Wednesday, June 4, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 4, 2008 11 11:08 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to rise and join 5 with me as we recite the Pledge of Allegiance 6 to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, I ask that we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: The 15 reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, June 3, the Senate met pursuant to 18 adjournment. The Journal of Monday, June 2, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT GRIFFO: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Thank you 9 very much, Mr. President. 10 Amendments are offered to the 11 following Third Reading Calendar bills: 12 Sponsored by Senator Young, page 13 number 12, Calendar Number 270, Senate Print 14 Number 406; 15 By Senator Libous, page number 46, 16 Calendar Number 1136, Senate Print Number 17 6828; 18 By Senator Little, page number 65, 19 Calendar Number 1396, Senate Print Number 20 7729; 21 By Senator Golden, page number 56, 22 Calendar Number 1279, Senate Print Number 23 8196. 24 I now move that these bills retain 25 their place on the order of third reading.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Thank 2 you, Senator. 3 The amendments are received and 4 adopted, and the bills will retain their place 5 on the Third Reading Calendar. 6 Senator Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, I understand there are some 9 substitutions at the desk. Can we have those 10 done now, please. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read. 13 THE SECRETARY: On page 25, 14 Senator Maltese moves to discharge, from the 15 Committee on Civil Service and Pensions, 16 Assembly Bill Number 9898 and substitute it 17 for the identical Senate Bill Number 7158, 18 Third Reading Calendar 654. 19 On page 32, Senator Volker moves to 20 discharge, from the Committee on 21 Transportation, Assembly Bill Number 695 and 22 substitute it for the identical Senate Bill 23 Number 6630, Third Reading Calendar 857. 24 On page 37, Senator DeFrancisco 25 moves to discharge, from the Committee on

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(518) 371-8910 1 Rules, Assembly Bill Number 11096 and 2 substitute it for the identical Senate Bill 3 Number 7997, Third Reading Calendar 946. 4 On page 39, Senator Marcellino 5 moves to discharge, from the Committee on 6 Rules, Assembly Bill Number 10397 and 7 substitute it for the identical Senate Bill 8 Number 6545, Third Reading Calendar 990. 9 On page 57, Senator Saland moves to 10 discharge, from the Committee on Finance, 11 Assembly Bill Number 1033A and substitute it 12 for the identical Senate Bill Number 1599A, 13 Third Reading Calendar 1298. 14 And on page 69, Senator Saland 15 moves to discharge, from the Committee on 16 Commerce, Economic Development and Small 17 Business, Assembly Bill Number 9478B and 18 substitute it for the identical Senate Bill 19 Number 6547, Third Reading Calendar 1457. 20 ACTING PRESIDENT GRIFFO: The 21 substitutions are so ordered. 22 Senator Marcellino. 23 SENATOR MARCELLINO: Thank you, 24 Mr. President. 25 It's my understanding there is a

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(518) 371-8910 1 resolution at the desk, Number 6290, by 2 Senator Bonacic. May we please have it read 3 in its entirety and move for its immediate 4 adoption. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Bonacic, Legislative Resolution Number 6290, 9 commending the Valedictorians, Salutatorians 10 and Honored Students of the 42nd Senate 11 District, in recognition of their outstanding 12 accomplishments, at a celebration to be held 13 at the State Capitol on June 4, 2008. 14 "WHEREAS, It is the sense of this 15 Legislative Body to act in accord with its 16 long-standing traditions to honor the youth of 17 today -- the leaders of tomorrow -- whose 18 character and achievements exemplify the 19 ideals and values cherished by this great 20 state and nation; and 21 "WHEREAS, This Legislative Body is 22 justly proud to recognize and commend the high 23 achievements of these dedicated students in 24 the 42nd Senate District on the occasion of a 25 special celebratory visit to the State Capitol

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(518) 371-8910 1 in Albany, New York, on Wednesday, June 4, 2 2008. At this time the Valedictorians, 3 Salutatorians and Honored Students who have 4 been selected by their school leadership for 5 outstanding community service will receive 6 special recognition from the Senate in the 7 Senate Chamber. Lunch will be served in the 8 well of the Legislative Office Building, 9 followed by a tour of the State Capitol; and 10 "WHEREAS, These Valedictorians, 11 Salutatorians and Honored Students represent 12 the best of developed potential inherent in 13 our most precious resource, our youth. Their 14 achievements have brought enduring honor to 15 their families and communities and should be 16 recognized and saluted; and 17 "WHEREAS, The Valedictorians who 18 are being commended today for their 19 outstanding academic performances and 20 exemplary achievements include: Cheyenne 21 Tait, Frances Mudge, Jessica Reynolds, John 22 Gardner, Grace Babula, Katrina Kass, Esti 23 Ross, Venessa Bedford, Christina Caucci, 24 Taylor Jordan, Anam Chouhdry, Andrew 25 Hoffman-Patalona, Nevin Perez, Alice Chu,

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(518) 371-8910 1 Kenneth Sweeney, Ingrid Carvo, Anna 2 Flores-Amper, Elise DeSantis, Melissa Prieto, 3 Kristen Lamastro, Heather Hodge, Rebecca 4 Welton, Alisa Fersch, Evelyn Bing, Tammie 5 Harris, Nathan Holdridge, Geoffrey Garrett, 6 Jordan Nichols, Patrick James Barnes, Sarah 7 Lander, Gavin Perrella, Jillian Tompkins, and 8 Christopher Donnelly; and 9 "WHEREAS, The Salutatorians who are 10 being commended today for their outstanding 11 academic performances and exemplary 12 achievements include: Carrianne Fairbairn, 13 Jessica Jones, Andrew McKeegan, Jean Gregory, 14 Celia Oset, Rebecca Cohen, Brittany 15 Baldwin-Hunter, Lindsay Worden, Saad Majeed, 16 Chelsea Thompson, Leila Zilles, Jessie 17 Simmons, Aja Alana Jenkins, Amelia Fish, 18 Elizabeth Moriarty, Ann S. Joy, Cassandra 19 LaRussa, Jessi Panico, Elizabeth Schneider, 20 Erica Gantz, Brighid Fogarty, Michelle 21 Massell, Tess Beatrice, Markus Delello, Emma 22 Nell Stratigos, Victoria Harman, Rachel 23 Pompeii, Carol Ann Reed, and Eliel VanBuren; 24 and 25 "WHEREAS, The Honored Students who

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(518) 371-8910 1 are being commended today and who have been 2 selected by their school leadership for 3 outstanding school or community service 4 include: Kelly Hotaling, Claire Gohorel, 5 Paulina Renggli, Nickolas Meier, Elise 6 DeAndrea, Patrick Amari, Bernadette Gaffney, 7 Ryan Cerullo, Valentina Babich, Laura Johnson, 8 Taylor Fasce, Michael Bernholz, Giovanna 9 Steinhaus, Megan Showers, Ashley Baker, 10 Dominic Gallo, Kasta Howland, Shauna Rockwell, 11 Matthew Layman, Julia Berger, Chelsie Schadt, 12 David McDonald and Jonathan Davis; and 13 "WHEREAS, These Valedictorians, 14 Salutatorians and Honored Students may now 15 stand with pride as they assess their 16 achievements, experience the satisfaction of 17 their labors and the joy of their 18 accomplishments, eager to face the new 19 experiences of a challenging world; now, 20 therefore, be it 21 "RESOLVED, That this Legislative 22 Body pause in its deliberations to commend the 23 Valedictorians, Salutatorians and Honored 24 Students of the 42nd Senate District, in 25 recognition of their outstanding

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(518) 371-8910 1 accomplishments at a celebration to be held at 2 the State Capitol on June 4, 2008, and be it 3 further 4 "RESOLVED, That copies of this 5 resolution, suitably engrossed, be transmitted 6 to the aforementioned Valedictorians, 7 Salutatorians and Honored Students." 8 ACTING PRESIDENT GRIFFO: Senator 9 Bonacic. 10 SENATOR BONACIC: Thank you, 11 Mr. President. 12 First of all, I would like to 13 congratulate all of the valedictorians, the 14 salutatorians, and the honored students for 15 their achievements in their high school. We 16 have 22 schools represented today. 17 I'd like to thank the parents who 18 took time out of their busy schedule, who are 19 very proud of their daughters and sons; the 20 teachers who have come; the administrators and 21 superintendents. 22 What you have on both sides of this 23 gallery is the best of the best of our youth. 24 You know, and I would hope that after they 25 finish college or they go on to higher

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(518) 371-8910 1 education after college, they would think of 2 coming back to the State of New York to live 3 and work. 4 But no matter where they land in 5 any part of the world, it's been said that 6 will America be as strong in the next 7 generation as it is today. And I say that 8 answer is easily yes, and it will be stronger. 9 We are in good hands with the future leaders 10 of America. 11 Members, please help me stand up 12 and congratulate these honored students. 13 Thank you very much, Mr. President. 14 (Sustained applause.) 15 ACTING PRESIDENT GRIFFO: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Yes, 18 Mr. President. After hearing the reading of 19 that resolution, I wonder if there is anybody 20 in the 42nd Senatorial District that wasn't 21 named in that resolution. 22 But to that end, Senator Bonacic is 23 to be credited for honoring young people who 24 are doing the right thing. If you were to 25 read the media on a regular basis, or listen

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(518) 371-8910 1 to the radio and watch television, most of the 2 time you see young people getting into trouble 3 or doing something wrong. It would lead one 4 to believe that we have no future, if all you 5 saw was what was on the media and in the 6 current print. 7 These people belie that fact. 8 These people are the truth. These people are 9 the majority of young people, who do the right 10 things, strive to do the right things, and are 11 an honor to their parents and their families. 12 We need more coverage of events 13 like this and of young people like the ones 14 that were named in this audience and that are 15 all over this state, by the millions, who are 16 doing the right thing and don't get enough 17 credit for it. 18 Unfortunately, we hear the 19 negatives; we rarely hear the positives. So 20 thank you, Senator Bonacic, for bringing that 21 to our attention and raising this to the level 22 of the discussion on the floor of this 23 chamber. It's a great thing you've done here 24 today. 25 These people are an honor to their

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(518) 371-8910 1 families, their schools, their teachers. And 2 I congratulate them and thank you and wish you 3 good cheer and a good day, and God bless you 4 one and all. 5 Thank you, Mr. President. 6 (Applause.) 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Marcellino. 9 The question is on the resolution. 10 All in favor signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT GRIFFO: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT GRIFFO: The 16 resolution is adopted. 17 We congratulate the visiting 18 valedictorians, salutatorians, and honored 19 students of the 42nd, and we extend our best 20 wishes to all of you. 21 Senator Marcellino. 22 SENATOR MARCELLINO: Mr. 23 President, may we now have the 24 noncontroversial reading of the calendar. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 23, by Senator Leibell, Senate Print 5645, an 4 act to amend the Executive Law, in relation to 5 establishment of disaster preparedness. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 50. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 194, by Senator Hannon, Senate Print 4879A, an 18 act to amend the Public Health Law, in 19 relation to hospital report cards. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 50. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 257, by Senator Morahan, Senate Print 5699, an 7 act relating to school bus travel on the 8 Palisades Parkway. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 120th day. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 50. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 305, by Senator Young, Senate Print 4904, an 21 act to amend the Public Health Law, in 22 relation to requiring healthcare providers. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of October. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 50. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 351, by Senator Skelos, Senate Print -- 10 SENATOR DUANE: Lay it aside, 11 please. 12 ACTING PRESIDENT GRIFFO: Lay it 13 aside. 14 THE SECRETARY: Calendar Number 15 362, by Senator Maltese, Senate Print 6865, an 16 act to amend the Labor Law, in relation to 17 posting of a bond. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 60th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 50.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 602, by Senator Volker, Senate Print 4730A, an 5 act to amend the Religious Corporation Law, in 6 relation to providing a means of 7 incorporation. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 50. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 654, substituted earlier today by Member of 20 the Assembly Abbate, Assembly Print Number 21 9898, an act to amend the Civil Service Law, 22 in relation to resolution of disputes. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 50. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 680, by Senator Leibell, Senate Print 2382A, 10 an act to amend the Surrogate's Court 11 Procedure Act, in relation to increasing the 12 value of a small estate. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect January 1, 2009. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 50. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 775, by Senator Little, Senate Print -- 25 SENATOR MARCELLINO: Lay it aside

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(518) 371-8910 1 for the day, please. 2 ACTING PRESIDENT GRIFFO: Lay the 3 bill aside for the day. 4 THE SECRETARY: Calendar Number 5 842, by Senator Volker, Senate Print 7074, an 6 act to amend the Penal Law, in relation to 7 restitution hearings. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 50. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 857, substituted earlier by Member of the 20 Assembly Wright, Assembly Print Number 695, an 21 act to amend the Vehicle and Traffic Law, in 22 relation to postponements of hearings. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 180th day. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 50. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 930, by Senator Bonacic -- 10 SENATOR MARCELLINO: Lay the bill 11 aside for the day, please. 12 ACTING PRESIDENT GRIFFO: Lay it 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 946, substituted earlier today by Member of 16 the Assembly Weinstein, Assembly Print Number 17 11096, an act to amend the Estates, Powers and 18 Trusts Law, in relation to transfer. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 50. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 990, substituted earlier today by Member of 6 the Assembly Raia, Assembly Print Number 7 10397, an act to amend the Criminal Procedure 8 Law, in relation to granting peace officer 9 status. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 990 are 19 Senators Duane, L. Krueger, and Perkins. 20 Ayes, 49. Nays, 3. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1022, by Senator Libous, Senate Print 7574, an 25 act to amend the Public Authorities Law, in

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(518) 371-8910 1 relation to procurements. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1022 are 11 Senators Gonzalez and Perkins. 12 Ayes, 51. Nays, 2. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1066, by Senator Skelos, Senate Print 7713A, 17 an act to amend the Executive Law, the Tax Law 18 and the Correction Law, in relation to 19 requiring the Division of Lottery. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect on the first of January 24 next succeeding. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1066 are 5 Senators Duane, Gonzalez, Hassell-Thompson, 6 L. Krueger, Montgomery, and Perkins. 7 Ayes, 48. Nays, 6. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1083, by Senator Little, Senate Print 7658, an 12 act to amend the General Municipal Law, in 13 relation to awarding contracts. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 54. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1097, by Senator Morahan, Senate Print 7562,

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(518) 371-8910 1 an act to amend the Mental Hygiene Law, in 2 relation to membership on the advisory 3 council. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect January 1, 2009. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 54. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1123, by Senator Little, Senate Print 1121, an 16 act to amend the State Finance Law and the 17 Environmental Conservation Law, in relation to 18 requiring open space land. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Duane, to explain his vote. 3 SENATOR DUANE: Thank you, Madam 4 President [sic]. 5 This bill would require that open 6 space conservation projects be undertaken with 7 willing sellers. And I just wanted to point 8 that out to my colleagues. 9 Thank you. I'll be voting in the 10 affirmative. 11 ACTING PRESIDENT GRIFFO: How are 12 your glasses? 13 SENATOR DUANE: My glasses are 14 half full. 15 (Laughter.) 16 ACTING PRESIDENT GRIFFO: Senator 17 Oppenheimer. 18 SENATOR OPPENHEIMER: That went 19 over my head. Okay. 20 ACTING PRESIDENT GRIFFO: The 21 reference was to "Madam President." 22 SENATOR OPPENHEIMER: I'll be 23 voting no on this issue, principally because 24 if there is not a willing seller of the land 25 and the state wishes to take the land, this

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(518) 371-8910 1 eliminates the possibility of eminent domain. 2 We see eminent domain utilized for 3 a lot less important purposes than providing 4 open space for our residents in this state. 5 And I think to eliminate the possibility of 6 eminent domain is definitely the wrong thing 7 to do in this particular -- I think almost in 8 any circumstance it's the wrong thing to do, 9 but particularly in permitting the state to 10 take land that they wish for the citizens 11 through eminent domain. 12 So that's why I'm voting against 13 it. 14 ACTING PRESIDENT GRIFFO: Senator 15 Oppenheimer, how do you cast your vote? 16 SENATOR OPPENHEIMER: No. 17 ACTING PRESIDENT GRIFFO: Senator 18 Oppenheimer to be recorded in the negative. 19 Is there any other Senator wishing 20 to speak? 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1123 are 24 Senators Hassell-Thompson, L. Krueger, and 25 Oppenheimer.

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(518) 371-8910 1 Ayes, 51. Nays, 3. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1162, by Senator Volker, Senate Print 7190, an 6 act to amend the Alcoholic Beverage Control 7 Law, in relation to New York State Wine and 8 Culinary Center, Inc. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 54. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1182, by Senator Bonacic, Senate Print 7920, 21 an act to authorize the Town of Saugerties in 22 the County of Ulster. 23 ACTING PRESIDENT GRIFFO: There 24 is a home-rule message at the desk. 25 The Secretary will read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 54. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1198, by Senator Maziarz, Senate Print 6696, 12 an act to amend the Vehicle and Traffic Law, 13 in relation to allowing retired service 14 members. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 54. Nays, 23 1. Senator Perkins recorded in the negative. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1204, by Senator Saland -- 3 SENATOR SKELOS: Lay it aside for 4 the day, please. 5 ACTING PRESIDENT GRIFFO: The 6 bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 1236, by Senator Maltese, Senate Print 3003, 9 an act to amend the Education Law, in relation 10 to student loans for persons in military 11 service. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1270, by Senator Saland, Senate Print 4630C, 24 an act to amend the Domestic Relations Law, 25 the Social Services Law, the Judiciary Law,

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(518) 371-8910 1 and the Public Health Law. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 10. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 55. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1298, substituted earlier today by Member of 14 the Assembly Paulin, Assembly Print Number 15 1033A, an act to amend the Public Officers 16 Law, in relation to costs and fees. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1303, by Senator Marcellino, Senate Print 4 6088A, an act to amend the Tax Law, in 5 relation to alternative fuel vehicle property 6 tax credit. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1308, by Senator Maltese, Senate Print 6858, 19 an act to amend the State Finance Law, in 20 relation to prohibiting the purchase by a 21 state agency of goods produced by a sweatshop. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1310, by Senator LaValle -- 9 SENATOR SKELOS: Lay it aside for 10 the day, please. 11 ACTING PRESIDENT GRIFFO: Lay it 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 1314, by Senator Farley, Senate Print 7868, an 15 act to amend the Executive Law, in relation to 16 assisting state and local enforcement 17 agencies. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1345, by Senator Winner, Senate Print 6919, an 5 act to amend Chapter 365 of the Laws of 2005, 6 amending the Tax Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1351, by Senator Winner, Senate Print 7656, an 19 act to amend Chapter 366 of the Laws of 2005, 20 amending the Tax Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 55. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1371, by Senator Nozzolio, Senate Print 707, 8 an act to amend the Penal Law, in relation to 9 prohibiting stalking. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1375, by Senator Rath, Senate Print 1755, an 23 act to amend the Penal Law, in relation to 24 endangering the welfare of a child. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. Nays, 9 1. Senator Montgomery recorded in the 10 negative. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1392, by Senator Maltese, Senate Print 7608, 15 an act to amend the Criminal Procedure Law, in 16 relation to designating employees. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1392 are

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(518) 371-8910 1 Senators Duane, L. Krueger, and Perkins. 2 Ayes, 52. Nays, 3. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1400, by Senator Skelos, Senate Print 7869, an 7 act to amend the Penal Law, in relation to 8 providing criminal penalties. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1402, by Senator Saland, Senate Print 7948, an 22 act to amend the Penal Law, in relation to 23 expanding the definition. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 9. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. Nays, 7 1. Senator Montgomery recorded in the 8 negative. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1405, by Senator Bruno, Senate Print 8138, an 13 act to amend the Penal Law and the Highway 14 Law, in relation to violence committed on 15 school grounds. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect on the first of 20 September. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 53. Nays, 25 2. Senators Adams and Montgomery recorded in

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(518) 371-8910 1 the negative. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1420, by Senator Libous, Senate Print 7396, an 6 act to amend the Vehicle and Traffic Law, in 7 relation to removing vehicles. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the first of 12 November. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 55. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1425, by Senator Young, Senate Print 6765, an 21 act to direct the Department of Transportation 22 to retain jurisdiction. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1457, substituted earlier today by Member of 10 the Assembly Cahill, Assembly Print Number 11 9478B, an act to amend the Alcoholic Beverage 12 Control Law, in relation to licenses. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 55. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 I'd ask that we bring some order to 24 the house, please. 25 The Secretary will continue to

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(518) 371-8910 1 read. 2 THE SECRETARY: Calendar Number 3 1489, by Senator Maziarz, Senate Print 6839, 4 an act to amend Chapter 606 of the Laws of 5 2006 amending the Volunteer Firefighters 6 Benefit Law. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1506, by Senator LaValle, Senate Print 7841, 19 an act to amend the Public Authorities Law, in 20 relation to authorizing the Dormitory 21 Authority. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1508, by Senator Morahan, Senate Print 8159, 9 an act amending Chapter 371 of the Laws of 10 1998, amending the Public Authorities Law. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1525, by Senator Morahan, Senate Print 5167, 23 an act to amend the Education Law, in relation 24 to authorizing Rockland Community College. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1530, by Senator LaValle, Senate Print 7821, 12 an act to amend the Education Law, in relation 13 to the board of trustees. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1532, by Senator Griffo, Senate Print 7902A,

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(518) 371-8910 1 an act authorizing the State University of 2 New York Institute of Technology. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 11. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 54. Nays, 11 1. Senator Stavisky recorded in the negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1054, by Senator Nozzolio, Senate Print -- 16 SENATOR DUANE: Lay it aside, 17 please. 18 ACTING PRESIDENT GRIFFO: Lay it 19 aside. 20 Senator Skelos, that completes the 21 noncontroversial reading of the calendar. 22 SENATOR SKELOS: Thank you very 23 much, Mr. President. 24 If we could ring the bells to alert 25 the members that we'll be going to the

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(518) 371-8910 1 controversial calendar. 2 ACTING PRESIDENT GRIFFO: The 3 Secretary will ring the bell to indicate the 4 beginning of the controversial calendar. 5 Senator Skelos. 6 SENATOR SKELOS: If we could go 7 to the controversial calendar now. 8 ACTING PRESIDENT GRIFFO: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 351, by Senator Skelos, Senate Print 6823A, an 12 act to amend the General Municipal Law, in 13 relation to enacting the Long Island Workforce 14 Housing Act. 15 SENATOR LIZ KRUEGER: 16 Explanation. 17 ACTING PRESIDENT GRIFFO: 18 Explanation, Senator Skelos. 19 SENATOR SKELOS: Thank you, 20 Mr. President. 21 Senator Krueger, this is 22 progressive legislation which I know by the 23 end of the explanation you are going to 24 support. I'm absolutely convinced of that. 25 For the past year, we've been

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(518) 371-8910 1 having discussions, on a bipartisan basis -- 2 Assemblyman Sweeney is the sponsor of the 3 legislation in the Assembly -- with builders, 4 with housing experts, with local governments 5 on how we can improve the affordable housing 6 stock on Long Island. It's one of the 7 critical economic issues that exist on Long 8 Island. 9 Basically, what this legislation 10 does is when a developer makes an application 11 to a local government to build five or more 12 residential units in Nassau or Suffolk 13 Counties, the local government shall choose to 14 have a developer comply with one of the 15 following in exchange for a density bonus of 16 at least 10 percent or other incentives: 17 Number one, the set-aside of at 18 least 10 percent of those units for affordable 19 workforce housing, defined as housing for 20 individuals or families at or below 21 130 percent of Long Island's median income. 22 The construction of required 23 affordable units on other land within the same 24 municipality, or the payment of a fee for each 25 affordable unit that the developer would have

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(518) 371-8910 1 been required to construct. The fee shall be 2 equal to two times the median income for a 3 family of four on Long Island. Currently, 4 that would be $194,200. 5 In cases where the fee exceeds the 6 appraised value of the building lot, the fee 7 shall equal the appraised value of the lot. 8 The fees collected by the local 9 government may be used in one of the following 10 ways. The local government may establish a 11 trust fund to be used for the construction of 12 affordable housing, the purchase of land for 13 the purpose of providing affordable housing, 14 or rehabilitating existing structures to 15 provide affordable housing. 16 Or the local government may turn 17 the funds over to the Long Island Housing 18 Partnership. Fifty percent of this money must 19 be used in the same manner described above, 20 and the remaining 50 percent must be used for 21 the creation of a revolving loan fund to 22 provide down payment assistance to qualified 23 homebuyers who are eligible for the 24 partnership's employer assistance housing 25 benefit program.

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(518) 371-8910 1 And incidentally, the Long Island 2 Housing Partnership has been responsible for 3 putting thousands of people into affordable 4 units on Long Island. 5 The local government may turn the 6 funds over to another local government within 7 the same county, subject to an intermunicipal 8 agreement, to be used to construct affordable 9 housing. 10 All units created under this act 11 shall remain affordable for subsequent 12 purchases. 13 This legislation is supported by 14 the Long Island Association, the LIA; Long 15 Island Builders Institute; New York State 16 Association for Affordable Housing; and 17 Suffolk County. And I have no opposition on 18 record at this time to the legislation. 19 ACTING PRESIDENT GRIFFO: Senator 20 Krueger. 21 SENATOR LIZ KRUEGER: Thank you, 22 Mr. President. 23 I appreciate the sponsor's 24 explanation. But no, you haven't convinced me 25 yet.

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(518) 371-8910 1 You have two bills on affordable 2 housing that you have filed this year. One is 3 7065, which is also cosponsored by 4 Assemblymember Sweeney, and this bill that 5 we're talking about today, 6823. 6 My concern about this bill is that 7 it violates what has been the intention of 8 inclusionary zoning in statute and throughout 9 the state, in that, as you just explained, it 10 would allow the developer to transfer the 11 location of where the affordable housing was 12 built to another area or even another 13 community. 14 And one of the concerns that has 15 been raised, because some people do have 16 concerns with the bill -- even your newspaper, 17 Newsday, on Long Island has raised concerns 18 about the bill -- is that this would lead to 19 the furthering of both racial and 20 socioeconomic segregation in Long Island, 21 because it would be more likely that the units 22 would be moved to another site or another 23 town, which I believe is in violation of the 24 concept of inclusionary zoning, the idea that 25 you include people in communities regardless

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(518) 371-8910 1 of their socioeconomic status. 2 So again, my real concern here is 3 the fact that it won't be on-site and that it 4 could increase discrimination in Long Island. 5 SENATOR SKELOS: That's your 6 opinion. It's not my opinion. 7 I think that what this is going to 8 do is it's going to increase affordable 9 housing for many young people throughout the 10 counties of Nassau and Suffolk who are 11 struggling to find housing. 12 SENATOR LIZ KRUEGER: Through 13 you, Mr. President, if the sponsor would 14 continue to yield to a question. 15 ACTING PRESIDENT GRIFFO: Senator 16 Skelos, do you continue to yield? 17 SENATOR SKELOS: Yes. 18 ACTING PRESIDENT GRIFFO: Senator 19 Krueger. 20 SENATOR LIZ KRUEGER: Thank you. 21 You defined the cutoff of 22 eligibility as 130 percent of the median 23 income in Long Island. Can you tell me, 24 therefore, what the income cutoff would be for 25 this housing?

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Skelos. 3 SENATOR SKELOS: If it's one 4 individual, the maximum income would be 5 $88,000. Two would be $101,000. Three would 6 be $113,600. And for the family of four, 7 $126,250. 8 SENATOR LIZ KRUEGER: Thank you. 9 Mr. President, if the sponsor would 10 continue to yield. 11 ACTING PRESIDENT GRIFFO: Senator 12 Skelos, do you continue to yield? 13 SENATOR SKELOS: Yes, Mr. 14 President. 15 ACTING PRESIDENT GRIFFO: Senator 16 Krueger. 17 SENATOR LIZ KRUEGER: Thank you. 18 So if I'm reading your bill 19 correctly, under these scenarios you could get 20 credit to do 10 percent bonus, you could build 21 the housing off-site or not at all, actually, 22 because the money could also go into the trust 23 fund. And that this would be up to, to round 24 up for a family of four, $130,000 per year -- 25 $126,000 I believe is what you said for a

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(518) 371-8910 1 family of four. 2 Would this type of arrangement then 3 allow these units to become eligible for state 4 subsidies as affordable inclusionary zoning 5 housing? 6 SENATOR SKELOS: I don't totally 7 understand the question. 8 This is an inclusionary zoning 9 issue that involves affordable housing on Long 10 Island. I don't know if -- I'm not sure if 11 that would preclude any types of other types 12 of subsidies. 13 SENATOR LIZ KRUEGER: Thank you. 14 Mr. President, on the bill. 15 ACTING PRESIDENT GRIFFO: Senator 16 Krueger, on the bill. 17 SENATOR LIZ KRUEGER: Thank you. 18 I wish Senator Skelos had his other 19 bill up before us today, which I would be 20 happy to support and would which actually 21 develop a model for expanding a significant 22 number of units of affordable housing and 23 laying out a comprehensive plan for how Long 24 Island and the communities within Long Island 25 could expand their housing to address the

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(518) 371-8910 1 concerns of affordability and workforce 2 housing throughout the two counties of 3 Long Island. 4 I would argue that the other bill 5 that we are not having a discussion on today 6 would also be an interesting model for 7 discussion throughout the state. 8 My concerns about this bill are, 9 one, it's a voluntary program, so it's not at 10 all clear anybody would take advantage of it. 11 Two, it's only 10 percent. Where 12 at least in the work around the country that I 13 have looked, at when you talk about 14 inclusionary zoning, you want to be talking 15 about 20 to 30 percent inclusionary, not a 16 small number such as 10 percent. 17 Three, in addition to it being 18 voluntary and only 10 percent, because you 19 don't have to build on-site, you can take the 20 credits, so to speak, and use them in another 21 section of the same town, perhaps in what's 22 referred to as the poor section of the town. 23 You can take them and move them to another 24 town. You can take them and not actually use 25 them at all.

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(518) 371-8910 1 I think what we would find is some 2 of the same problems we found in 421-a 3 certificates in the City of New York until we 4 changed that law -- effectively, actually, 5 just in a couple of months now, where we said 6 no, you can't have your certificates and 7 promise you're going to deliver on affordable 8 housing somewhere else someday. Because what 9 we learned was they weren't delivering on the 10 affordable housing. They were getting the 11 advantages, but they weren't actually 12 delivering on the affordable housing. 13 And so I think one of the lessons 14 from the City of New York's experience is to 15 make sure you're very clear when you do 16 legislation intended to locate affordable 17 housing and change density and zoning rules to 18 do so, that you ensure you actually get that 19 housing and you get that housing where it's 20 needed. 21 Finally, while the sponsor and I 22 may have absolutely disagree, as we have the 23 right to, on whether this will have an impact 24 on increasing housing discrimination and 25 socioeconomic discrimination in housing in

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(518) 371-8910 1 these counties, I think the record is clear 2 that there is a history of housing 3 discrimination and that we need to be 4 addressing that. And I fear that this 5 legislation will exacerbate the problem, not 6 address it. 7 And you're right, it's a 8 hypothetical, because we don't know what 9 happens before. But again, we can look at 10 inclusionary zoning, what has worked and what 11 has not in other parts of the country. We can 12 look at the city's model of certificates you 13 can transfer through various programs and see 14 what did happen. 15 And I would urge the sponsor to 16 revisit his support for his other bill, rather 17 than this bill, because I think it will get us 18 where we want to go. 19 So I'm urging my colleagues to vote 20 no on this bill. 21 Thank you, Mr. President. 22 ACTING PRESIDENT GRIFFO: Is 23 there any other Senator wishing to be heard? 24 Debate is closed. 25 The Secretary will ring the bell.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect January 1, 2009. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT GRIFFO: Senator 8 LaValle, to explain his vote. 9 SENATOR LaVALLE: Thank you, 10 Mr. President. 11 ACTING PRESIDENT GRIFFO: Order 12 in the chamber, please. 13 Senator LaValle, you may continue. 14 SENATOR LaVALLE: One of the 15 vexing problems on Long Island is the issue of 16 affordable housing, to ensure that we don't 17 continue to have a brain drain, as we do by 18 having a lot of our young people move away 19 because they cannot afford housing. 20 My Senate district rolls over six 21 of the townships of the 10 in Suffolk County, 22 and much of the open land is in the First 23 Senatorial District. I know that Senator 24 Skelos has worked very, very hard on this bill 25 to put together something that is fair,

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(518) 371-8910 1 something that the towns can live with. 2 Most of the six towns in the First 3 District already have gone to a 10 percent, at 4 least 10 percent of any development to have 5 those units as affordable housing. But the 6 towns have been very reluctant to embrace this 7 particular bill, given the open space, given 8 the fact that we have pine barrens credits, 9 transfer of development credits. And the 10 issue of density is one that communities have 11 a problem with. 12 Having said all of that, at some 13 point we need a concerted effort, an effort 14 between the two counties to address this issue 15 of affordable housing. I don't believe this 16 is a perfect solution, but it is a bill that 17 gives it a good try. 18 And for that reason, I am going to 19 join my colleagues from Long Island and cast 20 my vote in the affirmative. 21 ACTING PRESIDENT GRIFFO: Senator 22 LaValle to be recorded in the affirmative. 23 Senator Hannon, to explain his 24 vote. 25 SENATOR HANNON: Yes,

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(518) 371-8910 1 Mr. President. I wanted to rise in support of 2 this legislation because I think this is truly 3 precedent-breaking. 4 The use of the word "inclusionary" 5 means in regard to density, not in regard to 6 any other concept. And this bill does provide 7 for that. It also provides it in a such a way 8 that it does not override local zoning. It 9 gives people an option. 10 And if you don't result in the 11 physical presence of a new house or an extra 12 house, it then provides that some of the money 13 may go to the down payment program, which was 14 initiated last year so that key workers in the 15 workforce can be assisted by their employer, 16 through the Long Island Housing Partnership, 17 with help in the down payment for a house. 18 This has, as with a set of suburbs 19 that have many different fact patterns, it has 20 a varied response. I believe that Senator 21 Skelos should be congratulated because this 22 has been a difficult concept to carry through, 23 one that will result in successful expansion 24 of the housing stock and making it affordable 25 to people who need it.

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(518) 371-8910 1 Thank you. I vote in the 2 affirmative. 3 ACTING PRESIDENT GRIFFO: Senator 4 Hannon to be recorded in the affirmative. 5 Again, I would remind the chamber 6 to please come to order out of respect for our 7 speakers who are explaining their votes. 8 Senator Marcellino, to explain his 9 vote. 10 SENATOR MARCELLINO: Thank you, 11 Mr. President. 12 I rise also to support my colleague 13 Senator Skelos on this groundbreaking bill, no 14 pun intended. 15 This bill covers a lot of issues 16 and has brought together, through Senator 17 Skelos's leadership, many different groups and 18 organizations that have been trying for years 19 to find a path towards bringing affordable 20 housing onto Long Island where, as you well 21 know, this is a very difficult issue for us. 22 Many of our young people cannot afford to stay 23 on the island. They get their education 24 there, but when it comes time to find a home, 25 they have to go somewhere else.

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(518) 371-8910 1 We need good workforce housing. We 2 need a program like this. Some of my 3 colleagues are stressing issues where you 4 might state that their concern is the perfect 5 has become the enemy of the good. 6 This is a great bill. This is a 7 good bill. It starts the process moving. 8 Could it be a better bill? Yes. And I'm sure 9 once it gets a chance to get into the field 10 and get it in action and we test it and see 11 what's going on, things can be done at a later 12 time to change it and fix it and tweak it to 13 make it even better. 14 But in the meantime, this bill is 15 needed. The issue is of great concern on the 16 island. And I support this bill 17 enthusiastically. 18 ACTING PRESIDENT GRIFFO: Senator 19 Marcellino to be recorded in the affirmative. 20 Senator Golden, to explain his 21 vote. 22 SENATOR GOLDEN: Thank you, 23 Mr. President. 24 I rise too to support this 25 legislation. I believe there is a need for

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(518) 371-8910 1 affordable housing across the State of 2 New York, and I believe the approach that Dean 3 Skelos has taken is an important, historic 4 step for Long Island. 5 I'm eager, as I look into the 6 balcony and I see the Japanese Local 7 Government Center, who has joined us here 8 today -- and one of their issues obviously is 9 housing. So for them to see what's going on 10 here in this chamber and to see that we are 11 arguing over affordable housing I'm sure 12 amuses them. 13 And I'm glad to see that they have 14 joined and us and will watch this debate and 15 show how Dean Skelos, the Senator that has put 16 this legislation forward, is a leader in 17 trying to come to terms with dealing with 18 affordable and low-income housing, not just 19 for Long Island but for that of the City and 20 of the State of New York. 21 So I vote in favor. I vote aye. 22 ACTING PRESIDENT GRIFFO: Senator 23 Golden to be recorded in the affirmative. 24 Senator Fuschillo, to explain his 25 vote.

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(518) 371-8910 1 SENATOR FUSCHILLO: Thank you 2 very much, Mr. President. Just briefly. 3 I want to compliment my colleague 4 Senator Dean Skelos. You know, this is a 5 long -- 6 ACTING PRESIDENT GRIFFO: Senator 7 Fuschillo, excuse me. 8 Senator Fuschillo. 9 SENATOR FUSCHILLO: Thank you, 10 Mr. President. I want everybody to hear me as 11 well. 12 I want to compliment Senator 13 Skelos. This is a battle, a negotiation 14 that's been going on for many years. And he's 15 done his due diligence with many groups, many 16 municipalities, media outlets. And he never 17 gave up. 18 And there's not a day that goes by 19 that I'm in my district where parents or young 20 kids coming from back from college, looking 21 for jobs, always say "I can't afford a house. 22 I can't afford the property taxes." 23 This piece of legislation, which 24 I'm confident will become law now, sets the 25 framework, sets the guidelines to make Long

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(518) 371-8910 1 Island more affordable, to allow people to 2 come back. 3 You know, Senator LaValle talked 4 about the Long Island Housing Partnership and 5 the funding that we place there and the 6 partnership that allows for corporations to 7 join with them to make loans and match loans 8 that are given to individuals to make the 9 American dream affordable. This takes it to 10 the next step. 11 So, Dean, thank you very much for 12 this legislation. I'll be voting aye. 13 ACTING PRESIDENT GRIFFO: Senator 14 Fuschillo to be recorded in the affirmative. 15 Senator Craig Johnson, to explain 16 his vote. 17 SENATOR CRAIG JOHNSON: Thank you 18 very much, Mr. President. I too rise in 19 support of this legislation. I also wish to 20 thank Senator Skelos on the bill. 21 It's a bill that actually I think 22 has seen many forms. I remember a couple of 23 years ago my predecessor, Michael Balboni, had 24 a similar piece of legislation that he 25 sponsored here, and Assemblyman -- now

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(518) 371-8910 1 Comptroller -- Tom DiNapoli was the Assembly 2 sponsor. And it's a piece of legislation 3 whose time is necessary. 4 And like Senator Fuschillo pointed 5 out, and Senator Marcellino, Senator LaValle, 6 and even Senator Golden, this is a problem 7 that we're facing in Long Island when it comes 8 to our young people, people younger than me 9 and my friends who want to come back and live 10 in North Hempstead or in Hempstead or in 11 Oyster Bay, who can't seem to find the 12 affordable housing. 13 But as a couple of Senators have 14 remarked, it's not a perfect bill. As one 15 study indicated or commentator pointed out, if 16 this legislation had been in place last year, 17 in 2007, only, I believe, 200 affordable units 18 would have been set aside or at most 2,000 19 affordable units would have been set aside. 20 And workforce housing is so desperately needed 21 in Nassau County and Suffolk County for our 22 young people. 23 But it's a start. And if it's a 24 decision between something and nothing, we 25 have to do something. And so I see this as a

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(518) 371-8910 1 first step, an important step, but a step 2 nonetheless to help our young people come back 3 to Long Island or stay on Long Island. And so 4 I will be voting in the affirmative. 5 Thank you very much. 6 ACTING PRESIDENT GRIFFO: Senator 7 Craig Johnson to be recorded in the 8 affirmative. 9 Senator Bonacic, to explain his 10 vote. 11 SENATOR BONACIC: Thank you, 12 Mr. President. 13 I stand to congratulate Senator 14 Skelos for this legislation. The need for 15 affordable housing, workforce housing, is 16 insatiable. And our experiences throughout 17 the State of New York on workforce housing is 18 that you need local approval. And many times 19 it's difficult because of the image that 20 people in the community think who you bring in 21 with workforce housing. 22 Workforce housing is about nurses, 23 it's about policemen, it's about middle-class 24 people trying to afford a decent place to live 25 in their community. And without workforce

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(518) 371-8910 1 housing, a particular county or community will 2 never have economic vitality, they'll never 3 have enough people to keep up with the growth 4 of an emerging economy. 5 So, Senator Skelos, thank you. And 6 I vote in the affirmative. 7 ACTING PRESIDENT GRIFFO: Senator 8 Bonacic to be recorded in the affirmative. 9 Senator Libous, to explain his 10 vote. 11 SENATOR LIBOUS: Mr. President, I 12 want to stand and join my colleagues and thank 13 Senator Skelos for this bill. 14 And I vote aye. 15 (Laughter.) 16 ACTING PRESIDENT GRIFFO: Senator 17 Libous in the affirmative. 18 Senator Flanagan, to explain his 19 vote. 20 SENATOR FLANAGAN: In the 21 category of piling on, Mr. President -- no, I 22 do want to congratulate Senator Skelos. 23 But I think it's important to 24 recognize, you know, we all come from 25 difficult areas. And we're all talking about

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(518) 371-8910 1 affordable housing on Long Island; it 2 certainly has ramifications across the State 3 of New York. 4 But I listened with interest to my 5 colleagues, particularly those who don't live 6 on Long Island, on this bill. And I would 7 suggest that for anyone who has paid attention 8 to this issue, Senator Skelos in particular 9 had been ripped apart, torn apart, excoriated 10 by all the editorial pages because he wouldn't 11 do exactly what they thought was the right 12 thing to do. 13 What we're looking at today is the 14 by-product of months and literally years of 15 negotiations with so many different interested 16 parties. And I don't think this is a first 17 step. This is beyond a first step. This is a 18 very good bill. It's supported by many local 19 municipalities who previously had great 20 objections to what we were talking about. 21 I look at this in relation to what 22 Senator Hannon said about the funding for 23 affordable housing -- $25 million last year, 24 $6 million more this year. So while other 25 people are opining and offering, you know,

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(518) 371-8910 1 comments about things, we're acting. We're 2 actually getting something done. It will mean 3 real results for real people, and that's what 4 all our constituents expect. 5 So this is a very good thing, and 6 it's way beyond a first step. Thank you. 7 ACTING PRESIDENT GRIFFO: Senator 8 Flanagan to be recorded in the affirmative. 9 Senator Hassell-Thompson, to 10 explain her vote. 11 SENATOR HASSELL-THOMPSON: Thank 12 you, Mr. President. 13 I'm very sorry to say that I can't 14 stand and congratulate Senator Skelos on this 15 bill. 16 (Groans.) 17 SENATOR HASSELL-THOMPSON: Yeah. 18 Everybody. 19 The reason that I cannot is that as 20 someone who has always supported affordable 21 housing, one of the concerns that is raised -- 22 and there's nothing that I've read in this 23 bill that convinces me that I'm wrong yet -- 24 is when we allow what we call floating zones, 25 developers will go to those zones where it is

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(518) 371-8910 1 most easy to build affordable units, get the 2 credits, but it will do nothing for the kind 3 of racial politics that we try to create 4 across communities. 5 We've seen it in Westchester. It's 6 not different because it's Long Island. There 7 are communities who continue to fight against 8 the kinds of housing inclusion that we should 9 be standing for in these chambers. 10 Much of this bill has merit. But 11 any portion of a bill that causes an increase 12 in racial and economic discrimination in any 13 community is not a bill I can or will ever 14 vote for. 15 So I declare that it is not the 16 best bill that we could do based upon the 17 consciousness that we should be raising about 18 how we do correct mixed-use and how we best 19 use state dollars and subsidies in the State 20 of New York. 21 Thank you, Mr. President. I will 22 be voting no. 23 ACTING PRESIDENT GRIFFO: Senator 24 Hassell-Thompson to be recorded in the 25 negative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 351 are 4 Senators Adams, Gonzalez, Hassell-Thompson, 5 L. Krueger, Montgomery, Parker, Perkins, 6 Schneiderman and Serrano. 7 Absent from voting: Senators 8 DeFrancisco, C. Kruger and Sampson. 9 Ayes, 48. Nays, 9. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1054, by Senator Nozzolio, Senate Print 1453, 14 an act to amend the Correction Law, in 15 relation to requiring inmates. 16 ACTING PRESIDENT GRIFFO: Senator 17 Duane. 18 SENATOR DUANE: Thank you, 19 Mr. President. If the sponsor would yield. 20 ACTING PRESIDENT GRIFFO: Senator 21 Nozzolio, will you yield for a question? 22 SENATOR NOZZOLIO: I'd be happy 23 to yield, Mr. President. 24 ACTING PRESIDENT GRIFFO: Senator 25 Duane.

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(518) 371-8910 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 I'm curious as to whether or not 4 the Department of Corrections is supporting 5 this bill. 6 ACTING PRESIDENT GRIFFO: Senator 7 Nozzolio. 8 SENATOR NOZZOLIO: I'm not sure, 9 Senator. Mr. President, through you, I'm not 10 sure whether the department has taken a 11 position on this issue or not. 12 SENATOR DUANE: Through you, 13 Mr. President, if the sponsor would continue 14 to yield. 15 ACTING PRESIDENT GRIFFO: Senator 16 Nozzolio, do you continue to yield? 17 SENATOR NOZZOLIO: Yes, 18 Mr. President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Duane. 21 SENATOR DUANE: Thank you, 22 Mr. President. 23 If an inmate has their own 24 insurance, can they go to any healthcare 25 provider in their plan?

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Nozzolio. 3 SENATOR NOZZOLIO: Mr. President, 4 this measure requires those inmates who are 5 receiving medical care from the State of 6 New York to provide a $7 copayment for every 7 medical visit. Much as citizens who are 8 participants and lucky enough to get medical 9 insurance and medical coverage, the copayment 10 is presented as a way that we in the state 11 would see a more balanced approach to the 12 provision of inmate medical care. 13 To answer Senator Duane's question, 14 I would believe it would be depending on what 15 the terms of the individual policies were, 16 whether or not, when incarcerated, that 17 individual policy would carry into a prison 18 facility. 19 It is anybody's guess what an 20 individual's policy would maintain. I don't 21 believe there's too many precedents for that 22 in the typical medical insurance coverage we 23 see in New York State. 24 SENATOR DUANE: On the bill, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: On the 2 bill? 3 SENATOR DUANE: Yes, 4 Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Duane, on the bill. 7 SENATOR DUANE: Thank you. 8 I just think this bill is just 9 terrible, meanspirited, wrong. I think it's 10 morally wrong and ethically wrong. 11 I think financially it doesn't make 12 any sense. You'd have to create a whole new 13 department within the Department of 14 Corrections to actually collect the 15 copayments. You'd have to have people 16 liaising with insurance companies and HMOs. 17 You know, most doctors don't make 18 house calls. I can't imagine that doctors are 19 going to make, you know, prison calls if 20 people get to go to their own -- or have 21 services from doctors within their network. 22 But I mean, just generally, 23 incarcerated people, they have no money. And 24 what little money they have, they use that to 25 buy snacks, you know, in the commissary or --

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(518) 371-8910 1 I mean, there's really such a small amount of 2 money that they are able to have. Even if 3 they work at a core craft or in some other way 4 make a little bit of money, for them to have 5 to sacrifice $7 -- which is a tremendous 6 amount of money if you're incarcerated -- to 7 get a doctor's appointment, I think it would 8 deter people from actually getting the 9 healthcare that they need while they're 10 incarcerated. 11 The incarceration is the 12 punishment. I don't think that people should 13 be additionally sentenced to even more cruelty 14 in our state facilities. And I just -- and I 15 have never known the Department of Corrections 16 to support this. 17 You know, I think that, you know, 18 we're going to be judged on how it is that we 19 treat the least fortunate among us. And it's 20 hard to imagine anyone that's less fortunate 21 than someone who's incarcerated. No matter 22 what the circumstances that caused their being 23 incarcerated, that's the punishment. 24 This has nothing to do with 25 rehabilitation. This has nothing to do with

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(518) 371-8910 1 teaching people financial skills that they 2 could use when they come to the outside. It's 3 just mean. 4 So I'm going to encourage my 5 colleagues to vote no on this bill and hope 6 that we don't see it anymore. 7 Thank you, Mr. President. I'll be 8 voting no. 9 ACTING PRESIDENT GRIFFO: Is 10 there any other Senator wishing to be heard? 11 The debate is closed. The 12 Secretary will ring the bell. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 120th day. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT GRIFFO: I would 20 ask the chamber to please come to order and 21 members who are casting negative votes to be 22 in their seats. 23 And I'm going to recognize Senator 24 Nozzolio to explain his vote. 25 SENATOR NOZZOLIO: Thank you,

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(518) 371-8910 1 Mr. President. I rise to support this 2 legislation -- 3 ACTING PRESIDENT GRIFFO: Excuse 4 me, Senator Nozzolio. 5 Senator Nozzolio. 6 SENATOR NOZZOLIO: Thank you, 7 Mr. President. 8 Mr. President, I rise to support 9 legislation that provides and requires the 10 inmates of our state correctional facilities 11 to pay a modest copayment for their medical 12 services. 13 This provision is not unique to any 14 state. As a matter of fact, there are a 15 number of states -- like California, 16 Connecticut, Ohio, Pennsylvania, Virginia and 17 New Jersey -- where a copayment is required, 18 as well as the entire federal system of 19 corrections. A copayment is required for the 20 federal system and for those states, and there 21 is no discernible amount of difference between 22 healthcare in those states for prisoners and 23 in New York where no copayment is required. 24 Mr. President, in an era where 25 every item of state government must be cut,

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(518) 371-8910 1 where the Governor of this state has issued an 2 edict that across all state system, including 3 our State University system, 5 percent has to 4 be chopped off after we passed the state 5 budget, at a time when hospitals are closing, 6 when healthcare is a tremendous crisis 7 situation for the cost and availability across 8 our state -- to state that we believe that the 9 inmates of our state system, those who are 10 convicted of a serious crime and are 11 incarcerated in our prison facilities, should 12 not have to pay a modest copayment, that to me 13 is a slap in the face to the taxpayers of our 14 system and our state. 15 We should be cutting -- one of the 16 most important reasons why the cost of 17 incarceration of prison inmates in this state 18 has increased so dramatically is the dramatic 19 increase of the cost of healthcare in our 20 prison system. 21 I think it's time that this Senate 22 and this Legislature established the 23 appropriate priorities. Think of our 24 citizens, our taxpayers who have not broken 25 the law first.

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(518) 371-8910 1 That is the essence of this bill, 2 Mr. President. It's why I bring it to the 3 floor. I'm very proudly in support of this. 4 Thank you for the opportunity to 5 explain my vote. 6 ACTING PRESIDENT GRIFFO: Senator 7 Nozzolio to be recorded in the affirmative. 8 Senator Montgomery, to explain her 9 vote. 10 SENATOR MONTGOMERY: Yes, 11 Mr. President. 12 This bill, unfortunately, that 13 Senator Nozzolio is so committed to creates a 14 mockery, I believe, of the notion of having 15 paid your dues to society -- and when you 16 return to your community, you're unable to 17 fulfill the debt created based on any number 18 of charges, and this being one of them. 19 So I think in that sense we need to 20 really rethink this whole idea of the notion 21 of having people create debt while they're in 22 prison and owing that debt when they return, 23 unable to find employment, and thereby never, 24 ever being realistically able to repay to 25 society.

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(518) 371-8910 1 The second point I want to make is 2 that this bill, while it requires a copay of 3 $7, that money does not go back into providing 4 additional healthcare. It goes into the 5 general fund of the prison. And so what is 6 the purpose of this copay? 7 And the last point that I want to 8 make -- which is certainly not the most 9 important, but I think it is important to all 10 of us in this room -- is that when a person 11 who has served time in prison returns to their 12 community and they have an illness, a chronic 13 illness such as exposure to hepatitis, HIV and 14 AIDS and other illnesses, they return to a 15 community, under this legislation, very, very 16 likely without having had healthcare in that 17 facility. 18 So we really do a disservice to the 19 people of this state where we have people 20 returning to communities infected with 21 diseases, having not been treated, and thereby 22 becoming a health hazard to other people in 23 the communities that they come back to. 24 So not only is this a very, very 25 bad idea, this is very wrongheaded and, as my

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(518) 371-8910 1 colleague says, meanspirited and all the rest, 2 it endangers the health of citizens in our 3 state. And I think that of all of the 4 concerns, this should be number one. 5 And since I have a large number of 6 people who return from prison every single 7 year, I want to know that they have at least 8 had access to healthcare in the prisons that 9 they've served. 10 So I'm voting no on this. 11 ACTING PRESIDENT GRIFFO: Senator 12 Montgomery to be recorded in the negative. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1054 are 16 Senators Adams, Breslin, Connor, Dilan, Duane, 17 Gonzalez, Hassell-Thompson, Klein, L. Krueger, 18 Montgomery, Onorato, Parker, Perkins, Sabini, 19 Savino, Schneiderman, Serrano, Smith, 20 Stewart-Cousins and Thompson. Also Senators 21 Oppenheimer and Stavisky. 22 Absent from voting on Calendar 23 Number 1054: Senators DeFrancisco, C. Kruger, 24 and Sampson. 25 Ayes, 35. Nays, 22.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 Senator Marcellino, that completes 4 the controversial reading of the calendar. 5 SENATOR MARCELLINO: Mr. 6 President, is there any further business at 7 the desk? 8 ACTING PRESIDENT GRIFFO: There 9 is none. 10 SENATOR MARCELLINO: Seeing that 11 there's no further business, I move that the 12 Senate stand adjourned until Thursday, 13 June 5th, at 11:00 a.m. 14 ACTING PRESIDENT GRIFFO: On 15 motion, the Senate stands adjourned until 16 Thursday, June 5th, at 11:00 a.m. 17 (Whereupon, at 12:26 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

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