could be. And you nevertheless were receptive. You tried to be progressive, you tried to be open, and you were effective in making folks believe that you were trying to do a good job.

So thank you so much for that. And I hope that wherever you go, you continue to have success.

ACTING PRESIDENT VALESKY:Thank you, Senator Perkins.

Senator Montgomery on the resolution.

SENATOR MONTGOMERY:Yes, thank you, Mr. President.

And I rise to join Senator Hassell- Thompson and thank her for this resolution and to also say that I too am extremely proud to have been able to work with Commissioner Fischer.

And the proof is in the pudding in terms of the outcome. I've been in, of course, any number of facilities, both women and men, throughout the state. And certainly I think the best statement on your behalf, Commissioner, is at Sing Sing there are some programs there that have made an extremely important difference in the lives of people on the inside.

And as you know, since they come home to many -- many of them come home to communities like mine, it gives me a lot of hope. And it is refreshing when someone comes up to me and is very happy to be back and to be looking forward to becoming a productive citizen, having been given a second chance. And a lot of that has to do with the programming that you instituted for people on the inside.

And so I am extremely proud and happy that you have been there at the helm for these few years. We will certainly miss your professionalism and your guidance. And I only hope that we can continue to depend on you to give us some support as we move forward to continue your legacy and what you have left for us to be a model in the correctional system in the State of New York.

So thank you, Mr. President, for allowing me to say to our outgoing commissioner: Thank you and God bless, and we look forward to continue our work together.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Montgomery.

Senator Larkin on the resolution.

SENATOR LARKIN:Thank you, Mr. President.

You know, when you give a job to somebody at a state level with a lot of responsibilities and many, many headaches -- and I used to say to Brian when I first met him, at which time I had prisons in my district, that your response shows what a leader is all about.

I can remember the days that I have called him on -- to me it was a major issue, but to him it was just, "Hey, Bill, I'll call you back." And I didn't get a call back from his staff, I get a call back from Brian.

When we started shutting the prisons down two years ago, the big question was, Will they dare? Who pulls up in that car with his entourage but Brian. He paid attention to all of the local people that were talking about it, all the members of the Department of Corrections, how it was going to work, how it would be transferred, how they would be, what would be their responses.

And he spoke to the families. Because he said to us, "Make sure you have the families, because I don't want them to go home and tell their wives peaches and cream when it's going to be sour grapes." So he talked to the families, so the families knew what was facing them, how they were going to address it, and how he cared about it.

You know, he's a gem. He's the rock of Gibraltar as far as the Corrections are concerned. It's easy to say "I could do that job." You know, Brian, you know and I know that it takes not only a desire but a heart of gold to say that "I accept this responsibility and I will do it to the best of my ability."

I think you went a little bit above that, and you did it with pride and with dignity. And we in the State of New York are surely going to miss your leadership and your take-charge attitude. May God bless you always.

ACTING PRESIDENT VALESKY:Thank you, Senator Larkin.

This resolution was adopted on April 17th by the New York State Senate.

Commissioner Fischer, on behalf of the people of the State of New York, thank you very, very much for your outstanding public service over many years. And we wish you all the best in your future endeavors.

(Standing ovation.)

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

At this time I'd like to take up a previously adopted resolution, Number 1222, by Senator Diaz. If you would read it in its entirety, and I believe Senator Diaz might want to speak on it.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1222, by Senator Diaz, commending the generosity and the outpouring of compassion expressed by both the government and the people of the Republic of China (Taiwan) towards the State of New York in the devastating aftermath of Hurricane Sandy which made landfall on October 29, 2012.

"WHEREAS, New York State recognizes the giving nature and benevolence of the government and the people of Taiwan, made apparent by the outpouring of sympathy and contributions to the people of New York as well as their prompt response and aid, which have been a blessing in the catastrophic wake of Hurricane Sandy, which caused great economic losses and left thousands homeless; and

"WHEREAS, Without hesitation, Taiwan's government, as an expression of its deep condolences and concerns for the state government of New York, came to its immediate aid and offered donations towards the relief fund; and

"WHEREAS, Taiwan then joined forces with private-sector organizations such as the Tzu-Chi Foundation to provide humanitarian assistance to the people in devastated areas of New York and helped to raise relief funds making hundreds of tons of emergency supplies, food, potable water, blankets and lighting equipment available to the victims of Hurricane Sandy and helped begin restoring hope in the aftermath of the storm; and

"WHEREAS, The State of New York is home to a thriving overseas Taiwanese community. The Taiwanese Americans residing in the State of New York have generously supported the Taiwan government's worthy endeavor by donating a significant amount to those people who suffered from Hurricane Sandy through the Chinese Consolidated Benevolent Association (CCBA), the Chinese Chamber of Commerce in New York, the American Red Cross, and other charities; and

"WHEREAS, In order to strengthen the bilateral trade relations with the United States, the government of the Republic of China (Taiwan) has expressed its wish to participate in the Trans-Pacific Strategic Economic Partnership Agreement (TPP), and to sign a Bilateral Investment Agreement (BIA) and a Free Trade Agreement (FTA) with the United States in the near future; and

"WHEREAS, The State of New York exported a large amount of products to Taiwan in 2012, making Taiwan the 16th largest foreign market for New York State. New York has maintained a friendly and fruitful relationship with Taiwan for many years and will keep strengthening bilateral economic ties; and

"WHEREAS, Subsequently, a close, friendly bilateral relationship, as well as the humanitarianism shown by the government and people of Taiwan, have earned the recognition and applause of the citizens of this great Empire State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commend the generosity and the outpouring of compassion expressed by both the government and the people of the Republic of China (Taiwan) to the State of New York in the tragic aftermath of Hurricane Sandy that hit on October 29, 2012; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to President Ma Ying-Jeou through the Taipei Economic and Cultural Office in New York."

ACTING PRESIDENT VALESKY:Senator Diaz on the resolution.

SENATOR DIAZ:Thank you, Mr. President.

Ladies and gentlemen, today I am joined and I have the privilege to be joined in the Senate chamber by my distinguished guests. First, Ambassador Andrew Kao from the Taipei Economic and Cultural Office in New York.

(Applause.)

SENATOR DIAZ:Mr. Paul Ng, chairman of the Chinese Consolidated Benevolent Association.

(Applause.)

SENATOR DIAZ:Mr. Justin Yu, chairman of the Chinese Chamber of Commerce.

(Applause.)

SENATOR DIAZ:Brother George Chang, executive director of the Buddhist Tzu Chi Foundation.

(Applause.)

SENATOR DIAZ:And David Chien, director of the Taipei Economic and Cultural Office in New York.

(Applause.)

SENATOR DIAZ:And my good friend Mrs. Ann Noonan, who has been instrumental in helping me develop my relationship with the Taiwanese people.

(Applause.)

SENATOR DIAZ:Thank you.

Mr. President, ladies and gentlemen, my fellow Senators, as you know, I have been trying to become a Senator who brings all cultures together. I have resolved to bring all different cultures to this chamber and introduce them here to all of you.

To that effect, I was the first Senator to introduce the Dominican culture and community in the Senate chamber and a Dominican minister offering the invocation in Spanish.

I have honored the Garifuna community, having one of their ministers as well offer the invocation in their native language.

The Bangladesh community was also presented and recognized in this chamber, and their Imam did the invocation in Bangla for the first time in this chamber.

Today, and for the fourth year in a row, Mr. President, I am privileged to sponsor a Senate resolution recognizing the government and the people of Taiwan for their wonderful, humanistic, generous, rich financial and cultural contributions to the State of New York.

Ladies and gentlemen, my dear colleagues, as you know, I represent the South Bronx, Mr. President, one of the poorest areas in the nation. I must thank and recognize the contribution of the Taiwanese government and its representatives to the needy children of the Bronx. Every year -- and I repeat that, every year, as the three Kings came to visit Jesus, the Taiwanese government representatives come to the South Bronx, bringing backpacks filled with all kinds of school supplies for the black and Hispanic children of the area, alleviating the burden on their parents.

Not only, Mr. President and ladies and gentlemen, not only has the Taiwanese government been generous to the poor children of the South Bronx, but as the resolution said, it is well known that when New York was hit by Superstorm Sandy, the Taiwanese government immediately, immediately contributed $200,000 to toward the relief effort of the people affected by Superstorm Sandy.

You should know that the government of Taiwan did not end its relief efforts there. In collaboration with other groups, including the Buddhist Tzu Chi Foundation, $10 million, $10 million was raised toward desperately needed relief supplies that assisted our constituents through that very challenging and difficult time.

So, Mr. President and ladies and gentlemen, it is important for you to know, it is important for you, ladies and gentlemen, to know that Taiwan is one of the strongest democratic allies of the United States in Asia. We must never forget that Taiwan spares no efforts to maintain peace and prosperity in East Asia, as evidenced by the East China Sea Peace Initiative proposed by President Ma Ying-Jeou.

It is also well known that Taiwan is the ninth largest trading partner of the United States. Both Taiwan and the United States have maintained a close relationship for many years. In 2009, ladies and gentlemen, the United States assisted Taiwan in its bid to gain participation in the World Health Assembly as an observer. The United States of America has continued supporting Taiwan's meaningful participation in other United Nations-affiliated organizations such as the International Civil Aviation Organization and the United Nations Framework Convention on Climate Change.

As I said before, I'm honored today to have Ambassador Andrew Kao, Mr. Paul Ng, Mr. Justin Yu, Brother George Chang, David Chien, my friend Ann Noonan. But I'm also proud to have in the gallery a delegation of Taiwanese who have joined us in the Senate gallery.

(Applause from gallery.)

SENATOR DIAZ:To all of you, I say Ni Hao, Da Jia Hao.

(Applause from gallery.)

SENATOR DIAZ:Welcome to Albany.

Finally, to you, my colleagues, members of the Senate and staff, I am inviting you to join me and Senator Marty Golden for a Chinese reception at 5 p.m. -- or when this session is over -- in the Well, which will include a stunning photo exhibition of pictures from Taiwan and delicious Chinese food from the Buffalo Wagon Restaurant, which is located nearby in Colonie. So even though we are recognizing and celebrating a culture from the other side of the world, we are also supporting local businesses here.

Madam President, ladies and gentlemen, I am State Senator Ruben Diaz, and this is what you should know. Thank you very much.

(Applause from gallery.)

ACTING PRESIDENT VALESKY:Thank you, Senator Diaz.

Senator Stavisky on the resolution.

SENATOR STAVISKY:First let me thank my colleague Senator Diaz for bringing people together, as he has done on so many occasions.

But it's good to see so many of my friends and constituents here: Paul Ng, Brother George Chang, Ambassador Andrew Kao, Justin Yu, and everybody in the gallery. And to you, I don't mean to try to -- my Mandarin is improving, let me put it that way. Da Jia Hao.

(Laughter; applause.)

SENATOR STAVISKY:Very briefly, let me again thank the Republic of China, Taiwan, for their help during Hurricane Sandy and other disasters that have occurred. I know the Taiwanese people were very helpful in New Orleans after Katrina.

But I also remember when I was first elected -- and I think this happened about 1999, the end of '99 or 2000, there was an earthquake in Taiwan. And the American community came together with our brothers and sisters, and I remember attending a big rally at the Botanical Gardens in Flushing where we came together in support of our friends in Taiwan.

And I think that demonstrates the friendship that has existed between the Republic of China and the United States. And never, I think, is this more apparent than if you visit my district in Flushing -- because many of you from Taiwan either spend time in Flushing or live in Flushing, in the Flushing community. And this is a very remarkable community, because they have given almost a renaissance effect to the people in Queens County.

The Comptroller did a report in 2011, and he highlighted the tremendous economic improvements that are taking place in downtown Flushing. Business has increased in the last 10 years by 37 percent, where in the rest of the city it was somewhere in the neighborhood of 5 percent.

We have a tremendous boom in Flushing, whether it be construction, creating new jobs, improvements to the infrastructure. Whatever it is, it's happening in Flushing.

And for example, Main Street and Roosevelt Avenue, the stop after Citi Field on the Number 7 line, is the third busiest subway station in the city. People don't realize that this is a booming area.

And Flushing, where many of you shop and you come for restaurants, for shopping, it's become a destination. And it's because of the people from Taiwan who have chosen to settle here, to do business here, and to live here. And for that we are very, very grateful.

Flushing is a community of immigrants. There are people from approximately 70 different countries. Approximately 120 languages are spoken in the schools, English hopefully being one of them. And we have shown tremendous strides in adapting to our new culture. And I am absolutely convinced that without the immigration from Taiwan in the early 1980s, you would still have the boarded-up stores that you find in other parts of the state.

So again, I thank you all for coming. And what we say in Queens is "Come to Flushing and see the world."

Thank you, Mr. President.

(Applause from the gallery.)

ACTING PRESIDENT VALESKY:Thank you, Senator Stavisky.

Senator Squadron on the resolution.

SENATOR SQUADRON:Thank you, Mr. President.

Ni Hao Ma. It's good to see everyone here. Thank you for coming to Albany. To Ambassador Kao, to the mayor of Chinatown, Mr. Paul Ng, to the former mayor of Chinatown, Mr. Justin Yu, all of the constituents and dignitaries that I see in the room, it's great to have you here.

Because it's so important that the presence you have in the state, the presence that you have in my community, in Chinatown in Manhattan, and Flushing, as Senator Stavisky talked about, in Brooklyn all the way up to the Bronx, as Senator Diaz's leadership on this attests to -- and I thank him for his leadership -- your presence is constant.

And it's constant because we are so proud to have such a strong Taiwanese-American and Asian-American community in our city and our state. And your presence is constant because the way in which the community is strengthened, jobs are created, and we are really a stronger place because of your presence is something that we benefit from every day.

And so to have this sort of physical presence in the chamber today isn't just pleasant for me -- because I've got to tell you, I appreciate all of my colleagues in Albany, but I much prefer to be in the district with all of you than here on the floor of the Senate, and you give me the opportunity to do both at the same time today -- it's also critically important because of the message that it sends.

And it sends the message that what's happening in the Chinese-American community, what's happening with our relationship with the Republic of China, with Taiwan, is a critical part of the business of our state. And we need to understand that the challenges of having a state that's friendly for immigrant communities, a state where it's possible to get an education and have the support of the state in doing so, a state where a new business owner has the support of the state and local governments in starting their business and isn't faced with hurdles that, regardless of language barriers, regardless of familiarity with the system, make it nearly impossible to be successful as a small-level imprimatur, no longer exist.

It's critical because we know that we need to have an educational system starting in elementary school that welcomes and encourages students from all over the world speaking languages from all over the world.

It's critical because we know that communities that are made up of immigrants and the children and grandchildren of immigrants have more diversity in many ways than the average community, and therefore have issues of affordability and housing and open space.

And so the presence of all of you in the chamber today is a great credit to the strength and power of your community and our community, and so that's important. But it's also really a reminder that every day when we're toiling up here in Albany, it's not about the fights of the day, the fights in this chamber, the gold leaf on the ceiling above me. It is about the work that each of you is doing to strengthen New York as a beacon around the world and as a place where working hard, investing in your community, being a part of your community will lead to success both in your generation and in the following generations.

And it's a partnership that I'm particularly pleased is a constant one with Ambassador Kao and with Taiwan. Because this is not something that New York does on its own, it's something that we do as part of a global city.

And so the power of the day is significant. I thank Senator Diaz again. I thank all of you. And let me say that the invitation is open literally every single day. I, for one, would certainly be quite pleased if we had this sort of presence from my community in the chamber every day. And I've got to tell you, we'd be a better state if we did.

(Applause from the gallery.)

ACTING PRESIDENT VALESKY:Thank you, Senator Squadron.

Senator Sanders on the resolution.

SENATOR SANDERS:To separate people is easy, but to unite people shows real skill. And I compliment you, Senator Diaz, for bringing all of these groups together that you have.

I represent a district that was horribly impacted by Hurricane Sandy. In the days following that disaster, we really found ourselves shell-shocked, not knowing what to do and where to turn to. One of the first groups that said that they wanted to help were the Taiwanese. And on behalf of my district, I thank you for your efforts, I thank you for your heart being wider than the Pacific and able to reach out and to grasp our hands in our time of need.

I am no stranger to this type of generosity. Having traveled to Taiwan as the chair of economic development for the City Council, I saw not just the culture, the vitality of the nation, the incredible generosity of the people. So I was not surprised at all by your generosity. We certainly appreciate it.

It was made all the more generous because I don't have many Taiwanese in my community. I'm not blessed; I don't have that many Taiwanese in my community. So there was no natural link, if you wish, it just was a linkage of the human spirit, a linkage that said when people are in need, we will reach out.

So we in the Rockaways will always remember your generosity. And we also thank my colleague Senator Adams, who also pioneered and made sure that this generosity was shared with many people.

So I'm very grateful for the relationship that we have, not simply as a nation to nation, but you indeed managed to do people to people. Thank you very much.

(Applause from the gallery.)

ACTING PRESIDENT VALESKY:Thank you, Senator Sanders.

Senator Perkins on the resolution.

SENATOR PERKINS:Thank you very much, Mr. President.

And to my colleague Senator Diaz, I want to jealously commend you for the privilege you have of a constituency that you represent well and who I know are good constituents, good citizens and participating citizens in your community.

Ni Hao.

(Applause from the gallery.)

SENATOR PERKINS:I'm showing off because I did have the privilege of visiting Taiwan. At the time I believe your president was the head of the city council, President Ma. And I also took that trip with someone who might just become the mayor of our city, John Liu, who is our comptroller.

And so I want to just briefly express my appreciation to you for coming and joining us again, and welcome you to Harlem.

(Applause from the gallery.)

SENATOR PERKINS:Thank you.

ACTING PRESIDENT VALESKY:Thank you, Senator Perkins.

Senator Espaillat on the resolution.

SENATOR ESPAILLAT:Thank you, Mr. President.

I also want to congratulate Senator Diaz. He very distinctly said, you know, the different groups that he has brought to this chamber, bringing us together. I think he is running out of continents.

(Laughter.)

SENATOR ESPAILLAT:But he is bringing everybody here to be part of this process.

And I want to welcome the ambassador and also Mr. Ng from the Chinese Consolidated Benevolent Association. I know that these groups have been in the city and in the state for many, many years and have been contributing to the well-being and the growth of our economy.

You have been a steadfast and persistent ally and friend of the New York economy and New York City, and we welcome you to this Senate chamber. And we want to participate with you, join in your culture and your food, and be friends, as we are all New Yorkers.

So thank you so much for coming here. Congratulations, Senator Diaz. Ni Hao. Xie Xie.

(Applause from the gallery.)

ACTING PRESIDENT VALESKY:Thank you, Senator Espaillat.

This resolution was adopted on April 17th.

We certainly welcome our special guests who are joining us today and thank the people of Taiwan for their support of the victims of Superstorm Sandy. Thank you.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

At this time I'd like to take up Resolution 1315, by Senator Stewart-Cousins, read the title only and please call on Senator Stewart-Cousins.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1315, by Senator Stewart-Cousins, memorializing Governor Andrew M. Cuomo to proclaim April 21-27, 2013, as Abusive Head Trauma/Shaken Baby Syndrome Awareness Week in the State of New York.

ACTING PRESIDENT VALESKY:Senator Stewart-Cousins on the resolution.

SENATOR STEWART-COUSINS:Thank you, Mr. President.

I wanted to also extend my welcome to our esteemed guests.

The resolution is not really one that is anything that I'd want to talk about, but it's important. Every year since I've been here, I've stood and spoken about shaken baby syndrome. And there's a few facts that we should know.

We should know that 681,000 children are victims of abuse and neglect yearly; that 73,000, approximately, are abused and victimized right here in New York. We should also know that in the United States four children die daily from abuse and neglect, and 75 percent of those children are under the age of 4. And the leading cause of death is abusive head trauma and shaken baby syndrome.

One of those children lived in my district. In November of 2000, at the age of 8 months old, Cynthia Gibbs was shaken by her babysitter, and the result was Cynthia's death. Since that time, there's been a push, certainly by her father, to educate people.

And the New York State Department of Health has done a tremendous job with the New York Shaken Baby Prevention Program that started 15 years ago, which engages people in education process about shaken baby syndrome. And one of those hospitals that are involved is my own hospital in Westchester, Maria Fareri Children's Hospital.

The reality is there are nurses that go out and help families early on with their babies, and you have to know this information before you leave the hospital, that you just can't shake your baby. And you can't expect that if you do shake them, that bad things won't happen. If the child survives, very often there is brain damage, there are learning disabilities. And they also find these children to be more prone to substance abuse.

So again, I stand, you know, just to say the very, very simple act of, if you're stressed out as a parent -- and that happens so often -- don't shake your baby. Walk away. Don't shake your baby.

Thank you.

ACTING PRESIDENT VALESKY:Thank you, Senator Stewart-Cousins.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT VALESKY:Opposed, nay.

(No response.)

ACTING PRESIDENT VALESKY:The resolution is adopted.

Senator Libous.

SENATOR LIBOUS:Mr. President, if we could go back and just open the Diaz resolution, please, to members. Senator Diaz would like to open it up to all members. And if someone wishes not to be on it, to let the desk know.

ACTING PRESIDENT VALESKY:So ordered.

Senator Libous.

SENATOR LIBOUS:Mr. President, at this time I'd like to take up Resolution Number 840, by Senator Gipson. It was previously adopted. Let's read it in its entirety and please call on Senator Gipson.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 840, by Senator Gipson, commemorating the 100th Anniversary of the Hughsonville Fire Department.

"WHEREAS, This Legislative Body is proud to commemorate the 100th Anniversary of the Hughsonville Fire Department and to honor its past and present firefighting members for 100 years of fire protection to the citizens of the Town of Wappinger, New York, and its surrounding communities; and

"WHEREAS, This Legislative Body is also justly proud to commend the Hughsonville Fire Department for its assistance and support in the September 11th cleanup and, more recently, for its assistance on Long Island helping Massapequa, New York, with the cleanup after Superstorm Sandy; and

"WHEREAS, Fire departments are an integral part of community protection services in every locality of our state. During the past 100 years, the courageous and devoted firefighters of the Hughsonville Fire Department have valiantly responded to all types of fire emergencies and have won the praise and respect of the community which they serve; and

"WHEREAS, With a membership of dedicated firefighters, the record of the Hughsonville Fire Department in public service and fire protection is one to be envied. For 24 hours a day, for 365 days a year, for 100 years, whenever the alarm sounded, these noble volunteers left their homes and went to the aid of their neighbors; and

"WHEREAS, The brave firefighters of the Hughsonville Fire Department are prepared to risk their lives every day to help save the lives of others and to protect homes and property from the destruction caused by fire; and

"WHEREAS, In addition to the skill and devoted service demonstrated by individual firefighters, the Hughsonville Fire Department reflects the history and development of firefighting over the past 100 years; and

"WHEREAS, This Legislative Body cannot express sufficient gratitude to those devoted individuals who recognize that the preservation of life and property is a sacred responsibility, and who make that responsibility their own by serving as firefighters; and

"WHEREAS, It is the sense of this Legislative Body that we should give special recognition to those who work so assiduously for the betterment of their communities, and acknowledge publicly the heroic good works performed by the volunteer fire departments of this great Empire State, their officers and auxiliaries; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to proudly commemorate the 100th Anniversary of the Hughsonville Fire Department; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Hughsonville Fire Department."

ACTING PRESIDENT VALESKY:Senator Gipson on the resolution.

SENATOR GIPSON:Thank you, Mr. President.

As a former volunteer fireman and as a State Senator, it's a great honor today to welcome to our chambers some very important people from my district. I have representatives of the Hughsonville Fire Department. They are celebrating 100 years of service.

And as the resolution said, 24 hours a day, 365 days a year, these men and women for 100 years have stood up to the call of duty. Whenever that bell has gone off, they have been there to serve the community.

That in itself is certainly enough for us to recognize. But what's really special about this fire department is that they go above and beyond the call of duty all of the time. For instance, during 9/11 they were one of the many fire departments that responded down to Ground Zero to help with the recovery and cleanup there.

More recently, they went to a place that is nowhere near where we live. If you don't know where our district is, it's right in the middle of the mid-Hudson Valley. You can't really get to Long Island from where we live. It's nowhere near there. But just to show you how special these individuals are, they found a way to get there, down to the town of Massapequa after Hurricane Sandy when that whole area had been devastated by that hurricane.

When that area was in desperate need of help, these firefighters took their trucks and their gear, left their families and their homes and went down to work with a group of people they had never met before to work in a place they had never been to before, to enter into a situation that they had no idea what they would be entering into. They volunteered enormous amounts of time and resources to that.

And it's just a real honor to have them here today. I want to just recognize them by name, and if you could stand up, please.

We have Chief Michael Stearns, Lieutenant Michael Valentino, Firefighter Trevor Dhalla, Firefighter Krizia Loyola, Lieutenant Justin Jerrick, Commissioner Bill Spinelli, Firefighter Paul Rogers, Firefighter Michael Schappert, Firefighter James McGovern, Firefighter Dale Kelley, Commissioner Erin Corbett, and the president of the firefighter company, Bill Beale.

Please help me give them a round of applause for all their work.

(Standing ovation.)

SENATOR GIPSON:Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Gipson.

Senator Fuschillo on the resolution.

SENATOR FUSCHILLO:Thank you very much, Mr. President. And I'd like to thank Senator Gipson for this resolution.

I had the pleasure of meeting two members of the Hughsonville Fire Department. I shook their hand and I thanked them. As Senator Gipson knows, Massapequa is in my Senate district, and it was hit extremely hard by Sandy. And on the night that they were there, they had nine calls in Massapequa where houses went on fire and literally blew up from gas explosions.

And these gentleman, these men and women came down from their own village, their own town, without even thinking about anything else but saving people's lives and rescuing people.

The surge down there was anywhere from 4 feet to 9 feet high. The members of the Massapequa Fire Department, most of them lost their houses -- anybody who lived south of Merrick Road -- and they needed assistance. And they formed a bond with the brothers from Hughsonville.

And Senator, I thank you for this resolution. I look forward to them coming down to the dinner in a week, to the Massapequa Fire Department. But I stand just to thank them for their service and for their brotherhood in supporting the fire departments in my district.

ACTING PRESIDENT VALESKY:Thank you, Senator Fuschillo.

This resolution was adopted on March 19th.

We welcome our guests to the chamber. And Happy 100th Anniversary to the Hughsonville Fire Department.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Could we now take up Resolution Number 1395, by Senator Perkins, please have it read in its entirety, and call on Senator Perkins to speak.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1395, by Senator Perkins, honoring Dabney N. Montgomery upon the occasion of his designation for special recognition after a lifetime of loyalty and distinguished service as a renowned Tuskegee Airman.

"WHEREAS, From time to time this Legislative Body takes note of certain extraordinary individuals of remarkable courage and strength of character who risked their own lives for others, and stood with fortitude for freedom and humanity; and

"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor Dabney N. Montgomery upon the occasion of his designation for special recognition after a lifetime of loyalty and distinguished service as a renowned Tuskegee Airman, to be celebrated on Saturday, May 4, 2013; and

"WHEREAS, On April 18, 2013, Dabney N. Montgomery turned 90 years old; and

"WHEREAS, Born in Selma, Alabama, on April 18, 1923, to Dred and Lula Anderson Montgomery, Dabney Montgomery was drafted into the Army Air Corps (now the United States Air Force), during World War II and served in the 1051st Quartermaster Company of the 96th Air Service Group, attached to the 332nd Air Fighter Group, as a ground crewman with the Tuskegee Airmen in Southern Italy, from 1943 to 1945; and

"WHEREAS, A man of many achievements, Dabney Montgomery was awarded a Good Conduct Medal; the World War II Victory Medal; the European African Middle Eastern Service Medal with two Bronze Stars; a Service Award; the Honorable Service Medal; a Basic Driver and Mechanic Medal; and the New York State Senate Veterans Hall of Fame Award; and

"WHEREAS, To continue his education, in 1946 Dabney Montgomery enrolled into Livingstone College, located in Salisbury, North Carolina, and received a B.A. degree in Religious Education in May of 1949; he is a charter member of the Sphinx Club and was one of the first to be admitted into the Gamma Mu Chapter of the Alpha Phi Alpha Fraternity; and

"WHEREAS, Mr. Montgomery was an activist in the course of the civil rights movement and marched with the late Reverend Dr. Martin Luther King, Jr., throughout the 50-plus miles March from Selma to Montgomery, Alabama, from March 21-25, 1965; he also served as one of Dr. King's bodyguards; and

"WHEREAS, On April 11, 2006, former President George W. Bush signed a bill into law to award all Documented Original Tuskegee Airmen the united States Congressional Gold Medal of Honor; it was awarded on Thursday, March 29, 2007, under the Capitol Dome in Washington, D.C.; and

"WHEREAS, In December of 2006, Dabney Montgomery was selected by the Livingstone College National Alumni Association to receive the prestigious Outstanding Alumni Award; it was presented on February 2, 2007, by the National Alumni Council of the United Negro College Fund in Nashville, Tennessee; on February 4, 2010, he was inducted into the United Negro College Fund 'Share Your Love' and Service in Celebration of Livingstone College Leaders Hall of Fame; these distinguished awards recognize alumni who have made significant contributions to their alma mater, community, and the UNCF; and

"WHEREAS, Dabney Montgomery is involved in the Harlem community and is a member of Manhattan Community Board No. 10, where he serves on two subcommittees: parks and recreation, and the executive committee. As a member of the parks and recreation committee, he wrote a letter to the Parks Department of the City of New York as a proposal to recognize Central Park West (at 85th and 86th Streets) as the historical site of African-American settlers in the early 1820s, which was then Seneca Village; Mother Zion was, for a short time, located there; and

"WHEREAS, The settlers were evicted in 1857 under the City's 'eminent domain' project; a permanent sign now stands marking the site; and

"WHEREAS, Dabney Montgomery is currently the chaplain of the West 136th Street 200th Block Association; and

"WHEREAS, Mr. Montgomery has received numerous awards for his community involvement, including the Social Action Award for his civil rights activism; an 'American Hero' declaration; a Trailblazer Award from the International Brotherhood of Teamsters; a Tuskegee Airmen Legacy Award for heroic and dedicated service; and a Citation for Extraordinary Service to Our Nation and Sacrifices in the Civil Rights Movement; and

"WHEREAS, Dabney Montgomery is truly a person who loves his family and country; his pride, faith, and distinguished service make him meritoriously worthy of this designation; and

"WHEREAS, It is the sense of this Legislative Body that when individuals of such noble aims and accomplishments are brought to our attention, it is appropriate to publicly proclaim and commend those individuals for the edification and emulation of others; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to honor Dabney N. Montgomery upon the occasion of his designation for special recognition after a lifetime of loyalty and distinguished service as a renowned Tuskegee Airman; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Dabney N. Montgomery."

ACTING PRESIDENT VALESKY:Senator Perkins on the resolution.

SENATOR PERKINS:Thank you very much, Mr. President.

This is a great honor for me to be able to pay my respects, pay our respects to not just an individual who, as you've read, has rather outstanding accomplishments and contributions, but really it's a representation of American history, someone who has been remarkable.

Just think about the legacy of the Tuskegee Airmen. And then when you think about that legacy and include in it the likes of the Honorable Percy Sutton, former borough president of Manhattan, another Tuskegee Airman from Harlem, as well as Roscoe Brown, president of the Borough Community College in the Bronx, another Tuskegee Airman, Harlem.

So we're also talking about the legacy not only of this individual, but also the legacy of the district that I have the privilege of representing, the legacy of this great country, as these Tuskegee Airmen have so valiantly defended it and represented it and have been role models for so many of us -- not simply by virtue of what they did in the sky, but what they also did on the ground in our communities in terms of our community boards, in the political arena.

Some of you may remember the Honorable Percy Sutton, before he became our borough president, he served in Albany and was the founder of what has become the world-renowned Black and Puerto Rican Legislative Caucus, which has made extraordinary landmark legislation that brought this institution, this place which governs our state, in the forefront of progressive, visionary-type legislation and policy.

So this is a trailblazer who has walked with these giants and who today we are representing as a tribute not simply to him, but to his country and to his community. And also obviously a man who is faith-based, so that his vision is informed with morality. And his visibility in our community helps our young people understand that they too can be like him.

He unfortunately is not here. We almost lost him to an illness, but thank God he will be with us in celebration of his birthday. Coincidentally, his birthday is April 18th, the same day as mine. And I'm looking forward to celebrating that day with him with this proclamation, which will be presented to him as a birthday card greeting from all of us.

Thank you very much.

ACTING PRESIDENT VALESKY:Thank you, Senator Perkins.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT VALESKY:Opposed, nay.

(No response.)

ACTING PRESIDENT VALESKY:The resolution is adopted.

Senator Libous.

SENATOR LIBOUS:We're going to open this resolution up for cosponsorship at the request of Senator Perkins. So if any member wishes not to be on it, let the desk know.

ACTING PRESIDENT VALESKY:So ordered.

Senator Libous.

SENATOR LIBOUS:Resolution Number 1235, by Senator Grisanti, was previously adopted. At this time could we have it read in its entirety and call on Senator Grisanti.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1235, by Senator Grisanti, commemorating the 43rd Anniversary of Earth Day on April 22, 2013.

"WHEREAS, It is the sense of this Legislative Body to recognize and pay tribute to those organizations and persons dedicating their purposeful work to increasing public awareness of, and appreciation for, the natural resources of New York, recognizing the role all citizens have in protecting the environment and the quality of life in this Empire State; and

"WHEREAS, Responding to widespread environmental degradation, Gaylord Nelson, a United States Senator from Wisconsin, called for an environmental teach-in, or Earth Day, to be held on April 22, 1970; over 20 million people participated that year; and

"WHEREAS, Earth Day is now observed each year on April 22 by more than 500 million people and national governments in 175 countries; and

"WHEREAS, In the 43 years that have passed since the original Earth Day, the planet has been subjected to the continuing burdens of world population growth, increasing commercial and residential development, ocean pollution, increasing stores of toxic and nuclear waste, and other similar assaults which have exacerbated the growing dangers of global climate change, ozone depletion, toxic poisoning, deforestation and mass species extinctions; and

"WHEREAS, Following the first Earth Day, and the demonstrations of concern of over 20 million Americans, a collective national action has resulted in the passage of sweeping new laws to protect the invaluable resources of air, land and water; and

"WHEREAS, A sound natural environment is the foundation of a healthy society and a robust economy, in that it works hand in hand with the creation of green jobs, boosts sustainable agriculture in communities and allows for New Yorkers to take in the natural elements that have defined our state; and

"WHEREAS, Human activities around the world are causing severe environmental damage that threatens human health and our planet's ability to sustain a diverse community of life such as a heavy dependence on fossil fuels, widespread use of toxic chemicals in food and other consumer goods, devastation of forests, hazardous chemicals that have affected children and families in our many environmental justice communities; and

"WHEREAS, The knowledge of ways to live in harmony with our environment and methods and technologies to accomplish this end already exists in the pristine natural resources that New York State has to offer for sustainable communities in rich agriculture, clean waters and a movement that promotes reliance on renewable energy resources and recycling; and

"WHEREAS, Local communities can do much to reverse environmental degradation and contribute to building a healthy society by promoting energy conservation, sustainable land use policies, and public transit; and

"WHEREAS, There are sound economic, environmental, and social reasons for local governments to initiate energy efficiency and renewable energy practices; and

"WHEREAS, The environmental realities of our time require humans to make a dramatic shift in our relationship to the earth; and

"WHEREAS, April 22, 2013, marks the 43rd Anniversary of Earth Day, a day set aside to celebrate the beauty and bounty of our environment and to revitalize the efforts required to protect, and maintain respect for, the environment and its resources; and

"WHEREAS, Earth Day 2013 activities and events will educate all citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting more ecologically sound lifestyles; and

"WHEREAS, The goal of Earth Day 2013 is not to plan only one day of events and activities, but to continue worldwide efforts to protect all aspects of the environment; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to commemorate the 43rd Anniversary of Earth Day on April 22, 2013; and be it further

"RESOLVED, That New York commits itself to undertaking programs and projects that enhance our community's natural environment; and be it further

"RESOLVED, That New York State hereby encourages its residents, businesses and institutions to use Earth Day to celebrate the Earth and commit to building a sustainable society; and be it further

"RESOLVED, That this Legislative Body congratulate all the concerned citizens of New York State who have embraced the responsible work of protecting and preserving the environment for future generations."

ACTING PRESIDENT VALESKY:Senator Grisanti on the resolution.

SENATOR GRISANTI:Yes, thank you, Mr. President. I appreciate the short version of that resolution that was just read.

You know, 43 years ago, the anniversary of Earth Day. And when you talked about over 500 million people, 170 countries, that's what's actually taken part.

And I don't know if anybody in this chamber has had the opportunity over this past weekend to take part in any cleanup efforts in your neighborhood, whether it's creeks or rivers, or do some recycling, or possibly do a prescription program with your local DEA to get the prescription drugs off the streets rather than flushing them down the toilets.

There's many things that can be done. Plant a tree. Do whatever you can. But as it said in the resolution, just don't do it for one day -- yesterday -- and that's it.

We've come a long way in the last two years of my being the chair of the En Con Committee. We're made great strides in legislation that is being done to protect our environment, our air, our water. We've got to continue to do that. There are numerous bills that are on the agenda today that also do that as well.

We have members in the audience here that are part of the En Con Police, part of the Forest Rangers, that help make sure that the regulations we put forward are actually being followed and not to a detriment of our environment, whether it's spilling, whether it's waste dumping, protecting our birds, fisheries, so on and so forth.

But with that said, you've got to take the opportunity also to recognize the work that is done throughout your districts of your own constituents. And sometimes, you know, we don't take time to say thank you to them. But in fact this past weekend we had over 2,000 volunteers in our area that took part in cleanup efforts, with hundreds and hundreds of tons of debris that were removed from some of these rivers and some of these lake beds.

So we've got to thank our constituents in every region of the state, the interest groups that keep us apprised of the situation that's needed to be done to protect the environment, the government agencies, our fellow colleagues, both the Assembly and the Senate, for moving forward on legislation that protects our environment. And we've got to make sure to keep New York the great state it is today, but not just stop there, push for the state to become even better.

So over the last four decades we've taken tremendous strides forward here to improve our air quality and water, protect our forests and our watersheds. So this year's budget, as you know, there's additional money in EPF that will help us more further to secure that effort.

And I just want to remind everybody that also Friday is Arbor Day. Go out there, recycling efforts, plant trees, get involved with the community, have your office get involved with the community and moving forward for this environment.

I thank you, Mr. President, for the previous adoption of this on April 17th. Thank you for allowing me the opportunity to speak.

ACTING PRESIDENT VALESKY:Thank you, Senator Grisanti.

Senator LaValle on the resolution.

SENATOR LaVALLE: Thank you, Mr. President.

I certainly want to say that reading the resolution and Senator Grisanti's remarks were very admirable.

And this is a very, very important occasion, Earth Day, but it's also followed by Arbor Day, which is the 26th of April. Resolution 1397 is on the calendar. Many of the members here are sponsoring that legislation.

What makes Earth Day and Arbor Day even more special this year is that we have suffered from two storms, Hurricane Sandy followed by Storm Nemo, which brought snow and other rain upon Long Island and was very, very damaging.

Both storms claimed life and property. But at the same time it claimed, it ravaged our environment, our trees and all of the environs, that as you drive down the highway from one community to the next, you see almost like a tornado went in, and tree upon tree just damaged.

I have started in my own senatorial district a Plant the Tree program to try and get individual citizens, groups, civic associations, schools, Boy Scouts, Girl Scouts involved in the planting and replacing of the trees that were downed because of the storm.

Arbor Day was created in 1872, so it's been around for a long time. And as prior generations have planted trees, future generations have reaped the benefit. Trees do so much in terms of replacing water and oxygen, protecting us and giving us shade and comfort.

But just in closing, many times as I travel or hike in the Adirondacks I take a few moments to just sit on a log and look at the trees and listen to the symphony of wind passing through the trees and the leaves fluttering -- the rabbits, the deer, the squirrels. And all of this, and I mention this, are interdependent as part of our nature.

We are stewards of our environment. And whether it's on Earth Day or Arbor Day, I think we need to be the citizen and be the steward of our environment.

As many of you know, I pride myself on being involved with groups who are involved in the environment. And that came from my own grandfather, who told me to leave the environment in a better place than when I found it. So I hope that all of us can take that heed and make sure that our environment is better today than it was yesterday.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator LaValle.

Senator Marcellino on the resolution.

SENATOR MARCELLINO:Thank you, Mr. President.

And thanks to Senator Grisanti for carrying this very important resolution, because it reminds us of what we're all about here.

We have only one planet. Last I looked, they're not making any more. How we treat it is a testament to us, our character and our caring for future generations who will inherit this planet from us.

As Senator LaValle just said, and correctly so, it is our responsibility to leave it better than we found it -- not in the same place, but better.

Sandy, as has been mentioned several times today in various resolutions, reminded us or should remind us of the fragility of our environment, of the fragility of the habitats that exist around us. You have to drive any road in an area impacted by Sandy -- I drive throughout my district all the time on the North Shore of Long Island. Trees are down, holes exist in areas that used to be dense forest. They're down, they're bare now. You can see the destruction from this one storm followed by that other storm, Nemo, that came in afterwards and kind of like compounded a felony on the environment.

We have a lot of work to do. Arbor Day is a good day. Plant more trees. Plant the right kinds of trees. Make sure they jell and mesh with your habitat. Make sure that they belong in the environment that you put them. Let's not bring in invasive species to areas that they don't belong where they'll create more trouble than we need.

So let's watch what we're doing, let's honor the environment, let's care for it, let's maintain it for future generations, as has been said. But let's not just do this one day a year. Arbor Day shouldn't be one day a year. There's no reason why we can't go out and honor the environment and honor our planet every single day we're here.

You don't have to wait till Arbor Day to plant a tree. Go out and do it now. You don't have to wait till the 22nd of this month to honor Earth Day. This is a day we should honor and this is a thing we should celebrate each and every day of the year, and we should never forget it.

Little children in the schools are reminded by their teachers routinely now, routinely, about recycling, about reusing and renewing the environment. This is something that is important. This is something we should all be involved in -- again, not just one day a year, but every single day we should be involved in this. We should keep it in my minds and in our hearts.

Again, to repeat my colleague's very apropos words, it is important that we maintain our planet, it is important that we look at Superstorm Sandy as a warning of just how fragile this place we live in is, just how fragile our environment and just how fragile those habitats that exist all around us are, and we have to protect them and preserve them for future generations.

Mr. President, again, I thank my colleagues for bringing this resolution up. And again, just remember: Never forget the environment.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Marcellino.

This resolution was adopted on April 17th.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

And I'd like to take up Resolution Number 1294, by Senator Stewart-Cousins. I would ask you to read the title only and then call on Senator Krueger.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1294, by Senator Stewart-Cousins, recognizing Thursday, April 25th, 2013, as Take Our Daughters and Sons To Work Day.

ACTING PRESIDENT VALESKY:Senator Krueger on the resolution.

SENATOR KRUEGER:Thank you, Senator Valesky.

So today we are honoring Take Our Children To Work Day. It was once Take Our Daughters To Work Day and then, fascinatingly, young men started saying "But I want to go to work too and learn what's going on." And so I am actually very happy that it has become a Take Your Children To Work Day.

And I actually don't have any children, but I have quite a few nephews and nieces. And I have with me today two of my nephews, who have been following me through work today, twins Michael and Peter. Peter is back there; this is Michael.

And I think that coming to work with their aunt today like other children all over hopefully the country, going to work with their parents or aunts and uncles over the course of the last week and next week, are learning that all kinds of things happen at jobs.

We went to committee meetings. We reviewed bills. We actually went through individual bills and questions my young, smart nephews had. They have sat here on the floor of the Senate and they have listened to the resolutions, so they saw visitors from Taiwan come here, they heard about the importance of Earth Day, they heard about sporting events. Hopefully soon they will see us actually voting on bills. It's only 5:30 now.

And so some of the lessons hopefully that they will take from their day at work, as children all over this country will take from going to work with their family members, is a better understanding of both the responsibilities of adults in the workplace, the different kinds of work everyone does, the responsibilities that come with those jobs, including sometimes wondering how long you're going to wait in a particular room for things to happen.

So I certainly know that I want to open up Senator Andrea Stewart-Cousins's resolution for everyone to support Take Your Children To Work Day. I hope that this year and next year more people will take an opportunity to bring their children, their nieces and their nephews, to work with them so they can learn what goes on.

I know just in talking to my nephews today, they learned quite a bit about what my daily life is and that they might not ever have seen if they didn't come across the border from New Jersey to New York to come up to our great Capitol and spend the day with me.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Krueger.

A special welcome to Senator Krueger's two nephews who are joining us today.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT VALESKY:Opposed, nay.

(No response.)

ACTING PRESIDENT VALESKY:The resolution is adopted.

The resolution is open for cosponsorship. Any member who wishes not to cosponsor the resolution should notify the desk.

Senator Libous.

SENATOR LIBOUS:Mr. President, could we have the reading of the noncontroversial calendar, please.

ACTING PRESIDENT VALESKY:We most certainly can.

The Secretary will read.

THE SECRETARY:Calendar Number 32, by Senator Gallivan, Senate Print 90, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59. Nays, 2. Senators Espaillat and Serrano recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 34, by Senator Grisanti, Senate Print 1600, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 5. This act shall take effect on the 180th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 111, by Senator Gallivan, Senate Print 91, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 180th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 181, by Senator Libous, Senate Print 3580, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 5. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar Number 181, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.

Ayes, 58. Nays, 4.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 182, by Senator Gallivan, Senate Print 3757, an act to amend Chapter 326 of the Laws of 2011.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar Number 182, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.

Ayes, 58. Nays, 4.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 184, by Senator Nozzolio, Senate Print 3929, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar Number 184, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.

Ayes, 58. Nays, 4.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 219, by Senator Grisanti, Senate Print 1584, an act to amend the Civil Service Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 5. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 244, by Senator Fuschillo, Senate Print 754A, an act to amend the Vehicle and Traffic Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the first of November.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 252, by Senator Robach, Senate Print 1018, an act to amend the Penal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the first of November.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 283, by Senator Grisanti, Senate Print 1711B, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect July 1, 2014.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT VALESKY:Senator Grisanti to explain his vote.

SENATOR GRISANTI:Yes, thank you, Mr. President.

Like I said, we have in the gallery today -- I want to recognize again we have police officers from Environmental Conservation as well as Parks and Rangers.

And that previous bill was very important to them in the fact that it brings them to a standard. You guys may not realize this, but let's say somebody on an application for the police lied to it, they found out about it afterwards. They can't do anything to that person and get them off the force. So they have numerous people that are on this waiting list, some of them have criminal histories, can't even be involved in anything.

This legislation actually puts them where they should be. Because all New York State Environmental Conservation Officers, Forest Rangers -- as you know, our police officers, with statewide authority, their codes and conduct standards and training meet or exceed those of municipal police agencies or other state agencies, so their hiring standards and requirements for good moral character should meet or exceed those of other municipal agencies as well.

So I appreciate you guys being here, your advocacy on that particular vote.

I know we're on the shark fin vote -- because that was a bill two times ago and I had to take a meeting outside.

(Laughter.)

SENATOR GRISANTI:If you want me to go back, we have police officers in here. That's on Senate Bill 1584 that I'm talking about. I chair the En Con Committee, so I missed that when you guys voted on it. We were doing resolutions for the last two hours.

(Laughter.)

SENATOR GRISANTI:So now we're on shark fins.

Officers, thank you, you can go to your function right now. They do have a function, so I'd suggest everybody go to it.

The shark fin bill, very important.

(Laughter.)

SENATOR GRISANTI:Every year 73 million sharks are killed all over the world. It sells for over $400 a pound, and the worst offenders are New York City. I don't know why you guys eat shark fin soup downstate.

(Laughter.)

SENATOR GRISANTI:You know what I mean? So the point is, on the East Coast, we would be the first state on the East Coast, with Virginia and New Jersey not too far behind, passing this legislation. California, Washington, Oregon, as well as Hawaii, they banned possession of shark fins.

It's a practice that is not only killing the sharks for their fins, it's inhumane, and this legislation will prevent this cruel and unsustainable practice.

I vote aye, Mr. President. Thank you.

ACTING PRESIDENT VALESKY:Senator Grisanti to be recorded in the affirmative.

Senator Krueger to explain her vote.

SENATOR KRUEGER:Thank you.

Well, I was pretty sure we were on the shark fin bill, so I'm glad that Senator Grisanti clarified all that.

I stand to thank Senator Grisanti for moving this shark fin bill. I think it is an important bill to pass. I also think in the context of Earth Day, it's important for us to recognize that our behaviors as humans can cause extreme negative impact on animal species, animal species that we need to ensure are there and survive.

And that the abuses of taking shark fins, ripping them from the sharks and sometimes throwing the still-alive shark back in the oceans, is cruel and bad environmental stewardship.

And yes, we've passed certain laws already in this state, but expanding those laws with this bill that will hopefully pass both houses will ensure that the sale of shark fin products in the State of New York is not allowed and will serve as even more of a deterrent from anyone wanting to continue the very disturbing practices of ripping the shark fins from the sharks and selling only those.

So I am very glad that on Earth Day, Earth Week, we are passing this important piece of legislation.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Senator Krueger to be recorded in the affirmative.

Senator Hoylman to explain his vote.

SENATOR HOYLMAN:Thank you, Mr. President.

I just wanted to congratulate my colleague Senator Grisanti on this important bill and join my colleague Senator Krueger in supporting it.

You know, 73 million sharks each year are killed for the shark fin trade. And yes, many of those shark fins do end up in places like New York City. In my district alone, I counted at least five restaurants that sell shark fin soup.

I encourage my colleagues actually to go to the website of restaurants of the Animal Welfare Institute and determine which restaurants in their locality are serving it. In New York alone, there are 65 restaurants. So I'm so happy that this bill will address that.

You know, in addition to the 73 million sharks that are killed each year, those are sharks that are in declining numbers. Sharks like hammerhead, sandbar, mako, bull, tiger sharks, they have experienced deadlines in their population of 90 to 99 percent. And this bill will stave that decline.

I think sharks have a bad rap among our citizenry. But it will be efforts like this that will help maintain the balance of our oceans and end this terrible trade that serves really no purpose.

So thank you very much. And thank you, Senator Grisanti, for this bill.

ACTING PRESIDENT VALESKY:Senator Hoylman to be recorded in the affirmative.

Senator Boyle to explain his vote.

SENATOR BOYLE:Mr. President, as New York State's legislative commissioner for the Atlantic States Marine Fisheries Commission, I'd like to thank my colleague Senator Grisanti for his leadership on this issue and my colleagues for passing this legislation.

Shark finning is completely inhumane. Without the fin, the shark cannot swim, it actually sinks to the bottom of the ocean.

I urge all of you to go on, besides the website Senator Hoylman was talking about, the restaurants, there's a picture of the shark fins in California or the West Coast showing thousands of shark fins laid out for drying. All those sharks died giving those fins, thousands and thousands of them. It's unbelievable this many sharks were killed just for their fin.

We can do better than this. I commend my colleagues for stopping this practice in New York State. Let's end it today. Thank you. I vote in the affirmative.

ACTING PRESIDENT VALESKY:Senator Boyle to be recorded in the affirmative.

Senator Stavisky to explain her vote.

SENATOR STAVISKY:Yes, thank you, Mr. President.

Last year -- and I rise to support the bill. But last year my office did a survey of restaurants in Flushing, and we could not find a single restaurant that had shark fin soup on the menu. This may be an underground -- or underwater -- an underground problem, but it's something that we've got to stop, they don't belong on our menus, and I vote aye.

ACTING PRESIDENT VALESKY:Senator Stavisky to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 286, by Senator Zeldin, Senate Print 3823A, an act to amend the Environmental Conservation Law.

SENATOR LIBOUS:Lay it aside for the day, please.

ACTING PRESIDENT VALESKY:The bill is laid aside for the day.

THE SECRETARY:Calendar Number 288, by Senator Grisanti, Senate Print 4219, an act to amend Chapter 84 of the Laws of 2010.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator Serrano recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:In relation to Calendar 288, those recorded in the negative are Senators Espaillat and Serrano.

Ayes, 60. Nays, 2.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 289, by Senator Zeldin, Senate Print 4220, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator LaValle recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 290, by Senator Zeldin, Senate Print 4221, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator LaValle recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 291, by Senator LaValle, Senate Print 4222, an act to amend Chapter 366 of the Laws of 2011.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar 291, those recorded in the negative are Senators Espaillat, Perkins and Serrano.

Ayes, 59. Nays, 3.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 292, by Senator Zeldin, Senate Print 4567, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 6. This act shall take effect on the 30th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 293, by Senator Klein, Senate Print 2367, an act to amend the Education Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the first of September.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61. Nays, 1. Senator Montgomery recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 306, by Senator Grisanti, Senate Print 2075, an act to amend the Executive Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 307, by Senator Maziarz, Senate Print 2522, an act to amend the Public Service Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 7. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT VALESKY:Senator Maziarz to explain his vote.

SENATOR MAZIARZ:Thank you very much, Mr. President.

This is an extremely important bill in the renewable energy system that we have here in New York. This is going to encourage more solar development. It does put in statute the Governor's New York Sun Program. It allocates $146 million a year over the next 10 years for solar initiatives in New York State.

But more importantly, I think, the second part of this bill provides tax credits for solar and energy storage manufacturing located here within the State of New York.

I think this is a giant leap forward when it comes to the development of solar. It's going to allow New York State to catch up to other northeast states like New Jersey in solar and renewable energy development.

This is one of the "superbills" chosen by the environmental advocates, many of the environmental groups here in the New York State. I think it's very fitting that we should do this on the day that we are celebrating Earth Day, the day after Earth Day.

And I do want to acknowledge my colleague Senator Grisanti and his staff and also my staff for working with many different groups, business organizations throughout the state, to try to come to some accommodation in legislation that everyone would like and support.

So I think this is an excellent bill, and I would encourage my colleagues to join me in supporting it. Thank you.

ACTING PRESIDENT VALESKY:Senator Maziarz to be recorded in the affirmative.

Senator Gipson to explain his vote.

SENATOR GIPSON:Thank you, Mr. President.

I just want to thank Senator Maziarz for bringing this bill to the floor. Simply put, this solar bill will create many jobs in New York State. It will reduce the cost of living in New York State. And it will begin to move New York State away from our reliance on fossil fuels.

I think it's exactly the kind of creative thinking we need to be doing more of here in the New York State Senate, and I look forward to working with Senator Maziarz and doing more things like this.

Thank you. I will be voting yes.

ACTING PRESIDENT VALESKY:Senator Gipson to be recorded in the affirmative.

Senator Grisanti to explain his vote.

SENATOR GRISANTI:Yes, thank you, Mr. President.

First of all, I want to commend Senator Maziarz for his hard work as well, and his staff. This comprehensive legislation to me is an environmental superbill, one that I'm pleased to also cosponsor along with him. It solidifies the state commitments for solar energy. It actually goes ahead and extends what Governor Cuomo did by another 10 years, to 2023. And it has the tax credits to allow businesses and other businesses to get involved into the program first of all.

We're currently ranked 12th nationally in cumulative installation of solar panels. We're going to do better. This legislation will help us do better.

The amount of megawatts that can be done with regards to solar is tremendous. We're talking hundreds of thousands of homes that it could actually power. And solar energy, believe it or not, creates more jobs per single megawatt installed than any other energy source that's available.

So these jobs, broad-range education requirements, very, very high-paying quality jobs. I vote aye. It's about time we moved forward on solar energy.

Thank you again, Mr. President.

ACTING PRESIDENT VALESKY:Senator Grisanti to be recorded in the affirmative.

Senator Marcellino to explain his vote.

SENATOR MARCELLINO:Yes, Mr. President.

And I thank my colleague Senator Maziarz for the work he's done and the leadership he's shown on this extremely important issue. Solar power, like wind power, like all renewable fuels, that's the future. That is the future. And we've got to get involved and we've got to stay involved.

This state is moving in the right direction. This source of power has many, many opportunities that are yet untapped. You can put them all over the place. You can put them on roofs, you can put them over parking lots as solar arrays, you can heat your pool with it, you can heat -- you know, it's just the hot water heating in your own home. Pick a use, this stuff can augment it or replace the current burning of fossil fuels.

The less use of fossil fuels we have, the cleaner our air, the more independent we are as a nation, more free of our, quote, unquote, friends in the Middle East. We need this form of energy. We need to move ahead with it. We need to bring it here to New York, we need to develop it, we need to manufacture the solar panels, which are now very easy to install and very cheap to get.

This is the future, and we ought to be on board. And I thank again Senator Maziarz for his leadership in this very good field. I vote aye.

ACTING PRESIDENT VALESKY:Senator Marcellino to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 310, by Senator Marchione, Senate Print 4080, an act to amend the Executive Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

Senator Libous.

SENATOR LIBOUS:Mr. President, is it true that that's the first bill that Senator Marchione has passed in the house?

ACTING PRESIDENT VALESKY:Yes, it is.

SENATOR LIBOUS:Congratulations, Senator Marchione.

ACTING PRESIDENT VALESKY:Congratulations, Senator Marchione.

(Applause.)

ACTING PRESIDENT VALESKY:The Secretary will continue to read.

THE SECRETARY:Calendar Number 383, by Senator Flanagan, Senate Print 1456, an act to amend the Penal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the first of November.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60. Nays, 2. Senators Montgomery and Perkins recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 384, by Senator Grisanti, Senate Print 1721A, an act to amend the Penal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 25. This act shall take effect on the 60th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT VALESKY:Senator Grisanti to explain his vote.

SENATOR GRISANTI:Yes, thank you, Mr. President.

You know, Governor Cuomo and this conference has proclaimed April as Child Abuse Prevention Month in New York State. And the bill we're voting on today has passed in the past with unprecedented results. The Assembly just picked up a different sponsor on it. It needs to move forward.

The Protect Our Children Act sends a strong message to people who abuse children it's unacceptable and child abusers should be punished to the full extent of the law. This bill will protect children from physical and psychological abuse at the hands of their parents, guardians or persons in a position of trust.

And it recognizes the key role law enforcement plays in keeping people safe. Every minute a child is missing places a child in danger. Therefore, there are issues with regard to this bill that will prevent and stop people from not reporting when a child is missing.

And further, it has other provisions in there, just like Amanda Wienckowski's Law, about -- because believe it or not, in this state we don't actually have a law where -- if you conceal a body, it's really not a crime. So that is also in here as well.

The Protect Our Children Act, as I said, passed the Senate last year. I want to appreciate all those that did that as well. Let's pass it again this year. And I urge you to tell your Assembly members in your districts to move it forward to protect our children on this particular very important issue.

I vote aye, Mr. President.

ACTING PRESIDENT VALESKY:Senator Grisanti to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 62.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 386, by Senator Golden, Senate Print 2180, an act to amend the Penal Law.

SENATOR LIBOUS:Lay it aside for the day.

ACTING PRESIDENT VALESKY:The bill is laid aside for the day.

THE SECRETARY:Calendar Number 388, by Senator Klein, Senate Print 2431, an act to amend the Penal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 6. This act shall take effect on the first of November.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59. Nays, 3. Senators Hassell-Thompson, Montgomery and Perkins recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 389, by Senator Lanza, Senate Print 2458, an act to amend the Penal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 60th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT VALESKY:Senator Gipson to explain his vote.

SENATOR GIPSON:Thank you, Mr. President.

You know, my mother always told me that too much of anything is a bad thing, and I think that that saying is something that served me well and served this body well too.

You know, crime happens in a cycle of sort of three different things that happen. There's the cause of the crime, there's the crime, and then there's the punishment of the crime.

We spend a lot of time in this body coming up with laws that deal with the punishment of the crime. I would like to see us spending more time on laws that deal with the cause of the crime, the prevention of the crime.

We have a gang problem, which is what this bill deals with, and we have a drug problem, which is what the previous bill dealt with, because we have a very unaffordable cost of living here in the state, we have a lack of really good jobs, and our poor communities have no access to really good education. That is the root cause of the issues of these crimes that we're passing laws on. And we need to get serious about addressing them.

I will be voting yes for this bill. Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Senator Gipson to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 389, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Parker, Rivera, Sanders, Serrano. Also Senator Perkins.

Ayes, 54. Nays, 8.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 390, by Senator O'Mara, Senate Print 3639, an act to amend the Penal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 6. This act shall take effect on the first of November.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT VALESKY:Senator Young to explain her vote.

SENATOR YOUNG:Thank you, Mr. President.

I rise to commend Senator O'Mara for his leadership in this issue in dealing with methamphetamines. Meth is one of the most addictive, destructive drugs around. It's been a scourge, I know, in the Southern Tier for many years. And so, Senator O'Mara, thank you so much for tackling this issue by increasing penalties.

Several years ago in the city of Jamestown, there was a house that was raided by the police. And when the police went upstairs, they found a pot boiling but there wasn't any flame underneath the pot. It was boiling because of the toxic chemicals that were being mixed to create methamphetamine. And the city had to tear down that entire structure because it was so contaminated and it put all the neighborhood at risk.

Now there's a new method for cooking meth; it's called the one-pot or the shake-and-bake. And all you have to do is take a two-liter soda bottle -- in my area, they say pop -- a two-liter soda bottle and mix all the ingredients together. And the State Police are telling me they're finding these empty two-liter soda bottles tossed to the side of the road. Again, contaminating the environment but, more importantly, ruining people's lives.

So thank you again, Senator O'Mara. And I appreciate all of our colleagues' support on this very important issue. I vote aye.

Thank you.

ACTING PRESIDENT VALESKY:Senator Young to be recorded in the affirmative.

Senator O'Mara to explain his vote.

SENATOR O'MARA:Thank you, Mr. President. I rise obviously in support of this bill and urge my colleagues to support this as well.

As Senator Young so well articulated, meth continues to be a problem and a scourge across upstate New York, and particularly in the Southern Tier. In fact, right now as we speak, in the city of Elmira the Elmira Police Department, the Elmira Fire Department and hazmat teams are on site with a suspected meth lab within the city of Elmira. This happens on a regular basis throughout my district, and it's something that we need to continue to stay in front of.

We have done a lot on meth in recent years here in the Legislature, which has been good, and we need to continue to improve upon that to help our law enforcement officials deal with the tragedies and the very unsafe conditions that are created by these meth labs, to protect our communities. Oftentimes young children are involved in the homes where these meth labs take place.

And it's very explosive. Many fertilizer components, anhydrous ammonia, are used in the manufacture of meth. We've seen how dangerous the fertilizers can be, as the example of the fertilizer plant explosion in Texas last week. While on a smaller scale, this material still is extremely explosive and extremely dangerous in our communities, and we need to continue to do all we can to fight against this in our communities.

Thank you, Mr. President. I vote in the affirmative.

ACTING PRESIDENT VALESKY:Senator O'Mara to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar Number 390, those recorded in the negative are Senators Hassell-Thompson, Krueger, Montgomery, Perkins and Serrano.

Ayes, 57. Nays, 5.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 392, by Senator Gallivan, Senate Print 4342, an act to amend the Correction Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the 30th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar Number 392, those recorded in the negative are Senators Hassell-Thompson, Montgomery, Parker, Perkins, Sanders and Serrano.

Ayes, 56. Nays, 6.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 394, by Senator Golden, Senate Print 4445A, an act to amend the Penal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:In relation to Calendar Number 394, those recorded in the negative are Senators Hassell-Thompson, Montgomery, Parker and Perkins.

Ayes, 58. Nays, 4.

ACTING PRESIDENT VALESKY:The bill is passed.

Senator Libous, that completes the reading of today's calendar.

SENATOR LIBOUS:Thank you, Mr. President.

Is there any further business at the desk?

ACTING PRESIDENT VALESKY:The desk is clear.

SENATOR LIBOUS:Well, I have some further business, Mr. President.

First, I would like to announce an immediate meeting of the Banks Committee in Room 124.

But before anybody runs to Room 124 and the Banks Committee, I'd like to wish our colleague Senator Gianaris a very happy birthday today. It is his birthday.

(Applause.)

ACTING PRESIDENT VALESKY:Happy birthday, Senator Gianaris.

SENATOR LIBOUS:And now that Mike and I are the same age --

(Laughter.)

SENATOR LIBOUS:Mr. President, there being no further business at the desk, I move that we adjourn until Wednesday, April 24th, at 11:00 a.m.

ACTING PRESIDENT VALESKY:Meeting of the Senate Committee on Banks in Room 124.

On motion, the Senate stands adjourned until Wednesday, April 24th, at 11:00 a.m.

(Whereupon, at 6:01 p.m., the Senate adjourned.)