Extraordinary Session - June 23, 2009

                                                            5392



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 23, 2009

        11                       3:00 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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         1                 P R O C E E D I N G S

         2                  (Whereupon, at 3:00 p.m., the

         3       Acting President gaveled the session to order,

         4       discussions were held off the record, and the

         5       Senate stood at ease at 3:19 p.m.)

         6                  (Whereupon, the Senate reconvened

         7       at 4:21 p.m.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Smith.

        10                  SENATOR SMITH:    Madam President,

        11       have we received the proclamation from the

        12       Governor's office?  I'd like to have that

        13       read.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The Secretary will read.

        16                  THE SECRETARY:    "Proclamation.

        17                  "Pursuant to the power vested in me

        18       by Article IV, Section 3 of the Constitution,

        19       I hereby convene the Senate in Extraordinary

        20       Session at the Capitol, in the City of Albany,

        21       on the twenty-third day of June, two thousand

        22       nine, at three p.m., for the purpose of

        23       considering legislation with respect to

        24       various subjects.



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         1                  "Given under my hand and the privy

         2       seal of the State, in the City of Albany, this

         3       twenty-second day of June in the year

         4       two thousand nine, David A. Paterson,

         5       Governor."

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The proclamation having been read, the Senate

         8       returns to extraordinary session.

         9                  And the record should reflect a

        10       quorum of all 62 Senators present in the

        11       chamber when we began this extraordinary

        12       session at 3:00 p.m. today.

        13                  Senator Smith.

        14                  SENATOR SMITH:    Yes, thank you,

        15       Madam President.

        16                  Madam President, I move that we

        17       have an immediate meeting of the Rules

        18       Committee in the Majority Conference Room, and

        19       that we stand at ease until such time as we

        20       return.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       There will be an immediate meeting of the

        23       Rules Committee in the Majority Conference

        24       Room, Room 332.



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         1                  The Senate will stand at ease

         2       pending the report of the Rules Committee.

         3                  (Whereupon, the Senate stood at

         4       ease at 4:22 p.m.)

         5                  (Whereupon, the Senate reconvened

         6       at 4:32 p.m.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The Senate will come to order.

         9                  Majority Leader Smith.

        10                  SENATOR SMITH:    Yes, Madam

        11       President.  May we return to the order of

        12       reports of standing committees.

        13                  I believe there is a report of the

        14       Rules Committee at the desk, and we move for

        15       its immediate adoption.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Smith, there is a report of the Rules

        18       Committee at the desk.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Senator Smith,

        21       from the Senate Committee on Rules, reports

        22       the following bills:

        23                  Extraordinary Session Senate Print

        24       Number 1, by the Senate Committee on Rules,



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         1       Power for Jobs extender;

         2                  Extraordinary Session Senate Print

         3       Number 5, amends certain provisions of the

         4       New York State Financial Emergency Act;

         5                  Extraordinary Session Senate Print

         6       Number 8, by the Senate Committee on Rules,

         7       increases the bond and note authorization;

         8                  Extraordinary Session Senate Print

         9       Number 16, by the Senate Committee on Rules,

        10       relates to the effectiveness of the sale of

        11       bonds and notes;

        12                  And Extraordinary Session Senate

        13       Print Number 25, by the Senate Committee on

        14       Rules, increases the amount of reimbursement

        15       the Division of Veterans Affairs shall

        16       provide.

        17                  All bills reported direct to third

        18       reading.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Smith.

        21                  SENATOR SMITH:    Yes, Madam

        22       President.  I move the adoption of the Rules

        23       Committee report.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       All those in favor of adopting the report of

         2       the Rules Committee please signify by saying

         3       aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The report of the Rules Committee is adopted.

        10                  Senator Smith.

        11                  SENATOR SMITH:    Madam President,

        12       can we move to the reading of the

        13       noncontroversial calendar of the Extraordinary

        14       Session.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1 --

        19                  SENATOR SMITH:    Is there a

        20       message of necessity at the desk?

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The Secretary will read first.

        23                  THE SECRETARY:    Calendar Number

        24       1, by the Senate Committee on Rules,



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         1       Extraordinary Session Senate Print Number 1,

         2       an act to amend the Economic Development Law

         3       and others.

         4                  SENATOR SMITH:    Madam President,

         5       is there a message of necessity at the desk?

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Yes, Senator Smith, there is a message of

         8       necessity.  It has been received from the

         9       Governor, and it is here at the desk.

        10                  SENATOR SMITH:    Move to accept

        11       the message of necessity at this time.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       All those in favor of accepting the message of

        14       necessity please signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The message of necessity is accepted.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 11.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 62.  Nays,

         6       0.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The bill is passed.

         9                  The Secretary will continue to

        10       read.

        11                  THE SECRETARY:    Calendar Number

        12       2, by the Senate Committee on Rules,

        13       Extraordinary Session Senate Print Number 5,

        14       an act to amend the New York State Financial

        15       Emergency Act.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Senator Smith.

        18                  SENATOR SMITH:    Madam President,

        19       is there a message of necessity at the desk?

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Smith, the message of necessity has

        22       been received from the Governor and it is here

        23       at the desk.

        24                  SENATOR SMITH:    Move to accept.



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       All those in favor of accepting the message of

         3       necessity please signify by saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The message of necessity is accepted.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 62.  Nays,

        19       0.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  The Secretary will continue to

        23       read.

        24                  THE SECRETARY:    Calendar Number



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         1       3, by the Senate Committee on Rules,

         2       Extraordinary Session Senate Print Number 8,

         3       an act to amend the Private Housing Finance

         4       Law.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Smith.

         7                  SENATOR SMITH:    Yes.  Is there a

         8       message of necessity at the desk?

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Smith, a message of necessity has been

        11       received from the Governor and it is here at

        12       the desk.

        13                  SENATOR SMITH:    I move that we

        14       accept.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       All those in favor of accepting the message of

        17       necessity please signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       The message of necessity is accepted.

        24                  Read the last section.



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         1                  THE SECRETARY:    Section 4.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 62.  Nays,

         9       0.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The bill is passed.

        12                  The Secretary will continue to

        13       read.

        14                  THE SECRETARY:    Calendar Number

        15       4, by the Senate Committee on Rules,

        16       Extraordinary Session Senate Print Number 16,

        17       an act to amend the Local Finance Law.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Senator Smith.

        20                  SENATOR SMITH:    Yes, Madam

        21       President.  Is there a message of necessity at

        22       the desk?

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Yes, a message of necessity has been received



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         1       from the Governor and it is here at the desk.

         2                  SENATOR SMITH:    Move that we

         3       accept.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       All those in favor of accepting the message of

         6       necessity please signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The message of necessity is accepted.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 10.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Call the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Announce the results.

        21                  THE SECRETARY:    Ayes, 62.  Nays,

        22       0.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The bill is passed.



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         1                  The Secretary will continue to

         2       read.

         3                  THE SECRETARY:    Calendar Number

         4       5, by the Senate Committee on Rules,

         5       Extraordinary Session Senate Print Number 25,

         6       an act to amend the Executive Law.

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       Senator Smith.

         9                  SENATOR SMITH:    Yes, Madam

        10       President.  Is there a message of necessity at

        11       the desk?

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       Yes, Senator Smith, a message of necessity has

        14       been received from the Governor and is here at

        15       the desk.

        16                  SENATOR SMITH:    Yes, I move that

        17       we accept.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       All those in favor of accepting the message of

        20       necessity please signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Opposed, nay.

        24                  (No response.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The message of necessity is accepted.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 62.  Nays,

        12       0.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The bill is passed.

        15                  Senator Smith.

        16                  SENATOR SMITH:    Madam President,

        17       I ask that we just stand at ease just for

        18       about three minutes.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       The Senate will stand at ease.

        21                  (Whereupon, the Senate stood at

        22       ease at 4:37 p.m.)

        23                  (Whereupon, the Senate reconvened

        24       at 5:43 p.m.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The Senate will come to order.

         3                  Majority Leader Smith.

         4                  SENATOR SMITH:    Yes, Madam

         5       President.  I move that we come back from

         6       being at ease and we have a meeting of the

         7       Rules Committee at 5:45.

         8                  We'll stand at east until such time

         9       as the Rules Committee reports.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       There will be a meeting of the Rules Committee

        12       in the Majority Conference Room, Room Number

        13       332, at 5:45.

        14                  The Senate will stand at ease

        15       pending the report of the Rules Committee.

        16                  (Whereupon, the Senate stood at

        17       ease at 5:44 p.m.)

        18                  (Whereupon, the Senate reconvened

        19       at 6:38 p.m.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The Senate will come to order.

        22                  Senator Smith.

        23                  SENATOR SMITH:    Yes, Madam

        24       President.  We will return to the report of



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         1       the Rules Committee, please, and have its

         2       report read.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Senator Smith, there is a report of the Rules

         5       Committee here at the desk.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Senator Smith,

         8       from the Committee on Rules, reports the

         9       following bills:

        10                  Extraordinary Session Senate Print

        11       Number 2, by the Senate Committee on Rules, an

        12       act to amend Chapter 352 of the Laws of 2005;

        13                  Extraordinary Session Senate Print

        14       Number 26, by the Senate Committee on Rules,

        15       an act in relation to the implementation;

        16                  Extraordinary Session Senate Print

        17       Number 28, by the Senate Committee on Rules,

        18       an act to amend the Local Finance Law;

        19                  Extraordinary Session Senate Print

        20       Number 39, by the Senate Committee on Rules,

        21       an act to amend Chapter 331 of the Laws of

        22       2007;

        23                  Extraordinary Session Senate Print

        24       Number 41, by the Senate Committee on Rules,



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         1       an act to amend Chapter 738 of the Laws of

         2       2005;

         3                  Extraordinary Session Senate Print

         4       Number 42, by the Senate Committee on Rules,

         5       an act to amend Chapter 405 of the Laws of

         6       2007;

         7                  Extraordinary Session Senate Print

         8       Number 46, by the Senate Committee on Rules,

         9       an act to amend the Vehicle and Traffic Law

        10       and the State Finance Law;

        11                  Extraordinary Session Senate Print

        12       Number 324, by the Senate Committee on Rules,

        13       an act to amend the Tax Law;

        14                  And Extraordinary Session Senate

        15       Print Number 325, by the Senate Committee on

        16       Rules, an act to amend the Tax Law.

        17                  All bills ordered direct to third

        18       reading.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Smith.

        21                  SENATOR SMITH:    Yes, Madam

        22       President.  I move that we accept the Rules

        23       report for this extraordinary session.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       All those in favor of adopting the report of

         2       the Rules Committee please signify by saying

         3       aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Opposed, nay.

         7                  (No response.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The report of the Rules Committee is adopted.

        10                  Senator Smith.

        11                  SENATOR SMITH:    Madam President,

        12       at this time can we take up the

        13       noncontroversial calendar for this

        14       extraordinary session.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       The Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       6, by the Senate Committee on Rules,

        19       Extraordinary Session Senate Print Number 2,

        20       an act to amend Chapter 352 of the Laws of

        21       2005, amending the Education Law.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Smith.

        24                  SENATOR SMITH:    Yes, Madam



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         1       President.  Is there a message of necessity at

         2       the desk?

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Yes, Senator Smith, a message of necessity has

         5       been received from the Governor and it is here

         6       at the desk.

         7                  SENATOR SMITH:    I move that we

         8       accept the message of necessity.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       All those in favor of accepting the message of

        11       necessity signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The message of necessity is accepted.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 4.  This

        20       act shall take effect July 1, 2009.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 62.  Nays,

         3       0.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       The bill is passed.

         6                  The Secretary will continue to

         7       read.

         8                  THE SECRETARY:    Calendar Number

         9       7, by the Senate Committee on Rules,

        10       Extraordinary Session Senate Print Number 26,

        11       an act in relation to the implementation of

        12       the terms of a written agreement.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Senator Smith.

        15                  SENATOR SMITH:    Yes, Madam

        16       President.  Is there a message of necessity at

        17       the desk?

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Yes, Senator Smith, there is a message of

        20       necessity from the Governor here at the desk.

        21                  SENATOR SMITH:    I move that we

        22       accept the message of necessity from the

        23       Governor that is at the desk.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       All those in favor of accepting the message of

         2       necessity signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Opposed, nay.

         6                  (No response.)

         7                  ACTING PRESIDENT STEWART-COUSINS:

         8       The message is accepted.

         9                  The Secretary will read the last

        10       section.

        11                  THE SECRETARY:    Section 5.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Call the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       Announce the results.

        18                  THE SECRETARY:    Ayes, 62.  Nays,

        19       0.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       The bill is passed.

        22                  The Secretary will continue to

        23       read.

        24                  THE SECRETARY:    Calendar Number



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         1       8, by the Senate Committee on Rules,

         2       Extraordinary Session Senate Print Number 28,

         3       an act to amend the Local Finance Law.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Senator Smith.

         6                  SENATOR SMITH:    Yes, Madam

         7       President.  Is there a message of necessity at

         8       the desk from the Governor?

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Yes, Senator Smith, a message of necessity has

        11       been received from the Governor and it is here

        12       at the desk.

        13                  SENATOR SMITH:    I move that we

        14       accept the message of necessity as received

        15       from the Governor.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       All those in favor of accepting the message of

        18       necessity signify by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       The message is accepted.



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         1                  The Secretary will read the last

         2       section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 62.  Nays,

        11       0.

        12                  ACTING PRESIDENT STEWART-COUSINS:

        13       The bill is passed.

        14                  The Secretary will continue to

        15       read.

        16                  THE SECRETARY:    Calendar Number

        17       9, by the Senate Committee on Rules,

        18       Extraordinary Session Senate Print Number 39,

        19       an act to amend Chapter 331 of the Laws of

        20       2007, authorizing the City of Olean.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Smith.

        23                  SENATOR SMITH:    Yes, Madam

        24       President.  Is there a message of necessity



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         1       from the Governor?

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Yes, Senator Smith, a message of necessity has

         4       been received from the Governor and is here at

         5       the desk.

         6                  SENATOR SMITH:    I move that we

         7       accept the message of necessity that has been

         8       sent by the Governor.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       All those in favor of accepting the message of

        11       necessity signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       The message is accepted.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Call the roll.

        24                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 62.  Nays,

         4       0.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The bill is passed.

         7                  The Secretary will continue to

         8       read.

         9                  THE SECRETARY:    Calendar Number

        10       10, by the Senate Committee on Rules,

        11       Extraordinary Session Senate Print Number 41,

        12       an act to amend Chapter 738 of the Laws of

        13       2005, relating to establishing.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Smith.

        16                  SENATOR SMITH:    Yes, Madam

        17       President.  Is there a message of necessity

        18       sent to us by the Governor?

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Yes, Senator Smith, there is a message of

        21       necessity that has been received from the

        22       Governor here at the desk.

        23                  SENATOR SMITH:    I move that we

        24       accept the message of necessity that was sent



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         1       by the Governor.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       All those in favor of accepting the message of

         4       necessity signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       The message of necessity is accepted.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 62.  Nays,

        20       0.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       The bill is passed.

        23                  The Secretary will continue to

        24       read.



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         1                  THE SECRETARY:    Calendar Number

         2       11, by the Senate Committee on Rules,

         3       Extraordinary Session Senate Print Number 42,

         4       an act to amend Chapter 405 of the Laws of

         5       2007, amending the Tax Law.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Senator Smith.

         8                  SENATOR SMITH:    Yes, Madam

         9       President.  Is there a message of necessity at

        10       the desk?

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Yes, Senator Smith, there is a message of

        13       necessity that has been received from the

        14       Governor here at the desk.

        15                  SENATOR SMITH:    I move that we

        16       accept the message of necessity that was sent

        17       to us by the Governor.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       All those in favor of accepting the message of

        20       necessity please signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Opposed, nay.

        24                  (No response.)



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         1                  ACTING PRESIDENT STEWART-COUSINS:

         2       The message of necessity is accepted.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Announce the results.

        11                  THE SECRETARY:    Ayes, 62.  Nays,

        12       0.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The bill is passed.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       12, by the Senate Committee on Rules,

        18       Extraordinary Session Senate Print Number 46,

        19       an act to amend the Vehicle and Traffic Law

        20       and the State Finance Law, in relation to a

        21       mandatory surcharge.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Smith.

        24                  SENATOR SMITH:    Yes, Madam



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         1       President, is there a message of necessity

         2       sent by the Governor at the desk?

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Yes, Senator Smith, there is a message of

         5       necessity that has been received from the

         6       Governor here at the desk.

         7                  SENATOR SMITH:    Thank you, Madam

         8       President.  I move that we now accept that

         9       message of necessity that was sent by the

        10       Governor.

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       All those in favor of accepting the message of

        13       necessity please signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       The message is accepted.

        20                  Read the last section.

        21                  THE SECRETARY:    Section 3.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Call the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 62.  Nays,

         5       0.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       The bill is passed.

         8                  The Secretary will continue to

         9       read.

        10                  THE SECRETARY:    Calendar Number

        11       13, by the Senate Committee on Rules,

        12       Extraordinary Session Senate Print Number 324,

        13       an act to amend the Tax Law, in relation to

        14       authorizing the County of Schoharie.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Senator Smith.

        17                  SENATOR SMITH:    Yes, Madam

        18       President.  I believe there is a message of

        19       necessity at the desk that was sent by the

        20       Governor.

        21                  ACTING PRESIDENT STEWART-COUSINS:

        22       Senator Smith, you are right, there is a

        23       message of necessity that has been received

        24       from the Governor here at the desk.



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         1                  SENATOR SMITH:    And I move that

         2       we accept that message of necessity that was

         3       sent by the Governor.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       All those in favor of accepting the message of

         6       necessity signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       The message is accepted.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of the

        16       month next succeeding.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       Call the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 62.  Nays,

        23       0.

        24                  ACTING PRESIDENT STEWART-COUSINS:



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         1       The bill is passed.

         2                  The Secretary will continue to

         3       read.

         4                  THE SECRETARY:    Calendar Number

         5       14, by the Senate Committee on Rules,

         6       Extraordinary Session Senate Print Number 325,

         7       an act to amend the Tax Law, in relation to

         8       increasing.

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       Senator Smith.

        11                  SENATOR SMITH:    Yes, Madam

        12       President, I believe there is a message of

        13       necessity at the desk that was sent by the

        14       Governor.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       Yes, Senator Smith, there is a message of

        17       necessity from the Governor that has been

        18       received at the desk.

        19                  SENATOR SMITH:    I move that we

        20       accept that message of necessity that was sent

        21       by the Governor.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       All those in favor of accepting the message of

        24       necessity signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       Opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       The message of necessity is accepted.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 3.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Call the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       Announce the results.

        15                  THE SECRETARY:    Ayes, 62.  Nays,

        16       0.

        17                  ACTING PRESIDENT STEWART-COUSINS:

        18       The bill is passed.

        19                  Senator Smith, that completes the

        20       noncontroversial reading of Extraordinary

        21       Session Calendar Number 1A.

        22                  SENATOR SMITH:    Madam President,

        23       is there any other bills for this

        24       extraordinary session that has been sent to



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         1       the desk by the Governor?

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The desk is clear, Senator Smith.

         4                  SENATOR SMITH:    That being the

         5       case, Madam President, I move that now that we

         6       have finished the business that the Governor

         7       has sent forward to us for this extraordinary

         8       session today, I move that we adjourn

         9       sine die.

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       The Senate will stand adjourned sine die, on

        12       motion of Senator Smith.

        13                  (Whereupon, at 6:48 p.m., the

        14       Senate adjourned sine die.)

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24



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