Extraordinary Session - December 13, 2006
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 December 13, 2006
11 12:10 p.m.
12
13
14 EXTRAORDINARY SESSION
15
16
17
18 SENATOR JAMES W. WRIGHT, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT WRIGHT: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT WRIGHT: In the
10 absence of clergy, may we bow our heads in a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT WRIGHT: The
15 chair hands down a proclamation from the
16 Governor calling for the extraordinary
17 session, and waives its reading.
18 The Secretary will call the roll to
19 ascertain a quorum.
20 THE SECRETARY: Senator Alesi.
21 (No response.)
22 THE SECRETARY: Senator Andrews.
23 (No response.)
24 THE SECRETARY: Senator Balboni.
25 SENATOR BALBONI: Here.
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1 THE SECRETARY: Senator Bonacic.
2 (No response.)
3 THE SECRETARY: Senator Breslin.
4 SENATOR BRESLIN: Here.
5 THE SECRETARY: Senator Bruno.
6 SENATOR BRUNO: Here.
7 THE SECRETARY: Senator Connor.
8 SENATOR CONNOR: Here.
9 THE SECRETARY: Senator Coppola.
10 SENATOR COPPOLA: Here.
11 THE SECRETARY: Senator
12 DeFrancisco.
13 (No response.)
14 THE SECRETARY: Senator Diaz.
15 SENATOR DIAZ: Aqui.
16 THE SECRETARY: Senator Dilan.
17 SENATOR DILAN: Present.
18 THE SECRETARY: Senator Duane.
19 (No response.)
20 THE SECRETARY: Senator Farley.
21 SENATOR FARLEY: Here.
22 THE SECRETARY: Senator Flanagan.
23 (No response.)
24 THE SECRETARY: Senator
25 Fuschillo.
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1 SENATOR FUSCHILLO: Here.
2 THE SECRETARY: Senator Golden.
3 (No response.)
4 THE SECRETARY: Senator Gonzalez.
5 SENATOR GONZALEZ: Here.
6 THE SECRETARY: Senator Hannon.
7 SENATOR HANNON: Here.
8 THE SECRETARY: Senator
9 Hassell-Thompson.
10 SENATOR HASSELL-THOMPSON: Here.
11 THE SECRETARY: Senator Johnson.
12 SENATOR JOHNSON: Here.
13 THE SECRETARY: Senator Klein.
14 SENATOR KLEIN: Yes.
15 THE SECRETARY: Senator L.
16 Krueger.
17 SENATOR LIZ KRUEGER: Yes.
18 THE SECRETARY: Senator C.
19 Kruger.
20 (No response.)
21 THE SECRETARY: Senator Larkin.
22 (No response.)
23 THE SECRETARY: Senator LaValle.
24 SENATOR LaVALLE: Here.
25 THE SECRETARY: Senator Leibell.
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1 SENATOR LEIBELL: Yes.
2 THE SECRETARY: Senator Libous.
3 (No response.)
4 THE SECRETARY: Senator Little.
5 SENATOR LITTLE: Present.
6 THE SECRETARY: Senator Maltese.
7 SENATOR MALTESE: Present.
8 THE SECRETARY: Senator
9 Marcellino.
10 SENATOR MARCELLINO: Present.
11 THE SECRETARY: Senator Marchi.
12 SENATOR MARCHI: Present.
13 THE SECRETARY: Senator Maziarz.
14 SENATOR MAZIARZ: Present.
15 THE SECRETARY: Senator Meier.
16 SENATOR MEIER: Present.
17 THE SECRETARY: Senator
18 Montgomery.
19 SENATOR MONTGOMERY: Here.
20 THE SECRETARY: Senator Morahan.
21 SENATOR MORAHAN: Here.
22 THE SECRETARY: Senator Nozzolio.
23 (No response.)
24 THE SECRETARY: Senator Onorato.
25 SENATOR ONORATO: I rise to
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1 explain my presence.
2 (Laughter.)
3 THE SECRETARY: Senator
4 Oppenheimer.
5 SENATOR OPPENHEIMER: Here.
6 THE SECRETARY: Senator Padavan.
7 (No response.)
8 THE SECRETARY: Senator Parker.
9 (No response.)
10 THE SECRETARY: Senator Paterson.
11 SENATOR PATERSON: Here.
12 THE SECRETARY: Senator Rath.
13 SENATOR RATH: Here.
14 THE SECRETARY: Senator Robach.
15 SENATOR ROBACH: Here.
16 THE SECRETARY: Senator Sabini.
17 SENATOR SABINI: Here.
18 THE SECRETARY: Senator Saland.
19 SENATOR SALAND: Here.
20 ACTING PRESIDENT WRIGHT: Senator
21 Bruno, a quorum is present.
22 Senator Bruno.
23 SENATOR BRUNO: Mr. President, I
24 have two resolutions at the desk. I would ask
25 that they be read in their entirety and move
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1 for their immediate adoption.
2 ACTING PRESIDENT WRIGHT: The
3 Secretary will read.
4 THE SECRETARY: By Senator Bruno,
5 Extraordinary Session Senate Resolution Number
6 1, appointing a committee to inform the
7 Governor that the Senate is convened in
8 Extraordinary Session.
9 "RESOLVED, That a committee of two
10 be appointed to inform the Governor that in
11 compliance with his proclamation of
12 December 13, 2006, the Senate is convened in
13 Extraordinary Session and is ready to proceed
14 with business.
15 "The Temporary President appointed
16 as such committee Senators Spano and Andrews."
17 ACTING PRESIDENT WRIGHT: The
18 question is on the resolution. All those in
19 favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT WRIGHT:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT WRIGHT: The
25 resolution is adopted.
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1 The chair appoints Senators Spano
2 and Andrews to wait upon the Governor that the
3 Senate is ready to proceed.
4 The Secretary will read.
5 THE SECRETARY: By Senator Bruno,
6 Extraordinary Session Senate Resolution Number
7 2, appointing a committee to inform the
8 Assembly that the Senate is convened in
9 Extraordinary Session.
10 "RESOLVED, That a committee of two
11 be appointed to wait upon the Assembly and
12 inform that body that in compliance with the
13 proclamation of the Governor on December 13,
14 2006, the Senate is convened in Extraordinary
15 Session and is ready to proceed with business.
16 "The Temporary President appointed
17 as such committee Senators Meier and Coppola."
18 ACTING PRESIDENT WRIGHT: The
19 question is on the resolution. All those in
20 favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT WRIGHT:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT WRIGHT: The
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1 resolution is adopted.
2 The chair appoints Senators Meier
3 and Coppola to wait upon the Assembly that the
4 Senate is ready to proceed.
5 Recognize Senator Bruno.
6 SENATOR BRUNO: Mr. President, I
7 believe there are two more resolutions at the
8 desk. I would ask that the titles only be
9 read and move for their immediate adoption.
10 ACTING PRESIDENT WRIGHT: The
11 Secretary will read.
12 THE SECRETARY: By Senator Bruno,
13 Extraordinary Session Senate Resolution Number
14 3, empowering the Temporary President to
15 appoint officers and employees necessary for
16 the Extraordinary Session.
17 And by Senator Bruno, Extraordinary
18 Session Senate Resolution Number 4, providing
19 for the introduction of bills in the Senate
20 during the Extraordinary Session.
21 ACTING PRESIDENT WRIGHT: The
22 question is on the resolutions. All those in
23 favor signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT WRIGHT:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT WRIGHT: The
4 resolutions are adopted.
5 Senator Bruno.
6 SENATOR BRUNO: I would ask for
7 an immediate meeting of the Rules Committee in
8 the Majority Conference Room.
9 And I would ask that the Senate
10 stand in recess for a very short period of
11 time while the Rules Committee meets, and then
12 we will rejoin and accept their report.
13 Thank you, Mr. President.
14 ACTING PRESIDENT WRIGHT: Thank
15 you, Senator Bruno.
16 The Senate Rules Committee will
17 convene in the Majority Conference Room. The
18 Senate will stand in a brief recess until the
19 committee meeting is completed.
20 (Whereupon, the Senate stood in
21 recess at 12:18 p.m.)
22 (Whereupon, the Senate reconvened
23 at 12:31 p.m.)
24 ACTING PRESIDENT MEIER: Senator
25 Bruno.
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1 SENATOR BRUNO: Mr. President,
2 I'd like to return to reports of standing
3 committees.
4 I believe there's a report from the
5 Rules Committee at the desk. I would ask that
6 it be read at this time.
7 ACTING PRESIDENT MEIER: Reports
8 of standing committees.
9 The Secretary will read.
10 THE SECRETARY: Senator Bruno,
11 from the Committee on Rules, reports the
12 following bill direct to third reading.
13 Extraordinary Session Senate Print
14 Number 1, by Senator Volker, an act to amend
15 the Mental Hygiene Law and others.
16 ACTING PRESIDENT MEIER: Senator
17 Bruno.
18 SENATOR BRUNO: Move to accept
19 the report of the Rules Committee.
20 ACTING PRESIDENT MEIER: All in
21 favor of accepting the report of the Rules
22 Committee signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MEIER: Those
25 opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT MEIER: The
3 report is accepted.
4 Senator Bruno.
5 SENATOR BRUNO: I would ask that
6 the bill have its third reading at this time.
7 ACTING PRESIDENT MEIER: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1, by Senator Volker, Extraordinary Session
11 Senate Print Number 1, an act to amend the
12 Mental Hygiene Law and others.
13 SENATOR BRUNO: Mr. President, is
14 there a message of necessity at the desk?
15 ACTING PRESIDENT MEIER: Yes,
16 there is.
17 SENATOR BRUNO: I would move to
18 accept the message.
19 ACTING PRESIDENT MEIER: All
20 those in favor of accepting the message of
21 necessity signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT MEIER: Those
24 opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT MEIER: The
2 message is accepted.
3 The bill is before the house.
4 Senator Bruno.
5 SENATOR BRUNO: Thank you,
6 Mr. President.
7 The bill that's before us is the
8 Governor's bill that we have been called into
9 special session to act on.
10 And this bill, as we all know, has
11 been discussed throughout the year. We in
12 this house passed this bill, or something
13 very, very similar, and it commits sexually
14 violent predators, takes them out of the
15 mainstream of society, protects the public,
16 and keeps them in treatment.
17 Now, these are violent predators.
18 They are the people who 85, 90 percent of them
19 commit another crime. They cannot live in the
20 society as we know it. They are the rapists,
21 serious Level 3 molesters.
22 The Supreme Court has held, the
23 courts have held that it is the legislative
24 responsibility to act on behalf of the public.
25 That's what we're doing.
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1 And by way of awareness,
2 transparency, I believe we had three
3 conference committees, chaired by Senator
4 Volker, during this past session, trying to
5 get public exposure, public debate, and get a
6 result. We could not get this bill passed in
7 the Assembly. We couldn't get it passed
8 through regular session. We were ready to
9 come back into special session before. We
10 could not get the Assembly to act on this
11 bill.
12 So we are, at the call of the
13 Governor, in special session to act on this
14 bill again, to protect your neighbors, to
15 protect your families from people most of whom
16 acknowledge that they are emotionally,
17 mentally incapable of making good choices.
18 And they hurt people, and they violate people,
19 and they can't live in the society. They need
20 treatment and they need to be committed.
21 So we ask our colleagues here to
22 continue to support this piece of legislation,
23 thank the Governor for sending it in special
24 session, and we ask the Assembly to join us,
25 on behalf of our mutual constituency, to get
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1 this done.
2 Thank you, Mr. President.
3 ACTING PRESIDENT MEIER: Senator
4 Schneiderman.
5 SENATOR SCHNEIDERMAN: Thank you,
6 Mr. President.
7 If I could make one clarification
8 by way of a question to either Senator Bruno
9 or the sponsor.
10 ACTING PRESIDENT MEIER: Senator
11 Bruno, do you yield for a question?
12 SENATOR BRUNO: If I can answer
13 it. If not --
14 ACTING PRESIDENT MEIER: The
15 Senator yields.
16 SENATOR SCHNEIDERMAN: Thank you.
17 I just want to clarify, because
18 this was something we discussed in conference.
19 This bill in fact is identical to Senate 6325,
20 which we passed earlier this year; is that not
21 correct?
22 SENATOR BRUNO: I believe it is.
23 Exactly.
24 SENATOR SCHNEIDERMAN: Thank you.
25 SENATOR BRUNO: Thank you.
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1 SENATOR SCHNEIDERMAN: On the
2 bill.
3 I can feel Senator Bruno's
4 frustration radiating from him like a
5 radioactive cloud across the aisle.
6 And I think that it is unfortunate
7 that we're here on what may be our last day
8 during this particular era with a legislative
9 special session that appears to be emblematic
10 of the gridlock, recriminations, and
11 dysfunction that have turned a lot of our
12 constituents off from the legislative process.
13 This is the same bill we passed
14 before. The Assembly has passed another bill.
15 With all due respect to the technicians in the
16 room, the public does not understand why we
17 can't resolve the differences and have a civil
18 confinement bill that's acceptable to both
19 houses.
20 But I would suggest that simply
21 calling us back into special session to pass
22 the same bill we passed before, without a
23 serious effort to get conference committees
24 going again or to get other meetings going on
25 the part of all three leaders -- and I know
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1 Senator Bruno has called for meetings -- is
2 really a waste of our time and of the public's
3 resources.
4 We are now passing the same bill we
5 passed before, ladies and gentlemen. We are
6 not moving the process forward. We need to
7 get together with the Governor and the
8 Assembly in order to do so. I'm sorry, and I
9 certainly hope this is not the last action we
10 will take in this year and not the last action
11 we will take during the Pataki era.
12 I'm going to vote the same way I
13 voted on this bill the last time. I assume my
14 colleagues will probably do the same. But
15 we're right back where we started. I guess
16 we've run out of material for new shows and we
17 are, ladies and gentlemen, going to reruns.
18 ACTING PRESIDENT MEIER: Senator
19 Bruno.
20 SENATOR BRUNO: Mr. President,
21 just by way of clarification.
22 And you're right, I am frustrated,
23 I'm exasperated on behalf of the innocent
24 people out there in this state.
25 But, Senator, for clarification,
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1 it's not the same show over and over. The
2 Governor called us into special session.
3 Every single day since then we have met on
4 this issue with the Assembly. Governor-elect
5 Spitzer supports this legislation. Governor
6 Pataki supports it. We passed it.
7 So Senator, rhetorically I would
8 ask, why is this not in the law now? Why are
9 we here if it's, you think, wasting our time?
10 To try and get a result in the Assembly. And
11 I don't say this in a confrontational way, but
12 I am frustrated.
13 And, you know, we keep getting
14 tagged as the most dysfunctional legislature
15 in the country. Why is that? Why? I'll tell
16 you why. Because the Assembly sits it out
17 just the way they are on this issue, that's
18 why. And you are part of the most
19 dysfunctional legislature in the country.
20 And I would correct those that say
21 that, in that the Senate is here, we are back
22 here ready to do the people's work since we
23 adjourned in June. But we need a partner.
24 And constitutionally in this state, for this
25 to become law, has the Assembly passed a bill?
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1 SENATOR SCHNEIDERMAN: Yes.
2 SENATOR BRUNO: They have not, to
3 my knowledge, passed a bill that would meet
4 the requirements of Governor-elect Spitzer or
5 Governor Pataki.
6 And to posture, I would submit to
7 you, on an issue that's as important as this
8 one to the people of this state is
9 inappropriate and irresponsible. You don't
10 need to posture on this issue. We need a
11 result to protect the people of this state,
12 the innocent people.
13 So that's why we're here, Senator.
14 And I applaud the Governor for calling us
15 back, because we need to get this done.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 Senator Schneiderman.
19 SENATOR SCHNEIDERMAN: Again,
20 I -- we've got time, Joe.
21 I just want to make sure that my
22 colleagues are aware and the record is clear,
23 that the Assembly in fact has passed Assembly
24 9282. It is a different civil confinement
25 bill.
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1 Governor-elect Spitzer, who I think
2 will bring more energy to the effort to reach
3 agreement and move a legislative agenda,
4 supports the principle of civil confinement.
5 He has not said that this particular bill
6 we're voting on now, as opposed to the
7 Assembly bill, is necessarily the be-all and
8 end-all.
9 The public doesn't understand why
10 we can't reach a compromise. I'm not saying
11 that, Senator Bruno, that we can be doing
12 anything more than we are doing now in the
13 Senate. But we're going to leave here without
14 a bill unless we do something other than just
15 pass the same bill we passed before. I think
16 we all know that in the real world.
17 The Assembly has to come to the
18 table. I don't know if public meetings are
19 the right answer. We certainly, on our side
20 of the aisle, are ready to do whatever we can
21 do to try and get something done. I don't
22 know what else we can do.
23 But this is a bill that we've
24 already passed. The Assembly could come back
25 and pass the bill they've already passed, we
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1 leave town with nothing.
2 Thank you.
3 ACTING PRESIDENT MEIER: Senator
4 Bruno.
5 SENATOR BRUNO: Can I just add
6 that I asked the Governor to call a special
7 meeting, public meeting, with the leaders and
8 anyone else that ought to be there today. I
9 asked him to do that as soon as he could, and
10 that was a while ago. And the Governor said
11 if we can't get a result, he's prepared to
12 call a public meeting. And maybe that's what
13 we need.
14 Eliot Spitzer, the Governor-elect,
15 the present Attorney General, told me
16 personally this bill he supports. He didn't
17 say he supported the other bill. He supports
18 this bill.
19 And what's wrong with this bill?
20 Why can't it become law? I don't hear any
21 answers.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 SENATOR MONTGOMERY: Mr.
5 President, to explain my vote.
6 ACTING PRESIDENT MEIER: Senator
7 Montgomery, to explain her vote.
8 SENATOR MONTGOMERY: Yes,
9 Mr. President. I know that I have voted -- I
10 did vote no when we voted on this bill the
11 last time, and it's pretty much the same. And
12 I certainly have the same concerns.
13 However, I think that we in this
14 state are going to have to come to some
15 agreement on this process and this program.
16 And I was recently in the state of Texas,
17 where they do have a civil confinement law
18 that just went into effect in time to capture
19 or recapture a very serious sex offender in
20 that state.
21 And I looked at that, and I believe
22 that we in New York State need to do it. I
23 hope that we will come to a conclusion that
24 meets all of the aspects of the
25 constitutionality of an individual.
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1 So I'm going to change my vote.
2 I'm voting yes, with reservations, and hope
3 that we can come to an agreement soon.
4 Thank you, Mr. President.
5 ACTING PRESIDENT MEIER: Senator
6 Montgomery will be recorded in the
7 affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 Senator Bruno.
13 SENATOR BRUNO: Mr. President, I
14 would ask that this extraordinary session
15 stand in recess.
16 ACTING PRESIDENT MEIER: The
17 extraordinary session will stand in recess.
18 (Whereupon, the extraordinary
19 session of the Senate stood in recess at
20 12:44 p.m.)
21 (Whereupon, the extraordinary
22 session of the Senate reconvened at 7:55 p.m.)
23 ACTING PRESIDENT MEIER: The
24 Senate will come to order with regard to the
25 extraordinary session.
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1 SENATOR BRUNO: Mr. President, I
2 have Resolution 5 at the desk. I would ask
3 that it be read in its entirety and move for
4 its immediate adoption.
5 ACTING PRESIDENT MEIER: The
6 Secretary will read.
7 THE SECRETARY: By Senator Bruno,
8 Extraordinary Session Senate Resolution Number
9 5, appointing a committee to inform the
10 Governor that the Senate has completed
11 business and is ready to adjourn.
12 "RESOLVED, That a committee of two
13 be appointed to inform the Governor that the
14 Senate has completed its business and is ready
15 to adjourn.
16 "The Temporary President appointed
17 as such committee Senators Rath and Savino."
18 ACTING PRESIDENT MEIER: The
19 question is on the resolution. All those in
20 favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MEIER: Those
23 opposed, nay.
24 (No response.)
25 ACTING PRESIDENT MEIER: The
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1 resolution is adopted.
2 SENATOR BRUNO: Mr. President, I
3 have Resolution 6 at the desk. I ask that it
4 be read in its entirety and move for its
5 immediate adoption.
6 ACTING PRESIDENT MEIER: The
7 Secretary will read.
8 THE SECRETARY: By Senator Bruno,
9 Extraordinary Session Senate Resolution Number
10 6, appointing a committee to inform the
11 Assembly that the Senate has completed
12 business and is ready to adjourn.
13 "RESOLVED, That a committee of two
14 be appointed to inform the Assembly that the
15 Senate has completed its business and is ready
16 to adjourn.
17 "The Temporary President appointed
18 as such committee Senators Balboni and
19 A. Smith."
20 ACTING PRESIDENT MEIER: The
21 question is on the resolution. All those in
22 favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MEIER: Those
25 opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT MEIER: The
3 resolution is adopted.
4 Senator Bruno.
5 SENATOR BRUNO: Mr. President, I
6 have Resolution Number 7 at the desk. I ask
7 that it be read in its entirety and move for
8 its immediate adoption.
9 ACTING PRESIDENT MEIER: The
10 Secretary will read.
11 THE SECRETARY: By Senator Bruno,
12 Extraordinary Session Concurrent Resolution
13 Number 7, relative to the adjournment of the
14 Extraordinary Session of the Legislature sine
15 die.
16 "RESOLVED, That the Legislature
17 adjourn the Extraordinary Session sine die on
18 December 13, 2006, at the close of business."
19 ACTING PRESIDENT MEIER: The
20 question is on the resolution. All those in
21 favor signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT MEIER: Those
24 opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT MEIER: The
2 resolution is adopted.
3 Pursuant to the resolution, the
4 extraordinary session is adjourned sine die.
5 (Whereupon, at 7:57 p.m., the
6 extraordinary session of the Senate
7 adjourned.)
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