Sunday, June 27, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 27, 2010 11 7:07 p.m. 12 13 14 EXTRAORDINARY SESSION 15 16 17 18 19 SENATOR NEIL D. BRESLIN, Acting President 20 ANGELO J. APONTE, Secretary 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will please come to order. 4 I ask all to rise and repeat with 5 me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: 14 Senator Smith. 15 SENATOR SMITH: Yes, 16 Mr. President. It is my understanding that 17 the Governor has issued a proclamation that 18 seeks to convene the legislative extraordinary 19 session. 20 ACTING PRESIDENT BRESLIN: Yes, 21 Senator Smith, we have received such a message 22 from the Governor. 23 SENATOR SMITH: Mr. President, as 24 you and my colleagues will recall, the 25 Governor convened this Senate into

Candyco Transcription Service, Inc. 1 extraordinary session on January 18th, and we 2 have remained in such an extraordinary session 3 without adjourning sine die. 4 Therefore, I would suggest that the 5 proclamation is not valid, as it asserts 6 powers that the Governor does not 7 constitutionally possess. 8 ACTING PRESIDENT BRESLIN: 9 Senator Smith, your point is well taken. 10 Inasmuch as the Senate remains in 11 extraordinary session, the Governor cannot 12 convene this house into an additional 13 extraordinary session. 14 The Governor does have the power, 15 however, to recommend additional subject 16 matters beyond those he enumerated in his 17 initial proclamation. 18 I am therefore willing that the 19 communication from the Governor that is 20 currently before the house be deemed a message 21 recommending additional subject matter to be 22 considered as part of the extraordinary 23 session convened on January 18, 2010. 24 The Secretary will read the message 25 from the Governor.

Candyco Transcription Service, Inc. 1 THE SECRETARY: "Pursuant to the 2 power vested in me by Article IV, Section 3 of 3 the Constitution, I hereby convene the Senate 4 and the Assembly of the State of New York in 5 Extraordinary Session, at the Capitol, in the 6 City of Albany, on the twenty-seventh day of 7 June, two thousand ten, at seven o'clock p.m., 8 for the purpose of considering legislation I 9 will submit with respect to various items, and 10 for the consideration of legislation with 11 respect to such other subjects as I may 12 recommend. 13 "Given under my hand and the Privy 14 Seal of the State in the City of Albany this 15 twenty-sixth day of June in the year two 16 thousand ten, David A. Paterson, Governor." 17 ACTING PRESIDENT BRESLIN: 18 Senator Smith. 19 SENATOR SMITH: Mr. President, is 20 there any further business at the desk? 21 ACTING PRESIDENT BRESLIN: 22 Senator Smith, the desk is clear. 23 SENATOR SMITH: There being no 24 further business at the desk, I move that we 25 adjourn at the call of the Temporary

Candyco Transcription Service, Inc. 1 President. 2 ACTING PRESIDENT BRESLIN: There 3 being no further business, the Senate will 4 stand in recess at the call of the Temporary 5 President. 6 (Whereupon, at 7:10 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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