Tuesday, November 18, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 November 18, 2008 11 12:32 p.m. 12 13 14 EXTRAORDINARY SESSION 15 16 17 18 SENATOR GEORGE H. WINNER, Jr., Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT WINNER: 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 WINNER: The 10 invocation today will be given by the Reverend 11 Peter G. Young, Mother Theresa Community in 12 Albany. 13 Father? 14 REVEREND YOUNG: Thank you, 15 Senator. 16 Let us pray. 17 Today is a special session, and we 18 have a need for special prayers. Because in 19 this special time, we know that we're in an 20 economic crisis. And in our vocation, as we 21 have today, we call then for our trust in God. 22 Examples of past leaders from this Senate 23 chamber -- too, too many to name -- we know 24 that they have done it, and we can do it. 25 We need to respond to assist all of

Candyco Transcription Service, Inc.

(518) 371-8910 1 our New York State citizens with pride of what 2 being a Senator in New York State and this 3 Empire State is all about. In our historic 4 tradition and in difficult times of 5 Revolutionary War, Civil War, world wars, and 6 of economic depressions in the 1880s and the 7 1930s, everyone came to the rescue and to the 8 recall of being a citizen and a Senator with 9 pride. 10 Our Senators are therefore 11 challenged to accept the responsibilities of 12 leadership beyond their party lines to help 13 others and New York State citizens for that 14 better kind of life. 15 Amen. 16 ACTING PRESIDENT WINNER: Senator 17 Skelos. 18 SENATOR SKELOS: Mr. President, 19 is there a proclamation from the Governor at 20 the desk? 21 ACTING PRESIDENT WINNER: Yes, 22 Senator Skelos, there is. 23 SENATOR SKELOS: If we can have 24 it read at this time, please. 25 ACTING PRESIDENT WINNER: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: "Proclamation. 3 "Pursuant to the power vested in me 4 by Article IV, Section 3 of the Constitution, 5 I hereby convene the Legislature in 6 Extraordinary Session, at the Capitol, in the 7 City of Albany, on the 18th day of November, 8 2008, at 12 o'clock noon, for the purpose of 9 considering a complete plan of legislation to 10 implement budgetary savings; and for the 11 consideration of legislation with respect to 12 such other subjects as I may recommend. 13 "Given under my hand and the Privy 14 Seal of the State in the City of Albany this 15 29th day of October in the year 2008. 16 "By the Governor, David A. 17 Paterson." 18 ACTING PRESIDENT WINNER: The 19 Secretary will call the roll to ascertain a 20 quorum. 21 THE SECRETARY: Senator Adams. 22 (No response.) 23 THE SECRETARY: Senator Alesi. 24 SENATOR ALESI: Here. 25 THE SECRETARY: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Aubertine. 2 SENATOR AUBERTINE: Present. 3 THE SECRETARY: Senator Bonacic. 4 SENATOR BONACIC: Present. 5 THE SECRETARY: Senator Breslin. 6 (No response.) 7 THE SECRETARY: Senator Connor. 8 (No response.) 9 THE SECRETARY: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: Here. 12 THE SECRETARY: Senator Diaz. 13 SENATOR DIAZ: Presente. 14 THE SECRETARY: Senator Dilan. 15 SENATOR DILAN: Present. 16 ACTING PRESIDENT WINNER: Senator 17 Duane. 18 (No response.) 19 THE SECRETARY: Senator Farley. 20 SENATOR FARLEY: Here. 21 THE SECRETARY: Senator Flanagan. 22 SENATOR FLANAGAN: Here. 23 THE SECRETARY: Senator 24 Fuschillo. 25 SENATOR FUSCHILLO: Present.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Senator Golden. 2 SENATOR GOLDEN: Here. 3 THE SECRETARY: Senator Gonzalez. 4 (No response.) 5 THE SECRETARY: Senator Griffo. 6 SENATOR GRIFFO: Here. 7 THE SECRETARY: Senator Hannon. 8 SENATOR HANNON: Here. 9 THE SECRETARY: Senator 10 Hassell-Thompson. 11 (No response.) 12 THE SECRETARY: Senator Huntley. 13 SENATOR HUNTLEY: Here. 14 THE SECRETARY: Senator 15 C. Johnson. 16 SENATOR CRAIG JOHNSON: Here. 17 THE SECRETARY: Senator O. 18 Johnson. 19 SENATOR JOHNSON: Here. 20 THE SECRETARY: Senator Klein. 21 SENATOR KLEIN: Here. 22 THE SECRETARY: Senator 23 L. Krueger. 24 (No response.) 25 THE SECRETARY: Senator C.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Kruger. 2 SENATOR C. KRUGER: Present. 3 THE SECRETARY: Senator Lanza. 4 SENATOR LANZA: Here. 5 THE SECRETARY: Senator Larkin. 6 SENATOR LARKIN: Here. 7 THE SECRETARY: Senator LaValle. 8 SENATOR LaVALLE: Here. 9 THE SECRETARY: Senator Leibell. 10 SENATOR LEIBELL: Here. 11 THE SECRETARY: Senator Libous. 12 SENATOR LIBOUS: Here. 13 THE SECRETARY: Senator Little. 14 SENATOR LITTLE: Present. 15 THE SECRETARY: Senator Maltese. 16 SENATOR MALTESE: Present. 17 THE SECRETARY: Senator 18 Marcellino. 19 SENATOR MARCELLINO: Here. 20 THE SECRETARY: Senator Maziarz. 21 SENATOR MAZIARZ: Here. 22 THE SECRETARY: Senator 23 Montgomery. 24 (No response.) 25 THE SECRETARY: Senator Morahan.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR MORAHAN: Here. 2 THE SECRETARY: Senator Nozzolio. 3 (No response.) 4 THE SECRETARY: Senator Onorato. 5 (No response.) 6 THE SECRETARY: Senator 7 Oppenheimer. 8 (No response.) 9 THE SECRETARY: Senator Padavan. 10 (No response.) 11 THE SECRETARY: Senator Parker. 12 (No response.) 13 THE SECRETARY: Senator Perkins. 14 SENATOR PERKINS: Presente. 15 THE SECRETARY: Senator Rath. 16 SENATOR RATH: Here. 17 THE SECRETARY: Senator Robach. 18 SENATOR ROBACH: Indeed. 19 THE SECRETARY: Senator Saland. 20 SENATOR SALAND: Here. 21 THE SECRETARY: Senator Sampson. 22 (No response.) 23 THE SECRETARY: Senator Savino. 24 SENATOR SAVINO: Here. 25 ACTING PRESIDENT WINNER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Skelos, a quorum is present. 2 SENATOR SKELOS: Thank you, 3 Mr. President. 4 Has the Governor and the Assembly 5 been informed that the Senate is ready to 6 proceed? 7 ACTING PRESIDENT WINNER: Yes, 8 Senator Skelos, both the Governor and the 9 Assembly have been informed that the Senate is 10 ready to proceed. 11 SENATOR SKELOS: Thank you. I'd 12 like to hand up the following resolution and 13 ask for its immediate adoption. 14 ACTING PRESIDENT WINNER: The 15 Secretary will read. 16 THE SECRETARY: In Extraordinary 17 Session Number 2, Senator Skelos reports 18 Senate Resolution Number 1, providing for the 19 introduction of bills in the Senate during the 20 Extraordinary Session. 21 "RESOLVED, That notwithstanding any 22 provision of the rules to the contrary, all 23 bills introduced when the Senate is in 24 Extraordinary Session shall be by the 25 Committee on Rules or on message from the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Assembly, and shall be referred to the 2 Committee on Rules of the Senate, with the 3 exception of any bills making an 4 appropriation, which shall be referred to the 5 Committee on Finance of the Senate pursuant to 6 Legislative Law Section 23." 7 ACTING PRESIDENT WINNER: The 8 question is on the resolution. All those in 9 favor signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT WINNER: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT WINNER: The 15 resolution is adopted. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 has the Senate received bills from the 19 Governor and are they at the desk? 20 ACTING PRESIDENT WINNER: Senator 21 Skelos, we have not received any bills from 22 the Governor. 23 SENATOR SKELOS: Thank you. 24 Mr. President, what I'd like to do 25 at this time is ask that the extraordinary

Candyco Transcription Service, Inc.

(518) 371-8910 1 session stand in recess. The Governor has 2 called a leaders' meeting at 12:30, and I will 3 now be proceeding, and we'll stand in recess. 4 ACTING PRESIDENT WINNER: The 5 extraordinary session will stand in recess. 6 (Whereupon, the Senate stood in 7 recess at 12:40 p.m.) 8 (Whereupon, the Senate reconvened 9 at 2:04 p.m.) 10 ACTING PRESIDENT WINNER: The 11 Senate will come to order. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, 14 is there a concurrent resolution at the desk 15 adjourning this extraordinary session? 16 ACTING PRESIDENT WINNER: There 17 is, Senator. The Secretary will read. 18 THE SECRETARY: In Extraordinary 19 Session Number 2, by Senator Skelos, 20 Concurrent Resolution Number 2, relative to 21 the adjournment of the Extraordinary Session 22 of the Legislature sine die. 23 "RESOLVED, That the Legislature 24 adjourn the Extraordinary Session sine die on 25 November 18, 2008, at the close of business."

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT WINNER: All 2 those in favor of the resolution signify by 3 saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT WINNER: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT WINNER: The 9 resolution is adopted. 10 Senator Libous. 11 SENATOR LIBOUS: I move to 12 adjourn the extraordinary session. 13 ACTING PRESIDENT WINNER: The 14 extraordinary session is adjourned sine die. 15 (Whereupon, at 2:05 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910