Tuesday, June 23, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 23, 2009 11 3:00 p.m. 12 13 14 EXTRAORDINARY SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 (Whereupon, at 3:00 p.m., the 3 Acting President gaveled the session to order, 4 discussions were held off the record, and the 5 Senate stood at ease at 3:19 p.m.) 6 (Whereupon, the Senate reconvened 7 at 4:21 p.m.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Smith. 10 SENATOR SMITH: Madam President, 11 have we received the proclamation from the 12 Governor's office? I'd like to have that 13 read. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The Secretary will read. 16 THE SECRETARY: "Proclamation. 17 "Pursuant to the power vested in me 18 by Article IV, Section 3 of the Constitution, 19 I hereby convene the Senate in Extraordinary 20 Session at the Capitol, in the City of Albany, 21 on the twenty-third day of June, two thousand 22 nine, at three p.m., for the purpose of 23 considering legislation with respect to 24 various subjects.

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(518) 371-8910 1 "Given under my hand and the privy 2 seal of the State, in the City of Albany, this 3 twenty-second day of June in the year 4 two thousand nine, David A. Paterson, 5 Governor." 6 ACTING PRESIDENT STEWART-COUSINS: 7 The proclamation having been read, the Senate 8 returns to extraordinary session. 9 And the record should reflect a 10 quorum of all 62 Senators present in the 11 chamber when we began this extraordinary 12 session at 3:00 p.m. today. 13 Senator Smith. 14 SENATOR SMITH: Yes, thank you, 15 Madam President. 16 Madam President, I move that we 17 have an immediate meeting of the Rules 18 Committee in the Majority Conference Room, and 19 that we stand at ease until such time as we 20 return. 21 ACTING PRESIDENT STEWART-COUSINS: 22 There will be an immediate meeting of the 23 Rules Committee in the Majority Conference 24 Room, Room 332.

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(518) 371-8910 1 The Senate will stand at ease 2 pending the report of the Rules Committee. 3 (Whereupon, the Senate stood at 4 ease at 4:22 p.m.) 5 (Whereupon, the Senate reconvened 6 at 4:32 p.m.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 The Senate will come to order. 9 Majority Leader Smith. 10 SENATOR SMITH: Yes, Madam 11 President. May we return to the order of 12 reports of standing committees. 13 I believe there is a report of the 14 Rules Committee at the desk, and we move for 15 its immediate adoption. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Smith, there is a report of the Rules 18 Committee at the desk. 19 The Secretary will read. 20 THE SECRETARY: Senator Smith, 21 from the Senate Committee on Rules, reports 22 the following bills: 23 Extraordinary Session Senate Print 24 Number 1, by the Senate Committee on Rules,

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(518) 371-8910 1 Power for Jobs extender; 2 Extraordinary Session Senate Print 3 Number 5, amends certain provisions of the 4 New York State Financial Emergency Act; 5 Extraordinary Session Senate Print 6 Number 8, by the Senate Committee on Rules, 7 increases the bond and note authorization; 8 Extraordinary Session Senate Print 9 Number 16, by the Senate Committee on Rules, 10 relates to the effectiveness of the sale of 11 bonds and notes; 12 And Extraordinary Session Senate 13 Print Number 25, by the Senate Committee on 14 Rules, increases the amount of reimbursement 15 the Division of Veterans Affairs shall 16 provide. 17 All bills reported direct to third 18 reading. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Smith. 21 SENATOR SMITH: Yes, Madam 22 President. I move the adoption of the Rules 23 Committee report. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 All those in favor of adopting the report of 2 the Rules Committee please signify by saying 3 aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT STEWART-COUSINS: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 The report of the Rules Committee is adopted. 10 Senator Smith. 11 SENATOR SMITH: Madam President, 12 can we move to the reading of the 13 noncontroversial calendar of the Extraordinary 14 Session. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1 -- 19 SENATOR SMITH: Is there a 20 message of necessity at the desk? 21 ACTING PRESIDENT STEWART-COUSINS: 22 The Secretary will read first. 23 THE SECRETARY: Calendar Number 24 1, by the Senate Committee on Rules,

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(518) 371-8910 1 Extraordinary Session Senate Print Number 1, 2 an act to amend the Economic Development Law 3 and others. 4 SENATOR SMITH: Madam President, 5 is there a message of necessity at the desk? 6 ACTING PRESIDENT STEWART-COUSINS: 7 Yes, Senator Smith, there is a message of 8 necessity. It has been received from the 9 Governor, and it is here at the desk. 10 SENATOR SMITH: Move to accept 11 the message of necessity at this time. 12 ACTING PRESIDENT STEWART-COUSINS: 13 All those in favor of accepting the message of 14 necessity please signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT STEWART-COUSINS: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 The message of necessity is accepted. 21 Read the last section. 22 THE SECRETARY: Section 11. This 23 act shall take effect immediately. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 Announce the results. 5 THE SECRETARY: Ayes, 62. Nays, 6 0. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 The Secretary will continue to 10 read. 11 THE SECRETARY: Calendar Number 12 2, by the Senate Committee on Rules, 13 Extraordinary Session Senate Print Number 5, 14 an act to amend the New York State Financial 15 Emergency Act. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Smith. 18 SENATOR SMITH: Madam President, 19 is there a message of necessity at the desk? 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Smith, the message of necessity has 22 been received from the Governor and it is here 23 at the desk. 24 SENATOR SMITH: Move to accept.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 All those in favor of accepting the message of 3 necessity please signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT STEWART-COUSINS: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 The message of necessity is accepted. 10 Read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 Announce the results. 18 THE SECRETARY: Ayes, 62. Nays, 19 0. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The bill is passed. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 3, by the Senate Committee on Rules, 2 Extraordinary Session Senate Print Number 8, 3 an act to amend the Private Housing Finance 4 Law. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Smith. 7 SENATOR SMITH: Yes. Is there a 8 message of necessity at the desk? 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Smith, a message of necessity has been 11 received from the Governor and it is here at 12 the desk. 13 SENATOR SMITH: I move that we 14 accept. 15 ACTING PRESIDENT STEWART-COUSINS: 16 All those in favor of accepting the message of 17 necessity please signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT STEWART-COUSINS: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 The message of necessity is accepted. 24 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 4. This 2 act shall take effect immediately. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 Announce the results. 8 THE SECRETARY: Ayes, 62. Nays, 9 0. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The bill is passed. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: Calendar Number 15 4, by the Senate Committee on Rules, 16 Extraordinary Session Senate Print Number 16, 17 an act to amend the Local Finance Law. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Smith. 20 SENATOR SMITH: Yes, Madam 21 President. Is there a message of necessity at 22 the desk? 23 ACTING PRESIDENT STEWART-COUSINS: 24 Yes, a message of necessity has been received

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(518) 371-8910 1 from the Governor and it is here at the desk. 2 SENATOR SMITH: Move that we 3 accept. 4 ACTING PRESIDENT STEWART-COUSINS: 5 All those in favor of accepting the message of 6 necessity please signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT STEWART-COUSINS: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 The message of necessity is accepted. 13 Read the last section. 14 THE SECRETARY: Section 10. This 15 act shall take effect immediately. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Announce the results. 21 THE SECRETARY: Ayes, 62. Nays, 22 0. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill is passed.

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(518) 371-8910 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 5, by the Senate Committee on Rules, 5 Extraordinary Session Senate Print Number 25, 6 an act to amend the Executive Law. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Smith. 9 SENATOR SMITH: Yes, Madam 10 President. Is there a message of necessity at 11 the desk? 12 ACTING PRESIDENT STEWART-COUSINS: 13 Yes, Senator Smith, a message of necessity has 14 been received from the Governor and is here at 15 the desk. 16 SENATOR SMITH: Yes, I move that 17 we accept. 18 ACTING PRESIDENT STEWART-COUSINS: 19 All those in favor of accepting the message of 20 necessity please signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT STEWART-COUSINS: 23 Opposed, nay. 24 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The message of necessity is accepted. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Announce the results. 11 THE SECRETARY: Ayes, 62. Nays, 12 0. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The bill is passed. 15 Senator Smith. 16 SENATOR SMITH: Madam President, 17 I ask that we just stand at ease just for 18 about three minutes. 19 ACTING PRESIDENT STEWART-COUSINS: 20 The Senate will stand at ease. 21 (Whereupon, the Senate stood at 22 ease at 4:37 p.m.) 23 (Whereupon, the Senate reconvened 24 at 5:43 p.m.)

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The Senate will come to order. 3 Majority Leader Smith. 4 SENATOR SMITH: Yes, Madam 5 President. I move that we come back from 6 being at ease and we have a meeting of the 7 Rules Committee at 5:45. 8 We'll stand at east until such time 9 as the Rules Committee reports. 10 ACTING PRESIDENT STEWART-COUSINS: 11 There will be a meeting of the Rules Committee 12 in the Majority Conference Room, Room Number 13 332, at 5:45. 14 The Senate will stand at ease 15 pending the report of the Rules Committee. 16 (Whereupon, the Senate stood at 17 ease at 5:44 p.m.) 18 (Whereupon, the Senate reconvened 19 at 6:38 p.m.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 The Senate will come to order. 22 Senator Smith. 23 SENATOR SMITH: Yes, Madam 24 President. We will return to the report of

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(518) 371-8910 1 the Rules Committee, please, and have its 2 report read. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Smith, there is a report of the Rules 5 Committee here at the desk. 6 The Secretary will read. 7 THE SECRETARY: Senator Smith, 8 from the Committee on Rules, reports the 9 following bills: 10 Extraordinary Session Senate Print 11 Number 2, by the Senate Committee on Rules, an 12 act to amend Chapter 352 of the Laws of 2005; 13 Extraordinary Session Senate Print 14 Number 26, by the Senate Committee on Rules, 15 an act in relation to the implementation; 16 Extraordinary Session Senate Print 17 Number 28, by the Senate Committee on Rules, 18 an act to amend the Local Finance Law; 19 Extraordinary Session Senate Print 20 Number 39, by the Senate Committee on Rules, 21 an act to amend Chapter 331 of the Laws of 22 2007; 23 Extraordinary Session Senate Print 24 Number 41, by the Senate Committee on Rules,

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(518) 371-8910 1 an act to amend Chapter 738 of the Laws of 2 2005; 3 Extraordinary Session Senate Print 4 Number 42, by the Senate Committee on Rules, 5 an act to amend Chapter 405 of the Laws of 6 2007; 7 Extraordinary Session Senate Print 8 Number 46, by the Senate Committee on Rules, 9 an act to amend the Vehicle and Traffic Law 10 and the State Finance Law; 11 Extraordinary Session Senate Print 12 Number 324, by the Senate Committee on Rules, 13 an act to amend the Tax Law; 14 And Extraordinary Session Senate 15 Print Number 325, by the Senate Committee on 16 Rules, an act to amend the Tax Law. 17 All bills ordered direct to third 18 reading. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Smith. 21 SENATOR SMITH: Yes, Madam 22 President. I move that we accept the Rules 23 report for this extraordinary session. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 All those in favor of adopting the report of 2 the Rules Committee please signify by saying 3 aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT STEWART-COUSINS: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 The report of the Rules Committee is adopted. 10 Senator Smith. 11 SENATOR SMITH: Madam President, 12 at this time can we take up the 13 noncontroversial calendar for this 14 extraordinary session. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 6, by the Senate Committee on Rules, 19 Extraordinary Session Senate Print Number 2, 20 an act to amend Chapter 352 of the Laws of 21 2005, amending the Education Law. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Smith. 24 SENATOR SMITH: Yes, Madam

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(518) 371-8910 1 President. Is there a message of necessity at 2 the desk? 3 ACTING PRESIDENT STEWART-COUSINS: 4 Yes, Senator Smith, a message of necessity has 5 been received from the Governor and it is here 6 at the desk. 7 SENATOR SMITH: I move that we 8 accept the message of necessity. 9 ACTING PRESIDENT STEWART-COUSINS: 10 All those in favor of accepting the message of 11 necessity signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT STEWART-COUSINS: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 The message of necessity is accepted. 18 Read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect July 1, 2009. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 62. Nays, 3 0. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: Calendar Number 9 7, by the Senate Committee on Rules, 10 Extraordinary Session Senate Print Number 26, 11 an act in relation to the implementation of 12 the terms of a written agreement. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Smith. 15 SENATOR SMITH: Yes, Madam 16 President. Is there a message of necessity at 17 the desk? 18 ACTING PRESIDENT STEWART-COUSINS: 19 Yes, Senator Smith, there is a message of 20 necessity from the Governor here at the desk. 21 SENATOR SMITH: I move that we 22 accept the message of necessity from the 23 Governor that is at the desk. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 All those in favor of accepting the message of 2 necessity signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT STEWART-COUSINS: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 The message is accepted. 9 The Secretary will read the last 10 section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 Announce the results. 18 THE SECRETARY: Ayes, 62. Nays, 19 0. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The bill is passed. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 8, by the Senate Committee on Rules, 2 Extraordinary Session Senate Print Number 28, 3 an act to amend the Local Finance Law. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Smith. 6 SENATOR SMITH: Yes, Madam 7 President. Is there a message of necessity at 8 the desk from the Governor? 9 ACTING PRESIDENT STEWART-COUSINS: 10 Yes, Senator Smith, a message of necessity has 11 been received from the Governor and it is here 12 at the desk. 13 SENATOR SMITH: I move that we 14 accept the message of necessity as received 15 from the Governor. 16 ACTING PRESIDENT STEWART-COUSINS: 17 All those in favor of accepting the message of 18 necessity signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT STEWART-COUSINS: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 The message is accepted.

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(518) 371-8910 1 The Secretary will read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Ayes, 62. Nays, 11 0. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 9, by the Senate Committee on Rules, 18 Extraordinary Session Senate Print Number 39, 19 an act to amend Chapter 331 of the Laws of 20 2007, authorizing the City of Olean. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Smith. 23 SENATOR SMITH: Yes, Madam 24 President. Is there a message of necessity

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(518) 371-8910 1 from the Governor? 2 ACTING PRESIDENT STEWART-COUSINS: 3 Yes, Senator Smith, a message of necessity has 4 been received from the Governor and is here at 5 the desk. 6 SENATOR SMITH: I move that we 7 accept the message of necessity that has been 8 sent by the Governor. 9 ACTING PRESIDENT STEWART-COUSINS: 10 All those in favor of accepting the message of 11 necessity signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT STEWART-COUSINS: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT STEWART-COUSINS: 17 The message is accepted. 18 The Secretary will continue to 19 read. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Call the roll. 24 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Announce the results. 3 THE SECRETARY: Ayes, 62. Nays, 4 0. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is passed. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: Calendar Number 10 10, by the Senate Committee on Rules, 11 Extraordinary Session Senate Print Number 41, 12 an act to amend Chapter 738 of the Laws of 13 2005, relating to establishing. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Smith. 16 SENATOR SMITH: Yes, Madam 17 President. Is there a message of necessity 18 sent to us by the Governor? 19 ACTING PRESIDENT STEWART-COUSINS: 20 Yes, Senator Smith, there is a message of 21 necessity that has been received from the 22 Governor here at the desk. 23 SENATOR SMITH: I move that we 24 accept the message of necessity that was sent

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(518) 371-8910 1 by the Governor. 2 ACTING PRESIDENT STEWART-COUSINS: 3 All those in favor of accepting the message of 4 necessity signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT STEWART-COUSINS: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 The message of necessity is accepted. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT STEWART-COUSINS: 18 Announce the results. 19 THE SECRETARY: Ayes, 62. Nays, 20 0. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 The Secretary will continue to 24 read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 11, by the Senate Committee on Rules, 3 Extraordinary Session Senate Print Number 42, 4 an act to amend Chapter 405 of the Laws of 5 2007, amending the Tax Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Smith. 8 SENATOR SMITH: Yes, Madam 9 President. Is there a message of necessity at 10 the desk? 11 ACTING PRESIDENT STEWART-COUSINS: 12 Yes, Senator Smith, there is a message of 13 necessity that has been received from the 14 Governor here at the desk. 15 SENATOR SMITH: I move that we 16 accept the message of necessity that was sent 17 to us by the Governor. 18 ACTING PRESIDENT STEWART-COUSINS: 19 All those in favor of accepting the message of 20 necessity please signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT STEWART-COUSINS: 23 Opposed, nay. 24 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 The message of necessity is accepted. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Announce the results. 11 THE SECRETARY: Ayes, 62. Nays, 12 0. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The bill is passed. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 12, by the Senate Committee on Rules, 18 Extraordinary Session Senate Print Number 46, 19 an act to amend the Vehicle and Traffic Law 20 and the State Finance Law, in relation to a 21 mandatory surcharge. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Smith. 24 SENATOR SMITH: Yes, Madam

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(518) 371-8910 1 President, is there a message of necessity 2 sent by the Governor at the desk? 3 ACTING PRESIDENT STEWART-COUSINS: 4 Yes, Senator Smith, there is a message of 5 necessity that has been received from the 6 Governor here at the desk. 7 SENATOR SMITH: Thank you, Madam 8 President. I move that we now accept that 9 message of necessity that was sent by the 10 Governor. 11 ACTING PRESIDENT STEWART-COUSINS: 12 All those in favor of accepting the message of 13 necessity please signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT STEWART-COUSINS: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 The message is accepted. 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 THE SECRETARY: Ayes, 62. Nays, 5 0. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is passed. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 13, by the Senate Committee on Rules, 12 Extraordinary Session Senate Print Number 324, 13 an act to amend the Tax Law, in relation to 14 authorizing the County of Schoharie. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Smith. 17 SENATOR SMITH: Yes, Madam 18 President. I believe there is a message of 19 necessity at the desk that was sent by the 20 Governor. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Smith, you are right, there is a 23 message of necessity that has been received 24 from the Governor here at the desk.

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(518) 371-8910 1 SENATOR SMITH: And I move that 2 we accept that message of necessity that was 3 sent by the Governor. 4 ACTING PRESIDENT STEWART-COUSINS: 5 All those in favor of accepting the message of 6 necessity signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT STEWART-COUSINS: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 The message is accepted. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of the 16 month next succeeding. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Announce the results. 22 THE SECRETARY: Ayes, 62. Nays, 23 0. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The bill is passed. 2 The Secretary will continue to 3 read. 4 THE SECRETARY: Calendar Number 5 14, by the Senate Committee on Rules, 6 Extraordinary Session Senate Print Number 325, 7 an act to amend the Tax Law, in relation to 8 increasing. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Smith. 11 SENATOR SMITH: Yes, Madam 12 President, I believe there is a message of 13 necessity at the desk that was sent by the 14 Governor. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Yes, Senator Smith, there is a message of 17 necessity from the Governor that has been 18 received at the desk. 19 SENATOR SMITH: I move that we 20 accept that message of necessity that was sent 21 by the Governor. 22 ACTING PRESIDENT STEWART-COUSINS: 23 All those in favor of accepting the message of 24 necessity signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT STEWART-COUSINS: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT STEWART-COUSINS: 6 The message of necessity is accepted. 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 Announce the results. 15 THE SECRETARY: Ayes, 62. Nays, 16 0. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bill is passed. 19 Senator Smith, that completes the 20 noncontroversial reading of Extraordinary 21 Session Calendar Number 1A. 22 SENATOR SMITH: Madam President, 23 is there any other bills for this 24 extraordinary session that has been sent to

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(518) 371-8910 1 the desk by the Governor? 2 ACTING PRESIDENT STEWART-COUSINS: 3 The desk is clear, Senator Smith. 4 SENATOR SMITH: That being the 5 case, Madam President, I move that now that we 6 have finished the business that the Governor 7 has sent forward to us for this extraordinary 8 session today, I move that we adjourn 9 sine die. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The Senate will stand adjourned sine die, on 12 motion of Senator Smith. 13 (Whereupon, at 6:48 p.m., the 14 Senate adjourned sine die.) 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910