Extraordinary Session - September 4, 2001
SESSION
September 4, 2001
Extraordinary Session
1
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
September 4, 2001
3:33 p.m.
EXTRAORDINARY SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone to please rise and
repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is the
Reverend Peter G. Young, from Blessed
Sacrament Church in Bolton Landing.
REVEREND YOUNG: If I may take
the liberty of presenting again the same
prayer that I gave in the last extraordinary
session just five years ago.
Dear Senators, we pray for all of
our New York State people that their wealth
and power might become a force for peace
rather than conflict, a source of hope rather
than discontent, as an agent of change, of
friendship rather than enmity.
May the actions of this Senate be
that example. We ask You this in Your name
forever and ever.
Amen.
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THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message from the Governor at the
desk?
THE PRESIDENT: Yes, there is.
There is a proclamation announcing the session
which I now will ask the Secretary to read.
SENATOR SKELOS: If we could
waive the reading of the proclamation, Madam
President.
THE PRESIDENT: The reading is so
waived.
SENATOR SKELOS: At this time if
we could call the roll to ascertain a quorum.
THE PRESIDENT: The Secretary
will call the roll.
THE SECRETARY: Senator Alesi.
(No response.)
THE PRESIDENT: Senator Balboni.
(No response.)
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: Here.
THE SECRETARY: Senator Breslin.
SENATOR BRESLIN: Here.
THE SECRETARY: Senator Brown.
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SENATOR BROWN: Here.
THE SECRETARY: Senator Bruno.
(Senator Bruno was indicated as
present.)
THE SECRETARY: Senator Connor.
SENATOR CONNOR: Here.
THE SECRETARY: Senator
DeFrancisco.
(No response.)
THE SECRETARY: Senator
Dollinger.
SENATOR DOLLINGER: Here.
THE SECRETARY: Senator Duane,
excused.
Senator Espada.
(No response.)
THE SECRETARY: Senator Farley.
SENATOR FARLEY: Here.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Present.
THE SECRETARY: Senator Gentile.
SENATOR GENTILE: Present.
THE SECRETARY: Senator Gonzalez.
(No response.)
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THE SECRETARY: Senator Goodman.
SENATOR GOODMAN: Present.
THE SECRETARY: Senator Hannon.
(No response.)
THE SECRETARY: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Here.
THE SECRETARY: Senator Hevesi.
SENATOR HEVESI: Here.
THE SECRETARY: Senator Hoffmann.
SENATOR HOFFMANN: Present.
THE SECRETARY: Senator Johnson.
(No response.)
THE SECRETARY: Senator Kruger.
SENATOR KRUGER: Here.
THE SECRETARY: Senator Kuhl.
SENATOR KUHL: Present.
THE SECRETARY: Senator Lachman.
SENATOR LACHMAN: Present.
THE SECRETARY: Senator Lack.
SENATOR LACK: Present.
THE SECRETARY: Senator Larkin.
SENATOR LARKIN: Present.
THE SECRETARY: Senator LaValle.
(No response.)
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THE SECRETARY: Senator Leibell.
SENATOR LEIBELL: Here.
THE SECRETARY: Senator Libous.
(No response.)
THE SECRETARY: Senator Maltese.
(No response.)
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Present.
THE SECRETARY: Senator Marchi.
SENATOR MARCHI: Present.
THE SECRETARY: Senator
Markowitz.
SENATOR MARKOWITZ: Here.
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Here.
THE SECRETARY: Senator McGee.
SENATOR McGEE: Present.
THE SECRETARY: Senator Meier.
SENATOR MEIER: Present.
THE SECRETARY: Senator Mendez.
SENATOR MENDEZ: Here.
THE SECRETARY: Senator
Montgomery.
SENATOR MONTGOMERY: Present.
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THE SECRETARY: Senator Morahan.
SENATOR MORAHAN: Present.
THE SECRETARY: Senator Nozzolio.
(No response.)
THE SECRETARY: Senator Onorato.
SENATOR ONORATO: Here.
THE SECRETARY: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Present.
THE SECRETARY: Senator Padavan.
SENATOR PADAVAN: Here.
THE PRESIDENT: Senator Skelos, a
quorum is present.
SENATOR SKELOS: Thank you, Madam
President.
On behalf of Senator Bruno, I'd
like to hand up Resolution Number 1,
appointing the committee of two to inform the
Governor that the Senate has convened an
extraordinary session. I ask that the title
be read and move for its adoption.
THE PRESIDENT: The Secretary
will read the title.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 1, appointing a
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committee to inform the Governor that the
Senate has convened an extraordinary session.
THE PRESIDENT: All those in
favor of the resolution so indicate by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
Senator Volker and Senator Brown will perform
that extraordinary duty.
On behalf of Senator Bruno, I hand
up Resolution Number 2, appointing a committee
of two to inform the Assembly that the Senate
has convened an extraordinary session. We ask
that the title be read.
THE PRESIDENT: Thank you,
Senator. The Secretary will read the title.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 2, appointing a
committee to inform the Assembly that the
Senate has convened an extraordinary session.
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THE PRESIDENT: All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Senators Bonacic
and Stavisky will perform that extraordinary
duty also.
THE PRESIDENT: The record will
so reflect the appointments of all four
Senators.
SENATOR SKELOS: Madam President,
on behalf of Senator Bruno, I hand up
Resolution Number 3, empowering the Temporary
President to appoint officers and employees
necessary for the extraordinary session, ask
that the title be read and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read the title.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 3, empowering the
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Temporary President to appoint officers and
employees necessary for the extraordinary
session.
THE PRESIDENT: All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
on behalf of Senator Bruno, I hand up
Resolution Number 4, providing for the
introduction of bills in the Senate during the
extraordinary session. I ask that the title
be read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read the title.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 4, providing for the
introduction of bills in the Senate during the
extraordinary session.
THE PRESIDENT: All in favor
signify by saying aye.
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(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
SENATOR SKELOS: Madam President,
if the Senate could stand at ease at this
time.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 3:40 p.m.)
(Whereupon, the Senate reconvened
at 4:08 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
I know that the members have many things to do
today, so why don't we stand at ease until
5:30, at which time the members should return
to the chamber. And it is expected that we
will be taking up bills at that time.
ACTING PRESIDENT McGEE: The
Senate will stand at ease until 5:30, at which
time the session will move on. Thank you.
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At ease.
(Whereupon, the Senate stood at
ease at 4:10 p.m.)
(Whereupon, the Senate reconvened
at 6:02 p.m.)
SENATOR SKELOS: Madam President.
ACTING PRESIDENT RATH: Senator
Skelos.
SENATOR SKELOS: There will be a
meeting of the Senate Finance Committee at
6:10, in the Majority Conference Room.
ACTING PRESIDENT RATH: Meeting
of the Finance Committee at 6:10 in the
Majority Conference Room.
SENATOR SKELOS: And if we could
continue to stand at ease.
ACTING PRESIDENT RATH: The
Senate will continue to stand at ease.
(Whereupon, the Senate stood at
ease at 6:03 p.m.)
(Whereupon, the Senate reconvened
at 6:25 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
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to take their chairs, staff to find their
places.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read at this time.
ACTING PRESIDENT KUHL: We will
return to the order of reports of standing
committees.
There is a report of the Finance
Committee at the desk. The Secretary will
read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bill direct to third reading:
Extraordinary session, Senate Print
Number 2, Budget Bill, an act making
reappropriations for the State University of
New York multiyear capital investment program
and for the state Superfund program.
ACTING PRESIDENT KUHL: Without
objection, the bill is ordered directly to
third reading.
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Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up Senate 2-Assembly 2 in
extraordinary session.
ACTING PRESIDENT KUHL: The
Secretary will read the title.
THE SECRETARY: Calendar Number
1, Budget Bill, Extraordinary Session, Senate
Print 2, an act making reappropriations for
the State University of New York multiyear
capital investment program and for the state
Superfund program.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Is there a
message at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
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ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time, on behalf of Senator Bruno, I'd
like to hand up Resolution Number 5,
appointing the committee to inform the
Governor that the Senate has completed
business and is ready to adjourn. I ask that
the title be read and move for its immediate
adoption.
ACTING PRESIDENT KUHL: The
Secretary will read the title.
THE SECRETARY: By Senator Bruno,
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Senate Resolution Number 5, appointing a
committee to inform the Governor that the
Senate has completed business and is ready to
adjourn.
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe Senators Rath and Malcolm Smith have
that extraordinary privilege, of going to the
second floor.
ACTING PRESIDENT KUHL: The
record will so reflect their appointment and
the carrying out of their duties.
SENATOR SKELOS: On behalf of
Senator Bruno, I hand up Resolution Number 6,
appointing a committee to inform the Assembly
that the Senate has completed business and is
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ready to adjourn.
ACTING PRESIDENT KUHL: The
Secretary will read the title.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 6, appointing a
committee to inform the Assembly that the
Senate has completed business and is ready to
adjourn.
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe that Senators McGee and
Hassell-Thompson have that privilege.
ACTING PRESIDENT KUHL: The
record will reflect their appointment and
their carrying out of their duties.
Senator Skelos.
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SENATOR SKELOS: Mr. President,
on behalf of Senator Bruno, I hand up
Concurrent Resolution Number 7, adjourning the
extraordinary session.
ACTING PRESIDENT KUHL: The
Secretary will read the title.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution Number 7, relative to
the adjournment of the extraordinary session
of the Legislature sine die.
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted, and the extraordinary
session is adjourned.
(Whereupon, at 6:31 p.m., the
Senate adjourned.)