Regular Session - January 10, 2006

                                                            112



         1

         2

         3                THE STENOGRAPHIC RECORD

         4

         5

         6

         7

         8                   ALBANY, NEW YORK

         9                   January 10, 2006

        10                      11:08 a.m.

        11

        12

        13                    REGULAR SESSION

        14

        15

        16

        17  LT. GOVERNOR MARY O. DONOHUE, President

        18  STEVEN M. BOGGESS, Secretary

        19

        20

        21

        22

        23

        24

        25


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        113



         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

        10       clergy, may we bow our heads in a moment of

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Monday, January 9, the Senate met pursuant to

        18       adjournment.  The Journal of Friday,

        19       January 6, was read and approved.  On motion,

        20       Senate adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        114



         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Fuschillo.

         8                  SENATOR FUSCHILLO:    Madam

         9       President, may we please adopt the Resolution

        10       Calendar, with the exception of Resolution

        11       3079.

        12                  THE PRESIDENT:    All in favor of

        13       adopting the Resolution Calendar, with the

        14       exception of Resolution 3079, please signify

        15       by saying aye.

        16                  (Response of "Aye.")

        17                  THE PRESIDENT:    Opposed, nay.

        18                  (No response.)

        19                  THE PRESIDENT:    The Resolution

        20       Calendar is adopted.

        21                  Senator Fuschillo.

        22                  SENATOR FUSCHILLO:    Madam

        23       President, may we please have the title read

        24       on Senator Johnson's resolution, 3079, and

        25       move for its immediate adoption.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        115



         1                  THE PRESIDENT:    The Secretary

         2       will read.

         3                  THE SECRETARY:    By Senator

         4       Johnson, Legislative Resolution Number 3079,

         5       congratulating Mr. and Mrs. Roy M. Goodman

         6       upon the occasion of their 50th wedding

         7       anniversary.

         8                  THE PRESIDENT:    All in favor of

         9       the resolution please signify by saying aye.

        10                  (Response of "Aye.")

        11                  THE PRESIDENT:    Opposed, nay.

        12                  (No response.)

        13                  THE PRESIDENT:    The resolution is

        14       adopted.

        15                  Senator Fuschillo.

        16                  SENATOR FUSCHILLO:    Madam

        17       President, Senator Johnson would like to open

        18       up this resolution for cosponsorship.  If

        19       anyone does not wish to be a cosponsor they

        20       should notify the desk, please.

        21                  THE PRESIDENT:    Thank you,

        22       Senators.

        23                  Any member who does not wish to

        24       cosponsor the last resolution, please notify

        25       the desk.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        116



         1                  Senator Johnson.

         2                  SENATOR JOHNSON:    Yes, Madam

         3       President.

         4                  Many of us knew Roy Goodman.  He

         5       served here from 1969 till 2002, over 32

         6       years.  He was without a doubt the most

         7       erudite member of this body.  Some people

         8       said, "What did he say?" because he had a

         9       different vocabulary than many of us.

        10                  That's one of the problems of a

        11       very excellent education -- hard to relate to

        12       the people.

        13                  But Roy was a wonderful person, a

        14       good friend, and he was here for 32 years,

        15       married to the same lady, raised a beautiful

        16       family.  And I think everyone really held Roy

        17       in the highest regard.

        18                  In fact, we do recall that he had

        19       the best jokes of all.  Of course, he never

        20       recycled them, but they were always good.  And

        21       we always had a good time with Roy.

        22                  And he's not too well right now,

        23       but he's still perambulating, in a way, and

        24       his wife is still with him.  And we just want

        25       to say to him happy 50th anniversary, Roy and


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        117



         1       Barbara, because you certainly deserve the

         2       thanks of this body for all the service you've

         3       given to the state over the years.

         4                  Thank you very much.  And thank you

         5       for -- anyone like to sign on, I think it

         6       would be nice, he'd happy to know that most of

         7       us were in accord with that.  Even the young

         8       lady on the other side.

         9                  THE PRESIDENT:    Senator Krueger.

        10                  SENATOR LIZ KRUEGER:    Thank you.

        11       On the resolution, Madam President.

        12                  I'm also very pleased to rise and

        13       thank Senator Johnson for carrying this

        14       resolution.

        15                  I had the opportunity just a few

        16       weeks ago to be with Senator Goodman and his

        17       wife at the naming of a public library at a

        18       school in our district.  And while he of

        19       course is getting older, it was delightful to

        20       see him and his wife.  They are both still

        21       very involved in our community, very active in

        22       the causes that he always fought for when he

        23       was here in the State Senate.

        24                  And his commitment to the community

        25       continues, which is why he and his wife had in


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        118



         1       fact contributed to the Hunter school library,

         2       so that they could vastly improve the library

         3       they had for the children at Hunter High

         4       School.  And it was wonderful to see him and

         5       his wife there.

         6                  So I join with my colleagues in

         7       wishing them all the best.

         8                  Thank you, Madam President.

         9                  THE PRESIDENT:    Senator

        10       Fuschillo.

        11                  SENATOR FUSCHILLO:    Madam

        12       President, may we return to reports of

        13       standing committees.

        14                  I believe there's a report at the

        15       desk.

        16                  THE PRESIDENT:    The Secretary

        17       will read.

        18                  THE SECRETARY:    Senator Morahan,

        19       from the Committee on Mental Health and

        20       Developmental Disabilities, reports the

        21       following bill direct to third reading:

        22                  Senate Print 6325, by Senator

        23       Volker, an act to amend the Mental Hygiene Law

        24       and others.

        25                  THE PRESIDENT:    So ordered.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        119



         1                  Senator Fuschillo.

         2                  SENATOR FUSCHILLO:    Madam

         3       President, there's a resolution at the desk by

         4       Senator Golden, 3131.

         5                  THE PRESIDENT:    The Secretary

         6       will read.

         7                  THE SECRETARY:    By Senator

         8       Golden, Legislative Resolution Number 3131,

         9       commemorating the life and achievements of

        10       Simon Wiesenthal.

        11                  THE PRESIDENT:    Senator Golden.

        12                  SENATOR GOLDEN:    Thank you, Madam

        13       President.

        14                  This is the second time we've come

        15       before the Senate for a proclamation for the

        16       death of Simon Wiesenthal, a survivor of the

        17       Nazi death camps who dedicated his life to

        18       documenting the crimes of the Holocaust and to

        19       hunting down the perpetrators still at large.

        20                  At the end of World War II, Simon

        21       Wiesenthal began gathering and preparing

        22       evidence on Nazi atrocities for the War Crimes

        23       Section of the United States Army.  After the

        24       war, he also worked for the Army's Office of

        25       Strategic Services and Counterintelligence


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        120



         1       Corps and headed the Jewish Central Committee

         2       of the United States Zone of Austria, a relief

         3       and welfare organization.

         4                  As founder and head of the Jewish

         5       Documentation Center in Vienna, the freelance

         6       Nazi hunter, usually with the cooperation of

         7       the Israeli, Austrian, and former West German

         8       and other governments, ferreted out nearly

         9       1100 Nazi war criminals.

        10                  And in November of 1977, the Simon

        11       Wiesenthal Center was founded.  Today,

        12       together with its world-renowned Museum of

        13       Tolerance in Los Angeles and the New York

        14       Tolerance Center, it's an international center

        15       for Holocaust remembrance, the defense of

        16       human rights and the Jewish people.  With

        17       offices throughout the world, the Wiesenthal

        18       Center carries on a continuing fight against

        19       bigotry and anti-Semitism and pursues an

        20       active agenda of related contemporary issues.

        21                  On September 20, 2005, Simon

        22       Wiesenthal died peacefully in his sleep at his

        23       home.  But his legacy lives on.

        24       Mr. Wiesenthal said:  "When history looks

        25       back, I want people to know the Nazis weren't


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        121



         1       able to kill millions of people and get away

         2       with it.  I have received many honors in my

         3       lifetime.  When I die, these honors will die

         4       with me.  But the Simon Wiesenthal Center will

         5       live on as my legacy."

         6                  Thank you.  And I ask that it be

         7       opened to all members of the Senate body.

         8       Thank you.

         9                  THE PRESIDENT:    All in favor of

        10       the resolution please signify by saying aye.

        11                  (Response of "Aye.")

        12                  THE PRESIDENT:    Opposed, nay.

        13                  (No response.)

        14                  THE PRESIDENT:    The resolution is

        15       adopted.

        16                  And hearing no objection, I would

        17       ask that any member who does not wish to

        18       cosponsor this resolution, please notify the

        19       desk.

        20                  Senator Fuschillo.

        21                  SENATOR FUSCHILLO:    Madam

        22       President, is there any other business at the

        23       desk?

        24                  THE PRESIDENT:    No, there is not,

        25       Senator.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        122



         1                  SENATOR FUSCHILLO:    There being

         2       no further business, I move we adjourn until

         3       Tuesday, January 17th, at 3:00 p.m.,

         4       intervening days being legislative days.

         5                  THE PRESIDENT:    On motion, the

         6       Senate now stands adjourned until Tuesday,

         7       January 17th, 3:00 p.m., intervening days

         8       being legislative days.

         9                  (Whereupon, at 11:23 a.m., the

        10       Senate adjourned.)

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25


                      Candyco Transcription Service, Inc.
                                (518) 371-8910