Gaveled in 10:07 AM · Albany, New York · 2009–10 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 30, 2009 11 10:07 a.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. 17 SENATOR SMITH: Yes, Madam 18 President. Is there a proclamation from the 19 Governor at the desk? 20 ACTING PRESIDENT STEWART-COUSINS: 21 Yes, Senator Smith, there is a proclamation 22 here at the desk. 23 The Secretary will read. 24 THE SECRETARY: "Pursuant to the
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(518) 371-8910 1 power vested in me by Article IV, Section 3 of 2 the Constitution, I hereby convene the Senate 3 of the State of New York in Extraordinary 4 Session at the Capitol, in the City of Albany, 5 on the thirtieth day of June, two thousand 6 nine, at ten o'clock a.m., for the purpose of 7 considering legislation I will submit with 8 respect to various subjects. 9 "Given under my hand and the Privy 10 Seal of the State in the City of Albany this 11 twenty-ninth day of June in the year 12 two thousand nine by the Governor, David A. 13 Paterson." 14 ACTING PRESIDENT STEWART-COUSINS: 15 The proclamation having been read, the Senate 16 is in extraordinary session. 17 There will be a quorum call. I ask 18 the Secretary to read. 19 THE SECRETARY: Senator Adams. 20 SENATOR ADAMS: Present. 21 THE SECRETARY: Senator Addabbo. 22 SENATOR ADDABBO: Here. 23 THE SECRETARY: Senator Alesi. 24 (No response.)
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(518) 371-8910 1 THE SECRETARY: Senator 2 Aubertine. 3 SENATOR AUBERTINE: Here. 4 THE SECRETARY: Senator Bonacic. 5 (No response.) 6 THE SECRETARY: Senator Breslin. 7 SENATOR BRESLIN: Here. 8 THE SECRETARY: Senator 9 DeFrancisco. 10 (No response.) 11 THE SECRETARY: Senator Diaz. 12 SENATOR DIAZ: Present. 13 THE SECRETARY: Senator Dilan. 14 SENATOR DILAN: Present. 15 THE SECRETARY: Senator Duane. 16 SENATOR DUANE: Here. 17 THE SECRETARY: Senator Espada. 18 (No response.) 19 THE SECRETARY: Senator Farley. 20 (No response.) 21 THE SECRETARY: Senator Flanagan. 22 (No response.) 23 THE SECRETARY: Senator Foley. 24 SENATOR FOLEY: Present.
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(518) 371-8910 1 THE SECRETARY: Senator 2 Fuschillo. 3 (No response.) 4 THE SECRETARY: Senator Golden. 5 (No response.) 6 THE SECRETARY: Senator Griffo. 7 (No response.) 8 THE SECRETARY: Senator Hannon. 9 (No response.) 10 THE SECRETARY: Senator 11 Hassell-Thompson. 12 SENATOR HASSELL-THOMPSON: Here. 13 THE SECRETARY: Senator Huntley. 14 SENATOR HUNTLEY: Here. 15 THE SECRETARY: Senator Craig 16 Johnson. 17 SENATOR CRAIG JOHNSON: Here. 18 THE SECRETARY: Senator O. 19 Johnson. 20 (No response.) 21 THE SECRETARY: Senator Klein. 22 SENATOR KLEIN: Here. 23 THE SECRETARY: Senator 24 L. Krueger.
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(518) 371-8910 1 SENATOR LIZ KRUEGER: Here. 2 THE SECRETARY: Senator C. 3 Kruger. 4 SENATOR CARL KRUGER: Here. 5 THE SECRETARY: Senator Lanza. 6 (No response.) 7 THE SECRETARY: Senator Larkin. 8 (No response.) 9 THE SECRETARY: Senator LaValle. 10 (No response.) 11 THE SECRETARY: Senator Leibell. 12 (No response.) 13 THE SECRETARY: Senator Libous. 14 (No response.) 15 THE SECRETARY: Senator Little. 16 (No response.) 17 THE SECRETARY: Senator 18 Marcellino. 19 (No response.) 20 THE SECRETARY: Senator Maziarz. 21 (No response.) 22 THE SECRETARY: Senator McDonald. 23 (No response.) 24 THE SECRETARY: Senator
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(518) 371-8910 1 Monserrate. 2 SENATOR MONSERRATE: Here. 3 THE SECRETARY: Senator 4 Montgomery. 5 SENATOR MONTGOMERY: Here. 6 THE SECRETARY: Senator Morahan. 7 (No response.) 8 THE SECRETARY: Senator Nozzolio. 9 (No response.) 10 THE SECRETARY: Senator Onorato. 11 SENATOR ONORATO: Here. 12 THE SECRETARY: Senator 13 Oppenheimer. 14 SENATOR OPPENHEIMER: Here. 15 THE SECRETARY: Senator Padavan. 16 (No response.) 17 THE SECRETARY: Senator Parker. 18 (No response.) 19 THE SECRETARY: Senator Perkins. 20 SENATOR PERKINS: Aqui. 21 THE SECRETARY: Senator 22 Ranzenhofer. 23 (No response.) 24 THE SECRETARY: Senator Robach.
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(518) 371-8910 1 (No response.) 2 THE SECRETARY: Senator Saland. 3 (No response.) 4 THE SECRETARY: Senator Sampson. 5 SENATOR SAMPSON: Here. 6 THE SECRETARY: Senator Savino. 7 SENATOR SAVINO: Here. 8 THE SECRETARY: Senator 9 Schneiderman. 10 SENATOR SCHNEIDERMAN: Here. 11 THE SECRETARY: Senator Serrano. 12 SENATOR SERRANO: Here. 13 THE SECRETARY: Senator Seward. 14 (No response.) 15 THE SECRETARY: Senator Skelos. 16 (No response.) 17 THE SECRETARY: Senator Smith. 18 SENATOR SMITH: Here. 19 THE SECRETARY: Senator Squadron. 20 SENATOR SQUADRON: Here. 21 THE SECRETARY: Senator 22 Stachowski. 23 SENATOR STACHOWSKI: Here. 24 THE SECRETARY: Senator Stavisky.
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(518) 371-8910 1 SENATOR STAVISKY: Here. 2 THE SECRETARY: Senator 3 Stewart-Cousins. 4 SENATOR STEWART-COUSINS: Here. 5 THE SECRETARY: Senator Thompson. 6 SENATOR THOMPSON: Present. 7 THE SECRETARY: Senator Valesky. 8 SENATOR VALESKY: Present. 9 THE SECRETARY: Senator Volker. 10 (No response.) 11 THE SECRETARY: Senator Winner. 12 (No response.) 13 THE SECRETARY: Senator Young. 14 (No response.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Smith. 17 SENATOR SMITH: Madam President, 18 having read the quorum call, I would ask that 19 we instruct the Secretary to please read the 20 unexcused absentees. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The Secretary will call the absentees. 23 THE SECRETARY: Senator Alesi. 24 (No response.)
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(518) 371-8910 1 THE SECRETARY: Senator Bonacic. 2 (No response.) 3 THE SECRETARY: Senator 4 DeFrancisco. 5 (No response.) 6 THE SECRETARY: Senator Espada. 7 (No response.) 8 THE SECRETARY: Senator Farley. 9 (No response.) 10 THE SECRETARY: Senator Flanagan. 11 (No response.) 12 (Members of the Republican 13 Conference begin to enter the chamber.) 14 THE SECRETARY: Senator 15 Fuschillo. 16 SENATOR FUSCHILLO: Here. 17 THE SECRETARY: Senator Golden. 18 (No response.) 19 THE SECRETARY: Senator Griffo. 20 (Senator Griffo was marked as 21 present.) 22 THE SECRETARY: Senator Hannon. 23 (No response.) 24 THE SECRETARY: Senator O.
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(518) 371-8910 1 Johnson. 2 SENATOR OWEN JOHNSON: Here. 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 16 Marcellino. 17 SENATOR MARCELLINO: I'm here. 18 THE SECRETARY: Senator Maziarz. 19 SENATOR MAZIARZ: Here. 20 THE SECRETARY: Senator McDonald. 21 SENATOR McDONALD: Here. 22 THE SECRETARY: Senator Morahan. 23 SENATOR MORAHAN: Here. 24 THE SECRETARY: Senator Nozzolio.
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(518) 371-8910 1 SENATOR NOZZOLIO: Present. 2 THE SECRETARY: Senator Padavan. 3 SENATOR PADAVAN: Here. 4 THE SECRETARY: Senator 5 Ranzenhofer. 6 SENATOR RANZENHOFER: Here. 7 THE SECRETARY: Senator Parker. 8 (No response.) 9 THE SECRETARY: Senator Robach. 10 SENATOR ROBACH: Here. 11 THE SECRETARY: Senator Saland. 12 SENATOR SALAND: Here. 13 THE SECRETARY: Senator Seward. 14 SENATOR SEWARD: Present. 15 THE SECRETARY: Senator Skelos. 16 (Senator Skelos was marked as 17 present.) 18 THE SECRETARY: Senator Volker. 19 SENATOR VOLKER: Here. 20 THE SECRETARY: Senator Winner. 21 (Senator Winner was marked as 22 present.) 23 THE SECRETARY: Senator Young. 24 SENATOR YOUNG: Here.
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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Smith. 3 SENATOR SMITH: Madam President, 4 has a quorum been established? 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Smith, a quorum is present. 7 SENATOR SMITH: I ask that we 8 stand at ease. 9 SENATOR SKELOS: Madam President, 10 I'd like to be heard. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Skelos. 13 SENATOR SMITH: Madam President, 14 I ask that we stand at ease. Madam President, 15 I ask that we stand at ease. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The Senate stands at ease. 18 SENATOR SKELOS: I'd like to vote 19 on that, whether we should stand at ease. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The call to stand at ease is not debatable, 22 Senator Skelos. 23 SENATOR LIBOUS: Point of order, 24 Madam President.
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(518) 371-8910 1 SENATOR SKELOS: Point of order. 2 Appeal the ruling of the chair. 3 SENATOR LIBOUS: We appeal the 4 ruling of the chair. That is a motion that 5 can be voted on. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Skelos. 8 SENATOR SKELOS: Senator 9 Stewart-Cousins, normally the presiding 10 officer is referred to as the president. I 11 can't do that because we do not believe that 12 you are appropriately standing there as the 13 presiding officer, that the designation of a 14 presiding officer should be made by Senator 15 Espada or myself pursuant to the rules changes 16 that were adopted on June 8th and the vote 17 that occurred changing leadership within this 18 chamber. 19 The decision that was given by the 20 judge yesterday and I believe that will be on 21 appeal is that the Senate should convene. 22 Again, we do not acknowledge you as the 23 presiding officer. 24 And also, we should point out that
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(518) 371-8910 1 it's been the position of the Democrats that 2 no bills can be taken up legally in a special 3 session by the fact that the Assembly is also 4 not in session at the same time. 5 So I would urge that we adjourn and 6 end this so-called session, extraordinary 7 session called by the Governor. Again, our 8 belief is that you are not the appropriate 9 person to be presiding -- nothing personally, 10 but that you are not the appropriate person to 11 be presiding at this time. 12 I would also urge Senator Smith -- 13 and I know that Senator Espada feels the same 14 way -- that we should immediately, Senator 15 Smith, Senator Sampson, Senator Espada and 16 myself, conduct open public meetings, as was 17 mentioned by Senator Sampson, to discuss -- 18 open, public -- starting at noon today, open 19 public meetings so we can show how a long-term 20 agreement through 2010 is necessary in terms 21 of a number of issues concerning resources, 22 concerning how this chamber operates, so that 23 we do not continue in this type of a gridlock 24 situation.
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(518) 371-8910 1 So, Madam President -- Senator 2 Stewart-Cousins, rather -- 3 ACTING PRESIDENT STEWART-COUSINS: 4 That's all right, I accept. 5 (Laughter.) 6 SENATOR SKELOS: I would move 7 that we adjourn at this time sine die. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you, Senator Skelos. 10 Senator Smith. 11 SENATOR SMITH: Yes, Madam 12 President. I thank you for your presiding 13 over today's chambers. Obviously you are the 14 presiding officer of this day, duly 15 acknowledged. 16 We do understand that the judge 17 made a ruling that we convene as we are 18 convening today, there's no question about 19 that. 20 We do have a privileged resolution 21 at the desk with regard to a operating 22 agreement that we would like to move for 23 adoption. 24 Madam President, I do want to at
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(518) 371-8910 1 this time, though, recognize Senator Klein. 2 And at that moment we'll move to determine 3 whether we will adjourn. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Klein. 6 SENATOR KLEIN: Thank you, Madam 7 President. 8 I rise today in support of an 9 operating agreement -- 10 SENATOR SKELOS: Excuse me, I 11 believe there's a motion to adjourn that I've 12 made. 13 ACTING PRESIDENT STEWART-COUSINS: 14 That was I guess after the motion to stand at 15 ease, and -- 16 SENATOR SKELOS: No, I believe 17 there was a motion to adjourn. 18 SENATOR KLEIN: Madam President. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Klein. 21 SENATOR KLEIN: I move to 22 adjourn. 23 ACTING PRESIDENT STEWART-COUSINS: 24 On motion, this extraordinary session is
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(518) 371-8910 1 adjourned sine die. 2 (Whereupon, at 10:22 a.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
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(518) 371-8910