Regular Session - April 24, 1996
3885
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8 ALBANY, NEW YORK
9 April 24, 1996
10 10:00 a.m.
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12
13 REGULAR SESSION
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15
16
17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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3886
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 find their places, Senator Paterson also.
5 SENATOR PATERSON: Mr.
6 President -
7 ACTING PRESIDENT KUHL: Ask
8 everybody in the chamber to rise and join with
9 me in saying the Pledge of Allegiance to the
10 Flag.
11 (The assemblage repeated the
12 Pledge of Allegiance to the Flag.)
13 In the absence of clergy, may we
14 bow our heads in a moment of silence.
15 (A moment of silence was
16 observed.)
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 there will be an immediate conference of the
20 Majority in the Majority Conference Room.
21 ACTING PRESIDENT KUHL: There
22 will be an immediate meeting of the Majority
23 Conference in the Majority Conference Room, Room
3887
1 332.
2 SENATOR SKELOS: And, Mr.
3 President, Senator Bruno informs me that we will
4 be back in session at 10:30 a.m.
5 ACTING PRESIDENT KUHL: The
6 Senate stands at ease until 10:30, 10:30 a.m.
7 Immediate meeting of the Majority
8 Conference in the Majority Conference Room, Room
9 332, and the Senate stands at ease.
10 (Whereupon, the Senate stood at
11 ease from 10:03 a.m. until 11:00 a.m.)
12 The Senate will come to order.
13 Ask the members to find their places, the staff
14 their places.
15 Reading of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, April 23rd. The Senate met pursuant to
18 adjournment. The Journal of Monday, April 22nd,
19 was read and approved. On motion, the Senate
20 adjourned.
21 ACTING PRESIDENT KUHL: Hearing
22 no objection, the Journal stands approved as
23 read.
3888
1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 there will be an immediate meeting of the Higher
4 Ed' Committee in Room 124 of the Capitol.
5 ACTING PRESIDENT KUHL: There
6 will be an immediate meeting of the Higher
7 Education Committee in Room 124 of the Capitol.
8 Immediate meeting of the Higher Education
9 Committee in Room 124 of the Capitol.
10 Presentation of petitions.
11 Messages from the Assembly.
12 Messages from the Governor.
13 Reports of standing committees.
14 Reports of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 The Chair recognizes Senator
19 Holland.
20 SENATOR HOLLAND: Mr. President,
21 for Senator Trunzo, on page 46, I offer the
22 following amendments to Calendar Number 130,
23 Senate Print Number 3314, and ask that the said
3889
1 bill retain its place on the Third Reading
2 Calendar.
3 ACTING PRESIDENT KUHL: The
4 amendments to Calendar Number 130 are received
5 and adopted. The bill will retain its place on
6 the Third Reading Calendar.
7 Senator Skelos, we have a couple
8 of substitutions to read, if you would like to
9 do those at this time.
10 SENATOR BRUNO: Could we please
11 make the substitutions.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read.
14 THE SECRETARY: On page 5,
15 Senator Cook moves to discharge from the
16 Committee on Education, Assembly Bill 6109-D and
17 substitute it for the identical Senate Bill
18 3038-A.
19 On page 9, Senator Goodman moves
20 to discharge from the Committee on
21 Investigations, Taxation and Government
22 Operations, Assembly Bill 7958 and substitute it
23 for the identical Senate Bill 3964.
3890
1 ACTING PRESIDENT KUHL: The
2 Senate will come to order, please. We have a
3 lot of special guests in the chamber. If they'd
4 find their places, please quiet it down.
5 Senator Bruno, I have been joined
6 by Chaplain Camp who has offered the services of
7 his knowledge and would welcome the opportunity
8 to deliver a prayer for us, if that's in order.
9 SENATOR BRUNO: Thank you, Mr.
10 President.
11 ACTING PRESIDENT KUHL: Chaplain
12 Camp.
13 REVEREND RICHARD CHAMP: Please
14 join me in prayer.
15 We stand tall in these moments to
16 applaud You, dear God. You're the creator and
17 the sustainer of the universe. In a world
18 uncertain about many things, we pause in this
19 hushed moment of prayer, sure of Your goodness
20 and of Your mercy. We ask You this morning to
21 strengthen those institutions and structures
22 that You have ordained to give order to society
23 and nations. Guide these decisions which impact
3891
1 the governing of New York State, particularly of
2 the men and women of this Senate. Give them
3 wisdom that they might chart a course in accord
4 with Your will.
5 We also ask You to help us guide
6 the colleges and universities of this state.
7 Especially we pray for the United States
8 Military Academy at West Point. May Your
9 product be a source of pride for New York and a
10 source of strength for our nation. In Your
11 strong name, we pray. Amen.
12 ACTING PRESIDENT KUHL: Senator
13 Bruno.
14 SENATOR BRUNO: Mr. President, I
15 believe that there is a privileged resolution at
16 the desk by Senator Larkin. I would request
17 that it be read in its entirety and that we move
18 its immediate adoption.
19 ACTING PRESIDENT KUHL: There is
20 a privileged resolution at the desk, Senator
21 Bruno. I'll ask the Secretary to read it in its
22 entirety.
23 THE SECRETARY: By Senator
3892
1 Larkin, Legislative Resolution memorializing
2 Governor George E. Pataki to declare April 24th,
3 1996 as "West Point Day" in New York State.
4 WHEREAS, this legislative body is
5 justly proud to celebrate the establishment of
6 the United States Military Academy at West Point
7 and to call upon Governor George E. Pataki to
8 declare April 24th, 1996 as "West Point Day" in
9 New York State;
10 By an act of Congress, on March
11 16th, 1802, the United States Military Academy
12 was established within the borders of New York
13 State on the banks of the Hudson River;
14 The Academy and its graduates are
15 an integral part of the proud history of this
16 state and nation;
17 The leadership and sacrifices of
18 the members of the Long Grey Line have helped
19 this country withstand countless threats to our
20 cherished Democratic way of life;
21 The alumni have excelled not only
22 on the battlefield but in many fields of
23 endeavor;
3893
1 The Academy continues to provide
2 our country with able and dedicated future
3 leaders;
4 Its scenic campus is a mecca each
5 year for thousands of visitors from across our
6 state, continent and other countries;
7 The United States Military
8 Academy is in the forefront of our state's
9 outstanding institutions of higher learning;
10 45 years ago, the late James T.
11 McNamara, then a member of the New York Assembly
12 and a member of the Academy's class of 1939, was
13 the author of the state Legislature's first
14 "West Point Day" Resolution;
15 For decades our nation has
16 enjoyed the legacy of freedom, and the United
17 States Military Academy at West Point has played
18 a vitally significant role in the maintenance of
19 peace and freedom; and
20 WHEREAS, the members of this
21 legislative body are equally proud to
22 commemorate this event, marking April 24th, 1996
23 as "West Point Day" in New York State; now,
3894
1 therefore, be it
2 RESOLVED, that this legislative
3 body pause in its deliberations to celebrate the
4 establishment of the United States Military
5 Academy at West Point and to memorialize
6 Governor George E. Pataki to declare April 24th,
7 1996 as "West Point Day" in New York State; and
8 be it further
9 RESOLVED, that a copy of this
10 resolution, suitably engrossed, be transmitted
11 to Governor George E. Pataki.
12 ACTING PRESIDENT KUHL: The Chair
13 recognizes Senator Bruno on the resolution.
14 SENATOR BRUNO: Mr. President and
15 colleagues, it is my honor and privilege to
16 welcome General Graves and the West Point cadets
17 who accompany him here today. We truly are
18 honored by your presence.
19 General Graves is changing his
20 career and he is not going to spend most of his
21 time at the Academy; he is going to be doing
22 some other things with his life.
23 For the time that he has spent in
3895
1 the service of his country, he has brought honor
2 to himself, to his family, to the cadets that he
3 represents and to the institution of West
4 Point.
5 He has followed in the great
6 tradition as these cadets will, the tradition of
7 the greatest generals, Pershing, Patton,
8 Eisenhower, MacArthur, Schwarzkopf, and for the
9 cadets who have been chosen from among the best
10 to attend West Point, the best mentally,
11 emotionally, academically, physically, to really
12 serve this country in a way that very few have
13 the honor and the privilege to serve.
14 You're a credit to yourselves,
15 certainly to your families, and we here in this
16 chamber representing the Senate and the people
17 of New York State are proud to have you here
18 with us for this period of time so that we can
19 show our respect and the honor that we have for
20 you from West Point and, General, we wish you
21 the very best as you go on with your career and
22 your life, and we know that you will have the
23 same successes enjoying great health and your
3896
1 future as you have at West Point and in your
2 military career.
3 And let me just conclude by
4 saying, for a sergeant in the infantry in Korea,
5 it's almost overwhelming to be here addressing a
6 general and the cadets that will be the future
7 generals that will be serving the people of
8 these great United States.
9 Thank you for joining us here
10 today.
11 ACTING PRESIDENT KUHL: The Chair
12 recognizes Senator Larkin on the resolution.
13 SENATOR LARKIN: Thank you very
14 much, Mr. President.
15 It's really an honor and a
16 privilege. This is the fifth year we've had the
17 privilege of having General Graves here. Those
18 of us associated with the military recognize
19 that on the 24th of June of this year, General
20 Graves will retire after a long and
21 distinguished military career. We welcome you,
22 General Graves, here today. We welcome the
23 cadets, as the Leader said, the future of our
3897
1 country.
2 We also have with us today
3 members of the West Point Society from the
4 Capital District and included with them -- I
5 would like everybody to take a focus and turn
6 around, and this young gentleman standing next
7 to me is General Traub, 94 years old, the class
8 of 1928. He's a constituent of Senator Bruno's,
9 and he's here to watch him today.
10 (Laughter.)
11 General Traub knows about fiscal
12 responsibility because he was at one time the
13 comptroller of the Army.
14 Ladies and gentlemen, this is
15 what being fit is after serving your country for
16 37 -
17 GENERAL TRAUB: No, 38.
18 SENATOR LARKIN: Well, I missed
19 by one.
20 Thank you very much.
21 (Applause.)
22 You know, a lot of us look at the
23 world today and we wonder on our service
3898
1 academies but, you know, an individual like
2 myself -- Senator Cook who represents part of
3 Orange County and Senator Holland who will get
4 an opportunity to go to West Point -- we see
5 these young men in action, and when you look at
6 them and start to think that when Sylvanus
7 Thayer started West Point, the only one for an
8 untold number of years was an engineer officer
9 because that was the home and as this
10 superintendent leaves, we should also note that
11 he is a distinguished engineer.
12 These leaders that we've had that
13 have passed through West Point and, as Senator
14 Bruno enumerated, have shown what West Point is
15 all about, duty, honor and country.
16 As I said earlier today to the
17 cadets when I was talking to them, in 23 years
18 of active duty, I never served with, under or
19 above, a grad' who I didn't have the greatest
20 respect because of their commitment, their
21 commitment as an individual, their commitment to
22 the corps, and their commitment to our country.
23 You know, Mr. President, we have
3899
1 -- we have an opportunity in looking at this
2 place of West Point. Some of you should know
3 there are 4,000 cadets, shrinking a little bit.
4 We have over 4,000 other employees. We have, in
5 effect, at West Point, a community of -- in
6 excess of 12,000 people. They are a corps, not
7 just of the military but they're a corps of the
8 state of New York. Their contributions to the
9 state are tremendous.
10 Today, we're fortunate enough to
11 have some of those cadets with us, and as I call
12 your name, would you please stand -- and staff.
13 Excuse me, sir.
14 First of all, the Superintendent
15 of the United States Military Academy and a true
16 friend of New York's, General Howard D. Graves;
17 (Applause.)
18 The cadet first captain from
19 North Carolina, Cadet Todd Brown;
20 (Applause.)
21 Our chaplain at West Point,
22 Chaplain Camp, who you just heard. He's hiding
23 on us;
3900
1 (Applause.)
2 Andrea Hamburger, director of
3 public affairs;
4 (Applause.)
5 Joe Tombrello, community
6 relations;
7 (Applause.)
8 And although I chide my Marine
9 Corps friends, Hoblock and Holland, about a
10 photographer, so we have a photographer from
11 West Point, Michele Burrows. Thanks, Michele;
12 (Applause.)
13 And a TAC officer from C-2,
14 Captain Paul Palozzi;
15 (Applause.)
16 The cadets that are here with us
17 today, Cadet Mary Katherine Ashworth from
18 Kirkville, New York;
19 (Applause.)
20 Cadet James M. Cadet from Stony
21 Point;
22 (Applause.)
23 Cadet Douglas Chapman from Great
3901
1 Valley;
2 (Applause.)
3 Cadet John Ferrigno from
4 Shoreham, Long Island;
5 (Applause.)
6 Cadet John Kazigo from
7 Lincolndale, New York;
8 (Applause.)
9 Cadet Joshua Lubarsky from
10 Yorktown Heights;
11 (Applause.)
12 Cadet Stanley Shin from Flushing;
13 (Applause.)
14 Cadet Roger Taneus from Coram,
15 New York;
16 (Applause.)
17 Ladies and gentlemen -
18 SENATOR HOLLAND: You missed one.
19 SENATOR LARKIN: No, I didn't.
20 Who did I miss?
21 SENATOR DeFRANCISCO: Jennifer
22 Johnson.
23 SENATOR LARKIN: Jennifer,
3902
1 somebody forgot you. Please stand up. We'll
2 recognize you.
3 (Applause.)
4 You know, it has been mentioned
5 that General Graves will be leaving. Here's an
6 individual who's had one great distinguished
7 career. He served in three great combat units,
8 the 82nd Airborne -- they drop anywhere; the 1st
9 Infantry Division -- which some of you know and,
10 of course, the Leader remembers that. If you're
11 going to be one, General, you might as well be a
12 big red one, right? -- and my little outfit,
13 the 1st Cav', where that line separates reality
14 from fiction but, you know, General Graves has
15 served Vietnam, Germany, served -- before he
16 came to West Point, he was in the Pentagon and
17 the chairman of the Joint Chiefs of Staff
18 office.
19 You know, as we say in life, many
20 are called but few are chosen. He has been
21 chosen for some of the toughest assignments that
22 an Army officer or any officer in the military
23 service can have. His career clearly indicates
3903
1 brilliance, dedication and commitment, all the
2 founding things that he found and learned at
3 West Point.
4 I guess the real thought here
5 today is these young men and women. Some of us
6 recognize the fact when someone leaves military
7 service or doesn't complete a career and he goes
8 into the private sector or he goes into
9 government, the opportunity for these young men
10 and women are endless, but the training that
11 they receive and the guidance -- how many of us
12 know young kids that go away to college and they
13 can't get out on a Friday night, and how about
14 someone who gets some demerits and has to walk
15 instead of making a phone call to somebody that
16 they'd really like to talk to; but these young
17 men and women understand that because they've
18 made a commitment.
19 These young men and women receive
20 a nomination around age 17. That's four years
21 of school and a five-year commitment after
22 that. So we're telling a young person that
23 they'd better be prepared to do something nine
3904
1 years from now.
2 These young men and women that
3 will graduate in May will go all over the
4 world. They will be our eyes and ears. They
5 will be the true American, not the "Ugly
6 American".
7 Ladies and gentlemen, we are
8 honored to have you here visiting us today, and
9 we -- all of us, all New Yorkers are very proud
10 of you, and we hope to see some of you back here
11 some day being the Superintendent or the
12 Commandant.
13 General Graves, thank you.
14 ACTING PRESIDENT KUHL: The Chair
15 recognizes Senator Hoffmann on the resolution.
16 SENATOR HOFFMANN: Thank you, Mr.
17 President.
18 General Graves, General Fenimore
19 who is with us, members of the class of '96 who
20 are here today, it is a great honor for us to
21 have you here, and we ask you to remember as you
22 go through your military careers whether they
23 are careers to fulfill your obligation of five
3905
1 years or whether it is a lifetime of service,
2 whether you will be seeing us some time in the
3 future as 94-year-old examples of the military
4 tradition that you uphold so beautifully today.
5 We want you to remember that this is a state
6 that values this military tradition, that
7 recognizes and respects what you are doing now
8 and respects you always, and we ask you in turn
9 to remember the importance of this state in
10 making decisions about our the military industry
11 and our military opportunity in this country.
12 New York State has been hit very
13 hard by decisions made in Washington by people
14 who are not as well informed as you are and you
15 will continue to be. So we look to you not just
16 as military leaders, but we look to you as
17 enlightened young men and women who will someday
18 be the officers who run the military of this
19 country, and we ask you to always remember that
20 this is a state that has your respect, and we
21 ask you to make sure that the military always
22 has the respect of New York State as well.
23 Thank you for making us so proud
3906
1 of you and for joining us today.
2 ACTING PRESIDENT KUHL: Senator
3 DeFrancisco on the resolution.
4 SENATOR DeFRANCISCO: Yes. I
5 rise to also congratulate all of the cadets who
6 are here and all of the cadets that aren't here
7 with us.
8 I rise also to indicate that I
9 know that these people are people of great
10 character and integrity, and I rise this year as
11 I have done in prior years, because the 49th
12 Senate District produces people of character and
13 integrity, and Jennifer Johnson who is here
14 today is one of those individuals that we're
15 very, very proud of and, as a veteran, I also
16 know how important their role is in the future
17 of this country, and I know that this class is
18 going to take their place in history and be
19 great Americans and serve this country as their
20 predecessors have.
21 ACTING PRESIDENT KUHL: Senator
22 LaValle on the resolution.
23 SENATOR LAVALLE: Thank you, Mr.
3907
1 President.
2 I rise as chairman of the Senate
3 Higher Education Committee to acknowledge this
4 great institution, an institution that has
5 played a very significant role in the history of
6 this country, and I think that we can't say
7 enough times how we are proud of the cadets.
8 Senator Larkin said for many of
9 you, you have embarked on this course to be a
10 cadet at West Point very, very early on. It is
11 a very difficult road, and so we say we're proud
12 of you, as I'm sure your parents and your
13 community has said that we're proud, because
14 there are so many distractions in all of our
15 lives, that it's important to understand the
16 role that you're in and that you are playing a
17 very significant role while you're at West Point
18 and beyond and are a part of the history of this
19 country.
20 I am also speaking today because
21 there are two cadets from the 1st Senatorial
22 District, John Ferrigno and Roger Taneus, and to
23 that, people of Suffolk County and the 1st
3908
1 District are, indeed, proud of your
2 accomplishments, of getting to the Academy, and
3 we wish you good luck in your years there and
4 beyond.
5 ACTING PRESIDENT KUHL: Is there
6 any other Senator wishing to speak on the
7 resolution?
8 (There was no response.)
9 Hearing none, then the 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 unanimously
16 adopted.
17 On behalf of Senator Bruno and
18 all the members in the chamber, General Graves,
19 cadets, and all your personnel, we welcome you
20 to Albany. You're an inspiration to all of us
21 and we appreciate that, your being here.
22 Thank you for being here.
23 (Applause)
3909
1 General Graves, that
2 acknowledgment was from Senator Bruno. Those of
3 us who know Joe Bruno, Sergeant Bruno, know that
4 he's a man of tradition, and he would not ever
5 want to be in a position where he talked to a
6 four-star general without giving the four-star
7 general an opportunity to talk back to him. So
8 he has asked me to ask you if you would like to
9 say a few words to the body -- the assembled
10 body. It's an occasion that we don't offer to
11 most everybody, but in this particular case, we
12 welcome you and certainly your words.
13 (Applause)
14 GENERAL GRAVES: Thanks very
15 much, Senator Bruno.
16 I appreciate the opportunity to
17 respond to your hospitality because, as Senator
18 Larkin said, this is the fifth of five years
19 that I have been Superintendent and have had the
20 opportunity to visit Albany and to take
21 advantage of your hospitality and your
22 recognition of the Military Academy on "West
23 Point Day."
3910
1 It's not coincidental that we're
2 in New York. West Point was founded on
3 strategic terrain during the Revolution, but
4 President Washington determined that that point
5 in the Hudson was the place that he wanted to
6 choose to run the Revolution, and he recognized
7 that the Hudson River, if it was controlled by
8 the British, could divide the colonies and cause
9 us to be defeated in detail in the Revolutionary
10 War.
11 He said, "This is precious and
12 strategic terrain. I must -- we must protect
13 this," and he moved his headquarters to West
14 Point, and with the exception of moving south
15 for the Siege of Yorktown, President Washington
16 ran the Revolution from within a day's ride of
17 the Moore Plantation -- now known as West Point
18 -- throughout the entire Revolution. It shows
19 the criticality of the Empire State to our
20 nation, from the very beginning of our nation
21 and today.
22 We thank you that we have your
23 hospitality and that we enjoy the relations that
3911
1 we have with your communities and with this
2 region, and we appreciate very much your
3 hospitality.
4 These young men and women are
5 going to be the leaders of the 21st Century,
6 both in uniform and out. Just a few words about
7 them. They come from the cream of the crop, as
8 you recognized that, Senator. They're SAT
9 scores are well above 1200, on average. About
10 90 percent of them have at least one varsity
11 letter in high school. They are, about 85
12 percent of them, in the top fifth of their
13 graduating class when they come, and when they
14 come to West Point they come to a university
15 that is in one of the -- that is one of the top
16 50 universities in the country, and so they're
17 getting an outstanding education that is
18 accredited by all accrediting bodies as being
19 one of what in education is known as a Tier I
20 university, one of the most competitive.
21 We pride ourselves that we do
22 provide them with an excellent education
23 tailored to the needs of the Army, but we pride
3912
1 ourselves even more that we are developing them
2 as leaders of character. We immerse them for
3 those four years in a value-laden environment
4 where we revere the time-honored values of
5 honesty, of fairness, of consideration for
6 others, and respect for authority under the
7 Constitution.
8 And so you can be assured, as
9 they go on to lead the Army and the nation, that
10 those values have taken, as they have been
11 immersed for four years in those and that they
12 will go on and be respectful military leaders
13 under civilian authority, to lead the sons and
14 daughters of America wherever our elected
15 representatives decide to send them.
16 Thank you for your hospitality
17 and thank you for your continued honor of
18 allowing us to come up and visit you each year.
19 (Applause.)
20 ACTING PRESIDENT KUHL: Senator
21 Bruno.
22 SENATOR BRUNO: Mr. President, I
23 believe there is a resolution at the desk, 3013,
3913
1 by Senator Nozzolio. I would ask that it be
2 read in its entirety, and we at this time move
3 its adoption.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the privileged Resolution
6 3013, which is at the desk.
7 THE SECRETARY: By Senator
8 Nozzolio, Legislative Resolution honoring Acting
9 Commissioner Philip Coombe, Jr., upon the
10 occasion of his retirement after 36 years of
11 distinguished service with the New York State
12 Department of Correctional Services.
13 WHEREAS, it is the sense of this
14 legislative body to honor Acting Commissioner
15 Philip Coombe, Jr., upon the occasion of his
16 retirement after one of the most distinguished
17 tenures in the history of the New York State
18 Department of Correctional Services;
19 Philip Coombe, Jr.'s impressive
20 career with the New York State Department of
21 Correctional Services began as a teacher at
22 Eastern Correctional Facility in 1959. In 1977,
23 he was selected Superintendent of the new medium
3914
1 security Otisville Correctional Facility. In
2 1980, he became Superintendent of the maximum
3 security Eastern New York Correctional Facility
4 in Napanoch. Philip Coombe came to Albany in
5 1985 as Deputy Commissioner for Correctional
6 Facilities, becoming first Deputy Commissioner
7 in 1988. He became Acting Commissioner on
8 August 11th, 1994;
9 Perhaps the most compelling
10 highlight and milestone of Acting Commissioner
11 Philip Coombe, Jr.'s prominent career was the
12 accreditation of all New York prisons by the
13 American Correctional Association. Under Phil
14 Coombe's leadership, the first accreditation
15 occurred in 1981 when Mr. Coombe was
16 Superintendent at Eastern. Parkside was the
17 last of New York's 69 prisons to earn
18 accreditation in February 1996;
19 These are accomplishments of
20 great magnitude in light of the fact that New
21 York State, with its 69 state prisons and 69,000
22 inmates, has the third largest correctional
23 system in the country;
3915
1 Philip Coombe's effort and
2 commitment to improving drug rehabilitation and
3 diverting substance abusers into community
4 halfway houses deserves the highest praise of
5 this legislative body in the communities of the
6 state of New York;
7 Few individuals have the
8 opportunity to serve in roles which their
9 efforts will have such far-reaching impact.
10 Philip Coombe, Jr. is one of those people;
11 His selection as Acting
12 Commissioner is testimony to his high character,
13 his deep integrity, and his consummate
14 expertise;
15 Throughout the course of his
16 career with the New York State Department of
17 Correctional Services, Philip Coombe, Jr. served
18 the inmates, residents, and the entire state of
19 New York with loyalty, honor and great
20 distinction;
21 His parents, Philip Coombe, Sr.
22 and Ethel, his wife Carolyn, daughter Catherine
23 and three sons, Philip III, Russell, and Dwight,
3916
1 have given constant support throughout the
2 career of Philip Coombe, Jr. and are both proud
3 and honored to take part in his achievements;
4 Phil Coombe, by his words and
5 actions, has instilled the concept and meaning
6 of family as "the way of doing business" among
7 employees;
8 Phil Coombe's repeated
9 description of the Department and its employees
10 as "second to none" is, in fact, the identical
11 term used by employees in describing him;
12 Acting Commissioner Philip
13 Coombe, Jr. so truly deserves the highest
14 commendation of this legislative body; now,
15 therefore, be it
16 RESOLVED, that this legislative
17 body pause in its deliberations to honor Acting
18 Commissioner Philip Coombe, Jr. upon the
19 occasion of his retirement after 36 years of
20 distinguished service with the New York State
21 Department of Correctional Services; and be it
22 further
23 RESOLVED, that a copy of this
3917
1 resolution, suitably engrossed, be transmitted
2 to Acting Commission Philip Coombe, Jr.
3 ACTING PRESIDENT KUHL: Senator
4 Nozzolio on the resolution.
5 SENATOR NOZZOLIO: Thank you, Mr.
6 President.
7 Mr. President, my colleagues, it
8 was, indeed, an honor for me to author this
9 resolution and a further honor to stand before
10 you to recognize the career of 36 years of
11 service which Phil Coombe has given to the
12 people of the state of New York.
13 Phil Coombe retired last week as
14 Commissioner of the Department of Corrections,
15 but Phil left behind a legacy of
16 professionalism, integrity and selfless
17 dedication. His strengths as Commissioner were
18 based on the strengths of his personality and
19 character. You always knew Phil gave you his
20 word and that word was his bond. Truly, that is
21 a measure of a great man.
22 It's my honor as chairman of the
23 Senate Committee on Crime and Corrections to
3918
1 sponsor this resolution, and it's fitting as we
2 pause today, officially known as "West Point
3 Day", to honor our former Commissioner. Under
4 his leadership, the Department has the esprit de
5 corps, the same type of attitude and commitment
6 that has made our military a success, that
7 esprit de corps of many of whom are here today
8 recruited in the service by Phil.
9 Phil has promoted the sense of
10 professionalism and teamwork that defines the
11 Department. They truly are unlike any other
12 state agency. Their work is critically
13 important to the safety and well-being of every
14 New Yorker and they take that work, not simply
15 as a vocation, but one of true commitment, and
16 that too is a tribute to the man that recruited
17 them into public service.
18 I'm pleased to work with and
19 support the Department, but mostly I can say it
20 has been a tremendous learning experience
21 working with Phil over these years.
22 Last week at Phil's retirement
23 dinner, there were over 1700 people to pay their
3919
1 tribute to a man who embodies public service.
2 It's fitting that Phil's family
3 is here -- his mom and dad and wife are here,
4 and children -- as we close the chapter of
5 Phil's public service career and open up a new
6 chapter on his true love, his family and his
7 farm.
8 Best wishes to you, Phil. Your
9 service to the people of New York will be long
10 remembered and your commitment to those of us in
11 this body will never be forgotten.
12 ACTING PRESIDENT KUHL: Senator
13 Waldon on the resolution.
14 SENATOR WALDON: Thank you very
15 much, Mr. President.
16 I would like to echo what our
17 colleague, Senator Nozzolio, has said and just
18 to lend my words of admiration and respect for a
19 job well done and for a gentleman who, in my
20 opinion, personified that which is professional
21 about those who work in a very dangerous but a
22 very vital area of New York State service.
23 The key thing that Mike said that
3920
1 prompted me to stand was a "man of integrity who
2 keeps his word." In the conversations I've had
3 with Phil, he has always kept his word and as
4 always, when he's made a commitment to do
5 something, saw it to its final conclusion.
6 It is a sad day that New York
7 State is losing him in terms of his retirement,
8 but for he and his family, I know it's a great
9 day, and the same kind of vigor and sense of
10 commitment he brought to his work for the state
11 of New York, he will bring to everyone that he
12 meets in the remaining journey of his life's
13 work.
14 Congratulations.
15 ACTING PRESIDENT KUHL: Senator
16 Hoffmann on the resolution.
17 SENATOR HOFFMANN: Thank you, Mr.
18 President.
19 I want to compliment Senator
20 Nozzolio on a beautifully worded resolution, and
21 I would ask if it might be open to co
22 sponsorship by the other members of the Senate
23 who share your sentiment about Commissioner
3921
1 Coombe upon his retirement.
2 The -- the unique qualities of
3 Phil Coombe were described in glowing detail at
4 the tribute held for him in the Convention
5 Center just days ago, and it was a marvelous
6 occasion because there were so many people from
7 different parts of the state with different
8 responsibilities in and out of corrections who
9 all demonstrated the same degree of warmth and
10 respect for an individual with one of the
11 toughest jobs, arguably, in the state.
12 There can be no greater challenge
13 than dealing with the enormous increase in the
14 number of inmates, the tremendous strain on the
15 system, on the budget, on the men and women who
16 work to provide the safety necessary for the
17 public as well as the safety for the inmates,
18 and yet Commissioner Coombe has done that in a
19 way that reflects an evenhanded fairness, a
20 sense of respect for all who work under him and
21 a sense of understanding that the budget has to
22 be respected, that there will be tough decisions
23 to be made, but as long as we all understand how
3922
1 and why those decisions are made, we're able to
2 accept them, issues as difficult to address as
3 double bunking, problems that strain the work
4 force within corrections. All of these were
5 challenges that Commissioner Coombe was able to
6 address, was able to not only make happen but
7 was able to receive support of the people who
8 were required to implement them.
9 He could deal with the media in
10 such a way that even the most agonizing issues
11 were understood, and his judgment was always
12 respected and upheld by those who knew him and
13 those who understood what it is that he was
14 required to do.
15 I think it's important to note
16 that Governor Pataki chose to continue keeping
17 Commissioner Coombe on in his capacity as Acting
18 Commissioner through a change in administration,
19 clearly indicating that this is a man who was
20 not responding to any kind of political agenda,
21 certainly a lesson here, an example for all of
22 the rest of us in the state as we're looking to
23 select other people for higher ranking positions
3923
1 and to this and future governors in looking to
2 fill the positions of commissioner and high
3 ranking appointed officials.
4 There could be no finer example
5 for us and no one who will be more sorely missed
6 than Commissioner Phil Coombe.
7 ACTING PRESIDENT KUHL: Senator
8 Cook on the resolution.
9 SENATOR COOK: Mr. President,
10 it's my honor to welcome my constituents, Phil
11 Coombe and the Coombe family, here today.
12 I think that this is a beginning
13 of a new life, in a sense, for the whole family
14 because Phil has been so totally dedicated to
15 his responsibilities in the Department, and
16 while he's also been a devoted family man all of
17 these years, I know that the time demands have
18 required sacrifices on the part of the family
19 that were painful to him, as well as to them,
20 from time to time, and that now they really have
21 an opportunity to share each other's life from
22 this point forward, and I think that's a
23 wonderful thing.
3924
1 I had my first contact with Phil,
2 I guess when he was Superintendent at Eastern,
3 and it was clearly evident during my first visit
4 there of the real qualities that he had as a
5 leader because he had been able to motivate the
6 corrections officers within that institution,
7 that what they wanted to do was be as good as
8 they could, and it was evident that they really
9 put forth the extra effort to make that the best
10 institution that it could be because they were
11 proud of where they were. They were proud of
12 who was leading them, and that even was conveyed
13 to the inmates. You had a sense among them that
14 there was a respect, that there was a different
15 attitude on their part. It was almost as though
16 they were caught up in the same spirit, and
17 things worked there because of the way that Phil
18 ran the place.
19 I remember during my early years
20 in the Senate that we had some experiences with
21 leadership in the Corrections Department that
22 were comedies of error almost, and really until
23 Commissioner Coughlin kind of came in and
3925
1 settled things down and then was followed by
2 Phil Coombe, things were not great in that
3 department, and I think that illustrates the
4 importance of leadership, and Phil Coombe has
5 brought that leadership to a new height.
6 He has been able to take that
7 same esprit de corps that he was able to instill
8 within the relatively small group of officers
9 who were serving with him at Eastern and to
10 spread it across this entire statewide system,
11 and that is a real tribute to his leadership,
12 and it's amazing that the personality of one
13 person can permeate through all of the
14 bureaucracy and the size of the cadre of
15 officers and civilians who work in that
16 department, that they all feel a personal
17 relationship with him and a personal loyalty
18 that they needed to produce because Phil needed
19 them to do it, and it was a sense that they were
20 responding to him personally, and I think that
21 that is a quality that's very, very rare.
22 We really are going to miss him
23 very, very much in that department, but as I
3926
1 said before, I think that his family and he
2 deserve this time and we cannot begrudge them
3 the opportunity to have these good years of
4 retirement.
5 ACTING PRESIDENT KUHL: Senator
6 Hoblock on the resolution.
7 SENATOR HOBLOCK: Thank you, Mr.
8 President.
9 I rise to join with my colleagues
10 in wishing Phil Coombe the very best in his many
11 more long years of retirement and enjoyment with
12 his family.
13 I don't think that I had the
14 long-time relationship, as many of you do, with
15 Phil Coombe having just arrived in the Senate
16 myself last year, but I came across a set of
17 circumstances that occurred in my district that
18 had the potential of being a very volatile
19 situation, and when I called upon Phil Coombe in
20 his capacity as Acting Commissioner of the
21 Correctional Services Department in an effort to
22 deal with that set of circumstances, he
23 commanded respect from the very beginning.
3927
1 I was extremely impressed with
2 his responsiveness of calling me from wherever
3 he was and even on one occasion while he was on
4 vacation, but I think that he took charge of a
5 situation that could truly have gotten itself
6 out of hand but he exercised the professionalism
7 and the leadership that was necessary in these
8 circumstances, and I think that we in this
9 community, as well as so many across the state,
10 are very thankful for that dedication.
11 He did things that he did not
12 have to do. He put his neck out where perhaps
13 he could have had it injured in some respect,
14 but he did so, and I can't begin to commend him
15 enough for his responsiveness, his initiative in
16 getting a job done, because the one thing he
17 said to me was that under these circumstances,
18 whatever they may be, he wants to do the right
19 thing, and we're very proud of you for that,
20 Phil.
21 We thank you very much, and, yes,
22 we're going to miss you. I wish I had the
23 opportunity to work with you much longer, but I
3928
1 know that your replacement has got some big
2 shoes to fill, but I trust that it will be
3 done.
4 So, again, I want to congratulate
5 you, congratulate your staff, and wish you and
6 your family a long, long retirement and a most
7 enjoyable one.
8 ACTING PRESIDENT KUHL: Senator
9 Volker on the resolution.
10 SENATOR VOLKER: Mr. President, I
11 rise with less than enthusiasm, as Phil knows,
12 because we're certainly going to miss him, and
13 as somebody who, I guess -- I was just thinking
14 here. I've known every -- every leader of the
15 Corrections Department dating back to before
16 Russ Oswald, in fact.
17 Phil actually is the first head
18 of the New York prison system who came
19 completely through the ranks. In fact, as we
20 remember the resolution, he not only was a
21 teacher but also the leader of a medium and a
22 maximum.
23 I've known him for many, many
3929
1 years because even while he was deputy under the
2 former commissioner, he was always one of the
3 people who was the fellow who fixed things, so
4 to speak.
5 I have to say that -- and Senator
6 Hoffmann mentioned the party for Phil Coombe. I
7 have been to many retirement parties, hundreds.
8 I have never been to one quite like that. First
9 of all, they expected a little over 1,000 people
10 and there were almost 1800.
11 Secondly, criminal justice
12 parties sometimes tend to be maybe a little
13 stiff sometimes, and everybody who is anybody
14 was at that party, so to speak, from the
15 criminal justice area, but the warmth that was
16 shown personally for Phil Coombe, I think -
17 showed, I think, what a great human being he is,
18 but, also, I think demonstrated -- a lot of
19 people who may be outside the system didn't
20 quite realize how respected a man of Phil's
21 stature was.
22 I think the trouble is that
23 people like Phil Coombe operate in -- within
3930
1 their own system, don't pay any attention to
2 many of the outside distractions that, I'm
3 afraid, are always around us. He tried just to
4 do a good job and make sure that the system
5 works right. You never hear about him because
6 you only hear, I think, about people who do a
7 good job when something happens, something goes
8 awry.
9 It's miraculous -- and I'll be
10 the first to admit to you, and I know Mike would
11 back this up. It's miraculous that our prison
12 system has operated as well as it has. You
13 travel around the country and talk to people
14 about New York. Aside from the fact that they
15 have a great respect -- it might be a surprise
16 to some people, for the Legislature here -- they
17 have a huge respect for this correctional
18 system.
19 I was just at a criminal justice
20 conference within the last month and a half in
21 Hartford, and I was there with -- in fact, with
22 Johnny Johnson, who is the -- an old friend of
23 mine, who is the new head of the Division for
3931
1 Youth, and without even mentioning it, the New
2 York prison system came up on three or four
3 occasions, this program or what they've done
4 there, and they've talked with the -- the
5 Commissioner, Phil Coombe, and I think it shows
6 the immense respect that not only Phil Coombe
7 has here in New York but throughout the country.
8 Phil, I must say to you that of
9 all the people who have run not only the
10 corrections system but any area of criminal
11 justice, no one that I am aware of spent more
12 time on the job, was more receptive to listening
13 to the problems not only of legislators but of
14 inmates, corrections superintendents, officers,
15 and so forth.
16 As you well know, Phil, the
17 corrections system is like a huge family, that
18 it's wrenching from day to day, and everyone has
19 got their own beefs and has got their own
20 problems, but you've treated the corrections
21 system almost like a second family -- and that
22 family has operated on a basis -- given the
23 nature of the size of the system and the
3932
1 difficulty and the pressures that there is
2 there, it has operated in almost an amazing
3 fashion.
4 1995 was the year that many of us
5 cringed when we thought about -- and you were
6 able to get through that year, run around the
7 state, frankly, putting out fires, and so forth,
8 as I'm well aware of. In fact, I spoke to you
9 many, many times in the backyard of your house
10 or the backyard in a prison, whatever, because
11 you were always on top of whatever needed to be
12 done.
13 My very best wishes to you and
14 your wife and your family. You've dedicated 36
15 years to the state. It's time you did take some
16 time off. I hope you go fishing and relax on
17 your farm. I will miss you. Godspeed, and I
18 hope to see you on many occasions during the
19 coming years.
20 ACTING PRESIDENT KUHL: Is there
21 any other -- Senator Montgomery.
22 SENATOR MONTGOMERY: Yes, Mr.
23 President.
3933
1 I would also like to join my
2 colleagues in expressing my best wishes and my
3 congratulations to Mr. Coombes -- Commissioner
4 Coombes.
5 For someone who has been able to
6 hold together, and manage as well, a system that
7 has over 100,000 people and almost a $40 billion
8 budget and runs -- is one of the, I guess,
9 hidden industrial complexes in the nation -- I
10 mean, in the state, I have -- I was quite
11 surprised to see how much industry goes on
12 inside corrections -- and I -- even though I do
13 receive any number of correspondences from those
14 in corrections who are more than likely from my
15 district, I think it could be much, much more
16 and much worse, and so for you to be able to go
17 through that, Commissioner, and come out whole,
18 is truly a statement of your -- your strength
19 and your integrity and your professionalism, and
20 I congratulate you on that.
21 I am sorry to say that the large
22 majority of the huge corrections industry is
23 generated based on people from my district and
3934
1 other districts like mine in the state, but
2 nonetheless, if -- since there is that large
3 number of people, many of them are young people
4 who really have not been developed to their
5 maximum potential by any means, it is extremely
6 important that the leadership in that system be
7 one who has some commitment to habilitation
8 and/or rehabilitation.
9 So we thank you for what you have
10 contributed along those lines, and we certainly
11 hope and pray that the person who comes after
12 you has as much integrity and vision and
13 sensitivity and commitment as you have had.
14 Thank you very much.
15 ACTING PRESIDENT KUHL: Senator
16 Farley on the resolution.
17 SENATOR FARLEY: Very briefly. I
18 just want to wish Phil Coombes the best wishes
19 in his retirement, and any guy that can bring
20 such a crowd here into the Senate chamber
21 deserves -- speaks well of your career and your
22 family and all the corrections people that are
23 with us.
3935
1 You've done an outstanding job.
2 We're grateful. As somebody that is -- that has
3 a couple facilities at least in my Senate
4 District, I know how important your job is. You
5 can be proud of your service.
6 You come from a distinguished
7 family, and I wish you well.
8 ACTING PRESIDENT KUHL: Senator
9 Mendez on the resolution.
10 SENATOR MENDEZ: Mr. President,
11 it is with mixed feelings that I stand up to
12 praise the job performed by Commissioner
13 Coombes, and I say "mixed feelings" because,
14 see, I didn't have the time to prepare a picket
15 sign basically saying "We hate to see you go."
16 So I have had a wonderful working
17 relationship with Commissioner Coombes and the
18 previous commissioner, and I'll tell you, Mr.
19 President, in the performance of the duties of
20 his job, he was very fair to the correctional
21 officers but very firm when he had to be. He
22 understood the reality of the inmates. He
23 wouldn't allow any of his officers to step over
3936
1 the line of what they were supposed to do.
2 So he did care, not only for the
3 institution but in terms of people. He cared
4 for his staff, he cared for the inmates, and he
5 did a superb job. I think that -- that we are
6 losing a very, very great state official, and
7 the only good thing, when I referred to my mixed
8 feelings, is now he will have the time to enjoy
9 his grandchildren and, as was stated by Senator
10 Volker, he would be taking them fishing, but we
11 will all miss him.
12 We wish him the best, but we will
13 miss him terribly, so stay well. I promised
14 that I would take him to dinner when he comes
15 back to Albany, and I shall keep my word.
16 So you're leaving us, but you
17 will be present in our minds, and all of us that
18 got to know you feel privileged to have known
19 you.
20 Thank you.
21 ACTING PRESIDENT KUHL: The
22 question is on the resolution.
23 SENATOR STAFFORD: Mr. President.
3937
1 ACTING PRESIDENT KUHL: Senator
2 Stafford.
3 SENATOR STAFFORD: It certainly
4 is a very fine day here to recognize Phil
5 Coombe, the Coombe family, and the Correction
6 community. Phil has followed a great deal of
7 ability.
8 Dale, you mentioned the
9 commissioners, but you can go back to, also,
10 Paul McGuinness; Keith McHugh came from Buffalo
11 -- you don't want to leave him out; Donovan and
12 Commissioner Lyons. Walter N. Thayer did work
13 up through the ranks. He was warden at
14 Dannemora. He's from Thayers Corners; it's
15 outside of Chateaugay -- Chateaugay, New York.
16 That's way up on -- up in the North Country.
17 I was thinking as we were talking
18 about correction, I wished I could say to all
19 you people that want prisons, is it so terrible
20 to have these things in your community? It's
21 become rather popular. As one who grew up in
22 the prison grounds, I again have to -- I do have
23 to say the values, the direction, the foundation
3938
1 and the opportunities that are provided by the
2 correction community and those who work in these
3 facilities is probably one of the greatest
4 places anyone can grow up. Some have argued
5 that never happened to some of us.
6 I also would say that you have to
7 be very careful when anyone says to you that
8 they're a farmer and they're also in
9 corrections. I have had some experience with
10 some of those people, but you do usually find,
11 seriously, that they don't take themselves too
12 seriously. All of this has been mentioned.
13 They have a good sense of humor. They do get
14 the job done. They understand the mission.
15 People want to work with them. They have an
16 infectious enthusiasm. The loyalty is in their
17 blood, and they never ask anybody to do anything
18 that they would not do themselves or are already
19 doing and, of course, that's Phil Coombes. New
20 York is better for Phil. We're still going to
21 be hearing a great deal from him.
22 I would say to Phil and Ethel -
23 I mentioned this to Carolyn one day -- we're
3939
1 reminded often that the river never rises higher
2 than its source. They don't get it, but the
3 parents do. The parents do.
4 Seriously, it's really a tribute
5 to the entire correctional community when we
6 honor someone like Phil today as we are doing
7 and, as has been mentioned, this is a field that
8 if everything is going well, you hear nothing
9 but just have a ripple -- and it's just very
10 interesting -- we hear a great deal, and
11 fortunately in the last few years we have not
12 heard of any serious problems.
13 As I say, I know the entire -- as
14 has been mentioned earlier, and that's what it
15 should be called, "the correction family", is
16 very, very pleased to join us and be part of
17 honoring one of the great public servants of
18 this state and one who isn't retiring. He's
19 just changed directions to a degree now and
20 then.
21 ACTING PRESIDENT KUHL: Senator
22 Maltese on the resolution.
23 SENATOR MALTESE: Mr. President,
3940
1 I had the honor briefly to serve as chairman of
2 Crime, Crime Victims and Correction, and during
3 that period of time, Phil stepped up to the bat,
4 so to speak, to assume additional
5 responsibilities, and it was during that period
6 that I had the opportunity, not only to visit
7 correctional facilities and speak with the
8 superintendents and the correction officers, but
9 also to be present at ceremonies where new
10 correctional officers were sworn in, and having
11 members in my family serving as correction
12 officers, I know that the correction officers,
13 the members of the correctional community share
14 my respect, great respect for Phil Coombe and
15 the job that he has done.
16 I echo, of course, the remarks of
17 many of the -- my colleagues here, other
18 Senators, in heaping, well-deserved accolades on
19 Phil, but I think, as Senator Stafford has
20 indicated, this is an extremely difficult field
21 and is a field that Phil has shone in, and we
22 can take pride in the fact that he has, as Dale
23 Volker has indicated, risen through the ranks
3941
1 and as a result of those many years of service,
2 has well earned the respect of his colleagues in
3 the field and certainly deserves a well-deserved
4 retirement, and our congratulations on a job
5 well done.
6 ACTING PRESIDENT KUHL: Senator
7 Maziarz on the resolution.
8 SENATOR MAZIARZ: Thank you, Mr.
9 President.
10 Mr. President, I've only been in
11 this position for a year now, but having served
12 on the Crime Victims, Crime and Corrections
13 Committee under the leadership of Senator
14 Nozzolio, I've had an opportunity in that year
15 to cross paths many times with the Department of
16 Correctional Services and particularly,
17 Commissioner Coombe, and I have to say that of
18 all of the commissioners that I've had the
19 pleasure of interacting with, with the possible
20 exception of the Commissioner of Transportation,
21 Commissioner Coombe is the only one who returns
22 your phone calls personally. I have to say that
23 about the Commissioner of Transportation, you
3942
1 see, but, Commissioner, I have within my
2 district two correctional facilities, and
3 shortly after I was elected, I visited both of
4 those facilities, and I have to say, Mr.
5 President, that I heard nothing but positive
6 things about Commissioner Coombe from -- not
7 only from the administration, the staff, the
8 corrections officers, but even from -- a few
9 inmates, Commissioner, had good things to say,
10 and I know just by the number of people last
11 week or two weeks ago who were there to honor
12 you at your retirement dinner, it was certainly
13 an overwhelming group, and you have a great deal
14 -- you and your family have a great deal to be
15 proud of, and I just wanted to join and wish you
16 the best of luck in your new direction, as
17 Senator Stafford said, and also I think that
18 just the corrections people that I see here
19 today know that you'll leave a great legacy in
20 the Department of Correctional Services, and I
21 know that and I hope that they're going to carry
22 on in your fine tradition.
23 So congratulations, Commissioner.
3943
1 ACTING PRESIDENT KUHL: Senator
2 Bruno to close on the resolution.
3 SENATOR BRUNO: Mr. President,
4 colleagues, we in this state and in the
5 Legislature are very fortunate that we have
6 people who are truly committed to public service
7 and our Superintendent and Commissioner Coombes
8 certainly fits that description, totally
9 committed to public service.
10 All of the people of this state
11 have benefited from the diligence, the
12 commitment, in the performance of one of the
13 most difficult tasks that any individual could
14 manage on behalf of the people of this state.
15 A lot has been said in the
16 chamber. There isn't much more that I can say
17 in closing, the comments, but I wanted to be on
18 my feet and just publicly say thank you to Phil
19 and to his family, and they can be very, very
20 proud of your public service, all the good
21 things you did for the people of this state, and
22 I know in talking to you personally that you are
23 still there and ready to be helpful in any ways
3944
1 that you can be in the transition.
2 So, on behalf of our colleagues
3 here in the Legislature and the people of this
4 state, we want to say thank you for your great
5 commitment to public service and wish you well.
6 Thank you, Mr. President.
7 ACTING PRESIDENT KUHL: The
8 question is on the resolution. All those in
9 favor signify by saying aye.
10 (Response of "Aye".)
11 Opposed, nay.
12 (There was no response.)
13 The resolution is unanimously
14 adopted.
15 We're very pleased to have
16 Commissioner Coombe with us here in the chamber,
17 with his immediate family and other family
18 members.
19 Commissioner, thank you so much
20 for such a positive contribution to public
21 service here in New York and for all you've done
22 for all of the people here. We wish you well
23 and good health in your retirement.
3945
1 (Applause.)
2 Senator Bruno.
3 SENATOR BRUNO: Mr. President,
4 can we call for a meeting of the Local
5 Government Committee chaired by Senator Rath
6 immediately in Room 123?
7 ACTING PRESIDENT KUHL: There
8 will be an immediate meeting of the Local
9 Government Committee in Room 123 of the
10 Capitol. Immediate meeting of the Local
11 Government Committee in Room 123 of the Capitol.
12 Senator Bruno.
13 SENATOR BRUNO: Mr. President, I
14 believe that there is a privileged resolution at
15 the desk by the distinguished sponsor, Senator
16 Kuhl. We would ask that the title be read and
17 that we move its immediate adoption.
18 ACTING PRESIDENT KUHL: I'll ask
19 the Secretary to read the title.
20 THE SECRETARY: By Senator Kuhl,
21 Legislative Resolution commending James R.
22 Houghton, Chairman of the Board and Chief
23 Executive Officer, Corning, Inc., upon the
3946
1 occasion of his retirement.
2 ACTING PRESIDENT KUHL: The
3 question is on the resolution. All those in
4 favor signify by saying aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The resolution is adopted.
9 Senator Bruno.
10 SENATOR BRUNO: Mr. President, I
11 believe that there is another resolution by the
12 distinguished Senator Kuhl, and we would ask
13 that title of that resolution be read and that
14 we move for its immediate adoption.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the title.
17 THE SECRETARY: By Senator Kuhl,
18 Legislative Resolution commemorating the 20th
19 Anniversary of the Volunteer Connection of the
20 United Way of Chemung and Steuben Counties on
21 May 6, 1996.
22 ACTING PRESIDENT KUHL: The
23 question is on the resolution. All those in
3947
1 favor signify by saying aye.
2 (Response of "Aye".)
3 Opposed, nay.
4 (There was no response.)
5 The resolution is adopted.
6 Senator Bruno.
7 SENATOR BRUNO: Mr. President, I
8 believe that there is another privileged
9 resolution at the desk by the very slightly
10 distinguished Senator Bruno, and we ask that the
11 title be read and move its immediate adoption.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the title.
14 THE SECRETARY: By Senator Bruno,
15 Senate Resolution authorizing the Temporary
16 President of the Senate to file an election to
17 make certain officers or employees of the Senate
18 eligible for the retirement incentive offered by
19 Chapter 30 of the Laws of 1996.
20 ACTING PRESIDENT KUHL: Senator
21 Bruno, did you wish to -- Senator Bruno, did you
22 wish to comment on the resolution?
23 SENATOR BRUNO: Mr. President,
3948
1 thank you.
2 This resolution -- and thank you
3 for asking me if I want to comment and looking
4 at me very directly because this opens the
5 enrollment period for any of the legislative
6 employees in the Senate that would seek early
7 retirement under the early retirement
8 legislation. That does not include members in
9 the chamber.
10 So thank you for the opportunity,
11 Mr. President but I would elect not to presently
12 seek that option, but for any of the members
13 here, they will have an opportunity with their
14 staffs that would qualify, that would think that
15 this is in their best interest, they ought to be
16 aware that this resolution now opens that
17 period.
18 Thank you, Mr. President.
19 ACTING PRESIDENT KUHL: The
20 question is on the resolution. All those in
21 favor signify by saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
3949
1 (There was no response.)
2 The resolution is adopted.
3 The Chair recognizes Senator
4 Maltese.
5 SENATOR MALTESE: Mr. President,
6 on page number 44, I offer the following
7 amendments to Calendar Number 788, Senate Print
8 Number 6901-A and ask that said bill retain its
9 place on the Third Reading Calendar.
10 ACTING PRESIDENT KUHL: The
11 amendments to Calendar Number 788 are received
12 and adopted. The bill will retain its place on
13 the Third Reading Calendar.
14 The Chair recognizes Senator
15 Wright.
16 SENATOR WRIGHT: Thank you, Mr.
17 President.
18 On behalf of Senator LaValle, I
19 wish to call up bill -- Print Number 6112
20 recalled from the Assembly which is now at the
21 desk.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read.
3950
1 THE SECRETARY: By Senator
2 LaValle, Senate Print 6112, an act to amend the
3 Environmental Conservation Law, in relation to
4 the Central Pine Barrens.
5 ACTING PRESIDENT KUHL: Senator
6 Wright.
7 SENATOR WRIGHT: Mr. President, I
8 now move to reconsider the vote by which this
9 bill was passed.
10 ACTING PRESIDENT KUHL: The
11 Secretary will call the roll on
12 reconsideration.
13 (The Secretary called the roll on
14 reconsideration.)
15 THE SECRETARY: Ayes 58.
16 ACTING PRESIDENT KUHL: Senator
17 Wright.
18 SENATOR WRIGHT: I now offer the
19 following amendments.
20 ACTING PRESIDENT KUHL: The
21 amendments are received and adopted.
22 Senator Bruno, that brings us to
23 the calendar.
3951
1 SENATOR BRUNO: Mr. President,
2 can we at this time take up the non
3 controversial calendar.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the non-controversial
6 calendar.
7 THE SECRETARY: On page 30,
8 Calendar Number 583, by Senator Tully, Senate
9 Print 6594, an act to amend the Soil and Water
10 Conservation Districts Law, in relation to
11 adding three advisory members.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 58.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 592, by Senator Libous, Senate Print 4421-B, an
3952
1 act to amend the Environmental Conservation Law,
2 in relation to establishing a toll-free number
3 to purchase sporting licenses.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 90th day.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 58.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 598, by Member of the Assembly Magee, Assembly
16 Print 8800, an act to amend Chapter 546 of the
17 Laws of 1945, authorizing the corporation
18 entitled "The Diocese of Central New York."
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
3953
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 58.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 600, by Senator Marchi, Senate Print 6374, an
8 act to amend the Business Corporation Law, in
9 relation to preventing a corporation's process
10 addressee to resign.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect 90 days.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 58.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 601, by Senator Farley, Senate Print 1379, an
23 act to amend the Banking Law and the Criminal
3954
1 Procedure Law, in relation to the regulations of
2 licensed transmitters of money.
3 SENATOR PATERSON: Lay it aside,
4 please.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 624, by Senator Lack, Senate Print 6656-A, an
9 act to amend the Civil Practice Law and Rules,
10 in relation to peremptory challenges.
11 SENATOR PATERSON: Lay it aside,
12 please.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 Senator Skelos, that completes
16 the non-controversial calendar.
17 SENATOR SKELOS: Take up the
18 controversial calendar, please, Mr. President.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the controversial calendar.
21 THE SECRETARY: On page 32,
22 Calendar Number 601, by Senator Farley, Senate
23 Print 1379, an act to amend the Banking Law and
3955
1 the Criminal Procedure Law, in relation to the
2 regulation of licensed transmitters of money.
3 SENATOR STACHOWSKI: Explanation.
4 ACTING PRESIDENT KUHL: Senator
5 Farley, an explanation of Calendar Number 601
6 has been asked for by Senator Stachowski.
7 SENATOR FARLEY: Thank you, Mr.
8 President.
9 This particular bill is one that
10 came out of some money laundering hearings that
11 was held by the Senate Banking Committee a
12 couple years ago, and it has passed the Senate
13 unanimously every year since those hearings.
14 Actually, what this does, it licenses money
15 transmitters and makes them subject to the
16 general powers of the Superintendent of Banks.
17 One of the great criminal
18 problems in our state is the laundering of money
19 as a result of drug transactions, and so forth,
20 and the Banking Law currently authorizes the
21 Superintendent of Banks to require certain
22 financial institutions to appear and explain
23 apparent violations and to discontinue
3956
1 unauthorized, unsafe practices and to keep books
2 and accounts, and so forth. These powers are
3 important for ensuring that financial
4 institutions are operated in a safe, sound
5 manner.
6 Section 39 currently is
7 applicable to banking institutions, mortgage
8 bankers and brokers, licensed lenders and
9 licensed check cashers. Money transmitters
10 should also be specifically included within this
11 section. Because of the nature of the business,
12 consumers are especially vulnerable to any
13 unsound, illegal activities of money
14 transmitters.
15 A customer pays funds to the
16 transmitter with the expectation that the money
17 will be transmitted and that the instrument or
18 the travelers check will be honored. The
19 Superintendent of Banks has brought authority to
20 regulate the money transmitter industry.
21 However, it is desirable that the
22 Superintendent's authority to regulate money
23 transmitters be consistent with the
3957
1 Superintendent's authority to regulate other
2 financial entities.
3 This is a piece of legislation
4 that is supported by almost every segment of our
5 society with the possible exception of the
6 criminal element, and I think it's a good piece
7 of legislation. I think it's a piece of
8 legislation. Unfortunately, it keeps falling
9 between the cracks and doesn't get done in the
10 other house because -- I don't know of any -
11 any objection to the legislation.
12 Basically, it authorizes the
13 issuance of eavesdropping and video-surveillant
14 warrants for illegal transmitter activities. It
15 also expands the money transmitter penalties,
16 and it clarifies that licensed money
17 transmitters are subject to the general power of
18 the Superintendent of Banks.
19 ACTING PRESIDENT KUHL: Senator
20 Stachowski.
21 SENATOR STACHOWSKI: Mr.
22 President, will the Senator yield for a
23 question?
3958
1 SENATOR FARLEY: Certainly.
2 ACTING PRESIDENT KUHL: The
3 Senator yields.
4 SENATOR STACHOWSKI: The only
5 question I have is you said that the bill falls
6 between the cracks. Can you tell us, in your
7 negotiating with the Assembly, why they won't
8 pass this bill, since everyone seems to be in
9 support of it?
10 SENATOR FARLEY: No, I can't.
11 It's -- generally speaking, it baffles me. I
12 think that your learned counsel, Mr. Boxley,
13 could tell you that some of the frustrations
14 that we have in the Assembly with some of the
15 legislation particularly when it concerns
16 criminal activity and that sort of thing, we -
17 I presume -- and I cannot speak for them -- I
18 presume that it's one that just is not very high
19 on their agenda.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
3959
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 58.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 624, by Senator Lack, Senate Print 6656-A, an
9 act to amend the Civil Practice Law and Rules,
10 in relation to peremptory challenges.
11 SENATOR STACHOWSKI: Explanation.
12 ACTING PRESIDENT KUHL: Senator
13 Lack, an explanation of Calendar Number 624 has
14 been asked for by Senator Stachowski.
15 SENATOR LACK: Thank you, Mr.
16 President.
17 Mr. President, this is a bill
18 that was introduced at the request of the chief
19 administrative judge, which would change the
20 number of peremptory challenges from three for
21 each party to a combined total of three for the
22 parties on each side, together with one
23 challenge for every two alternate jurors as part
3960
1 of the program to streamline state jury
2 practice, to put it more in conformance with
3 federal jury practice which, of course, the
4 judge conducts just about the entire voir dire.
5 This would only pertain to civil cases.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 30th day.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 50...
14 ACTING PRESIDENT KUHL: Senator
15 DeFrancisco to explain his vote.
16 SENATOR DeFRANCISCO: I just want
17 to explain why I'm voting no on this bill.
18 To decrease the peremptory
19 challenges to a party in a lawsuit to this
20 level, I think would provide a fair -- an unfair
21 situation for a party.
22 If you're going to share
23 peremptory challenges between two defendants in
3961
1 a civil action, for example, and that share is
2 only three, there may be differences of opinion
3 as to what the appropriate defense may be
4 between the defendants.
5 Similarly, it could be a multiple
6 plaintiff situation, although less likely where
7 the plaintiffs may have differences of opinion
8 as to the theory of the case, and the type of
9 juror may be wanted by one of the parties on the
10 same side and not the other.
11 So, from my perspective, I
12 believe that it's -- Senator Lack just gave me
13 some information which didn't change my mind,
14 but I believe that -- I believe that this would
15 be a bad change and, therefore, I vote no.
16 THE SECRETARY: Ayes 56, nays 2,
17 Senator DeFrancisco and Kuhl recorded in the
18 negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Senator Bruno.
22 SENATOR BRUNO: Mr. President,
23 can we return to reports of standing
3962
1 committees? I believe the report from Local
2 Governments is at the desk.
3 ACTING PRESIDENT KUHL: You're
4 correct, Senator Bruno. I'll ask the Secretary
5 to read.
6 THE SECRETARY: Senator Rath,
7 from the Committee on Local Government, offers
8 up the following bill directly for third
9 reading: Senate Print 7377, by Senator Larkin,
10 an act to amend Chapter 708 of the Laws of 1992,
11 amending the General Municipal Law and other
12 laws relating to the deposit and temporary
13 investment of monies.
14 ACTING PRESIDENT KUHL: Without
15 objection, the bills are ordered directly to
16 third reading.
17 Senator Bruno.
18 SENATOR BRUNO: Are there any
19 things, Mr. President, at the desk that should
20 have the attention of this chamber?
21 ACTING PRESIDENT KUHL: No.
22 There's no housekeeping, Senator.
23 SENATOR BRUNO: There is no
3963
1 housekeeping. The Lieutenant Governor doesn't
2 like to hear the word "housekeeping" at the
3 desk.
4 Mr. President, there being no
5 further business to come before the Senate, I
6 move that we stand adjourned until Monday at
7 3:00 p.m., intervening days to be legislative
8 days.
9 ACTING PRESIDENT KUHL: Without
10 objection, the Senate stands adjourned until
11 Monday, April 29th at 3:00 p.m., all intervening
12 days to be legislative days.
13 (Whereupon, at 12:25 p.m., the
14 Senate adjourned.)
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