Extraordinary Session - July 28, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     July 28, 2010

        11                       6:46 p.m.

        12

        13

        14                 EXTRAORDINARY SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, Acting President

        19  ANGELO J. APONTE, 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 BRESLIN:    The

         3       Senate will please come to order.

         4                  I ask everyone present to rise and

         5       repeat with me again 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 in a

        10       moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, is

        16       there a proclamation from the Governor at the

        17       desk?

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Klein, there is a proclamation from

        20       the Governor at the desk.

        21                  The Secretary will read.

        22                  THE SECRETARY:    "Pursuant to the

        23       power vested in me by Article IV, Section 3 of

        24       the Constitution, I hereby convene the Senate

        25       and the Assembly of the State of New York in



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         1       Extraordinary Session, at the Capitol, in the

         2       City of Albany, on the twenty-eighth day of

         3       July, two thousand ten, at six o'clock p.m.,

         4       for the purpose of considering legislation I

         5       will submit with respect to various items, and

         6       for the consideration of legislation with

         7       respect to such other subjects as I may

         8       recommend.

         9                  "Given under my hand and the Privy

        10       Seal of the State in the City of Albany this

        11       twenty-sixth day of July in the year two

        12       thousand ten.

        13                  "By the Governor, David A.

        14       Paterson."

        15                  ACTING PRESIDENT BRESLIN:    The

        16       proclamation having been read, the Senate is

        17       in extraordinary session.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, I

        20       believe there's a privileged resolution at the

        21       desk by Senator Sampson.  I ask that the title

        22       of the resolution be read and move for its

        23       immediate adoption.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Klein, has this resolution been deemed



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         1       privileged and submitted to the office of the

         2       Temporary President?

         3                  SENATOR KLEIN:    Yes, it has,

         4       Mr. President.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator

         8       Sampson, Senate Resolution Number 1, providing

         9       for the introduction of bills in the Senate

        10       during the Extraordinary Session.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       question is on the concurrent resolution.  All

        13       those in favor please signify by saying aye.

        14                  (Response of "Aye.")

        15                  SENATOR LIBOUS:    Mr. President.

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Libous.

        18                  SENATOR LIBOUS:    Are there bills

        19       before the house, based on this resolution,

        20       that are going to be read?

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, at

        24       this time the Senate leaders and the Governor

        25       and the Assembly submitted proposals to the



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         1       Governor.  We're currently awaiting the

         2       Governor's response.  Pending the resolution

         3       of negotiations, we won't be acting on any

         4       bills tonight.

         5                  ACTING PRESIDENT BRESLIN:    Then,

         6       Senator Libous, at this time there are no

         7       bills before us.

         8                  SENATOR LIBOUS:    So the Governor

         9       has not submitted any bills to the Senate for

        10       special session?

        11                  ACTING PRESIDENT BRESLIN:    At

        12       this particular moment -- you are correct,

        13       Senator Libous -- we are awaiting those bills

        14       from the Governor.

        15                  SENATOR LIBOUS:    So we are

        16       waiting for those bills, Mr. President?  We

        17       have started special session but we do not

        18       have the bills from the Governor?

        19                  ACTING PRESIDENT BRESLIN:    To

        20       repeat, Senator Libous, the Governor has

        21       submitted to us a proclamation.  In response

        22       to that, there have been items given to the

        23       Governor, and it is a process that has not yet

        24       been concluded.

        25                  SENATOR LIBOUS:    So the purpose



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         1       of today's special session was not to conduct

         2       any business or pass any legislation.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       purpose of today's session was in accordance

         5       and adherence to the proclamation submitted to

         6       the Senate.

         7                  SENATOR LIBOUS:    Which had

         8       legislation attached.

         9                  ACTING PRESIDENT BRESLIN:    Asked

        10       and answered, Senator Libous.  Thank you.

        11                  SENATOR LIBOUS:    I'm sorry,

        12       Mr. President?

        13                  ACTING PRESIDENT BRESLIN:    Asked

        14       and answered.

        15                  SENATOR LIBOUS:    I don't --

        16       Mr. President, I disagree.  The Governor

        17       specifically said publicly that he was sending

        18       up several items for the Legislature to take

        19       action on, and I don't believe those items are

        20       before the house.

        21                  ACTING PRESIDENT BRESLIN:    That's

        22       been asked and answered, Senator Libous.  You

        23       are correct.

        24                  SENATOR LIBOUS:    Thank you,

        25       Mr. President.



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         1                  SENATOR DeFRANCISCO:    Point of

         2       order.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator DeFrancisco, why do you rise?

         5                  SENATOR DeFRANCISCO:    I just have

         6       a question.

         7                  If a special session was called

         8       bringing everybody from throughout the state

         9       at great expense to the taxpayers of the State

        10       of New York when we're in a budget deficit

        11       situation -- and you're saying the Governor,

        12       after calling that, has not submitted any

        13       bills for consideration?  Is that what you're

        14       saying?

        15                  ACTING PRESIDENT BRESLIN:    I'm

        16       saying the process is yet to be completed.  At

        17       this point in time you are technically

        18       correct, Senator DeFrancisco.

        19                  SENATOR DeFRANCISCO:    Well, let

        20       me try to clarify it.

        21                  The process to be completed is a

        22       proclamation for a special session with bills

        23       attached to it.  My question:  Has that

        24       process been completed, in that has the

        25       Governor submitted the bills that were



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         1       attached to the proclamation that we're

         2       supposed to deal with in special session

         3       today?

         4                  ACTING PRESIDENT BRESLIN:    I'd

         5       suggest that if you read the proclamation, it

         6       goes over subjects to be considered dealing

         7       with particular areas of legislation.  And

         8       that process has not been completed.

         9                  SENATOR DeFRANCISCO:    It's not

        10       been completed because we haven't considered

        11       anything.

        12                  Are we going to consider it in

        13       accordance with the proclamation of the

        14       Governor for everyone from throughout the

        15       state to come up here at the taxpayers'

        16       expense?

        17                  ACTING PRESIDENT BRESLIN:    We'll

        18       be convening in extraordinary session, Senator

        19       DeFrancisco, and I would anticipate that in

        20       the coming days we will take up that

        21       particular legislation submitted to us by the

        22       Governor.

        23                  SENATOR DeFRANCISCO:    But not

        24       today.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Obviously not.  That's been asked and

         2       answered.  You're correct.

         3                  SENATOR DeFRANCISCO:    I didn't

         4       realize I was in court.  But --

         5                  ACTING PRESIDENT BRESLIN:    Well,

         6       but it's --

         7                  SENATOR DeFRANCISCO:    Thank you

         8       very much.

         9                  ACTING PRESIDENT BRESLIN:    But

        10       when you answer it four or five times --

        11                  SENATOR DeFRANCISCO:    Okay, thank

        12       you.

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Senator DeFrancisco.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    Mr. President,

        17       on the privileged resolution Senate 1, it

        18       indicates that all bills that will be

        19       introduced during extraordinary session will

        20       be referred to the Rules Committee or, I

        21       believe, to the Finance Committee.

        22                  Have there been bills accepted by

        23       the Senate Democrat Majority that have been

        24       sent to us by the Governor to be taken up at

        25       the extraordinary session?



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         1                  ACTING PRESIDENT BRESLIN:    No,

         2       Senator Skelos, there have been no specific

         3       bills submitted to us by the Governor.

         4                  SENATOR SKELOS:    So the Governor

         5       has not sent up any bills for this

         6       extraordinary session.

         7                  ACTING PRESIDENT BRESLIN:    That's

         8       correct, Senator Skelos.

         9                  SENATOR SKELOS:    Have they been

        10       sent up and the Senate not accepted those

        11       pieces of legislation?

        12                  ACTING PRESIDENT BRESLIN:    The

        13       answer to that is no.  The process is ongoing.

        14       We anticipate the completion of the process at

        15       a later point in the extraordinary session.

        16                  SENATOR SKELOS:    I guess my

        17       question is we've heard about process, Senator

        18       Carl Kruger has mentioned about critical mass.

        19       Are we at that critical mass yet where we're

        20       going to have bills before the chamber to

        21       either vote yes or no to be referred to Rules?

        22                  Will there be a Rules Committee

        23       meeting, a Finance Committee meeting tonight

        24       during extraordinary session?  Or is the

        25       intent to gavel in, basically, and gavel out?



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Skelos, we will not gavel out.  We

         3       will continue in extraordinary session with

         4       the expectation that we will receive bills

         5       that we will act upon.

         6                  SENATOR ROBACH:    Senator Breslin.

         7                  ACTING PRESIDENT BRESLIN:    I'm

         8       sorry.  Senator Robach, why do you rise?

         9                  SENATOR ROBACH:    You know, on

        10       that questioning, I guess I'd like to ask, in

        11       particular, we've all been following this; our

        12       constituents want to know what's going on.

        13       Where I live, people are very concerned -- the

        14       Governor has made the statement and been in

        15       the media saying one of the bills he's put up

        16       was a property tax cap.

        17                  Will we be taking that bill up at

        18       some point during this process?  I think it's

        19       important to know.

        20                  ACTING PRESIDENT BRESLIN:    I

        21       guess, Senator Robach, you're asking questions

        22       that are beyond the chair at this point in

        23       time.  Is there a point of order that you

        24       would wish to make?

        25                  SENATOR ROBACH:    I guess the



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         1       point of order is why are we here if we're not

         2       going to take up the Governor's bills?

         3                  And I guess I'm wishfully

         4       requesting that a bill we've talked about for

         5       a long time that the Governor says he agrees

         6       with also on the property tax cap, I would

         7       hope we would minimally take up that bill.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator Robach.

        10                  Senator Sampson.

        11                  SENATOR SAMPSON:    Thank you very

        12       much, Senator Robach.  And I hope to take up

        13       that bill that deals with a property tax cap.

        14                  At this point in time, just a point

        15       of clarification.  The Governor has sent the

        16       bills up to us.  We are in disagreement with

        17       respect to the revenue bill, which we have not

        18       accepted.  We will be taking up that and

        19       introducing those bills during extraordinary

        20       session at some point in time.

        21                  Just to further clarify, I expect

        22       to have a discussion with respect to the

        23       Governor dealing with a lot of these bills

        24       that he has sent up to us sometime this

        25       evening.



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         1                  Just for a point of clarification

         2       to all the members in the chamber.  Thank you.

         3                  ACTING PRESIDENT BRESLIN:    Thank

         4       you, Senator Sampson.  I stand corrected.

         5                  Senator Libous.

         6                  SENATOR LIBOUS:    I now stand to

         7       say thank you to Senator Sampson, because the

         8       bills were sent up.  And it was very

         9       disappointing to hear from the chair that the

        10       bills were not sent up from the Governor's

        11       office.

        12                  ACTING PRESIDENT BRESLIN:    I

        13       stand corrected, Senator Libous.

        14                  SENATOR LIBOUS:    Thank you,

        15       Mr. President.

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Klein.

        18                  SENATOR SKELOS:    Mr. President,

        19       if I could just --

        20                  ACTING PRESIDENT BRESLIN:    Sure.

        21       Senator Skelos.

        22                  SENATOR SKELOS:    -- ask one

        23       further question.

        24                  I'm not sure what the procedure

        25       is -- and perhaps our good friends at the desk



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         1       can inform you and you can inform the

         2       membership -- when the Governor sends bills to

         3       the Senate or to the Assembly to be acted

         4       upon -- obviously, I'm concerned about the

         5       Senate -- are they time-stamped as to when

         6       they are accepted and when we do receive them?

         7                  And if they have been sent, could

         8       you inform us if they have been accepted and

         9       the time of the acceptance?

        10                  ACTING PRESIDENT BRESLIN:

        11       Absolutely, Senator Skelos.  I do not have

        12       that information available to me now.  I

        13       certainly will provide it to you.

        14                  SENATOR SKELOS:    Is this -- at

        15       what point of critical mass will we be

        16       informed about this?

        17                  ACTING PRESIDENT BRESLIN:    I'm

        18       presiding over the house.  That certainly

        19       isn't a question for me acting as the

        20       president of the session.

        21                  SENATOR SKELOS:    So it's on the

        22       radar screen somewhere.

        23                  ACTING PRESIDENT BRESLIN:    And I

        24       would expect to be able to have an answer for

        25       you tonight.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President,

         3       now that we've reached the point of critical

         4       mass, can you please call on Senator Ruth

         5       Hassell-Thompson for an announcement.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Ruth Hassell-Thompson.

         8                  SENATOR LIBOUS:    Mr. President,

         9       point of order.  I don't believe we've voted

        10       on the resolution yet.

        11                  ACTING PRESIDENT BRESLIN:    On the

        12       resolution, all those in favor please signify

        13       by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT BRESLIN:

        16       Opposed, nay.

        17                  (Response of "Nay.")

        18                  ACTING PRESIDENT BRESLIN:    The

        19       resolution is adopted.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Now can we please

        22       call on Senator Ruth Hassell-Thompson for an

        23       announcement, Mr. President.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Hassell-Thompson.



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         1                  SENATOR HASSELL-THOMPSON:    There

         2       is to be an immediate meeting of the Senate

         3       Majority in Room 332.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, is

         7       there any further business at the desk?

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Klein, the desk is clear.

        10                  SENATOR KLEIN:    There being no

        11       further business, Mr. President, I move that

        12       we adjourn until Thursday, July 29th, at

        13       10:00 a.m.

        14                  ACTING PRESIDENT BRESLIN:    There

        15       being no further business, the Senate stands

        16       adjourned until Thursday, July 29th, at

        17       10:00 a.m.

        18                  (Whereupon, at 6:57 p.m., the

        19       Senate adjourned.)

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