Tuesday, July 7, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 7, 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

Candyco Transcription Service, Inc.

(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

Candyco Transcription Service, Inc.

(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 seventh day of July, two 6 thousand nine, at three o'clock p.m., for the 7 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 sixth 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 will you please recognize Senator Skelos. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Skelos. 22 SENATOR SKELOS: Thank you. And 23 good afternoon, Senator Stewart-Cousins. 24 First, I'd like to announce that

Candyco Transcription Service, Inc.

(518) 371-8910 1 there will be a conference of the coalition 2 following this extraordinary session. 3 And I'd like to of course mention 4 that this session has been called by the 5 Governor. And certainly the courts have 6 ordered that we convene, and I underline the 7 word "convene," in this extraordinary session. 8 Pursuant to the vote which took 9 place on June 8th, the designation of a 10 presiding officer should be made by Senator 11 Espada or myself. Accordingly, we do not 12 recognize that you are the appropriately 13 designated presiding officer. Or, quite 14 frankly, if there is an attempt to call a 15 regular session, certainly that authority does 16 not exist with any other member but Senator 17 Espada or myself, pursuant to the vote on 18 June 8th. 19 Therefore, I'd request that the 20 agenda be laid aside and move that the Senate 21 adjourn this special session sine die. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator. 24 Senator Klein.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR KLEIN: Madam President, 2 I move that we do not take up any legislative 3 activity at this time and that we adjourn 4 sine die. 5 ACTING PRESIDENT STEWART-COUSINS: 6 On motion of Senator Klein, we will adjourn 7 sine die. 8 (Whereupon, at 3:10 p.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Candyco Transcription Service, Inc.

(518) 371-8910