Thursday, July 26, 2007

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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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,

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(518) 371-8910 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.

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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,

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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?

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910