Monday, March 3, 1997

1151 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 3, 1997 11 3:02 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 1152 1 P R O C E E D I N G S. 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would everyone please rise and 5 join with me in the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 The invocation today will be 9 given by the Reverend Peter G. Young, from the 10 Blessed Sacrament Church in Bolton Landing. 11 Reverend Young. 12 REVEREND PETER G. YOUNG: Thank 13 you, Governor. 14 Let us pray. May all the 15 Senators pray for the hungry, the homeless, 16 those who are denied dignity and those who have 17 no hope that this legislative body will improve 18 the conditions and that our compassionate 19 efforts will remove the causes of their 20 suffering. We ask You this now and forever 21 more. Amen. 22 Thank you, Governor. 23 THE PRESIDENT: Thank you. 24 The reading of the Journal, 25 please. 1153 1 THE SECRETARY: In Senate, 2 Sunday, March 2nd. The Senate met pursuant to 3 adjournment. The Journal of Saturday, March 4 1st, was read and approved. On motion, Senate 5 adjourned. 6 THE PRESIDENT: Without 7 objection, the Journal stands approved as read. 8 Presentation of petitions. 9 Messages from the Assembly. 10 Messages from the Governor. 11 Reports of standing committees. 12 The Secretary will read. 13 THE SECRETARY: Senator Hannon, 14 from the Committee on Health, offers up the 15 following bills: 16 Senate Print 11-A, by Senator 17 LaValle, an act to amend the Insurance Law and 18 the Public Health Law; 19 1125, by Senator Libous, an act 20 to amend the Public Health Law, in relation to 21 requiring consent for visual observation; 22 1499, by Senator Hannon, an act 23 to amend the Public Health Law; 24 1943, by Senator Seward, an act 25 to amend the Public Health Law. 1154 1 Senator Velella, from the 2 Committee on Insurance, offers up the following 3 bills: 4 Senate Print 18, by Senator 5 Velella, an act to amend the Insurance Law, in 6 relation to binding authority; 7 95, by Senator Velella, an act to 8 amend the Insurance Law, in relation to 9 requiring disclosures; 10 761-A, by Senator LaValle, an act 11 to amend the Insurance Law, in relation to 12 establishing mandatory coverage; 13 1418-A, by Senator Cook, an act 14 to amend the Insurance Law, in relation to motor 15 vehicle liability insurance rates. 16 All bills directly for third 17 reading. 18 THE PRESIDENT: All bills direct 19 to third reading. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. Senator 24 Bruno. Sorry. Senator Seward. 25 SENATOR SEWARD: Yes. On page 1155 1 15, I offer the following amendments to Calendar 2 Number 146, Senate Print Number 1548, and ask 3 that the said bill retain its place on the Third 4 Reading Calendar. 5 ACTING PRESIDENT KUHL: 6 Amendments are received and adopted. The bill 7 will retain its place on the Third Reading 8 Calendar. 9 Senator Seward. 10 SENATOR SEWARD: Mr. President, I 11 have two more. 12 On behalf of Senator Levy, on 13 page 4, I offer the following amendments to 14 Calendar Number 53, Senate Print Number 599, and 15 ask that that bill retain its place on the Third 16 Reading Calendar. 17 ACTING PRESIDENT KUHL: 18 Amendments to Calendar Number 53 received and 19 adopted. The bill will retain its place on the 20 Third Reading Calendar. 21 Senator Seward. 22 SENATOR SEWARD: On behalf of 23 Senator Velella, on page 9, I offer the 24 following amendments to Calendar Number 182, 25 Senate Print Number 2076, and ask that the said 1156 1 bill retain its place on the Third Reading 2 Calendar. 3 ACTING PRESIDENT KUHL: 4 Amendments to Third Reading Calendar 182 5 received and adopted. Bill will retain its 6 place on the Third Reading Calendar. 7 Any other motions and 8 resolutions? 9 The Chair recognizes Senator 10 Bruno. 11 SENATOR BRUNO: Mr. President, I 12 believe the Chair would ask for an immediate 13 meeting of the Investigations Committee in Room 14 332. 15 ACTING PRESIDENT KUHL: There 16 will be an immediate meeting of the Senate 17 Investigations Committee, immediate meeting of 18 the Senate Investigations Committee in the 19 Majority Conference Room, Room 332. 20 Senator Bruno. 21 SENATOR BRUNO: Mr. President, I 22 believe there is a privileged resolution at the 23 desk. I would ask that the title be read and - 24 by Senator Hannon, and move for its immediate 25 adoption. 1157 1 ACTING PRESIDENT KUHL: Secretary 2 will read the title of the privileged resolution 3 by Senator Hannon. 4 THE SECRETARY: By Senator 5 Hannon, Legislative Resolution memorializing 6 Governor George E. Pataki to proclaim Saturday, 7 March 15, 1997, as Scouting for Food Day in 8 Nassau County. 9 ACTING PRESIDENT KUHL: Question 10 is on the resolution. All those in favor 11 signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The resolution is adopted. 16 Senator Bruno. 17 SENATOR BRUNO: Mr. President, I 18 believe there's another privileged resolution by 19 Senator Saland. I would ask that the title be 20 read and move for its immediate adoption. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the title to the privileged resolution 23 by Senator Saland. 24 THE SECRETARY: By Senator 25 Saland, Legislative Resolution, honoring Louis 1158 1 J. Dettner upon the occasion of his recipient of 2 the J. Daniel Mahoney Award. 3 ACTING PRESIDENT KUHL: Question 4 is on the resolution. All those in favor 5 signify by saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The resolution is adopted. 10 Senator Skelos, that brings us to 11 the calendar. 12 SENATOR SKELOS: Mr. President, 13 could you take up the non-controversial reading 14 of the calendar. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the non-controversial calendar. 17 THE SECRETARY: Calendar Number 18 1, by Senator Levy, Senate Print Number 68, an 19 act to amend the Executive Law and the Estates, 20 Powers and Trusts Law, in relation to exempting 21 Parent-Teacher Associations. 22 SENATOR PATERSON: Lay it aside, 23 please. 24 ACTING PRESIDENT KUHL: Lay the 25 bill aside. 1159 1 THE SECRETARY: Calendar Number 2 51, by Senator Stafford, Senate Print Number 3 126, an act to amend the Highway Law, in 4 relation to prohibiting abandonment of Crane 5 Pond Road. 6 SENATOR PATERSON: Lay aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 161, by Senator Stafford, Senate Print 389, an 11 act to amend the Environmental Conservation Law, 12 in relation to non-hazardous municipal 13 landfill. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 52. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 174, by Senator Maltese, Senate Print Number 1160 1 1219, an act to amend the Election Law, in 2 relation to party recommendations. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 52. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 175, by Senator Maltese, Senate Print 1354, an 15 act to amend the Election Law, in relation to 16 making certain technical corrections. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 8. This 20 act shall take effect on the 1st day of 21 December. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll. ) 25 THE SECRETARY: Ayes 52. 1161 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 196, by Senator LaValle, Senate Print Number 5 1299, an act to amend the Town Law, in relation 6 to land within the Hampton Bays. 7 SENATOR PATERSON: Lay aside. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 197, by Senator Cook, Senate Print Number 1419, 12 an act to amend the Real Property Tax Law, in 13 relation to statements of taxes. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 54. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 198, by Senator Rath, Senate Print Number 1662, 1162 1 an act to amend the General Municipal Law, 2 Chapter 708 of the Laws of 1992. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 7. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 55. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 199, by Senator Larkin, Senate Print 1724, an 15 act to amend the County Law, in relation to 16 authorizing county sewer districts. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 200, by Senator Leibell, Senate Print 1767, an 21 act to amend the Real Property Tax Law, in 22 relation to allowing municipalities. 23 ACTING PRESIDENT KUHL: Secretary 24 will read the last section. 25 THE SECRETARY: Section 2. This 1163 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 210, by Senator Marcellino, Senate Print 1134, 10 an act to amend the Criminal Procedure Law, in 11 relation to anonymous juries. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 55. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 221, by Senator DeFrancisco, Senate Print 1539, 24 an act to amend the Criminal Procedure Law, in 25 relation to the time limitations for speedy 1164 1 trial. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 55. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Skelos, that completes 13 the reading of the non-controversial calendar. 14 SENATOR SKELOS: Any committee 15 reports? Could we return to reports of standing 16 committees? I believe there's a report of the 17 Investigations Committee at the desk. I ask 18 that it be read. 19 ACTING PRESIDENT KUHL: We'll 20 return to the order of reports of standing 21 committees. There is a report of the 22 Investigations Committee at the desk. I'll ask 23 the Secretary to read. 24 THE SECRETARY: Senator Goodman, 25 from the Committee on Taxation, Investigations 1165 1 and Government Operations, offers up the 2 following bill: 3 Senate Print 2959, by Senator 4 Padavan, an act to amend the Tax Law and the 5 Administrative Code of the city of New York. 6 SENATOR SKELOS: Mr. President, 7 move to accept the report. 8 ACTING PRESIDENT KUHL: Motion is 9 to accept the report of the Investigations 10 Committee. All those in favor signify by saying 11 aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The bill is ordered directly to 16 third reading. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President if 19 we could take up the controversial calendar. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the controversial calendar beginning 22 with Senate Calendar Number 1, by Senator Levy, 23 Senate Print S. 68. 24 THE SECRETARY: Calendar Number 25 1, by Senator Levy, Senate Print 68, an act to 1166 1 amend the Executive Law and the Estates, Powers 2 and Trusts Law, in relation to exempting parent 3 teachers associations. 4 SENATOR GOLD: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Gold. 7 SENATOR GOLD: Yeah. Senator 8 Levy here? 9 SENATOR SKELOS: Lay it aside 10 temporarily. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside temporarily. 13 Secretary will continue to read 14 the controversial calendar. 15 THE SECRETARY: Calendar Number 16 51, by Senator Stafford, Senate Print Number 17 126, an act to amend the Highway Law, in 18 relation to prohibiting the abandonment of Crane 19 Pond Road. 20 ACTING PRESIDENT KUHL: Is there 21 any Senator wishing to speak on the bill? 22 Hearing none, Secretary will read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 1167 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 SENATOR GOLD: Give me a second. 5 Hold on a second. 6 ACTING PRESIDENT KUHL: Senator 7 Gold, we're on a roll call on Calendar Number 8 51. 9 Senator Stafford. Calendar 10 Number 51, we're on a roll call. Will those 11 members wishing to vote in the negative please 12 raise their hands and keep them up, please. It 13 would be preferable to vote from your chair. 14 Chair recognizes Senator 15 Oppenheimer, to explain her vote. 16 SENATOR OPPENHEIMER: Thank you, 17 Mr. President. 18 I'm sorry that some people 19 perhaps weren't here on Wednesday when we had 20 very extensive discussion on -- on this issue. 21 As we know, there is a process that is 22 designated in the state land management plan 23 which would permit the Crane Road to be utilized 24 by -- by vehicular traffic, but that process has 25 been tried by the Schroon Lake mothers and 1168 1 fathers, and it has not worked. 2 As you know, this is something 3 that is held there almost to be sacred that we 4 have certain lands that are protected and that 5 are not permitted by anything but pedestrian 6 traffic, and there is a process in place by 7 which this could legally be changed and it 8 simply has not worked for Schroon Lake so now, 9 in my opinion, they are trying to go around the 10 laws that we have and try another method which 11 is legislative. They have also tried the courts 12 where this was also rejected. 13 So, in my opinion, I believe that 14 we all have to vote against this in order to 15 uphold our law and to say that we validate the 16 plan that is in place for our Adirondack Park. 17 ACTING PRESIDENT KUHL: Senator 18 Oppenheimer will be recorded in the negative. 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 51 are Senator 22 Connor, Dollinger, Gentile, Gold, Kruger, Lach 23 man, Leibell, Marcellino, Markowitz, Montgomery, 24 Nanula, Onorato, Oppenheimer, Paterson, Sampson, 25 Santiago, Stachowski, Smith, Stavisky. Also 1169 1 Senator Rosado. 2 SENATOR STAFFORD: Announce the 3 results. 4 THE SECRETARY: Ayes 35, nays 5 20. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Secretary will continue to read 9 the controversial calendar. 10 THE SECRETARY: Calendar Number 11 196, by Senator LaValle, Senate Print Number 12 1299, an act to amend the Town Law, in relation 13 to towns within the Hampton Bays. 14 SENATOR STACHOWSKI: 15 Explanation. 16 SENATOR SKELOS: Lay it aside for 17 the day. 18 ACTING PRESIDENT KUHL: Lay 19 Calendar Number 196 aside for the day. 20 Secretary will continue to read 21 the controversial calendar. 22 Senator Gold, why do you rise? 23 SENATOR GOLD: Would you 24 recognize Senator Abate, please. 25 ACTING PRESIDENT KUHL: I'm 1170 1 sorry? 2 SENATOR GOLD: Would you 3 recognize Senator Abate. 4 ACTING PRESIDENT KUHL: Senator 5 Abate, why do you rise? 6 SENATOR ABATE: Calendar Number 7 51, I vote no, in the negative. 8 ACTING PRESIDENT KUHL: Without 9 objection, hearing no objection, Senator Abate 10 will be recorded in the negative on Calendar 11 Number 51. 12 SENATOR ABATE: Thank you. 13 ACTING PRESIDENT KUHL: Secretary 14 will continue to read. 15 THE SECRETARY: Calendar Number 16 199, by Senator Larkin, Senate Print 1724, an 17 act to amend the County Law, in relation to 18 authorizing sewer districts in the county of 19 Orange. 20 SENATOR STACHOWSKI: 21 Explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Larkin, an explanation of Calendar Number 199 24 has been requested. 25 SENATOR LARKIN: Mr. President, 1171 1 this bill would allow Orange County to enter 2 into an agreement with a private organization in 3 relation to the operation and maintenance of a 4 county sewer district. 5 The Orange County Legislature 6 passed a resolution requesting this legislation 7 to authorize the county to privatize their 8 Harriman leased water treatment and transmission 9 facilities. The resolution was passed after a 10 public hearing where community notices were 11 provided and comment was sought. Similar 12 legislation of this magnitude was done in 13 Suffolk County in 1988, and the Orange County 14 Sewer District Number 1 has reached its 15 capacity. The towns and villages have not 16 expressed any interest -- this is what was said 17 at the last debate last year. The Orange County 18 Legislature passed the resolution, and all 19 affected municipalities were partners to the 20 hearing. One of them was that the current 21 facility fulfills the current needs of the 22 county. The current needs of the county are 23 served by the existing system. However, there 24 is no opportunity with the existing facility for 25 any growth so that all of the facilities -- all 1172 1 of the municipalities cannot engage in any 2 economic development. 3 ACTING PRESIDENT KUHL: Senator 4 Stachowski. 5 SENATOR STACHOWSKI: Mr. 6 President, would the Senator yield to a couple 7 questions? 8 ACTING PRESIDENT KUHL: Senator 9 Larkin, do you yield to a couple questions? 10 SENATOR LARKIN: Yes, Mr. 11 President. 12 ACTING PRESIDENT KUHL: Senator 13 yields. 14 SENATOR STACHOWSKI: You refer to 15 the fact, and I know I have the memo in front of 16 me, where you said the towns and villages didn't 17 request privatization of this but did they have 18 any comment other than no comment? 19 SENATOR LARKIN: They were 20 invited to the public hearing and there was no 21 dissension or comments submitted. 22 SENATOR STACHOWSKI: Mr. 23 President, if I could ask another question. 24 ACTING PRESIDENT KUHL: Senator 25 Larkin, do you continue to yield? 1173 1 SENATOR LARKIN: Yes, Mr. 2 President. 3 ACTING PRESIDENT KUHL: Senator 4 continues to yield. 5 SENATOR STACHOWSKI: This new 6 facility that would also be privatized would 7 also be paid for by the taxpayers? 8 SENATOR LARKIN: No, it wouldn't. 9 Any remodeling or extension of the facility 10 would be paid for by the private entrepreneur. 11 SENATOR STACHOWSKI: But the 12 private entrepreneur -- Mr. President, continue 13 to yield -- the private entrepreneur would take 14 over the facility that was paid for by the 15 taxpayers, is that correct? 16 SENATOR LARKIN: Yes. 17 SENATOR STACHOWSKI: Thank you. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the bill? 20 Hearing none, Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1174 1 (The Secretary called the roll. ) 2 ACTING PRESIDENT KUHL: Announce 3 the results when tabulated. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 199, Senators 6 Abate, Breslin, Connor, Gentile, Gold, Kruger, 7 Lachman, Mendez, Nanula, Sampson, Smith, 8 Stachowski, Stavisky and Waldon. Also Senator 9 Dollinger. Ayes 43, nays 15. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Skelos, that completes on 13 the regular order the reading of the 14 controversial calendar. Did you wish to return 15 to Calendar Number 1? 16 SENATOR SKELOS: Yes. 17 ACTING PRESIDENT KUHL: Secretary 18 will read Calendar Number 1. 19 THE SECRETARY: Calendar Number 20 1, by Senator Levy, Senate Print 68, an act to 21 amend the Executive Law and the Estates, Powers 22 and Trusts Law, in relation to exempting parent 23 teacher associations. 24 SENATOR GOLD: Explanation. 25 SENATOR LEVY: Yes, Senator 1175 1 Gold. As you know, there are numerous 2 not-for-profit groups that are exempt from 3 charitable reporting and regulation in this 4 state, including fraternal, patriotic, veter 5 ans, volunteer firemen and women, volunteer 6 ambulance and numerous, numerous other groups 7 that are exempt from the regulation of the 8 Attorney General, and this bill before us seeks 9 to add P-TA to that list of exempt 10 organizations. 11 Now, would you like to speak to 12 that -- your amendment or have me respond to it 13 before? 14 SENATOR GOLD: Thank you very 15 much, Senator. 16 ACTING PRESIDENT KUHL: Senator 17 Gold. 18 SENATOR GOLD: Mr. President, I 19 have an amendment at the desk. I offer it, 20 waive its reading and ask an opportunity to 21 explain it. 22 Senator - 23 ACTING PRESIDENT KUHL: Senator 24 Gold, the amendment is at the desk. Your offer 25 to waive the reading of it and explain it is 1176 1 accepted by the Chair. So the floor is yours 2 for the explanation of the amendment. 3 SENATOR GOLD: Thank you, and I 4 appreciate, Senator Levy, your cooperation and 5 as I said to you, Senator, this is not in a form 6 that affects your bill. It is germane, but it 7 is for a larger issue, and I -- to put it in 8 perspective, I'll ask you, Senator Levy, and 9 I'll ask everybody whether they've had the 10 opportunity to see a movie called MY BLUE 11 HEAVEN, Steve Martin, and what I'm talking about 12 happens exactly in the end of that movie and 13 it's very funny except for the fact that it's 14 happening all over America today, and that is 15 that people solicit money under exemptions such 16 as you're creating in this bill, Senator, and no 17 one knows they're collecting this money. Nobody 18 knows who they are and nobody knows whether or 19 not the money goes to where it's supposed to 20 go. 21 Now, we made what I think is a 22 mistake in this state and created a threshold of 23 $25,000 and said, If you're only going to 24 collect up to $25,000, you don't have to do any 25 reporting and, of course, if you're not 1177 1 reporting, who knows when you get to that point, 2 or you don't get to that point. 3 There's an AP story, which I have 4 here, dated last August and there was a 5 situation where, as a result of TWA Flight 800, 6 people started soliciting money for the families 7 of the victims of TWA Flight 800. When they 8 looked into it, they found out that this 9 particular group didn't know who the victims 10 were, who the families were, nobody knew who 11 they were, except they were out on the street 12 collecting money. 13 Now, in the movie MY BLUE HEAVEN 14 that's what they did. They took these big water 15 jugs and they put them in the stores throughout 16 the community, and they had a big thing on it, 17 Let's Build Something for the Little League, and 18 people went in and they threw in money and, if 19 you remember the scene, these things were filled 20 (Senator Gold holds up a plastic water jug), 21 they were heavy, they were put in the car by 22 Steve Martin and the car sank, they were so 23 heavy and, of course, the cops fined him, and I 24 guess the money went to the right place. 25 Well, we have something in this 1178 1 country where there was a bombing in Oklahoma. 2 You remember that, and I took somebody from my 3 staff and we put this lady out in the street and 4 in a matter of a couple hours, we were $119 5 richer. 6 SENATOR SKELOS: Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Skelos, why do you rise? 9 SENATOR SKELOS: If I could 10 interrupt for just a moment. I'm not going to 11 make a big issue here, but I believe there is an 12 unwritten understanding within this house under 13 the area of decorum, that we really don't use 14 props and that type of thing when conducting 15 debate in the Senate. 16 SENATOR GOLD: Well, Mr. 17 President, this isn't a prop. This is the real 18 thing. This was $119 that somebody from my 19 office collected out in the street here saying 20 that it was going to go some place. Now, when 21 it was all over -- and, by the way, we gave the 22 money to the Red Cross. Don't worry about it. 23 We gave more than we collected, but the point is 24 that people collect money, and we have good 25 people in this state who see somebody and who 1179 1 give the money and then nobody knows what, if 2 anything, ever happens to that money, and while 3 the P-TAs mean well, and all these groups mean 4 well, that are asking for exemptions, the fact 5 is that the police, the localities, the Attorney 6 General who -- by the way, this story from the 7 AP involves Dennis Vacco trying to do the right 8 thing here, to see that the money went to the 9 right place. 10 My amendment is a very simple 11 amendment, and all it says is that if you want 12 to collect money in this state, you file a 13 one-page piece of paper with the Attorney 14 General that just says who you are and that 15 you're collecting the money. It doesn't say 16 that you can't collect the money. It doesn't 17 fingerprint you. It doesn't tell you, you've 18 got to put up your children as security, but it 19 tells us that there are people out there 20 collecting money and it seems to me that, in 21 exchange for not asking people to go through a 22 formal registration and go through all of the 23 accounting mechanisms, it is not so outrageous 24 that we know who it is, who is -- who are in the 25 hall, who are on the sidewalks, who are 1180 1 collecting money for people they say they're 2 collecting for, so that we can have some 3 enforcement, and that's all this amendment 4 does. 5 It doesn't take away the powers 6 of the P-TA, if this passes, Senator Levy, to 7 get the exemption. It doesn't take away 8 anybody's exemption. It just says if you're 9 going to collect money in our streets and from 10 our citizens that you file a simple paper 11 telling us who you are. 12 ACTING PRESIDENT KUHL: Is there 13 any other Senator wishing to speak on the 14 amendment? Question is on the amendment. All 15 those in favor -- I remind you a vote in the 16 affirmative is a vote for the amendment. A vote 17 in the negative is a vote against the 18 amendment. 19 All those in favor of the 20 amendment signify by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (Response of "Nay.") 24 The nays have it in a close 25 vote. The amendment is defeated. 1181 1 We're in debate on the main bill, 2 Senate 1. Any other Senator wishing to speak on 3 the bill? Hearing none, the Secretary will read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 60. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Senator Dollinger, why do you 14 rise? 15 SENATOR DOLLINGER: Mr. 16 President, as a matter of housekeeping, there 17 were two votes that were taken on Wednesday of 18 last week when I was not present in the chamber, 19 and I'd simply like the record to reflect that 20 with respect to Calendar Number 226, Senate 21 Print 2592, had I been present in the chamber, I 22 would have voted in the negative, and with 23 respect to Senate 912, Calendar Number 173, I 24 was also not present in the chamber when that 25 vote was taken on the controversial calendar. 1182 1 Had I been present in the chamber, I would have 2 likewise voted in the negative. 3 ACTING PRESIDENT KUHL: The 4 record will so reflect. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 would you put a sponsor's star on Calendar 8 Number 134. 9 ACTING PRESIDENT KUHL: Calendar 10 Number 134 is starred at the request of the 11 sponsor. 12 SENATOR SKELOS: Is there any 13 housekeeping at the desk? 14 ACTING PRESIDENT KUHL: That 15 takes care of it, Senator Skelos. 16 SENATOR SKELOS: There being no 17 further business, I move we adjourn until 18 tomorrow, Tuesday, March 4th at 3:00 p.m. 19 sharp. 20 ACTING PRESIDENT KUHL: Without 21 objection, hearing no objection, the Senate 22 stands adjourned until tomorrow, Tuesday, March 23 4th, 3:00 p.m. 24 (Whereupon at 3:34 p.m., the 25 Senate adjourned. )