Gaveled in 12:10 PM · Albany, New York · 2005–06 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 December 13, 2006 11 12:10 p.m. 12 13 14 EXTRAORDINARY SESSION 15 16 17 18 SENATOR JAMES W. WRIGHT, 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 WRIGHT: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT WRIGHT: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT WRIGHT: The 15 chair hands down a proclamation from the 16 Governor calling for the extraordinary 17 session, and waives its reading. 18 The Secretary will call the roll to 19 ascertain a quorum. 20 THE SECRETARY: Senator Alesi. 21 (No response.) 22 THE SECRETARY: Senator Andrews. 23 (No response.) 24 THE SECRETARY: Senator Balboni. 25 SENATOR BALBONI: Here.
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(518) 371-8910 1 THE SECRETARY: Senator Bonacic. 2 (No response.) 3 THE SECRETARY: Senator Breslin. 4 SENATOR BRESLIN: Here. 5 THE SECRETARY: Senator Bruno. 6 SENATOR BRUNO: Here. 7 THE SECRETARY: Senator Connor. 8 SENATOR CONNOR: Here. 9 THE SECRETARY: Senator Coppola. 10 SENATOR COPPOLA: Here. 11 THE SECRETARY: Senator 12 DeFrancisco. 13 (No response.) 14 THE SECRETARY: Senator Diaz. 15 SENATOR DIAZ: Aqui. 16 THE SECRETARY: Senator Dilan. 17 SENATOR DILAN: Present. 18 THE SECRETARY: Senator Duane. 19 (No response.) 20 THE SECRETARY: Senator Farley. 21 SENATOR FARLEY: Here. 22 THE SECRETARY: Senator Flanagan. 23 (No response.) 24 THE SECRETARY: Senator 25 Fuschillo.
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(518) 371-8910 1 SENATOR FUSCHILLO: Here. 2 THE SECRETARY: Senator Golden. 3 (No response.) 4 THE SECRETARY: Senator Gonzalez. 5 SENATOR GONZALEZ: Here. 6 THE SECRETARY: Senator Hannon. 7 SENATOR HANNON: Here. 8 THE SECRETARY: Senator 9 Hassell-Thompson. 10 SENATOR HASSELL-THOMPSON: Here. 11 THE SECRETARY: Senator Johnson. 12 SENATOR JOHNSON: Here. 13 THE SECRETARY: Senator Klein. 14 SENATOR KLEIN: Yes. 15 THE SECRETARY: Senator L. 16 Krueger. 17 SENATOR LIZ KRUEGER: Yes. 18 THE SECRETARY: Senator C. 19 Kruger. 20 (No response.) 21 THE SECRETARY: Senator Larkin. 22 (No response.) 23 THE SECRETARY: Senator LaValle. 24 SENATOR LaVALLE: Here. 25 THE SECRETARY: Senator Leibell.
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(518) 371-8910 1 SENATOR LEIBELL: Yes. 2 THE SECRETARY: Senator Libous. 3 (No response.) 4 THE SECRETARY: Senator Little. 5 SENATOR LITTLE: Present. 6 THE SECRETARY: Senator Maltese. 7 SENATOR MALTESE: Present. 8 THE SECRETARY: Senator 9 Marcellino. 10 SENATOR MARCELLINO: Present. 11 THE SECRETARY: Senator Marchi. 12 SENATOR MARCHI: Present. 13 THE SECRETARY: Senator Maziarz. 14 SENATOR MAZIARZ: Present. 15 THE SECRETARY: Senator Meier. 16 SENATOR MEIER: Present. 17 THE SECRETARY: Senator 18 Montgomery. 19 SENATOR MONTGOMERY: Here. 20 THE SECRETARY: Senator Morahan. 21 SENATOR MORAHAN: Here. 22 THE SECRETARY: Senator Nozzolio. 23 (No response.) 24 THE SECRETARY: Senator Onorato. 25 SENATOR ONORATO: I rise to
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(518) 371-8910 1 explain my presence. 2 (Laughter.) 3 THE SECRETARY: Senator 4 Oppenheimer. 5 SENATOR OPPENHEIMER: Here. 6 THE SECRETARY: Senator Padavan. 7 (No response.) 8 THE SECRETARY: Senator Parker. 9 (No response.) 10 THE SECRETARY: Senator Paterson. 11 SENATOR PATERSON: Here. 12 THE SECRETARY: Senator Rath. 13 SENATOR RATH: Here. 14 THE SECRETARY: Senator Robach. 15 SENATOR ROBACH: Here. 16 THE SECRETARY: Senator Sabini. 17 SENATOR SABINI: Here. 18 THE SECRETARY: Senator Saland. 19 SENATOR SALAND: Here. 20 ACTING PRESIDENT WRIGHT: Senator 21 Bruno, a quorum is present. 22 Senator Bruno. 23 SENATOR BRUNO: Mr. President, I 24 have two resolutions at the desk. I would ask 25 that they be read in their entirety and move
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(518) 371-8910 1 for their immediate adoption. 2 ACTING PRESIDENT WRIGHT: The 3 Secretary will read. 4 THE SECRETARY: By Senator Bruno, 5 Extraordinary Session Senate Resolution Number 6 1, appointing a committee to inform the 7 Governor that the Senate is convened in 8 Extraordinary Session. 9 "RESOLVED, That a committee of two 10 be appointed to inform the Governor that in 11 compliance with his proclamation of 12 December 13, 2006, the Senate is convened in 13 Extraordinary Session and is ready to proceed 14 with business. 15 "The Temporary President appointed 16 as such committee Senators Spano and Andrews." 17 ACTING PRESIDENT WRIGHT: The 18 question is on the resolution. All those in 19 favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT WRIGHT: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT WRIGHT: The 25 resolution is adopted.
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(518) 371-8910 1 The chair appoints Senators Spano 2 and Andrews to wait upon the Governor that the 3 Senate is ready to proceed. 4 The Secretary will read. 5 THE SECRETARY: By Senator Bruno, 6 Extraordinary Session Senate Resolution Number 7 2, appointing a committee to inform the 8 Assembly that the Senate is convened in 9 Extraordinary Session. 10 "RESOLVED, That a committee of two 11 be appointed to wait upon the Assembly and 12 inform that body that in compliance with the 13 proclamation of the Governor on December 13, 14 2006, the Senate is convened in Extraordinary 15 Session and is ready to proceed with business. 16 "The Temporary President appointed 17 as such committee Senators Meier and Coppola." 18 ACTING PRESIDENT WRIGHT: The 19 question is on the resolution. All those in 20 favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT WRIGHT: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT WRIGHT: The
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(518) 371-8910 1 resolution is adopted. 2 The chair appoints Senators Meier 3 and Coppola to wait upon the Assembly that the 4 Senate is ready to proceed. 5 Recognize Senator Bruno. 6 SENATOR BRUNO: Mr. President, I 7 believe there are two more resolutions at the 8 desk. I would ask that the titles only be 9 read and move for their immediate adoption. 10 ACTING PRESIDENT WRIGHT: The 11 Secretary will read. 12 THE SECRETARY: By Senator Bruno, 13 Extraordinary Session Senate Resolution Number 14 3, empowering the Temporary President to 15 appoint officers and employees necessary for 16 the Extraordinary Session. 17 And by Senator Bruno, Extraordinary 18 Session Senate Resolution Number 4, providing 19 for the introduction of bills in the Senate 20 during the Extraordinary Session. 21 ACTING PRESIDENT WRIGHT: The 22 question is on the resolutions. All those in 23 favor signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT WRIGHT:
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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT WRIGHT: The 4 resolutions are adopted. 5 Senator Bruno. 6 SENATOR BRUNO: I would ask for 7 an immediate meeting of the Rules Committee in 8 the Majority Conference Room. 9 And I would ask that the Senate 10 stand in recess for a very short period of 11 time while the Rules Committee meets, and then 12 we will rejoin and accept their report. 13 Thank you, Mr. President. 14 ACTING PRESIDENT WRIGHT: Thank 15 you, Senator Bruno. 16 The Senate Rules Committee will 17 convene in the Majority Conference Room. The 18 Senate will stand in a brief recess until the 19 committee meeting is completed. 20 (Whereupon, the Senate stood in 21 recess at 12:18 p.m.) 22 (Whereupon, the Senate reconvened 23 at 12:31 p.m.) 24 ACTING PRESIDENT MEIER: Senator 25 Bruno.
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(518) 371-8910 1 SENATOR BRUNO: Mr. President, 2 I'd like to return to reports of standing 3 committees. 4 I believe there's a report from the 5 Rules Committee at the desk. I would ask that 6 it be read at this time. 7 ACTING PRESIDENT MEIER: Reports 8 of standing committees. 9 The Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bill direct to third reading. 13 Extraordinary Session Senate Print 14 Number 1, by Senator Volker, an act to amend 15 the Mental Hygiene Law and others. 16 ACTING PRESIDENT MEIER: Senator 17 Bruno. 18 SENATOR BRUNO: Move to accept 19 the report of the Rules Committee. 20 ACTING PRESIDENT MEIER: All in 21 favor of accepting the report of the Rules 22 Committee signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT MEIER: Those 25 opposed, nay.
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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT MEIER: The 3 report is accepted. 4 Senator Bruno. 5 SENATOR BRUNO: I would ask that 6 the bill have its third reading at this time. 7 ACTING PRESIDENT MEIER: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1, by Senator Volker, Extraordinary Session 11 Senate Print Number 1, an act to amend the 12 Mental Hygiene Law and others. 13 SENATOR BRUNO: Mr. President, is 14 there a message of necessity at the desk? 15 ACTING PRESIDENT MEIER: Yes, 16 there is. 17 SENATOR BRUNO: I would move to 18 accept the message. 19 ACTING PRESIDENT MEIER: All 20 those in favor of accepting the message of 21 necessity signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT MEIER: Those 24 opposed, nay. 25 (No response.)
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(518) 371-8910 1 ACTING PRESIDENT MEIER: The 2 message is accepted. 3 The bill is before the house. 4 Senator Bruno. 5 SENATOR BRUNO: Thank you, 6 Mr. President. 7 The bill that's before us is the 8 Governor's bill that we have been called into 9 special session to act on. 10 And this bill, as we all know, has 11 been discussed throughout the year. We in 12 this house passed this bill, or something 13 very, very similar, and it commits sexually 14 violent predators, takes them out of the 15 mainstream of society, protects the public, 16 and keeps them in treatment. 17 Now, these are violent predators. 18 They are the people who 85, 90 percent of them 19 commit another crime. They cannot live in the 20 society as we know it. They are the rapists, 21 serious Level 3 molesters. 22 The Supreme Court has held, the 23 courts have held that it is the legislative 24 responsibility to act on behalf of the public. 25 That's what we're doing.
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(518) 371-8910 1 And by way of awareness, 2 transparency, I believe we had three 3 conference committees, chaired by Senator 4 Volker, during this past session, trying to 5 get public exposure, public debate, and get a 6 result. We could not get this bill passed in 7 the Assembly. We couldn't get it passed 8 through regular session. We were ready to 9 come back into special session before. We 10 could not get the Assembly to act on this 11 bill. 12 So we are, at the call of the 13 Governor, in special session to act on this 14 bill again, to protect your neighbors, to 15 protect your families from people most of whom 16 acknowledge that they are emotionally, 17 mentally incapable of making good choices. 18 And they hurt people, and they violate people, 19 and they can't live in the society. They need 20 treatment and they need to be committed. 21 So we ask our colleagues here to 22 continue to support this piece of legislation, 23 thank the Governor for sending it in special 24 session, and we ask the Assembly to join us, 25 on behalf of our mutual constituency, to get
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(518) 371-8910 1 this done. 2 Thank you, Mr. President. 3 ACTING PRESIDENT MEIER: Senator 4 Schneiderman. 5 SENATOR SCHNEIDERMAN: Thank you, 6 Mr. President. 7 If I could make one clarification 8 by way of a question to either Senator Bruno 9 or the sponsor. 10 ACTING PRESIDENT MEIER: Senator 11 Bruno, do you yield for a question? 12 SENATOR BRUNO: If I can answer 13 it. If not -- 14 ACTING PRESIDENT MEIER: The 15 Senator yields. 16 SENATOR SCHNEIDERMAN: Thank you. 17 I just want to clarify, because 18 this was something we discussed in conference. 19 This bill in fact is identical to Senate 6325, 20 which we passed earlier this year; is that not 21 correct? 22 SENATOR BRUNO: I believe it is. 23 Exactly. 24 SENATOR SCHNEIDERMAN: Thank you. 25 SENATOR BRUNO: Thank you.
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(518) 371-8910 1 SENATOR SCHNEIDERMAN: On the 2 bill. 3 I can feel Senator Bruno's 4 frustration radiating from him like a 5 radioactive cloud across the aisle. 6 And I think that it is unfortunate 7 that we're here on what may be our last day 8 during this particular era with a legislative 9 special session that appears to be emblematic 10 of the gridlock, recriminations, and 11 dysfunction that have turned a lot of our 12 constituents off from the legislative process. 13 This is the same bill we passed 14 before. The Assembly has passed another bill. 15 With all due respect to the technicians in the 16 room, the public does not understand why we 17 can't resolve the differences and have a civil 18 confinement bill that's acceptable to both 19 houses. 20 But I would suggest that simply 21 calling us back into special session to pass 22 the same bill we passed before, without a 23 serious effort to get conference committees 24 going again or to get other meetings going on 25 the part of all three leaders -- and I know
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(518) 371-8910 1 Senator Bruno has called for meetings -- is 2 really a waste of our time and of the public's 3 resources. 4 We are now passing the same bill we 5 passed before, ladies and gentlemen. We are 6 not moving the process forward. We need to 7 get together with the Governor and the 8 Assembly in order to do so. I'm sorry, and I 9 certainly hope this is not the last action we 10 will take in this year and not the last action 11 we will take during the Pataki era. 12 I'm going to vote the same way I 13 voted on this bill the last time. I assume my 14 colleagues will probably do the same. But 15 we're right back where we started. I guess 16 we've run out of material for new shows and we 17 are, ladies and gentlemen, going to reruns. 18 ACTING PRESIDENT MEIER: Senator 19 Bruno. 20 SENATOR BRUNO: Mr. President, 21 just by way of clarification. 22 And you're right, I am frustrated, 23 I'm exasperated on behalf of the innocent 24 people out there in this state. 25 But, Senator, for clarification,
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(518) 371-8910 1 it's not the same show over and over. The 2 Governor called us into special session. 3 Every single day since then we have met on 4 this issue with the Assembly. Governor-elect 5 Spitzer supports this legislation. Governor 6 Pataki supports it. We passed it. 7 So Senator, rhetorically I would 8 ask, why is this not in the law now? Why are 9 we here if it's, you think, wasting our time? 10 To try and get a result in the Assembly. And 11 I don't say this in a confrontational way, but 12 I am frustrated. 13 And, you know, we keep getting 14 tagged as the most dysfunctional legislature 15 in the country. Why is that? Why? I'll tell 16 you why. Because the Assembly sits it out 17 just the way they are on this issue, that's 18 why. And you are part of the most 19 dysfunctional legislature in the country. 20 And I would correct those that say 21 that, in that the Senate is here, we are back 22 here ready to do the people's work since we 23 adjourned in June. But we need a partner. 24 And constitutionally in this state, for this 25 to become law, has the Assembly passed a bill?
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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Yes. 2 SENATOR BRUNO: They have not, to 3 my knowledge, passed a bill that would meet 4 the requirements of Governor-elect Spitzer or 5 Governor Pataki. 6 And to posture, I would submit to 7 you, on an issue that's as important as this 8 one to the people of this state is 9 inappropriate and irresponsible. You don't 10 need to posture on this issue. We need a 11 result to protect the people of this state, 12 the innocent people. 13 So that's why we're here, Senator. 14 And I applaud the Governor for calling us 15 back, because we need to get this done. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 Senator Schneiderman. 19 SENATOR SCHNEIDERMAN: Again, 20 I -- we've got time, Joe. 21 I just want to make sure that my 22 colleagues are aware and the record is clear, 23 that the Assembly in fact has passed Assembly 24 9282. It is a different civil confinement 25 bill.
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(518) 371-8910 1 Governor-elect Spitzer, who I think 2 will bring more energy to the effort to reach 3 agreement and move a legislative agenda, 4 supports the principle of civil confinement. 5 He has not said that this particular bill 6 we're voting on now, as opposed to the 7 Assembly bill, is necessarily the be-all and 8 end-all. 9 The public doesn't understand why 10 we can't reach a compromise. I'm not saying 11 that, Senator Bruno, that we can be doing 12 anything more than we are doing now in the 13 Senate. But we're going to leave here without 14 a bill unless we do something other than just 15 pass the same bill we passed before. I think 16 we all know that in the real world. 17 The Assembly has to come to the 18 table. I don't know if public meetings are 19 the right answer. We certainly, on our side 20 of the aisle, are ready to do whatever we can 21 do to try and get something done. I don't 22 know what else we can do. 23 But this is a bill that we've 24 already passed. The Assembly could come back 25 and pass the bill they've already passed, we
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(518) 371-8910 1 leave town with nothing. 2 Thank you. 3 ACTING PRESIDENT MEIER: Senator 4 Bruno. 5 SENATOR BRUNO: Can I just add 6 that I asked the Governor to call a special 7 meeting, public meeting, with the leaders and 8 anyone else that ought to be there today. I 9 asked him to do that as soon as he could, and 10 that was a while ago. And the Governor said 11 if we can't get a result, he's prepared to 12 call a public meeting. And maybe that's what 13 we need. 14 Eliot Spitzer, the Governor-elect, 15 the present Attorney General, told me 16 personally this bill he supports. He didn't 17 say he supported the other bill. He supports 18 this bill. 19 And what's wrong with this bill? 20 Why can't it become law? I don't hear any 21 answers. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.
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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 SENATOR MONTGOMERY: Mr. 5 President, to explain my vote. 6 ACTING PRESIDENT MEIER: Senator 7 Montgomery, to explain her vote. 8 SENATOR MONTGOMERY: Yes, 9 Mr. President. I know that I have voted -- I 10 did vote no when we voted on this bill the 11 last time, and it's pretty much the same. And 12 I certainly have the same concerns. 13 However, I think that we in this 14 state are going to have to come to some 15 agreement on this process and this program. 16 And I was recently in the state of Texas, 17 where they do have a civil confinement law 18 that just went into effect in time to capture 19 or recapture a very serious sex offender in 20 that state. 21 And I looked at that, and I believe 22 that we in New York State need to do it. I 23 hope that we will come to a conclusion that 24 meets all of the aspects of the 25 constitutionality of an individual.
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(518) 371-8910 1 So I'm going to change my vote. 2 I'm voting yes, with reservations, and hope 3 that we can come to an agreement soon. 4 Thank you, Mr. President. 5 ACTING PRESIDENT MEIER: Senator 6 Montgomery will be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 Senator Bruno. 13 SENATOR BRUNO: Mr. President, I 14 would ask that this extraordinary session 15 stand in recess. 16 ACTING PRESIDENT MEIER: The 17 extraordinary session will stand in recess. 18 (Whereupon, the extraordinary 19 session of the Senate stood in recess at 20 12:44 p.m.) 21 (Whereupon, the extraordinary 22 session of the Senate reconvened at 7:55 p.m.) 23 ACTING PRESIDENT MEIER: The 24 Senate will come to order with regard to the 25 extraordinary session.
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(518) 371-8910 1 SENATOR BRUNO: Mr. President, I 2 have Resolution 5 at the desk. I would ask 3 that it be read in its entirety and move for 4 its immediate adoption. 5 ACTING PRESIDENT MEIER: The 6 Secretary will read. 7 THE SECRETARY: By Senator Bruno, 8 Extraordinary Session Senate Resolution Number 9 5, appointing a committee to inform the 10 Governor that the Senate has completed 11 business and is ready to adjourn. 12 "RESOLVED, That a committee of two 13 be appointed to inform the Governor that the 14 Senate has completed its business and is ready 15 to adjourn. 16 "The Temporary President appointed 17 as such committee Senators Rath and Savino." 18 ACTING PRESIDENT MEIER: The 19 question is on the resolution. All those in 20 favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT MEIER: Those 23 opposed, nay. 24 (No response.) 25 ACTING PRESIDENT MEIER: The
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(518) 371-8910 1 resolution is adopted. 2 SENATOR BRUNO: Mr. President, I 3 have Resolution 6 at the desk. I ask that it 4 be read in its entirety and move for its 5 immediate adoption. 6 ACTING PRESIDENT MEIER: The 7 Secretary will read. 8 THE SECRETARY: By Senator Bruno, 9 Extraordinary Session Senate Resolution Number 10 6, appointing a committee to inform the 11 Assembly that the Senate has completed 12 business and is ready to adjourn. 13 "RESOLVED, That a committee of two 14 be appointed to inform the Assembly that the 15 Senate has completed its business and is ready 16 to adjourn. 17 "The Temporary President appointed 18 as such committee Senators Balboni and 19 A. Smith." 20 ACTING PRESIDENT MEIER: The 21 question is on the resolution. All those in 22 favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT MEIER: Those 25 opposed, nay.
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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT MEIER: The 3 resolution is adopted. 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, I 6 have Resolution Number 7 at the desk. I ask 7 that it be read in its entirety and move for 8 its immediate adoption. 9 ACTING PRESIDENT MEIER: The 10 Secretary will read. 11 THE SECRETARY: By Senator Bruno, 12 Extraordinary Session Concurrent Resolution 13 Number 7, relative to the adjournment of the 14 Extraordinary Session of the Legislature sine 15 die. 16 "RESOLVED, That the Legislature 17 adjourn the Extraordinary Session sine die on 18 December 13, 2006, at the close of business." 19 ACTING PRESIDENT MEIER: The 20 question is on the resolution. All those in 21 favor signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT MEIER: Those 24 opposed, nay. 25 (No response.)
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(518) 371-8910 1 ACTING PRESIDENT MEIER: The 2 resolution is adopted. 3 Pursuant to the resolution, the 4 extraordinary session is adjourned sine die. 5 (Whereupon, at 7:57 p.m., the 6 extraordinary session of the Senate 7 adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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(518) 371-8910
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