Tuesday, January 10, 2006

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

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(518) 371-8910 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.

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(518) 371-8910 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.

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910