Regular Session - March 3, 1997
1151
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9 ALBANY, NEW YORK
10 March 3, 1997
11 3:02 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
19 STEPHEN F. SLOAN, Secretary
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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. )