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

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.

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

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

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

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

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.

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,

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

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.

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

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.

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

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

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

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

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

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.

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.

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

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

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

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

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

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

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

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

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

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)

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.

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

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.

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.

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

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?

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

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,

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

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

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.

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

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.

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

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

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.

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

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

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

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

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

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

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

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

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.

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,

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

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

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

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

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.

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

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

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

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?

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

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?

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.

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?

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

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,

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

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

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.

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.

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

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.

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.

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

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.

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.)