MONDAY, MAY 7, 2018                                                     2:42 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 PASTOR NATE WILL OFFER A PRAYER.

                                 PASTOR NATHANIEL DEMOSTHENE:  THANK

                    YOU, MR. SPEAKER.

                                 ALMIGHTY GOD, FATHER, YOU DESIRE THAT WE ALL BE ONE -

                    NOT THE SAME, BUT ONE; NOT ONE PARTY, NOT ONE RACE, NOT ONE SINGLE

                    INTEREST, FOR WE KNOW YOU ARE GLORIFIED IN DIVERSITY.  NEVERTHELESS,

                    YOU WANT US TO BE ONE.  OF ONE HEART, ONE MIND, ONE DESIRE TO SERVE

                    YOU AND LOVE OUR NEIGHBORS AS MUCH, IF NOT MORE THAN WE SERVE

                    OURSELVES.  THEREFORE, THIS MORNING -- THIS AFTERNOON, HELP US TO REALIZE

                    THAT IN SERVICE TO OTHERS, WE ARE ACTUALLY SERVING YOU.  HELP US TO SERVE

                                          1



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    THE DISABLED; SERVE THE VULNERABLE THAT NEED PROTECTION AND CONCERN;

                    SERVE THE YOUNG, WHO ARE SEARCHING FOR IDENTITY AND SECURITY,

                    ESPECIALLY IN OUR SCHOOLS; SERVE OUR ELDERLY, WHO ARE SEARCHING FOR CARE

                    AND COMFORT; SERVE OUR HOMELESS AND DOWNTRODDEN, WHO ARE LONGING

                    FOR SHELTER; SERVE THE CONFUSED, WHO ARE LONGING FOR MENTAL AND

                    REHABILITATION; SERVE THOSE WHO HAVE BEEN MARGINALIZED; THOSE WHO ARE

                    ADDICTED; THOSE WHO ARE INCARCERATED AND DEPEND UPON US FOR SAFETY

                    AND REHABILITATION.  HELP US TO SERVE OTHERS WITHOUT OUR OPINIONS OR

                    SOCIAL TRENDS.

                                 WE THANK YOU TODAY, ON HAITIAN UNITY DAY, THAT YOU

                    HAVE ALLOWED BOTH HAITIANS AND AMERICANS TO BE A PEOPLE JOINED AT THE

                    HIP.  SINCE THE DAYS OF THE REVOLUTIONARY WAR AND THE BATTLE OF

                    SAVANNAH TO THE LOUISIANA PURCHASE, THE BLOOD OF LIBERTY HAS FLOWN

                    THROUGH BOTH OF OUR VEINS.  AS WE'VE CHOSEN TO WORK TOGETHER ON A DAY

                    LIKE TODAY, AS PIONEERING REPUBLICS AND DEMOCRACIES, WE PRAY FOR OUR

                    ELECTED OFFICIALS TO CONTINUOUSLY INSPIRE DEMOCRACY AS THEY WORK TO

                    GUARD US, GUIDE US THROUGH LEGISLATION.  PROTECT THEM AND THEIR

                    FAMILIES.  GIVE THEM THE COURAGE OF THEIR CONVICTIONS, AND NEVER LET

                    POLITICAL EXPEDIENCY REPLACE THEIR MORAL COMPASS IN DOING THIS TIRELESS

                    WORK THAT MAKES US SUCH A GREAT STATE.  LET US BE A STATE NOT OF

                    INJUSTICE, PREJUDICE AND DISENFRANCHISEMENT, BUT A PLACE WHERE YOUR

                    LAW IS UPHELD AND YOUR PEOPLE ARE GIVEN THE DIGNITY OF BEING YOUR

                    CHILDREN.  FORGET NOT THIS DAY OUR ARMED FORCES THAT SERVE AND

                    STRENGTHEN OUR RESOLVE TO CARE FOR OUR VETERANS, ESPECIALLY THOSE WHO

                    HAVE BEEN WOUNDED PROTECTING THESE LIBERTIES AND FREEDOMS.  THIS, WE

                                          2



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    PRAY THROUGH OUR EXAMPLE AND MARTYR, OUR MARTYR, YOUR SON, AMEN.

                                 ACTING SPEAKER AUBRY:  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 FRIDAY, MAY 4TH.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I MOVE

                    TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF FRIDAY, MAY 4TH

                    AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  GOOD

                    AFTERNOON TO YOU AND TO ALL OF MY COLLEAGUES.  BEFORE I GO TO OUR

                    SCHEDULE FOR THE DAY, LET ME JUST NOTE THAT ON THIS DAY IN 1915, THE

                    LUSITANIA WAS TORPEDOED BY A GERMAN SUBMARINE OFF THE COAST OF

                    IRELAND.  ROUGHLY 1,200 PASSENGERS ABOARD THE SHIP PERISHED,

                    INCLUDING 128 AMERICAN CITIZENS.  FOLLOWING THE ATTACK, U.S. PRESIDENT

                    WOODROW WILSON CONTINUED THE NATION'S NEUTRALITY PLEDGE REGARDING

                    WORLD WAR I; HOWEVER, THE ACT WAS A KEY EVENT ULTIMATELY LEADING TO

                    THE UNITED STATES ENTRY INTO THE WAR.

                                 AND UNDER THE HEADING OF "DID YOU KNOW", DID YOU

                    KNOW THAT CHESTER, NEW YORK CLAIMS TO BE THE ORIGIN OF PHILADELPHIA

                                          3



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    STYLE CREAM CHEESE?  CHESTER, NEW YORK, LOCATED IN THE 99TH

                    ASSEMBLY DISTRICT, REPRESENT BY OUR FRIEND MR. -- MR. SKOUFIS.  IN 19 --

                    I'M SORRY, IN 1872, A DAIRY FARMER NAMED WILLIAM LAWRENCE DEVELOPED

                    A RICHER CREAMIER CHEESE THAT HE REFERRED TO SIMPLY AS "CREAM CHEESE".

                    BY 1880, NEW YORK, A BUSINESSMAN NAMED ALVAH REYNOLDS DECIDED

                    TO BRING A MARKETING IDENTITY TO THIS UNIQUE STYLE OF CHEESE, SO HE

                    CALLED IT "PHILADELPHIA CREAM CHEESE", FOR REASONS THAT FOREVER WILL

                    PROBABLY BE UNKNOWN.  A DEMAND FOR THE PRODUCT TOOK OFF UNTIL HE

                    SOLD THE BRAND TO KRAFT FOODS IN 1928.  AND NO, IT WAS NOT A

                    PHILADELPHIA PRODUCT, IT WAS IN CHESTER, NEW YORK.

                                 SO, WITH THAT, LET ME TURN TO OUR SCHEDULE FOR THE DAY.

                    MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR WHICH CONTAINS 32 NEW

                    BILLS, WHICH MEMBERS HAVE NOT SEEN ON THE CALENDAR BEFORE TODAY.  WE

                    ALSO HAVE A DEBATE LIST ON EVERYONE'S DESK.  AFTER INTRODUCTIONS AND

                    HOUSEKEEPING, AND I UNDERSTAND WE HAVE A NUMBER OF INTRODUCTIONS,

                    WE WILL BEGIN OUR WORK ON THE FLOOR BY TAKING UP RESOLUTIONS ON PAGE 3

                    OF THE CALENDAR, AND TAKING UP THE NEW BILLS TO THE CALENDAR.  WE WILL

                    DO THAT BY CONSENTING, BEGINNING WITH CALENDAR NO. 798.

                                 SO, MR. SPEAKER, IF THERE ARE INTRODUCTIONS AND

                    HOUSEKEEPING, THIS WOULD BE THE APPROPRIATE THE TIME TO TAKE THEM UP.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  WE WILL

                    DO HOUSEKEEPING FIRST.

                                 ON A MOTION BY MR. MOSLEY, PAGE 22, CALENDAR NO.

                    124, BILL NO. 1656, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. DINOWITZ, PAGE 76, CALENDAR NO.

                                          4



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    723, BILL NO. A-9764, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 FOR THE PURPOSES OF A (SIC) INTRODUCTION, MS. JAFFEE.

                                 MS. JAFFEE:  THANK YOU, MR. SPEAKER.  I'M GOING TO

                    MAKE AN INTRODUCTION, I'M SO PROUD -- I ALSO WANT TO IN -- HAVE THIS

                    INTRODUCTION ON BEHALF OF ASSEMBLYMEMBER ZEBROWSKI AND SKOUFIS, AS

                    WELL.  I'M SO PROUD TO BE INTRODUCING PASTOR NATHANIEL DEMOSTHENE.

                    HE HAS BEEN A LEAD PASTOR FOR THE FIRST TIMOTHY CHRISTIAN CHURCH SINCE

                    2010.  HE'S MARRIED TO EVANGELIST MYRLANDE DEMOSTHENE, AND THEY

                    HAVE TWO CHILDREN, A DAUGHTER AND A SON.  HE TOOK OVER THE CHURCH IN

                    TRANSITION, AND HELPED EXPAND IT TO A NEW SANCTUARY, AS WELL AS NEWLY

                    INTEGRATED MULTIFACETED PROGRAMS TO HELP THE COMMUNITY AND MEMBERS

                    GROW SPIRITUALLY, SOCIALLY, ECONOMICALLY AND PHYSICALLY.  HIS PASSION IS

                    TO SEE THE COMMUNITY-AT-LARGE GROW IN A POSITIVE LIGHT AS A RESPONSE TO

                    THE CHURCH'S INFLUENCE OUTSIDE ITS WALLS.  HE'S ALSO A PROFESSOR AT

                    ROCKLAND COMMUNITY COLLEGE AND HE LOVES PLAYING BASKETBALL AND

                    MUSICAL INSTRUMENTS IN HIS SPARE TIME.

                                 SO, MR. SPEAKER, PLEASE EXTEND THE CORDIALITIES OF THE

                    HOUSE FOR OUR WONDERFUL PASTOR, NATHANIEL DEMOSTHENE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    MS. JAFFE, MR. ZEBROWSKI, MR. SKOUFIS, THE SPEAKER AND ALL THE

                    MEMBERS, PASTOR NATE, WE ARE PLEASED TO HAVE YOU HERE.  WE EXTEND TO

                    YOU THE PRIVILEGES OF THE FLOOR.  THANK YOU FOR COMING AND STARTING OUR

                    SESSION OFF WITH A PRAYER, AND HOPE THAT YOU WILL COME BACK AND VISIT

                    US OFTEN.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                          5



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 MS. BICHOTTE FOR AN INTRODUCTION.

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

                    ALLOWING ME TO MAKE THIS INTRODUCTION.

                                 TODAY IS HAITIAN UNITY DAY!

                                 (APPLAUSE)

                                 AND TODAY WE ARE COMMEMORATING ALL OF THOSE,

                    ESPECIALLY OF THOSE OF -- OF HAITIAN DESCENT, WHO HAS (SIC) IMPACTED NOT

                    ONLY THE STATE OF NEW YORK, BUT THE WORLD.  YOU KNOW, WHENEVER WE

                    THINK OF HAITI, WE -- WE OFTEN THINK OF THE NEGATIVE THINGS.  BUT WE

                    KNOW HERE IN THE PEOPLE'S HOUSE, WE COMMEMORATE, WE BRING THE

                    POSITIVE THINGS.  AND SO WITH US HERE TODAY, AS THEY STAND UP IN THE

                    BACK, I WOULD LIKE TO WELCOME THE MANY, MANY CONSTITUENTS FROM ALL

                    OVER THE STATE OF NEW YORK.  WE HAVE THEM HERE IN THE BACK, WE HAVE

                    THEM HERE IN THE GALLERY.  WE HAVE MEMBERS FROM ROCKLAND COUNTY.

                    WE HAVE MEMBERS FROM LONG ISLAND, SUFFOLK AND NASSAU.  WE HAVE

                    MEMBERS FROM THE FIVE BOROUGHS OF NEW YORK CITY, BROOKLYN,

                    QUEENS, STATEN ISLAND, MANHATTAN AND THE BRONX.  WE ALSO HAVE

                    PEOPLE FROM WHITE PLAINS AND NEW JERSEY AND CONNECTICUT.

                                 WE HAVE BROUGHT MANY DIFFERENT PROFESSIONS ACROSS

                    THE STATE.  WE HAVE LAW ENFORCEMENT OFFICERS.  WE HAVE NURSES.  WE

                    HAVE DOCTORS.  WE BUSINESSMENS (SIC).  WE HAVE TEACHERS AND SCHOOL

                    ADMINISTRATORS.  WE HAVE CHEFS AND COOKS.  AND WE HAVE LABOR

                    PARTNERS.  WE HAVE MEMBERS OF DIFFERENT CLUBS.  WE ARE JUST REALLY

                    EXCITED.

                                 AND AMONGST THOSE, WE ARE VERY PROUD TO HAVE THE

                                          6



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    VICE CONSULATE WITH US OF CLAUDE AMBROISE.  WE ALSO HAVE TWO

                    ELECTED OFFICIALS, COUNCILWOMAN VALERIE CARTRIGHT FROM SUFFOLK --

                                 (APPLAUSE)

                                 -- COUNTY.

                                 (APPLAUSE)

                                 WE ALSO HAVE TRUSTEE EUDSON TYSON FRANCOIS FROM

                    SPRING VALLEY.

                                 (APPLAUSE)

                                 AND OF COURSE, WE HAVE OUR GUEST OF HONOR TODAY,

                    WHO IS KARINE JEAN-PIERRE, A NATIONAL SPOKESPERSON OF MOVEON.ORG --

                                 (APPLAUSE)

                                 -- A CONTRIBUTOR OF CNN, MSNBC, AND GOES ON.  WE

                    ARE JUST REALLY DELIGHTED TO HAVE ALL OF US AMONGST THE PEOPLE'S HOUSE,

                    AMONGST THE STATE LEGISLATORS.

                                 AND PLEASE, MR. SPEAKER, WE ASK YOU -- THAT YOU GIVE

                    ALL OF US, HAITIANS, HAITIANS FROM ALL OVER -- AND WE WANT TO THANK OUR

                    COLLEAGUES, ALSO, ALL OF OUR COLLEAGUES FOR PARTICIPATING AND

                    COSPONSORING OUR EVENT TODAY.  SO WE FEEL THE LOVE.  WE FEEL THE

                    BLESSING.  AND WE ASK YOU TO BRING GREETINGS TO ALL OF THEM.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.

                                 (APPLAUSE)

                                 ON BEHALF OF MS. BICHOTTE, MS. SOLAGES, MS.

                    JEAN-PIERRE, MR. VANEL, MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS,

                    WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.  WE EXTEND TO

                                          7



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    YOU THE PRIVILEGES OF THE FLOOR.  THIS IS THE PEOPLE'S HOUSE, IT IS A PLACE

                    WHERE YOU WILL ALWAYS BE WELCOME.  AND WE GLORY IN YOUR HERITAGE AS

                    YOU CELEBRATE YOUR HERITAGE TODAY.  THANK YOU, AND ALWAYS FEEL

                    WELCOME HERE.

                                 (APPLAUSE)

                                 MR. BUCHWALD FOR THE PURPOSE OF AN INTRODUCTION.

                                 MR. BUCHWALD:  THANK YOU, MR. SPEAKER.  ALONG

                    THE SAME LINES, BECAUSE IT'S THEIR FIRST TIME HERE AS PART OF HAITIAN

                    UNITY DAY, I WANT TO RECOGNIZE TWO RESIDENTS OF THE WHITE PLAINS

                    COMMUNITY, HEATHER MILLER AND MYRLENE CHAUVETTE.  THEY ARE

                    EXECUTIVE DIRECTOR AND PROGRAM DIRECTOR OF THE THOMAS H. SLATER

                    CENTER, WHICH HOUSES THE HAITIAN RESOURCE CENTER.  SO, IF I COULD ASK

                    THEM IN THE BALCONY TO PLEASE STAND AND BE RECOGNIZED, AND WELCOME

                    THEM AND ALL OF THE FOLKS HERE WHO ARE PART OF HAITIAN UNITY DAY, BUT

                    IN PARTICULAR, IF I CAN ON BEHALF OF THE WESTCHESTER DELEGATION BE VERY

                    PROUD OF THE FACT THAT WESTCHESTER IS REPRESENTED IN PART BECAUSE OF THE

                    GREAT HAITIAN-AMERICAN CONTRIBUTIONS TO THE WESTCHESTER COMMUNITY

                    AND TO THE GREAT STATE OF NEW YORK.  THANK YOU VERY MUCH, MR.

                    SPEAKER.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. BUCHWALD AND MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME THESE DISTINGUISHED REPRESENTATIVES OF WEST -- WHITE PLAINS

                    AND WESTCHESTER AND, OF COURSE, OF THE HAITIAN COMMUNITY.  WE HOPE

                    THAT YOU WILL FIND THIS TIME PERFECT.  YOU ARE ALSO EXTENDED THE

                                          8



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    PRIVILEGES OF THE FLOOR.  WE HOPE THAT YOU ENJOY YOUR TRIP HERE TODAY.

                    THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MR. MURRAY.

                                 MR. MURRAY:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE PURPOSE OF AN

                    INTRODUCTION.  WE'RE JOINED TODAY BY A VERY SPECIAL GUEST FROM MY

                    DISTRICT, KARA STINGO.  SHE IS A SENIOR AT PATCHOGUE-MEDFORD HIGH

                    SCHOOL, AND LAST YEAR SHE WAS ACTUALLY SELECTED AS THE WINNER OF OUR

                    PHOTO CONTEST IN THE 3RD ASSEMBLY DISTRICT.  SHE HAS MANY HOBBIES.

                    VERY, VERY TALENTED YOUNG LADY.  SHE PARTICIPATES IN DANCE, DOES CAKE

                    DECORATING AND PHOTOGRAPHY, TO NAME A FEW.  RECENTLY, KARA COMPETED

                    ON THE NEW YORK STATE LEVEL IN A COMMERCIAL BAKING COMPETITION, AND

                    SHE WON FIRST PLACE.  SHE WILL THEN BE COMPETING AT THE NATIONAL LEVEL

                    ON JUNE 25TH IN KENTUCKY, REPRESENTING NEW YORK AND, IN PARTICULAR,

                    THE 3RD ASSEMBLY DISTRICT.  KARA IS ALSO A MEMBER OF THE NATIONAL ART

                    HONOR SOCIETY, AS WELL AS THE NATIONAL TECHNICAL HONOR SOCIETY.  THIS

                    SUMMER, SHE'LL BE WORKING AS AN ASSISTANT BAKER AT MADEMOISELLE

                    PATISSERIE, A NEW BAKERY OPENING IN THE VILLAGE OF PATCHOGUE.  IN THE

                    FALL, KARA WILL BE ATTENDING JOHNSON AND WALES IN THE FIELD OF BAKING

                    AND PASTRY ARTS.  AND TODAY, SHE IS JOINED BY HER MOTHER, LYNN STINGO -

                    IF LYNN COULD JOIN - THERE SHE IS.

                                 AND WE WISH KARA AND HER FAMILY ALL THE BEST AS THEIR

                    FUTURE IS BRIGHT AND VERY PROMISING.  AND IF YOU COULD PLEASE HELP US

                    IN JOINING -- JOINING AND INVITING THEM HERE TODAY TO ENJOY ALL THE

                                          9



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    FESTIVITIES.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. MURRAY, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME BOTH OF

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

                    PRIVILEGES OF THE FLOOR.  OUR BEST WISHES ON A BRIGHT FUTURE THAT APPEARS

                    TO BE IN FRONT OF YOU.  AND WE HOPE THAT MAYBE AT SOME POINT IN TIME,

                    WE'LL BE ABLE TO SHARE IN THIS DELIGHTFUL HABIT YOU HAVE, THIS CAREER IN

                    BAKING.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 MS. JAFFEE.

                                 MS. JAFFEE:  THANK YOU, MR. SPEAKER.  I WANT TO

                    RECOGNIZE MARILYN LASTAJ DE FOREST AND MARIE CARMEL CARGON.  THEY

                    ARE MEMBERS OF THE HAITIAN NURSES ASSOCIATION.  MR. SPEAKER, I WOULD

                    THAT YOU GIVE -- ASK THEM -- YOU PROVIDE THEM THE -- EXTEND TO THEM THE

                    CORDIALITIES OF THE HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

                    TWO NURSES HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND THE

                    PRIVILEGES OF THE FLOOR TO YOU, AND OUR APPRECIATION FOR THE WORK THAT

                    YOU DO IN KEEPING PEOPLE HEALTHY AND HELPING THEM GET WELL.  THANK

                    YOU SO VERY MUCH.  IT IS AN IMPOSSIBLE TASK AND WE KNOW YOU DO IT

                    WELL.  THANK YOU.

                                 (APPLAUSE)

                                 MR. DIPIETRO.

                                 MR. DIPIETRO:  THANK YOU, MR. SPEAKER.  IT'S MY

                                         10



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    HONOR TO INTRODUCE THREE BEAUTIFUL WOMEN, JENNIFER RUMFOLA, VANESSA

                    PATRONE AND DR. VICKI KNAPP.  THE LATTER TWO ARE FROM -- THEY

                    REPRESENT DAEMEN COLLEGE AND THEY'RE ALL LICENSED BEHAVIOR ANALYSTS,

                    AND IT'S THEIR TIME FIRST TIME IN ALBANY.  AND THEY'RE ENJOYING IT

                    TREMENDOUSLY, WHICH I FIND HARD, BUT THAT'S GOOD FOR THEM.  THEY LOVE

                    THE SIGHTS, AND I WOULD ASK YOU TO KINDLY WELCOME THEM AND -- AND

                    GIVE THEM A GOOD IMPRESSION AS WE MOVE ON WITH OUR DAY.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

                    HERE TO THE NEW YORK STATE ASSEMBLY.  WE APPRECIATE THAT YOU HAVE

                    COME AND JOINED US.  WE HOPE THAT YOUR JOY WILL PASS ON TO MR.

                    DIPIETRO, LIGHTEN HIS SPIRITS A LITTLE, HE MAY NEED A LITTLE OF YOUR

                    ATTENTION.  THANK YOU SO VERY MUCH AND KNOW THAT YOU ARE ALWAYS

                    WELCOME HERE.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                 (PAUSE)

                                 AND WE HAVE ENDED OUR INTRODUCTIONS FOR THE

                    MOMENT, MR. MORELLE.

                                 SHH.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  IF WE

                    COULD GO TO PAGE 3 AND BEGIN WITH RESOLUTIONS, BEGINNING WITH NO.

                    1130 BY MS. SOLAGES.  I UNDERSTAND A NUMBER OF PEOPLE WISH TO SPEAK

                    ON THAT RESOLUTION.  AND THEN ON THE FOLLOWING RESOLUTION, I UNDERSTAND

                    MRS. GUNTHER WOULD LIKE TO BE HEARD, AS WELL.

                                         11



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1130, MS.

                    SOLAGES.  LEGISLATION RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM MAY 7TH, 2018 AS HAITIAN UNITY DAY IN NEW YORK,

                    IN CONJUNCTION WITH THE OBSERVANCE OF HAITIAN HERITAGE MONTH.

                                 ACTING SPEAKER AUBRY:  MS. SOLAGES ON THE

                    RESOLUTION.

                                 MS. SOLAGES:  IT'S THAT TIME OF YEAR AGAIN.  MAY,

                    HAITIAN HERITAGE MONTH, A MONTH WHERE WE CELEBRATE THE CONTRIBUTIONS

                    OF HAITIAN-AMERICANS IN NEW YORK.  AND IT'S AMAZING THAT WE'RE

                    CELEBRATING SO MANY GREAT PEOPLE AND WE HAVE SO MANY GREAT PEOPLE IN

                    THE PEOPLE'S HOUSE, LOOKING TO RECOGNIZE A GREAT INDIVIDUAL, A GREAT

                    IMMIGRANT COMMUNITY.  YOU KNOW, WE HEAR THE RHETORIC THAT'S GOING

                    ON RIGHT NOW, AND IT'S KIND OF REMINISCENT OF WHAT WAS SAID IN THE '80S

                    AND '90S WHEN HAITIAN-AMERICANS WERE STARTING TO COME HERE TO NEW

                    YORK STATE.  BUT, WE ARE STRONG PEOPLE.  WE DON'T LISTEN TO THE

                    NEGATIVE, WE TURN IT INTO A POSITIVE, WHETHER IT'S ON OUR LITTLE ISLAND OR

                    HERE IN -- IN NEW YORK STATE.

                                 AND I HAVE SUCH STRONG MENTORS, WHICH INCLUDE

                    MAGLIA POLO AND MAURICE EVHAFALE, WHO STAND BY ME EVERY DAY AND

                    ENCOURAGE ME TO CONTINUE ON, EVEN THOUGH PEOPLE SAY HATEFUL THINGS

                    ABOUT US.  BUT WE STAND PROUD, AND WE STAND TALL, BECAUSE WE HAVE

                    ADEQUATE REPRESENTATION.  WE ARE PROFESSIONALS IN EVERY REALM OF

                    SOCIETY, WHETHER IT'S DOCTORS, LAWYERS, ENGINEERS, AND OTHER PROFESSIONS,

                    LIKE CNN REPORTER.  AND SO, KUDOS TO OUR HONOREE.  BUT, ONCE AGAIN,

                                         12



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    WE ARE STRONG PEOPLE, AND WE ARE, TODAY, ALL HAITIAN BY ASSOCIATION.  SO

                    SAK PASE N'AP BOULE, AND THANK YOU SO MUCH.

                                 AND, SPEAKER, THANK YOU SO MUCH FOR ALLOWING THIS

                    RESOLUTION ON THE FLOOR.

                                 ACTING SPEAKER AUBRY:  MR. BARRON ON THE

                    RESOLUTION.

                                 MR. BARRON:  I ALWAYS TAKE THIS OPPORTUNITY TO

                    HONOR OUR HAITIAN BROTHERS AND SISTERS, BECAUSE WHEN WE HONOR THEM,

                    WE HONOR THE BEST IN US.  IT WAS THE HAITIAN REVOLUTION, THE FIRST IN THE

                    WESTERN HEMISPHERE THAT INSPIRED AFRICAN PEOPLE IN AMERICA TO RISE

                    UP ON PLANTATIONS.  IT WAS THE EARLY REVOLUTIONARIES, BOUKMAN,

                    DESSALINES, TOUSSAINT L'OUVERTURE, HENRI CHRISTOPHE, THESE WERE THE

                    NAMES OF PEOPLE THAT INSPIRED HARRIET TUBMAN, THAT INSPIRED NAT

                    TURNER, THAT INSPIRED ALL OF US TO FIGHT FOR OUR FREEDOM HERE IN

                    AMERICA.  AND THEIR FIGHTING WAS SO FIERCEFUL, AS THEY WERE BEATING

                    NAPOLEON BONAPARTE, THE FRENCH GENERAL, THEY WERE BEATING HIM SO

                    BADLY THAT THEY HAD TO SELL LOUISIANA TO THE UNITED STATES.  AND THAT'S

                    HOW THE UNITED STATES GOT LOUISIANA, BECAUSE THE HAITIAN

                    REVOLUTIONARIES WERE WHIPPING UP THE GREAT NAPOLEON, BEATING HIM

                    BADLY, SO MUCH SO THAT THEY HAD TO SELL THAT TO THE UNITED STATES.

                                 SO, THE UNITED STATES OWES A DEBT TO HAITI, JUST AS

                    FRANCE DOES.  FRANCE OWES A DEBT TO HAITI.  FRANCE HAS A LOT OF NERVE TO

                    HAVE HAITI PAYING REPARATIONS TO FRANCE?  WE SHOULD REVERSE THAT.

                    FRANCE SHOULD BE PAYING REPARATIONS TO HAITI.  SO, WE'RE GOING TO

                    CONTINUE TO SUPPORT OUR HAITIAN BROTHERS AND SISTERS.  AND THE UNITED

                                         13



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    STATES DOESN'T WALK AWAY CLEANLY, BECAUSE THE MARINES OCCUPIED HAITI

                    IN 1915.  THE MARINES COLONIZED HAITI IN 1915 --

                                 (APPLAUSE)

                                 -- SO UNITED STATES OWES REPARATIONS TO HAITI.  SO

                    WHEN YOU PLEDGE ALLEGIANCE TO THE UNITED STATES, AND WE PUT YOUR

                    HANDS OVER YOUR HEARTS, PUT THEM OVER YOUR MINDS, TOO, AND TELL

                    AMERICA TO PAY THE DEBT TO HAITI BECAUSE THEY OWE HAITI REPARATIONS.

                                 (APPLAUSE)

                                 SO, ON THIS DAY AS WE CELEBRATE HAITI, WE ARE ALL

                    AFRICAN PEOPLE.  I ALWAYS SAY THAT DR. JOHN HENRIK CLARKE, THE GREAT

                    HISTORIAN, SAID, WE'RE NOT WHO WE ARE BASED UPON WHERE THE BOATS

                    DROPPED US OFF, WE'RE WHO WE ARE BASED UPON WHERE THE BOATS PICKED

                    US UP FROM.  AND THEY PICKED US ALL UP FROM AFRICA.  DROPPED YOU OFF

                    IN HAITI, DROPPED US OFF IN AMERICA, DROPPED SOME OFF IN TRINIDAD AND

                    JAMAICA AND IN BRAZIL, BUT WE ARE ONE AFRICAN PEOPLE, AND WHEN YOU

                    MESS WITH ONE OF US, YOU'VE MESSED WITH ALL OF US.

                                 (APPLAUSE)

                                 SO WE SAY, RIGHT-ON TO HAITI.  WE HONOR HAITIAN DAY.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MS. JEAN-PIERRE ON

                    THE RESOLUTION.

                                 MS. JEAN-PIERRE:  IT'S ALWAYS HARD TO GO AFTER YOU,

                    BARRON.  BUT I'M A PROUD HAITIAN-AMERICAN, AND I JUST -- I JUST -- AND I

                    WANT TO THANK -- FIRST OF ALL, I WANT TO THANK MY COLLEAGUE FOR

                    INTRODUCING THIS LEGISLATION, THIS RESOLUTION, TO NOT ONLY RECOGNIZE

                                         14



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    1803-1804, 1791-1803, BUT TO RECOGNIZE THE MANY BEAUTY WE HAVE

                    RIGHT HERE IN THIS ROOM, HOW HARD WE WORK, AND HOW HARD WE WORK TO

                    MAKE AMERICA GREAT.  AND WE EACH PLAY A PART IN THIS COUNTRY.  AND I

                    AM SO HONORED AND PROUD THAT WE IN THIS CHAMBER, IN THIS LEGISLATURE,

                    WE CAN CELEBRATE THE CULTURE AND THE BEAUTY OF HAITI AND HAITIANS.  IT IS

                    AN HONOR TO -- TO CONTINUE THIS LEGACY WITH MY TWO-YEAR-OLD, TO KNOW

                    THAT I -- TO LET HER KNOW THAT I AM A PROUD HAITIAN-AMERICAN, AND THAT

                    SHE, TOO, SHOULD BE AND WILL BE A PROUD HAITIAN-AMERICAN.  BECAUSE

                    THIS IS WHAT MAKES THIS COUNTRY GREAT, HAITIANS AND ALL DIVERSITY.

                    AGAIN, THANK YOU.  AND I WANTED TO RECOGNIZE ALL OF MY LONG ISLANDERS

                    WHO ARE HERE TODAY TO CELEBRATE HAITIAN UNITY DAY.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. VANEL.

                                 MR. VANEL:  I'M PROUD TO BE HERE FOR HAITIAN UNITY

                    DAY 2018.  HAITIAN UNITY DAY IS A VERY, VERY IMPORTANT DAY.  IT'S A DAY

                    THAT I STAND A LITTLE TALLER.  WHEN WE STAND AND SEE HOW ALL THE POWERFUL

                    MEN AND WOMEN FROM AROUND THIS STATE OF HAITIAN DESCENT ARE HERE.

                    ONE OF THINGS IS, WHO TELLS YOUR STORY?  AND WHAT IS YOUR STORY?  THE

                    STORY OF HAITI IS A STORY OF POWER.  BUT I'M NOT GOING TO TALK ABOUT THE

                    HISTORY OF HAITI, BECAUSE THE HISTORY OF HAITI IS A VERY, VERY POWERFUL

                    HISTORY.  BUT I'M GOING TO TALK ABOUT THE HAITIAN-AMERICANS OF TODAY.

                                 TODAY, WE HAVE LEADERS ACROSS THE COUNTRY, ACROSS THE

                    STATE.  PRINCIPALS, STUDENTS, TEACHERS, DOCTORS, LAWYERS, THAT -- BUSINESS

                    OWNERS, THAT CONTRIBUTE TO NEW YORK AND TO NEW YORK STATE, THAT

                    CONTRIBUTE TO THE NEW YORK STATE ECONOMY.  THESE ARE AMERICANS.

                                         15



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    THESE ARE -- THESE PROVIDE THE GREAT AMERICAN STORY SO -- THAT WE ARE

                    SO FAMILIAR OF.  THAT IS THE HAITIAN STORY.  THAT'S THE HAITIAN-AMERICAN

                    STORY.  SO I STAND HERE PROUD TO STAND WITH MY OTHER

                    HAITIAN-AMERICANS AND MY HAITIAN-AMERICAN NEW YORKERS, WHO ARE

                    AMONG THE BEST OF THE BEST IN OUR STATE AND IN OUR COUNTRY.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 (APPLAUSE)

                                 MS. JAFFEE ON THE RESOLUTION.

                                 MS. JAFFEE:  THANK YOU, MR. SPEAKER.  IT TRULY IS AN

                    HONOR FOR ME TODAY TO STAND HERE AND CONTINUE TO CELEBRATE, AND THIS IS

                    OUR 9TH HAITIAN UNITY DAY IN OUR CHAMBER; TO RECOGNIZE AND HONOR

                    HAITI'S LEGACY OF LIBERTY AND JUSTICE THROUGHOUT THE WORLD.  WE

                    ABSOLUTELY IN -- IN MY DISTRICT, I THINK WE ARE HOME TO ONE OF THE LARGEST

                    HAITIAN COMMUNITIES IN NEW YORK.  THEY'RE AN INTEGRAL PART OF OUR

                    COMMUNITY AND OUR WORKFORCE.  THEY ARE LEADERS AND COMMUNITY

                    PARTICIPANTS, ADVOCATES.  AND THE YOUTH ARE PART OF OUR COMMUNITY

                    SCHOOLS AND OUR EDUCATION SYSTEM.  SO, IT IS REALLY AN HONOR TO BE

                    JOINING YOU ALL TODAY AND TO SHARE THIS MOMENT AS WE WELCOME

                    MEMBERS OF OUR HAITIAN-AMERICAN COMMUNITY, ACKNOWLEDGING THEIR

                    SIGNIFICANT AND COUNTLESS CONTRIBUTIONS TO NEW YORK.  THEY HAVE

                    ENRICHED OUR NATION AND OUR STATE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 (APPLAUSE)

                                 MR. BLAKE ON THE RESOLUTION.

                                         16



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 MR. BLAKE:  THANK YOU, MR. SPEAKER.  OBVIOUSLY,

                    WE ARE EXCITED AND -- AND GRATEFUL FOR THE HAITIAN COMMUNITY BEING

                    HERE YET AGAIN.  WE CONTINUE TO STAND WITH OUR HAITIANS SISTERS AND --

                    AND BROTHERS.  AS MEMBER BARRON MENTIONED ALREADY, FOR ANY OF US TO

                    HAVE APPRECIATION OF OUR HISTORY, IN PARTICULAR BLACK HISTORY, THE

                    HAITIAN COMMUNITY BEING THE FIRST THAT LED A SUCCESSFUL REVOLT, WE ARE

                    GRATEFUL FOR THEM.

                                 BUT IN PARTICULAR, FOLLOWING IN A PREVIOUS MEMBER'S

                    COMMENTS, HIGHLIGHTING TWO MEMBERS OF THE HAITIAN COMMUNITY, WHO,

                    IT IS IMPORTANT FOR PEOPLE TO KNOW HAVE SERVED THIS COUNTRY ADMIRABLY

                    AND HONORABLY, TO KARINE JEAN-PIERRE, WHO IS A VERY DEAR FRIEND OF

                    MINE, MR. SPEAKER AND COLLEAGUES.  KARINE HAS -- HAS SERVED PRESIDENT

                    OBAMA IN MULTIPLE CAPACITIES.  SHE WAS ONE OF OUR REGIONAL DIRECTORS,

                    SHE WAS ONE OF OUR NATIONAL DEPUTY DIRECTORS, AND WHENEVER WE GET TO

                    SEE HER ON TV, IT SHOULD MAKE US ALL PROUD OF WHAT HAPPENS WHEN

                    WOMEN OF COLOR ARE IN LEADERSHIP.

                                 AND THEN EQUALLY, TO PATRICK GASPARD, WHO WAS THE

                    FORMER AMBASSADOR TO SOUTH AFRICA, WHO IS NOW PRESIDENT OF OPEN

                    SOCIETY FOUNDATION.  IT SHOWS US YET AGAIN WHAT HAPPENS WHEN WE

                    HAVE OUR HAITIAN SISTERS AND BROTHERS IN LEADERSHIP.

                                 AND SO WE STAND WITH THEM, WE HONOR THEM, WE'RE

                    GRATEFUL FOR THEM.  AND, OBVIOUSLY, EVEN THOUGH I STILL BELIEVE

                    JAMAICANS HAVE BETTER FOOD RIGHT NOW --

                                 (LAUGHTER)

                                 -- I WILL ALWAYS STAND WITH MY HAITIAN SISTERS AND

                                         17



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    BROTHERS AND WE'RE GRATEFUL FOR HONORING THEM AGAIN TODAY.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.

                                 (APPLAUSE)


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1131, MRS.

                    GUNTHER.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM MAY 6-12, 2018 AS NURSES WEEK IN THE STATE OF

                    NEW YORK.

                                 ACTING SPEAKER AUBRY:  MRS. GUNTHER ON THE

                    RESOLUTION.

                                 MRS. GUNTHER:  THANK YOU, MR. SPEAKER.  AS A

                    REGISTERED NURSE, IT IS MY HONOR AND PRIVILEGE TO OFFER THIS RESOLUTION

                    PROCLAIMING MAY 6TH-12TH AS NURSES WEEK IN THE STATE OF NEW YORK.

                    NURSES ARE THE BACKBONE OF OUR HEALTH CARE SYSTEM.  I CAN TELL YOU THAT

                    FROM MY OWN EXPERIENCE, WE ARE THE BACKBONE.  AND AS OUR

                    POPULATION AGES, THE NEEDS FOR NURSES WILL CONTINUE.  THIS BODY HAS

                    SHOWN INCREDIBLE SUPPORT FOR ALL OF OUR NURSES, FROM ENDING MANDATORY

                    OVERTIME TO PASSING SAFE PATIENT HANDLING.  LEGISLATION CRITICAL TO

                    IMPROVING THE QUALITY OF CARE PATIENTS RECEIVE, PROTECTING NURSES FROM

                    AVOID -- AVOIDABLE INJURIES, AND REDUCING WORKMANS' COMPENSATION

                    COSTS FOR HEALTH CARE FACILITIES.

                                 AND, AGAIN, AND REALLY MORE MOST IMPORTANT, WE

                    DECREASE ADMIT -- READMISSIONS, WE INCREASE OUR PATIENT OUTCOMES, AND

                                         18



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    WE DECREASE COSTS.  THIS WEEK, WE ARE MAKING ANOTHER PUSH FOR THE

                    PASSAGE OF SAFE STAFFING FOR QUALITY CARE ACT.  THEY'VE DONE IT IN

                    CALIFORNIA, THEY'VE DONE IT IN AUSTRALIA, AND THEY'VE DONE IT WITH GREAT,

                    GREAT OUTCOMES.  THEY ACTUALLY, IN CALIFORNIA, HAD A 3 PERCENT INCREASE

                    IN PROFITS.  AS NURSES WEEK BEGINS, WE SHOULD ALL TAKE A MOMENT TO

                    REMEMBER AND THANK THE NURSES WHO HAVE TOUCHED OUR LIVES AND CARED

                    FOR US, OUR FRIENDS AND OUR FAMILIES.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ON --

                                 MS. MELISSA MILLER.

                                 MS. MILLER:  NEVER TO DIMINISH THE PHYSICIANS, BUT,

                    NOT AS A NURSE MYSELF, BUT AS A FAMILY MEMBER WHO HAS RELIED ON

                    NURSES FOR HER CHILDREN'S LIVES AND FAMILY MEMBERS' LIVES, I WANT TO

                    TAKE A MOMENT TO SAY HOW APPRECIATIVE I AM, AND HOW APPRECIATIVE WE

                    SHOULD ALL BE, OF THE NURSES IS IN THIS STATE.  WE ARE THE LUCKIEST PEOPLE,

                    WE HAVE SUPERIOR NURSES IN THIS STATE.  THEY CARE FOR OUR LOVED ONES

                    FROM BEFORE BIRTH UNTIL DEATH, AND EVEN THEREAFTER, IN THE HOME, IN THE

                    HOSPITALS, IN FACILITIES.  THEY ARE MORE THAN THE BACKBONE.  THEY ARE

                    WHO CARES FOR YOU WHEN YOU'RE IN THE HOME, WHEN YOU'RE IN THE

                    HOSPITAL, WHEN YOU'RE IN THE UNIT.  THE SAFE STAFFING IS IMPERATIVE.

                    EXPERIENCE ALONE IS NOT ENOUGH.  YOU NEED TO MAKE SURE THAT YOU HAVE

                    THIS -- A SAFE NUMBER OF NURSES COVERING A UNIT.

                                 I CAN TELL YOU FIRSTHAND, OLIVER, WHO YOU'VE ALL MET, HE

                    WOULDN'T BE ABLE TO GO TO SCHOOL IF IT WEREN'T FOR A NURSE TO GO WITH

                    HIM.  HE WOULD NOT BE ABLE TO JUST GO TO SCHOOL IF HE DIDN'T HAVE A

                                         19



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    NURSE.  HE ONLY GETS TO GO TO SCHOOL THREE DAYS A WEEK RIGHT NOW

                    BECAUSE HE ONLY HAS A NURSE THREE DAYS A WEEK.  SO, I CAN'T TELL YOU

                    HOW IMPORTANT NURSES ARE.  SO PLEASE, TAKE A MOMENT, WHEN YOU SEE A

                    NURSE, THERE ARE A BUNCH OF THEM OUT THERE, SAY THANK YOU, THANK YOU TO

                    THESE NURSES.  THEY ARE THE BACKBONE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1132, MS.

                    MALLIOTAKIS.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

                    M. CUOMO TO PROCLAIM MAY 6-12, 2018 AS HURRICANE PREPAREDNESS

                    WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.

                                 MR. MORELLE.

                                 SHH.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  AS I

                    INDICATED EARLIER, I'D LIKE TO CONTINUE CONSENTING BILLS ON THE CALENDAR,

                    STARTING WITH PAGE 82, WHERE WE LEFT OFF LAST WEEK, WITH CALENDAR NO.

                    798 BY MR. DINOWITZ.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08511, CALENDAR NO.

                    798, DINOWITZ, ENGLEBRIGHT, L. ROSENTHAL, COLTON, TAYLOR, MOSLEY

                                         20



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    ARROYO, GLICK, COOK, PICHARDO, BARRON, D'URSO, SEAWRIGHT, SIMON,

                    RIVERA, AUBRY.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO A

                    PROHIBITION ON DIVERSION OF FUNDS DEDICATED TO PUBLIC TRANSPORTATION

                    SYSTEMS.

                                 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. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  LADIES

                    AND GENTLEMEN, THIS IS OUR FIRST VOTE OF THE AFTERNOON, SO PLEASE CAST

                    YOUR VOTES.  THOSE MEMBERS WHO ARE STILL NEAR THE CHAMBER OR OVER IN

                    THEIR OFFICE, THEY SHOULD MAKE THEIR WAY OVER QUICKLY SO THEY CAN CAST

                    THEIR FIRST VOTE OF THE DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    MEMBERS.

                                 MR. DINOWITZ TO EXPLAIN HIS VOTE.

                                 MR. DINOWITZ:  THANK YOU, MR. SPEAKER.  I

                    APPRECIATE SEEING ALL THOSE GREEN LIGHTS UP THERE.  I THINK AS EVERYBODY

                    KNOWS, FOR MANY YEARS, BUT ESPECIALLY IN THE PAST YEAR, THE NEW YORK

                    CITY TRANSIT SYSTEM HAS FACED A SEVERE CRISIS, AND TRANSIT SYSTEMS

                    AROUND THE STATE HAVE HAD MAJOR ISSUES, AS WELL.  AND ONE OF THE THINGS

                    THAT MANY OF US HAVE POINTED OUT IS THE REPEATED DIVERSION OF MONEY

                    AWAY FROM OUR TRANSIT SYSTEM.  AND WE WANT TO MAKE SURE THAT WHEN

                                         21



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    WE ALLOCATE MONEY FOR MASS TRANSIT, IN MY CASE, ESPECIALLY FOR THE

                    MTA, THAT THE MONEY IS SPENT THE WAY WE INTENDED TO SPEND -- SPEND

                    IT, AND THAT IT'S SPENT.  AND GIVEN THE SITUATION WITH THE NEW YORK CITY

                    SUBWAYS, AND ALSO OUR BUSES, IT'S URGENT THAT THIS BILL PASS.  AND I'M

                    PLEASED -- I BELIEVE IT'S ALREADY PASSED THE OTHER HOUSE, AND I LOOK

                    FORWARD TO SEEING THE GOVERNOR'S SIGNATURE ON IT.  SO I VOTE YES.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08683-A, CALENDAR

                    NO. 799, GOTTFRIED, GALEF.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO THE WRITTEN SUMMARY RELATING TO PROSTATE CANCER; AND TO

                    AMEND THE INSURANCE LAW, IN RELATION TO COVERAGE OF DIAGNOSTIC

                    SCREENING FOR PROSTATE CANCER.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08724, CALENDAR NO.

                    800, JEAN-PIERRE, DICKENS, SIMOTAS, MOSLEY, MURRAY, BRABENEC,

                    TITONE, THIELE, B. MILLER, PELLEGRINO, WEPRIN.  AN ACT TO AMEND

                    CHAPTER 122 OF THE LAWS OF 2015 RELATING TO TAX ASSESSMENTS FOR

                    CERTAIN IMPROVED PROPERTIES AFFECTED BY SUPERSTORM SANDY, IN RELATION

                    TO EXTENDING THE DEADLINE FOR TAX EXEMPTION APPLICATIONS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         22



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08844, CALENDAR NO.

                    801, BUCHWALD, ORTIZ.  AN ACT TO AMEND THE GENERAL MUNICIPAL LAW,

                    IN RELATION TO INSURANCE RESERVE FUNDS FOR THE BEDFORD CENTRAL SCHOOL

                    DISTRICT.

                                 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08920, CALENDAR NO.

                    802, GALEF.  AN ACT DIRECTING THE COMMISSIONER OF TAXATION AND

                    FINANCE TO SUBMIT A REPORT RELATING TO PUBLIC UTILITY MASS REAL PROPERTY;

                    AND TO REPEAL CHAPTER 501 OF THE LAWS OF 2017, AMENDING THE REAL

                    PROPERTY TAX LAW RELATING TO ESTABLISHING AN ENERGY-RELATED PUBLIC

                    UTILITY MASS REAL PROPERTY CENTRAL ASSESSMENT PILOT PROGRAM.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MRS.

                                         23



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    GALEF, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08937, CALENDAR NO.

                    803, THIELE.  AN ACT TO REPEAL ARTICLE 23 OF THE ECONOMIC

                    DEVELOPMENT LAW, IN RELATION TO THE ESTABLISHMENT OF A NEW YORK

                    SEAFOOD MARKETING TASK FORCE AND RELATING TO STATE AGENCIES HAVING

                    SEAFOOD MARKETING ROUNDTABLE MEETINGS WITH RELEVANT STAKEHOLDERS;

                    AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    THIELE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08952, CALENDAR NO.

                    804, MORELLE, HOOPER, WEPRIN.  AN ACT TO AMEND THE EDUCATION LAW,

                    IN RELATION TO THE EDUCATIONAL PREPARATION FOR PRACTICE OF PROFESSIONAL

                    NURSING; AND TO AMEND CHAPTER 502 OF THE LAWS OF 2017, AMENDING THE

                    EDUCATION LAW RELATING TO THE EDUCATIONAL PREPARATION FOR PRACTICE OF

                    PROFESSIONAL NURSING AND CREATING A TEMPORARY NURSING PROGRAM, IN

                    RELATION TO THE NURSING PROGRAM EVALUATION COMMISSION AND TO THE

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    MORELLE, 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

                                         24



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08959, CALENDAR NO.

                    805, ROZIC, AUBRY, WEPRIN, WALLACE.  AN ACT TO AMEND THE CORRECTION

                    LAW AND A CHAPTER OF THE LAWS OF 2017 AMENDING THE CORRECTION LAW

                    RELATING TO ASSURING REHABILITATION PROGRAMS FOR FEMALE INMATES ARE

                    EQUIVALENT TO PROGRAMS AFFORDED MALE INMATES, AS PROPOSED IN

                    LEGISLATIVE BILLS NUMBERS S. 3498 AND A. 2534, IN RELATION TO MAKING

                    CERTAIN TECHNICAL CORRECTIONS THERETO.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    ROZIC, 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.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08961, CALENDAR NO.

                    806, DE LA ROSA, WEPRIN, ABINANTI.  AN ACT TO AMEND THE MENTAL

                    HYGIENE LAW, IN RELATION TO THE PREVENTION OF SUICIDE; AND TO AMEND A

                                         25



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    CHAPTER OF THE LAWS OF 2017, AMENDING THE MENTAL HYGIENE LAW

                    RELATING TO ESTABLISHING THE ADOLESCENT SUICIDE PREVENTION ADVISORY

                    COUNCIL, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 5500-C AND A.

                    7225-B, IN RELATION TO THE EFFECTIVENESS THEREOF; AND REPEALING SECTION

                    41.56 OF THE MENTAL HYGIENE LAW RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    DE LA ROSA, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09004, CALENDAR NO.

                    807, GOTTFRIED.  AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION

                    TO NOTICE OF DETERMINATION OF ELIGIBILITY FOR MEDICAL ASSISTANCE; AND TO

                    REPEAL SECTION 1 OF A CHAPTER OF THE LAWS OF 2017, AMENDING THE

                    SOCIAL SERVICES LAW RELATING TO NOTICE OF DETERMINATION OF ELIGIBILITY

                    FOR MEDICAL ASSISTANCE, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.

                    1241-A AND A. 5175-A, RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09005, CALENDAR NO.

                    808, ENGLEBRIGHT, WEPRIN.  AN ACT TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO MONIES INCLUDED IN THE ENVIRONMENTAL PROTECTION FUND.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                         26



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09579-A, CALENDAR

                    NO. 809, WOERNER.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

                    INCLUDING ROUND LAKE IN THE LIST OF INLAND WATERWAYS ELIGIBLE FOR THE

                    LOCAL WATERFRONT REVITALIZATION PROGRAM.

                                 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09687, CALENDAR NO.

                    810, PRETLOW.  AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING AND

                    BREEDING LAW, IN RELATION TO CERTAIN PAYMENTS TO THE HORSEMEN'S

                    ORGANIZATION.

                                 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.)

                                         27



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09692, CALENDAR NO.

                    811, ROZIC, PAULIN, TITONE, LUPARDO, COLTON, ENGLEBRIGHT, GALEF, L.

                    ROSENTHAL, OTIS, ABINANTI, FAHY, STIRPE, LIFTON, SIMOTAS, WEPRIN.  AN

                    ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO FOOD

                    SERVICE WASTE REDUCTION.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09711, CALENDAR NO.

                    812, SCHIMMINGER, PEOPLES-STOKES.  AN ACT TO AMEND THE LOCAL

                    FINANCE LAW, IN RELATION TO THE SALE OF MUNICIPAL OBLIGATIONS BY THE

                    COUNTY OF ERIE.

                                 ACTING SPEAKER AUBRY:  HOME RULE MESSAGE

                    IS AT THE DESK.  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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09792, CALENDAR NO.

                    813, DIPIETRO.  AN ACT TO AMEND CHAPTER 185 OF THE LAWS OF 2005,

                    AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF WYOMING

                                         28



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATIONS SECURED BY A

                    MORTGAGE ON REAL PROPERTY, IN RELATION TO THE EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  HOME RULE MESSAGE

                    IS AT THE DESK.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09851, CALENDAR NO.

                    814, WOERNER.  AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL LAW,

                    IN RELATION TO A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON

                    CERTAIN PREMISES.

                                 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09869, CALENDAR NO.

                    815, ABINANTI, M. L. MILLER, MCDONALD.  AN ACT TO AMEND PUBLIC

                    HEALTH LAW, IN RELATION TO ADDING AUTISM TO THE LIST OF CONDITIONS

                    COVERED FOR LAWFUL MEDICAL USE OF MARIHUANA.

                                 ACTING SPEAKER AUBRY:  THE BILL LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09922, CALENDAR NO.

                    816, BUCHWALD, SANTABARBARA, D'URSO, ZEBROWSKI, PAULIN, NIOU,

                    MCDONALD, VANEL, WRIGHT, GALEF, SEAWRIGHT, BLAKE, MONTESANO,

                    CROUCH, SIMON, RIVERA, GOTTFRIED, SKOUFIS, LAWRENCE, CAHILL, DAVILA,

                                         29



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    GLICK, PELLEGRINO.  AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO

                    PUBLISHING LOCAL CAMPAIGN CONTRIBUTION LIMITS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT DECEMBER

                    15TH.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09964, CALENDAR NO.

                    817, ENGLEBRIGHT, PEOPLES-STOKES, SEAWRIGHT, JAFFEE, RIVERA, SIMON,

                    D'URSO, STECK, THIELE, SANTABARBARA, TITONE, LAVINE, GLICK, GALEF,

                    ZEBROWSKI, GOTTFRIED, PICHARDO, LIFTON, MOSLEY, CAHILL, WILLIAMS,

                    OTIS, COLTON, L. ROSENTHAL, ABINANTI, PELLEGRINO, HYNDMAN, WEPRIN,

                    FAHY, CARROLL.  AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW,

                    IN RELATION TO PROHIBITING THE SALE OF CHILD PRODUCTS CONTAINING

                    ORGANOHALOGEN FLAME RETARDANT.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09981, CALENDAR NO.

                    818, WALLACE, PHEFFER AMATO, MOSLEY.  AN ACT TO AMEND THE EXECUTIVE

                    LAW, IN RELATION TO THE DUTIES OF THE DIVISION OF VETERANS' AFFAIRS

                    CONCERNING INFORMATION ABOUT VETERANS RECEIVED FROM NURSING HOMES

                    AND RESIDENTIAL HEALTH CARE FACILITIES, INCLUDING ASSISTED LIVING

                                         30



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    FACILITIES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10012-A, CALENDAR

                    NO. 819, MORELLE, KOLB, DICKENS, TAYLOR, GOTTFRIED, MAGEE,

                    MONTESANO, DAVILA, OAKS, PALMESANO.  AN ACT TO AMEND ALCOHOLIC

                    BEVERAGE CONTROL LAW, IN RELATION TO THE AUTHORIZATION TO HOLD THROUGH

                    A WHOLLY OWNED SUBSIDIARY A BRANCH OFFICE PERMIT AT THE FINGER LAKES

                    WELCOME CENTER; AND AUTHORIZES THE SALE OF CIDER.

                                 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10125, CALENDAR NO.

                    820, O'DONNELL.  AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION

                    TO REQUIRING COMMERCIAL SPACES TO POST BROKER AND PROPERTY

                    MANAGEMENT INFORMATION AFTER ONE MONTH OF A NEW VACANCY.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10192-A, CALENDAR

                    NO. 821, GLICK.  AN ACT TO AMEND THE HUDSON RIVER PARK ACT, IN

                    RELATION TO PERMITTING THE CONSTRUCTION OF AN ART INSTALLATION WITHIN THE

                    BOUNDARIES OF PIER 52.

                                         31



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10201, CALENDAR NO.

                    822, SKOUFIS, WEPRIN.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION

                    TO ESTABLISHING AND MAINTAINING AN EMERGENCY EVACUATION PLAN FOR

                    INDIVIDUALS WITH DISABILITIES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10345-A, CALENDAR

                    NO. 823, GOTTFRIED, D'URSO, SKOUFIS, STECK, STIRPE, MCDONALD,

                    MCDONOUGH, LIFTON.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO AUTHORIZING NURSE PRACTITIONERS TO WITNESS A HEALTH CARE

                    PROXY, ACT AS A HEALTH CARE AGENT AND DETERMINE COMPETENCY OF THE

                    PRINCIPAL OF SUCH A PROXY.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10347, CALENDAR NO.

                    824, MAGNARELLI, JAFFEE, OTIS, ZEBROWSKI.  AN ACT TO AMEND PART X OF

                    CHAPTER 62 OF THE LAWS OF 2003 AMENDING THE GENERAL BUSINESS LAW

                    AND OTHER LAWS GENERALLY RELATING TO IMPLEMENTING THE STATE FISCAL PLAN

                    FOR THE 2003-2004 STATE FISCAL YEAR, IN RELATION TO EXTENDING CERTAIN

                                         32



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    PROVISIONS OF THE GENERAL MUNICIPAL LAW AND THE LOCAL FINANCE LAW

                    RELATING TO ELECTRONIC BIDDING.

                                 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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I'D LIKE

                    TO TAKE UP THE FOLLOWING THREE BILLS IN THIS ORDER, IF I MIGHT:  CALENDAR

                    NO. 759 ON PAGE 79 BY MS. PAULIN; CALENDAR NO. 765 ON PAGE 80 BY

                    MR. BUTLER; AND CONCLUDE THIS GROUPING WITH CALENDAR NO. 813 ON

                    PAGE 85 BY MR. DIPIETRO.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09534, CALENDAR NO.

                    759, PAULIN, BUCHWALD.  AN ACT TO AMEND THE TAX LAW, IN RELATION TO

                    AUTHORIZING THE CITY OF WHITE PLAINS TO IMPOSE AN OCCUPANCY TAX.

                                 ACTING SPEAKER AUBRY:  HOME RULE MESSAGE

                    IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                         33



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING A BRIEF INTERRUPTION SO I MIGHT INTRODUCE A DISTINGUISHED GUEST

                    FROM THE CITY OF ROCHESTER, NO STRANGER TO THESE CHAMBERS.  I KNOW

                    THAT BOTH I AND MR. BRONSON ARE DELIGHTED TO HOLD THE MAYOR OF THE

                    CITY OF ROCHESTER, OUR GREAT FRIEND, THE HONORABLE LOVELY WARREN,

                    WHO'S REALLY ENERGIZED OUR CITY AND IS DOING JUST A TERRIFIC JOB, AN

                    AMAZING JOB LEADING OUR COMMUNITY.  I'M DELIGHTED SHE'S IN THE

                    CHAMBERS TO OBSERVE THE PROCEEDINGS.  IF YOU'D PLEASE EXTEND ON

                    BEHALF OF MR. BRONSON, MYSELF, THE SPEAKER AND ALL THE MEMBERS, THE

                    CORDIALITIES OF THE HOUSE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MR. MORELLE, MR. BRONSON, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME YOU HERE, MAYOR, TO THE NEW YORK STATE ASSEMBLY, TO THE

                    PEOPLE'S HOUSE.  WE HOPE THAT YOUR TRIP HERE IS GOING TO BE BENEFICIAL

                    FOR THAT GREAT CITY, AND THAT YOU WILL ALWAYS COME AND VISIT US.  AND

                    WE'RE ALWAYS SO PLEASED TO HAVE YOU WITH US.  THANK YOU SO VERY

                    MUCH.

                                 (APPLAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09791, CALENDAR NO.

                                         34



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    765, BUTLER, B. MILLER, BRINDISI.  AN ACT TO AMEND CHAPTER 549 OF THE

                    LAWS OF 2005 AMENDING THE TAX LAW RELATING TO AUTHORIZING THE

                    COUNTY OF HERKIMER TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATION

                    SECURED BY A MORTGAGE ON REAL PROPERTY, IN RELATION TO THE EXPIRATION

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  HOME RULE MESSAGE

                    IS AT THE DESK.  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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09792, CALENDAR NO.

                    813, DIPIETRO.  AN ACT TO AMEND CHAPTER 185 OF THE LAWS OF 2005,

                    AMENDING THE TAX LAW RELATING TO AUTHORIZING THE COUNTY OF WYOMING

                    TO IMPOSE A COUNTY RECORDING TAX ON OBLIGATIONS SECURED BY A

                    MORTGAGE ON REAL PROPERTY, IN RELATION TO THE EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  HOME RULE MESSAGE

                    IS AT THE DESK.  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.)

                                         35



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  IF WE COULD TAKE UP NOW CALENDAR NO. 265, WHICH IS ON 35 --

                    PAGE 35 OF THE MAIN CALENDAR BY MR. GOTTFRIED.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03358, CALENDAR NO.

                    265, GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON, MORELLE, L.

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

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

                    JENNE, STECK, BICHOTTE, HUNTER, CARROLL, D'URSO, JEAN-PIERRE, DE LA

                    ROSA, WALKER, PELLEGRINO, SKOUFIS, DICKENS.  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.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. GOTTFRIED, BUT WE'LL REMIND THE HOUSE THAT WE ARE NOW

                    ON DEBATE.  WE'D LIKE MEMBERS TO TAKE THEIR SEATS, STAFF TO CLEAR THE

                    AISLES.  SHH.  A LITTLE QUIET, PLEASE.

                                 PROCEED, MR. GOTTFRIED.

                                         36



                    NYS ASSEMBLY                                                             MAY 7, 2018

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

                    KNOW, MANY YEARS AGO, NEW YORK ENACTED A BILL OF MINE TO ALLOW THE

                    SALE OF OVER-THE-COUNTER READING GLASSES.  WHEN WE PASSED THAT BILL, WE

                    WERE THE LAST STATE IN THE UNION TO LEGALIZE THE OVER-THE-COUNTER SALE OF

                    READING GLASSES; MARYLAND GOT IN JUST BEHIND -- BEFORE US.  NOW, WITH

                    THIS BILL, TO ADD GENDER IDENTITY AND EXPRESSION TO THE NEW YORK

                    HUMAN RIGHTS LAW, WE'RE NOT IN DANGER YET OF BEING THE LAST STATE IN

                    THE COUNTRY TO ENACT SUCH LEGISLATION, BUT WE WILL BE BEHIND IOWA AND

                    UTAH, BOTH OF WHICH, I THINK SINCE OUR LAST DISCUSSION OF THIS TOPIC,

                    HAVE ENACTED SUCH CIVIL RIGHTS LEGISLATION.

                                 THIS IS A BILL WE HAVE PASSED IN THIS HOUSE QUITE A

                    FEW TIMES BEFORE.  IT WOULD ADD GENDER IDENTITY OR EXPRESSION TO THE --

                    TO THE HUMAN RIGHTS LAW, ALONG WITH RACE AND SEX AND AGE AND A

                    VARIETY OF OTHER CRITERIA, SEXUAL ORIENTATION, ET CETERA.  IT WOULD ALSO

                    ADD PROTECTION OF TRANSGENDER NEW YORKERS TO THE HATE CRIMES LAW,

                    ALSO ALONG WITH RACE, SEX, AGE, SEXUAL ORIENTATION, ET CETERA.  NOW, IN

                    NEW YORK IN 2016, GOVERNOR CUOMO, VERY ADMIRABLY AND I THINK

                    CORRECTLY, HAD THE STATE DIVISION OF HUMAN RIGHTS ADOPT REGULATIONS

                    SAYING THAT THE PROHIBITION ON DISCRIMINATION BASED ON SEX SHOULD ALSO

                    BE DEEMED TO INCLUDE DISCRIMINATION BASED ON GENDER IDENTITY AND

                    EXPRESSION, AND I'M GLAD THE DIVISION OF HUMAN RIGHTS DID THAT.

                                 IT -- THE BILL, THOUGH, IS STILL NEEDED, PARTLY BECAUSE

                    WHAT GOT ADDED BY REGULATION COULD BE REMOVED BY REGULATION, NUMBER

                    ONE.  AND NUMBER TWO -- WELL, THREE THINGS:  TWO, I BELIEVE THE

                    TRANSGENDER COMMUNITY IS ENTITLED TO THE RECOGNITION AND RESPECT THAT

                                         37



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    WOULD COME FROM BEING IN OUR STATUTE AND NOT JUST IN A REGULATION.

                    AND, NUMBER THREE, SUBSTANTIVELY, THIS BILL WOULD AMEND THE HATE

                    CRIMES LAW TO INCLUDE TARGETING ON THE BASIS OF GENDER IDENTITY OR

                    EXPRESSION, AND THAT CANNOT BE DONE BY REGULATION.

                                 YOU KNOW, I TALKED ABOUT THE STATES OF IOWA AND UTAH,

                    I COULD HAVE MENTIONED 22 OTHER STATES, PLUS -- INCLUDING THE DISTRICT

                    OF COLUMBIA AND THE COMMONWEALTH OF PUERTO RICO.  HERE IN NEW

                    YORK STATE, THE SUBSTANCE OF THIS LEGISLATION HAS LONG BEEN ENACTED BY

                    LOCAL LAW IN AN ALBANY, BINGHAMTON, BUFFALO, ITHACA, NEW YORK CITY,

                    ROCHESTER, SUFFOLK COUNTY, SYRACUSE, TOMPKINS COUNTY AND

                    WESTCHESTER COUNTY.  SO, WELL MORE THAN HALF THE POPULATION OF NEW

                    YORK HAS, FOR QUITE SOME TIME, LIVED IN JURISDICTIONS THAT HAVE THIS LAW

                    ON THE BOOKS.  AND ALL 20 MILLION OF US, EVERY PUBLIC ACCOMMODATION

                    WE USE HAS BEEN COVERED BY THIS CONCEPT AT LEAST THROUGH REGULATION

                    SINCE EARLY 2016.

                                 YOU KNOW, THE TRANSGENDER COMMUNITY IS ONE OF THE

                    FEW POPULATIONS THAT AT LEAST BY STATUTE IS NOT PROTECTED FROM

                    DISCRIMINATION IN USE OF PUBLIC ACCOMMODATIONS, IN EMPLOYMENT AND A

                    HOST OF OTHER THINGS, AND ALSO DOES NOT HAVE THE PROTECTION OF OUR HATE

                    CRIMES LAW.  IT IS LONG, LONG OVERDUE FOR NEW YORK TO JOIN SO MUCH OF

                    OUR OWN COMMUNITIES AND SO MUCH -- SO MANY OF THE CITIES AND STATES

                    ACROSS THE COUNTRY, MOST -- MANY OF WHOM WE DO NOT EVER IMAGINE TO

                    BE ANYWHERE NEAR AS PROGRESSIVE AS NEW YORK, AND JOIN THEM IN

                    ENACTING THIS LEGISLATION.

                                 ACTING SPEAKER AUBRY:  MR. MURRAY.

                                         38



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 MR. MURRAY:  THANK YOU, MR. SPEAKER, WOULD THE

                    SPONSOR YIELD?

                                 MR. GOTTFRIED:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED YIELDS,

                    MR. MURRAY.

                                 MR. MURRAY:  THANK YOU, MR. GOTTFRIED.  WE --

                    WE'VE HAD THIS DEBATE SEVERAL YEARS NOW AND WE COULD, RATHER THAN

                    SKIPPING GETTING INTO THE WEEDS AND THE DETAILS AND THINGS LIKE THIS, I

                    DO HAVE A QUESTION IN REGARDS TO A MORE SPECIFIC ISSUE, AND THAT IS THERE

                    ARE SOME BUSINESSES, AND I'LL BRING ONE UP ONE IN PARTICULAR, THAT DO

                    SPECIFICALLY FOCUS ON GENDER, AND -- AND ONE IN PARTICULAR I BRING UP IS

                    THE CURVES FITNESS CENTERS, WHICH ARE FITNESS CENTERS SPECIFICALLY FOR

                    FEMALES, FOR WOMEN.  HOW WOULD WE HANDLE -- OR HOW WOULD THEY

                    HANDLE THIS WHEN RIGHT NOW THEY ONLY ALLOW -- IN FACT, WE MADE SOME

                    PHONE CALLS TO SOME OF THE GENDERS -- SOME OF THE CURVES LOCATIONS AND

                    ASKED IF THEY ALLOWED MEN IN, THEY SAID ABSOLUTELY NOT.  HOW WOULD

                    THEY BE AFFECTED BY THIS BILL?  WOULD THEY HAVE TO NOW OPEN THEIR

                    DOORS, AND WOULD THEY HAVE TO ACCOMMODATE THEIR FACILITIES,

                    CONSIDERING THEY ONLY HAVE LOCKER ROOMS AND RESTROOMS AND FACILITIES

                    FOR FEMALES, WOULD THIS OPEN THIS UP AND CHANGE THEIR WHOLE BUSINESS

                    PLAN?

                                 MR. GOTTFRIED:  WELL, I DON'T KNOW WHETHER THIS

                    PARTICULAR ESTABLISHMENT HAS BRANCHES IN ALBANY, BINGHAMTON,

                    BUFFALO, ITHACA, NEW YORK CITY, ROCHESTER, SUFFOLK COUNTY, SYRACUSE,

                    TOMPKINS COUNTY OR WESTCHESTER COUNTY; I IMAGINE THEY PROBABLY DO,

                                         39



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    YOU CAN CORRECT ME IF I'M WRONG.  IF SO, THEY -- AND THERE ARE OTHER

                    ESTABLISHMENTS THAT CATER SPECIFICALLY TO WOMEN AND HAVE LOCKER ROOMS

                    THAT ARE IN THESE JURISDICTIONS, THEY WOULD CONTINUE TO DO WHAT THEY DO

                    TODAY, WHICH IS NOT DISCRIMINATE ON THE BASIS OF GENDER IDENTITY OR

                    EXPRESSION.  AND I DON'T KNOW ABOUT YOU, I'VE NEVER HAD A COMPLAINT

                    FROM THEM OR ANY OTHER ORGANIZATION THAT IS -- THAT IS GENDER SPECIFIC IN

                    ITS MEMBERSHIP OR FACILITIES EXPRESSING CONCERN ABOUT THIS BILL.  I DON'T

                    KNOW IF THEY'VE OBJECTED TO THIS BILL TO YOU - I'D BE INTERESTED IN

                    KNOWING THAT - BUT THEY HAVE CERTAINLY NEVER COMMUNICATED WITH ME

                    OR ANYONE ELSE, THAT I KNOW OF, ON THIS TOPIC.

                                 MR. MURRAY:  THANK YOU.  I JUST WANTED TO BE

                    CLEAR AS TO WHETHER OR NOT, IF THEY ARE SPECIFIC.  SO ARE THEY -- IF THEY

                    ARE SAYING RIGHT NOW THAT ONLY FEMALES ARE ALLOWED, IF A -- A PERSON THAT

                    IS PERCEIVED TO BE MALE, BUT IDENTIFIES AS FEMALE, TRIES TO JOIN THE GYM

                    AND -- AND DO THIS, ARE THEY PROHIBITED RIGHT NOW, OR WOULD THEY BE

                    UNDER THIS BILL?  WOULD THEY HAVE TO ALLOW THEM IN?

                                 MR. GOTTFRIED:  UNDER NEW YORK -- AND, BY THE

                    WAY, I SHOULD, YOU KNOW, IN ADDITION TO RATTLING OFF THE CITIES AND

                    COUNTIES, I SHOULD SAY IF THEY HAVE ANY OUTPOSTS ANYWHERE IN THE 62

                    COUNTIES OF NEW YORK, BY REGULATION THEY ARE NOW SUBJECT TO WHAT THIS

                    BILL WOULD REQUIRE.  AND I DON'T KNOW WHAT "PERCEIVED" MEANS IN THIS

                    CONTEXT, BUT A PERSON WHO BY GENDER IDENTITY OR EXPRESSION IDENTIFIES

                    AS FEMALE, THIS ESTABLISHMENT WOULD BE VIOLATING THE STATE HUMAN

                    RIGHTS LAW TODAY IF THEY TURN THEM AWAY --

                                 MR. MURRAY:  OKAY.  THANK YOU, MR. GOTTFRIED --

                                         40



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 MR. GOTTFRIED:  -- ON THAT BASIS.

                                 MR. MURRAY:  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. GOTTFRIED:  JUST ONE MORE THING --

                                 MR. MURRAY:  SURE.

                                 ACTING SPEAKER PICHARDO:  OKAY.

                                 MR. GOTTFRIED:  ESSENTIALLY, IF THIS COMPANY HAS

                    ANY OUTPOSTS IN NEW YORK, THEY ARE PRESUMABLY OBEYING THE LAW

                    TODAY.  IF SO, ENACTMENT OF THIS BILL WILL NOT AFFECT THEIR OPERATIONS AT

                    ALL.

                                 MR. MURRAY:  THANK YOU, MR. GOTTFRIED.

                                 SO, THE POINT THAT I WAS TRYING TO MAKE AND, AGAIN,

                    WE'VE HAD THIS -- THIS DEBATE OVER AND OVER, YEAR AFTER YEAR, WE ALL

                    BRING UP THE -- GENERALLY THE SAME POINTS, AND THE REASON WE BRING THIS

                    UP OVER AND OVER AGAIN IS WE DO HAVE LEGITIMATE -- OR WHAT WE FEEL ARE

                    LEGITIMATE CONCERNS ABOUT THIS.  I BRING UP THIS PARTICULAR ISSUE BECAUSE

                    THE -- THE WAY THAT CURVES IDENTIFIES THEMSELVES, THEIR MISSION

                    STATEMENT SAYS, CURVES IS COMMITTED TO PROVIDING WOMEN WITH THE

                    TOOLS NECESSARY TO EMPOWER THEM TO LIVE MORE FULFILLING LIVES.  THEY

                    SAY THAT THEY OFFER A, SAFE, NON-INTIMIDATING COMFORTABLE ENVIRONMENT

                    FOR WOMEN.  I -- I DO FIND THAT INTERESTING BECAUSE I'VE -- I'VE HAD THIS

                    DISCUSSION OVER THE YEARS WITH SEVERAL WOMEN COLLEAGUES AND -- AND

                    MY -- MY WIFE, FAMILY MEMBERS, NEIGHBORS, WOMEN IN GENERAL.  AND --

                    AND WHEN I -- I POSE THIS QUESTION, WOULD YOU FEEL SAFE AND

                                         41



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    NON-INTIMIDATED AND -- AND FEEL THAT IT'S A COMFORTABLE ENVIRONMENT, IN

                    A LOCKER ROOM, TO UNDRESS AND GET IN THE SHOWER NEXT TO SOMEONE --

                    AND BY THE WAY, I USE THE WORD "PERCEIVED" BECAUSE IF I SEE SOMEONE

                    WITH A BEARD AND -- AND IT LOOKS LIKE A MALE AND HAS THE -- THE MALE

                    GENITALIA, THEN, YES, I WILL PERCEIVE THEM AS MALE.  THEY MIGHT THINK, OR

                    THEY MIGHT FEEL AS THOUGH THEY ARE FEMALE, THEY MIGHT PERCEIVE

                    THEMSELVES TO BE FEMALE, THEY MIGHT IDENTIFY AS FEMALE, BUT I ASSURE

                    YOU, EVERYONE ELSE IN THE ROOM IS IDENTIFYING THEM AS MALE.  AND THAT

                    IS THE CONCERN.  I DON'T KNOW HOW COMFORTABLE -- I'VE YET TO FIND

                    ANYONE THAT SAYS, YES, I'D BE ABSOLUTELY FINE WITH THAT, I'D BE FINE WITH

                    MY 14-YEAR-OLD DAUGHTER UNDRESSING IN A LOCKER ROOM TO GET INTO THE

                    SHOWER NEXT TO A 30-YEAR-OLD PERSON THAT IS A MALE, BUT IDENTIFIES AS

                    FEMALE.

                                 SO WE'VE ALSO HAD THE ARGUMENT OF, WOULD THIS CAUSE

                    PROBLEMS, WOULD THIS BE AN ISSUE WITH MAYBE PEOPLE ABUSING THIS?

                    WOULD THERE BE ISSUES OF -- OF PEOPLE BEING PUT IN DANGER?  WELL, I

                    TURN TO A -- A RAPE VICTIM BY THE NAME OF KAELEY TRILLER HAVER.  NOW,

                    SHE ACTUALLY -- HER PARENTS WORKED AT A YMCA.  SHE WAS ON THE SWIM

                    TEAM, SHE WOULD BE IN THE LOCKER ROOM AND ONE OF HER COACHES ACTUALLY

                    SEXUALLY ABUSED HER AND RAPED HER.  AND SHE'S BEEN VERY OUTSPOKEN

                    AGAINST THIS BILL.  AND -- AND ONE OF THE REASONS, SHE SAYS SHE URGED

                    PEOPLE TO LOOK INTO PAST PROOF OF MEN WHO CROSS-DRESSED AND -- AND DID

                    OTHER THINGS TO GAIN ACCESS TO FACILITIES FOR WOMEN TO SEXUALLY ASSAULT

                    THEM.  JASON POMARE, 33, WAS ARRESTED FOR CROSS-DRESSING AND

                    VIDEOTAPING WOMEN IN FLORIDA IN A MALL RESTROOM.  NORWOOD SMITH

                                         42



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    BURNES, 51, DRESSED LIKE A WOMAN, INDECENTLY EXPOSED HIMSELF TO

                    CHILDREN IN A WALMART BATHROOM.  TAYLOR BUEHLER, 18, SNUCK INTO A

                    WOMEN'S BATHROOM AT A COMMUNITY COLLEGE WHILE WEARING A BRA, A WIG,

                    AND LATER ADMITTED TO TAKING AS SHOWER IN THE WOMEN'S LOCKER ROOM.

                    WELL, MS. TRILLER HAVER BASICALLY SAYS SHE BELIEVES THAT ALLOWING

                    PEOPLE TO USE BATHROOMS THAT DON'T MATCH THEIR ANATOMY COULD LEAD TO

                    MORE INCIDENTS OF PEOPLE BEING SEXUALLY ASSAULTED.

                                 BUT I FOUND THIS QUOTE TO BE VERY, VERY TELLING, BY HER.

                    AND THIS IS HER QUOTE.  SHE SAYS, "IS IT IRONIC TO NO ONE THAT BEING

                    PROGRESSIVE ACTUALLY SETS WOMEN'S LIB BACK ABOUT A CENTURY?  WHAT OF

                    MY RIGHT TO DO MY DARNEDEST TO INSIST THAT THE FIRST TIME MY DAUGHTER

                    SEES THE ADULT MALE FORM IT WILL BECAUSE SHE CHOSE IT, NOT BECAUSE IT'S

                    FORCED UPON HER."  YOU SEE, AGAIN, I THINK WHAT WE SEEM TO -- I DON'T

                    KNOW IF WE FORGET ABOUT THIS, OR WE JUST CONSCIOUSLY CHOOSE TO IGNORE

                    IT, BUT WE'RE TALKING ABOUT 1 PERCENT OF 1 PERCENT OF THE POPULATION.

                    AND, YES, I'M NOT SAYING IT'S EASY FOR -- FOR THEM, BUT AT THE SAME TOKEN,

                    IT'S NOT SOMETHING -- WE'RE OPENING UP ACCESS TO -- TO BATHROOMS, TO

                    LOCKER ROOMS WHERE YOU'RE GETTING UNDRESSED IN FRONT OF OTHERS.  IT IS

                    NOT JUST ABOUT YOU.  IT'S ABOUT EVERYONE ELSE IN THAT LOCKER ROOM, AS

                    WELL.  AND WHEN YOU'RE STANDING NEXT TO A 14-YEAR-OLD GIRL AND YOU'RE A

                    30-YEAR-OLD MALE GETTING UNDRESSED AND GETTING INTO THE SHOWER, OR

                    VICE VERSA, DO YOU THINK THAT'S COMFORTABLE FOR HER?  CAN YOU HONESTLY

                    SAY THAT YOU ARE COMFORTABLE WITH THAT IF THAT'S YOUR DAUGHTER OR YOUR

                    WIFE OR YOUR MOTHER OR YOUR SISTER?

                                 I GET BACK TO SOME OF THE -- THE ISSUES, THE PROBLEMS,

                                         43



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    THAT HAVE -- THAT HAVE TAKEN PLACE OVER THE YEARS.  SEX OFFENDER NAMED

                    RICHARD RENDLER WAS ARRESTED FOR WEARING FAKE BREASTS AND A WIG WHILE

                    LOITERING IN A WOMEN'S RESTROOM IN CAMPBELL, CALIFORNIA SHOPPING

                    CENTER.  HE PREVIOUSLY HAD BEEN ARRESTED ON CHARGES OF CHILD

                    MOLESTATION AND INDECENT EXPOSURE.  2010, BERKELEY POLICE ARRESTED

                    GREGORIO HERNANDEZ, WHO HAD DISGUISED HIMSELF AS A WOMAN ON TWO

                    SEPARATE OCCASIONS TO GET INSIDE A UC BERKELEY LOCKER ROOM.  AND

                    ONCE IN THAT LOCKER ROOM, HE USED HIS CELL PHONE TO PHOTOGRAPH AND

                    VIDEOTAPE WOMEN.  AND I COULD GO ON -- I'LL JUST READ THE HEADLINES

                    HERE, "MAN DRESSED AS WOMAN ARRESTED FOR SPYING IN A MALL BATHROOM

                    STALL."  "PALMDALE MAN ARRESTED FOR VIDEOTAPING IN WOMEN'S BATHROOM."

                    "SEXUAL PREDATOR JAILED AFTER CLAIMING TO BE TRANSGENDER TO ASSAULT

                    WOMEN IN SHELTER."  "UNIVERSITY OF TORONTO DUMPS TRANSGENDER

                    BATHROOMS AFTER PEEPING INCIDENTS."  AND IT GOES ON AND ON.

                                 NOW, WE'VE HEARD THE ARGUMENT, OH, WE DIDN'T HEAR

                    THESE ARGUMENTS.  WELL, THEY'RE HERE.  THEY'RE HERE, WE JUST HAVEN'T

                    BEEN PAYING ATTENTION.  AGAIN, MAYBE WE'RE WILLFULLY IGNORING IT, BUT

                    THEY ARE HERE, THESE EXAMPLES ARE HERE.  AND THERE WILL BE MORE AND

                    MORE.  NOW, LAST YEAR DURING A DEBATE, ONE OF MY COLLEAGUES GOT UP

                    AND QUESTIONED, IN PARTICULAR, THIS -- THIS ONE, THIS WAS THE FIRST ONE.

                    RICHARD RENDLER, WHO WAS ARRESTED, AND HE SAID, WELL, WASN'T HE

                    ARRESTED?  DIDN'T THAT SOLVE THE PROBLEM?  THERE'S ONE CAVEAT, YOU

                    KIND OF MADE MY POINT.  YES, HE WAS ARRESTED BECAUSE THAT WAS BEFORE

                    CALIFORNIA PASSED THIS BILL.  THAT'S THE ONLY REASON HE WAS ARRESTED.  IF

                    HE HAD DONE THIS AFTER THEY PASSED THE BILL, HE'D STILL BE DOING IT.  HE

                                         44



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    WOULD NOT HAVE BEEN ARRESTED FOR DOING IT.

                                 SO, AGAIN, I JUST URGE MY COLLEAGUES, TALK TO YOUR

                    CONSTITUENTS, ASK THEM HOW THEY FEEL ABOUT THIS.  ASK THEM THEIR

                    RESPONSE WHEN YOU SAY WOULD YOU BE COMFORTABLE IF YOUR WIFE, YOUR

                    MOTHER, YOUR DAUGHTER WERE IN A LOCKER ROOM WITH SOMEONE THAT YOU

                    KNOW IS A MALE, THAT HAS THE MALE ANATOMY, BUT IDENTIFIES AS A FEMALE,

                    WOULD YOU BE COMFORTABLE?  WOULD YOU THINK YOUR WIFE OR YOUR

                    DAUGHTER WOULD BE IMPACTED IN ANY WAY?  BECAUSE I HEAR -- I HEAR THAT,

                    YES, THEY WOULD BE IMPACTED; NO, THEY WOULD NOT BE COMFORTABLE.  AND

                    I FEAR THAT THIS LIST THAT I'VE READ WHICH, BY THE WAY, GOES ON AND ON AND

                    ON, IT WOULD ONLY GROW BIGGER IF WE DO THIS.  SO, I URGE MY COLLEAGUES,

                    LISTEN TO YOUR CONSTITUENTS.  MANY TIMES WHEN WE'VE TAKEN UP OTHER

                    BILLS YOU'VE SAID, WELL, THE POLLING SAYS.... WELL, TAKE A LOOK AT THE

                    POLLING ON THIS ISSUE.  IT'S OVERWHELMINGLY AGAINST.  THAT'S WHY I'LL BE

                    VOTING NO AND I URGE MY COLLEAGUES TO DO THE SAME.

                                 ACTING SPEAKER PICHARDO:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER PICHARDO:  DO YOU YIELD,

                    MR. GOTTFRIED?

                                 MR. GOTTFRIED:  CERTAINLY.

                                 ACTING SPEAKER PICHARDO:  THE SPONSOR

                    YIELDS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    GOTTFRIED.  YOU MENTIONED THAT ALMOST EVERY MAJOR CITY IN NEW YORK

                                         45



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    ALREADY HAS THIS IN A LOCAL LAW?

                                 MR. GOTTFRIED:  MANY OF THEM, YES.

                                 MR. GOODELL:  AND IS THERE ANYTHING TO PREVENT

                    ANY OF THE REST OF THEM FROM ADOPTING SUCH A LOCAL LAW?

                                 MR. GOTTFRIED:  NO.

                                 MR. GOODELL:  AND WE ALSO, OF COURSE, AS YOU

                    MENTIONED HAVE A --

                                 MR. GOTTFRIED:  OH, WAIT A MINUTE.  EXCUSE ME.

                    NONE -- NONE OF OUR CITIES HAS AUTHORITY TO AMEND THE HATE CRIMES

                    LAW.

                                 MR. GOODELL:  RIGHT.  BUT, OUTSIDE OF THAT, THEY

                    COULD CERTAINLY FOLLOW THE LEAD OF THEIR OTHER COUNTIES AND OTHER CITIES,

                    CERTAINLY, RIGHT?

                                 MR. GOTTFRIED:  YES.

                                 MR. GOODELL:  AND YOU MENTIONED THAT RIGHT NOW

                    WE HAVE REGULATIONS IN PLACE, THEY'VE BEEN IN PLACE I THINK SINCE 2016,

                    HAVEN'T THEY?

                                 MR. GOTTFRIED:  CORRECT.

                                 MR. GOODELL:  AND ALSO, THERE'S FEDERAL

                    REGULATIONS DEALING WITH SEX DISCRIMINATION, AND A NUMBER OF FEDERAL

                    CASES THAT HAVE HELD THAT THOSE REGULATIONS IN THE FEDERAL LAW ALSO

                    APPLIES IN THIS AREA, AREN'T THERE?

                                 MR. GOTTFRIED:  THAT IS CORRECT, ALTHOUGH THE

                    TRUMP ADMINISTRATION IS TRYING TO UNDO A LOT OF THAT, BUT YES, AT THIS

                    POINT, I THINK MOST OF THOSE INTERPRETATIONS STILL STAND.

                                         46



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 MR. GOODELL:  NOW, LOOKING BACK AT THE TITLE IX

                    REGULATIONS, THE FEDERAL TITLE IX REGULATIONS THAT HAVE NOT CHANGED

                    SINCE THE CHANGE IN THE ADMINISTRATION, THEY LIST A NUMBER OF

                    EXCEPTIONS FROM THE ANTI-SEX DISCRIMINATION PROVISIONS.  FOR EXAMPLE,

                    IT DOESN'T APPLY TO EDUCATIONAL INSTITUTIONS THAT ARE SINGLE SEX, RELIGIOUS

                    ORGANIZATIONS, SOCIAL FRATERNITIES OR SORORITIES, BOY OR GIRL CONFERENCES,

                    FATHER-SON, MOTHER-DAUGHTER ACTIVITIES, AND THERE'S A NUMBER OF OTHERS.

                    WOULD THOSE SAME EXCEPTIONS APPLY UNDER THIS BILL?

                                 MR. GOTTFRIED:  I DON'T THINK I COULD -- I DON'T

                    THINK YOU WOULD SAY THAT CATEGORICALLY.  FOR EXAMPLE, A

                    MOTHER-DAUGHTER EVENT, I WOULD CERTAINLY HOPE THAT SOMEONE WHOSE

                    MOTHER IS A TRANSGENDER WOMAN, THAT THAT CHILD WOULD BE ABLE TO BRING

                    HER MOTHER TO SCHOOL WITH HER.  OR, A MOTHER, WHETHER TRANSGENDER OR

                    OTHERWISE, WHOSE CHILD IDENTIFIES AS FEMALE - AND THERE ARE MORE AND

                    MORE CHILDREN OF GRADE SCHOOL AGE WHO ARE -- WHO, IN OUR, FORTUNATELY,

                    MODERN WORLD, ARE BEING WELCOMED TO RECOGNIZE THEIR GENDER IDENTITY -

                    I WOULD HOPE THAT THE MOTHER WOULD BE ABLE TO BRING SUCH A

                    DAUGHTER-IDENTIFIED CHILD TO SUCH AN EVENT.

                                 MR. GOODELL:  AND I -- I APPRECIATE YOUR

                    SENSITIVITY ON THAT ISSUE.  BUT, AM I CORRECT, THAT WITH VERY FEW

                    EXCEPTIONS, THIS BILL -- WELL, ACTUALLY, I'M NOT SURE THAT THIS BILL HAS ANY

                    ENUMERATED EXCEPTIONS; IS THAT CORRECT?

                                 MR. GOTTFRIED:  IN THE FOUR CORNERS OF THE BILL,

                    NO, BUT THERE ARE EXCEPTIONS THAT ARE IN THE HUMAN RIGHTS LAW THAT

                    WOULD BE APPLIED.

                                         47



                    NYS ASSEMBLY                                                             MAY 7, 2018

                                 MR. GOODELL:  NOW, I NOTE THAT THE BILL

                    SPECIFICALLY REFERENCES THAT, WHEN IT COMES TO THIS SUBJECT, THERE SHALL

                    BE "NO INQUIRY OR RECORD MADE OF A PERSON'S SEXUAL IDENTITY OR GENDER

                    EXPRESSION."  I'M REFERENCING, FOR EXAMPLE, ON PAGE 5, LINE 26.  AND

                    THAT'S FAIRLY STANDARD, I THINK, IN A LOT OF OUR ANTI-DISCRIMINATION

                    PROVISIONS.  IF IT'S NOT -- IF YOUR RELIGION'S NOT RELEVANT, YOU SHOULDN'T BE

                    ASKING ABOUT SOMEBODY'S RELIGION.  AND AM I CORRECT ON THAT THIS

                    CONCEPT CARRIES THROUGH AS IT RELATES TO GENDER IDENTITY AND EXPRESSION?

                                 MR. GOTTFRIED:  YOU KNOW, I HAVEN'T LOOKED AT

                    THAT PAGE OF THE BILL IN A WHILE, BUT I'LL TAKE YOU WORD THAT IT -- THAT ON

                    THAT PAGE IT ADDS "GENDER IDENTITY AND EXPRESSION," AND IT MEANS WHAT

                    IT SAYS.

                                 MR. GOODELL:  SO, HOW, THEN, WOULD WE

                    ADMINISTER THE MWBE PROGRAM, FOR EXAMPLE?  IF THIS BILL WERE TO PASS

                    AND YOU HAVE AN INDIVIDUAL THAT'S BORN AND IDENTIFIED AT BIRTH AS A

                    MALE, COULD THEY STILL APPLY FOR MWBE STATUS?

                                 MR. GOTTFRIED:  WELL, CERTAINLY.  AND THEY WOULD

                    BE DOING THAT -- ABLE TO DO THAT TODAY, BECAUSE OF THE REGULATION

                    ADOPTED IN 2016.

                                 MR. GOODELL:  NOW, AS YOU KNOW, THERE'S A

                    NUMBER OF AREAS WHERE WE TREAT MEN AND WOMEN DIFFERENTLY, EVEN

                    THOUGH WE'VE HAD A PROHIBITION AGAINST SEX DISCRIMINATION FOR DECADES.

                    SO, FOR EXAMPLE WE HAVE SEPARATE MEN AND WOMEN SPORTS TEAMS.  WE

                    HAVE SEPARATE SCHOLARSHIPS THAT ARE AVAILABLE JUST FOR WOMEN.  WE

                    CERTAINLY HAVE DIFFERENT HOUSING OPPORTUNITIES FOR JUST WOMEN, OR JUST

                                         48



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    MEN, LIKEWISE, COLLEGES.  IF THIS BILL WERE TO PASS, WOULD IT BE YOUR

                    VIEW THAT AN INDIVIDUAL WHO WAS BORN AS A MALE, BUT IDENTIFIES OR IS

                    PERCEIVED AS BEING FEMALE, COULD APPLY FOR WOMAN-ONLY SCHOLARSHIPS

                    OR PLAY ON A WOMAN-ONLY SPORTS TEAM?

                                 MR. GOTTFRIED:  NOT ONLY COULD THEY, BUT EVERY

                    DAY ALL AROUND THIS COUNTRY, THAT IS EXACTLY WHAT IS HAPPENING.  WE

                    HAVE COLLEGE DORMITORIES NOT ONLY ALL OVER NEW YORK STATE, BUT ALL

                    AROUND THE COUNTRY, WHERE TRANSGENDER WOMEN ARE IN TRANS -- ARE IN

                    WOMEN'S DORMS, AND TRANSGENDER MEN ARE IN MEN'S DORMS.  I MEAN,

                    UNLESS YOU THINK THAT EVERY COLLEGE SHOULD BUILD TWO MORE SETS OF

                    DORMS, OR MAKE TRANSGENDER PEOPLE, YOU KNOW, JUST GET SLEEPING BAGS

                    AND SLEEP ON THE QUAD, WHERE WOULD YOU WANT THEM TO LIVE?  AND THERE

                    ARE -- WE HAVE SPORTS TEAMS AND SPORTING COMPETITIONS IN WHICH

                    TRANSGENDER PEOPLE FREELY PARTICIPATE IN THE -- WITH THE GENDER WITH

                    WHICH THEY IDENTIFY.  YOU KNOW, READ THE PAPERS.  THE MODERN WORLD

                    IS WAY AHEAD OF WHERE THIS BILL IS.

                                 MR. GOODELL:  NOW, WHEN THIS BILL FIRST CAME UP

                    FOR A VOTE IN 2012 AND AGAIN IN 2013, A FORMER COLLEAGUE OF OURS, MR.

                    GRAF, ASKED IF -- IF HE HAD A 14-YEAR-OLD DAUGHTER THAT PLAYED SPORTS

                    AND AFTER THE SPORTING EVENT, SHE WENT INTO THE SCHOOL TO TAKE A SHOWER

                    AND ONE OF THE MALE STUDENTS SAID, "I IDENTIFY MYSELF AS A FEMALE

                    TODAY," COULD THAT INDIVIDUAL WHO IDENTIFIES AS A FEMALE TAKE A SHOWER,

                    THEN, WITH HIS 14-YEAR-OLD DAUGHTER?  AND BACK IN 2102 AND '13, YOUR

                    ANSWER WAS "YES".  IS THAT STILL YOUR ANSWER?

                                 MR. GOTTFRIED:  I'M NOT SURE THAT WAS THE ENTIRETY

                                         49



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    OF MY ANSWER OR THAT THAT WAS THE ENTIRETY OF THE QUESTION.  YOU KNOW,

                    IF I WAKE UP ONE MORNING AND DECIDE THAT I WANT MY BUSINESS TO APPLY

                    AS A MINORITY-OWNED BUSINESS OR AS A WOMEN-OWNED BUSINESS, I -- I

                    WOULD NOT BE GRANTED THAT STATUS, BECAUSE I AM NEITHER MINORITY NOR A

                    WOMAN.  AND SOMETHING THAT IS PATENTLY DISHONEST AND FRAUDULENT, I

                    DON'T THINK ENTITLES YOU TO ANY PARTICULAR LEGAL STATUS.

                                 MR. GOODELL:  SO, YOUR VIEW IS IF THE INDIVIDUAL

                    GENUINELY IDENTIFIED AS A FEMALE EVEN THOUGH THEY MAY HAVE A MALE

                    ANATOMY, OR WAS GENERALLY PERCEIVED -- GENUINELY PERCEIVED AS BEING A

                    FEMALE, THEN THEY WOULD HAVE THAT RIGHT TO SHOWER IN THE WOMEN'S

                    SHOWER AFTER A SPORTS EVENT, UNDER THIS BILL?

                                 MR. GOTTFRIED:  BASED ON THE WAY YOU'RE

                    DESCRIBING IT, I -- I WOULD SAY YES, AND I WOULD SAY THAT'S NOT NEW IN

                    NEW YORK LAW.  IT'S BEEN THE LAW IN NEW YORK IN ALL 62 COUNTIES FOR

                    MORE THAN -- FOR AT LEAST A COUPLE OF YEARS NOW, AND IN MOST

                    COMMUNITIES IN THE STATE, FOR A NUMBER OF YEARS NOW, AND IS THE RULE

                    ALL OVER -- IN -- IN MANY PARTS OF THE COUNTRY, MOST RECENTLY IOWA AND

                    UTAH.  AND I DON'T KNOW THAT ANYONE HAS IDENTIFIED AN INSTANCE IN

                    WHICH THE APPLICATION OF SUCH A LAW HAS CREATED THE KINDS OF PROBLEMS

                    WE'VE HEARD ABOUT.  AND I -- I SAY THAT VERY POINTEDLY.

                                 FOR AS LONG AS WE'VE HAD MEN AND WOMEN AND

                    FACILITIES THAT CATER PARTICULARLY TO MEN AND WOMEN, WHICH IS, YOU

                    KNOW, I GUESS SEVERAL THOUSAND YEARS, THERE HAVE BEEN MEN DISGUISING

                    THEMSELVES TO GAIN ACCESS TO WOMEN'S FACILITIES.  YOU KNOW, AS MR.

                    TITONE SAID IN ONE OF THESE DEBATES A COUPLE OF YEARS AGO, YOU KNOW,

                                         50



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    WHAT WE SEE IN THIS DEBATE IS THAT STRAIGHT WHITE MEN ARE REALLY

                    DANGEROUS PEOPLE.  AND I -- I DON'T WANT TO ADOPT THAT AS A GENERAL

                    CHARACTERIZATION, OF COURSE.  BUT AS OUR PEDIATRICIAN USED TO SAY, THERE

                    IS A LOT OF THAT GOING AROUND.  BUT -- SO YOU CAN'T ATTRIBUTE THAT TO -- TO

                    TRANSGENDER LEGISLATION, NOR CAN YOU SAY WITH ANY ACCURACY THAT

                    TRANSGENDER LEGISLATION LEGALLY PROTECTS THAT KIND OF ACTIVITY.  I'VE NEVER

                    SEEN EVIDENCE OF A TRANSGENDER LAW CREATING THAT KIND OF PROBLEM OR

                    BEING USED IN THAT WAY.  NOW, I SUPPOSE THERE'S A FIRST TIME FOR

                    ANYTHING, BUT THESE LAWS HAVE BEEN ON THE BOOKS IN COUNTLESS

                    JURISDICTIONS FOR MANY, MANY YEARS NOW.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    GOTTFRIED, FOR YOUR COMMENTS.

                                 ON THE BILL.

                                 MR. GOTTFRIED:  YES.

                                 MR. GOODELL:  FOR DECADES, WE HAVE PROHIBITED

                    SEX DISCRIMINATION, AND RIGHTFULLY SO.  AND I AGREE WITH MR. GOTTFRIED

                    IN THE PURPOSE OF THIS BILL TO PREVENT ANY DISCRIMINATION AGAINST ANY

                    INDIVIDUALS WHO MAY BE TRANSGENDER, OR OTHERWISE -- ANY

                    DISCRIMINATION BASED ON GENDER IDENTITY IN ALL THOSE AREAS WHERE SEXUAL

                    IDENTITY IS IRRELEVANT, WHETHER IT'S TRANSPORTATION OR EMPLOYMENT OR

                    HOUSING OR PUBLIC ACCOMMODATION.  THE PROBLEM THAT I AND SEVERAL OF

                    MY COLLEAGUES HAVE WITH THIS BILL IS THAT OUR CURRENT LAW RECOGNIZES

                    DIFFERENCES BETWEEN THE SEXES.  AND WE HAVE A NUMBER OF PROVISIONS

                    DESIGNED SPECIFICALLY TO BENEFIT WOMEN OR -- OR MEN SEPARATELY.

                                 SO, WE HAVE BOY SCOUTS, WHICH, BY THE WAY, JUST

                                         51



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    RECENTLY BECAME CO-ED, I UNDERSTAND, BUT USED TO BE JUST BOYS.  WE

                    HAVE GIRL SCOUTS THAT ARE STILL JUST GIRLS.  WE HAVE SCHOLARSHIPS THAT ARE

                    AVAILABLE JUST FOR WOMEN.  WE HAVE SPORTS TEAMS THAT ARE DIFFERENT,

                    BECAUSE WE RECOGNIZE THAT REGARDLESS OF HOW YOU MIGHT IDENTIFY

                    YOURSELF, THERE ARE PHYSIOLOGICAL DIFFERENCES BETWEEN MEN AND WOMEN,

                    AND SO, IN AN EFFORT TO PROVIDE AN EVEN PLAYING FIELD, IF YOU WILL, WE

                    HAVE SEPARATE SPORTS TEAMS.  AND THAT'S NOT WRONG.  IT'S NOT BAD.  IT'S

                    JUST RECOGNIZING THAT GOD, IN HIS WISDOM, CREATED US DIFFERENTLY.  AND

                    I AM VERY THANKFUL, BY THE WAY, FOR -- FOR THOSE DIFFERENCES AND FOR THE

                    SIMILARITIES THAT GOD ENDOWED US WITH.

                                 WE HAVE REGULATIONS THAT DEAL WITH THIS ISSUE.  AND

                    IT'S -- AND IT'S A GOOD IDEA TO ALLOW THOSE REGULATIONS TO GOVERN AND

                    ALLOW THE COURTS TO DEAL WITH THIS SO THAT THEY CAN DEVELOP THAT

                    BALANCING ACT TO MAKE SURE THAT THE PROGRAMS, LIKE THE MWBE

                    PROGRAM, IS AVAILABLE TO HELP WOMEN; THAT WOMEN SCHOLARSHIPS ARE

                    AVAILABLE FOR JUST WOMEN; THAT SPORTS TEAMS CAN BE EVEN; THAT WE CAN

                    RECOGNIZE THAT THERE'S A LOT OF ADVANTAGES TO HAVING PROGRAMS LIKE THE

                    GIRL SCOUTS.

                                 SO, THE CURRENT SYSTEM, AS CORRECTLY POINTED OUT BY THE

                    SPONSOR, MY -- MY COLLEAGUE, ALREADY DEALS WITH THIS SUBJECT.  WE

                    ALREADY HAVE LOCAL FLEXIBILITY IF ADDITIONAL REGULATION IS NEEDED.  WE

                    HAVE FEDERAL OVERSIGHT THAT SETS THE OVERALL STANDARDS.  UNFORTUNATELY, I

                    THINK THIS BILL CREATES MORE PROBLEMS THAN IT SOLVES AND, THEREFORE, I

                    WILL HAVE TROUBLE SUPPORTING IT.  THANK YOU, MS. SPEAKER.

                                 ACTING SPEAKER SEAWRIGHT:  READ THE LAST

                                         52



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER SEAWRIGHT:  THE CLERK WILL

                    -- WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  FIRST, I WANT TO THANK YOU FOR THE OPPORTUNITY TO --

                    FOR THE SPONSOR TO BRING THIS BILL FORWARD.  I KNOW THIS HAVE BEEN

                    BEFORE THE ASSEMBLY ON MANY OCCASIONS.  I WANT TO BE CLEAR THAT THIS

                    ISSUE IS ABOUT SAFETY FOR PEOPLE.  PEOPLE TAKE SERIOUS RISKS IN THEIR LIVES

                    TO BE ABLE TO DEAL WITH THE ISSUE OF GENDER IDENTITY.  I WANT TO

                    ENCOURAGE US TO VOTE IN FAVOR OF THIS, BECAUSE THIS IS ABOUT ENDING

                    DISCRIMINATION.  IT'S NOT ABOUT FRAUD, NOT ABOUT MISREPRESENTATION, NOT

                    ABOUT SAFETY OF CHILDREN.  THIS IS ABOUT SAFETY OF PEOPLE WHO ARE LIVING

                    THEIR LIVES IN THE BEST WAY THEY CAN.

                                 I NOW WITHDRAW MY REQUEST AND I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER SEAWRIGHT:  MR. EPSTEIN IN

                    THE AFFIRMATIVE.

                                 MS. ROSENTHAL TO EXPLAIN HER VOTE.

                                 MS. ROSENTHAL:  THANK YOU, MR. (SIC) SPEAKER,

                    TO EXPLAIN MY VOTE.  I'M PROUD TO RISE FOR, MAYBE IT'S THE ELEVENTH TIME

                    SINCE I'VE BEEN HERE, IN SUPPORT OF GENDA AND TO REITERATE TO THE

                                         53



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    TRANSGENDER COMMUNITY ACROSS OUR STATE THAT WE STAND WITH ALL OF YOU.

                    GROWING UP TRANSGENDER AND GOING THROUGH ADULTHOOD AS A TRANSGENDER

                    PERSON PRESENTS INCREDIBLE CHALLENGES, AND HERE IN NEW YORK, AS WELL.

                    SUICIDE, HOMELESSNESS AND SUBSTANCE USE DISORDER ALL

                    DISPROPORTIONATELY AFFECT THE TRANSGENDER COMMUNITY.  AND BECAUSE

                    WE HAVE NOT PASSED GENDA, WE HAVE INSTITUTIONALIZED THIS KIND OF

                    ATTITUDE IN OUR STATE.  VIOLENCE, HATRED AND DISCRIMINATION TOWARDS

                    TRANSGENDER NEW YORKERS IS COMPLETELY NORMALIZED BY OUR FAILURE TO

                    PASS GENDER -- GENDA.

                                 TRANSGENDER AMERICANS HAVE SEIZED THE NATIONAL

                    DISCOURSE IN RECENT YEARS DOING MORE THAN EVER TO PUSH US TOWARD

                    BROADER TRANSGENDER ACCEPTANCE.  NOW, MORE THAN EVER, THE NATION HAS

                    TRANSGENDER LEADERS TO LOOK TOWARD.  DANICA ROEM, WHO WAS ELECTED TO

                    THE VIRGINIA LEGISLATURE; LAVERNE COX, WHO'S A WELL-KNOWN ACTRESS.

                    JENNIFER FINNEY BOYLAN, WHO'S A PROFESSOR AT BARNARD AND NEW YORK

                    TIMES COLUMNIST.  THESE LEADERS SHOW HOW PATHETICALLY SMALL-MINDED

                    IT IS NOT TO BE ACCEPTING OF TRANSGENDER AMERICANS.  IT'S NOT A MATTER OF

                    POLITICAL CORRECTNESS, IT IS VERY SIMPLY A MATTER OF SEEING FELLOW

                    HUMANS AS JUST THAT.  THERE IS NOTHING POLITICAL ABOUT SOMEONE'S

                    HUMANITY AND THEIR SELF-IDENTIFICATION.

                                 IN THE ERA OF DONALD TRUMP, IT IS EVEN MORE IMPORTANT

                    THAT WE, IN NEW YORK STATE, PASS LEGAL PROTECTIONS FOR PEOPLE WHO ARE

                    PART OF THE TRANSGENDER COMMUNITY.  THESE ARE NOT NORMAL TIMES IN THIS

                    COUNTRY, AND WE MUST TAKE THIS OPPORTUNITY TO TAKE A STAND FOR

                    TRANSGENDER NEW YORKERS AND ENSURE THAT ALL HUMANS ARE TREATED

                                         54



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    EQUALLY, REGARDLESS OF THEIR GENDER IDENTITY.  I THANK THE SPONSOR FOR HIS

                    PERSEVERANCE, AND I WILL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER SEAWRIGHT:  MS. ROSENTHAL

                    VOTES IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL HAS PASSED.

                                 MR. MORELLE.

                                 (PAUSE)

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I'D LIKE

                    TO ASK YOU TO CALL ON MR. CROUCH SO THAT HE MIGHT MAKE AN IMPORTANT

                    ANNOUNCEMENT.

                                 ACTING SPEAKER AUBRY:  MR. CROUCH FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 SHH.

                                 MR. CROUCH:  THANK YOU, MR. SPEAKER.  THERE WILL

                    BE A REPUBLICAN CONFERENCE, MEMBERS ONLY, IN THE PARLOR RIGHT AFTER

                    SESSION.

                                 ACTING SPEAKER AUBRY:  REPUBLICAN

                    CONFERENCE, MEMBERS ONLY, IN THE PARLOR RIGHT AFTER SESSION.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, SIR.  IF YOU HAVE

                    ANY HOUSEKEEPING AND/OR RESOLUTIONS, AND I BELIEVE YOU HAVE BOTH, WE

                                         55



                    NYS ASSEMBLY                                                             MAY 7, 2018

                    CAN TAKE THEM UP.

                                 ACTING SPEAKER AUBRY:  WE HAVE BOTH.

                                 ON A MOTION BY MR. PRETLOW, PAGE 26, CALENDAR NO.

                    169, BILL NO. A-2303-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 WE HAVE NUMEROUS FINE RESOLUTIONS, WE'LL TAKE THEM

                    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. 1133-1141

                    WERE UNANIMOUSLY APPROVED.)

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I NOW

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 1:00 P.M., TUESDAY,

                    MAY 8TH.  TOMORROW, LADIES AND GENTLEMEN, IS A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 5:05 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL TUESDAY, MAY 8TH AT 1:00 P.M., TUESDAY BEING A

                    SESSION DAY.)















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