Regular Session - March 22, 2017

                                                                   1345

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 22, 2017

11                     3:25 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR FRED AKSHAR, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1346

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

 2                ACTING PRESIDENT AKSHAR:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.) 

 9                ACTING PRESIDENT AKSHAR:   Father 

10   Alexander Golubov is with us today to give the 

11   invocation.  He is the Archpriest of the 

12   St. Nicholas Cathedral of the Russian Orthodox 

13   Church in New York.

14                Father.

15                FATHER GOLUBOV:   It is indeed a 

16   singular honor.  Let us pray.

17                O Heavenly King, the Comforter, the 

18   Spirit of Truth, Who art everywhere and fillest 

19   all things, treasury of goodness and giver of 

20   life, come and abide in us and cleanse us from 

21   every impurity and save our souls, O good One.  

22                Amen.  

23                ACTING PRESIDENT AKSHAR:   The 

24   reading of the Journal.

25                THE SECRETARY:   In Senate, 


                                                               1347

 1   Tuesday, March 21st, the Senate met pursuant to 

 2   adjournment.  The Journal of Monday, March 20th, 

 3   was read and approved.  On motion, Senate 

 4   adjourned.

 5                ACTING PRESIDENT AKSHAR:   Without 

 6   objection, the Journal stands approved as read.

 7                Presentation of petitions.

 8                Messages from the Assembly.

 9                Messages from the Governor.

10                Reports of standing committees.

11                Reports of select committees.

12                Communications and reports from 

13   state officers.

14                Motions and resolutions.

15                Mr. Floor Leader.

16                SENATOR DeFRANCISCO:   Before we do 

17   the resolutions, can we please go to the 

18   noncontroversial reading of the calendar.

19                ACTING PRESIDENT AKSHAR:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   188, by Senator Avella, Senate Print 1301, an 

23   act to amend the Family Court Act.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               1348

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 60th day.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Announce 

 7   the results.

 8                THE SECRETARY:   Ayes, 46.  Nays, 

 9   1.  Senator Montgomery recorded in the negative.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   257, by Senator Gallivan, Senate Print 1983, an 

14   act to amend the Public Officers Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the results.

24                THE SECRETARY:   Ayes, 47.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               1349

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   261, by Senator Little, Senate Print 761, an act 

 4   to amend the Environmental Conservation Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Announce 

13   the results.  

14                THE SECRETARY:   Ayes, 47.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   346, by Senator Marcellino, Senate Print 1185, an 

19   act to amend the Navigation Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               1350

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the results.

 4                THE SECRETARY:   Ayes, 47.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                Floor Leader, that completes the 

 8   noncontroversial reading of the calendar.

 9                SENATOR DeFRANCISCO:   Yes, can we 

10   now take up previously adopted Resolution 1117, 

11   read it in its entirety, and then call on Senator 

12   Alcantara.

13                ACTING PRESIDENT AKSHAR:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   Resolution Number 1117, by Senator Alcantara, 

17   memorializing Governor Andrew M. Cuomo to 

18   proclaim April 2017 as Russian American History 

19   Month in the State of New York.

20                "WHEREAS, The history and 

21   participation of people of Russian heritage in  

22   the American experience will be greatly enhanced 

23   and appreciated through the observation of 

24   April 2017 as Russian American History Month in 

25   the State of New York; and 


                                                               1351

 1                "WHEREAS, Individuals of Russian 

 2   heritage such as Ivan Turchaninov, Union Army 

 3   brigadier general; Igor Sikorsky, inventor of the 

 4   helicopter and the multi-engine airplane; 

 5   composers Sergei Rachmaninoff and Igor 

 6   Stravinsky; Yul Bryner and Kirk Douglas, 

 7   Hollywood legends; Serge Brin, cofounder and head 

 8   of the Google Corporation; Irving Berlin, author  

 9   of the song 'God Bless America,' and many others, 

10   have made important contributions to the United 

11   States and the world; and 

12                "WHEREAS, The recognition of such 

13   significant contributions will enhance the 

14   opportunities for Russian American youth to take 

15   pride in their forebears and to identify with 

16   them as role models; and 

17                "WHEREAS, Better knowledge of the 

18   role of Russian Americans in the history of the 

19   United States and of relations between Russia and 

20   America can lead to more productive opportunities 

21   for all; now, therefore, be it 

22                "RESOLVED, That this legislative 

23   body pause in its deliberations to memorialize 

24   Governor Andrew M. Cuomo to proclaim April 2017, 

25   as Russian American History Month in the State of 


                                                               1352

 1   New York, and to urge that during this month 

 2   there be active efforts to examine the subject in 

 3   public schools, colleges, universities and other 

 4   venues, and that events and activities supporting 

 5   interest and attention to Russian American 

 6   history and how Russian Americans have retained 

 7   their cultural identity while contributing 

 8   significantly to the enrichment of New York State 

 9   and America be encouraged; and be it further 

10                "RESOLVED, That copies of this 

11   resolution, suitably engrossed, be transmitted to 

12   the Honorable Andrew M. Cuomo, Governor of the  

13   State of New York; the Honorable Sergey I. 

14   Kislyak, Ambassador of the Russian Federation to 

15   the United States; the Honorable Igor L. 

16   Golubovsky, Consul General of the Russian 

17   Federation in New York; His Eminence Hilarion, 

18   Metropolitan of Eastern America and New York;  

19   Bishop John, Administrator of the Patriarchal 

20   Parishes in the United States; Dr. Olga 

21   Zatsepina, President of RACH-C, the Russian 

22   American Cultural Heritage Center Inc., and Chair 

23   of the Russian American History Month Coalition:  

24   Dr. Cyril Geacintov, President, Russian Nobility 

25   Association in America; and Tatiana Deptola,  


                                                               1353

 1   President of the New Russia Cultural Center, 

 2   Albany, New York."

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   Alcantara.

 5                SENATOR ALCANTARA:   Thank you.  

 6                April 2017 is coming up, and it's 

 7   Russian History Month.  We have a delegation here 

 8   from my district, the 31st, representing the 

 9   Russian community.  We have Dr. Olga Zatsepina, 

10   president of the Russian American Cultural 

11   Heritage Center and chair of the Coalition in 

12   Support of Russian American History Month.  We 

13   have Countess Tatiana Bobrinskoy, grand 

14   chancellor, Order of the Knights Hospitallier of 

15   St. John Russian Grand Priory.  We have Igor 

16   Kochan, leader of the Russian Youth of America.  

17   We have Marina Terentieva, president of the 

18   Institute for Bilingual Research on Long Island.  

19   We have Professor Julio Rodriguez, cofounder of 

20   the Russian American Cultural Heritage Center and 

21   executive director of the Institute of 

22   Puerto Rican Urban Studies.  We also have Marina 

23   Ivannikova, leader of the Russian Orthodox Youth 

24   of America.  We have Linda Branitskaya, 

25   representative of the Russian Language 


                                                               1354

 1   Librarians, Public Libraries of New York.  And 

 2   last, Nikolai Komissarov, who's a photographer 

 3   with the delegation.  

 4                And thank you for allowing me the 

 5   opportunity to welcome my neighbors and friends 

 6   from the Russian community as we move on to 

 7   celebrate Russian American History Month and to 

 8   acknowledge the contributions that the Russian 

 9   community has made to the history not only of 

10   New York City and New York State, but also to the 

11   United States of America.

12                Congratulations, and thank you.

13                ACTING PRESIDENT AKSHAR:   Thank 

14   you, Senator Alcantara.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Thank you.  I 

17   too want to rise and commend the group that is 

18   here representing the Russian community.  

19                But having gone through -- and it's 

20   a wonderful thing that you're here and that there 

21   was this resolution brought on your behalf.

22                I've been doing this for a long 

23   time, and I just want to tell Father Alexander 

24   that that was the most succinct and meaningful 

25   prayer that we've had since I've been here.  And 


                                                               1355

 1   we're going to invite you back as many times as 

 2   you'd like to come.

 3                (Laughter.)

 4                SENATOR DeFRANCISCO:   Thank you.  

 5                ACTING PRESIDENT AKSHAR:   Father, 

 6   on behalf of this great house -- excuse me.  I'm 

 7   sorry, Senator.  

 8                Senator Bailey.

 9                SENATOR BAILEY:  Thank you, 

10   Mr. President.  

11                I rise briefly, I just wanted to 

12   recognize that Countess Tatiana Bobrinskoy is a 

13   constituent of mine, as she resides in the City 

14   of Mt. Vernon.  And it's great that you've made 

15   the trip up, and I commend my colleague Senator 

16   Marisol Alcantara for bringing this resolution to 

17   the floor.  

18                And I commend my colleague in the 

19   Assembly, Assemblyman Luis Sepulveda, for also 

20   bringing this companion resolution to the floor 

21   to recognize the great accomplishments that 

22   Russian Americans have given to this country.  

23                Thank you for coming up.

24                ACTING PRESIDENT AKSHAR:   Thank 

25   you, Senator Bailey.


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 1                Senator Savino.

 2                SENATOR SAVINO:   Thank you, 

 3   Mr. President.  

 4                I also rise, I want to welcome our 

 5   Russian visitors here to the chamber.  And I want 

 6   to thank Senator Alcantara for bringing this 

 7   resolution in recognition of Russian American 

 8   History Month.  

 9                While the Russian community is now 

10   thriving and growing around the state and around 

11   the City of New York, I would bet that I probably 

12   have the largest Russian American and Russian 

13   community -- outside of the former Russian 

14   area -- in New York, and that's in the heart of 

15   Brooklyn, in Brighton Beach, in Coney Island, in 

16   Sheepshead Bay, and moving into Staten Island.  

17                They are a welcome addition to the 

18   parts of South Brooklyn, and in fact they are one 

19   of the most amazing new communities that we have.  

20   If you don't have a Russian community in your 

21   district, I feel bad for you.  Look forward to 

22   having one.  

23                They bring passion, they bring 

24   history, they bring a sense of community.  They 

25   have become involved in every level of their 


                                                               1357

 1   community.  They are truly part of our new 

 2   American heritage, and I welcome you to the 

 3   chamber.  

 4                And to all of us, if you don't have 

 5   a Russian community, find one, get to know them.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT AKSHAR:   Thank 

 8   you, Senator Savino.

 9                Seeing no other members wishing to 

10   be heard, Father, on behalf of this great house, 

11   to you and your delegation, we welcome you and 

12   extend all the privileges and courtesies of the 

13   house.

14                Mr. Floor Leader.

15                SENATOR DeFRANCISCO:   Can we now 

16   take up previously adopted Resolution 1101, by 

17   Senator Serrano, read the title only, and then 

18   call on the Senator to speak.

19                ACTING PRESIDENT AKSHAR:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 1101, by Senator Serrano, 

23   memorializing Governor Andrew M. Cuomo to 

24   proclaim 8:30 p.m. to 9:30 p.m. on Saturday, 

25   March 25, 2017, as Earth Hour in the State of 


                                                               1358

 1   New York.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Serrano.

 4                SENATOR SERRANO:   Thank you very 

 5   much, Mr. President.  

 6                My colleagues have heard me speak 

 7   year after year about the importance of 

 8   recognizing Earth Hour.  And I'm so grateful that 

 9   my colleagues have supported it year after year.  

10                It's happening this Saturday, 

11   March 25th, between the hours of 8:30 and 

12   9:30 p.m.  We ask people across the state to 

13   please turn off their lights or unnecessary 

14   electronics for one hour.  It happens across the 

15   globe.  It's sort of a festive atmosphere where 

16   people participate in a way that allows them to 

17   make a real change.  

18                It may seem symbolic, but it's 

19   actually quite real.  Taking a stand against 

20   global climate change is something that we have a 

21   responsibility to all do.  We can all make a very 

22   positive impact on our environment.  

23                I think what is of particular 

24   significance this year that sets it apart from 

25   previous years is that I fear that there is sort 


                                                               1359

 1   of a stepping away from the many commitments that 

 2   we should be making to bettering our 

 3   environment -- not just for our community now, or 

 4   for our generations now, but for future 

 5   generations.  

 6                So I think it's of critical 

 7   importance that we celebrate Earth Hour this 

 8   year, take a stand in making our community a 

 9   better place and ensuring that our environment is 

10   clean and healthy -- again, not just for us, but 

11   for future generations to come.

12                Thank you.

13                ACTING PRESIDENT AKSHAR:   Thank 

14   you, Senator Serrano.

15                Mr. Floor Leader.

16                SENATOR DeFRANCISCO:   Now can we 

17   take up previously adopted Resolution 1076, by 

18   Senator Hoylman, read the title only, and then 

19   call on Senator Hoylman to speak.

20                ACTING PRESIDENT AKSHAR:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 1076, by Senator Hoylman, 

24   commemorating the 30th anniversary of AIDS 

25   Coalition to Unleash Power.


                                                               1360

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Hoylman.

 3                SENATOR HOYLMAN:   Thank you, 

 4   Mr. President.  And thank you to my colleagues.  

 5                Today with this resolution we are 

 6   commemorating the 30th year of the Aids Coalition 

 7   to Unleash Power, which is known by the acronym 

 8   ACT UP.  ACT UP began in March 1987 in my Senate 

 9   district at the LGBT Community Services Center at 

10   208 West 13th Street.  And it was founded by the 

11   playwright Larry Kramer, who had also founded the 

12   Gay Men's Health Crisis, GMHC.  Kramer, who is 

13   81 years old, still lives in the same building as 

14   he did then -- the same building, by the way, 

15   where Mayor Ed Koch and Congresswoman Bella Abzug 

16   also lived.  Famously, none of them got along, so 

17   you wouldn't want to be caught in the same 

18   elevator as them.

19                But the real origin of ACT UP dates 

20   back to the early 1980s.  And I hold here a copy 

21   of a New York Times article dated July 3, 1981, 

22   with the chilling headline "Rare Cancer Seen in 

23   41 Homosexuals."  That was the beginning of AIDS.  

24                And fast forward to today, in the 

25   United States 636,000 men, women and children 


                                                               1361

 1   have died from AIDS, 100,000 alone in New York 

 2   City.  And across the world, 25 million people 

 3   have died.  

 4                Over a million people are currently 

 5   living with HIV, and internationally that figure 

 6   is 33.4 million -- 33.4 million people across the 

 7   world living with HIV.

 8                Now, the group ACT UP played a 

 9   central role, if not the central role, in getting 

10   public officials like ourselves, and those in 

11   Washington, to listen to patients.  And they did 

12   it through highly orchestrated, photo-ready 

13   guerilla tactics of civil disobedience, like the 

14   time they infiltrated the New York Stock Exchange 

15   and chained themselves to the VIP balcony to 

16   demand the price of AIDS drugs be lowered.  Or 

17   the time when they shut down the FDA for an 

18   entire day while they chanted "Hey hey FDA, how 

19   many people have you killed today?" because the 

20   FDA wasn't approving AIDS drugs fast enough.  Or 

21   when they created that famous logo of the 

22   upside-down pink triangle that stated 

23   "Silence=Death."  

24                And they were really smart about 

25   their advocacy, not just manipulating the media 


                                                               1362

 1   and the political system -- which they did 

 2   brilliantly -- but actually educating themselves 

 3   and their members about the science, about the 

 4   science behind the medicine to treat HIV/AIDS.  

 5   And through this, Mr. President, they practically 

 6   invented patient-centered advocacy.  And we all 

 7   benefit, all of us benefit from that legacy.  

 8                Patient-centered advocacy is now the 

 9   norm for a host of illnesses and conditions.  

10   Organizations fighting cancer and campaigning for 

11   more research funding, like the Susan G. Komen 

12   Foundation, owe a debt to the model of organizing 

13   that was pioneered by ACT UP.  

14                We benefit because ACT UP was one of 

15   the first to champion combination therapies.  

16   That's when you apply multiple drugs to a single 

17   illness or condition.  This was a big advance in 

18   HIV treatment, and now is utilized by a whole 

19   host of different areas, particularly in cancer.  

20                And we benefit -- because of ACT UP, 

21   the FDA is more responsive to patients.  We now 

22   get drugs for all kinds of conditions to patients 

23   faster, thanks to regulatory changes pioneered by 

24   ACT UP.  

25                And we benefit because ACT UP was a 


                                                               1363

 1   trailblazer on fair drug pricing, helping 

 2   convince governments and industry to end the 

 3   price-gouging of life-sustaining drugs.  

 4                And maybe the most, though, enduring 

 5   legacy of ACT UP is the hope, the hope they've 

 6   inspired in millions across the world.  When 

 7   ACT UP began, AIDS was definitely a death 

 8   sentence.  Today, an individual with HIV who is 

 9   on combination antiretroviral therapy can expect 

10   to live a normal life span.  HIV, because of 

11   ACT UP, is a condition, not a death sentence.  

12                And the hope that these patients can 

13   now have to bring their illnesses out of the 

14   shadows and free from stigma is incalculable.  

15   The hope they can actually organize, they can 

16   organize successfully, on their own, all 

17   patients, to make change in Washington and in 

18   Albany and elsewhere, is incalculable.  

19                And finally, the hope, the hope that 

20   ACT UP has helped provide, that you can live a 

21   long, full life --just like my constituent Larry 

22   Kramer, who is still going at age 81, continues 

23   to do.

24                So thank you, Mr. President, for 

25   allowing me to speak on this resolution honoring 


                                                               1364

 1   ACT UP on its 30th anniversary.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Hoylman, thank you.

 4                Mr. Floor Leader.

 5                SENATOR DeFRANCISCO:   Before we 

 6   close, I want to remind members that the Crime 

 7   and Corrections Committee will be meeting 

 8   immediately following session in Room 123 of the 

 9   Capitol.

10                ACTING PRESIDENT AKSHAR:   Crime and 

11   Corrections will be meeting in Room 123 

12   immediately following session.

13                SENATOR DeFRANCISCO:   Is there any 

14   further business at the desk?  

15                ACTING PRESIDENT AKSHAR:   There is 

16   no further business at the desk.

17                SENATOR DeFRANCISCO:   There being 

18   none, I move to adjourn until Thursday, 

19   March 23rd, at 11:00 a.m.

20                ACTING PRESIDENT AKSHAR:   On 

21   motion, the Senate stands adjourned until 

22   Thursday, March 23rd, at 11:00 a.m.

23                (Whereupon, at 3:44 p.m., the Senate 

24   adjourned.)

25