TUESDAY, JANUARY 15, 2019                                      10:56 A.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

                    SILENCE.

                                 (WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

                                 VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

                    OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF MONDAY, JANUARY 14TH.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I MOVE TO

                                          1



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, JANUARY

                    THE 14TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, MAY I HAVE

                    MEMBERS' ATTENTION SO THAT WE CAN ANNOUNCE THE SCHEDULE OF THE DAY?

                                 BEFORE WE DO THAT, MR. SPEAKER, I WOULD LIKE TO SHARE

                    WITH YOU ALL THE QUOTE OF TODAY, IT IS AGAIN FROM MOTHER TERESA, AND IT'S

                    REAL SIMPLE, MR. SPEAKER, IT'S THAT "PEACE BEGINS WITH A SMILE."  PEACE

                    BEGINS WITH A SMILE.

                                 SO, MR. SPEAKER, ON OUR -- THE MEMBERS' DESKS, WE

                    HAVE A MAIN CALENDAR.  WE DO HAVE SOME INTRODUCTIONS AND SOME

                    HOUSEKEEPING BEFORE THAT, BUT OUR PRINCIPAL OR BASIC WORK WILL BE DONE

                    FROM THIS MAIN CALENDAR.  AND MEMBERS SHOULD BE READY TO STAND FOR

                    -- BE AVAILABLE FOR CODES COMMITTEE THAT WILL BE CALLED AT SOME POINT

                    OFF THE FLOOR.

                                 I SHOULD ALSO REMIND MEMBERS THAT THE GOVERNOR WILL

                    BE DOING HIS BUDGET PRESENTATION TODAY AT 2:00 P.M. AT THE HART

                    THEATER.  AND SO WITH THAT GENERAL OUTLINE, MR. SPEAKER, IF THERE ARE

                    ANY INTRODUCTIONS AND/OR HOUSEKEEPING, THIS WOULD NOW BE THE

                    APPROPRIATE TIME.

                                 ACTING SPEAKER AUBRY:  CERTAINLY, MRS.

                    PEOPLES-STOKES.

                                 FOR THE PURPOSES OF AN INTRODUCTION, MR. KIM.

                                          2



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  ON BEHALF OF

                    MY -- OF ASSEMBLYMAN ED BRAUNSTEIN, TONY D'URSO, IT IS MY PRIVILEGE

                    TO WELCOME TO THE FLOOR TODAY THE KOREAN CONSUL GENERAL AMBASSADOR

                    HYO SUNG PARK, AND A NUMBER OF FINE SOUTH KOREAN ASSEMBLY --

                    NATIONAL ASSEMBLY MEMBERS, THE EQUIVALENT TO U.S.

                    CONGRESSMEMBERS, FROM SOUTH KOREA WHO JOINED US, LEADING WITH MS.

                    PARK YOUNG SUN, PYO CHANG --

                                 (APPLAUSE)

                                 PYO CHANG WON.

                                 (APPLAUSE)

                                 KIM KYUNG HYUP.

                                 (APPLAUSE)

                                 LEE DONG SUB.

                                 (APPLAUSE)

                                 HAM JIN KYU.

                                 (APPLAUSE)

                                 AND I'M ALSO JOINED BY MY GOOD FRIENDS, THE

                    KOREAN-AMERICAN LEADERS, THE PRESIDENT AND CHAIR OF THE

                    KOREAN-AMERICAN ASSOCIATION OF GREATER NEW YORK, MS. MIN SUN

                    KIM, AND CHARLES YOON.

                                 (APPLAUSE)

                                 AND, MR. SPEAKER, THEY HAVE JOINED US TODAY BECAUSE

                    AT THE END OF SESSION TODAY WE WILL BE TAKING UP A JOINT RESOLUTION

                    WITH THE SENATE.  THE AMBASSADOR, THE SOUTH KOREAN NATIONAL

                    ASSEMBLY MEMBERS AND OUR KOREAN-AMERICAN LEADERS ARE HERE TODAY

                                          3



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    TO CELEBRATE THE PASSING OF THIS RESOLUTION TO HONOR THE 100TH YEAR OF

                    THE MARCH 1ST MOVEMENT AND TO ACKNOWLEDGE THE SACRIFICE OF HUMAN

                    RIGHTS ACTIVIST AND FREEDOM-FIGHTER YU GWAN-SUN, A 17-YEAR-OLD

                    TEENAGE GIRL WHO DIED IN PRISON A 100 YEARS AGO -- 100 YEARS FIGHTING

                    FOR THE FREEDOM OF KOREA.  ON MARCH 1ST, 1919, YU JOINED A GROUP OF

                    OTHER STUDENTS AND ORCHESTRATED ONE OF THE EARLIEST PROTESTS AGAINST

                    JAPANESE COLONIAL RULE, WHICH ULTIMATELY LED TO HER PARENTS GETTING SHOT

                    ON THE STREET, BUT MOVED AN ENTIRE NATION TO STAND UP, ORGANIZE AND

                    RESIST.  YU WAS TORTURED AND KILLED IN PRISON AT THE AGE OF 17, BUT HER

                    SACRIFICE AND BRAVERY PUSHED MORE THAN TWO MILLION KOREANS, OUT OF A

                    POPULATION OF 20 MILLION, TO RISE UP AND ULTIMATELY REGAIN KOREA'S

                    INDEPENDENCE.  WE'LL BE TAKING UP THIS RESOLUTION LATER TODAY.  I'M

                    JOINED BY A NUMBER OF KOREAN-AMERICAN LEADERS TODAY TO CELEBRATE

                    THIS MONUMENTAL MOMENT FOR ALL OF US.  THANK YOU ALL.  THANK YOU,

                    MR.

                                 (APPLAUSE)

                                 -- SPEAKER, AND PLEASE EXTEND THE PRIVILEGES OF THE

                    FLOOR.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ON BEHALF OF MR.

                    KIM, MR. BRAUNSTEIN, MR. D'URSO, THE SPEAKER AND ALL THE MEMBERS,

                    WE WELCOME THIS DISTINGUISHED DELEGATION FROM KOREA HERE TO THE NEW

                    YORK STATE ASSEMBLY.  WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.

                    WE CALL THIS THE PEOPLE'S HOUSE, AND SO APPROPRIATE THAT YOU HAVE

                    ARRIVED TO CELEBRATE SUCH A HEROINE IN YOUR HISTORY HERE IN THIS PLACE

                                          4



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    AND TIME.  WE THANK YOU FOR YOUR FRIENDSHIP.  WE HOPE THAT YOU WILL

                    ALWAYS BE WELCOME HERE, AND KNOW THAT YOU WILL ALWAYS COME BACK.

                    THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  IT IS MY GREAT PLEASURE TO WELCOME A -- A U.S. GOVERNMENT

                    AND HISTORY CLASS WHO IS UP HERE VISITING US.  THEY'RE FROM

                    SHENENDEHOWA, I'M TOLD.  THEY'RE IN MS. WALSH'S DISTRICT.  THAT SCHOOL

                    DISTRICT IS UP NEAR THE CLIFTON PARK AREA, NOT FAR FROM HERE.  AND THEY

                    ARE 11TH AND 12TH GRADERS.  AND IF YOU WOULD PLEASE EXTEND THE

                    CORDIALITIES OF THE HOUSE TO THIS GREAT GROUP OF STUDENTS WITNESSING

                    GOVERNMENT IN ACTION.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. GOODELL, ON BEHALF OF MS. WALSH, THE SPEAKER AND ALL THE

                    MEMBERS, WE WELCOME THIS CLASS HERE TO THE NEW YORK STATE

                    ASSEMBLY FROM SHENENDEHOWA.  WE HOPE THAT YOU WILL ENJOY YOUR

                    TIME HERE AND LEARN, BECAUSE WE MAKE HISTORY EVERY DAY IN THIS HOUSE.

                    FOR GOOD OR BAD, WE MAKE HISTORY EVERY DAY.  SO, THANK YOU.  WE HOPE

                    TO SEE YOU BACK IN OTHER WAYS OVER YOUR HIGH SCHOOL CAREER.  THANK

                    YOU SO VERY MUCH.  ENJOY THE DAY.

                                 (APPLAUSE)

                                 ASSEMBLYMEMBER LIPETRI FOR THE PURPOSES OF AN

                    INTRODUCTION.

                                 MR. LIPETRI:  THANK YOU, MR. SPEAKER.  I RISE TODAY

                                          5



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    TO INTRODUCE SOMEONE THAT FRANKLY NEEDS NO INTRODUCTION, SOMEONE THAT

                    HAS BEEN A PART OF THIS HOUSE BEFORE, SOMEONE WHO I WISH FOR YOURSELF,

                    MR. SPEAKER AND THIS BODY TO WELCOME BACK TO THIS CHAMBER AND SAY

                    HELLO TO NONE OTHER THAN OUR FELLOW FRIEND, MY FELLOW FRIEND,

                    SUPERVISOR JOE SALADINO, SOMEONE WHO HAS PAID BLOOD, SWEAT, AND I'M

                    SURE SOME TEARS OVER THOSE LATE NIGHT SESSIONS HERE AS ASSEMBLYMAN.

                    AND I ASK THAT YOU, MR. SPEAKER, EXTEND THE CORDIALITIES OF THE HOUSE

                    TO OUR RETURNING FRIEND AND SUPERVISOR, JOE SALADINO.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. LIPETRI, THE SPEAKER AND ALL THE MEMBERS, JOSEPH, WELCOME

                    BACK.  AS A MEMBER, YOU ALWAYS HAVE THE PRIVILEGES OF THE FLOOR.

                    WE'RE ALWAYS GOOD TO SEE YOU, HOPE THAT YOU HAVE HAD A GOOD YEAR AND

                    WILL HAVE A GOOD YEAR COMING UP.  THANK YOU SO VERY MUCH, YOU'RE

                    ALWAYS WELCOME.

                                 (APPLAUSE)

                                 MS. GLICK FOR THE PURPOSES OF AN INTRODUCTION.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  I RISE TO

                    INTRODUCE VARIOUS ORGANIZATIONS, FOLKS WHO ARE HERE TODAY TO WITNESS

                    SOME HISTORY THAT WILL BE MADE IN THIS CHAMBER AND IN THE NEXT

                    CHAMBER ACROSS THE HALL, FOLKS FROM THE TREVOR PROJECT, FROM THE HRC,

                    FROM MARRIAGE EQUALITY AND OTHER ORGANIZATIONS THAT ARE HERE TODAY.  I

                    AM GRATEFUL FOR THE WORK THAT WE HAVE DONE TOGETHER.  THEIR SUPPORT,

                    GUIDANCE AND -- AND LOVE HAS BEEN VERY IMPORTANT TO ME HERE AS I SERVE

                    PEOPLE OF MY DISTRICT AND PEOPLE FROM AROUND THE STATE.  I DO THIS ON

                    BEHALF OF MYSELF, ASSEMBLYMEMBER O'DONNELL AND ASSEMBLYMEMBER

                                          6



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    BRONSON.

                                 THANK YOU VERY MUCH, MR. SPEAKER.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. GLICK, MR. O'DONNELL, MR. BRAUNSTEIN (SIC), THE SPEAKER AND ALL

                    THE MEMBERS, WE WELCOME THESE DISTINGUISHED NEW YORKERS HERE TO

                    THE NEW YORK STATE ASSEMBLY.  WE EXTEND TO YOU THE PRIVILEGES OF THE

                    FLOOR AND HOPE THAT TODAY'S PROCEEDINGS WILL MEAN AS MUCH TO YOU AS IT

                    DOES TO US.  THANK YOU SO VERY MUCH.  WE ARE PLEASED TO HAVE YOU.

                                 (APPLAUSE)

                                 ASSEMBLYMEMBER GRIFFIN FOR AN INTRODUCTION.

                                 MS. GRIFFIN:  HELLO.  THANK YOU, MR. SPEAKER.  I

                    WANTED TO GIVE A WARM WELCOME AND -- TO DAVID KILMNICK OF THE

                    LGBT NETWORK.  HE IS UP HERE TODAY FROM LONG ISLAND TO WITNESS

                    HISTORICAL LEGISLATION BEING PASSED AND I'D LIKE TO WELCOME HIM TO THE

                    ASSEMBLY TODAY.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ON BEHALF OF MS.

                    GRIFFIN, THE SPEAKER AND ALL THE MEMBERS, DAVID, WE WELCOME YOU

                    HERE ALSO TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

                    PRIVILEGES OF THE FLOOR.  THANK YOU FOR THE WORK THAT YOU'VE DONE AND

                    HOPE THAT YOU, TOO, GET GREAT SATISFACTION FROM THE OCCURRENCES OF

                    TODAY.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                          7



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. SAYEGH FOR AN INTRODUCTION.

                                 MR. SAYEGH:  YES, MR. SPEAKER.  I'D LIKE TO TAKE

                    THIS OPPORTUNITY TO WELCOME THE CITY COUNCILMAN AND REPRESENTING THE

                    MAJORITY OF THE CITY COUNCIL OF YONKERS WHO'S HERE REPRESENTING ALSO

                    OF THE LGBT COMMUNITY, AND THAT'S COUNCILMAN MIKE SABATINO.

                    WELCOME.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    MR. SAYEGH, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE,

                    CITY COUNCILMAN, TO THE NEW YORK STATE ASSEMBLY AND, AGAIN, EXTEND

                    TO YOU THE PRIVILEGES OF THE FLOOR.  ALWAYS GREAT TO HAVE COLLEAGUES IN

                    GOVERNMENT JOIN US ON THIS OCCASION.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE CAN

                    GO RIGHT TO CALENDAR 2.  WE'RE GOING TO START OUR WORK TODAY WITH NO.

                    576 BY MS. GLICK, NO. 747 BY MR. GOTTFRIED, NO. 781 BY MR. PERRY AND

                    NO. 881 BY MR. ZEBROWSKI.  WITH THAT, MR. SPEAKER, IF YOU CAN QUIET

                    THE HOUSE, WE CAN HAVE OUR MEMBERS GET STARTED.

                                 ACTING SPEAKER AUBRY:  THANK YOU VERY

                    MUCH.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00576, RULES REPORT

                    NO. 1, GLICK, JAFFEE, O'DONNELL, BARRETT, ZEBROWSKI, L. ROSENTHAL,

                    ABINANTI, ARROYO, BUCHWALD, BRONSON, MAGNARELLI, WEPRIN, LIFTON,

                    SEAWRIGHT, COOK, ENGLEBRIGHT, GALEF, HEVESI, LAVINE, RICHARDSON,

                                          8



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    RYAN, STECK, STIRPE, THIELE.  AN ACT TO AMEND THE EDUCATION LAW, IN

                    RELATION TO PROHIBITING MENTAL HEALTH PROFESSIONALS FROM ENGAGING IN

                    SEXUAL ORIENTATION CHANGE EFFORTS WITH A PATIENT UNDER THE AGE OF 18

                    YEARS AND EXPANDING THE DEFINITION OF PROFESSIONAL MISCONDUCT WITH

                    RESPECT TO MENTAL HEALTH PROFESSIONALS.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. GLICK.

                                 WE ARE ON DEBATE.  MEMBERS, TAKE YOUR SEATS.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  THE BILL

                    BEFORE THE HOUSE WILL BAN THE PRACTICE KNOWN AS CONVERSION THERAPY.

                    THIS IS -- THE BILL WOULD MAKE IT PROFESSIONAL MISCONDUCT FOR A MENTAL

                    HEALTH PROFESSIONAL TO ENGAGE IN ANY SEXUAL ORIENTATION CHANGE EFFORTS

                    UPON A PATIENT WHO IS 18 YEARS OR YOUNGER.  THIS PRACTICE HAS BEEN

                    DISCREDITED BY ALL OF THE MAJOR ASSOCIATIONS, PROFESSIONAL ASSOCIATIONS,

                    FROM THE NEW YORK STATE PSYCHIATRIC ASSOCIATION, THE AMERICAN

                    ASSOCIATION FOR PEDIATRIC MEDICINE, THE NEW YORK STATE SOCIETY FOR

                    CLINICAL SOCIAL WORK AND MANY OTHERS, INCLUDING THE MEDICAL SOCIETY.

                                 THIS -- YOU CANNOT CHANGE WHO A PERSON IS, AND THEY

                    ARE -- ANY ATTEMPTS TO SUGGEST THAT AN INDIVIDUAL'S SEXUAL ORIENTATION

                    CAN BE CHANGED BY AVERSION THERAPY, THE USE OF ELECTROSHOCK THERAPY,

                    ONLY SERVES TO ADD ADDITIONAL PAIN AND SUFFERING TO THE INDIVIDUAL WHO,

                    IN MANY INSTANCES, IS NOT UNCOMFORTABLE WITH WHO ARE THEY ARE, BUT ARE

                    IN A FAMILY WHERE THE ADULTS ARE UNCOMFORTABLE WITH WHO THE

                    YOUNGSTER IS.  AND SO, THERE ARE MANY WAYS IN WHICH FAMILIES CAN GET

                    SERVICES SO THAT ADULTS CAN BECOME COUNSELED WITH THEIR DISCOMFITURE

                                          9



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    WITH THE SEXUAL ORIENTATION OF THEIR CHILD, BUT IT IS NOT APPROPRIATE TO TRY

                    TO USE THESE PERNICIOUS PRACTICES TO CHANGE THE SEXUAL ORIENTATION OF A

                    YOUNG PERSON.

                                 AND SO, THAT IS WHAT THE BILL DOES.  IT IS UNDER THE

                    STATE EDUCATION LAW AND WOULD BE DEEMED PROFESSIONAL MISCONDUCT.

                                 ACTING SPEAKER AUBRY:  MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WILL THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD --

                                 MS. GLICK:  BUT OF COURSE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK, WILL YOU

                    YIELD?

                                 MS. GLICK:  YES.

                                 MR. RA:  THANK YOU.  SO --

                                 ACTING SPEAKER AUBRY:  MS. GLICK YIELDS.

                                 MR. RA:  THANK YOU FOR THAT VERY THOROUGH

                    EXPLANATION, BECAUSE IT ACTUALLY HIT A COUPLE OF THE QUESTIONS THAT I WAS

                    GOING TO ASK, AND PERHAPS YOU ANTICIPATED THAT, SO -- SO, THANK YOU FOR

                    THAT.  ONE OF THE THINGS THAT HAS COME UP, AND I KNOW WE HAVE PASSED

                    THIS BILL A NUMBER OF TIMES.  I ALSO KNOW WE HAVE SEVERAL NEW

                    COLLEAGUES IN THE CHAMBER.  SO, JUST IN TERMS OF, YOU KNOW, YOU

                    MENTIONED THE PROFESSIONAL ASSOCIATIONS THAT, YOU KNOW, HAVE SAID

                    BASICALLY THIS IS A PRACTICE THAT THEY DO NOT AGREE WITH GOING ON WITHIN

                    THEIR PROFESSIONS.  SO, THIS, THEN, TAKES THIS A STEP FURTHER TO PUT IN LAW

                    THAT -- THAT THEY WOULDN'T BE ABLE TO GIVE THIS TYPE OF THERAPY.

                                         10



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 BUT, SOME -- SOME FOLKS HAVE COME UP WITH -- OR HAVE

                    EXPRESSED SOME CONCERNS IN TERMS OF WHAT THE PARAMETERS ARE OF WHAT

                    TYPE OF COUNSELING SOMEBODY COULD PROVIDE.  FOR INSTANCE, YOU KNOW,

                    IF A -- IF A YOUNG PERSON WAS STRUGGLING WITH THEIR GENDER IDENTITY OR --

                    OR WITH THEIR SEXUAL ORIENTATION, COULD THEY GO TO A MENTAL HEALTH

                    PROFESSION, AND HOW WOULD YOU KIND OF ENSURE THAT IT DIDN'T GO IN THE

                    DIRECTION OF BEING ACTUAL, YOU KNOW, CONVERSION THERAPY, AS OPPOSED TO

                    JUST TALKING ABOUT THAT ISSUE A YOUNG PERSON WAS HAVING.

                                 MS. GLICK:  WELL, PERHAPS THE QUESTIONS ARISE FROM

                    PEOPLE WHO HAVE NEVER BEEN IN THERAPY.  BUT ONE CAN BE -- IF THE ISSUE

                    IS THAT SOMEBODY IS SOMEWHAT DEPRESSED, OR SOMEBODY IS STRUGGLING

                    WITH SOCIETAL OR FAMILIAL OR RELIGIOUS HOSTILITY TOWARDS THEIR SEXUAL

                    ORIENTATION, THEN OBVIOUSLY A COUNSELOR CAN ADEQUATELY ADDRESS THOSE

                    CONCERNS WITHOUT TELLING THE YOUNG PERSON THAT THE ANSWER TO THE

                    PROBLEM IS FOR THEM TO SIMPLY PRETEND THAT THEY ARE NOT LESBIAN, GAY,

                    TRANSGENDER.

                                 MR. RA:  OKAY.  AND IN TERMS OF HOW WE, YOU KNOW,

                    WE -- WE WOULD HOPE WE PUT THIS INTO LAW AND, YOU KNOW, I HAVE

                    SUPPORTED THIS LEGISLATION IN THE PAST, AND I'M GOING TO BE TODAY, SO, WE

                    WOULD HOPE THAT THESE PROFESSIONALS WOULD, YOU KNOW, FOLLOW THE LAW,

                    BUT HOW -- HOW WOULD THEY BE, YOU KNOW, CHARGED WITH VIOLATING THIS?

                    IF SOMEBODY WERE TO UNDERTAKE THESE EFFORTS, PRESUMABLY, YOU KNOW,

                    THOSE CONVERSATIONS ARE TAKING PLACE WITHIN A DOCTOR-PATIENT SITUATION.

                    IF, SAY, A PATIENT OR MAYBE A PARENT WERE TO FIND OUT THAT THAT

                    CONVERSATION TOOK PLACE, ARE THERE ANY ISSUES THAT WE NEED TO GET

                                         11



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    AROUND WITH HIPAA OR CONFIDENTIALLY IN TERMS OF BEING ABLE TO REPORT

                    THAT TO THE STATE EDUCATION DEPARTMENT?

                                 MS. GLICK:  WELL, CLEARLY, ANYONE WHO IS A LICENSED

                    MENTAL HEALTH PROFESSIONAL CAN SEEK GUIDANCE FROM THEIR PROFESSIONAL

                    ASSOCIATIONS WHO CAN -- WHICH CAN PROVIDE GUIDANCE ON HOW TO DEAL

                    WITH ANY CONCERN THEY MIGHT HAVE ABOUT CROSSING A LINE.  BUT IT'S PRETTY

                    CLEAR IF THE ISSUE THAT IS -- IF THE THERAPIST BELIEVES THAT THE ONLY WAY IN

                    WHICH AN INDIVIDUAL'S PROBLEMS CAN BE INVOLVED IS SIMPLY BY

                    PRETENDING THEY ARE NOT WHO ARE THEY ARE, THEN OBVIOUSLY THAT THERAPIST

                    NEEDS MORE TRAINING AND EDUCATION.

                                 SO THE -- AS WITH ANY OF THE LICENSED PROFESSIONS, THE

                    -- THE EDUCATION DEPARTMENT ACTS UPON COMPLAINTS, IN WHICH INSTANCE

                    THE STATE EDUCATION DEPARTMENT WOULD RECEIVE A COMPLAINT AND THEN

                    WOULD INVESTIGATE.  AND THEY HAVE THE ABILITY AND THE AUTHORITY TO TALK

                    TO BOTH THE THERAPIST AND THE INDIVIDUAL WHO HAS MADE THE COMPLAINT,

                    AND THEN PROCEED WITH THEIR NORMAL INVESTIGATIVE PROCESS.  BUT IF AN

                    INDIVIDUAL IS A MENTAL HEALTH PROFESSIONAL AND SOMEHOW IS -- WHEN WE

                    SAY THAT THE -- LET ME TAKE A STEP BACK.  WHEN WE SAY THAT THE

                    ASSOCIATIONS ARE SUPPORTING THIS LEGISLATION AND BELIEVE IT GOES AGAINST

                    THE TENETS OF THE PROFESSION, ANYONE WHO IS -- BELIEVES THAT THEY SHOULD

                    CONTINUE TO SUGGEST OR RECOMMEND OR ENGAGE IN ATTEMPTS TO CHANGE

                    SOMEONE'S SEXUAL ORIENTATION, THEY HAVE RECOURSE TO GO TO THESE

                    PROFESSIONAL ASSOCIATIONS AND BE ADVISED AS TO HOW TO PROCEED WITH AN

                    APPROPRIATE THERAPEUTIC PROCESS FOR INDIVIDUALS WHO HAVE SOUGHT THEIR

                    ASSISTANCE.

                                         12



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 BUT I THINK IT'S PRETTY CLEAR THIS IS NOT A NEW

                    DISCUSSION.  THIS HAS BEEN UNDER DISCUSSION IN THIS HOUSE FOR CLOSE TO A

                    DOZEN YEARS, AND HAS BEEN BANNED IN STATES LIKE NEW JERSEY, WHERE IT

                    WAS SIGNED INTO LAW BY GOVERNOR CHRISTIE.  AND SO, OTHER STATES HAVE

                    TAKEN THIS STEP; WE'RE NOT BREAKING NEW GROUND, SADLY.  SO, THERE ARE

                    MANY WAYS IN WHICH INDIVIDUALS COULD, IN FACT, DETERMINE THAT THERE

                    ARE BETTER WAYS TO TREAT THEIR -- THEIR PATIENTS.

                                 MR. RA:  OKAY.  AND LASTLY, THIS DOES NOT APPLY IF

                    THEY'RE SEEKING COUNSELING FROM A RELIGIOUS OFFICIAL OR A MEMBER OF THE

                    CLERGY?

                                 MS. GLICK:  NO, WE -- WE PROVIDE FOR -- THE STATE OF

                    NEW YORK NEVER INTERFERES WITH THE COUNSELING BETWEEN A RELIGIOUS

                    LEADER AND A -- A CONGREGANT EVEN WHEN THOSE, UM, COUNSELING OF AND

                    PASTORAL SERVICES ARE NOT NECESSARILY IN THE BEST INTERESTS OF THE -- THE

                    CONGREGANT.  BUT WE DON'T INTERFERE WITH THAT, NOR DO WE INTERFERE --

                    THIS IS FOR MINORS UNDER THE AGE OF 18.  SO, WE ALLOW ADULTS TO BE

                    DEFRAUDED.

                                 MR. RA:  THANK YOU VERY MUCH.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR. RA.

                                 MR. RA:  AND I -- I THANK THE SPONSOR FOR -- FOR

                    ANSWERING SOME OF THOSE QUESTIONS.  AND, YOU KNOW, I -- I KNOW THAT

                    SOME HAVE EXPRESSED SOME OF THE CONCERNS THAT I MENTIONED EARLIER IN

                    TERMS OF, YOU KNOW, THE PATIENT AND -- YOU KNOW, AND PATIENT RIGHTS.

                    BUT I -- BUT I DO THINK, AS I SAID, THIS DOES -- THIS DOES GET IT RIGHT.  IT'S

                                         13



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    MOVING -- IT'S MOVING US FORWARD.  I KNOW THE SPONSOR HAS LED ON THIS

                    ISSUE FOR A LONG TIME, SO I COMMEND HER AND CONGRATULATE HER THAT, YOU

                    KNOW, IT LOOKS LIKE THIS WILL ACTUALLY BE -- BE COMING INTO LAW.  BUT --

                    BUT I DO THINK IT'S IMPORTANT THAT WE HAVE THOSE, YOU KNOW, RELIGIOUS

                    PROTECTIONS, TO RESPECT THAT RELATIONSHIP, AND I HOPE, THOUGH, THIS WILL

                    HELP PROVIDE SOME PROTECTION TO YOUNG PEOPLE WHO -- WHO ARE

                    STRUGGLING SO THAT THEY CAN GET HELP THAT THEY NEED, BUT NOT DO

                    SOMETHING THAT THESE TRADE GROUPS, THESE PROFESSIONAL ASSOCIATIONS

                    HAVE -- HAVE IDENTIFIED AS SOMETHING THAT -- THAT REALLY MAY BE DOING

                    MORE HARM THAN GOOD TO -- TO A STRUGGLING YOUTH.  SO, I'M GOING TO BE

                    CASTING MY VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. SMITH.

                                 MR. SMITH:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. SMITH:  AS SOMEONE WHO IS OR HAS PREVIOUSLY

                    TAUGHT IN THE CLASSROOM AS A HIGH SCHOOL MATHEMATICS TEACHER, I THINK

                    THIS IS AN IMPORTANT STEP IN THE RIGHT DIRECTION IN ENSURING THAT THE

                    MENTAL HEALTH IS BEING ADDRESSED FOR OUR STUDENTS.  I WANT TO COMMEND

                    THE SPONSOR OF THE BILL.  I'M VERY HAPPY THAT THIS WILL BECOME LAW.  I

                    CAN'T TELL YOU HOW MANY STUDENTS WHEN I WAS TEACHING EXPRESSED

                    UNEASINESS ABOUT DIFFERENT TOPICS.  MANY, YOU KNOW -- UNFORTUNATELY,

                    WE HAVE STUDENTS WHO ARE SUICIDAL AND THEY NEED TO GET THE HELP THAT

                    THEY NEED.  BUT WE ALSO NEED TO MAKE SURE THAT MENTAL HEALTH

                    PROFESSIONALS ARE USING TECHNIQUES AND ARE USING ADVICE AND COUNSEL

                                         14



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    THAT IS APPROPRIATE, AND NOT JUNK SCIENCE AND NOT ENCOURAGING PEOPLE TO

                    BE SOMEONE THAT THEY AREN'T.  SO, FOR THAT REASON, I ENCOURAGE MY

                    COLLEAGUES TO SUPPORT THIS BILL, AND I THANK THE SPONSOR.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  WOULD

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    GLICK?

                                 MS. GLICK:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MS. GLICK YIELDS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS. GLICK.

                    I'M FOLLOWING THE ADVICE OF OUR MAJORITY MEMBER BY EXTENDING MY

                    PEACE TO YOU WITH A SMILE.

                                 OBVIOUSLY, A LOT OF SUPPORT ABOUT ADDRESSING ISSUES

                    THAT MAY CREATE MORE PROBLEMS THAN THEY SOLVE.  AND YOU'VE LAID OUT

                    QUITE EXTENSIVELY IN THIS LEGISLATIVE INTRODUCTION A LOT OF CONCERNS ON

                    CONVERSION THERAPY.  THE CONCERNS THAT SOME OF US HAVE IS THAT THE

                    LANGUAGE IN THE BILL SEEMS TO BE VERY BROAD.  IS IT YOUR INTENT, AS

                    REFLECTED BY YOUR STATEMENT EARLIER IN THE BILL, THAT THIS IS REALLY AIMED

                    AT CONVERSION THERAPY ITSELF?

                                 MR. GLICK:  YES.  THIS -- THE BILL IS CLEAR THAT THIS IS

                    DIRECTED TO EFFORTS TO "CHANGE", ALTHOUGH I PUT THAT IN QUOTES BECAUSE

                    YOU CANNOT CHANGE SOMEONE'S SEXUAL ORIENTATION DESPITE WHAT SOME

                    PEOPLE MIGHT THINK, OR WHAT SOME PARENTS MIGHT HOPE, YOU CAN'T

                                         15



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    CHANGE SOMEBODY'S SEXUAL ORIENTATION.  AND SO, THE BILL IS VERY MUCH

                    DIRECTED AT ATTEMPTS WITHIN A THERAPEUTIC CIRCUMSTANCE TO SUGGEST TO A

                    YOUNG PERSON, BECAUSE THIS IS FOR MINORS, UNDER THE AGE OF 18, TO

                    SUGGEST TO THEM THAT PROBLEMS IN THEIR LIFE COULD BE SOLVED IF THEY

                    SIMPLY WERE NOT GAY OR TRANSGENDER OR BISEXUAL.  SO, THIS IS VERY

                    TARGETED TO SEXUAL ORIENTATION CHANGE ATTEMPTS.

                                 MR. GOODELL:  AND I ASSUME, THEN, BASED ON YOUR

                    COMMENTS, THAT IF AN INDIVIDUAL, A YOUNG PERSON, FOR EXAMPLE, SAID YOU

                    KNOW, I NEED MORE THERAPY BECAUSE I AM STRAIGHT, AS I HOPE THAT'S --

                    "HETEROSEXUAL," I DON'T KNOW WHAT THE RIGHT PHRASE IS ANYMORE, BUT, IF A

                    CHILD SAYS, YEAH, I AM STRAIGHT, BUT I HAVE -- I WANT SOME COUNSELING

                    ABOUT THAT.  THAT WOULD BE OKAY, RIGHT?  SO THERE'S NO ATTEMPT TO

                    CHANGE THEIR PERSPECTIVE, JUST COUNSEL THEM ABOUT THEIR FEELINGS.  AND,

                    OF COURSE, ALL OF US, I THINK, HAVE ALREADY COMPLETED PUBERTY, THAT CAN

                    BE A TOUGH TIME FOR TEENS; THAT'S NOT COVERED BY THIS, IS IT?

                                 MS. GLICK:  NO, THIS -- THIS IN NO WAY SUGGESTS THAT

                    THERAPISTS SHOULD BE RECOMMENDING TO YOUNG PEOPLE, REGARDLESS OF

                    WHAT THEY BELIEVE THEIR SEXUAL ORIENTATION TO BE, THAT THEY -- THAT THE

                    ANSWER TO THEIR PROBLEMS IS TO CHANGE IT.  NOW, THERE MAY BE, AND HAVE

                    BEEN, YOUNG PEOPLE WHO, BECAUSE OF THE SOCIETY IN WHICH WE LIVE,

                    BELIEVE THAT THEY OUGHT TO BE STRAIGHT AND THEY REALLY AREN'T, AND THAT

                    WOULD BE LARGE NUMBERS OF PEOPLE WHO SUBSEQUENTLY COME OUT, THIS

                    ISN'T AN ATTEMPT TO SAY THAT, TO SOMEBODY WHO CLEARLY BELIEVES THAT THEY

                    ARE HETEROSEXUAL THAT THE ANSWER TO THEIR PROBLEMS IS TO BECOME

                    HOMOSEXUAL.  THE SOCIETY IS NOT -- HAS NOT ADVANCED SO MUCH THAT THAT

                                         16



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    IS SEEN AS THE WAY TO SOLVE LIFE'S PROBLEMS.

                                 THE -- BUT, CERTAINLY, THERE ARE SUFFICIENT EDUCATION

                    AND TRAINING FOR MENTAL HEALTH PROFESSIONALS TO DEAL WITH INDIVIDUALS'

                    GROWING PAINS, PSYCHOLOGICAL ISSUES, WITHOUT SUGGESTING TO THEM THAT

                    THE WAY TO SOLVE ANY OF THESE IS TO, IN FACT, CHANGE YOUR SEXUAL

                    ORIENTATION.  SO, IT MAY BE TRUE THAT BECAUSE OF SOCIETAL PRESSURES, A LOT

                    OF PEOPLE WHO ARE, IN FACT, LBGTQ DETERMINE THAT THEY -- THE ANSWER

                    TO THEIR PROBLEMS IS, IN FACT, TO IDENTIFY WITHIN THEMSELVES THE FACT THAT

                    THEY HAVE BEEN DENYING WHO THEY ARE.  IT IS PERFECTLY APPROPRIATE FOR

                    SOMEONE WITH APPROPRIATE TRAINING TO LEAD SOMEBODY TO UNDERSTAND

                    WHO SOMEBODY IS, BUT NOT TO, IN FACT, SUGGEST TO THEM THAT THE ANSWER

                    TO THEIR PROBLEMS IS TO BE STRAIGHT, OR TO BE GAY.  IT IS ABOUT NOT TRYING

                    TO CHANGE SOMEONE'S INNATE SEXUAL ORIENTATION.

                                 MR. GOODELL:  NOW, I SEE THAT YOUR BILL

                    SPECIFICALLY EXCLUDES FROM THE SCOPE OF THIS PROHIBITION, AND I QUOTE,

                    "COUNSELING FOR A PERSON SEEKING TO TRANSITION FROM ONE GENDER TO

                    ANOTHER."  SO AM I CORRECT, THEN THAT, LIKEWISE, THIS BILL WOULD NOT

                    APPLY TO COUNSELING FOR A PERSON SEEKING NOT TO TRANSITION FROM ONE

                    GENDER TO ANOTHER?  OR DOES IT ONLY APPLY -- THIS BILL ONLY PROHIBITS

                    THOSE WHO DON'T WANT TO TRANSITION AND ALLOWS COUNSELING FOR THOSE

                    WHO DO WANT TO TRANSITION?  OR ARE WE SAYING TRANSITIONS ARE OUTSIDE

                    THE SCOPE OF THE BILL?

                                 MS. GLICK:  I WOULD SUGGEST TO THE BODY THAT PEOPLE

                    WHO ARE IN TRANSITION ARE -- HAVE ALREADY MADE A DECISION ABOUT WHAT

                    THEY'RE DOING AND THERE MAY BE FALLOUT FROM THAT -- THAT IS -- THAT IS AN

                                         17



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    APPROPRIATE DISCUSSION TO BE HAD WITH A THERAPIST, BUT NOT THE

                    DETERMINATION TO TRANSITION.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS. GLICK.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I APPRECIATE THE SPONSOR'S CONCERN

                    ABOUT CONVERSION THERAPY, A PARTICULAR TYPE OF THERAPY THAT'S BEEN

                    BROUGHT UNDER QUESTION BY SEVERAL PROFESSIONAL ORGANIZATIONS.  AND I

                    AM CONCERNED THAT THE LANGUAGE OF THE BILL APPEARS TO BE MUCH BROADER

                    THAN THE INTENT, BECAUSE THE LANGUAGE TALKS ABOUT "ANY," ANY PRACTICE.

                    I'M ALSO CONCERNED THAT THE PROHIBITION DOESN'T APPLY TO THOSE WHO ARE

                    SEEKING TO TRANSITION FROM ONE GENDER TO ANOTHER, BUT APPARENTLY DOES

                    APPLY TO THOSE WHO WANT TO TRANSITION BACK TO THEIR ORIGINAL GENDER.

                                 I'M VERY MINDFUL OF THE FACT THAT MOST OF US HERE ARE

                    PROBABLY NOT LICENSED PSYCHOLOGISTS OR PSYCHOANALYSTS, IT WOULD BE AN

                    INTERESTING PLACE TO WORK, NO DOUBT, IF YOU WERE, BUT, MOST OF THESE --

                    I'M CONCERNED THAT THE LEGISLATURE IS INTERJECTING INTO A WELL-DEVELOPED

                    PROFESSION, OUR VIEW OVER WHAT THOSE PROFESSIONALS OUGHT TO BE DOING

                    OR SHOULDN'T BE DOING.  I RECEIVED GREAT REASSURANCE FROM THE SPONSOR

                    THAT NOTWITHSTANDING THE BROAD LANGUAGE OF THIS BILL, ITS REAL INTENT IS

                    THAT SPECIFIC TYPE OF THERAPY CALLED "CONVERSION THERAPY."  AND I

                    APPRECIATE THAT CLARIFICATION FROM THE SPONSOR.

                                 THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                         18



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 ASSEMBLYMEMBER O'DONNELL.

                                 MR. O'DONNELL:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. O'DONNELL:  I HAVE TRAVELED ALL ACROSS THIS

                    COUNTRY, AND OCCASIONALLY I GET AN AWARD, OR TWO.  I WAS IN CALIFORNIA

                    GETTING AN AWARD FOR MY WORK ON MARRIAGE EQUALITY, AND THERE WAS A

                    FUNDRAISER AND THERE WAS A VERY HANDSOME YOUNG MAN IN A SPEEDO.  I

                    WAS KIND OF DEFENSELESS, I MUST ADMIT, HE WAS RAISING MONEY TO SWIM

                    TO ALCATRAZ.  SO, I GAVE HIM MY AMERICAN EXPRESS CARD AND THEN WHEN

                    WE WENT TO THE AWARDS DINNER HE CAME OVER TO ME AND HE TOLD ME THE

                    FOLLOWING STORY:  HE GREW UP ON A CATTLE RANCH IN MONTANA, AND WHEN

                    HE CAME OUT TO HIS MOTHER, HIS MOTHER SAID THE LGBT COMMUNITY ARE

                    THE ONLY OF GOD'S CREATURES WHO ARE NOT BORN TO THEIR OWN KIND.  THINK

                    ABOUT THAT.  THE REALITY IS TO ALMOST ANY LGBT PERSON WHO'S MY AGE OR

                    OLDER, WE HAVE FRIENDS AND FAMILY MEMBERS WHO HAVE BEEN SUBJECTED

                    TO THIS VERY THING.  I WASN'T, FORTUNATELY, BUT MANY OF THE PEOPLE I KNOW

                    WERE.

                                 WE ARE UNIQUELY QUALIFIED TO SPEAK FOR OURSELVES IN

                    THE LGBT COMMUNITY BECAUSE WE HAVE TO COME TO LEARN AND ACCEPT

                    WHO WE ARE AND THEN WE HAVE TO TELL THE WORLD WHO WE ARE, AND OFTEN

                    THEN TELL OUR FAMILY WHO WE ARE.  AND WE'RE OFTEN MISTREATED BECAUSE

                    OF THAT INFORMATION.  I AM ONE OF THE LUCKY ONES.  FORTY YEARS AGO I MET

                    A MAN AND I FELL IN LOVE.  AND HE PROVIDED ME WITH THAT SAFETY TO BE

                    WITH HIM SAFELY.  BUT MANY, MANY PEOPLE DON'T HAVE THAT.  MANY

                    PEOPLE DON'T HAVE THAT.

                                         19



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 THIS IS SO LONG OVERDUE.  IT'S ALMOST AN

                    EMBARRASSMENT THAT WE'RE IN 2019 HAVING THIS CONVERSATION.  BUT WE

                    ARE.  THE LGBT COMMUNITY IS PART OF THE FABRIC OF AMERICAN LIFE.

                    MOST OF THE THINGS THAT YOU ENJOY ABOUT YOUR LIFE ARE PROBABLY BROUGHT

                    TO YOU BY A GAY PERSON, WHETHER YOU KNOW IT OR NOT, OKAY?

                                 (LAUGHTER)

                                 AND IN THE END, WE HAVE TO ALLOW OUR CHILDREN TO

                    GROW UP IN SAFETY.  DO YOU HAVE ANY IDEA WHAT THE NUMBERS OF PEOPLE

                    WHO COMMIT SUICIDE BECAUSE THEY'RE AFRAID TO BE OUTED TO THEIR FAMILY?

                    DO YOU HAVE ANY IDEA?  IT IS THE ONE LEADING CAUSE OF SUICIDE AMONG

                    CHILDREN BECAUSE THE SHAME THAT GOES ALONG WITH THAT STAYS IN OUR

                    SOCIETY.  WE MUST DO BETTER ON BEHALF OF OUR CHILDREN THAN TO TREAT

                    THEM LIKE THIS.

                                 AND TO MY DEAR FRIEND, DEBORAH GLICK, WHO I OWE A

                    GREAT DEAL, OUR COMMUNITY OWES YOU EVERYTHING.  BECAUSE YOU HAVE

                    BEEN FIGHTING THIS FIGHT FOR SO LONG, LEADING THE WAY, DOING THE HARD

                    LIFTING AND VERY RARELY GETTING THE CREDIT, PROBABLY BECAUSE YOU'RE A

                    WOMAN.  I WILL BE VOTING IN THE FAVOR.

                                 ACTING SPEAKER AUBRY:  MR. BURKE.

                                 MR. BURKE:  DOES IT WORK? (REFERRING TO

                    MICROPHONE)  IS THIS THING ON?  ALL RIGHT.  GREAT.  THANK YOU.

                                 I HAVE SOMETHING TO SAY ON THIS.  BEFORE I WAS

                    HONORED TO BE ELECTED TO THE ASSEMBLY, I WAS AN ERIE COUNTY LEGISLATOR

                    AND I DRAFTED THE FIRST CONVERSION THERAPY BILL IN NEW YORK STATE THAT

                    WAS PASSED.  AND IT WAS IN 2016 AND I NAMED IT THE THE PREVENTION OF

                                         20



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    EMOTIONAL NEGLECT AND CHILD ENDANGERMENT, WHICH WAS A CROSS THAT

                    BECAME KNOWN AS THE PENCE BILL.  AND, YOU KNOW, THE -- THE

                    ARGUMENTS IN THE CHAMBER THAT DAY WHEN WE GOT IT PASSED, BECAME

                    ABOUT ONE CENTRAL THING, AND IT WAS ABOUT PROTECTING VULNERABLE PEOPLE

                    AND CHILDREN, WHICH I KNOW EVERYONE IN THIS BODY WANTS TO DO.

                                 SO, WHEN THE VOTE CAME IN THE ERIE COUNTY

                    LEGISLATURE, IT PASSED UNANIMOUSLY.  DEMOCRATS, REPUBLICANS,

                    CONSERVATIVES AND LIBERALS; ALL PUT, YOU KNOW, WHATEVER POLITICAL

                    DIFFERENCES THEY HAD -- HAD ASIDE TO PROTECT VULNERABLE CHILDREN.  AND

                    I'M ENORMOUSLY PROUD TO BE HERE TODAY, AND I FEEL VERY FORTUNATE TO BE

                    IN THIS CHAMBER TODAY.  AND I JUST WANTED TO THANK THE -- THE SPONSOR

                    OF THIS BILL, DEBORAH GLICK.  AND, YOU KNOW, I'M VERY EXCITED TO BE

                    VOTING ON THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. BRONSON.

                                 MR. BRONSON:  ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. BRONSON:  I RISE TO THANK THE SPONSOR OF THIS

                    BILL, DEBORAH GLICK, FOR NOT ONLY INTRODUCING THIS BILL, BUT FOR FIGHTING

                    FOR YEARS ON BEHALF OF OUR LGBTQ COMMUNITY AND PUTTING THIS

                    MEASURE FORWARD, RAISING AWARENESS ABOUT THE HARM THAT CONVERSION

                    THERAPY DOES TO OUR LGBTQ TEENS.

                                 THIS BILL IS VITALLY IMPORTANT.  IT'S IMPORTANT BECAUSE

                    BEING AN ADOLESCENT IS A DIFFICULT TIME NO MATTER WHO YOU ARE.  BUT IF

                    YOU'RE A MEMBER OF THE LGBTQ COMMUNITY, AS ASSEMBLYMEMBER

                    O'DONNELL JUST MENTIONED, IT'S EVEN HARDER.  THE REJECTION OF A LOVED

                                         21



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    ONE.  THE REJECTION OF AN ADULT IN YOUR LIFE THAT YOU CARE FOR

                    ENORMOUSLY.  BUT THEN YOU TELL THEM THAT YOU'RE GAY.  AND THEY SUGGEST

                    TO YOU THAT PERHAPS YOU SHOULD HAVE THERAPY TO TEACH YOU AND COUNSEL

                    YOU TO BE SOMEONE YOU ARE NOT AFTER YOU'VE STRUGGLED FOR YEARS TO

                    COME TO TERMS WITH WHO YOU ARE; TO TERMS THAT SOMEHOW SOCIETY IN OUR

                    COMMUNITY SEES YOU DIFFERENT, AND TO ADDRESS THE ISSUE THAT IN THE

                    CURRENT TIME, WE HAVE A FEDERAL GOVERNMENT THAT IS ATTACKING YOU

                    SIMPLY BECAUSE YOU WANT TO LIVE YOUR AUTHENTIC SELF, SIMPLY BECAUSE

                    YOU WANT TO BE TRUE TO YOU, TRUE TO WHO YOU ARE.

                                 CONVERSION THERAPY IS A SHAM THAT DOES THE EXACT

                    OPPOSITE OF HELPING OUR YOUNG PEOPLE GROW.  IT IS AN ATTEMPT TO TEACH

                    THEM AND COUNSEL THEM TO HATE WHO THEY ARE.  HOW CAN YOU GROW AS AN

                    INDIVIDUAL INTO ADULTHOOD IF YOU'RE BEING TOLD THAT YOU SHOULD HATE WHO

                    YOU ARE?  THAT RESULTS IN DEPRESSION AND, HAS BEEN POINTED OUT, SUICIDE.

                    AS THE SPONSOR POINTED OUT, THE BEHAVIORAL HEALTH PROFESSIONALS, THEIR

                    ASSOCIATIONS HAVE ALL DETERMINED THAT CONVERSION THERAPY IS THE WRONG

                    APPROACH TO HELPING YOUNG PEOPLE WITH THEIR SEXUAL IDENTITY OR

                    ORIENTATION AND EXPRESSION.

                                 MR. SPEAKER, LET'S BE CLEAR.  BEING LESBIAN, GAY,

                    BISEXUAL, TRANSGENDER OR IDENTIFYING AS NON-BINARY IS NOT A DISEASE,

                    THERE'S NOT A DEFICIENCY THERE, AND IT'S NOT A DISORDER THAT NEEDS TO BE

                    REPAIRED.  THERE IS NOTHING THAT NEEDS TO BE CONVERTED HERE, FOLKS.  AS

                    MENTIONED, THAT'S NOT MY OPINION, THAT'S THE OPINION OF THE

                    PROFESSIONALS.

                                 AGAIN, I THANK THE SPONSOR FOR HER TIRELESS WORK FOR

                                         22



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    FIGHTING FOR OUR LGBTQ YOUTH, AND I'M LOOKING FORWARD TO THE VOTE

                    HERE TODAY AND THE HISTORICAL VOTE IN THE SENATE AND THE GOVERNOR

                    SIGNING THIS MEASURE INTO LAW.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. GLICK TO CLOSE.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  I JUST WANT TO

                    REMIND THOSE MEMBERS WHO ARE UNCOMFORTABLE IN VOTING YES FOR THIS

                    MEASURE THAT YOUNG PEOPLE NEED TO BE RESPECTED IN THEIR FEELINGS.  I'M

                    OLDER THAN A COUPLE OF MY COLLEAGUES HERE AND CAME OUT IN THE -- IN

                    LIKE 1971 OR '72.  THERE WAS NO WILL AND GRACE.  THERE REALLY WEREN'T

                    EVEN A LOT OF -- WHEN I WAS GROWING UP, AND I KNEW WHEN I WAS

                    12-YEARS-OLD WHO I WAS, WHAT I FELT, AND HAD NO SUPPORT, AND

                    UNDERSTOOD THE SOCIETAL STRICTURES AND HOSTILITY, AND TRIED FOR MANY

                    YEARS TO IGNORE IT, TO PRETEND I WAS SOMETHING I WASN'T.  THAT WAS WHAT

                    CAUSED EMOTIONAL TRAUMA, PRETENDING TO BE SOMETHING YOU ARE NOT.

                    AND WHILE IT IS VERY EASY, PARTICULARLY FOR WOMEN, TO PASS, IT IS AT GREAT

                    PERSONAL EMOTIONAL COST.

                                 AND SO, WHEN I RAN FOR OFFICE, THERE WAS TWO

                    MOTIVATIONS:  ONE, TO ENSURE THAT WOMEN COULD CONTROL THEIR OWN

                    BODIES, AND THAT LGBTQ NEW YORKERS COULD CONTROL THEIR OWN BODIES.

                    IT IS THE SAME ISSUE:  THE RIGHT TO BE WHO YOU ARE AND TO CONTROL YOUR

                    OWN DESTINY.  I'M GLAD THAT WE RECOGNIZE THAT THERE ARE PROFESSIONS,

                    AND WE ARE HERE TO RESPECT THEIR RESEARCH, THEIR OPINION.  AND I HOPE

                    THAT AS WE GO THROUGH THE SESSION WE WILL UNDERSTAND THAT IT IS,

                    WHETHER IT'S THE MEDICAL PROFESSIONALS OR THE PSYCHOLOGICAL

                                         23



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    PROFESSIONALS, WE ARE HERE TO NOT IMPOSE OUR INDIVIDUAL POP SCIENCE,

                    BUT, RATHER, RESPECT THE SCIENCE THAT WE LEARN FROM PROFESSIONALS WHO

                    HAVE THE EDUCATION AND TRAINING.

                                 BUT WHEN IT COMES TO THE LGBT COMMUNITY, WE HAVE

                    OUR OWN, OUR OWN PROFESSIONAL EDUCATION AND TRAINING.  AND THAT IS

                    FACING DISCRIMINATION, FACING IGNORANCE, FACING HOSTILITY, LOSING JOBS.

                    MY RIGHT TO HOLD A JOB, MY RIGHT TO BE FREE OF DISCRIMINATION IN HOUSING

                    AND EMPLOYMENT AND PUBLIC ACCOMMODATION WAS NOT PROTECTED IN THIS

                    STATE UNTIL 2002.

                                 SO, I AM SO PLEASED THAT TODAY WE WILL MOVE TO

                    PREVENT YOUNG PEOPLE IN THE FUTURE FROM FACING PERNICIOUS

                    PSEUDOSCIENCE CHARLATANS MASQUERADING AS HEALTH -- MENTAL HEALTH

                    PROFESSIONALS, AND WE WILL TAKE A STEP FORWARD IN POSITIVE, PROFESSIONAL

                    MENTAL HEALTH SERVICES FOR ALL NEW YORKERS, ESPECIALLY THE LGBTQ

                    COMMUNITY.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ORTIZ TO EXPLAIN HIS VOTE.

                                 MR. ORTIZ:  THANK YOU, MR. SPEAKER.  I WOULD LIKE

                    TO COMMEND THE SPONSOR OF THIS BILL, AS WELL AS THE SPEAKER FOR

                    ALLOWING THIS BILL TO COME TO THE FLOOR.  AS WAS MENTIONED BEFORE, THIS

                                         24



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    BILL HAS COME TO THE FLOOR MANY, MANY TIMES.  BUT AS WE LOOK AROUND

                    TODAY, WE DO -- ARE HAVING A VERY HISTORICAL MOMENT, NOT JUST IN THE

                    ASSEMBLY AND WHAT HAPPENED HERE TODAY, BUT WHAT HAPPENED IN THE

                    SENATE.

                                 SO, I DO HAVE TWO CONSTITUENTS THAT CAME TO VISIT MY

                    OFFICE, ONE OF THE GUYS JUST HAPPENED TO BE BY THE NAME NICK, AND THE

                    OTHER MIGUEL.  THEY HAPPENED TO BE 17-YEARS-OLD.  AND THEY CAME TO

                    ME BECAUSE THEY WANTED TO EXPLAIN TO ME WHY THIS BILL WAS SO

                    IMPORTANT TO THEM.  SO, I WILL SAY TO MIGUEL AND I WILL SAY TO NICK

                    TODAY THAT BECAUSE OF THEIR WISDOM AND THEIR ADVICE, TODAY MY VOTE IS

                    GOING TO BE CAST IN THE AFFIRMATIVE.  BUT NO LONGER THEY WILL HAVE TO

                    WORRY AND OTHER PEOPLE LIKE MIGUEL AND NICK DO NOT HAVE TO WORRY

                    ABOUT IT AS LONG AS WE HAVE A SENATE THAT WILL BE ABLE TO PASS THIS BILL

                    AND GIVE THE OPPORTUNITY TO THE GOVERNOR TO GIVE THESE YOUNG MEN THE

                    OPPORTUNITY, AND THESE YOUNG WOMEN THE OPPORTUNITY NOT TO BE LABELED

                    AND NOT TO BE GETTING OUT OF THE SHADOW.

                                 AND THANK YOU, ASSEMBLYWOMAN GLICK, FOR YOUR

                    SPONSORSHIP OF THIS BILL AND FOR TENACITY, AND FOR ALWAYS DON'T LOSE TRACK

                    OF THIS IMPORTANT BIG PIECE OF LEGISLATION.  AND FOR THE -- FOR THE LGBT

                    COMMUNITY, TODAY IS YOUR DAY.  TODAY IS A WIN DAY FOR ALL AND FOR ALL

                    OF US.

                                 THANK YOU, MR. SPEAKER, AND I WILL BE VOTING IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN.

                                 MR. EPSTEIN:  THANK YOU, MR. SPEAKER, I RISE TO

                                         25



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    EXPLAIN MY VOTE.  I WANTED TO THANK THE SPONSOR OF THIS BILL FOR ALL HER

                    WORK GETTING US TO THIS PLACE TODAY AND FEEL EXCITED THAT OUR SENATE

                    COLLEAGUES WILL BE DOING THE SAME, VOTING IN FAVOR OF THIS BILL.  I SPEAK

                    NOT BECAUSE JUST BECAUSE OF CONSTITUENTS WHO HAVE COME TO ME, BUT AS

                    A PARENT OF TWO TEENAGERS.  I THINK ABOUT THE DISCRIMINATION THAT'S

                    IMPACTED PEOPLE FOR DECADES.  PEOPLE'S SEXUAL ORIENTATIONS HAS BEEN

                    PUT AT RISK.  PEOPLE'S ABILITIES TO BE WHO THEY ARE.  OUR GOAL HERE IS TO

                    END DISCRIMINATION AGAINST NEW YORKERS.

                                 THIS BILL TAKES US A STEP FURTHER.  THIS BILL SENDS A

                    CLEAR MESSAGE TO THE LGBTQ COMMUNITY THAT THEY ARE GOOD ENOUGH

                    FOR WHO THEY ARE NOW; THAT THEY DON'T NEED TO CHANGE; THAT SOCIETY

                    ACCEPTS THEM FOR WHERE THEY ARE.  I'M GLAD TO BE VOTING IN THE

                    AFFIRMATIVE FOR THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN IN THE

                    AFFIRMATIVE.

                                 MR. RIVERA.

                                 MR. RIVERA:  (REFERRING TO MICROPHONE.)  OOPS,

                    NEW TOY, I'VE GOT TO LEARN HOW TO USE IT.

                                 VERY QUICKLY, I -- I ALSO WANT TO COMMEND DEBBIE

                    GLICK FOR HER LEADERSHIP FOR QUITE A NUMBER OF YEARS.  I ALSO WANT TO

                    REMIND EVERYONE THAT IT WAS MY FRIEND AT THE OTHER CORNER WHO BEGAN

                    TO CHAMPION THE RIGHT TO MARRIAGE IN 2008.  I JOINED HIM IN 2008.  SO I

                    HAVE A -- I -- I KNOW HOW HE FEELS, BECAUSE I WAS TARGETED IN 2008 AND

                    2009 IN MY BOROUGH OF THE BRONX.  BUT GUESS WHAT, I THINK THE PEOPLE

                    IN MY DISTRICT RECOGNIZED I WAS STANDING UP FOR THE RIGHT OF PEOPLE TO

                                         26



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    BE RESPECTED.  I'M STILL STANDING.  HERE I AM TODAY.  SO, I THANK ALL OF

                    YOU.  IT WAS (INAUDIBLE).  AND ON A DAY THAT MARTIN LUTHER KING

                    CELEBRATES HIS 90TH BIRTHDAY.

                                 DEBBIE, THE BUCK -- THE BUCK DOES NOT STOP HERE.  THE

                    BUCK STOPS IN THE SENATE AND IN THE HAND OF OUR GOVERNOR.  SO, I THINK

                    IT'S THE BEST WAY TO CELEBRATE TODAY, IS BY ASKING BOTH THE SENATE AND

                    THE GOVERNOR THAT NOW THAT WE, AS DEMOCRATS, SUPPOSEDLY HAVE

                    COMPLETE CONTROL OF STATE GOVERNMENT, THAT WE SOMEHOW CAN CONTINUE

                    TO STOPPING THEM SICK, SICK MESSAGES OF HATE AND RACISM THAT'S BEEN

                    GOING AROUND THIS COUNTRY.  AND BY VOTING YES TODAY, WHICH I'M GOING

                    DO TO RIGHT NOW, I WILL BE JOINING ALL OF YOU AND DOING WHATEVER WE

                    NEED TO DO TO CONVINCE NOT ONLY THIS STATE, BUT OTHER STATES TO FOLLOW

                    THE LEAD OF THE STATE OF NEW YORK, STOP FOLLOWING THE LEAD OF COLORADO

                    AND OTHER STATES.  PROVIDE LEADERSHIP.  ITS TIME HAS COME.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. RIVERA IN THE

                    AFFIRMATIVE.

                                 MS. SEAWRIGHT.

                                 MS. SEAWRIGHT:  THANK YOU, MR. SPEAKER.  I RISE

                    TODAY TO EXPLAIN MY VOTE.  TODAY, WE STAND TOGETHER TO PROTECT OUR

                    LGBT COMMUNITY FROM NOT ONLY THE POTENTIALLY HORRIFIC EFFECTS OF

                    CONVERSION THERAPY, BUT FROM ANY DISCRIMINATION BASED ON SEXUAL

                    ORIENTATION, GENDER IDENTITY AND/OR EXPRESSION.  NEARLY 700,000 ADULTS

                    IN THE UNITED STATES HAVE RECEIVED CONVERSION THERAPY, AND ABOUT HALF

                    OF THEM BEFORE THE AGE OF 18.  I PROUDLY CAST MY VOTE IN THE AFFIRMATIVE

                    AND THANK THE SPONSOR OF THIS BILL, DEBORAH GLICK, FOR ALL YOUR WORK

                                         27



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    YEAR AFTER YEAR ON THIS IMPORTANT BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SEAWRIGHT IN THE

                    AFFIRMATIVE.

                                 MS. LINDA ROSENTHAL.

                                 MS. ROSENTHAL:  THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  I RISE IN SUPPORT OF THIS LEGISLATION TO PROHIBIT

                    CONVERSION THERAPY ON MINORS.  CONVERSION THERAPY HAS LONG BEEN

                    DISCREDITED BY ALL OF THE MAJOR PROFESSIONAL ASSOCIATIONS AS FEUDAL AND,

                    IN MANY CASES, DANGEROUS.  ONE'S SEXUAL ORIENTATION IS INNATE.  IT IS NOT

                    A CHOICE, NOR IS IT SOMETHING THAT CAN BE CHANGED THROUGH THERAPY OR

                    ANY OTHER MEANS.  MANY CHILDREN WHO MAKE THE DECISION TO COME OUT

                    ARE ALREADY MET WITH BULLYING AND TEASING, MERCILESS, RELENTLESSLY AT

                    SCHOOL AND AT HOME.  SOME PARENTS THINK THAT THAT CAN BE CHANGED BY

                    SENDING KIDS TO THERAPY.  IT DOESN'T WORK AND IT IS CRUEL TO TRY TO CHANGE

                    WHAT A CHILD INNATELY IS.  ONE HAS TO ACCEPT WHAT THEY ARE.  SO, AS THEY

                    SAY, YOU CAN'T PRAY IT AWAY.  AND AFTER THIS BILL BECOMES LAW, YOU WON'T

                    BE ABLE TO CONVERT THEM EITHER.

                                 I THANK THE ASSEMBLYMEMBER GLICK FOR HER TENACITY

                    AND ALL HER WORK OVER THE YEARS AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL IN THE

                    AFFIRMATIVE.

                                 MS. SIMON.

                                 MS. SIMON:  YES, THANK YOU, TO EXPLAIN MY VOTE.  I

                    WANT TO COMMEND THE SPONSOR AND THE ADVOCATES WHO HAVE FOUGHT FOR

                    SO LONG FOR THIS BILL.  I'M SO DELIGHTED THAT TODAY THE SENATE WILL ALSO BE

                                         28



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    PASSING THIS BILL AND THIS WILL FINALLY BE SIGNED INTO LAW.  AND JUST AS A

                    POINT, I JUST WANT TO MAKE THE POINT THAT IT'S A -- IT'S QUITE AMAZING THAT

                    WE ARE HERE FOR SO LONG DEBATING THIS BILL WHEN THE WORDS "CONVERSION"

                    AND "THERAPY" DO NOT BELONG TOGETHER AT ALL.  SO, I PROUDLY CAST MY VOTE

                    IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                 MS. FERNANDEZ.

                                 MS. FERNANDEZ:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO SPEAK ON THE BILL.  FIRST AND FOREMOST, I WANT TO

                    CONGRATULATE AND THANK MY COLLEAGUE, DEBORAH GLICK, FOR FIGHTING FOR

                    THIS, FOR CONTINUALLY MAKING THIS AN IMPORTANT ISSUE, AND EVERY ACTIVIST

                    THAT DOES CARE ABOUT THIS BILL.

                                 IN ECHOING A LOT OF WHAT MY COLLEAGUES SAID TODAY,

                    YOU CANNOT CONTROL WHO YOU ARE.  YOU ARE WHO YOU ARE AND NO ONE

                    SHOULD TORTURE YOU TO CHANGE WHO YOU ARE.  SO, I GLADLY VOTE IN THE

                    AFFIRMATIVE TO STOP THIS EVIL PRACTICE AND TO ACCEPT EVERY NEW YORKER

                    FOR WHO THEY ARE AND ALLOW THEM TO LIVE THE LIFE THEY CHOOSE.  SO,

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. FERNANDEZ IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)

                                         29



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE COULD

                    HAVE MR. LENTOL AND THE MEMBERS OF THE CODES COMMITTEE TO PROCEED

                    TO THE SPEAKER'S CONFERENCE ROOM FOR A COMMITTEE MEETING, AND THEN

                    FOLLOW THROUGH WITH THE NEXT ITEM ON OUR AGENDA, WHICH IS NO. 747,

                    MR. GOTTFRIED.

                                 ACTING SPEAKER AUBRY:  CODES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM.  MR. LENTOL, OUR BIRTHDAY BOY, IS ON HIS

                    WAY.  PLEASE JOIN HIM.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00747, RULES REPORT

                    NO. 2, GOTTFRIED, GLICK, O'DONNELL, BRONSON, L. ROSENTHAL, HEASTIE,

                    DINOWITZ, COOK, HEVESI, CAHILL, ENGLEBRIGHT, PAULIN, RYAN, ABINANTI,

                    MOSLEY, ARROYO, PICHARDO, ORTIZ, ROZIC, WEPRIN, BLAKE, STECK,

                    BICHOTTE, HUNTER, CARROLL, D'URSO, JEAN-PIERRE, DE LA ROSA, WALKER,

                    DICKENS, JAFFEE, SIMON, BURKE, CRUZ, JACOBSON, REYES, FALL, ROMEO,

                    AUBRY, BENEDETTO, BRAUNSTEIN, DENDEKKER, FAHY, GALEF, GUNTHER,

                    HYNDMAN, LIFTON, LUPARDO, MAGNARELLI, OTIS, PEOPLES-STOKES, PERRY,

                    PRETLOW, QUART, RAMOS, RIVERA, SEAWRIGHT, SIMOTAS, SOLAGES, THIELE.

                    AN ACT TO AMEND THE EXECUTIVE LAW, THE CIVIL RIGHTS LAW AND THE

                    EDUCATION LAW, IN RELATION TO PROHIBITING DISCRIMINATION BASED ON

                    GENDER IDENTITY OR EXPRESSION; AND TO AMEND THE PENAL LAW AND THE

                    CRIMINAL PROCEDURE LAW, IN RELATION TO INCLUDING OFFENSES REGARDING

                    GENDER IDENTITY OR EXPRESSION WITHIN THE LIST OF OFFENSES SUBJECT TO

                    TREATMENT AS HATE CRIMES.

                                         30



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. GOTTFRIED.

                                 MR. GOTTFRIED:  THANK YOU, MR. SPEAKER.  YOU

                    KNOW, WHEN ASSEMBLYMEMBER GLICK WAS TALKING ABOUT THE ENACTMENT

                    OF SONDA, THE SEXUAL ORIENTATION NON-DISCRIMINATION ACT IN 2002, I

                    WAS REMINDED THAT A YEAR OR SO BEFORE THAT BILL FINALLY PASSED, IT BEGAN

                    TO BE CLEAR TO PEOPLE IN THE TRANSGENDER COMMUNITY THAT THE DEFINITION

                    OF "SEXUAL ORIENTATION" DID NOT PROTECT THEM.  AND THEY BEGAN

                    ADVOCATING FOR AMENDING THE BILL TO EXPLICITLY INCLUDE PROTECTION FOR

                    GENDER EXPRESSION OR IDENTITY.  THEY MET AN ENORMOUS AMOUNT OF

                    RESISTANCE.  EXPRESSING CONCERN THAT IF -- THAT THE, YOU KNOW, THE BILL

                    WAS ON THE VERGE OF BEING ACCEPTED BY THE THEN-MAJORITY IN THE SENATE,

                    AND PEOPLE DIDN'T WANT TO UPSET THE APPLE CART.  SO, HERE WE ARE IN

                    2019, ONCE AGAIN, CONSIDERING GENDA.

                                 YOU KNOW, DISCRIMINATION AGAINST TRANSGENDER PEOPLE

                    AND -- AND NON-BINARY PEOPLE IN NEW YORK IS NOT SOME INTELLECTUAL

                    EXERCISE.  THIS DISCRIMINATION IS REAL AND HURTS PEOPLE EVERY DAY.  IT

                    HURTS THEM IN EMPLOYMENT.  IT HURTS THEM IN HOUSING.  EVEN IN

                    COMMUNITIES THAT HAVE ENACTED GENDA LEGAL PROTECTION, THERE HAVE

                    BEEN CASES OF TRANSGENDER PEOPLE USING THE BATHROOM IN A PUBLIC PLACE

                    THAT THEY ARE LEGALLY ENTITLED TO USE, AND BEING ARRESTED BY POLICE IN

                    NEW YORK CITY FOR USING THE BATHROOM THEY'RE ENTITLED TO USE.  THERE

                    ARE INSTANCES OF PEOPLE BEING PHYSICALLY ATTACKED FOR THE SAME

                    CONDUCT.  AND, MOST SERIOUSLY, TO THIS DAY THERE CONTINUES TO BE ALL TOO

                    MANY INSTANCES - ANY INSTANCES WOULD BE TOO MANY - OF ASSAULT AND

                                         31



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    MURDER AGAINST PEOPLE WHO ARE SELECTED FOR ASSAULT AND MURDER

                    BECAUSE THEY ARE TRANSGENDER.

                                 NOW, IN MOST PARTS OF NEW YORK STATE, YOU KNOW, THE

                    VAST MAJORITY OF NEW YORKERS HAVE BEEN LIVING IN COMMUNITIES THAT,

                    BY LOCAL LAW, HAVE ENACTED GENDA PROTECTION.  SO, IN NEW YORK

                    CITY, IN SUFFOLK COUNTY, IN ALBANY, IN WESTCHESTER, ROCHESTER, THIS IS

                    NOT NEW; THIS HAS BEEN THE LAW FOR YEARS.  AT THE STATE LEVEL, SEVERAL

                    YEARS AGO GOVERNOR CUOMO HAD THE DIVISION OF HUMAN RIGHTS RULE

                    THAT NEW YORK'S PROHIBITION ON SEX DISCRIMINATION SHOULD BE

                    INTERPRETED AS APPLYING TO DISCRIMINATION BASED ON GENDER IDENTITY OR

                    EXPRESSION.  SO, IN MANY WAYS, STATEWIDE, THIS HAS BEEN THE EFFECTIVE

                    LAW IN NEW YORK FOR YEARS.

                                 I WOULD -- I WOULD BET THAT EVERY SINGLE ONE OF US HAS,

                    ON NUMEROUS OCCASIONS, WITHOUT EACH KNOWING IT, BEEN IN PUBLIC

                    RESTROOMS WITH TRANSGENDER PEOPLE.  I THINK ALL OF US KNOW PEOPLE WHO

                    ARE TRANSGENDER, AND WE MAY NOT EVEN KNOW THAT.  WHAT NEW YORK

                    LAW DOES NOT DO TO PROTECT TRANSGENDER PEOPLE, WE DO NOT APPLY THE

                    HATE CRIMES LAW TO PROTECT THEM, AND THIS BILL WOULD TO THAT.

                                 SO, THIS BILL WOULD EXTEND OUR -- OUR HUMAN RIGHTS

                    LAW, SIMILAR PROVISIONS IN THE -- IN THE EDUCATION LAW TO -- TO ADD

                    DISCRIMINATION BASED ON GENDER IDENTITY OR EXPRESSION, AND IT WOULD

                    ALSO ADD GENDER IDENTITY OR EXPRESSION TO THE PROTECTED CATEGORIES

                    UNDER THE HATE CRIMES LAW.  YOU KNOW, THIS IS -- THIS LEGISLATION DOES

                    NOT EXACTLY PUT NEW YORK AT THE FOREFRONT OF PROGRESSIVE SOCIAL

                    CHANGE.  GENDA IS THE LAW IN SALT LAKE CITY, AND HAS BEEN FOR YEARS.

                                         32



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    GENDA IS THE LAW IN CHARLESTON, SOUTH CAROLINA, WHERE THE ASSAULT

                    ON FORT SUMTER OCCURRED.  IT'S THE LAW IN CHARLESTON, WEST VIRGINIA.  IN

                    MINNESOTA, WHICH IS PROBABLY AMONG THE PLACES AT THE FOREFRONT OF

                    PROGRESSIVE CHANGE, IT HAS BEEN THE LAW SINCE 1992.  IT IS THE LAW IN

                    KANSAS CITY, MISSOURI.  IT IS THE LAW IN DALLAS, TEXAS AND EL PASO.  FOR

                    CRYING OUT LOUD, IT'S TIME TO MAKE IT THE LAW IN NEW YORK.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  WOULD

                    THE SPONSOR YIELD?

                                 MR. GOTTFRIED:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. GOTTFRIED, AND

                    THERE'S NO QUESTION AS TO YOUR PERSEVERANCE ON THIS SUBJECT.  I THINK YOU

                    MENTIONED THIS WAS FIRST INTRODUCED IN 2003?

                                 MR. GOTTFRIED:  YES.

                                 MR. GOODELL:  AND SINCE 2003, A LOT HAS CHANGED,

                    I THINK YOU WOULD AGREE.  AND, IN FACT, YOU MENTIONED IT QUITE A BIT.

                    RIGHT NOW, OF COURSE WE HAVE NUMEROUS FEDERAL AND STATE COURTS THAT

                    HAVE INTERPRETED OUR SEXUAL HARASSMENT LAWS TO ALSO APPLY TO

                    TRANSGENDERS, CORRECT?

                                 MR. GOTTFRIED:  YES, ALTHOUGH AT THE FEDERAL

                    LEVEL, ALL OF THOSE DECISIONS ARE UNDER SERIOUS ADMINISTRATIVE ASSAULT.

                                 MR. GOODELL:  BUT CERTAINLY NOT IN NEW YORK

                    UNDER NEW YORK --

                                 MR. GOTTFRIED:  THAT IS CORRECT.

                                         33



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. GOODELL:  YEAH.  AND AS YOU CORRECTLY NOTED,

                    IN 2016, NEARLY THREE YEARS AGO, THE STATE HUMAN RIGHTS COMMISSION

                    VERY CLEARLY EXTENDED THE SEXUAL HARASSMENT PROTECTIONS TO INCLUDE

                    TRANSGENDER INDIVIDUALS, CORRECT?

                                 MR. GOTTFRIED:  BY REGULATION, YES.

                                 MR. GOODELL:  YEAH.  AND SO -- AND YOU

                    MENTIONED THAT THE VAST MAJORITY OF NEW YORKERS LIVE IN JURISDICTIONS

                    THAT HAVE LOCAL LAW THAT ALREADY ADDRESSED THE SUBJECT.

                                 MR. GOTTFRIED:  THAT IS CORRECT.

                                 MR. GOODELL:  SO, MY QUESTION THEN, IS, IF THIS HAS

                    BEEN ALREADY BEEN ADDRESSED BY THE DIVISION OF HUMAN RIGHTS AND BY

                    NUMEROUS COURT CASES, INCLUDING NEW YORK CASES, AND BY NUMEROUS

                    LOCAL LAWS, WHAT'S THE NEED FOR THIS LEGISLATION?

                                 MR. GOTTFRIED:  WELL, A COUPLE OF THINGS.

                    NUMBER ONE, A REGULATION THAT IS ENACTED BY THE DIVISION OF HUMAN

                    RIGHTS CAN BE CHANGED BY -- OR REPEALED BY THE DIVISION OF HUMAN

                    RIGHTS AT ANY POINT.  SECONDLY, THERE ARE A LOT OF PLACES IN NEW YORK

                    STATE THAT HAVE NOT ENACTED LOCAL LAWS.  AND, FINALLY, TRANSGENDER

                    PEOPLE AND OTHERS WITH GENDER IDENTITY AND EXPRESSION DIFFERENT FROM

                    MINE, OR I ASSUME YOURS, ARE DUE THE RESPECT AND RECOGNITION OF BEING

                    INCLUDED IN OUR HUMAN RIGHTS LAW.  AND, FINALLY, THE BILL WOULD ADD

                    THAT PROTECTION TO THE HATE CRIMES LAW, WHICH -- THAT WOULD NOT

                    HAPPEN BY ADMINISTRATIVE REGULATION.

                                 MR. GOODELL:  ONE OF THE INTERESTING THINGS ABOUT

                    THE EXISTING LAWS THAT PROHIBITS SEXUAL HARASSMENT, SEXUAL

                                         34



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    DISCRIMINATION, IS THAT THE LAW ITSELF RECOGNIZES MANY AREAS WHERE WE

                    TRADITIONALLY, HISTORICALLY AND LEGALLY RECOGNIZE DIFFERENCES BETWEEN

                    THE SEXES.  FOR EXAMPLE, THE U.S. DEPARTMENT OF LABOR MENTIONS A

                    NUMBER OF DIFFERENT SITUATIONS, SOCIAL CLUBS, LIKE THE BOYS OR GIRLS

                    CLUB, FOR EXAMPLE.  MOTHER-DAUGHTER, FATHER-SON EVENTS, INSTITUTIONS

                    THAT ONLY ADMIT ONE SEX OR A -- OR ANOTHER SEX, ALL THOSE ARE REFLECTED IN

                    OUR CURRENT LAW AND UNDER FEDERAL LAW, AS WELL, EVEN AS THE FEDERAL

                    AND STATE COURTS AND EVEN AS THE DIVISION OF HUMAN RIGHTS EXTENDED

                    THESE PROTECTIONS TO INCLUDE TRANSGENDER.  SO, MY QUESTION TO YOU IS,

                    WHEREAS THE FEDERAL REGULATIONS OUTLINE A NUMBER OF EXCEPTIONS WHERE

                    WE TREAT THE SEXES DIFFERENTLY AND LEGALLY, DOES YOUR BILL, LIKEWISE,

                    MAKE THOSE DISTINCTIONS?

                                 MR. GOTTFRIED:  A -- AN INSTITUTION OR AN ENTITY

                    THAT CAN LEGALLY IN NEW YORK SAY IT IS ONLY FOR MEN OR ONLY FOR WOMEN,

                    OR ONLY FOR BOYS OR ONLY FOR GIRLS, IF IT MAY DO THAT LEGALLY TODAY, IT

                    WOULD BE ALLOWED TO CONTINUE TO DO THAT TOMORROW - IF THIS BILL -- IF AND

                    WHEN THIS BILL IS SIGNED BY THE GOVERNOR - JUST AS THEY CAN TODAY UNDER

                    THE ADMINISTRATIVE REGULATIONS, AND JUST AS THEY CAN TODAY UNDER LOCAL

                    GENDA LAWS.  THIS WOULD NOT CHANGE THAT.

                                 MR. GOODELL:  SO, TO BE SPECIFIC, LET'S SAY A -- PICK

                    A PARTICULAR ORGANIZATION, A WOMEN'S COLLEGE, AN ALL WOMEN'S COLLEGE,

                    CAN THAT COLLEGE, IF THIS BILL IS ADOPTED, SAY WE ONLY ALLOW WOMEN

                    WHOSE PHYSICAL MAKEUP IS A WOMAN TO ATTEND THIS COLLEGE, AND WE WILL

                    NOT ALLOW INDIVIDUALS WHOSE PHYSICAL MAKEUP IS AS A -- A MALE ATTEND

                    OUR WOMEN'S COLLEGE EVEN IF THEY ARE TRANSGENDER?

                                         35



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. GOTTFRIED:  THAT IS A DIFFERENT QUESTION AND,

                    THEREFORE, THE ANSWER IS DIFFERENT.  SOMEONE WHO IDENTIFIES AS FEMALE

                    UNDER THIS BILL WOULD BE ENTITLED LEGALLY TO ENROLL IN A -- IN A WOMEN'S

                    COLLEGE, ASSUMING THEY QUALIFY, AND VICE VERSA.  AND SO, THERE ARE,

                    AROUND THE STATE, IN NEW YORK CITY AND ELSEWHERE, THERE ARE

                    INSTITUTIONS OF EDUCATION AND OTHERS THAT HAVE SAID, WE ONLY ADMIT

                    WOMEN, WE DON'T WANT TO ADMIT TRANSGENDER WOMEN.  THEY HAVE BEEN

                    TOLD NO, A TRANSGENDER WOMAN IS A WOMAN LIKE SOMEBODY BORN WITH

                    TWO X CHROMOSOMES AND CONTINUES TO IDENTIFY THAT WAY.

                                 MR. GOODELL:  AND WOULD THAT ALSO APPLY, FOR

                    EXAMPLE, TO WOMEN-ONLY SPORTS TEAMS?  AN INDIVIDUAL WITH A MALE

                    ANATOMY UNDER THIS BILL WOULD THEN, IF THEY IDENTIFY AS TRANSGENDER,

                    WOULD BE ALLOWED TO PLAY ON A WOMAN'S -- OTHERWISE WOMAN'S-ONLY

                    SPORTS TEAM?

                                 MR. GOTTFRIED:  AS HAS BEEN HAPPENING IN

                    INSTANCES AROUND THE COUNTRY UNDER SIMILAR LEGISLATION, YES,

                    TRANSGENDER PEOPLE WOULD PARTICIPATE IN SPORTS TEAMS OR OTHER THINGS

                    ACCORDING TO THEIR GENDER IDENTITY.

                                 MR. GOODELL:  AND, LIKEWISE, I KNOW THERE'S A LOT

                    OF SCHOLARSHIPS, CERTAINLY THERE ARE IN MY COMMUNITY, THAT ARE REALLY

                    AIMED AT ONLY WOMEN ONLY IN AN EFFORT TO, YOU KNOW, ADVANCE WOMEN.

                    LIKEWISE, THEN, SOMEONE WITH A MALE ANATOMY COULD, IF THEY IDENTIFY

                    AS A WOMAN, WOULD BE ELIGIBLE FOR THOSE SCHOLARSHIPS UNDER THIS

                    LEGISLATION?

                                 MR. GOTTFRIED:  YES.  AND, YOU KNOW, IT'S

                                         36



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    INTERESTING THAT YOU KEEP REFERRING TO ANATOMY.  THERE ARE TRANSGENDER

                    PEOPLE WHO HAVE HAD ANATOMICAL SURGERY, THERE ARE TRANSGENDER PEOPLE

                    WHO HAVE NOT.  I DON'T KNOW IF YOU WOULD SAY THAT SOMEBODY WHO

                    IDENTIFIES AS A TRANSGENDER WOMAN AND BY APPEARANCE AND DRESS AND

                    EVERYTHING ELSE IS FEMALE, I DON'T KNOW IF YOU WOULD WANT THAT PERSON

                    ON THE MEN'S BASKETBALL TEAM.  I DON'T KNOW IF THE MEN'S BASKETBALL

                    TEAM WOULD WANT THAT PERSON ON THEIR TEAM.

                                 YOU KNOW, AT SOME POINT IN TODAY'S DISCUSSION, I

                    IMAGINE WE'RE GOING TO DISCUSS BATHROOMS.  I DON'T KNOW WHICH

                    BATHROOM SOME OF OUR COLLEAGUES WOULD WANT THAT PERSON, WHO, BY ALL

                    APPEARANCES IS FEMALE, I DON'T KNOW IF OUR -- HOW MANY OF OUR

                    COLLEAGUES THINK THAT PERSON OUGHT TO GO -- OUGHT TO USE THE MEN'S

                    BATHROOM.  MAYBE THERE ARE PEOPLE WHO THINK, WELL, THEY JUST

                    SHOULDN'T PLAY SPORTS, OR, THEY SHOULD, YOU KNOW, GO BEFORE THEY LEAVE,

                    OR HOLD IT IN 'TIL THEY GET HOME.  I'VE ALWAYS WONDERED THAT IN THIS

                    DEBATE.  SO, IT SEEMS TO ME THE SENSIBLE THING IS THAT YOU PARTICIPATE IN

                    THE INSTITUTIONS THAT CONFORM WITH YOUR GENDER IDENTITY.  AND THAT HAS

                    BEEN THE LAW AND THE PRACTICE ALL OVER NEW YORK STATE FOR MANY YEARS,

                    AND CIVILIZATION GOES ON.

                                 MR. GOODELL:  AND NOW -- BY THE WAY, JUST AN

                    ASIDE, I -- I CAN ASSURE YOU THAT NO BASKETBALL TEAM WOULD WANT ME TO

                    PLAY ON THEIR TEAM, BUT IT HAS MORE TO DO WITH MY LACK OF SKILL THAN MY

                    IDENTITY, I THINK.  BUT--

                                 MR. GOTTFRIED:  RIGHT.  ME, TOO.

                                 MR. GOODELL:  THERE ARE A NUMBER OF BUSINESSES,

                                         37



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    AS YOU KNOW, THAT CATER SPECIFICALLY TO WOMEN.  CURVES GYM, FOR

                    EXAMPLE.  I KNOW THERE ARE SOME NEW, HIGH-LEVEL, HIGH-QUALITY, I GUESS

                    THEY'RE CALLED, APARTMENT UNITS OR RENTAL UNITS THAT REALLY FOCUS ON

                    CATERING TO ONE GENDER OR ANOTHER.  THE SAME ANALYSIS WOULD APPLY TO

                    THOSE ENTITIES, AS WELL?

                                 MR. GOTTFRIED:  OF COURSE.  AND AS FAR AS I KNOW,

                    SUCH ENTITIES ARE DOING AS WELL IN NEW YORK AS THEY DO ANYWHERE ELSE.

                                 MR. GOODELL:  NOW, IT SHOULD BE NO SURPRISE, OF

                    COURSE, TO ANY OF US HERE THAT MANY TIMES PARENTS ARE VERY CONCERNED,

                    PARTICULARLY WITH THEIR TEENAGE KIDS, ABOUT JUST WHAT THEY'RE EXPOSED TO.

                    AND SO, WHETHER THERE ARE SHOWERS AT PUBLIC BEACHES WHERE YOU

                    SHOWER OFF AFTER COMING OUT OF THE OCEAN OR SPORTING EVENTS AFTER

                    YOU'VE WORKED OUT, YOU SHOWER OFF BEFORE YOU DRESS INTO STREET CLOTHES.

                    WHAT PROTECTIONS DOES THIS BILL HAVE FOR THE PARENTS AND THEIR CHILDREN

                    WHO MAY NOT WANT TO SHOWER WITH SOMEBODY WHOSE PHYSICAL ANATOMY

                    IS DIFFERENT THAN THEIR DAUGHTER'S?

                                 MR. GOTTFRIED:  WELL, THE SAME THING THAT

                    HAPPENS TO WHITE PARENTS WHO ARE PETRIFIED OF THE THOUGHT OF THEIR CHILD

                    SHOWERING WITH A BLACK PERSON.  AND PEOPLE MAY NOT EXPRESS THAT

                    THOUGHT AS MUCH TODAY AS THEY DID IN PRIOR DECADES, BUT YOU AND I

                    REMEMBER THOSE TIMES WHEN THAT KIND OF THOUGHT WAS EXPRESSED ALL

                    OVER THE PLACE; THAT PEOPLE DIDN'T WANT THEIR CHILDREN SITTING ON THE

                    SAME TOILET SEAT THAT BLACK PEOPLE HAD SAT ON.  THERE ARE, I'M SURE,

                    PARENTS WHO ARE PETRIFIED OF THE THOUGHT THAT THEIR LITTLE BOY WILL GO TO A

                    -- WILL USE A -- A LOCKER ROOM THAT A GAY BOY IS USING.  BUT, YOU KNOW

                                         38



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    WHAT?  PEOPLE HAVE GOTTEN USED TO THAT.

                                 AND ALL OVER NEW YORK THIS LEGISLATION HAS BEEN THE

                    LAW FOR YEARS, AND I'VE NEVER HEARD ANYBODY EXPRESSING A PROBLEM

                    ABOUT IT, OTHER THAN SOME OF MY COLLEAGUES WHO HAVE SAID, OH, PEOPLE

                    WILL BE UP IN ARMS.  WELL, YOU KNOW, THAT HASN'T HAPPENED.  PEOPLE IN

                    SUFFOLK COUNTY, WHERE THIS HAS BEEN THE LAW FOR YEARS, ARE NOT UP IN

                    ARMS.  PEOPLE IN ROCHESTER OR SALT LAKE CITY OR CHARLESTON, SOUTH

                    CAROLINA ARE NOT UP IN ARMS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    GOTTFRIED.  I ALWAYS APPRECIATE YOUR COMMENTS.  THANK YOU.

                                 MR. GOTTFRIED:  THANK YOU.

                                 MR. GOODELL:  ON THE BILL.

                                 ACTING SPEAKER ROZIC:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  THE CHALLENGE THAT I THINK ALL OF US

                    HAVE IS THAT WE, OBVIOUSLY, WANT TO BE SUPPORTIVE AND SYMPATHETIC TO

                    EVERYONE.  I MEAN, EVERYONE'S GOD'S CHILDREN; WHETHER YOU'RE STRAIGHT,

                    GAY, TRANSGENDER, WE'RE ALL GOD'S CHILDREN.  AND SO, YEAH, WE WANT

                    EVERYONE TO HAVE THE MAXIMUM OPPORTUNITY.  THERE'S NO DOUBT ABOUT

                    THAT.  THE CHALLENGE THAT WE HAVE IS, HOW DO WE BALANCE THE DESIRE OF

                    THOSE WHO MAY BE DIFFERENT WITH THOSE WHO MAY NOT WANT TO BE

                    EXPOSED ON A SEXUAL LEVEL TO A DIFFERENT ANATOMY.

                                 I HAD THREE TEENAGE DAUGHTERS AT ONE TIME, THEY'RE ALL

                    OLDER, THANKFULLY, THEY SURVIVED.  I DIDN'T HAVE TO KILL ANY OF THEM.  I'M

                    SORRY.  BUT, GETTING BACK, I -- I DIDN'T WANT MY TEENAGE DAUGHTER

                                         39



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    SHOWERING WITH GUYS.  AND I DIDN'T CARE WHETHER THE GUYS' -- WHAT THEIR

                    PERSPECTIVE WAS, I JUST DIDN'T WANT THAT TO HAPPEN.  THERE'S A TIME AND

                    PLACE.  AND THAT WASN'T THE TIME OR PLACE.  SO, WE RECOGNIZE AS A

                    SOCIETY THERE'S A LOT OF DIFFERENCES BETWEEN MEN AND WOMEN.  WE

                    RECOGNIZE THOSE DIFFERENCES, AND WE EMBRACE THOSE DIFFERENCES, RIGHT?

                    SO, WE HAVE SCHOLARSHIPS THAT ARE AVAILABLE JUST FOR WOMEN BECAUSE WE

                    WANT TO HELP WOMEN ADVANCE.  WE HAVE AN MWBE PROGRAM, RIGHT?

                    WE HAVE SPECIAL CONTRACTUAL BENEFITS THAT WE GIVE TO WOMEN-OWNED

                    BUSINESSES.  WE HAVE SPECIAL SOCIAL CLUBS THAT CATER JUST TO WOMEN, OR

                    CURVES BECAUSE SOME WOMEN DON'T WANT TO WORK OUT IN THE PRESENCE

                    OF GUYS, WHETHER OR NOT THEY IDENTIFY -- HOW EVER THEY IDENTIFY, THEY

                    WANT TO BE AMONGST THEIR COLLEAGUES.

                                 SO, THE PROBLEM WE HAVE HERE IS THIS BILL, AS APTLY

                    EXPLAINED BY MY COLLEAGUE, GOES WAY BEYOND ALL THE CURRENT

                    PROTECTIONS THAT WE HAVE FOR TRANSGENDER INDIVIDUALS.  AND THE COURTS

                    HAVE MADE IT VERY CLEAR THAT WHERE YOUR SEX DOESN'T MAKE ANY

                    DIFFERENCE, WHERE YOUR ANATOMY DOESN'T MAKE ANY DIFFERENCE, YOU ARE

                    PROTECTED UNDER THE DIVISION OF HUMAN RIGHTS, UNDER THE COURT CASES,

                    UNDER THE FEDERAL EEOC, UNDER THE FEDERAL LAW AND REGULATIONS,

                    YOU'RE PROTECTED NOW.  BUT WHAT THIS BILL SAYS IS THAT NO LONGER ARE YOU

                    -- NO LONGER CAN WE HAVE PROGRAMS THAT HELP WOMEN SPECIFICALLY; IF

                    YOU CLAIM YOU'RE TRANSGENDER, YOU'RE ELIGIBLE.

                                 THANK YOU VERY MUCH, MADAM SPEAKER.

                                 ACTING SPEAKER ROZIC:  MR. O'DONNELL.

                                 MR. O'DONNELL:  ON THE BILL.

                                         40



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 ACTING SPEAKER ROZIC:  ON THE BILL.

                                 MR. O'DONNELL:  EVERY YEAR WE HAVE THIS

                    DISCUSSION, I TRY TO STAY IN MY OFFICE, A, TO PRESERVE MY BLOOD PRESSURE

                    AND, B, SO I DON'T EXPRESS ANGER.  WHEN I WAS CORRECTIONS CHAIR I

                    VISITED 38 PRISONS.  AND EVERY PRISON I WENT TO, THE FIRST QUESTION I

                    ASKED, ARE THERE ANY TRANS PEOPLE HERE?  AND IF THERE WERE, I WOULD

                    FIND THEM, SPEAK TO THEM TO ASK THEM IF THEY WERE SAFE.  BECAUSE THE

                    REALITY IS, A TRANS PERSON IN NEW YORK IS NEVER SAFE, THEY ARE NEVER

                    EVER SAFE.

                                 I DIDN'T HAVE THE EASIEST LIFE, AND MANY OF YOU HAVE

                    HEARD ME TALK ABOUT THAT, MANY OF YOU HAVE TOLD YOUR STORIES, TOO.  I'M

                    HERE TO TELL YOU THAT EVERY ONE OF OUR STORIES IS NOTHING COMPARED TO

                    THE DAILY LIFE EXPERIENCE OF A TRANS PERSON.  YOU HAVE ABSOLUTELY NO

                    IDEA.  THEIR LIVES ARE AT RISK.  THEY'RE MORE LIKELY TO BE MURDERED

                    WALKING DOWN THE STREET THAN ANYBODY ELSE.  THAT'S THE REALITY.  WE

                    HAVE MADE SO MUCH PROGRESS IN THE LAST DECADE AND, YET, WE STILL DON'T

                    SAY, IF YOU ARE A TRANS PERSON YOU CAN'T BE FIRED FROM YOUR JOB, YOU

                    CAN'T BE EVICTED FROM YOUR HOME, YOU CAN'T BE STALKED AND MURDERED.

                    YOU'VE GOT TO BE KIDDING.  THESE DISCUSSIONS REDUCED TO A BASE LEVEL, I

                    FEEL LIKE I'M IN THIRD GRADE.  THEY ARE HERE, THEY ARE PART OF OUR

                    COMMUNITY.

                                 AND I WOULD LIKE TO RECOMMEND A SHOW FOR YOU.

                    THERE'S A SHOW CALLED POSE ON FX.  AND IT'S ALL ABOUT THE BEGINNING OF

                    THAT COMMUNITY IN NEW YORK CITY AND WHAT THEY WENT THROUGH, WHAT

                    THEY GO THROUGH.  AND IS IT BETTER TODAY?  YES, IT'S BETTER TODAY BECAUSE

                                         41



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    THE SPONSOR MENTIONED IN PLACES LIKE SUFFOLK COUNTY, THAT BASTION OF

                    LIBERALISM, THEY FIGURED OUT WE SHOULD MAKE SURE THAT OUR PEOPLE ARE

                    PROTECTED IF THEY ARE A TRANS PERSON.  I URGE YOU TO VOTE YES.  THANK YOU

                    VERY MUCH.

                                 ACTING SPEAKER ROZIC:  MS. GLICK.

                                 MS. GLICK:  THANK YOU, MS. SPEAKER.  NOT

                    EVERYBODY WHO IS HERE TODAY WAS HERE IN 2002.  WE PASSED, AFTER 10

                    YEARS, IT BECAME LAW, BUT FOR 10 YEARS, SINCE 1993, THIS BODY HAD BEEN

                    TRYING TO -- HAD PASSED AND TRYING TO GET THE OTHER HOUSE TO DEAL WITH

                    BASIC CIVIL RIGHTS FOR LGB NEW YORKERS.  THE SEXUAL ORIENTATION

                    NON-DISCRIMINATION ACT PASSED YEAR AFTER YEAR WITH GROWING MARGINS.

                    IN THE END, THE ATTEMPT TO INCLUDE TRANSGENDER PEOPLE IN THE BASIC CIVIL

                    RIGHTS PROTECTION DID NOT OCCUR.  AND THERE WAS A DEVIL'S BARGAIN MADE

                    TO PASS SONDA WITH THE BELIEF THAT WE WOULD COME BACK WITHIN A

                    YEAR OR TWO AND TAKE CARE OF THE TRANSGENDER COMMUNITY.

                                 NOW, THIS IS THE 50TH YEAR OF THE STONEWALL REBELLION

                    THAT STARTED THE MODERN LGBTQ STRUGGLE.  AND WHAT PEOPLE WILL NOT

                    REMEMBER IS THAT THE PEOPLE WHO STARTED, WHO FOUGHT BACK AGAINST THE

                    CONSTANT HARASSMENT BY THE POLICE AND JUST BY THE POWERS THAT BE, WERE

                    AT THE TIME PEOPLE WHO WERE REFERRED TO AS "TRANSVESTITES," OR

                    WHATEVER.  AND IT WAS ESSENTIALLY THE TRANS COMMUNITY, THOUGH IT WAS

                    NOT CALLED THAT AT THE TIME, THAT LED THAT FIGHT.  AND FOR THREE DAYS THERE

                    WAS DISRUPTION IN THE DISTRICT I NOW REPRESENT, WHICH LED TO THE

                    BEGINNING OF AN ORGANIZED STRUGGLE FOR BASIC CIVIL RIGHTS FOR THE LGBT

                    COMMUNITY.

                                         42



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 SO HERE WE ARE 50 YEARS LATER, FINALLY RECOGNIZING THAT

                    BASIC CIVIL RIGHTS PROTECTIONS FOR GENDER IDENTITY AND EXPRESSION SHOULD

                    BECOME THE LAW OF THE NEW YORK STATE.  THIS IS NOT RADICAL, IT IS NOT

                    REVOLUTIONARY, IT IS DECADES OVERDUE.  AND I WANT TO COMMEND THE

                    SPONSOR -- AND SINCE I'M ON THE BILL, I CAN MENTION MR. GOTTFRIED'S

                    NAME, WHICH WE'RE NOT SUPPOSED TO DO WHEN WE'RE EXPLAINING OUR

                    VOTE.  SO, I WANT TO THANK THE SPONSOR FOR STICKING WITH THIS YEAR IN AND

                    YEAR OUT.  THIS WILL BE A HISTORIC DAY FOR PASSAGE OF THIS BILL IN BOTH

                    HOUSES, AND FOR MY BILL.  IT IS A MAJOR STEP FORWARD.  BUT AS MY

                    COLLEAGUE SAID, THE PEOPLE WHO ARE MOST IN DANGER OF BEING KILLED, THE

                    PEOPLE WHO ARE UNABLE TO GET JOBS PRIMARILY ARE TRANS WOMEN OF COLOR.

                    AND IT IS CRUCIAL THAT WE BEGIN TO GIVE THE TRANS COMMUNITY BASIC CIVIL

                    RIGHTS AND BEGIN TO PROVIDE LEGAL PROTECTION AND RECOURSE FOR THE TRANS

                    COMMUNITY.  THANK YOU VERY MUCH.

                                 ACTING SPEAKER ROZIC:  MR. BRONSON.

                                 MR. BRONSON:  ON THE BILL.  I RISE TO COMMEND THE

                    SPONSOR FOR FIGHTING FOR THIS PIECE OF LEGISLATION OVER THE LAST MANY

                    YEARS AND FOR CONTINUING TO EDUCATE NOT ONLY THE LEGISLATURE, BUT THE

                    COMMUNITY-AT-LARGE OF THE IMPORTANCE OF THIS ANTI-DISCRIMINATION

                    MEASURE.

                                 SOME OF MY COLLEAGUES HAVE ALREADY TALKED ABOUT THE

                    HATE AND THE ASSAULTS AND THE MURDERS OF OUR TRANS COMMUNITY.  SOME

                    OF YOU MAY OR MAY NOT KNOW THAT EVERY YEAR WE HAVE A TRANS DAY OF

                    REMEMBRANCE, TO REMEMBER THOSE SOULS THAT WE'VE LOST TO THE HANDS OF

                    OTHERS, OR BECAUSE OF SUICIDE.  LAST WEEK I ATTENDED A COMMUNITY

                                         43



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    MEETING BECAUSE A TRANS WOMAN OF COLOR HAD BEEN ASSAULTED MERELY

                    BECAUSE SHE LOOKED DIFFERENTLY AND SHE WALKED INTO A CONVENIENCE

                    STORE, AND SOMEONE WAS OFFENDED BY THAT.  SO OFFENDED THAT THEY FELT

                    THEY HAD THE RIGHT TO HIT HER AND TO KICK HER.

                                 THAT'S WHAT THIS BILL IS ABOUT.  IT'S ABOUT PUTTING INTO

                    LAW A PROHIBITION AGAINST THOSE TYPES OF HATE CRIMES.  IT'S ALSO ABOUT

                    PUTTING INTO LAW ANTI-DISCRIMINATION MEASURES TO SAY THAT YOU CANNOT

                    BE FIRED FROM A JOB, YOU CANNOT BE EVICTED FROM YOUR APARTMENT, YOU

                    CANNOT BE DENIED FROM A LOAN AT A BANK, SIMPLY BECAUSE YOU ARE LIVING

                    YOUR AUTHENTIC SELF, SIMPLY BECAUSE YOU WANT TO IDENTIFY AS THE GENDER

                    WHO YOU ARE, OR EXPRESS YOURSELF IN A DIFFERENT WAY.

                                 AS HAS BEEN MENTIONED, IN 2002, GAY, LESBIAN AND

                    BISEXUALS ENTERED THE WORLD OF PROTECTION AND EMPLOYMENT AND

                    BANKING AND HOUSING, ET CETERA.  BUT WE DID NOT INCLUDE OUR TRANS

                    COMMUNITY.  THIS BILL WOULD -- WILL CHANGE THAT.  THIS BILL WILL EDGE US

                    EVER CLOSER TO THE PERFECTION THAT THIS NATION IS LOOKING FOR.  WE DID NOT

                    REACH PERFECTION WHEN LINCOLN EMANCIPATED THE SLAVES; WE DID NOT

                    REACH PERFECTION WHEN WOMEN EARNED THE RIGHT TO VOTE; WE DID NOT

                    REACH PERFECTION WHEN THE CIVIL RIGHTS ACT WAS PASSED AND WE WILL NOT

                    REACH PERFECTION TODAY, BUT WE'LL EDGE EVER CLOSER TO FULL EQUALITY FOR

                    PEOPLE WHO ARE PART OF THE TRANS AND NON-BINARY COMMUNITY.  WE WILL

                    EDGE EVER CLOSER TO HAVING FULL EQUALITY FOR OF OUR LGBTQ INDIVIDUALS.

                                 THIS IS NOT ABOUT BATHROOMS.  THIS IS NOT ABOUT

                    SHOWERS.  THIS IS ABOUT BEING ADULTS, ABOUT THE HUMAN BEING AND ABOUT

                    THE -- THE IDEA THAT WE CAN CELEBRATE OUR DIFFERENCES.  WE CAN SEE

                                         44



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    STRENGTH IN OUR DIFFERENCES.  WE WILL BE A BETTER STATE WHEN WE DO SO.

                    AND FOR THOSE OF YOU WHO SAY, WELL, THE HUMAN RIGHTS DIVISION IS

                    ALREADY RECOGNIZING THIS UNDER THE GOVERNOR'S DIRECTIVE, OR, THAT THE

                    CASE LAW IS -- IS IN PLACE, SO SOMEHOW THERE'S ALREADY PROTECTIONS.  I

                    REMIND YOU THAT AT THE FEDERAL LEVEL, THE PREVIOUS ADMINISTRATION PUT

                    THOSE PROTECTIONS, SOME OF THEM, IN EXECUTIVE ORDERS, SOME OF THEM

                    THROUGH DIRECTIVES TO VARIOUS AGENCIES; YET, WE HAVE A FEDERAL

                    ADMINISTRATION NOW THAT WANTS TO REDEFINE WHAT GENDER MEANS AS A

                    WAY TO CLOSE ITS EYES ON THE TRANS COMMUNITY, AS A WAY TO SAY IF WE

                    DON'T LOOK AT YOU, WE CAN'T SEE YOU AND WE CAN'T ACKNOWLEDGE YOU FOR

                    THE DIGNITY AND THE HUMAN BEINGS THAT YOU ARE.  THIS BILL IS BIGGER THAN

                    JUST NEW YORK STATE.  THIS BILL IS ABOUT A COUNTRY THAT HAS AN IDEAL OF

                    REACHING PERFECTION OF FULL EQUALITY FOR EVERY HUMAN -- EVERY HUMAN

                    BEING NO MATTER WHO THEY ARE, WHAT THEY LOOK LIKE, WHERE THEY COME

                    FROM, WHO THEY LOVE.  BECAUSE EVERY HUMAN BEING HAS DIGNITY.  EVERY

                    HUMAN BEING WITH THAT DIGNITY DESERVES FULL EQUALITY, JUSTICE AND AN

                    OPPORTUNITY TO SUCCEED.  TRANS INDIVIDUALS CAN NOT SUCCEED IF WE DO

                    NOT ALLOW THEM TO BE EMPLOYED, WE DON'T ALLOW THEM TO GET BANK

                    LOANS, WE DON'T ALLOW THEM TO LIVE IN OUR COMMUNITIES.  WE CANNOT

                    CLOSE OUR EYES ON THE TRANS COMMUNITY.

                                 I SAY TO MY COLLEAGUES TODAY, LET'S SEND A MESSAGE TO

                    THE TRANS COMMUNITY AND SAY WE SEE YOU, WE CARE ABOUT YOU, AND WE

                    BELIEVE YOU DESERVE FULL EQUALITY.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                         45



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WILL THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RA:  I JUST HAVE ONE QUICK QUESTION.  AND I -- I

                    KNOW THAT, YOU KNOW, AMONGST THE PROVISIONS THIS IS AMENDING, YOU

                    KNOW, OBVIOUSLY RELATE TO HOW DIFFERENT PRACTICES ARE -- ARE CONSIDERED

                    IN VARIOUS PARTS OF OUR LAW, INCLUDING THE EDUCATION LAW, SO -- SO THE

                    QUESTION IS, I THINK, PRETTY SPECIFIC.  WOULD A RELIGIOUS INSTITUTION LIKE

                    A, YOU KNOW, ALL GIRLS RELIGIOUS HIGH SCHOOL, BE REQUIRED UNDER THIS TO

                    ADMIT A STUDENT WHO IDENTIFIES AS FEMALE, BUT WAS, YOU KNOW, BORN

                    MALE?

                                 MR. GOTTFRIED:  AS THEY DO IN NEW YORK CITY

                    AND ALBANY COUNTY AND WESTCHESTER AND ROCHESTER AND SALT LAKE

                    CITY, YES.

                                 MR. RA:  OKAY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. DICKENS.

                                 MS. DICKENS:  THANK YOU, MR. SPEAKER.  YOU

                    KNOW, TODAY WE'RE ABOUT TO PASS, HOPEFULLY, HISTORIC LEGISLATION FOR THE

                    LGBTQI COMMUNITY.  I WAS BLESSED TO BE ABLE TO OPEN UP THE VERY

                    FIRST CENTER FOR THE LGBTQI COMMUNITY CALLED THE HARLEM PRIDE, AND

                    PROVIDE THEM WITH A SAFE HAVEN IN HARLEM IN WHICH THEY COULD GO.  A

                    FEW YEARS AGO, WE HAD A TRANSGENDER WOMAN ATTACKED AND MURDERED

                    ON THE STREETS OF HARLEM.  IT CAUSED US TO RALLY TOGETHER, TO FIGHT.  BUT

                    TODAY, I THANK THE SPONSOR BECAUSE NOW THE LGBTQI COMMUNITY WILL

                                         46



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    HAVE LAW AND LEGISLATION FOR PROTECTION.  WHERE AS BEFORE THEY COULD

                    BE MURDERED AND, OFTENTIMES, THE POLICE DIDN'T EVEN CARE.

                                 SO, THANK YOU TO THE SPONSOR, AND BOTH SPONSORS, FOR

                    THE HISTORIC LEGISLATION AND HAVING THE FIGHTING SPIRIT TO CONTINUE TO

                    PUSH THROUGH LEGISLATION THAT HAS BEEN DIFFICULT TO PASS, AND FOR MANY,

                    MANY YEARS WAS NOT EVEN THOUGHT TO BE RELEVANT.  I URGE MY COLLEAGUES

                    TO VOTE IN THE AFFIRMATIVE TO PROTECT ALL COMMUNITIES, BECAUSE THIS IS A

                    CIVIL RIGHTS ISSUE AND NOT MERELY A GAY ISSUE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. NIOU.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO SPEAK ON THIS IMPORTANT BILL.  I RISE IN SUPPORT OF GENDA, A

                    CRITICAL PIECE OF LEGISLATION THAT PROTECTS THE RIGHTS AND DIGNITY OF OUR

                    COMMUNITY.  FIRST, I WANT TO THANK THE SPONSOR FOR INTRODUCING THIS BILL

                    16 YEARS AGO, BUT IT SHOULDN'T TAKE 16 YEARS TO PASS SUCH A

                    COMMONSENSE BILL.

                                 TRANSGENDER AND GENDER NON-CONFORMING NEW

                    YORKERS DESERVE THE OPPORTUNITY TO LIVE HAPPY, HEALTHY AND FULFILLING

                    LIVES LIKE ANYONE ELSE IN THIS STATE.  THE PROPOSED BILL PROHIBITS

                    DISCRIMINATION AND HOSTILITY TOWARDS TRANSGENDER PEOPLE.  IT PROTECTS

                    THEM FROM DISCRIMINATION AND DISCRIMINATORY TREATMENT THAT EXCLUDE

                    THEM FROM HOUSING, EMPLOYMENT, EDUCATION AND ACCESS TO HEALTH CARE

                    SERVICES.  ALL VERY BASIC NEEDS THAT SAFEGUARD TRANSGENDER PEOPLE WHO

                    ARE OFTEN INNOCENT TARGETS OF CRUEL, BASELESS HATE CRIMES.

                                 FOLKS WHO IDENTIFY AS TRANS AND GENDER

                    NON-CONFORMING MAKE UP A LARGE PERCENTAGE OF OUR HOMELESS YOUTH

                                         47



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    POPULATION.  LIKE ASSEMBLYMEMBER O'DONNELL SAID, THERE ARE -- THEY

                    ARE MORE AT RISK OF BEING VICTIMS OF VIOLENCE AND MURDER.  THEY ALSO

                    HAVE THE HIGHEST RATES OF SUICIDE.  I'VE HAD SEVERAL CLOSE TRANSGENDER

                    AND NON-BINARY FRIENDS COMMIT SUICIDE.  THE DEPRESSION FROM HAVING

                    BODY DYSPHORIA OR HAVING YOUR FAMILY NOT WANT YOU CAN BE

                    DEBILITATING.

                                 MY BEST FRIEND WAS GENDER NON-CONFORMING.  SHE

                    PASSED AWAY TWO YEARS AGO.  AND WE HAVE KNOWN EACH OTHER SINCE WE

                    WERE 13.  WHAT KIND OF INFLUENCE DID BETTY HAVE ON ME ALL THESE

                    YEARS?  WHAT KIND OF IMPACT DID BETTY HAVE ON ME AS A CHILD?  I

                    LEARNED COMPASSION, OPEN-MINDEDNESS, LOVE, LOYALTY, FRIENDSHIP,

                    HUMILITY, AND MOST OF ALL, TO ASK IMPORTANT QUESTIONS LIKE, DO SEAGULLS

                    LIKE CHOCOLATE CAKE?  DO COWS EAT CHEESE?  AND WHY IS THE WORD

                    "FROLIC" SO FREAKISHLY HAPPY?  BETTY DESERVED TO BE TREATED JUST LIKE

                    ANY OTHER KID, LIKE A HUMAN.

                                 THIS BILL IS COMMON SENSE.  BUT IT'S ALSO NOT ENOUGH.

                    WE MUST CONTINUE TO LOOK AT HOW TO BEST SERVE AND PROTECT TRANSGENDER

                    AND GENDER NON-CONFORMING NEW YORKERS.  FOR EXAMPLE, WE MUST ALSO

                    IMPROVE OUR SYSTEM BY FUNDING AND PROTECTING SERVICES FOR TNGC

                    HEALTH CARE.  BETTY BECAME A PHYSICAL THERAPIST TO HELP PEOPLE FEEL

                    SAFE WHEN THEY WERE NEEDING HEALTH CARE.  I THINK THIS IS ONLY THE

                    BEGINNING OF A CONVERSATION THAT WE NEED TO HAVE TO SUPPORT OUR

                    TGNGC FRIENDS AND FAMILY.

                                 AS A PROGRESSIVE STATE, WE MUST LEAD BY EXAMPLE FOR

                    OTHER STATES TO FOLLOW.  JUST LAST WEEK, FLORIDA GOVERNOR RON DESANTIS

                                         48



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    SIGNED AN ANTI-DISCRIMINATION ORDER THAT INTENTIONALLY LEFT OUT ALL

                    LGBTQ PEOPLE.  WHILE OTHERS MIGHT NOT GRASP THE NOTION THAT

                    DISCRIMINATION OF ANY KIND IS DISGUSTING AND UNACCEPTABLE, WE HAVE THE

                    VERY REAL OPPORTUNITY HERE IN NEW YORK TO BACK UP OUR PROGRESSIVE

                    VALUES BY PROVIDING AN EQUITY-FOCUSED AND RIGHTS-BASED APPROACH TO

                    CHANGE OUR COMMUNITY.  LIKE ASSEMBLYMEMBER GLICK JUST SAID, THIS IS

                    NOT RADICAL OR REVOLUTIONARY, IT'S JUST RIGHT.

                                 SO, THANK YOU, AND I URGE FOLKS TO VOTE IN THE

                    AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I, TOO, WANT TO RISE AND REALLY COMMEND THE SPONSOR OF THIS

                    LEGISLATION FOR HIS STEADFASTNESS IN INTRODUCING IT YEAR AFTER YEAR AFTER

                    YEAR AND, IN SOME CASES, MR. SPEAKER, ANSWERING THE EXACT SAME

                    QUESTIONS THAT HE HAS ANSWERED IN THE PAST.  IT TAKES A LOT TO KEEP DOING

                    THE SAME THING OVER AND OVER AND OVER AND NOT GETTING A RESULT.

                                 FINALLY, THOUGH, MR. SPEAKER, I THINK WE MAY BE AT A

                    PLACE IN THE STATE OF NEW YORK WHERE WE'RE READY TO GET THE KIND OF

                    RESULTS THAT WILL BENEFIT ALL NEW YORKERS.  IT HAS BEEN MENTIONED MORE

                    THAN ONCE ON THIS FLOOR THAT THIS IS ABOUT CIVIL RIGHTS.  WE DON'T HAVE THE

                    RIGHT TO CHOOSE FOR PEOPLE WHO THEY SHOULD BE, OR WHAT THEY ARE.  THAT

                    IS NOT OUR CALL AS LEGISLATORS.  THAT IS THEIR CALL AND THEIR CONNECTION

                    WITH THEIR GOD.  ONCE THEY HAVE MADE THAT DECISION, WE HAVE A

                    RESPONSIBILITY TO TREAT THEM AS WE WANT TO BE TREATED.  AND SO, FOR FOLKS

                    WHO THINK THAT THERE'S SOMETHING WRONG WITH ALLOWING PEOPLE TO HAVE

                                         49



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    THAT DIGNITY, I'M GOING TO PRAY.  BECAUSE I THINK THAT EVERYBODY

                    DESERVES DIGNITY.

                                 AND AGAIN, I WANT TO THANK MR. GOTTFRIED FOR HIS --

                    AND I SHOULDN'T HAVE MENTIONED HIS NAME, FORGIVE ME, ESPECIALLY NEW

                    MEMBERS, BUT I AM A SPONSOR OF THE BILL.  I WANT TO THANK HIM, AGAIN,

                    BECAUSE IT'S LONG AND HARD TO GET TO THIS POINT.  BUT IT'S A GREAT DAY

                    WHEN WE CAN SAY TO NEW YORKERS ACROSS THE STATE NO MATTER WHERE

                    THEY LIVE OR WHAT COMMUNITIES THEY COME FROM, THAT YOU ARE AS

                    IMPORTANT AS YOUR NEIGHBOR.  YOU ARE AS IMPORTANT AS THE PERSON WHO

                    SITS NEXT TO YOU IN SCHOOL, SITS NEXT TO YOU IN CHURCH, OR EVEN GOES WITH

                    YOU TO COLLEGE.  YOU ARE AS IMPORTANT AS THE NEXT PERSON AND WE ARE

                    GRATEFUL FOR YOUR PRESENCE IN OUR SOCIETY.

                                 WITH THAT, MR. SPEAKER, I LOOK FORWARD TO VOTING FOR

                    THIS LEGISLATION.  I HOPE THAT MY COLLEAGUES WILL, AS WELL, BUT I'M NOT

                    SURE WHERE WE ARE WITH THE SENATE.  WE DO HAVE OTHER SPEAKERS, THAT'S

                    GREAT.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED.

                                 MR. GOTTFRIED:  THANK YOU, MR. SPEAKER.  YOU

                    KNOW, IT WAS MENTIONED A COUPLE OF TIMES THAT THIS BILL GOES -- OR ASKED

                    WHETHER IT GOES BEYOND THE PROTECTIONS THAT WE NOW HAVE IN MANY

                    COMMUNITIES IN NEW YORK AND STATEWIDE BY REGULATION AND THE

                    ANSWER IS, THIS DOES NOT GO BEYOND THOSE PROTECTIONS.  THESE ARE

                    PROTECTIONS THAT WE HAVE HAD IN MANY COMMUNITIES IN NEW YORK FOR

                    YEARS AND BY REGULATION IN NEW YORK FOR SEVERAL YEARS, EXCEPT THAT IT

                                         50



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    ADDS WHAT CANNOT BE DONE BY REGULATION OR LOCAL LAW, AND THAT IS

                    PROTECTION OF THE HATE CRIMES LAW TO FINALLY DEAL WITH THE REALLY

                    HORRENDOUS ISSUE OF VIOLENCE AGAINST TRANSGENDER PEOPLE.

                                 YOU KNOW, THE SEXUAL ORIENTATION

                    NON-DISCRIMINATION ACT WAS FIRST INTRODUCED IN 1971.  I WAS AT THE

                    FIRST PRESS CONFERENCE FOR THE BILL.  IT WAS FINALLY PASSED IN ITS 32ND

                    YEAR.  THIS BILL WAS INTRODUCED FIRST IN 2003, 17 INTRODUCTIONS AGO.  IT IS

                    NOW PASSING THE ASSEMBLY, I TRUST, FOR THE 12TH TIME.  I GUESS THE GOOD

                    NEWS IS WE'RE NOT GOING TO HAVE TO HAVE THIS DEBATE AGAIN IN THIS

                    CHAMBER.

                                 I WANT THANK A REALLY DEDICATED AND PERSISTENT ARMY OF

                    ADVOCATES - MANY OF THEM TRANSGENDER PEOPLE, MANY OF THEM NOT - WHO

                    HAVE CREATED AND SUSTAINED THIS MOVEMENT AND -- AND BROUGHT US TO

                    THIS DAY.  THEY ARE FAR TOO NUMEROUS FOR ME TO -- TO MENTION BY NAME.

                    I DO WANT TO MENTION TWO PEOPLE, TWO MEMBERS OF MY STAFF, MY

                    CHIEF-OF-STAFF, WENDI PASTER, WHO HAS BEEN WORKING ON THIS ISSUE

                    SINCE SEVERAL YEARS BEFORE THE BILL WAS FIRST INTRODUCED; AND SHERRI

                    SALVIONE, WHO IS SITTING HERE WITH ME, WHO HAS BEEN INVOLVED IN THIS

                    STRUGGLE AND THE STRUGGLE FOR LGB RIGHTS FOR MANY, MANY YEARS.

                                 SO, TO CLOSE.  EVERY SCHOOL CHILD KNOWS THE WORDS OF

                    THE DECLARATION OF INDEPENDENCE, THAT WE ARE ALL CREATED EQUAL, THAT

                    WE ARE ENDOWED WITH CERTAIN INALIENABLE RIGHTS, AND THAT AMONG THOSE

                    ARE LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS.  MOST SCHOOL CHILDREN DO

                    NOT RECITE BY MEMORY THOMAS JEFFERSON'S NEXT LINE, WHICH APPLIES

                    PARTICULARLY TO US AND TO WHAT WE ARE DOING TODAY, THAT TO SECURE THESE

                                         51



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    RIGHTS, GOVERNMENTS ARE INSTITUTED.  THAT'S OUR JOB AND WE ARE DOING A

                    PART OF THAT JOB TODAY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO TALK ON THIS BILL.  YOU KNOW, AGAIN, I WANT TO COMMEND

                    MY COLLEAGUE FOR SPONSORING THIS BILL AND FOR BEING SUCH A STAUNCH

                    LEADER IN THE FIGHT FOR THE LGBTQ COMMUNITY, SPECIFICALLY FOR THE

                    RIGHTS NOT TO BE DISCRIMINATED AGAINST.  SO, THANK YOU, MY COLLEAGUE.

                                 IT IS WITH GREAT PLEASURE THAT I RISE TO SUPPORT THE

                    GENDER EXPRESSION NON-DISCRIMINATION ACT, GENDA.  EVERYONE,

                    REGARDLESS OF GENDER IDENTITY, AND/OR GENDER EXPRESSION, SHOULD HAVE A

                    RIGHT TO A HAPPY AND HEALTHY LIFE FREE OF DISCRIMINATION OF ANY KIND,

                    INCLUDING BEING PROTECTED AGAINST HATE CRIMES.  VIA SUPREME COURT

                    RULING OF OBERGEFELL V. HODGES IN 2015, SAME SEX COUPLES WERE GIVEN

                    THE RIGHT TO MARRY ON THE SAME TERMS AS OPPOSITE SEX COUPLES UNDER

                    BOTH THE DUE PROCESS CLAUSE AND THE EQUAL PROTECTION CLAUSE OF THE 14TH

                    AMENDMENT.  THAT DECISION CAME AFTER YEARS OF ADVOCATING AND

                    SUPPORTING A MARGINALIZED COMMUNITY.

                                 NOW, IT'S TIME TO SUPPORT ANOTHER CRITICAL ISSUE, A

                    CRITICAL ISSUE IN THE LGBTQ COMMUNITY BECAUSE IT'S A BASIC HUMAN

                    RIGHT.  A BASIC HUMAN RIGHT IS AT STAKE.  I STAND WITH MY LGBT

                    COMMUNITY IN SUPPORT OF GENDA TO ENSURE EQUALITY FOR ALL.  WE NEED

                    TO ENSHRINE PROTECTIONS AND MAKE SURE NO ONE CAN BE, OR FEELS THAT THEY

                    CAN BE ERASED BECAUSE OF THEIR IDENTITY, AND BECAUSE WE KNOW THAT

                    HUMAN RIGHTS ARE NON-NEGOTIABLE.  OTHER STATES HAS (SIC) PASSED

                                         52



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    GENDA ALREADY.  IT IS LONG PAST TIME FOR NEW YORK TO TAKE THIS SAME

                    STEP.  OUR STATE'S HUMAN'S (SIC) RIGHTS LAW, WHICH ARE TYPICALLY AT THE

                    FOREFRONT OF OUR COUNTRY'S CIVIL RIGHTS LAWS, HAVE LAGGED BEHIND FAR

                    TOO LONG.  WE NEED THIS NOW.  WE NEED TO MAKE SURE PEOPLE WHO ARE

                    HARASSED FOR THEIR IDENTIFY KNOW WE IN NEW YORK STATE WILL NOT STAND

                    FOR IT.

                                 SO, I -- MR. SPEAKER, I'M REALLY EXCITED TODAY.  FOR 16

                    YEARS, NEW YORK STATE HAS BEEN TRYING TO PUSH THIS LEGISLATION.  BASIC

                    HUMAN RIGHT.  BASIC HUMAN RIGHT.  AND, FINALLY, WITH GOD'S WILL AND ALL

                    THE PRAYER, WE'RE GOING TO SEE THIS PASS.  I URGE ALL MY COLLEAGUES TO

                    JOIN ME AND OTHERS HERE WHO SUPPORT THIS BILL TO VOTE IN THE

                    AFFIRMATIVE.  I THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. WALKER.

                                 MS. WALKER:  THANK YOU, MR. SPEAKER.  I RISE TO

                    COMMENT ON MY SUPPORT FOR THIS VERY IMPORTANT AND GROUNDBREAKING

                    PIECE OF LEGISLATION, GENDA.

                                 WE RECOGNIZE THAT OUR HISTORY HAS SHOWN US

                    REPEATEDLY THAT THE 14TH AMENDMENT PROVIDES PROTECTIONS OVER THE

                    PEOPLE OF THIS COUNTRY FOR MANY DIFFERENT THINGS, INCLUDING SOMETHING

                    AS DANGEROUS AS DEATH.  WHEN WE HAVE HAD CONVERSATIONS THROUGHOUT

                    THE COURSE OF TIME OVER EQUAL PROTECTION, OVER EQUAL PROTECTION UNDER

                    THE LAW, WE HAVE LOOKED AT IT FROM MANY DIFFERENT RACIAL STANDPOINTS.

                    IT WAS -- IT WAS WHAT GAVE US JUSTICES UNDER PLESSY V. FERGUSON.  IT IS

                    WHAT GAVE US THE VOTING RIGHTS ACT.  AND IT'S TIME NOW FOR US TO

                    RECOGNIZE THAT WHILE WE HAVE EQUAL PROTECTION FOR WOMEN, EQUAL

                                         53



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    PROTECTION FOR CLASSES WHICH INCLUDES RACE, THAT IT'S TIME FOR US TO ACT

                    AND PROTECT ALL OF THE HUMAN RIGHTS OF ALL OF OUR -- OF THE PEOPLE OF NOT

                    ONLY THIS STATE, BUT TO SEND A RESOUNDING SOUND TO OUR COUNTRY THAT SO

                    MANY INDIVIDUALS WHO NEED US TO STAND WITH THEM AS THEY ARE GOING

                    THROUGH THE SAME INJUSTICES THAT WE KNOW OF AND THAT WE'VE LIVED

                    THROUGH.

                                 ONE OF THE THINGS THAT I'VE ALWAYS BELIEVED IN IS THAT

                    THERE ARE MANY DIFFERENT PROTECTIONS THAT MAY HAVE TAKEN US OVER 200

                    YEARS TO ACHIEVE, BUT WE RECOGNIZE THAT ALL OF THESE HUMAN RIGHTS WILL

                    TAKE US AN ETERNITY TO PROTECT.  AND RIGHT NOW, OUR BROTHERS AND SISTERS

                    OF THE LGBTQ COMMUNITY NEED US NOW MORE THAN EVER.  SO, IT BRINGS

                    ME GREAT HONOR AND A GREAT PRIVILEGE TO DO MY PART IN JUSTICE, TO DO MY

                    PART IN SUPPORTING FAIRNESS AND EQUITY NOT ONLY HERE IN OUR STATE, BUT

                    AGAIN, TO BE VERY ENCOURAGING ACROSS THE COUNTRY TO -- TO LOOK TO NEW

                    YORK STATE AS A LEADER ON THIS TOPIC, AND FOLLOW SUIT WITH US AS WE

                    PROTECT INDIVIDUALS WHO NEED US THE MOST.

                                 THANK YOU, MR. SPEAKER.  I LOOK FORWARD TO VOTING IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                         54



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. CRUZ TO EXPLAIN HER VOTE.

                                 MS. CRUZ:  THANK YOU, MR. SPEAKER.  I REPRESENT THE

                    LARGEST POPULATION OF UNDOCUMENTED TRANS LATINAS WHO, EVERY DAY, FACE

                    THE FEAR OF VIOLENCE, DEPORTATION OR DEATH.  THIS IS THE SAME

                    NEIGHBORHOOD WHERE JULIO RIVERA WAS KILLED AND WHERE NAYRA AND

                    GABRIELA WERE ATTACKED TWO YEARS AGO BECAUSE THEY LIVED THEIR TRUTH.  I

                    THANK THE SPONSOR, BECAUSE THIS BILL BRINGS US CLOSER TO PROTECTING

                    THEM.  AND BECAUSE I CAN GO BACK AND TELL NICOLAS, A -- A TRANS YOUNG

                    LATINO MAN THAT OUR GOVERNMENT WILL PROTECT HIS RIGHT TO BE WHO HE IS.

                    TODAY, I CAST MY VOTE PROUDLY IN THE AFFIRMATIVE IN THE NAME OF JESSICA

                    AND ELIZABETH, TWO TRANS LATINA ACTIVISTS IN MY NEIGHBORHOOD.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  MS. CRUZ IN THE

                    AFFIRMATIVE.

                                 MR. ORTIZ.

                                 MR. ORTIZ:  THANK YOU, MR. SPEAKER.  AND I, TOO,

                    WOULD LIKE TO JOIN TO THANK THE SPEAKER FOR ALLOWING THIS BILL TO BE ON

                    THE FLOOR, AND THE SPONSOR, WHO HAS BEEN WORKING SO HARD FOR MANY,

                    MANY YEARS TO BRING LIGHT, FINALLY, AT THE END OF THE TUNNEL TO THIS

                    IMPORTANT ISSUE.  IT IS SAD TRUTH THAT THE CURRENT ADMINISTRATION IN

                    WASHINGTON HAS HELPED TO CREATE A POLITICAL CLIMATE THAT MAKES THESE

                    PROTECTIONS NECESSARY AND URGENT.  THIS ADMINISTRATION IN WASHINGTON

                    HAS ALREADY BANNED MILITARY SERVICES FOR TRANSGENDER CITIZENS.  AS A

                    PROUD VETERAN, I AM STANDING RIGHT HERE TO NOT JUST TO VOTE FOR THIS BILL,

                                         55



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    BUT TO GIVE A VOTE OF CONFIDENCE TO MY COUSIN WHO IS A WARRANT OFFICER

                    PILOT IN THE U.S. ARMY WHO HAPPENED TO BE ONE OF THOSE TRANSGENDER

                    INDIVIDUALS WHO HAD TO BE ON THE SHADOW.  AND BECAUSE OF HER, SHE HAS

                    GIVEN ME THE COURAGE NOT TO JUST SPEAK ON THIS PARTICULAR BILL, BUT TO

                    CONTINUE TO HELP AND TO CONTINUE TO BRING VISIBILITY TO THE IMPORTANCE

                    OF THE HUMAN RIGHT ISSUE THAT THIS COMMUNITY HAS CONTINUED TO FACE

                    AND CONTINUE TO FACE TODAY WITH A DRACONIAN PUBLIC POLICY THAT

                    CONTINUES TO COME FROM WASHINGTON.

                                 THEREFORE, MR. SPEAKER, 18 STATES AND WASHINGTON,

                    D.C. HAVE ALREADY ACTED TO PROTECT THEIR TRANSGENDER AND GENDER

                    NON-CONFORMING RESIDENTS, AND 11 CITIES AND COUNTIES IN THE -- IN NEW

                    YORK HAS (SIC) DONE THE SAME.  SO, WITH THAT, MR. SPEAKER, I WITHDRAW

                    AND I WILL BE VOTING ON THE AFFIRMATIVE ON THIS BILL.  AND, THANK YOU,

                    BECAUSE TODAY IS A WONDERFUL HISTORICAL MOMENT FOR EVERY SINGLE ONE

                    OF US.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  MR.

                    ORTIZ IN THE AFFIRMATIVE.

                                 MS. LINDA ROSENTHAL.

                                 MS. ROSENTHAL:  THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  I RISE TODAY FOR WHAT I HOPE WILL BE THE FINAL TIME IN

                    SUPPORT OF THE GENDER EXPRESSION NON-DISCRIMINATION ACT.

                                 WHEN THIS LEGISLATION WAS FIRST INTRODUCED BY

                    ASSEMBLYMEMBER GOTTFRIED IN 2003, TRANSGENDER AND GENDER

                    NON-CONFORMING INDIVIDUALS WERE EVEN LESS VISIBLE THAN THEY ARE TODAY.

                    AND MANY PEOPLE DID NOT KNOW TRANSGENDER PEOPLE OR WHAT THE TERM

                                         56



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    "GENDER EXPRESSION" EVEN MEANT.  DESPITE THE TREMENDOUS PROGRESS

                    WE'VE MADE, TRANSGENDER AND GENDER NON-CONFORMING INDIVIDUALS STILL

                    LIVE IN A SOCIETY WHERE THEY FACE AN IMMENSE AMOUNT OF DISCRIMINATION

                    AND HARASSMENT ON A DAILY BASIS.

                                 JUST DAYS AGO IN ALABAMA, DANA MARTIN BECAME THE

                    FIRST TRANSGENDER INDIVIDUAL KILLED IN 2019.  SHE WAS FOUND INSIDE HER

                    CAR IN A DITCH WITH A FATAL GUNSHOT WOUND TO HER HEAD, A STORY ALL TOO

                    FAMILIAR TO THE TRANSGENDER COMMUNITY, AND THE STARK REMINDER THAT THE

                    FIGHT FOR EQUALITY IS NOT YET OVER.  WE WILL NO LONGER ALLOW THIS

                    IMPORTANT CONVERSATION TO BE REDUCED TO SOMETHING AS TRIVIAL AS

                    BATHROOMS.  THE FACT OF THE MATTER IS THAT TRANSGENDER AND GENDER

                    NON-CONFORMING PEOPLE ARE PEOPLE JUST LIKE EVERYBODY ELSE.  YOU

                    MIGHT EVEN BE FRIENDS WITH SOMEONE AND NOT KNOW THAT THEY ARE

                    GENDER NON-CONFORMING OR TRANSGENDER.  THAT HAPPENS.  THEY ARE

                    PEOPLE; WE NEED TO PROTECT EVERYONE'S RIGHTS IN THIS STATE AND, TODAY,

                    WE'RE MAKING A GREAT LEAP FORWARD BY PROTECTING PEOPLE WHO ARE

                    DISCRIMINATED ON -- AGAINST BECAUSE OF THEIR GENDER IDENTITY EXPRESSION.

                    AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL IN THE

                    AFFIRMATIVE.

                                 MR. BLAKE.

                                 MR. BLAKE:  THANK YOU, MR. SPEAKER, AND

                    COLLEAGUES, IN SUPPORT OF THIS LEGISLATION AND FIRST AND FOREMOST, LET US

                    CELEBRATE AND -- AND CONGRATULATE THE SPONSOR FOR HIS CONTINUED

                    LEADERSHIP ON THIS ISSUE.  WE STAND, OF COURSE, WITH OUR TRANSGENDERED

                                         57



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    SISTERS AND BROTHERS AND OUR GENDER NON-CONFORMING, AS WELL.  AS A

                    MINISTER, THE SCRIPTURE THAT IS QUITE APPROPRIATE FOR THIS, ON WHAT WOULD

                    HAVE BEEN DR. KING'S 90 BIRTHDAY, IS ROMANS 14 AND 13:  "THEREFORE,

                    LET US STOP PASSING JUDGMENT ON ONE ANOTHER.  INSTEAD, MAKE UP YOUR

                    MIND NOT TO PUT ANY STUMBLING BLOCK OR OBSTACLE IN THE WAY OF A

                    BROTHER OR SISTER."  WE COME HERE TODAY TO PASS LAWS THAT ACTUALLY HELP

                    ONE ANOTHER AND AS A CO-SPONSOR ON THIS BILL, WE STAND IN SUPPORT

                    GREATLY.  WE SEND A POWERFUL MESSAGE TO ALL OF OUR PEOPLE ACROSS OUR

                    CITY AND COUNTRY THAT WE STAND IN SUPPORT WITH THE LGBTQ

                    COMMUNITY IN ALL ASPECTS AND IN ALL WAYS, WHETHER IT'S IN OUR DISTRICT

                    WITH BOOM!HEALTH OR SAGE, IT IS TIME FOR US TO DEMONSTRATE JUSTICE

                    AND OPPORTUNITY FOR ALL.

                                 SO, WE ARE GRATEFUL FOR THIS MOMENT.  WE PROUDLY ARE

                    EXCITED THAT WE WILL BE PASSING GENDA ON TODAY, BUT LET US REALIZE

                    THAT IF WE ARE HERE TO BE OUR BROTHERS' AND SISTERS' KEEPER, WE HAVE TO

                    DO THAT FOR ALL OF OUR COMMUNITIES, AND WE DO THAT ON TODAY.  I PROUDLY

                    STAND IN SUPPORT AND WILL BE VOTING IN THE AFFIRMATIVE.  THANK YOU.

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  MR. BLAKE

                    IN THE AFFIRMATIVE.

                                 MR. RYAN.

                                 MR. RYAN:  THANK YOU, MR. SPEAKER, FOR GIVING ME

                    THE OPPORTUNITY TO EXPLAIN MY VOTE.  I'D LIKE TO RECOGNIZE THE SPONSOR

                    FOR HIS DISCIPLINE, HIS DILIGENCE AND HARD WORK ON THIS ISSUE, AND ALSO

                    ADVOCATES LIKE BUFFALO STONEWALL DEMOCRATIC CLUB, BUFFALO PRIDE

                                         58



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    CENTER, WHO'S BEEN ADVOCATING ON THIS ISSUE FOR WELL OVER A DECADE.

                    WITH THE VOTE TODAY, NEW YORK WILL JOIN IN OFFERING PROTECTIONS TO ALL

                    ITS CITIZENS, LIKE TOWNS, CITIES AND COUNTIES HAVE ALREADY DONE IN NEW

                    YORK STATE.  BUFFALO PASSED THIS LAW FOR ITS CITIZENS OVER A DECADE AGO

                    AND EVERYTHING HAS GONE SMOOTHLY, BUT NO LONGER WILL OUR CITIZENS

                    HAVE TO RELY ON A PATCHWORK OF MUNICIPAL LAWS.  THEY WILL NOW HAVE

                    THEIR RIGHTS PROVIDED TO THEM BY NEW YORK STATE, AS IT SHOULD BE.

                                 SO, PREVIOUSLY OUR VOTES WERE RHETORICAL AND

                    THEORETICAL, BUT THIS YEAR THIS VOTE WILL MAKE IT SO THE LAWS THAT PROTECT

                    OUR CITIZENS WILL BE HELD BY EVERY CITIZEN.  SO, I'M PROUD TO CAST MY

                    VOTE IN THE AFFIRMATIVE AND I WITHDRAW MY REQUEST AND I DO CAST MY

                    VOTE IN THE AFFIRMATIVE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. RYAN IN THE

                    AFFIRMATIVE.

                                 MS. SEAWRIGHT.

                                 MS. SEAWRIGHT:  THANK YOU, MR. SPEAKER.  I RISE

                    TO EXPLAIN MY VOTE.  TODAY, WE'RE TAKING A MONUMENTAL STEP IN PASSING

                    THIS GENDA LEGISLATION.  I WANT TO COMMEND THE BILL'S SPONSOR AND IN

                    THE MEMORY AND THE SPIRIT OF THE GREAT EDIE WINDSOR, I PROUDLY CAST MY

                    VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SEAWRIGHT IN THE

                    AFFIRMATIVE.

                                 MS. WOERNER.

                                 MS. WOERNER:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME THE PRIVILEGE OF EXPLAINING MY VOTE.  THREE YEARS AGO I

                                         59



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    ATTENDED MY FIRST NIGHT -- FRIENDS' NIGHT OF REMEMBRANCE AND I

                    LISTENED TO THE RECITATION OF THE NAMES OF NEW YORKERS WHO HAD LOST

                    THEIR LIVES SIMPLY BECAUSE THEY WERE TRANS INDIVIDUALS, AND I FELT MY

                    HEART BREAKING.  TODAY, WE TAKE A TREMENDOUS STEP TOWARDS EQUALITY

                    AND JUSTICE FOR ALL NEW YORKERS, AND I THANK THE SPONSOR OF THE BILL FOR

                    HIS STEADFAST LEADERSHIP.  I THANK THE GOOD PEOPLE OF SARATOGA PRIDE FOR

                    THEIR CONTINUED ADVOCACY ON THIS ISSUE AND OTHER ISSUES RELATED TO THE

                    LGBT COMMUNITY.  AND TODAY, I PROUDLY CAST MY VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WOERNER IN THE

                    AFFIRMATIVE.

                                 MR. CARROLL.

                                 MR. CARROLL:  THANK YOU, MR. SPEAKER.  FIRST, I

                    WOULD LIKE TO COMMEND THE SPONSOR ON HIS HARD WORK OF SHEPHERDING

                    GENDA THROUGH THIS BODY OVER THE YEARS.  I WOULD LIKE TO ALSO THANK

                    ALL THOSE ADVOCATES WHO HAVE BEEN PUSHING THIS ISSUE.  MAKING SURE

                    THAT TRANSGENDER AND GENDER NON-CONFORMING NEW YORKERS ARE NOT

                    DISCRIMINATED AGAINST AND HAVE THE SAME EQUAL RIGHTS AS EVERY OTHER

                    NEW YORKER IS ESSENTIAL TO MAKING SURE THAT OUR SOCIETY IS BOTH ITS

                    MOST FREE AND OPEN.  SO, I COMMEND THE SPONSOR, I COMMEND EVERYONE

                    HERE TODAY AND I'M VERY HAPPY THAT THIS WILL HOPEFULLY BE THE LAST TIME

                    THAT GENDA IS TAKEN UP ON THIS FLOOR AND THAT WE MAKE HISTORY TODAY.

                    THANK YOU VERY MUCH AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. CARROLL IN THE

                    AFFIRMATIVE.

                                         60



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. DINOWITZ.

                                 MR. DINOWITZ:  TO EXPLAIN MY VOTE.  I'M SO

                    GRATEFUL TO OUR SPONSOR, WHOSE NAME I CAN'T MENTION, AS WELL AS ALL THE

                    ADVOCATES WHO WORKED SO HARD ON THIS.  THIS IS AN ISSUE WHICH HAS

                    BEEN BEFORE US MANY, MANY TIMES SO TO SEE IT COME TO FRUITION TODAY,

                    ALONG WITH THE PREVIOUS BILL, IS SUCH A GREAT WAY TO START THIS SESSION.

                    AND I'M PARTICULARLY HAPPY TO SEE THAT THE SENATE, AFTER ALL THESE YEARS,

                    HAS FINALLY PASSED THIS LEGISLATION.  I'M CONFIDENT THE GOVERNOR WILL

                    SIGN IT INTO LAW.  THIS IS ANOTHER STEP AS THE ASSEMBLY HAS ALWAYS LED

                    THE WAY ON IN FIGHTING FOR CIVIL RIGHTS, IN FIGHTING FOR EQUAL RIGHTS FOR

                    ALL.  SO, IT'S A GREAT DAY AND IT'S ANOTHER GREAT DAY FOR DEMOCRACY.  I

                    VOTE YES.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ IN THE

                    AFFIRMATIVE.

                                 MS. RICHARDSON.

                                 MS. RICHARDSON:  THANK YOU, MR. SPEAKER, FOR

                    THE OPPORTUNITY TO EXPLAIN MY VOTE.  I FIRST WANT TO COMMEND THE

                    SPONSOR OF THIS LEGISLATION.  SIXTEEN YEARS HAS BEEN A VERY LONG TIME,

                    BUT I'M GRATEFUL FOR THE FORESIGHT OF THE SPONSOR IN UNDERSTANDING THAT IT

                    IS IMPORTANT THAT WE STAND UP FOR THOSE WHO ARE VOICELESS AT TIMES.

                    YOU KNOW, IT'S NOT HARD TO SEE THAT I'M A WOMAN.  IT IS NOT TO SEE THAT

                    I'M AFRICAN-AMERICAN.  AND WHAT I KNOW BY THOSE TWO DEMOGRAPHICS

                    THAT ARE ATTRIBUTED TO ME IS THAT I KNOW DISCRIMINATION IS ALL TOO REAL.

                    AND SO, I EMPATHIZE WITH THOSE NEW YORKERS WHO FOR ALL THESE YEARS

                    HAVE TO HIDE WHO THEY TRULY ARE AND -- AND -- AND HAVE TO HIDE AND

                                         61



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    CONCEAL HOW THEY TRULY EXPRESS THEIRSELVES (SIC) JUST BECAUSE IT MAKES

                    OTHER PEOPLE UNCOMFORTABLE.  TODAY, WE STAND UP FOR YOU AND WE SAY

                    LIVE IN YOUR TRUTH AND WALK IN YOUR PURPOSE.  AND, AGAIN, I'M JUST SO

                    HAPPY TO BE A MEMBER OF THIS BODY IN THIS MOMENT OF TIME TO SAY THAT

                    WE DID THIS TODAY.  WE BROUGHT CIVIL RIGHTS AND EQUAL RIGHTS TO ALL.  AND

                    WITH THAT, I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON IN

                    THE AFFIRMATIVE.

                                 MR. THIELE.

                                 MR. THIELE:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.  THE DEBATE ON THIS AND WHEN WE DISCUSS THIS, WE ALWAYS

                    LOOK AT THE POLITICAL, THE POLICY, THE BROADER SOCIAL CONTEXT OF THE

                    LEGISLATION THAT WE'RE CONSIDERING TODAY.  AND ALL THOSE THINGS, OF

                    COURSE, ARE VERY, VERY IMPORTANT.  BUT SUFFICE IT TO SAY THAT FOR MANY OF

                    US, WE EITHER HAVE FAMILY OR FRIENDS OR THOSE THAT ARE CLOSE TO US THAT

                    ARE DIRECTLY AFFECTED BY THIS LEGISLATION.  AND, FOR ME, I'M NO EXCEPTION

                    TO THAT.  I RESPECT THE PRIVACY OF -- OF THOSE THAT ARE CLOSE TO ME.  I'M

                    NOT GOING TO MENTION ANY NAMES TODAY, BUT SUFFICE IT TO SAY, YOU KNOW

                    WHO YOU ARE.  THIS VOTE IS FOR YOU.  AND I CAST MY VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. THIELE IN THE

                    AFFIRMATIVE.

                                 MR. CRESPO.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.  YOU KNOW, I'VE -- WE'VE HAD MANY BILLS HERE THAT SEND A

                                         62



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    MUCH BIGGER MESSAGE THAN THE ISSUE ITSELF.  AND I DON'T KNOW THE EXACT

                    YEAR, I CAN'T REMEMBER, BUT I KNOW THAT I HAVE EXPRESSED PUBLICLY

                    EARLIER LAST YEAR REGRETS, REGRETS OVER A VOTE THAT I CAN'T TAKE BACK AND A

                    MESSAGE THAT IS SENT TO PEOPLE I CARE DEEPLY ABOUT THAT FELT THAT IT DID

                    NOT REPRESENT THEM OR RESPECT THEM.  I SAY THAT TODAY, BECAUSE I'M

                    PROUD TO CAST MY VOTE.  AND I VOTED FOR THIS BILL IN SUPPORT IN THE PAST,

                    BUT I WANTED TO TAKE THE OPPORTUNITY TO TELL THOSE THAT I CARE ABOUT

                    DEEPLY AND THOSE THAT I RESPECT THAT I DO SO UNDERSTANDING THAT IT'S AN

                    OPPORTUNITY TO EXPRESS SUPPORT FOR ALL COMMUNITIES, THAT THE LGBT

                    COMMUNITY, THOSE CLOSE TO ME FROM MY CHIEF-OF-STAFF, TO FAMILY

                    MEMBERS, TO KNOW THAT I VOTE FOR YOU AND THAT I WANT TO MOVE FORWARD

                    AS A PARTNER AND SUPPORTER OF ALL COMMUNITIES.  I FIGHT FOR THOSE THAT I

                    FEEL DON'T HAVE A VOICE.  I OFTEN TALK ABOUT THE MARGINALIZED AND THE

                    UNDOCUMENTED, BUT TODAY I JUST WANT TO SAY TO EVERYONE IN THE LGBT

                    COMMUNITY, COUNT ON ME AND MOVING FORWARD, THERE'LL BE NO

                    DISCREPANCIES.  I CAN'T TAKE BACK VOTES IN THE PAST, BUT I CAN MOVE

                    FORWARD IN SUPPORT.  SO, I PROUDLY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. CRESPO IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 (APPLAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00781, RULES REPORT

                                         63



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    NO. 10, PERRY.  AN ACT TO AMEND THE JUDICIARY LAW, IN RELATION TO THE

                    STATE COMMISSION ON PROSECUTORIAL CONDUCT; AND TO AMEND CHAPTER

                    202 OF THE LAWS OF 2018 AMENDING THE JUDICIARY LAW RELATING TO

                    ESTABLISHING THE COMMISSION ON PROSECUTORIAL CONDUCT, IN RELATION TO

                    THE EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    PERRY, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 WE'LL RESCIND THAT.  AN EXPLANATION IS REQUESTED BY

                    MR. GOODELL.

                                 MR. PERRY.

                                 MR. PERRY:  MR. SPEAKER, I WAS WAITING FOR THE

                    REQUEST FROM MY COLLEAGUE.  THIS BILL WILL MAKE CHANGES TO THE LAWS

                    OF 2018 PERTAINING TO THE CREATION OF THE PROSECUTORIAL CONDUCT -- ON

                    PROSECUTORIAL CONDUCT TO ADDRESS CONCERNS VOICED AFTER THE PASSAGE OF

                    THAT BILL IN RESPONSE TO CLAIMS OF POSSIBLE UNCONSTITUTIONAL OR

                    CONSTITUTIONAL FLAWS.

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO.

                                 MR. PALUMBO:  THANK YOU, MR. SPEAKER.  WOULD

                    THE SPONSOR YIELD, PLEASE, FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. PERRY, WILL YOU

                    YIELD?

                                         64



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. PERRY:  I'M HAPPY TO YIELD TODAY.

                                 MR. PALUMBO:  THANK YOU, MR. PERRY.  AS A RESULT

                    OF THAT MEMO FROM THE GOVERNOR, THERE WAS ALSO A LAWSUIT THAT WAS

                    FILED, IS THAT ACCURATE, BY THE DISTRICT ATTORNEYS ASSOCIATION?

                                 MR. PERRY:  ABSOLUTELY RIGHT.

                                 MR. PALUMBO:  AND AS A RESULT OF THE PENDING

                    LITIGATION, I HAVE A STIPULATION THAT WAS ENTERED INTO WHERE THE PLAINTIFF,

                    THE DISTRICT ATTORNEYS ASSOCIATION, WAS TO BE NOTIFIED OF ANY PROPOSED

                    CHAPTER AMENDMENTS OR LEGISLATION.  DO YOU KNOW IF THEY WERE -- IF

                    THEY WERE, IN FACT, NOTIFIED OF THIS?

                                 MR. PERRY:  I'M ADVISED THAT IT'S BEEN MADE THAT THE

                    CHANGES AGREED TO HAVE BEEN MADE PUBLIC AND THAT THEY HAVE ACCESS TO

                    THAT, AND ALSO THAT THEY WERE DIRECTLY ADVISED.

                                 MR. PALUMBO:  OKAY.  BECAUSE THAT WOULD

                    CERTAINLY BE THAT STIPULATION WAS SO ORDERED IS MY UNDERSTANDING.  SO

                    THE DEFENDANT, THE STATE OF NEW YORK, WOULD BE IN CONTEMPT OF THIS

                    STIPULATION IF THEY, IN FACT, DID NOT NOTIFY THE PLAINTIFFS, AND MY OFFICE

                    HAD CONTACTED THEM THIS MORNING AND THEY WERE NOT YET NOTIFIED.  SO, I

                    THINK THAT'S CERTAINLY A DEFECT THAT WE SHOULD BE CONCERNED ABOUT.

                                 BUT IN ANY EVENT, THERE WERE THREE PRIMARY AREAS

                    WHERE THE GOVERNOR HAD SOME CONCERN AND IF WE COULD MAYBE JUST

                    ADDRESS THOSE BRIEFLY AND SEE WHAT SORT OF CHANGES WE MADE TO THIS BILL

                    TO, IN FACT, COME INTO COMPLIANCE.  AND INITIALLY, I BELIEVE IT WAS KIND

                    OF A SIMPLE ADJUSTMENT, AND PLEASE CORRECT ME IF I'M WRONG, THAT THE

                    COMMISSION WAS GOING TO BE APPOINTED BY 11 MEMBERS AND SIX OF

                                         65



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    THOSE WERE BY THE LEGISLATURE.  SO, AS SUCH THAT IMPROPERLY DELEGATED

                    THE AUTHORITY TO REMOVE A PROSECUTOR FROM THE EXECUTIVE TO THE

                    LEGISLATURE; WAS THAT POINT ONE ESSENTIALLY?

                                 MR. PERRY:  I THINK YOU'RE GROSSLY MISREADING OR

                    MISINTERPRETING --

                                 MR. PALUMBO:  OKAY.

                                 MR. PERRY:  -- WHAT WOULD COME FROM THAT ACTION,

                    BUT THAT'S NO LONGER THE CASE.  WE HAVE SUBSTANTIALLY CHANGED THAT

                    PROVISION AND AFTER NEGOTIATION WITH THE EXECUTIVE, WE HAVE -- THE

                    CHANGES REGARDING TO APPOINTMENTS ARE AS FOLLOWS:  THE 11 MEMBER

                    COMMISSION WOULD -- PREVIOUSLY, THE GOVERNOR HAD TWO APPOINTMENTS.

                    THE CHANGE IS NOW GIVE FOUR APPOINTMENTS TO THE GOVERNOR.  WE HAVE

                    ALSO INCREASED OR MADE SPECIFIC QUALIFICATIONS IN ADDITION TO THE

                    LANGUAGE PREVIOUSLY, SO THERE ARE -- SO WE REDUCED THE LEGISLATIVE

                    APPOINTMENTS FROM FOUR TO -- THAT WAS FROM SIX TO FOUR AND INCREASED

                    THE GUBERNATORIAL APPOINTMENTS FROM TWO TO FOUR.

                                 MR. PALUMBO:  OKAY.

                                 MR. PERRY:  AND -- AND WE ALSO MADE IT AND -- THAT

                    ONLY THE GOVERNOR CAN REMOVE THE APPOINTEES.

                                 MR. PALUMBO:  OKAY.  SO THEN AS FAR AS THE OVERALL

                    SELECTION, THAT WAS VESTED BACK IN THE EXECUTIVE I'M ASSUMING BY THAT

                    CHANGE.  NOW, THERE WAS ANOTHER ISSUE REGARDING ACTIVE SITTING JUDGES,

                    BECAUSE THEY'RE NOT ALLOWED TO ENGAGE IN ANYTHING OTHER THAN JUDICIAL

                    -- JUDICIAL ROLES.  SO, WE NOW CHANGED THAT I GUESS TO BE RETIRED JUDGES

                    AND A LAW SCHOOL DEAN OR PROFESSOR; IS THAT ACCURATE?

                                         66



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. PERRY:  YEAH, WELL WE DID ADDRESS THE ISSUE

                    RAISED REGARDING THE PARTICIPATION OF JUDGES AND THE -- YEAH, THE

                    APPOINTMENTS WOULD NOW INCLUDE RETIRED JUDGES THAT WOULD BE MADE

                    BY THE CHIEF JUDGE OF THE COURT OF APPEALS, ONE WITH PUBLIC DEFENSE

                    EXPERIENCE, ONE WITH PROSECUTORIAL EXPERIENCE, ONE A FULL-TIME LAW

                    PROFESSOR OR DEAN WITH CRIMINAL LAW EXPERIENCE.  AND LET ME REMIND

                    YOU THAT JUDGES ARE NOT JUST JUDGES.  THEY ARE FREE CITIZENS AND THEY

                    PARTICIPATE IN A LOT OF OTHER ACTIVITIES OTHER THAN SITTING ON THE BENCH.

                                 MR. PALUMBO:  UNDERSTOOD.  AND NOW, MR. PERRY,

                    THE LAST ISSUE WAS THE DISCLOSURE OF RECORDS AND INTERFERENCE WITH

                    CRIMINAL CASES.  I KNOW THAT WAS A BIG CONCERN, THAT DURING AN

                    INVESTIGATION IF THERE WAS SOME DISCLOSURE, THAT INFORMATION WAS GOING

                    TO BE MADE PUBLIC AND IT WOULD ULTIMATELY, AND IT WOULD MOST LIKELY

                    IMPEDE THE ACTIVE CRIMINAL INVESTIGATIONS THAT THAT PROSECUTOR WAS

                    HANDLING.  SO, AS A RESULT OF THAT CONCERN, IS THAT NOW NO LONGER -- IS

                    THAT NO LONGER THE CASE?  WAS THAT ADDRESSED, AS WELL?

                                 MR. PERRY:  WELL, THE PREVIOUS -- THE PREVIOUS --

                    THE BILL PASSED INTO LAW.  WE WERE VERY CAREFUL TO ADDRESS THAT CONCERN

                    AND -- AND WE TRIED TO DEAL WITH THIS AGAIN AND WE HAVE ADDED THAT IN

                    SUCH CIRCUMSTANCES WE'RE -- ARE YOU STILL INTERESTED IN MY ANSWER?

                                 MR. PALUMBO:  I'M SORRY?

                                 MR. PERRY:  JUST CHECKING IF YOU'RE STILL INTERESTED

                    IN MY ANSWER, BECAUSE I KNOW YOU WERE QUITE DISTRACTED OVER THERE.

                                 MR. PALUMBO:  NO, NO.  SOMEONE JUST CALLED MY

                    NAME.  GO AHEAD, MR. PERRY.  I'M LISTENING.  I'M CERTAINLY LISTENING.

                                         67



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. PERRY:  OKAY.  WE ADDED THAT THE COMMISSION

                    SHALL NOT EXERCISE ITS POWERS BEFORE THE FILING OF CHARGES THAT LED TO THE

                    PROSECUTOR'S INVESTIGATION, OR A YEAR FROM WHEN THE CRIME OR CRIMES

                    THAT LED TO THE INVESTIGATION AND THE COMPLAINT.

                                 MR. PALUMBO:  VERY GOOD.  NOW, REGARDING THIS

                    PROCESS, MR. PERRY, THIS BEGINS BY EITHER A COMPLAINT OR UPON THE OWN

                    VOLITION OF THE COMMISSION.  SO, MY INFORMATION INDICATES THAT IT

                    DOESN'T NEED TO BE A LEGALLY VERIFIED COMPLAINT; IS THAT ACCURATE?  THAT

                    SOMEONE COULD JUST ESSENTIALLY WRITE A LETTER ABOUT SOME ALLEGED

                    PROSECUTORIAL MISCONDUCT AND THEY DON'T EVEN NEED TO SWEAR TO THE

                    TRUTH OF THOSE FACTS.

                                 MR. PERRY:  THIS AMENDMENT DOES NOT MAKE ANY

                    CHANGES TO THAT.

                                 MR. PALUMBO:  TO THAT.  SO, IT STILL CAN BE AN

                    UNVERIFIED DOCUMENT TO BEGIN AN INVESTIGATION AGAINST A PROSECUTOR.

                                 MR. PERRY:  THE PROCESS WOULD INVOLVE THAT WHEN

                    A COMPLAINT COMES TO THE COMMISSION, THEY'LL REVIEW IT.  THEY WILL

                    HAVE DISCUSSIONS AND VERY CAREFULLY REVIEW THAT COMPLAINT AND THEY'LL

                    COME TO A DECISION WHETHER IT'S WORTHY OF FURTHER ACTION.  AND THEN

                    THEY ARE EMPOWERED TO TAKE THE APPROPRIATE ACTION TO PROPERLY DO AN

                    INVESTIGATION ON THAT CASE.

                                 MR. PALUMBO:  OKAY.  AND JUST TWO OTHER QUICK

                    AREAS.  AS FAR AS THAT -- SO, THAT WASN'T CHANGED.  WAS THERE ANY CHANGE

                    WITH RESPECT TO THE COMMISSION'S ABILITY TO GRANT IMMUNITY TO CERTAIN

                    WITNESSES SHOULD THEY CHOOSE TO DO SO?

                                         68



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. PERRY:  NO, THERE WERE NO CHANGES IN THAT.

                                 MR. PALUMBO:  THERE WERE NO CHANGES.  AND IN

                    ANY EVENT THE COMMISSION GRANTS IMMUNITY TO SOMEONE, DOES THAT

                    CARRYOVER TO A SUBSEQUENT CRIMINAL PROSECUTION?  FOR EXAMPLE, IF THERE

                    WERE WITNESSES INVOLVED IN THE MISCONDUCT AND THE COMMISSION REFERS

                    THEIR FINDINGS TO ANOTHER PROSECUTOR, ATTORNEY GENERAL, ANOTHER DISTRICT

                    ATTORNEY, THE FEDS, AND THEY ULTIMATELY CHARGE THE -- THE PROSECUTOR

                    WHO'S ACTING INAPPROPRIATELY WITH A CRIME, DO THOSE WITNESSES NOW

                    HAVE IMMUNITY IN THE SUBSEQUENT CRIMINAL PROSECUTION?  BECAUSE

                    THAT'S A CONCERN, THAT THE COMMISSION MAY BE ABLE TO AFFECT THE

                    SUBSEQUENT PROSECUTION OR GRANT IMMUNITY TO SOME INDIVIDUALS WHO

                    MAY BE CO-CONSPIRATORS, SO-TO-SPEAK, AN UNINDICTED CO-CONSPIRATOR.

                    THE COMMISSION WILL MAKE THAT DECISION, NOT THE ULTIMATE PROSECUTOR

                    WHO IS GOING TO TAKE THE CASE AGAINST THE -- THE OFFENDING PROSECUTOR.

                                 MR. PERRY:  YEAH.  THAT'S A PRETTY COMPLEX

                    QUESTION.  LET ME JUST...

                                 (PAUSE)

                                 THE AMENDMENTS THAT WE'RE VOTING ON TODAY DOES NOT

                    MAKE ANY CHANGES --

                                 MR. PALUMBO:  NO CHANGES TO THAT ASPECT?

                                 MR. PERRY: -- THOSE ASPECTS OF THE LAW.

                                 MR. PALUMBO:  VERY GOOD.  OKAY.  THANK YOU.

                                 AND LASTLY, MR. PERRY, IT'S MY UNDERSTANDING THAT THE

                    PRIOR COMMISSION, OR THE CURRENT COMMISSION SINCE IT'S CURRENTLY LAW

                    THAT WE'RE AMENDING, THEY CAN SUSPEND PROSECUTORS FROM DUTY IN THE

                                         69



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    EVENT THAT THEY FEEL IT'S APPROPRIATE WITHOUT ANY TYPE OF HEARING; IS THAT

                    STILL THE CASE?

                                 MR. PERRY:  YEAH.  THE ABILITY TO MAKE THAT

                    SUSPENSION WOULD COME ONLY AFTER THE COMMISSION HAS THOROUGHLY

                    REVIEWED THE COMPLAINT AND COMPLETED ITS INVESTIGATION AND FOUND THAT

                    THERE WERE -- THEY WERE VALIDATING THE COMPLAINT AND, CERTAINLY, THE

                    PROSECUTOR WOULD HAVE HAD AN OPPORTUNITY TO BE HEARD.

                                 MR. PALUMBO:  CERTAINLY.  SO AFTER THAT HEARING

                    WITH THE COMMISSION, THEY CAN TECHNICALLY REMOVE THEM TEMPORARILY

                    BY WAY OF A SUSPENSION AND THEN REFER IT TO THE GOVERNOR FOR REMOVAL?

                                 MR. PERRY:  SUSPENSION OR ANY KIND OF DISCIPLINE

                    WOULD NOT ARBITRARILY OCCUR WITHOUT DUE PROCESS.

                                 MR. PALUMBO:  I UNDERSTAND.

                                 MR. PERRY:  THAT IN ITSELF WOULD HAVE BEEN A

                    CARELESS PROVISION AND WE WERE SURE TO MAKE SURE THAT THROUGHOUT THE

                    PROCESS, A PROSECUTOR WHO IS -- AGAINST WHOM A COMPLAINT HAS BEEN

                    MADE, THE INVESTIGATION AND ANY SUBSEQUENT DISCIPLINE WOULD COME

                    AFTER -- AFTER A FULL EXERCISE OF DUE PROCESS TO THE PROSECUTOR.

                                 MR. PALUMBO:  SURE.  AND I UNDERSTAND AND I

                    APPRECIATE THAT, BUT MY CONCERN IS THIS:  THE REMOVAL OF AN ELECTED

                    OFFICIAL IS AN EXECUTIVE DUTY.  THAT IS RESERVED TO THE GOVERNOR ONLY.

                    SO, EVEN A SUSPENSION IS, IN EFFECT, A REMOVAL AND THIS COMMISSION CAN

                    DO SO AFTER HAVING THEIR OWN HEARINGS; ISN'T THAT ACCURATE?

                                 MR. PERRY:  THE GOVERNOR DOES IN THE -- IN THE LAW

                    MAKE THE ULTIMATE DECISION AS FAR AS DISCIPLINING OF THE PROSECUTOR,

                                         70



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    BECAUSE THE COMMISSION WOULD MAKE RECOMMENDATIONS AND, BY THE

                    WAY, ONE OF THE CHANGES WE MADE TO -- IS TO ESTABLISH THIS COMMISSION

                    WITHIN THE EXECUTIVE SO THAT IT -- IT TAKES CARE OF A CONCERN RAISED BY

                    THE DAS ASSOCIATION ABOUT CONSTITUTIONALITY AND THE ISSUE RELATING TO

                    THE DEPARTMENT OR THE POWERS OF THE OFFICE.  AND -- AND SO, THE

                    GOVERNOR'S OFFICE WOULD RETAIN CONTROL THROUGHOUT, BECAUSE THIS

                    COMMISSION IS ESTABLISHED IN THE OFFICE OF THE GOVERNOR.

                                 MR. PALUMBO:  THANK YOU.  THANK YOU, MR.

                    PERRY.

                                 ON THE BILL, PLEASE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALUMBO:  THANK YOU, MR. SPEAKER.  NOW,

                    THESE CONCERNS ARE NOT ALLEVIATED, UNFORTUNATELY, BY THIS CHAPTER

                    AMENDMENT.  MOST SPECIFICALLY, THIS COMMISSION IS -- IS A VERY

                    DIFFERENT ANIMAL THAN THE COMMITTEE ON JUDICIAL CONDUCT BECAUSE THIS

                    IS WHAT THIS COMMITTEE WAS MODELED AFTER.  BUT THE DIFFERENCE IS THIS:

                    A DISTRICT ATTORNEY IS A LAWYER AND ONE OF THE LITIGANTS, SO WE DO HAVE

                    A PROCESS CALLED A GRIEVANCE PROCESS, AS WE ALL KNOW WHEN WE

                    DISCUSSED THIS LAST YEAR WHEN THE ORIGINAL BILL CAME THROUGH, THE

                    BILL-IN-CHIEF.  BUT THE COMMITTEE ON JUDICIAL CONDUCT IS APPROPRIATE

                    BECAUSE YOU DON'T HAVE A SANCTION FOR AN OFFENDING JUDGE WHO'S ACTING

                    INAPPROPRIATELY.  THERE IS NO WAY TO NECESSARILY GRIEVE A JUDGE.  YOU

                    NEED THIS COMMITTEE TO POSSIBLY REMOVE AN ELECTED OFFICIAL.

                                 A PROSECUTOR IS A VERY DIFFERENT TYPE OF PERSON.  THAT

                    IS SOMETHING, OR THEY ARE SOMEONE, HE OR SHE, THAT CAN ONLY BE

                                         71



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    REMOVED AS AN EXECUTIVE POWER BY THE GOVERNOR.  THIS COMMISSION --

                    AND IT CANNOT BE DELEGATED.  THERE'S A CASE FROM ABOUT 90 YEARS AGO,

                    CHIEF JUSTICE CARDOZO DEALT WITH THE REMOVAL OF THE BOROUGH PRESIDENT

                    IN QUEENS AND SPECIFICALLY SAID THAT THEY CANNOT, YOU CANNOT DELEGATE

                    THOSE ISSUES, IT'S IN RAY RICHARDSON.  AND PURSUANT TO THAT SECTION, THE

                    GOVERNOR APPOINTED A STATE SUPREME COURT JUSTICE TO HEAR THE CHARGES

                    AND REPORT HIS RECOMMENDATIONS TO THE GOVERNOR.

                                 IN ORDERING THE JUSTICE NOT TO PROCEED, THE COURT OF

                    APPEALS HELD THAT THE LEGISLATURE DOES NOT HAVE THE POWER TO GIVE THE

                    JUSTICE OF THE SUPREME COURT THE, QUOTE, "DUTIES OF A PROSECUTOR IN AID

                    OF THE EXECUTIVE."  SO -- THUS, IT WOULD BE UNCONSTITUTIONAL FOR THE

                    EXECUTIVE OR LEGISLATURE TO CHARGE A JUDICIARY WITH ADMINISTRATIVE

                    FUNCTIONS EXCEPT WHEN REASONABLY INCIDENTAL TO THE FULFILLMENT OF

                    JUDICIAL DUTIES.  SO, A RETIRED JUDGE OR OTHERWISE, WHOEVER WE HAVE ON

                    THIS PANEL, THIS IS AN EXECUTIVE PRIVILEGE REALLY, AND THE FACT THAT WE'RE

                    NOW APPOINTING POLITICAL PEOPLE TO NOW GET INVOLVED IN INVESTIGATIONS

                    ON UNVERIFIED -- OF UNVERIFIED COMPLAINTS IS KIND OF A SPECIOUS ATTEMPT

                    TO JUST CREATE ANOTHER LAYER THAT WILL BE USED AS A SWORD FOR SOCIAL

                    JUSTICE REFORMS AND NOT A TRUE ETHICAL EVALUATION OF A PROSECUTOR'S

                    CONDUCT OR MISCONDUCT.

                                 THERE ARE MANY OTHER VEHICLES TO DO THIS.  AS I SAID,

                    YOU CAN GRIEVE.  YOU CAN BRING CRIMINAL CHARGES AGAINST THEM, BUT THIS

                    COMMISSION HAS ALL BARK AND NO BITE OTHER THAN THE FACT THAT THEY CAN

                    SUSPEND.  BUT AFTER THAT THEY -- THEY CAN CENSURE AND THEY CAN

                    ULTIMATELY ADMONISH, BUT THEY CANNOT ULTIMATELY REMOVE BECAUSE THAT'S

                                         72



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    RESERVED TO THE GOVERNOR.  AND EVEN IN THE BILL, IT ALLOWS THEM TO THEN

                    MAKE A RECOMMENDATION TO THE GOVERNOR.  SO, THEY'RE GOING TO HAVE

                    ALL THIS -- THIS FUSS AND A LONG CONVOLUTED INVESTIGATION TO ULTIMATELY

                    SAY, YOU KNOW WHAT, GOVERNOR?  YOU NEED TO INDEPENDENTLY MAKE A

                    DECISION.  WE THINK THIS IS TERRIBLE.  AND THEN THE GOVERNOR NEEDS TO DO

                    HIS OWN INVESTIGATION FOR THE ULTIMATE REMOVAL.  SO, THIS --

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO, YOU

                    HAVE RUN OUT OF TIME.  THERE'S NO ONE ELSE AND YOU CERTAINLY CAN SIGN

                    UP FOR ANOTHER 15.

                                 MR. PALUMBO:  THANK YOU.  I WAS REALLY CLOSE.  I'LL

                    NEED ABOUT 30 SECONDS.

                                 ACTING SPEAKER AUBRY:  WE'LL HOLD YOU TO

                    THAT.

                                 MR. PALUMBO:  WONDERFUL.  THANK YOU.  THANK

                    YOU.  BUT THAT'S REALLY -- THE BOTTOM LINE IS THIS, THAT THIS IS SOMETHING

                    THAT IS POLITICAL IN NATURE AND IS NOT ANOTHER LAYER TO KEEP AN EYE ON

                    UNETHICAL PROSECUTORS.  THOSE LAYERS ALREADY EXIST.  I ENCOURAGE MY

                    COLLEAGUES TO VOTE IN THE NEGATIVE, AND I'LL BE DOING THE SAME.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. BARRON TO EXPLAIN HIS VOTE.

                                         73



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. BARRON:  TO EXPLAIN MY VOTE, MR. SPEAKER.

                    I'M VOTING YES ON THIS, BUT I'M VERY DISAPPOINTED THAT THIS HAS BEEN

                    WATERED DOWN TO THE POINT WHERE THE GOVERNOR HAS ALMOST COMPLETE

                    AND TOTAL CONTROL OVER THIS COMMISSION.  I DON'T THINK THAT WAS OUR

                    ORIGINAL INTENT FOR THAT TO HAPPEN; I DON'T KNOW IF HE THREATENED YOU

                    WITH A VETO IF YOU DIDN'T DO IT.  BUT WE ARE NOW GIVING HIM FOUR, WE

                    HAVE FOUR, HE PICKS THE PEOPLE, HE MAKES THE FINAL DECISIONS IF

                    SOMEONE'S GOING TO BE REMOVED.  THIS WAS SUPPOSED TO BE FOR THIS

                    LEGISLATIVE BODY TO HAVE SOME AUTHORITY, YOU KNOW, OVER THAT PROCESS

                    AND TO MAKE SURE THAT PROSECUTORS JUST LIKE US, THEY HAVE A JUDICIAL

                    COMMITTEE ON GRIEVANCES AND COMMISSION THAT WOULD HAVE THAT KIND

                    OF POWER AND AUTHORITY.  THIS IS THE GOVERNOR'S COMMISSION NOW SO

                    WHATEVER HE DECIDES, FOR THE MOST PART, IS GOING TO BE DONE.

                                 I'M VERY DISAPPOINTED IN THIS, BUT THIS IS ALL WE HAVE

                    AND IT'S BETTER TO HAVE SOMETHING THAN NOTHING, AS Y'ALL SAY SOMETIME,

                    BUT I'M VERY DISAPPOINTED IN THIS.  WE SHOULD HAVE STAYED STRONG, LEFT

                    OUR SIX APPOINTMENTS, THE GOVERNOR HAS TWO.  SOME OF THE

                    COMMISSION'S POWER SHOULD HAVE BEEN WITHIN THIS BODY AND NOT

                    WITHIN THE GOVERNOR.  AS A MATTER OF FACT, I CONVINCED MYSELF SO MUCH

                    I'M GOING TO CHANGE MY VOTE.  I'M VOTING NO.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. BARRON IN THE

                    NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         74



                    NYS ASSEMBLY                                               JANUARY 15, 2019


                                 THE CLERK:  ASSEMBLY NO. A00881, RULES REPORT

                    NO. 11, ZEBROWSKI.  AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

                    RELATION TO PROVIDING A TEMPORARY EXTENSION FOR PAYMENT OF REAL

                    PROPERTY TAXES OWED BY A PERSON WHO HAS BEEN EITHER A FURLOUGHED OR

                    DESIGNATED NON-PAY FEDERAL EMPLOYEE DUE TO A PERIOD OF A LAPSE IN

                    DISCRETIONARY APPROPRIATIONS BY THE FEDERAL GOVERNMENT, OR BY THE

                    SPOUSE OR DOMESTIC PARTNER OF SUCH PERSON; AND TO PROVIDE FOR THE

                    REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ZEBROWSKI TO EXPLAIN HIS VOTE.

                                 MR. ZEBROWSKI:  THANK YOU, MR. SPEAKER.  ON

                    DECEMBER 22ND OF 2018, THE FEDERAL GOVERNMENT OFFICIALLY SHUT

                    DOWN.  AND FOR 25 DAYS SINCE THAT POINT, DUE TO A BUDGET IMPASSE, OUR

                    FEDERAL GOVERNMENT HAS NOT BEEN OPENED.  AND FOR WHAT THAT MEANS

                    FOR ABOUT 16,000 NEW YORKERS IS THAT THEY ARE NOT GETTING PAID, THEY'RE

                    EITHER FURLOUGHED AND NOT SHOWING UP OR THEY HAVE TO WORK WITHOUT

                    PAY.

                                 WHILE WE COULD PROBABLY ENGAGE IN A ROBUST DEBATE

                    ABOUT THE PRESIDENT'S WALL AND FEDERAL POLICY, I THINK WHAT WE CAN ALL

                    AGREE ON IS THAT THOSE 16,000 NEW YORKERS HAVE NOTHING TO DO WITH THE

                    CURRENT FEDERAL BUDGET DEBATE AND THEY ARE CAUGHT UP IN THIS WHIRLWIND

                                         75



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    THAT'S GOING ON DOWN IN WASHINGTON, D.C. AND THEY HAVE TO MAKE

                    DECISIONS ABOUT WHETHER OR NOT TO PAY FOR FOOD, MEDICAL BILLS, UTILITY

                    BILLS, HOUSING AND ALL THE THINGS THAT OUR FAMILIES ARE STRUGGLING WITH.

                    AT THE END OF THIS MONTH, MOST MUNICIPALITIES IN NEW YORK STATE WILL

                    -- PROPERTY TAXES WILL BECOME DUE AND THIS IS ANOTHER BILL THAT OUR

                    FAMILIES ARE GOING TO HAVE TO FIGURE OUT WHETHER OR NOT THEY CAN

                    APPROPRIATE ENOUGH MONEY IN THEIR OWN FAMILY BUDGETS FOR THIS OR FOR

                    THOSE OTHER TYPE OF THINGS.  WHAT THIS BILL WOULD DO IS IT WOULD ALLOW

                    OUR LOCAL GOVERNMENTS TO EXTEND THAT DEADLINE WITHOUT PENALTIES OR

                    INTEREST TO HELP OUT OUR --

                                 MRS. PEOPLES-STOKES:  SHH.  GENTLEMEN IN THE

                    BACK, PLEASE.

                                 MR. ZEBROWSKI:  THANK YOU, MADAM MAJORITY

                    LEADER.

                                 WHAT THIS BILL WOULD DO WOULD ALLOW OUR LOCAL

                    GOVERNMENTS TO EXTEND THAT DEADLINE WITHOUT PENALTIES OR INTEREST TO

                    ALLOW OUR FAMILIES ACROSS NEW YORK STATE, THOSE 16,000 INDIVIDUALS, TO

                    BETTER BUDGET -- TO BETTER HANDLE THEIR BUDGETS.  AT THE POINT THE

                    FEDERAL GOVERNMENT OPENS, THERE'LL BE A 90-DAY PERIOD FOR WHICH, OF

                    COURSE, THESE TAXES WILL BECOME DUE.  AT THE END OF THE DAY, I ASK MY

                    COLLEAGUES TO SUPPORT THIS BILL BECAUSE THESE RESIDENTS, OUR NEIGHBORS

                    IN NEW YORK STATE, ARE TRULY HURTING FOR NO FAULT OF THEIR OWN.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ZEBROWSKI IN THE

                    AFFIRMATIVE.

                                         76



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 MR. DILAN.

                                 MR. DILAN:  YEAH.  I JUST WOULD LIKE TO THANK THE

                    SPONSOR FOR THIS LEGISLATION.  ON BEHALF OF THOSE 16,000 NEW YORK

                    STATE RESIDENTS, I KNOW I CERTAINLY REPRESENT A FEW OF THEM.  SOME OF

                    THEM HAPPEN TO BE TSA WORKERS AND THIS LITTLE BIT OF RELIEF SHOULD

                    DEFINITELY BE OPTED-IN BY AS MANY LOCALITIES THROUGHOUT THE STATE AS

                    POSSIBLE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. DILAN IN THE

                    AFFIRMATIVE.

                                 MR. SCHMITT.

                                 MR. SCHMITT:  THANK YOU.  I WANT TO THANK MR.

                    ZEBROWSKI FOR INTRODUCING THIS LEGISLATION.  I WAS PROUD TO CO-SPONSOR

                    THIS SPECIFIC PIECE OF LEGISLATION AND IT'S -- THE REASON I RAN FOR STATE

                    ASSEMBLY WAS TO REPRESENT MY DISTRICT AND WORK IN A BIPARTISAN

                    FASHION ON COMMONSENSE ISSUES.  THIS IS ONE OF THEM.  WE HAVE SO

                    MANY RESIDENTS IN MY DISTRICT THAT ARE AFFECTED BY THIS, THAT -- THEY

                    CANNOT AFFORD THEIR BASIC DAY-TO-DAY FOOD, MEDICATION, UTILITY EXPENSES

                    AND IF WE COULD TAKE THE PRESSURE OFF EVEN JUST FOR ONE OR TWO PIECES

                    LIKE THE PROPERTY TAX, BASICALLY TEMPORARY RELIEF UNTIL THEIR PAY STARTS

                    FLOWING AGAIN, IT WILL BE WELL WORTH IT.  SO, I COMMEND ALL THE

                    COLLEAGUES WHO VOTED IN SUPPORT OF THIS LEGISLATION AND I HOPE THAT IT

                    ADVANCES THROUGH THE OTHER CHAMBER AND THE GOVERNOR SIGNS ONTO IT.

                    AND THIS IS AN EXAMPLE OF GETTING THE JOB DONE, DELIVERING REAL RESULTS.

                    I THINK WASHINGTON HAS A LOT TO LEARN FROM THIS AND I HOPE THEY TAKE IN

                    STRIDE TO GET TO WORK AND HELP RESIDENTS OF OUR STATE AND MY DISTRICT.

                                         77



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. SCHMITT IN THE

                    AFFIRMATIVE.

                                 MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  I, LIKE A NUMBER OF MY COLLEAGUES PROBABLY, I'VE

                    BEEN KICKING AROUND THESE CAPITOL HALLS SINCE 1991 AND BACK WHEN WE

                    PASSED THE BILL OR WHATEVER WE DID WHERE AFTER APRIL 1ST WHEN THIS

                    BODY DOES NOT PASS A BUDGET ON TIME WHILE WE, AS LEGISLATORS, DON'T GET

                    PAID, MANY PEOPLE DON'T REALIZE THAT THE FIRST YEAR THAT THAT WENT INTO

                    EFFECT, STAFF MEMBERS DIDN'T GET PAID EITHER AND, QUITE HONESTLY, IT REALLY

                    STINKS TO BE A PAWN IN A POLITICAL DEBATE.  SO, THIS IS THE LEAST WE CAN

                    DO FOR THOSE HARD-WORKING AMERICANS THAT -- THAT MANY OF WHICH ARE

                    REPORTING TO A JOB AND NOT GETTING PAID, AND THOSE JOBS ARE TO ENSURE OUR

                    SAFETY IN THE AIR AND ON THE LAND.  SO, THIS IS THE LEAST WE COULD DO.  I'D

                    LIKE TO THANK THE SPONSOR, WELL DONE.  AND I PLAN ON VOTING IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. RAIA IN THE

                    AFFIRMATIVE.

                                 MR. BLAKE.

                                 MR. BLAKE:  THANK YOU, MR. SPEAKER, AND TO THE

                    SPONSOR FOR THIS LEGISLATION.  ABSOLUTELY IN SUPPORT OF THIS AND AS

                    SOMEONE WHO HAD THE OPPORTUNITY TO SERVE IN THE FEDERAL GOVERNMENT,

                    IT'S -- IT IS CRITICAL THAT WE ARE ATTENTIVE ON THIS.  THERE ARE INDIVIDUALS

                    RIGHT NOW THAT ARE SHOWING UP AT FOOD STAMP LINES TRYING TO FIGURE OUT

                                         78



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                    HOW THEY COULD PROVIDE FOOD FOR THEIR FAMILIES.  THEY'RE TRYING TO

                    ASSESS MONEY IN THEIR SAVINGS ACCOUNT THAT THEY OTHERWISE DIDN'T HAVE

                    TO THINK ABOUT BEFORE.  WE DON'T THINK ABOUT THIS SOMETIMES IN TERMS OF

                    THE IMPACT, BUT FOR ALL THE INDIVIDUALS WHO ARE HAVING THEIR LIVELIHOOD

                    IMPACTED BECAUSE OF A DISCRIMINATORY RACIST WALL, IT IS UNACCEPTABLE

                    AND THIS IS EXACTLY WHY WE NEED TO PROVIDE SUPPORT TO THEM.  SO, THIS

                    EXTENSION PROVIDES HELP IN ANY WAY.  WE'RE GRATEFUL FOR THIS AND I'M

                    GRATEFUL FOR THE SPONSOR STEPPING UP IN THIS WAY AND PROUDLY

                    SUPPORTIVE OF THIS LEGISLATION.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. BLAKE IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, WE PAUSE

                    FOR A MOMENT TO INTRODUCE ONE OF OUR COLLEAGUES -- FORMER COLLEAGUES,

                    THE DISTINGUISHED BRONX BOROUGH PRESIDENT, RUBEN DIAZ, JR., IS IN OUR

                    PRESENCE.  ALWAYS LIKE TO WELCOME HIM.

                                 (APPLAUSE)

                                 MR. SPEAKER --

                                 ACTING SPEAKER AUBRY:  ON BEHALF OF THE

                    SPEAKER AND ALL THE MEMBERS, RUBEN, WELCOME BACK MY BROTHER.  IT'S

                    GOOD TO SEE YOU.  THANK YOU FOR JOINING US.  YOU'RE ALWAYS WELCOME.

                    AS A MEMBER, YOU ALWAYS HAVE THE PRIVILEGES OF THE FLOOR.

                                         79



                    NYS ASSEMBLY                                               JANUARY 15, 2019

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, DO WE

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  WE HAVE NUMEROUS

                    FINE RESOLUTIONS, WE WILL TAKE UP IN ONE VOTE.  ON THE RESOLUTIONS, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTIONS ARE

                    ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 19-24 WERE

                    UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I WOULD LIKE TO REMIND OUR MEMBERS THAT THE GOVERNOR'S

                    BUDGET PRESENTATION IS AT 2 P.M. IN THE HART THEATER.  OUR

                    SERGEANT-AT-ARMS, WAYNE WILL -- AND HIS STAFF WILL BE AVAILABLE TO

                    MEMBERS ON THE CONCOURSE.  AND I MOVE THAT THE ASSEMBLY STAND

                    ADJOURNED UNTIL WEDNESDAY, JANUARY THE 16TH, TOMORROW BEING A

                    LEGISLATIVE DAY, THAT WE RECONVENE ON TUESDAY, JANUARY THE 22ND AT

                    2 P.M., THAT'S THE NEXT SESSION, IS TUESDAY, JANUARY 2ND (SIC) AT 2 P.M.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON MRS.

                    PEOPLES-STOKES' MOTION, THE ASSEMBLY STANDS ADJOURNED.

                                 (WHEREUPON, AT 1:32 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL WEDNESDAY, JANUARY 16TH, WEDNESDAY BEING A

                    LEGISLATIVE DAY, AND TO RECONVENE ON TUESDAY, JANUARY 22ND AT 2:00

                    P.M., TUESDAY BEING A SESSION DAY.)

                                         80