Tuesday, February 27, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 27, 2007 11 3:09 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 I would ask everyone assembled to 5 please rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: Our invocation 10 today will be delivered by the Reverend Robert 11 Richardson, of the North Central Assembly of 12 God, in North Syracuse. 13 REVEREND YOUNG: Let us pray. 14 Good afternoon, Father. This is 15 the day that You have made; we will rejoice 16 and be glad in it. 17 We acknowledge, Father, that You 18 govern in the affairs of men and that there is 19 no authority but what comes from You. 20 And so I pray, Father, that this 21 body is -- they exercise the authority that 22 You've granted them, that they would do so as 23 those under authority, that they would serve 24 with humility and also with wisdom. And we 25 know that the fear of the Lord is the

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(518) 371-8910 1 beginning of wisdom. 2 We pray that they would rule with 3 integrity and to bring justice and to prosper 4 the people of this great state. 5 In Jesus' name, I pray. Amen. 6 THE PRESIDENT: Thank you, 7 Father. 8 And thank you, Senator DeFrancisco, 9 who wanted to inform this chamber that 10 Syracuse University has won another game. 11 The reading of the Journal. 12 THE SECRETARY: In Senate, 13 Monday, February 26, the Senate met pursuant 14 to adjournment. The Journal of Sunday, 15 February 25, was read and approved. On 16 motion, Senate adjourned. 17 THE PRESIDENT: Without 18 objection, the Journal stands approved. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 24 Communications and reports from 25 state officers.

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(518) 371-8910 1 Motions and resolutions. 2 Senator Young. 3 SENATOR YOUNG: Thank you, 4 Mr. President. 5 I move that the following bills be 6 discharged from their respective committees 7 and be recommitted with instructions to strike 8 the enacting clause: Senate 858. 9 THE PRESIDENT: So ordered. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, I 12 move that we adopt the Resolution Calendar, 13 with the exception of Resolutions 517 and 616. 14 THE PRESIDENT: All in favor of 15 adopting the Resolution Calendar, excepting 16 Resolutions 517 and 616, please indicate so by 17 saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The Resolution 22 Calendar, with exceptions, is adopted. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 if we could take up Resolution 517, by Senator

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(518) 371-8910 1 Winner, have the title read, move for its 2 immediate adoption and open it up for 3 sponsorship. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: By Senator 7 Winner, Legislative Resolution Number 517, 8 memorializing Governor Eliot Spitzer to 9 proclaim May 21 through May 28, 2007, as 10 Mitochondrial Disease Awareness Week in the 11 State of New York. 12 THE PRESIDENT: All in favor 13 please indicate so by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The resolution is 18 adopted. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 we'll put everybody on the resolution. If 22 they wish not to sponsor it, they should 23 notify the desk. 24 And if we could take up Resolution 25 616, by Senator Maltese, have the title read

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(518) 371-8910 1 and move for its immediate adoption. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: By Senator 5 Maltese, Legislative Resolution Number 616, 6 memorializing Governor Eliot Spitzer to 7 proclaim Tuesday, March 6, 2007, as Arts Day 8 in the State of New York. 9 THE PRESIDENT: All those in 10 favor. 11 (Response of "Aye.") 12 THE PRESIDENT: Those opposed, 13 nay. 14 (No response.) 15 THE PRESIDENT: The resolution is 16 adopted. 17 Senator Skelos. 18 SENATOR SKELOS: Yes, 19 Mr. President. We'll put all members on the 20 resolution. If they wish not to cosponsor, 21 they should notify the desk. 22 And if we could go to the 23 noncontroversial reading of the calendar. 24 THE PRESIDENT: All members will 25 be included in Resolutions 517 and 616. Those

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(518) 371-8910 1 members wishing not to be on the resolutions 2 please indicate so at the desk. 3 SENATOR SKELOS: Mr. President, I 4 believe there's one substitution at the desk. 5 If we could make it at this time. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: On page 15, 9 Senator Golden moves to discharge, from the 10 Committee on Civil Service and Pensions, 11 Assembly Bill Number 4697 and substitute it 12 for the identical Senate Bill Number 2509, 13 Third Reading Calendar 177. 14 THE PRESIDENT: Substitution 15 ordered. 16 We will now have the 17 noncontroversial reading of the calendar. The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 11, by Senator Skelos, Senate Print 432, an 21 act to amend the Penal Law, in relation to 22 sexual assault. 23 THE PRESIDENT: The Secretary 24 will read the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 THE PRESIDENT: The Secretary 4 will please call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 40. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 56, by Senator Rath, Senate Print 675A, an act 11 to amend the Penal Law and others, in relation 12 to establishing the offense of aggravated 13 murder of a child. 14 THE PRESIDENT: Last section. 15 THE SECRETARY: Section 24. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE PRESIDENT: Results. 20 THE SECRETARY: Ayes, 39. Nays, 21 1. Senator Duane recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 59, by Senator Flanagan --

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(518) 371-8910 1 THE PRESIDENT: Senator Rath, why 2 do you rise? 3 SENATOR RATH: I wanted to 4 explain my vote. 5 THE PRESIDENT: Without 6 objection, Senator Rath to explain her vote on 7 Senate 675A. 8 SENATOR RATH: Thank you, 9 Mr. President. 10 I want to thank all of my 11 colleagues for their support. This bill, you 12 may recall when we talked about it on the 13 floor last year, was Nixzmary's Bill. The 14 kind of circumstance that happened to that 15 child should never happen to any child 16 anywhere, any time. 17 This piece of legislation will act 18 as a deterrent. It will act as a model piece 19 of legislation, I think, for other places in 20 the country that have not experienced such a 21 heinous crime as happened here in New York 22 State. And I am very proud to see the Senate 23 get behind this thing the way we have today. 24 Thank you. 25 THE PRESIDENT: Senator Rath will

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(518) 371-8910 1 be recorded in the affirmative. 2 The bill is passed. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 59, by Senator Flanagan, Senate Print 697, an 6 act to amend the Penal Law and the Correction 7 Law, in relation to endangering the welfare of 8 a child. 9 THE PRESIDENT: Last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 90th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: Results. 15 THE SECRETARY: Ayes, 43. 16 THE PRESIDENT: The bill is 17 passed. 18 Could we have a little order in the 19 chamber before I have to find out if this 20 thing really works. 21 (Laughter.) 22 THE SECRETARY: Calendar Number 23 115, by Senator Maziarz, Senate Print 510, an 24 act to amend Section 1 of Chapter 536 of the 25 Laws of 2006.

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(518) 371-8910 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 43. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 116, by Senator Maziarz, Senate Print 520, an 11 act to amend the Real Property Tax Law, in 12 relation to the small claims assessment review 13 program. 14 THE PRESIDENT: Last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 47. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 120, by Senator Skelos, Senate Print 2271A, an 24 act to amend Chapter 20 of the Laws of 2006, 25 amending the Real Property Tax Law.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE PRESIDENT: Results. 8 THE SECRETARY: Ayes, 47. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 151, by Senator Flanagan, Senate Print 832, an 13 act to amend the Penal Law, in relation to the 14 commission of aggravated sexual abuse. 15 THE PRESIDENT: Last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the first of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 47. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 154, by Senator Saland, Senate Print 1072, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law, in 2 relation to expanding. 3 THE PRESIDENT: Last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the first day of the 6 calendar month next succeeding. 7 THE PRESIDENT: Call the roll, 8 please. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 49. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 155, by Senator Saland, Senate Print 1073, an 15 act to amend the Criminal Procedure Law, in 16 relation to authorizing. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 51. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 158, by Senator Saland, Senate Print 1085, an 3 act to amend the Penal Law, in relation to 4 consecutive sentencing. 5 THE PRESIDENT: Last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: Announce the 11 results. 12 THE SECRETARY: Ayes, 51. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 159, by Senator Saland, Senate Print 1086, an 17 act to amend the Penal Law and others, in 18 relation to offenses involving sexual 19 performances by a child. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 13. This 23 act shall take effect on the first of 24 November. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 51. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 177, substituted earlier today by Member of 7 the Assembly Silver, Assembly Print Number 8 4697, an act to amend the General Municipal 9 Law and others, in relation to accidental 10 death benefit. 11 THE PRESIDENT: Last section, 12 please. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE PRESIDENT: Results. 18 THE SECRETARY: Ayes, 51. 19 THE PRESIDENT: The bill is 20 passed. 21 That completes the noncontroversial 22 reading of the calendar, Senator Skelos. 23 SENATOR SKELOS: Thank you, 24 Mr. President. 25 There will be an immediate meeting

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(518) 371-8910 1 of the Rules Committee in the Majority 2 Conference Room. 3 And the Senate will stand at ease 4 pending the report of the Rules Committee. 5 THE PRESIDENT: There will be an 6 immediate meeting of the Rules Committee in 7 the Majority Conference Room. 8 The Senate will stand at ease at 9 this time. 10 (Whereupon, the Senate stood at 11 ease at 3:22 p.m.) 12 (Whereupon, the Senate reconvened 13 at 3:30 p.m.) 14 THE PRESIDENT: Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could return to reports of standing 17 committees, there's a report of the Rules 18 Committee at the desk. I ask that it be read 19 at this time. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 3122, by the Senate

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(518) 371-8910 1 Committee on Rules, an act to amend the Civil 2 Service Law and the State Finance Law; 3 And Senate Print 3123, by the 4 Senate Committee on Rules, an act to amend 5 Chapter 113 of the Laws of 2006. 6 Both bills ordered direct to third 7 reading. 8 SENATOR SKELOS: Move to accept 9 the report of the Rules Committee. 10 THE PRESIDENT: All those in 11 favor. 12 (Response of "Aye.") 13 THE PRESIDENT: Opposed. 14 (No response.) 15 THE PRESIDENT: Without 16 objection, the Rules report is accepted. 17 SENATOR SKELOS: Mr. President, 18 if we could take up Calendar 182, Senate 3122 19 at this time. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: In relation to 23 Calendar Number 182, Senator Bruno moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 5843 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3122, 2 Third Reading Calendar 182. 3 THE PRESIDENT: Substitution 4 ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 182, by Member of the Assembly Abbate, 8 Assembly Print Number 5843, an act to amend 9 the Civil Service Law and the State Finance 10 Law. 11 SENATOR SKELOS: Mr. President, 12 is there a message of appropriation at the 13 desk? 14 THE PRESIDENT: Yes, there is, 15 Senator. 16 SENATOR SKELOS: Move to accept. 17 THE PRESIDENT: All in favor. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The message is 22 accepted. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE PRESIDENT: Announce the 4 results. 5 THE SECRETARY: Ayes, 57. 6 THE PRESIDENT: The bill is 7 passed. 8 SENATOR SKELOS: Mr. President, 9 if we could take up Calendar Number 183, 10 Senate 3123. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: In relation to 14 Calendar Number 183, Senator Bruno moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 5844 and substitute it 17 for the identical Senate Bill Number 3123, 18 Third Reading Calendar 183. 19 THE PRESIDENT: Substitution 20 ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 183, by Member of the Assembly Abbate, 24 Assembly Print Number 5844, an act to amend 25 Chapter 113 of the Laws of 2006, amending the

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(518) 371-8910 1 Civil Service Law and others. 2 SENATOR SKELOS: Mr. President, 3 is there a message of appropriation at the 4 desk? 5 THE PRESIDENT: Yes, there is, 6 Senator. 7 SENATOR SKELOS: Move to accept. 8 THE PRESIDENT: All in favor. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The message is 13 accepted. 14 Last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 THE PRESIDENT: The bill is 21 passed. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 if we could continue with reports of standing 25 committees, I believe there's a Finance report

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(518) 371-8910 1 at the desk. I ask that it be taken up at 2 this time. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Senator Johnson, 6 from the Committee on Finance, reports the 7 following nominations. 8 As commissioner of the Department 9 of Agriculture and Markets, Patrick M. Hooker, 10 of Richfield Springs. 11 THE PRESIDENT: Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 move the nomination. 14 And if you would recognize Senator 15 Young, please. 16 THE PRESIDENT: Senator Young. 17 SENATOR YOUNG: Thank you, 18 Mr. President. 19 I am so pleased and proud to second 20 the nomination of Patrick Hooker as 21 commissioner of the Department of Agriculture 22 and Markets in New York State. 23 And as someone who is chair of the 24 Senate Agriculture Committee, I have never 25 seen so much excitement in the farming

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(518) 371-8910 1 community across the state to have Patrick's 2 leadership as far as dealing with some of the 3 very significant issues that we're facing in 4 agriculture right now. 5 Patrick is someone who grew up on a 6 farm. He currently lives on a farm. He says 7 he still has a few horses around. But he 8 understands thoroughly the challenges that we 9 are facing. 10 Agriculture is still the number-one 11 industry in New York State, and we have many 12 difficulties that we have to iron out. 13 Things, for example, in the dairy industry, 14 where we're facing a crisis right now. We 15 have several blights and diseases that are 16 attacking our crops. 17 We have to solve those issues. But 18 at the same time we have so many wonderful 19 opportunities -- things like biofuels. We 20 were talking about ethanol this morning during 21 the confirmation process. Things like getting 22 our upstate products, our vegetables and 23 fruits, in New York City markets. 24 We have the opportunities and I 25 believe that we have the leadership, with

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(518) 371-8910 1 Commissioner Hooker, to get the job done. 2 He has a wonderful background. He 3 graduated from SUNY Morrisville with an 4 associate's agricultural science degree in May 5 of 1982, a couple of years ago, and then he 6 went on to Cornell University, where he earned 7 his bachelor's degree in 1984. 8 But what I like very much about 9 Mr. Hooker is the fact that he has worked in 10 state government for many, many years, first 11 in the Assembly and also in the Senate, as the 12 Agriculture Committee director. And that is 13 invaluable experience that he will put 14 forward. 15 And on top of that, he has worked 16 at the Farm Bureau, public policy director, 17 led their efforts in dealing with the 18 Legislature and the Governor's office to make 19 sure that we thoroughly understood what the 20 farming community wanted and needed. 21 He lives in Otsego County. And one 22 thing that I did not know about him until just 23 this very minute is that he's a triathlete and 24 he's earned the title of Adirondack Tin Man, 25 which is great.

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(518) 371-8910 1 Pat is joined by his family today. 2 His wife is here, Karen Hooker, who is 3 spokesperson for Bassett Hospital. He also 4 has brought along his two children, Mitchell 5 and Erica. And I asked them earlier if they 6 were going to call him "the Commish," and they 7 said they weren't sure yet, at home. 8 And his mom, Trudy Hooker, is here. 9 And I know this is a very meaningful day for 10 the entire family, but especially for mom, 11 because Patrick's dad passed away within 12 recent years. And I know that this is 13 something that he's looking down on and he's 14 very proud of today too. 15 I also want to point out that my 16 former colleague in the Assembly, Dan Hooker, 17 is here today. And so I send my greetings to 18 you too, Dan. 19 But I look forward to working very 20 closely with you to make sure that we're 21 paying enough attention to agriculture and 22 that it not only survives in New York State 23 but that it thrives. And I know that you know 24 the industry up and down, inside and out. And 25 I think -- in fact, I know that we will get a

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(518) 371-8910 1 lot done for agriculture in the coming years. 2 THE PRESIDENT: Senator Seward. 3 SENATOR SEWARD: Thank you, 4 Mr. President. 5 I rise to enthusiastically second 6 the confirmation of Patrick Hooker to be our 7 next commissioner of Agriculture and Markets. 8 He's a resident of the 51st Senatorial 9 District. But even if he was not, I would 10 still rise in support of this great 11 confirmation. 12 And I congratulate the Governor for 13 making this nomination, because Pat Hooker is 14 eminently well qualified to lead agriculture 15 at this very critical juncture in New York 16 State. 17 As Senator Young has indicated, Pat 18 Hooker is a product of two great colleges here 19 in New York State, SUNY Morrisville and 20 Cornell University. He honed his skills as a 21 staffer here in the Senate and also with the 22 Assembly -- I think that's really where he got 23 the great skills that he has, right here in 24 the Legislature as a staff member -- then went 25 on to be a great spokesman and representative

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(518) 371-8910 1 of the agriculture community through his years 2 at the Farm Bureau. 3 He's a well-known quantity here at 4 the Capitol and throughout state government, 5 but also he's very well known and respected in 6 the agricultural community as well, through 7 his years of service in the various capacities 8 impacting agriculture. 9 And I know those contacts and that 10 confidence that everyone in the agricultural 11 industry -- whether it be the farmers on the 12 farm right up through the food processors -- 13 everyone associated with that industry 14 respects Pat Hooker. And I think that's going 15 to be a great thing moving forward. 16 But Pat not only talks the talk, he 17 walks the walk in terms of agriculture. He 18 and his wife, Karen, and their children live 19 on a 360-acre farm near Richfield Springs. 20 They raise hay, board horses, produce maple 21 syrup. That sap ought to be running out 22 today, isn't it, Pat? 23 And there's no question that 24 agriculture today faces many challenges, not 25 the least of which is the price of milk, which

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(518) 371-8910 1 is very, very low at a time when expenses on 2 the farm are very high. That's a tremendous 3 challenge, and there are many others. 4 But it's also a time of great 5 opportunity for agriculture, whether it be in 6 expanding markets for agricultural products, 7 having farmers participate in moving our state 8 forward in the alternative fuel business. 9 That's going to mean some great opportunities 10 on the farm. 11 And it's very important for our 12 economy that we meet these challenges and take 13 advantage of these opportunities. Because as 14 agriculture goes, so goes our New York 15 economy, particularly upstate. So it's 16 critically important that we meet these 17 challenges and take advantage of these 18 opportunities. 19 And I know Pat Hooker, as our next 20 commissioner, he is going to help us a great 21 deal along these lines, because he's 22 energetic, articulate and very able. And he's 23 going to be a great commissioner of Ag and 24 Markets. 25 So I'm very proud to stand to

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(518) 371-8910 1 support this confirmation. I congratulate 2 Pat, the entire Hooker family, as well as the 3 Governor for making this nomination. This is 4 a great day for agriculture. It's a great day 5 for New York State. 6 THE PRESIDENT: Thank you, 7 Senator Seward. 8 The chair recognizes Senator 9 Maziarz. 10 SENATOR MAZIARZ: Thank you very 11 much, Mr. President. I too want to rise and 12 join my colleagues Senator Young and Senator 13 Seward. 14 And just to add my voice of 15 support, I have a great deal of farming 16 communities in my Senate district. And in the 17 past, when Pat was a staffer here and then 18 when he went over to the Farm Bureau, he was 19 always on top of issues involving farms. 20 As Senator Seward pointed out, 21 there's a lot of challenges out there today, 22 particularly at dairy farms, small dairies, 23 and fruit and vegetable growers, with invasive 24 species that we have and various organisms 25 that are coming into play today.

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(518) 371-8910 1 But really to have somebody with 2 the experience of Commissioner Hooker is, I 3 think, a great move on the part of this 4 Governor -- and Lieutenant Governor, by the 5 way. 6 And I know that we around this 7 arena know of Pat's abilities and everything, 8 but it's great that his mom and his wife and 9 his kids are here too, because I think it 10 shows you how much respect and admiration that 11 we have on both sides of the aisle, and across 12 the board here in both houses, that we have 13 for your husband and your son and your father. 14 Thank you, Mr. President. 15 THE PRESIDENT: Senator Griffo. 16 SENATOR GRIFFO: Thank you, 17 Mr. President. 18 We all know that it has to start 19 somewhere. And though Pat is not a resident 20 of my county -- he's a neighbor -- I know that 21 he got his start in my district when he 22 attended the Oswegatchie Camp for Future 23 Farmers of America in Croghan. And I'm sure 24 that he had some fond memories from that time, 25 and I know it really developed his leadership

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(518) 371-8910 1 skills, because he was then selected as a 2 New York State Future Farmers of America 3 president. 4 So I have gotten to know Pat 5 because I knew his wife, Karen, who was a 6 television reporter at WKTV in Utica who 7 covered me as mayor and county executive. And 8 I can say simply that she was one of the 9 finest reporters and journalists that I've had 10 the chance to work with. They are a great 11 family. 12 He does possess great knowledge and 13 experience. There are many critical issues 14 that are facing agribusiness, and it is so 15 vital to the future of this state. But I am 16 confident in his ability and the partnership 17 that he has with his wife and family that we 18 have someone who has the energy. He's a Tin 19 Man who doesn't need oil, and he will be very 20 aggressive in developing new ideas and 21 concepts to face the critical issues that 22 confront this state and this particularly 23 important agribusiness component of our 24 economy. 25 So I also today am proud to

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(518) 371-8910 1 congratulate the Hooker family and know that 2 we have an outstanding and exceptional public 3 servant but, more importantly, an 4 extraordinary human being here to lead us in 5 the future. 6 Congratulations to the Hookers, and 7 I look forward to working with you to advance 8 agriculture and to make this a very successful 9 four years. 10 THE PRESIDENT: Senator 11 Maziarz -- sorry. Senator Nozzolio. 12 SENATOR NOZZOLIO: Thank you, 13 Mr. President. They mistake us -- a lot 14 alike -- often. 15 Mr. President and my colleagues, I 16 rise to echo the comments of Senator Young and 17 Senator Seward for their complimenting this 18 outstanding appointment. It is indeed a 19 blessing to see someone so well suited for a 20 particular position, one who is skilled in the 21 realities of our state's number-one industry 22 as well as the policies that affect that 23 industry. 24 And from his experience -- I didn't 25 realize that he launched his career in your

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(518) 371-8910 1 district, Senator Griffo, but it certainly was 2 a great place from which to launch. 3 To see him, though, come into this 4 environment in the State Legislature, where I 5 had my first workings with Pat Hooker in the 6 New York State Assembly, then again in the 7 New York State Senate, we really do appreciate 8 having someone who understands the legislative 9 process, who understands real farming, who 10 understands ag policy -- all brought into one 11 very, very intelligent and dynamic individual. 12 Senator Seward mentioned the 13 challenges of agriculture. And frankly, we 14 see our number-one industry challenged in many 15 different ways. That agriculture bears the 16 brunt first of global competition. The world 17 was flat for agriculture long before it was 18 flat for other manufacturing enterprises. 19 The challenges of growing product 20 in crop in this state have long been met with 21 the experience of applied researchers at 22 Cornell University. And I know Commissioner 23 Hooker is well aware of what that resource is 24 all about. That we like to think that in the 25 Central Finger Lakes, the swath of territory

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(518) 371-8910 1 between Ithaca, with the situs of Cornell, 2 north into the Experiment Station, which has 3 been doing applied agriculture research in 4 Geneva, New York, for over 150 years, that 5 that region of the state will hold the key to 6 many components of our value-added agriculture 7 of the 21st century. 8 Pat Hooker, before the Ag 9 Committee, certainly demonstrated his 10 awareness of how food science is the key and 11 then how research in food science can help 12 revitalize the upstate economy. 13 The other components of agriculture 14 that are becoming new, in the sense that 15 agriculture holds the key -- as the 16 skyrocketing price of oil, now again over $60 17 a barrel, and we're certainly not going to be 18 seeing oil prices stable or on the decline in 19 the near future. But to see agriculture as 20 the key to our energy production, both through 21 the production of fuels to drive our 22 automobiles, like ethanol, as well as to see 23 commodities that come from the farm be used 24 for other energy production. 25 That is something that the

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(518) 371-8910 1 commissioner, that Pat Hooker as commissioner, 2 will be well suited to bring us out of the 3 regulatory morass that has existed with the 4 generation and wielding of energy, so that 5 here agriculture can be a key component to our 6 energy needs. 7 The commissioner is well-stated, 8 well-positioned, well-educated, 9 well-backgrounded for this position. And that 10 I am very proud to cast my vote of support for 11 Pat Hooker, Commissioner of Agriculture. 12 Thank you, Mr. President. 13 THE PRESIDENT: Thank you very 14 much, Senator Nozzolio. 15 Senator Wright. 16 SENATOR WRIGHT: Thank you, 17 Mr. President. 18 I too rise to join my colleagues in 19 acknowledging the expertise that Pat Hooker 20 brings to the position of Commissioner of 21 Agriculture. 22 And I've had numerous occasions 23 when Pat has been in the district -- he's no 24 strange to the North Country. He's well aware 25 of the importance of agriculture as the

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(518) 371-8910 1 cornerstone of the economy in the North 2 Country. 3 I'm particularly pleased to see 4 that the Governor has nominated Pat. I think 5 he brings the expertise to the agency that has 6 long been part of the standard of being 7 Commissioner of Ag in this state, which 8 remains a preeminent state in the nation when 9 it comes to agriculture. 10 Pat is up to that task of 11 maintaining that strong tradition. He brings 12 the background, the knowledge, the firsthand 13 experience, the day-to-day experience of 14 paying taxes on a farm. He knows what 15 property taxes do to a farmer. He knows what 16 the cost of energy does to a farmer. He's 17 going to bring that firsthand knowledge to 18 assist us in developing the policies that this 19 state needs to move forward, to grow the 20 economy, to change the diversity of 21 agriculture, and to strengthen the upstate 22 economy. 23 I'm very pleased to rise and join 24 my colleagues in supporting the nomination. 25 Congratulations, Commissioner, and to all of

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(518) 371-8910 1 your family. 2 THE PRESIDENT: Senator Valesky. 3 SENATOR VALESKY: Thank you, 4 Mr. President. I too rise in support of the 5 nomination of Pat Hooker as Commissioner of 6 the Department of Agriculture and Markets. 7 I think it is important for all of 8 us as members of this Senate to step back for 9 a moment and realize that today begins the 10 process of confirming a slate of new 11 commissioners who will head the executive 12 agencies of state government under our new 13 Governor. 14 And we think back only a few short 15 months ago, when the first nominations were 16 being made, and the Governor made very clear 17 that it was his intent to find the best and 18 the brightest to head his executive agencies. 19 And we begin today with certainly one of the 20 best and one of the brightest. 21 As we have heard from my colleagues 22 on the other side of the aisle, Pat Hooker has 23 a distinguished career working for the 24 New York State Farm Bureau, and in other 25 capacities prior to that, in regard to support

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(518) 371-8910 1 of the agriculture industry. And the Governor 2 would be hard-pressed to find anyone better 3 and brighter than Pat Hooker to serve as 4 Commissioner of the Department of Agriculture 5 and Markets. 6 So, Pat, congratulations. I very 7 much look forward to working with you. I know 8 all of us do here in this chamber. But 9 certainly the farmers and everyone associated 10 with the agriculture industry is very excited 11 about this nomination today. Congratulations. 12 THE PRESIDENT: Senator LaValle. 13 SENATOR LaVALLE: Thank you, 14 Mr. President. 15 This morning Pat Hooker appeared 16 before the Senate Committee on Agriculture, 17 and it was very, very apparent how 18 knowledgeable he was. I made a comment -- Pat 19 graduated May of 1984 from Cornell. And my 20 comment was, after looking at his resume, that 21 in that May graduation I think he said to 22 himself he wanted to be Commissioner of 23 Agriculture. And he, you could see in a very 24 lockstep way, has moved through, gaining 25 valuable experiences, and will make just a

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(518) 371-8910 1 great commissioner. 2 And I think the Governor should be 3 congratulated on this appointment. It's 4 really a good one. And the entire farm 5 community will benefit from his expertise. 6 He'll bring a lot of energy to the position 7 and I'm sure, using Governor Spitzer's words, 8 a lot of transparency to the agency as he 9 moves forward. 10 Thank you, Mr. President. 11 THE PRESIDENT: Is there any 12 other Senator that would like to speak on this 13 nomination? 14 Hearing none, the question is on 15 the confirmation of Patrick M. Hooker, of 16 Richfield Springs, as Commissioner of the 17 Department of Agriculture and Markets. 18 All those in favor please indicate 19 so by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: Patrick M. 24 Hooker, of Richfield Springs, you are hereby 25 confirmed as Commissioner of Agriculture and

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(518) 371-8910 1 Markets. 2 Mr. Hooker is here today with his 3 wife, Karen, his daughter, Erica, his son, 4 Mitchell, and his mother, Trudy. 5 As per the remarks of Senators 6 Young and Maziarz, Seward, Griffo, Nozzolio, 7 Wright, Valesky and LaValle, congratulations 8 to all of you and best wishes as Commissioner 9 of the Department of Agriculture and Markets. 10 (Applause.) 11 THE PRESIDENT: Congratulations 12 to a Tin Man that doesn't need oil. 13 (Laughter.) 14 THE PRESIDENT: So says Senator 15 Griffo. 16 The Secretary will read. 17 THE SECRETARY: As state director 18 of the Division of Probation and Correctional 19 Alternatives, Robert M. Maccarone, Esquire, of 20 White Plains. 21 SENATOR SKELOS: Move the 22 nomination, Mr. President. 23 THE PRESIDENT: Senator Nozzolio. 24 SENATOR NOZZOLIO: Thank you, 25 Mr. President.

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(518) 371-8910 1 Mr. President, here too we have 2 before us an outstanding nominee to be the 3 commissioner or state director of the Division 4 of Probation and Correctional Services. 5 Robert Maccarone has been before 6 this Senate before. He has served in the 7 capacity that he is now being confirmed for 8 already, so this is a reappointment. But it's 9 a reappointment that the Committee on Crime 10 Victims, Crime and Corrections was extremely 11 impressed that Governor Spitzer would continue 12 the service of Bob Maccarone, because he 13 certainly deserves to continue in his 14 important responsibility. 15 Bob Maccarone has demonstrated 16 clearly, time and again, his understanding of 17 the criminal justice system, his involvement 18 with parole. His advice and counsel to the 19 committee today was invaluable as we look to 20 legislative measures to make our streets 21 safer, make our prisons and other criminal 22 justice systems work more effectively and 23 efficiently. 24 This is truly an individual who has 25 done an outstanding job in the job, and that

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(518) 371-8910 1 I'm very pleased that Governor Spitzer, and I 2 know the committee is pleased that Governor 3 Spitzer would continue Bob Maccarone's 4 appointment. It's an excellent one, very well 5 deserved, and we certainly fully support it. 6 Thank you, Mr. President. 7 THE PRESIDENT: Thank you, 8 Senator Nozzolio. 9 Senator Hassell-Thompson. 10 SENATOR HASSELL-THOMPSON: Thank 11 you, Mr. President. I rise to add my 12 nomination to that of Bob Maccarone as someone 13 from Westchester County who had known his work 14 and who has revered the kinds of passion that 15 he brings to this job. 16 I have not always been a champion 17 of many of our people in parole and 18 corrections in the past, but I think that Bob 19 stands head and shoulders above the crowd, 20 that he understands the job that he has to do 21 and does it with compassion. And somehow that 22 sounds like an oxymoron, but in this 23 individual he's successful in doing both very 24 well. 25 So I am very pleased to stand and

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(518) 371-8910 1 second this nomination for Bob Maccarone. 2 Thank you. 3 THE PRESIDENT: The question is 4 on the confirmation of Robert M. Maccarone, of 5 White Plains, as director of the Division of 6 Probation and Correctional Alternatives. All 7 those in favor please indicate so by saying 8 aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: Robert M. 13 Maccarone, Esquire, of White Plains, you are 14 hereby confirmed as the director of the 15 Division of Probation and Correctional 16 Alternatives. 17 Thank you for your previous 18 service, and good luck in the future. 19 (Applause.) 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: As commissioner 23 of the Office of Alcoholism and Substance 24 Abuse Services, Karen M. Carpenter-Palumbo, of 25 Albany.

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(518) 371-8910 1 SENATOR SKELOS: Move the 2 nomination, please, Mr. President. 3 THE PRESIDENT: Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. I want to speak on this 6 nominee. 7 The Governor has picked an 8 excellent choice. And I apologize that I 9 couldn't make the Finance Committee meeting; 10 we were in another meeting. But I would have 11 spoke on Karen Carpenter-Palumbo and talked 12 about the relationship that I've developed 13 working with her over the last 18 years, 14 certainly in state service and out of state 15 service. 16 I think the setting up of OASAS a 17 number of years ago and working together to 18 make this division and this state agency 19 become more productive is something that she 20 will do an outstanding job at. 21 I think very often alcoholism is a 22 disease that is sometimes left by the wayside, 23 and it affects a number of individuals. It 24 doesn't matter if you're a professional, it 25 doesn't matter if you're rich or poor. And I

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(518) 371-8910 1 think that this nominee will do an excellent 2 job in bringing to the forefront the issues 3 that need to be addressed as we move forward. 4 And Governor Spitzer has done a 5 great job here. I look forward to working 6 with Karen. And certainly this body, I think, 7 will see that she will be a tremendous asset 8 to his cabinet and the State of New York. 9 THE PRESIDENT: Senator Sampson. 10 SENATOR SAMPSON: Thank you very 11 much, Mr. President. 12 I too rise to congratulate the 13 Governor for this nomination of Karen M. 14 Carpenter-Palumbo. She came before the Health 15 Committee today, which Senator Hannon chairs. 16 And, you know, what she talked about was the 17 issue of prevention, making sure that we take 18 the needed resources that are needed to make 19 sure we concentrate on prevention, but also 20 treatment. But the most important thing is 21 prevention. 22 She will definitely be at the 23 forefront of what needs to be dealt with, 24 especially this whole issue of alcoholism, 25 drug abuse, but most of all prescription drugs

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(518) 371-8910 1 that our young children are using at this 2 point in time in this era in their lives. 3 So I see that she's going to bring 4 vitality to this administration. But most of 5 all, she understands the cares and the 6 concerns that all of my colleagues have when 7 we're talking about the status of our young 8 people. 9 So once again I want to 10 congratulate the Governor, I want to 11 congratulate Ms. Palumbo on doing an excellent 12 job. 13 Thank you very much, Mr. President. 14 THE PRESIDENT: The question is 15 on the confirmation of Karen M. 16 Carpenter-Palumbo, of Albany, as commissioner 17 of the Office of Alcoholism and Substance 18 Abuse Services. 19 All those in favor please indicate 20 so by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: Karen 25 Carpenter-Palumbo, of Albany, you are hereby

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(518) 371-8910 1 confirmed as commissioner of the Office of 2 Alcoholism and Substance Abuse Services. 3 Ms. Palumbo has with us in the 4 gallery today her husband, Bob Palumbo, her 5 children, Kyle and Kyra, her mother, Mary 6 Ellen Carpenter, and her sisters, Christine, 7 Colleen, and C.J. Carpenter. Welcome to all 8 of you. 9 Karen Carpenter-Palumbo, you've 10 been distinguished in the field of substance 11 abuse services for a very long time. 12 Congratulations on this confirmation. 13 (Applause.) 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: As director of 17 the Office for the Aging, Michael J. Burgess, 18 of Delmar. 19 SENATOR SKELOS: Move the 20 confirmation. 21 THE PRESIDENT: Senator Maziarz. 22 SENATOR MAZIARZ: Mr. President, 23 I'll yield to Senator Golden. 24 THE PRESIDENT: Senator Maziarz 25 yields to Senator Golden. This was the second

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(518) 371-8910 1 opportunity we gave Senator Maziarz to speak 2 today that he's declined. 3 Senator Golden. 4 SENATOR GOLDEN: Thank you, 5 Mr. President. 6 It's a privilege to rise today and 7 to approve and have this process not only 8 nominate but make Michael Burgess the director 9 of SOFA. 10 He's a highly motivated change 11 agent who made things happen. Over his 12 lifetime he's belonged to many, many different 13 not-for-profit organizations, and some of 14 which that he's just retired from as an 15 advocate, the New York State Alliance for 16 Retired Americans and the New York Statewide 17 Senior Action Council, of which he has been 18 involved over many years. 19 He was also a past employee, I 20 believe, of SOFA many, many, many years ago. 21 And understanding this system across the state 22 is what we need as a director in SOFA. 23 If it were up to me -- and it's 24 not, it's up to our good Governor to make sure 25 that the responsibilities given to this new

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(518) 371-8910 1 director are increased and that the dollars 2 allocated to SOFA are also increased. Because 3 we believe a man like Mike Burgess can get the 4 job done. He understands the 3 million 5 seniors we have here today in the state of 6 New York that will grow over the next 10 to 15 7 years to 5 1/2 million seniors. He knows that 8 the "Silver Wave" is on its way. And he knows 9 that those seniors are going to have a lot of 10 needs, such as housing, such as pharmacy and 11 prescription drugs, such as Medicaid, 12 Medicare. And he is going to play an 13 instrumental role in making sure that the 14 seniors of today and tomorrow are met, with 15 their challenges that they present to this 16 state, by a director that gets it. 17 So I nominate Michael Burgess for 18 director of SOFA. Thank you. 19 THE PRESIDENT: Just a little 20 extra quiet in the house as Senator Maziarz 21 will address the house. 22 SENATOR MAZIARZ: Thank you very 23 much, Mr. President. 24 I want to join my colleague, the 25 chair of the Senate Aging Committee, Senator

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(518) 371-8910 1 Golden. As a former chair of that committee, 2 I had the opportunity for a number of years to 3 work with Michael Burgess in his various roles 4 with senior advocacy groups. And Michael was 5 always professional, he was always well 6 informed, and he always had the best interest 7 of New York's senior population at heart. 8 Many years ago it was very evident 9 that time had passed the EPIC program by, that 10 the EPIC program rules and regulations were 11 not friendly to seniors. And working with my 12 colleague Senator Morahan and our committee -- 13 and without the invaluable help and research 14 by Mike Burgess, the much better, improved 15 EPIC program that we currently have in 16 New York, which is serving almost, almost four 17 times the number of seniors that it served 18 back in the late 1990s, would not have been 19 possible without the expertise of Michael 20 Burgess. 21 I commend the Governor, the 22 Lieutenant Governor -- for the second time 23 today -- on this very, very good appointment. 24 Thank you, Mr. President. 25 THE PRESIDENT: Senator Wright.

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(518) 371-8910 1 SENATOR WRIGHT: Thank you, 2 Mr. President. 3 I rise to join my colleagues in 4 recognizing Michael Burgess. And I want to 5 point out while the record officially shows 6 that he is from Delmar, it should also reflect 7 that he is a native son of the North Country, 8 in Watertown, and is a frequent visitor to the 9 North Country, as his mother still resides 10 there. 11 And later this week I am -- in 12 fact, I probably will be seeing her as I meet 13 with representatives of the Senior Action 14 Council from St. Lawrence County, who have 15 taught their lessons well to Michael. 16 I've had occasion to work with him, 17 as I believe most everyone in this chamber has 18 over the last number of years, as he has been 19 a very strong advocate, an advocate that 20 demonstrates passion for his constituency and 21 at the same time passion for their concerns 22 and needs. And he's been a very articulate 23 spokesman, educating each and every one of us 24 in the needs of a population that I think we 25 all prize and hold very sacred.

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(518) 371-8910 1 So I look forward to working with 2 you, Mike. I want to extend my personal 3 congratulations. Everybody back home is very 4 proud of you. You're a success story, coming 5 from the North Country. But more importantly, 6 you will serve the people of this state very 7 well. Congratulations. 8 THE PRESIDENT: Senator Morahan. 9 SENATOR MORAHAN: Thank you, 10 Mr. President. 11 I rise also in proud support of 12 Mike's nomination and in support of his 13 confirmation. 14 Mike, it's a great day for you, 15 it's a great day for the Senate, it's a great 16 day for the Governor, it's a great day for our 17 seniors. 18 Congratulations, best wishes, good 19 luck, and never forget EPIC. Thank you. 20 THE PRESIDENT: Senator Krueger. 21 SENATOR LIZ KRUEGER: Thank you, 22 Mr. President. 23 I also rise in congratulations and 24 support for the confirmation of Michael 25 Burgess to be our commissioner of the Office

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(518) 371-8910 1 for the Aging. 2 I've known Michael Burgess since 3 the 1980s, when we were both advocates 4 together working on behalf of social welfare 5 programs and seniors statewide, when he was 6 the director of a group called CENSES, the 7 Statewide Emergency Network for Social and 8 Economic Security. And then I've known him as 9 he went on to the Nonprofit Resource Center, 10 and then to New York State Statewide Action 11 Council, and then the New York State Alliance 12 for Retired Americans. 13 And what I think is terrific about 14 his history as an advocate for seniors leading 15 him to be the next commissioner on behalf of 16 seniors in this state is that he is both 17 grounded in the issues, he's committed to the 18 issues of seniors, and since he has traveled 19 statewide now for decades, learning what kind 20 of programs are out there, what are the needs 21 of senior citizens throughout the state, the 22 different needs that maybe one thing needed in 23 upstate rural New York, another set of issues 24 needing addressing in big urban areas such as 25 New York City -- he not only has talked to the

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(518) 371-8910 1 people whose lives will be affected in his new 2 position as commissioner, he's also gotten to 3 know intimately the direct service providers, 4 the advocates, the government representatives 5 who he will need to continue to work with. 6 But he won't be starting as if it's 7 a new job, he will be taking the knowledge and 8 the information and the advocacy and the goals 9 that he has set out for himself for decades 10 and now have an opportunity to implement those 11 ideas on behalf of the people of New York 12 State. 13 So I don't think that Governor 14 Spitzer could have found a better commissioner 15 for the State Office for the Aging. And as I 16 often say, because I am planning to be a 17 senior, I need to make sure that we have good 18 programs in place for seniors in this state. 19 And since so many of us, 20 statistically, a much larger and larger 21 percentage of the population in this state is 22 in fact already seniors or going to be 23 seniors, living much longer lives, it is a 24 priority we need to pay more attention to, we 25 need to focus more of our time and resources

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(518) 371-8910 1 towards. 2 And I know with Michael Burgess as 3 the commissioner of the State Office for the 4 Aging, we can count on him to continue to push 5 us to do better for seniors in this state. 6 So I also congratulate him and look 7 forward to working with him. 8 And thank you very much, 9 Mr. President. 10 THE PRESIDENT: Senator Stavisky. 11 SENATOR STAVISKY: Thank you, 12 Mr. President. 13 If you've been listening to what 14 the members of this house have said, the one 15 word that keeps recurring is the word 16 "advocate." I think everybody used the word 17 "advocate" in describing Michael Burgess's 18 background and the senior organizations whom 19 he advocated for. 20 I think this is going to be a 21 terrific nomination. I look forward to 22 wonderful things coming from the State Office 23 for the Aging, SOFA. And I congratulate 24 Governor Spitzer on finding an advocate, an 25 advocate with compassion and intelligence and

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(518) 371-8910 1 judgment. 2 And I think the people in this 3 state, as the numbers increase, the numbers of 4 the senior or what I prefer to call older 5 adults increase, the responsibilities will 6 increase and hopefully the funding will 7 increase also. 8 Thank you, Mr. President. 9 THE PRESIDENT: Senator Farley. 10 SENATOR FARLEY: Thank you, 11 Mr. President. 12 I rise to support the nomination of 13 Mike Burgess as the director of the Office for 14 Aging. 15 As the first chairman of the Office 16 of Aging, as chairman emeritus, you know how 17 old I'm getting. But I go back way back with 18 Michael for a long time. And I can't think of 19 anybody that has been more devoted to the 20 elderly and more sincere in his efforts on 21 their behalf than Mike Burgess. 22 I also was born and raised in 23 Watertown, New York. And his father, 24 incidentally -- if Mike is a legend as a young 25 man in aging, his father was a TV and radio

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(518) 371-8910 1 legend as I grew up, Danny Burgess in 2 Watertown. And Mike was nice enough to send 3 me a book on the life of his dad, who was an 4 absolute landmark, if you will, in the 5 Jefferson County area. 6 Michael, you've done a terrific job 7 on behalf of the elderly. I can't think of 8 anybody who would be a better director than 9 you. I know that for those of us -- and you 10 can see all the members that have spoken on 11 your behalf -- that feel how important it is 12 to represent the elderly, we're very, very 13 proud of you. You've had a sparkling career 14 so far, and you're going on to greater things. 15 And I wish you well. Thank you for 16 your service, Michael. 17 THE PRESIDENT: The question is 18 on the confirmation of Michael J. Burgess, of 19 Delmar, as director of the Office for the 20 Aging. All those in favor please indicate so 21 by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Opposed, nay. 24 (No response.) 25 THE PRESIDENT: Michael J.

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(518) 371-8910 1 Burgess, of Delmar, is hereby confirmed as 2 director of the Office for the Aging. 3 Mr. Burgess is here today with his 4 wife, Kate, his son, Joseph, and his daughter, 5 Kathleen. 6 Congratulations, Mr. Burgess, and 7 best wishes in your role in state government. 8 (Applause.) 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: As chairperson of 12 the Consumer Protection Board, Mindy A. 13 Bockstein, of Brooklyn. 14 SENATOR SKELOS: Move the 15 nomination, please. 16 Mr. President. 17 THE PRESIDENT: Senator Skelos. 18 SENATOR SKELOS: Yes, I'd like to 19 comment on the nominee. I know that she's 20 going to be an excellent chairperson, but I 21 just want to reflect back. 22 All of us have wonderful staff 23 people that work with us in formulating 24 legislation. And I'm going back 11 years 25 ago -- and I know former Assemblyman Dan

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(518) 371-8910 1 Feldman is there -- when we worked very 2 closely with Mindy in my office in creating 3 Megan's Law. 4 And at that time there were a 5 number of people that were not sure whether 6 the law would work, it wouldn't work, whether 7 it was constitutional or unconstitutional, 8 whether philosophically it was the wrong way 9 to go. 10 But I had the pleasure of working 11 with Mindy day after day after day, and I can 12 just say that we came up with what I believe 13 is a very good product. But also I was really 14 impressed by her temperament, her focus, and 15 her ability to work with people. 16 So, Mindy, I congratulate you on 17 this nomination and I look forward, in several 18 seconds, to confirming you. 19 THE PRESIDENT: On the 20 nomination, Senator Fuschillo. 21 SENATOR FUSCHILLO: Thank you 22 very much, Mr. President. 23 Today the Committee on Consumer 24 Protection met and moved the nomination to the 25 Finance Committee. But it was clear from the

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(518) 371-8910 1 onset that this nominee has the necessary 2 experience and qualifications, based on her 3 over 25, 26 years of experience in public 4 affairs in the policy area, and with 5 Assemblyman Dan Feldman. Although Senator 6 Flanagan said we shouldn't hold that against 7 her. 8 But her work in the AG's office in 9 the past couple of years ago has given her the 10 necessary ability to run this office. And 11 there's no on-the-job training for this 12 nominee. 13 I commend the Governor. She'll be 14 an excellent chairperson. I look forward to 15 working with her. 16 Congratulations. 17 THE PRESIDENT: The question is 18 on the confirmation of Mindy A. Bockstein, of 19 Brooklyn, as chairperson of the Consumer 20 Protection Board. All those in favor please 21 indicate so by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Opposed, nay. 24 (No response.) 25 THE PRESIDENT: Mindy A.

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(518) 371-8910 1 Bockstein, of Brooklyn, New York, is hereby 2 confirmed as chairperson of the Consumer 3 Protection Board. 4 Supporting her today in the gallery 5 is former Assemblyman Dan Feldman. 6 Ms. Bockstein, as was pointed out 7 earlier by Senator Fuschillo and also Senator 8 Skelos, has worked for a long period of time 9 on a number of different issues. 10 And we all wish you well, 11 Chairperson, as our chairperson of Consumer 12 Protection in New York State. Thank you. 13 (Applause.) 14 THE PRESIDENT: Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 is there any further business to come before 17 the Senate? 18 THE PRESIDENT: No, there is not, 19 Senator. 20 SENATOR SKELOS: There being 21 none, I move we stand adjourned until 22 Wednesday, February 28th, at 11:00 a.m. 23 THE PRESIDENT: The Senate will 24 reconvene on Wednesday, February 28th, at 25 11:00 a.m. Senate is adjourned.

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(518) 371-8910 1 (Whereupon, at 4:18 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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