Wednesday, April 24, 1996

3885 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 24, 1996 10 10:00 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 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.) 15 16 17 18 19 20 21 22 23