Regular Session - July 26, 2007
6064
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 July 26, 2007
11 3:19 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH E. ROBACH, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
6065
1 P R O C E E D I N G S
2 ACTING PRESIDENT ROBACH: The
3 Senate will come to order.
4 I ask everyone present to rise and
5 join me in the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT ROBACH: In the
9 absence of clergy, we will bow our heads in a
10 moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT ROBACH: Reading
14 of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, July 25, the Senate met pursuant to
17 adjournment. The Journal of Tuesday, July 24,
18 was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT ROBACH: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
Candyco Transcription Service, Inc.
(518) 371-8910
6066
1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President, I
8 move that we adopt the Resolution Calendar in
9 its entirety.
10 ACTING PRESIDENT ROBACH: All in
11 favor of adopting the Resolution Calendar
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT ROBACH:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT ROBACH: The
18 Resolution Calendar is adopted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 there will be an immediate meeting of the
22 Rules Committee in the Majority Conference
23 Room.
24 ACTING PRESIDENT ROBACH: There
25 will be an immediate meeting of the Rules
Candyco Transcription Service, Inc.
(518) 371-8910
6067
1 Committee in the Majority Conference Room.
2 The Senate will stand at ease.
3 (Whereupon, the Senate stood at
4 ease at 3:21 p.m.)
5 (Whereupon, the Senate reconvened
6 at 3:28 p.m.)
7 ACTING PRESIDENT ROBACH: Senator
8 Skelos.
9 SENATOR SKELOS: Mr. President,
10 if we could return to reports of standing
11 committees for the report of the Rules
12 Committee.
13 ACTING PRESIDENT ROBACH: Reports
14 of standing committees.
15 The Secretary will read.
16 THE SECRETARY: Senator Bruno,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 6432, by the Senate
20 Committee on Rules, an act establishing;
21 And Senate Print 6435, by Senator
22 Griffo, an act to amend Chapter 181 of the
23 Laws of 2005.
24 Both bills ordered direct to third
25 reading.
Candyco Transcription Service, Inc.
(518) 371-8910
6068
1 SENATOR SKELOS: Mr. President,
2 move to accept the report of the Rules
3 Committee.
4 ACTING PRESIDENT ROBACH: All
5 those in favor of accepting the report signify
6 by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT ROBACH: Any
9 opposed, nay.
10 (No response.)
11 ACTING PRESIDENT ROBACH: The
12 report is accepted.
13 SENATOR SKELOS: Mr. President.
14 ACTING PRESIDENT ROBACH: Senator
15 Skelos.
16 SENATOR SKELOS: If we could now
17 take up the Rules report noncontroversial,
18 beginning with Calendar Number 2149.
19 ACTING PRESIDENT ROBACH: The
20 Secretary will read.
21 THE SECRETARY: In relation to
22 Calendar Number 2149, Senator Griffo moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 9363 and substitute it
25 for the identical Senate Bill Number 6435,
Candyco Transcription Service, Inc.
(518) 371-8910
6069
1 Third Reading Calendar 2149.
2 ACTING PRESIDENT ROBACH:
3 Substitution ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 2149, by Member of the Assembly Carrozza,
7 Assembly Print Number 9363, an act to amend
8 Chapter 181 of the Laws of 2005 amending the
9 Election Law and the State Finance Law.
10 ACTING PRESIDENT ROBACH: Senator
11 Skelos.
12 SENATOR SKELOS: Mr. President,
13 is there a message of necessity at the desk?
14 ACTING PRESIDENT ROBACH: There
15 is.
16 SENATOR SKELOS: Move to accept.
17 ACTING PRESIDENT ROBACH: All in
18 favor of accepting the message of necessity
19 signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT ROBACH: Those
22 opposed, nay.
23 (No response.)
24 ACTING PRESIDENT ROBACH: The
25 message is accepted.
Candyco Transcription Service, Inc.
(518) 371-8910
6070
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT ROBACH: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 53.
8 ACTING PRESIDENT ROBACH: The
9 bill is passed.
10 SENATOR SKELOS: Mr. President.
11 ACTING PRESIDENT ROBACH: Senator
12 Skelos.
13 SENATOR SKELOS: Mr. President,
14 if we could take up Calendar Number 2148,
15 noncontroversial.
16 ACTING PRESIDENT ROBACH: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 2148, by the Senate Committee on Rules, Senate
20 Print 6432, an act establishing the New York
21 City Traffic Congestion Mitigation Commission.
22 ACTING PRESIDENT ROBACH: Read
23 the last section.
24 THE SECRETARY: Section 10. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
6071
1 SENATOR DIAZ: Lay it aside.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 SENATOR SKELOS: Mr. President, I
6 believe Senator Diaz laid the bill aside.
7 So if we could now take it up on
8 the controversial calendar.
9 ACTING PRESIDENT ROBACH: The
10 Secretary will ring the bell.
11 THE SECRETARY: Calendar Number
12 2148, by the Senate Committee on Rules, Senate
13 Print 6432, an act establishing the New York
14 City Traffic Congestion Mitigation Commission.
15 ACTING PRESIDENT ROBACH: Senator
16 Diaz.
17 SENATOR DIAZ: Thank you.
18 Mr. President, the bill is
19 introduced by the Committee on Rules. Is any
20 one of the sponsor -- who is the sponsor of
21 the bill? The Committee on Rules. Who will
22 answer my questions?
23 Mr. President, would the sponsor
24 yield for a question?
25 ACTING PRESIDENT ROBACH: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6072
1 Padavan will be answering questions on the
2 bill.
3 SENATOR DIAZ: Thank you.
4 Senator Padavan, this commission
5 that is composed of 17 members that we're
6 about to vote, are you aware of the statement
7 made by Deputy Mayor Dan Doctoroff who says
8 that no matter what, they already got the
9 votes?
10 SENATOR PADAVAN: No, I'm not
11 aware of any statement from Dr. Doctoroff.
12 I do know what's in the bill. If
13 you want to ask me about that, I'd be happy to
14 respond.
15 SENATOR DIAZ: So according to
16 Dr. Doctoroff, they already have the votes.
17 If the mayor has three votes which happens to
18 be in favor of the plan, Christine Quinn of
19 the City Council has three votes who happen to
20 be in favor of the plan --
21 SENATOR PADAVAN: Is that a
22 question?
23 SENATOR DIAZ: I'm going to get
24 to my question if you give me an opportunity.
25 SENATOR PADAVAN: All right, go
Candyco Transcription Service, Inc.
(518) 371-8910
6073
1 ahead.
2 SENATOR DIAZ: Relax. Relax.
3 SENATOR PADAVAN: I'm very
4 relaxed.
5 SENATOR DIAZ: No, you know,
6 you --
7 SENATOR PADAVAN: I'm relaxed as
8 can be.
9 ACTING PRESIDENT ROBACH: Senator
10 Diaz, if you could direct your questions
11 through the chair.
12 SENATOR DIAZ: Mr. President,
13 okay. If the mayor of the City of New York
14 has three votes on the commission who happens
15 to be in favor of the plan, if Senator Bruno,
16 leader of the Senate, has three votes who
17 happens to be in favor of the plan, and if the
18 Governor has three votes who happens to be in
19 favor of the plan, and Christine Quinn, the
20 City Council president of the City of
21 New York, has three votes who happens to be in
22 favor of the vote, would the sponsor please
23 answer me how -- if there will be any chance
24 of whatever the commission decides could --
25 who is going to -- how are we going to have
Candyco Transcription Service, Inc.
(518) 371-8910
6074
1 votes enough to vote against the commission
2 findings if they already have the votes?
3 SENATOR PADAVAN: All right,
4 Senator. First, your supposition that all
5 these 17 members as you tick them off -- and
6 you're right in terms of the configuration of
7 the commission -- would be in favor of any
8 given plan I think is somewhat argumentative
9 in terms of our knowing. We don't know.
10 However, there are a number of
11 timelines here. First, we don't know what the
12 plan is that the commission is going to
13 consider or what it might come up with.
14 That's open-ended in terms of what they decide
15 as a group would be the best approach to
16 dealing with the myriad issues of congestion
17 in the City of New York.
18 Now, after they do that, come up
19 with a plan -- and that must be done by
20 January 31st of 2008 -- the City Council must
21 vote as a body and provide a home rule
22 message. So there's your first vote of 15
23 members of that body deciding as to whether or
24 not whatever this plan may be is desirable to
25 the City of New York.
Candyco Transcription Service, Inc.
(518) 371-8910
6075
1 Should they come up with a vote in
2 favor of it, it would then come to us. And
3 then by March 31st of 2008 this body and the
4 Assembly would have to approve it as well.
5 So there are two legislative bodies
6 who would have to vote in the affirmative, two
7 separate occasions before anything would
8 become a reality.
9 I might also add, parenthetically,
10 that if the money that is presumed to be
11 available from the federal government is not
12 forthcoming at any time during that process,
13 then the entire matter becomes moot. It
14 evaporates.
15 Does that answer your question?
16 SENATOR DIAZ: Mr. President,
17 will the sponsor yield for another question.
18 ACTING PRESIDENT ROBACH: Senator
19 Padavan, will you continue to yield?
20 SENATOR PADAVAN: Yes.
21 SENATOR DIAZ: Senator Padavan,
22 according to the bill, the mayor authorized to
23 start putting cameras, cameras in the city, in
24 the area, spending millions of dollars
25 installing cameras without the commission yet
Candyco Transcription Service, Inc.
(518) 371-8910
6076
1 having to say yes or no, whatever.
2 So -- so -- wait. So is the mayor
3 going to -- if this bill authorizes the mayor
4 to go ahead and start implementing installing
5 cameras and spend millions and millions of
6 dollars, what will -- what would stop -- how
7 is the mayor going to spend so much money if
8 he's not sure that the commission going to
9 approve it?
10 SENATOR PADAVAN: Well, first
11 place, Senator, the City of New York is
12 installing cameras and has been for quite a
13 while. We have red-light cameras, we have
14 traffic-monitoring cameras, we have security
15 cameras -- let me finish. I heard your
16 question.
17 Now, before the city would be
18 allowed to spend money in any major way on any
19 additional program of camera installation, the
20 City Council would have to approve that in the
21 budget of the City of New York.
22 However, the bill specifically says
23 that no actions can be taken by the city,
24 imposing fees or anything else, until such
25 time as that process that I explained earlier
Candyco Transcription Service, Inc.
(518) 371-8910
6077
1 is completed.
2 SENATOR DIAZ: So, Mr. President,
3 will the sponsor yield for another question?
4 ACTING PRESIDENT ROBACH: Senator
5 Padavan, will you continue to yield?
6 SENATOR PADAVAN: Yes.
7 ACTING PRESIDENT ROBACH:
8 Continue.
9 SENATOR DIAZ: Let me refer
10 myself to the pricing, to the congestion
11 pricing. The mayor was charging $8. Now we
12 don't know how much we're going to charge.
13 But the money that's supposed to come from
14 Washington is based on congestion pricing.
15 SENATOR PADAVAN: The
16 decision-making process in Washington
17 obviously is not something that we can
18 categorize in any definitive way. The action
19 of this legislative body, approved by the
20 governor -- which I presume would happen --
21 would go to Washington.
22 Whatever this bill provides for,
23 and basically it's a study commission, that's
24 basically what this is, may or may not meet
25 the requirements of the federal agencies,
Candyco Transcription Service, Inc.
(518) 371-8910
6078
1 federal DOT in terms of their allocating funds
2 to the City of New York.
3 As you know, as I understand it,
4 there are nine cities that are in competition
5 for these funds. That decision will be
6 entirely up to them. Which is why this bill
7 says very specifically if no money is
8 forthcoming from the federal government, then
9 the bill evaporates, nothing happens. It's
10 all moot.
11 SENATOR DIAZ: On the bill,
12 Mr. President.
13 ACTING PRESIDENT ROBACH: On the
14 bill.
15 SENATOR DIAZ: Two weeks ago we
16 came here, we were supposed to vote on the
17 mayor's congestion pricing plan. That didn't
18 happen. And I opposed it at that time saying
19 that every time that need money, they always
20 use the pain and suffering of blacks and
21 Hispanic to get what they need. Once they get
22 what they need, the black and Hispanic
23 community never sees anything.
24 It happens in education. Every
25 time that they need money for education, they
Candyco Transcription Service, Inc.
(518) 371-8910
6079
1 picture the black and Hispanic children and
2 they say we have to remedy, we have to take
3 care of education for black and Hispanics.
4 They get the money, our community never sees,
5 never sees the money. Our schools continue to
6 be the worst ones, our education continues to
7 be a shame, and teachers have to put money out
8 of their pocket to buy material for the
9 students.
10 When it comes to health, they use
11 the pain and suffering of the Hispanic
12 community, of the black and Hispanic community
13 to get what they need. Once they got what
14 they need, we never see it. Our hospitals and
15 our services are the first one that gets cut.
16 So they're always using -- I don't
17 even know why it is that our community's doing
18 so bad when so many people are defending our
19 community. I don't know why we're doing so
20 bad because we have so many people that defend
21 us. Oh, we got to do for the poor. Oh, we
22 got to do for the black. Oh, we have to do
23 for the Hispanic. And we -- and every day we
24 are doing worse and worse.
25 Now, now, the savior -- no, the
Candyco Transcription Service, Inc.
(518) 371-8910
6080
1 saviors of our community, now they want to
2 implement a plan where they going to take care
3 of the people in the South Bronx that are
4 dying from asthma and that are having the
5 worst respiratory illness in the nation.
6 So now, everybody, they want to
7 protect us. So how they going to do it by
8 protecting us? They going to stop people from
9 going to Manhattan, 86th Street, where the
10 mayor, the billionaire mayor of the City of
11 New York and all the rich people live. So
12 they're going to take care of that area by
13 taking care of that area and getting a nice
14 good area for people that already have the
15 best transportation system in the state and
16 the richest people in the state.
17 By doing that they think, they
18 think that the asthma rate in the Bronx in
19 Queens and in Brooklyn will drop. They think,
20 they hope, they believe that by doing that and
21 taking care of the rich people in Manhattan,
22 ho, ho, they are doing us a favor.
23 Please, be serious about it. Stop
24 using us, stop using us, our suffering, our
25 pain for your own benefit. No one can assure
Candyco Transcription Service, Inc.
(518) 371-8910
6081
1 us that this plan will in fact decrease the
2 asthma rate in the Bronx. No one could
3 assure -- and now they're forming a
4 commission, they're forming a commission with
5 17 votes, 17 votes, 17 members -- three by the
6 governor, three by the mayor, three by
7 Christine Quinn, the City Council president,
8 and three by Joseph Bruno. Three, three,
9 three, three. Three times four is what, 12?
10 Twelve out of 17 is a majority.
11 So they don't need anything else.
12 They just need Christine Quinn, the mayor,
13 Bruno, and the governor to appoint people that
14 will vote for whatever plan the mayor submits.
15 Whatever plan the mayor submits.
16 And then after we go with this
17 mockery of appointing a commission that we
18 already know how they're going to vote -- it's
19 a mockery. It's a farce. It's a shame. It's
20 a slap in our faces. After we go and appoint
21 a commission that everybody know how they're
22 going to vote, they're going to send us what
23 the commission votes and then the press will
24 make fun with us: How dare you vote against
25 something that a commission decided? How dare
Candyco Transcription Service, Inc.
(518) 371-8910
6082
1 you vote against something that a commission
2 already went through a study and said okay?
3 Please, ladies and gentlemen.
4 Mr. President, ladies and gentlemen, this
5 black guy with kinky hair from Puerto Rico
6 representing the South Bronx, people with
7 asthma, I'm voting no. And I'm asking my
8 fellow members to vote no and to stop this
9 mockery, this shameful thing.
10 Nobody cares about Hispanics,
11 nobody cares about blacks except us. It has
12 been proven, no matter what we do, no matter
13 what you say, you always make fun of us. As a
14 matter of fact, in our chamber somebody said
15 before, somebody said before: I will be
16 pleased if all of you don't ever come to
17 Manhattan.
18 This is a shame. This is a
19 mockery. Don't use us, don't use our children
20 saying that you're going to protect us.
21 Please. I'm voting no, and I hope you vote no
22 on this commission, on this mockery.
23 Thank you, Mr. President.
24 ACTING PRESIDENT ROBACH: Senator
25 Adams, did you want to speak?
Candyco Transcription Service, Inc.
(518) 371-8910
6083
1 SENATOR ADAMS: Just briefly.
2 I think that we saw the highest
3 level of hypocrisy from the New York State
4 media this week. New York State media has
5 complained about the three men in a room
6 concept.
7 I found out that a deal was cut
8 from a cab driver. I wasn't up here when this
9 deal was made. I wasn't part of the
10 discussion. The New York State media
11 commended the process that was used, the same
12 process that they have criticized for the last
13 30 years of how bad three men in a room
14 running our state government.
15 We weren't part of the sit-down.
16 If I'm correct, you were all back in your
17 district like I was when three individuals
18 made the decision that this was going to move
19 ahead. Yet the Daily News, the Post and
20 everybody that criticized us and called us
21 dysfunctional commended the process that was
22 used.
23 So you saw the highest level of
24 hypocrisy from the editorial pages that
25 criticized the same process that was used. So
Candyco Transcription Service, Inc.
(518) 371-8910
6084
1 what they're saying to us, the three men in a
2 room concept is great as long as they get what
3 they want and not our constituents receive
4 what they want. That's the hypocrisy that we
5 saw.
6 But let me conclude with this
7 congestion taxing. I could comfortably vote
8 for this bill if we were not allowing the
9 mayor to put the cameras in place.
10 And for someone to insult us to
11 believe, after putting a thousand cameras
12 around the city, that all of a sudden if this
13 commission -- and we can ignore the commission
14 because Doctoroff is right, they already
15 control the votes -- that it's going to come
16 back to the Senate.
17 And as I learned today -- because
18 I'm still a rookie, Diaz -- that you can hide
19 it into a budget bill. And even my Long
20 Island comrades that don't want to go for
21 this, we can find ourselves restricted and
22 confined to vote as a block on a budget bill
23 and still sneak it through.
24 Because something is strange about
25 that March 31st date. I can't figure it out
Candyco Transcription Service, Inc.
(518) 371-8910
6085
1 yet, but something is telling me that there's
2 something strange about that March 31st date.
3 I've never seen more three card
4 monte shysters in my life. This is the
5 slickest willy I've ever seen in my life.
6 Slicksters calling themselves representatives
7 of the people.
8 This bill is wrong. If we want a
9 commission, let the commission vote, then
10 allow the mayor to make the decision if he's
11 going to install cameras throughout this
12 state. Votes should not be dependent.
13 Let me conclude with this, what I
14 find so fascinating. The leaders of campaign
15 reform, that those of us are getting these
16 nickel and dimes, are complaining, yet they
17 write $100,000 checks to a party and get their
18 accountant to write another $100,000 check.
19 But they want campaign reform.
20 See, campaign reform means we can't
21 go to the little guy to get our change, that
22 they can control the process of who's going to
23 make the contribution to push through their
24 agenda. That's campaign reform.
25 Multimillionaires that can finance and run
Candyco Transcription Service, Inc.
(518) 371-8910
6086
1 their own race and push through their agendas.
2 After we decided not to bring it on the floor,
3 they can come back to Albany and maybe write a
4 bigger check and push it through.
5 That's the campaign reform they're
6 looking for, prevent us -- no, not campaign
7 public financing where we don't have to go
8 around sitting on the phones nine hours a day
9 begging for money. No, they don't want that.
10 They want to cut off our right to get
11 contributions while they can be the only one
12 that can contribute and then control the
13 agenda that's being sent out.
14 This is a wrong decision. It's a
15 wrong decision. We didn't have a
16 participation in it. And there's no way I can
17 vote for this sham of a bill that permits the
18 mayor to install cameras prior to we, as the
19 elective body, making that decision.
20 I join you, Diaz, in voting no.
21 ACTING PRESIDENT ROBACH: Are
22 there any other Senators wishing to be heard
23 on the bill?
24 Debate is closed.
25 The Secretary will ring the bell.
Candyco Transcription Service, Inc.
(518) 371-8910
6087
1 Read the last section.
2 THE SECRETARY: Section 10. This
3 act shall take effect immediately.
4 ACTING PRESIDENT ROBACH: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT ROBACH: Senator
8 Connor, to explain his vote.
9 SENATOR CONNOR: Thank you,
10 Mr. President.
11 When we were here, what was it, a
12 week and a half or two weeks ago, I was
13 determined at the time to vote against the
14 proposal that the mayor had made because there
15 were so many unanswered questions that
16 affected my constituents and also affected my
17 sense that it wasn't a good plan.
18 For example, why should someone
19 from New Jersey get to go to Midtown Manhattan
20 and if they take the Outer Bridge crossing and
21 the Verrazano they get a credit for the tolls
22 and they go in for free? How does that make
23 our air cleaner? We don't even get the
24 revenue. It goes to the Port Authority or the
25 Triborough Authority.
Candyco Transcription Service, Inc.
(518) 371-8910
6088
1 So I approach this bill, though,
2 differently. This allows us all to have a say
3 through the commission and to get all those
4 questions answered and to continue the
5 discussion as to how to mitigate traffic. It
6 doesn't ordain congestion pricing. It's a
7 study and a plan and proposal for how to
8 mitigate traffic.
9 And I think I was offended by the
10 way the mayor put forth his proposal. I had
11 weeks and weeks and weeks of TV ads and mail
12 coming at me and never had a bill in front of
13 us until a week and a half before session
14 ended. And I heard Dan Doctoroff say we have
15 a majority of the votes on this commission.
16 Well, if that's how they're
17 thinking, if they think this commission can
18 just use their votes to ram through something
19 like they proposed last time, then they don't
20 understand government and politics.
21 Under this bill the minority
22 leader, Senator Malcolm Smith, has one member
23 on the commission. My advice to the mayor's
24 people: Listen to that member. If you need
25 our votes here at the end of the day, listen
Candyco Transcription Service, Inc.
(518) 371-8910
6089
1 to that member.
2 And if they think they can just
3 outvote Speaker Silver's members on the
4 commission because they have more numbers,
5 then they don't understand government.
6 This commission is a place where
7 the interested parties who were not given a
8 seat at the table before will have a seat at
9 the table, whether they have one member on the
10 commission or three or three, whatever.
11 The City Council will have to
12 approve this, something that hasn't happened
13 yet, and it will come back to the Legislature.
14 And so I'm comfortable voting for
15 this now because of that. Hopefully there
16 will be a real mitigation plan. But it's
17 simplistic to say, oh, we'll just use our
18 weight and vote it through the commission.
19 They'll never, ever get it through the City
20 Council or the Legislature if that's the way
21 they approach this whole problem.
22 So therefore, Mr. President, I'm
23 voting aye.
24 ACTING PRESIDENT ROBACH: Thank
25 you, Senator Connor.
Candyco Transcription Service, Inc.
(518) 371-8910
6090
1 Senator Perkins, to explain his
2 vote.
3 SENATOR PERKINS: Thank you,
4 Mr. President.
5 I'm going to vote aye. But I can
6 appreciate the concerns of my colleagues that
7 smell a rat, because there is a rat involved
8 in this process. And we've had the
9 unfortunate experience of being in the room
10 with that individual and having had that
11 individual make disparaging remarks publicly
12 about this conference and about this process
13 the last time around.
14 And I can appreciate the offense
15 of --
16 ACTING PRESIDENT ROBACH: Excuse
17 me, Senator.
18 Can we just have a little order out
19 of respect for our colleague.
20 SENATOR PERKINS: And I can
21 appreciate being offended by Dan Doctoroff
22 asserting, with the greatest of arrogance,
23 that they control the vote, that this is an
24 impotent legislative body, that this is an
25 impotent process, that it's just a window
Candyco Transcription Service, Inc.
(518) 371-8910
6091
1 dressing that ultimately will come out with a
2 predetermined conclusion, a predetermined law,
3 a predetermined plan that they have
4 determined.
5 Dan Doctoroff said the same thing
6 about the West Side Stadium. And I think
7 Shelly Silver proved him to be a liar at that
8 time.
9 And I think in fact this process
10 that we're going through is a very, very
11 important process. And it's a very, very
12 important time for us as legislators to be
13 going through that process because we do have
14 a crisis. We do have an emergency. We do
15 have a congestion problem in Manhattan that
16 affects all of us, in the outer boroughs and
17 outside of the city as well.
18 This is a serious problem. And
19 much of the complaints, by the way, related to
20 that congestion is not simply coming from the
21 people that live in the borough of Manhattan
22 but actually from the people who unfortunately
23 have to suffer through traveling by vehicle,
24 by cars into Manhattan and therefore have to
25 be subject to that kind of congestion.
Candyco Transcription Service, Inc.
(518) 371-8910
6092
1 And then, of course, more
2 importantly, we have the crisis, the health
3 crisis, the environmental crisis that all of
4 this congestion is creating in Manhattan that
5 also affects our communities outside of
6 Manhattan, especially including in the Bronx
7 and including in the other boroughs.
8 So we cannot, because of the rats
9 that are possibly involved in this process,
10 ignore the imperative public policy initiative
11 that we have to pursue in terms of addressing
12 the emergency congestion and the emergency
13 environmental issues that this commission is
14 designed to address -- designed to address it,
15 as I understand it, taking into consideration
16 a lot of the concerns that members of this
17 body and members of the Assembly and members
18 of the community, whether it be the Harlem
19 community or the other communities, have
20 expressed as we were wrestling with this
21 before.
22 This is what this commission is
23 designed to try to accommodate. Whether or
24 not it will be a hundred percent successful in
25 that regard we won't know until we get into
Candyco Transcription Service, Inc.
(518) 371-8910
6093
1 the water with it and begin to look at it.
2 But clearly it was a commission responsive to
3 the outrage, to the concerns that were brought
4 up from before.
5 This is not a plan. This is not a
6 congestion price pricing plan. It's a
7 congestion mitigation commission.
8 Now, there are those I know who are
9 great believers in the words of people like
10 Doctoroff and who shudder every time they make
11 a pronouncement. I think we need to recognize
12 that a lot of what they say is exaggerated
13 arrogance that has time and time again been
14 proven to be wrong.
15 So I think it's important that we
16 support this. I think it's important that we
17 engage our communities in the process. I
18 think there are aspects of this bill that
19 safeguard the bulldozing of this process by
20 the mayor and Doctoroff.
21 I think our friends in the City
22 Council, our friends who are legislators in
23 the other body, share the same fears and
24 concerns that we have about a congestion plan
25 as it was put before us and are going to be a
Candyco Transcription Service, Inc.
(518) 371-8910
6094
1 part of a commission, not a plan, a commission
2 to create a plan that is going to be
3 responsive to the needs of our constituents.
4 And so I think it's very, very
5 important that we embrace this opportunity to
6 solve some of these emergency situations
7 created by the congestion that also have
8 severe environmental consequences for our
9 constituents.
10 Thank you.
11 ACTING PRESIDENT ROBACH: Senator
12 Adams, to explain his vote.
13 SENATOR ADAMS: I agree with my
14 colleague; we all want to do more to clean up
15 our environment.
16 And I would feel extremely
17 comfortable voting for this bill if we didn't
18 show a lack of financial prudence by allowing
19 the mayor to install cameras -- up to a
20 thousand cameras, possibly, millions of
21 dollars -- we're allowing him to install
22 cameras using taxpayers' money that can go
23 into the bus services and the MTA and or forms
24 of transportation.
25 He's able to install these cameras
Candyco Transcription Service, Inc.
(518) 371-8910
6095
1 that will serve no other purpose but if we
2 pass a congestion pricing plan. It doesn't
3 catch red-light speeders, it doesn't catch
4 criminals, it only will be used for congestion
5 pricing.
6 And as a person that came from a
7 law enforcement background, understanding how
8 these cameras are used, we are allowing him to
9 put cameras in place with taxpayers' money
10 prior to stating that the plan will go ahead.
11 That shows a lack of integrity to the process
12 when we permit this to happen, that the mayor
13 can install cameras throughout the city prior
14 to we saying that this is the plan we want to
15 go with.
16 And that is the sole reason I'm
17 voting no. I understand the commission. It's
18 an important commission. I support the
19 commission. It will give us an opportunity to
20 look at congestion, not congestion pricing.
21 Everything should be on the table to alleviate
22 traffic in the entire borough. Just as people
23 get caught on 7th Avenue in Manhattan, people
24 are caught on Long Island Expressway, they're
25 caught on the Gowanus Expressway, they're
Candyco Transcription Service, Inc.
(518) 371-8910
6096
1 caught on Staten Island.
2 Our whole city needs to find a way
3 how to ease congestion, not merely congestion
4 pricing. And the cameras is an indication
5 that we're set in approval, and that is to say
6 why I'm voting no.
7 ACTING PRESIDENT ROBACH: Senator
8 Padavan, to explain his vote.
9 SENATOR PADAVAN: Very briefly,
10 Mr. President.
11 In explaining my vote I'd like to
12 reiterate that there's absolutely nothing,
13 nothing in this bill that encourages,
14 authorizes, funds, does nothing in terms of
15 the installation of cameras in the City of
16 New York.
17 Cameras are used today already to
18 control traffic by virtue of highlighting
19 areas that have gridlock, adjusting light
20 timing and so on. But this bill provides
21 nothing in the way of what was already said
22 twice in terms of a pricing plan and cameras
23 to facilitate it.
24 Nothing in this bill that creates
25 this commission mandates that that should
Candyco Transcription Service, Inc.
(518) 371-8910
6097
1 occur, for the record.
2 I vote aye.
3 ACTING PRESIDENT ROBACH: Senator
4 Sabini, to explain his vote.
5 SENATOR SABINI: Thank you,
6 Mr. President.
7 The prior speaker is right.
8 There's nothing in this bill that goes ahead
9 with any cameras. The city is doing it
10 anyway, without us. They've already ordered
11 them through EDC, which doesn't require any
12 City Council approval or any approval by us
13 because it's not a mayoral agency. You can
14 ask them. They'll tell you.
15 Now, if I thought this commission
16 was actually going to come up with something
17 that was implementable, I think it would be a
18 great thing. I was the only New York
19 legislator at the conference that the money
20 that the federal government is providing for
21 traffic mitigation around the country was
22 announced at. I went down there in February
23 for the conference, representing some of us in
24 the Legislature.
25 And the problem here is that the
Candyco Transcription Service, Inc.
(518) 371-8910
6098
1 application for the federal money is in
2 already, and it has congestion pricing in it.
3 So this commission can discuss lots of things,
4 but at the end of the day you're going to be
5 told, as sure as I'm standing here, that if
6 the federal government is approving the
7 money -- and that's not for sure yet either --
8 that we have to do it in the framework of the
9 application. The application talks about
10 congestion pricing. And that may not be a bad
11 thing.
12 But I think what this commission is
13 is just sort of a fig leaf to get us to the
14 next step to hope that the federal government
15 doesn't reject the application to show that
16 we're still sort of interested. Because we
17 all heard about a deadline a couple of weeks
18 ago, and we didn't meet it. I guess the
19 deadline wasn't such a deadline. It wasn't a
20 drop-dead date. Otherwise, we wouldn't be
21 here.
22 So I'm convinced that this is just
23 a way to get to the final means of having a
24 congestion pricing plan -- which, again, may
25 not be such a bad thing. But I think we're
Candyco Transcription Service, Inc.
(518) 371-8910
6099
1 kidding ourselves if we believe anything else
2 will come of this. We can talk about it, we
3 can be Pollyannish about it. But if you
4 really think that we're going to come back and
5 the federal government's going to say, We're
6 going to give you $500 million if you pass the
7 congestion pricing plan that's in your
8 application, if you think that's not what the
9 commission is going to approve, I've got a
10 bridge that you'll pay $8 to go over to sell
11 you.
12 Because that bridge is free right
13 now. It was free the day Chester Arthur
14 walked across it, and it should continue to be
15 free for the residents of the City of
16 New York. Or should not be subsidized by
17 people from outside the city who currently
18 have their tolls deducted, under this plan,
19 from the congestion price.
20 That's one of my big problems with
21 this whole thing, is people who take limited
22 access highways into Manhattan from
23 New Jersey, from Long Island, from Westchester
24 will have their toll credited to this price,
25 and yet people in the inner neighborhoods of
Candyco Transcription Service, Inc.
(518) 371-8910
6100
1 the outer boroughs, like I represent, who have
2 taken the free bridges since the beginning of
3 time, will have to pay 100 percent of this fee
4 if it goes into effect.
5 So I'm a little suspicious that
6 what we're doing here today just keeps the
7 ball rolling for this concept. It's a concept
8 that may or may not be a bad one, but I think
9 it's a little disingenuous for us to be
10 continuing this discussion in this manner by
11 saying it's an open commission with lots of
12 ideas.
13 You know, I believe the deputy
14 mayor when he says if we get a commission
15 we're going to get commission pricing. I'll
16 take him at his word. That's why I'm voting
17 no.
18 Thank you.
19 ACTING PRESIDENT ROBACH: Senator
20 Diaz.
21 SENATOR DIAZ: Thank you,
22 Mr. President. I love you so much.
23 You know, I heard my colleague Bill
24 Perkins say that he smells a rat. But he
25 voted for it. When I smell a rat, you cannot
Candyco Transcription Service, Inc.
(518) 371-8910
6101
1 allow the rat to create more rats. You've got
2 to cut it, kill it before it procreates more
3 rats.
4 So I'm smelling a rat, and I'm
5 doing this because this rat that I'm smelling
6 is going to tax the middle class. It's going
7 to tax the residents in my district that want
8 to go to drive into Manhattan. And I oppose
9 taxing. The people have been taxed too much.
10 I oppose taxing.
11 And no matter what you say, this
12 commission -- because the federal government
13 money is based on congestion pricing. If
14 there is no congestion pricing, there is no
15 money. So no matter how you put it, there's
16 going to be congestion pricing and people are
17 going to be taxed.
18 And the people from the Bronx, the
19 people from my district are going to have to
20 pay. And we know, nobody's assured us that
21 the asthma rate in the Bronx will decrease.
22 Nobody assured me that the people from
23 Westchester County won't come to the Bronx,
24 park in the Bronx, leave their car there and
25 take the subway to Manhattan.
Candyco Transcription Service, Inc.
(518) 371-8910
6102
1 So because of that, because of that
2 big stinking smell of a rat, I'm voting no,
3 no, no, no.
4 Thank you.
5 ACTING PRESIDENT ROBACH: The
6 Secretary will read.
7 THE SECRETARY: In relation to
8 Calendar Number 2148, Senator Bruno moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 9362 and substitute it
11 for the identical Senate Bill Number 6432,
12 Third Reading Calendar 2148.
13 ACTING PRESIDENT ROBACH:
14 Assembly bill substitution ordered.
15 Announce the results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 2148 are
18 Senators Adams, Diaz, Dilan, Flanagan,
19 Fuschillo, Hannon, Huntley, C. Johnson, Klein,
20 LaValle, Maltese, Marcellino, Morahan, Parker,
21 Sabini, Savino, Skelos, Stavisky and
22 Stewart-Cousins.
23 Absent from voting: Senator C.
24 Kruger.
25 Ayes, 39. Nays, 19.
Candyco Transcription Service, Inc.
(518) 371-8910
6103
1 ACTING PRESIDENT ROBACH: The
2 bill is passed.
3 SENATOR SKELOS: Mr. President.
4 ACTING PRESIDENT ROBACH: Senator
5 Skelos.
6 SENATOR SKELOS: Mr. President,
7 is there any further business at the desk?
8 ACTING PRESIDENT ROBACH: There
9 is none.
10 SENATOR SKELOS: Mr. President,
11 Senator Bruno, in consultation with the
12 Minority Leader, hands up committee changes
13 and asks that they be filed in the Journal.
14 ACTING PRESIDENT ROBACH: So
15 ordered.
16 SENATOR SKELOS: Mr. President.
17 ACTING PRESIDENT ROBACH: Senator
18 Skelos.
19 SENATOR SKELOS: There being no
20 further business to come before the Senate, I
21 move we stand adjourned until the call of the
22 Majority Leader, intervening days being
23 legislative days.
24 ACTING PRESIDENT ROBACH: On
25 motion, the Senate stands adjourned until the
Candyco Transcription Service, Inc.
(518) 371-8910
6104
1 call of the Majority Leader, intervening days
2 being legislative days.
3 (Whereupon, at 4:17 p.m., the
4 Senate adjourned.)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910