Thursday, July 2, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 2, 2009 11 3:06 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 Klein. 17 SENATOR KLEIN: Madam President, 18 is there a proclamation from the Governor at 19 the desk? 20 ACTING PRESIDENT STEWART-COUSINS: 21 Yes, Senator Klein, 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 5 Albany, on the second day of July, 6 two thousand nine, at three o'clock p.m., for 7 the purpose of considering legislation I will 8 submit with respect to various subjects, and 9 acting on gubernatorial nominations. 10 "Given under my hand and the Privy 11 Seal of the State in the City of Albany this 12 first day of July in the year two thousand 13 nine, by the Governor, David A. Paterson." 14 ACTING PRESIDENT STEWART-COUSINS: 15 The proclamation having been read, the Senate 16 is in extraordinary session. 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 can you please recognize Senator Skelos. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Certainly. Senator Skelos. 22 SENATOR SKELOS: Senator 23 Stewart-Cousins, delighted to see you again 24 today.

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(518) 371-8910 1 And I should just point out that 2 normally the presiding officer is referred to 3 as Madam President or Mr. President. And 4 unfortunately, I cannot do that today because 5 I don't believe that you are properly 6 designated to preside. The designation of a 7 presiding officer should be made by Senator 8 Espada or myself pursuant to the rules changes 9 that took place on June 8th and the vote that 10 occurred that day changing leadership of this 11 body. 12 The decision by the judge that the 13 Senate should convene, we should point out 14 that this has been the position of the 15 Democrats that no bills may be taken up 16 legally in special session and in fact without 17 the Assembly in town. And I believe that's 18 also Governor Paterson's decision. 19 So again, we do not recognize you, 20 that you are the appropriate designating, and 21 I'd like to move to adjourn at this time. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator Skelos. 24 SENATOR SKELOS: Lay aside the

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(518) 371-8910 1 calendar and move to adjourn at this time, 2 sine die. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator Skelos. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 not only do I duly recognize you as president, 8 but your scarf is particularly lovely today. 9 (Laughter.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 Thank you, Senator Klein. 12 SENATOR KLEIN: Madam President, 13 I move that we do not take up any legislative 14 activity today and that we adjourn this 15 special session sine die. 16 ACTING PRESIDENT STEWART-COUSINS: 17 On motion of Senator Klein, we adjourn 18 sine die. 19 (Whereupon, at 3:09 p.m., the 20 Senate adjourned.) 21 22 23 24

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(518) 371-8910