Wednesday, June 24, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 24, 2009 11 3:03 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 ACTING PRESIDENT STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 In the absence of clergy, may we all bow our 11 heads for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you. 16 Senator Smith, I have at the desk 17 here a proclamation which I am handing down to 18 the Secretary at this time. 19 The Secretary will read. 20 THE SECRETARY: "Proclamation. 21 "Pursuant to the power vested in me 22 by Article IV, Section 3 of the Constitution, 23 I hereby convene the Senate of the State of 24 New York in Extraordinary Session at the

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(518) 371-8910 1 Capitol, in the City of Albany, on the 2 twenty-fourth day of June, two thousand nine, 3 at three o'clock, for the purpose of 4 considering legislation with respect to 5 various issues and for the consideration of 6 legislation with respect to such other 7 subjects as I may recommend. 8 "Given under my hand and the privy 9 seal of the State, in the City of Albany, this 10 twenty-third day of June in the year 11 two thousand nine, by the Governor, David A. 12 Paterson." 13 ACTING PRESIDENT STEWART-COUSINS: 14 The proclamation having been read, the session 15 is in extraordinary session. 16 Senator Klein. 17 SENATOR KLEIN: Point of order, 18 Madam President. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Klein, why do you rise? 21 SENATOR KLEIN: My point of 22 order, Madam President, is regarding legal 23 concerns about the Senate-only extraordinary 24 session.

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(518) 371-8910 1 Because the Governor called only 2 the Senate for an extraordinary session and 3 not the Assembly, it is questionable that the 4 bills that the Senate passed could result in 5 any laws being enacted, even if those bills 6 contain the same language as bills previously 7 passed by the Assembly. 8 It is clear the Governor has the 9 power under Article IV, Section 3 of the 10 Constitution to call only the Senate and leave 11 the Assembly at home for an extraordinary 12 session. However, it is not clear that a 13 Senate-only extraordinary session can result 14 in any bills becoming law. 15 So the bills that were passed by 16 the Assembly in regular session that now are 17 before us in extraordinary session would be 18 invalid. 19 It's interesting to note, Madam 20 President, that when Article IV, Section 3 of 21 the State Constitution was added -- the 22 section was added which states "Senate 23 only" -- in 1821, the reports of the 24 proceedings and debates of the convention of

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(518) 371-8910 1 1821, assembled for the purpose of amending 2 the Constitution of the State of New York, 3 containing all the official documents relating 4 to the subject and other valued materials. 5 It's also interesting to note, 6 Madam President, that then Senator Martin Van 7 Buren moved to insert the words "or the Senate 8 only." The amendment was supported by the 9 mover upon the ground that it might be 10 necessary for the Senate, with whom was lodged 11 a part of the appointing power, to be convened 12 without the other branch of the Legislature. 13 So if we were here just doing the 14 job that we can only do as a Senate body, the 15 appointing authority, it would probably be 16 valid. But if we are taking up legislation, 17 we need the Assembly to be here as well for an 18 extraordinary session. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Thank you, Senator Klein. 21 The ruling of the chair is that 22 this Extraordinary Session Number 2 has not 23 been noticed in conformity with applicable 24 provisions of the New York State Constitution

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(518) 371-8910 1 and well-established parliamentary practice of 2 this house. 3 Senator Smith. 4 SENATOR SMITH: Yes, Madam 5 President. I rise, one, to appeal to our 6 colleagues on the other side of the aisle. 7 Obviously, this is no longer a time for us to 8 do politics, this is more of a time for us to 9 do work. 10 We are hoping that this 11 Extraordinary Session Number 2, 12 notwithstanding the legalities or the 13 constitutionality of this session, that at 14 least our colleagues on the other side of the 15 aisle would show up for work. Clearly, for 16 them it's more about politics than it is about 17 performing the people's business. 18 This is very important for us to 19 show the people that we can rise above all of 20 that. Unfortunately, they have chose not to 21 do that. 22 But notwithstanding that, Madam 23 President, given -- in light of what my 24 learned colleague Senator Klein has put forth,

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(518) 371-8910 1 Madam President, I ask that we would move to 2 adjourn this body today and that we will not 3 take up any business and we adjourn sine die. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Thank you, Senator Smith. 6 Being there is no further business 7 to come before the Senate, on motion, the 8 second extraordinary session is adjourned 9 sine die. 10 (Whereupon, at 3:08 p.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910