Extraordinary Session - July 4, 2009

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

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         6

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         9                   ALBANY, NEW YORK

        10                     July 4, 2009

        11                      11:05 a.m.

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        14                 EXTRAORDINARY SESSION

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        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

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         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                  Senator Smith.

         5                  SENATOR SMITH:    Yes, Madam

         6       President.  Would you please recognize my

         7       esteemed colleague Senator Skelos, please.

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       Senator Skelos.

        10                  SENATOR SKELOS:    Thank you,

        11       Senator.

        12                  Before I do my regular routine, I

        13       would ask, as we celebrate the Fourth of July

        14       and the great nation that we live in, if each

        15       of the members who have served in the Armed

        16       Forces, veterans, if they would come forward

        17       and lead us in the Pledge of Allegiance.

        18                  ACTING PRESIDENT STEWART-COUSINS:

        19       Thank you, Senator.

        20                  SENATOR SKELOS:    Senator Larkin.

        21       Colonel Larkin.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       So we have to lead us in the pledge Senator

        24       DeFrancisco, Senator Larkin, Senator Owen



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         1       Johnson, Senator Padavan, Senator Farley,

         2       Senator Leibell, Senator McDonald, Senator

         3       Nozzolio, Senator Monserrate, Senator Onorato.

         4                  (Whereupon, the assemblage recited

         5       the Pledge of Allegiance to the Flag.)

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       In the absence of clergy, may we all bow our

         8       heads for a moment of silence.

         9                  (Whereupon, the assemblage

        10       respected a moment of silence.)

        11                  ACTING PRESIDENT STEWART-COUSINS:

        12       Thank you.

        13                  The Senators will come to order.

        14                  Senator Smith.

        15                  SENATOR SMITH:    Yes, Madam

        16       President.

        17                  Is there a proclamation from the

        18       Governor that is at the desk that needs to be

        19       read?

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Yes, Senator Smith, there is a proclamation

        22       here at the desk.

        23                  The Secretary will read.

        24                  THE SECRETARY:    "I hereby amend



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         1       the proclamation issued on the first day of

         2       July, two thousand nine, pursuant to the power

         3       vested in me by Article IV, Section 3 of the

         4       Constitution, convening the Senate of the

         5       State of New York in Extraordinary Session, at

         6       the Capitol, in the City of Albany, on the

         7       fourth day of July, two thousand nine, to

         8       change the time for such extraordinary session

         9       from three o'clock p.m. to eleven o'clock a.m.

        10                  "Given under my hand and the Privy

        11       Seal of the State in the City of Albany this

        12       third day of July in the year two thousand

        13       nine, by the Governor, David A. Paterson."

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Senator Smith.

        16                  SENATOR SMITH:    Yes, Madam

        17       President.  Would you please recognize my

        18       colleague Senator Skelos.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Yes, certainly.

        21                  Senator Skelos, excuse me just one

        22       moment.

        23                  The proclamation having been read,

        24       the Senate is in extraordinary session.



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         1                  Senator Skelos.

         2                  SENATOR SKELOS:    Thank you.  Good

         3       morning, Senator Stewart-Cousins.

         4                  This extraordinary session is

         5       convened at the call of the Governor, in

         6       keeping with the decision of the court.

         7                  On June 8th, a majority members of

         8       this body elected Senator Pedro Espada as

         9       temporary president and myself as majority

        10       leader.  Under the rules adopted that day, we

        11       do not recognize you as the appropriately

        12       designated presiding officer.

        13                  Despite that, I would still like to

        14       point out your beautiful scarf in celebration

        15       of Independence Day and would like to wish

        16       everybody a happy Fourth of July.

        17                  That being said, I would remind

        18       everybody that we will be joining each other

        19       tomorrow at the call of the Governor at

        20       6:00 p.m., and I would ask at this time that

        21       the bills be laid aside and move that we

        22       adjourn this extraordinary session sine die.

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Thank you, Senator.



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         1                  Senator Smith.

         2                  SENATOR SMITH:    Thank you, Madam

         3       President, duly recognized.

         4                  I would like to read a brief

         5       statement in the spirit of today.  As we know,

         6       this is the Fourth of July.  Our colleagues

         7       are here looking refreshed, looking forward to

         8       getting to spend time with their family.

         9                  But I do just want to remind us

        10       that 236 years ago, on this day, a band of

        11       courageous patriots, representing the hearts

        12       and minds of a new world, gave birth to our

        13       nation.  Founded upon the sacred principles of

        14       life, liberty and the pursuit of happiness, an

        15       ideal was born, one that has lit the world

        16       over two centuries.

        17                  Today that idea lives on in each

        18       and every one of us.  It is heard in this

        19       chamber when a Senator stands up to speak on

        20       behalf of his or her constituents, as it is

        21       demonstrated around the globe by brave men and

        22       women of our armed services who have chosen to

        23       put themselves in harm's way to protect our

        24       country.



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         1                  We may celebrate this day with

         2       barbecues, fireworks, salutes to our Flag, but

         3       more than that, it is also about the

         4       declaration that was signed by 56 individuals

         5       of the Continental Congress, including four

         6       New Yorkers, two of which became members of

         7       this esteemed body, Senator Philip Livingston

         8       and Senator William Floyd.

         9                  Madam President, this is a great

        10       day for our country, it's a great day for all

        11       of us.  To all of my colleagues, to my

        12       friends, to those who are visiting, to all

        13       those who are now seeing and hearing us

        14       vis-a-vis the media, I wish each and every one

        15       of you a wonderful Fourth of July.  God bless

        16       you.  We will all continue to pray for you as

        17       we move forward.

        18                  In regard to that, Madam President,

        19       I ask that we adjourn sine die.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Thank you, Senator Smith.

        22                  Before we adjourn, I did want to

        23       recognize Senator Morahan.  I know you were

        24       here as a veteran, and I think I neglected to



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         1       mention you.  So thank you.

         2                  On motion of Senator Smith, we will

         3       adjourn till tomorrow, 6:00 p.m., sine die.

         4                  (Whereupon, at 11:11 a.m., the

         5       Senate adjourned.)

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