Regular Session - January 15, 2019

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 15, 2019

11                     11:22 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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

 2                THE PRESIDENT:   The Senate will 

 3   come to order.

 4                And I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                THE PRESIDENT:   Our invocation 

 9   today will be given by Rabbi Yael Rooks Rapport, 

10   from the Congregation Beit Simchat Torah, in 

11   New York City.  

12                We look forward to hearing from you.  

13   And you are also from -- the Rabbi is also from 

14   Senator Hoylman's district.  Rabbi.  

15                RABBI RAPPORT:   Members of the 

16   New York State Senate, good morning.

17                SENATORS:   Good morning.

18                RABBI RAPPORT:   I bring you 

19   greetings from Congregation Beit Simchat Torah, 

20   the world's largest LGBTQ synagogue, in New York 

21   City.  

22                You gather here today as 

23   representation of something greater than 

24   yourself, one individual image which encompasses 

25   the dreams, the challenges, and the possibility 


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 1   of each of your districts and the many 

 2   constituents you represent.  

 3                In the Jewish tradition, we believe 

 4   that each of us individually is one small spark, 

 5   one unique reflection of the divine.

 6                In the first chapter of Genesis, it 

 7   is written that humanity was created {Hebrew}, in 

 8   the image of God.  It is the source of our belief 

 9   that every individual brings to the world some 

10   unique relevance of God's image exactly as we 

11   are, exactly as we were created, that no one else 

12   could bring.  

13                May we see in ourselves this beauty 

14   and wholeness.  May we know that exactly the way 

15   we are made shines with holiness because our 

16   image is part of something much more expansive 

17   that requires our representation, because of our 

18   gender identification, because of our sexual 

19   orientation, because of our religious 

20   affiliation, our race, our ethnicity, our 

21   national origin.  

22                May we strive to recognize this same 

23   holiness in others in moments when we feel alike, 

24   and in moments when we feel completely different.

25                May each of you, representations of 


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 1   representation, continue to act as sources of 

 2   blessing to all you serve, as only you can.  

 3                Let us say together, amen.

 4                THE PRESIDENT:   Thank you very 

 5   much, Rabbi Yael Rapport.

 6                Reading of the Journal.

 7                THE SECRETARY:   In Senate, Monday, 

 8   January 14, 2019, the Senate met pursuant to 

 9   adjournment.  The Journal of Sunday, January 13, 

10   2019, was read and approved.  On motion, Senate 

11   adjourned.

12                THE PRESIDENT:   Without objection, 

13   the Journal stands approved as read.

14                Presentation of petitions.  

15                Messages from the Assembly.

16                Messages from the Governor.

17                Reports of standing committees.

18                Reports of -- may we have order.  

19                Reports of standing committees.

20                Reports of select committees.

21                Communications and reports from 

22   state officers.

23                Motions and resolutions.

24                Senator Gianaris.

25                SENATOR GIANARIS:   Madam President, 


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 1   good morning.  

 2                I now move to adopt the 

 3   Resolution Calendar, with the exception of 

 4   Resolutions 9 and 60.

 5                THE PRESIDENT:   All in favor of 

 6   adopting the Resolution Calendar, with the 

 7   exception of Resolutions 9 and 60, signify by 

 8   saying aye.

 9                (Response of "Aye.")

10                THE PRESIDENT:   Opposed, nay.

11                (No response.)

12                THE PRESIDENT:   The Resolution 

13   Calendar is adopted.

14                Senator Gianaris.  

15                SENATOR GIANARIS:   Madam President, 

16   can you please call up Resolution Number 60, read 

17   that resolution in its entirety, and recognize 

18   Senator Stavisky to speak.

19                THE PRESIDENT:   The Secretary will 

20   read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 60, commemorating the work of 

23   the Korean American Association of Greater 

24   New York and its President, Minsun Kim, for their 

25   historic work in advancing the interests and 


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 1   well-being of the Korean American community of 

 2   New York, and honoring their visit to the State 

 3   Capitol of New York in Albany.  

 4                "WHEREAS, It is the custom of this 

 5   Legislative Body to honor and commemorate those 

 6   illustrious organizations and individuals of the 

 7   State of New York whose focus and intent have had 

 8   a substantial impact on the many, diverse 

 9   residents of the State of New York; and 

10                "WHEREAS, The Korean American  

11   Association of Greater New York was founded in 

12   1960 as a nonprofit to advocate for the welfare  

13   and rights of over half a million members of the 

14   Korean American community of Greater New York; 

15   and 

16                "WHEREAS, Korean Americans, who form 

17   a large, vibrant community in New York, represent 

18   a long and storied part of the American fabric, 

19   having made numerous contributions to science, 

20   law, business, art, and many other fields; and 

21                "WHEREAS, The Korean American 

22   Association of Greater New York acts as an 

23   umbrella organization for over 500 other 

24   Korean American groups that provide assistance 

25   and services in numerous areas, such as culture, 


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 1   education, and community outreach, for people of 

 2   all ages and socioeconomic status; and 

 3                "WHEREAS, Minsun Kim was elected to 

 4   serve as the 34th President and the 35th 

 5   President of the Korean American Association of 

 6   Greater New York; as the first female leader of 

 7   the organization, she has successfully led it 

 8   towards achieving numerous goals of long-standing 

 9   consequence; and 

10                "WHEREAS, The Korean American 

11   Association of Greater New York and 

12   President Minsun Kim have endeavored to advance 

13   the causes of women's equality and the principles 

14   of democracy, and spearheaded efforts to 

15   recognize the historical legacy of Yu Gwan-sun 

16   and her importance in the March 1st movement; and 

17                "WHEREAS, Yu Gwan-sun, introduced  

18   by Alice H. Sharp, a missionary sent from 

19   New York to Korea, attended the Ewha Women's  

20   School, Korea's first women's educational   

21   institute established by an American missionary, 

22   where she learned the American values of  

23   freedom, justice, equality and human rights, and 

24   became a national symbol of the human rights 

25   movement; and 


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 1                "WHEREAS, The Korean American 

 2   Association of Greater New York and 

 3   President Minsun Kim will be joined by a variety 

 4   of organizations and their representatives in 

 5   visiting the New York State Capitol in Albany on 

 6   January 15, 2019; and 

 7                "WHEREAS, Many Korean Americans in 

 8   the State of New York maintain profound ties to 

 9   other members of their community, both in  

10   America and around the world, and through their  

11   family and culture, this visit represents a 

12   momentous event for both them and countless  

13   other New Yorkers; and 

14                "WHEREAS, It is the sense of this 

15   Legislative Body to commemorate the historic  

16   occasion of the visit of the Korean American 

17   Association of Greater New York and President 

18   Minsun Kim; now, therefore, be it 

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to commemorate  

21   March 1, 2019, as the Centennial of the March 1st 

22   Movement, and to honor the lasting impact of 

23   Yu Gwan-sun's legacy as one of the youngest 

24   female human rights movement leaders; and be it 

25   further 


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 1                "RESOLVED, That copies of this 

 2   resolution, suitably engrossed, be transmitted to 

 3   Moon Jae-in, President of South Korea; 

 4   Minsun Kim, President of the Korean American 

 5   Association of Greater New York; and the 

 6   Korean American community of New York."

 7                THE PRESIDENT:   Senator Stavisky on 

 8   the resolution.

 9                SENATOR STAVISKY:   Thank you, 

10   Madam President.  

11                We are delighted to welcome our 

12   friends from South Korea and from the Korean 

13   American community.

14                We are joined not only by the 

15   Consul General, Hyo-Sung Park, but by members of 

16   the Korean National Assembly, which is the 

17   equivalent of our Congress.  And we are happy to 

18   welcome Young Sun Park, Kyung Hyub Kim, Chang Won 

19   Pyo, Jin Gyu Hahm, and Dong Seob Lee.

20                (Applause.)

21                SENATOR STAVISKY:   And to them we 

22   say:  Annyeong haseyo.

23                (Laughter; cheers.) 

24                SENATOR STAVISKY:   The resolution 

25   talks about how the Korean American Association 


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 1   of Greater New York, KAAGNY, was founded almost 

 2   60 years ago -- 58 years ago -- to speak for the 

 3   new immigrants, to speak for the Korean Americans 

 4   who have chosen to come to our country.  

 5                And it also talks about how, 

 6   116 years ago, 102 Koreans left their home in 

 7   Korea and came to the United States and they 

 8   landed in Hawaii aboard the SS Gaelic on 

 9   January 13, 1903.  

10                And that is why we have the 

11   resolution on the floor today.  People have asked 

12   me why these dates, and that's the answer.  They 

13   came to our country on January 13th -- actually, 

14   to work in the sugar fields in Hawaii.  And 

15   amongst the 103, interestingly, there were 

16   21 women.  And we celebrate the inclusion of 

17   women in our chamber and Minsun Kim, her election 

18   as the first woman from KAAGNY.  And that was the 

19   start of a migration to the United States.  

20                They have been such an important 

21   part of our community over the years.  We fought 

22   together in World War II, in the Korean conflict, 

23   in Vietnam, and today in the Middle East.  They 

24   have become such an important part of the 

25   American fabric, particularly in economic ways, 


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 1   social ways.  Their cultural heritage is visible 

 2   in New York City, and they are an important part 

 3   of our society.

 4                And in fact, Congress declared 

 5   January 13th as Korean American Day.  And we are 

 6   doing the same thing in this chamber today, as 

 7   the Assembly did earlier.

 8                There are 100,000 Korean Americans 

 9   living in New York City, many in Queens County.  

10                And March 1st is mentioned.  We 

11   celebrate March 1st because it is the centennial 

12   of the March 1st Movement, the movement for 

13   Korean independence, which is so important.  And 

14   Korea is such an important part of our world 

15   economy and our world democracy.  Because we have 

16   very few democracies in that part of the world, 

17   and Korea is certainly one of them.  

18                We talk about Yu Gwan-sun, the 

19   symbol of the March 1st Movement, the symbol for 

20   freedom and human rights.

21                So we welcome you all and we wish 

22   you a very happy and prosperous Lunar New Year, 

23   the Year of the Pig that's coming up.  And 

24   "Saehae bog manhi badeuseyo," which is the -- I 

25   don't know why the Korean transliteration is so 


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 1   long; it's "Happy New Year."  Simple, and yet we 

 2   appreciate your presence here today, and we 

 3   welcome you.

 4                Kamsamida.

 5                (Applause.)

 6                THE PRESIDENT:   Thank you, Senator 

 7   Stavisky.  

 8                Senator Liu on the resolution.

 9                SENATOR LIU:   Distinguished 

10   colleagues, I am proud and honored to join 

11   Senator Stavisky in welcoming this distinguished 

12   delegation led by Ambassador Park, Minsun Kim, 

13   our historic president of the Korean American 

14   Association of Greater New York, and this very 

15   venerable delegation of National Assembly members 

16   from the Republic of Korea.

17                Senator Stavisky has already 

18   mentioned the most salient points.  I will say 

19   that this is a very historic day for this 

20   delegation to visit these chambers.  It is the 

21   116th anniversary of the first Korean immigrants 

22   to the United States of America.  And it is also 

23   a very important anniversary, 100 years since the 

24   unofficial founding of the Republic, with a 

25   heroine in the name of Yu Gwan-sun, to this day 


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 1   100 years later remains a symbol of the national 

 2   identity of the Republic of Korea.  

 3                It is very important that we 

 4   recognize this in the State of New York because 

 5   the Korean American community continues to be 

 6   such a vital part of our state -- economically, 

 7   culturally, educationally, and politically, 

 8   especially as we have the first and still only 

 9   Korean American legislator, in the name of 

10   Ron Kim, in the State Assembly.  

11                This is a very special moment for me 

12   personally, because I grew up with the 

13   Korean American community my whole life.  And so 

14   I want to say welcome to these distinguished 

15   visitors here.  The Korean American community 

16   stands for a lot, not just small businesses, not 

17   just dry cleaners.  Now the generation of 

18   Korean Americans are attorneys, physicians, other 

19   professionals.  

20                And we're very proud of the American 

21   pop culture that we export throughout the rest of 

22   the world, but I've got to tell you, if you talk 

23   to a lot of our young people, Korean or not, they 

24   love Korean pop culture.  They call it K-pop.  

25   And I know many Senators know the Gangnam dance.  


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 1                (Laughter.)

 2                SENATOR LIU:   And so we are very 

 3   happy to welcome our fellow brothers and sisters 

 4   from halfway around the world to these humble 

 5   chambers of the New York State Senate.

 6                Thank you very much.  Saehae bog 

 7   manhi badeuseyo.  Kamsamida.

 8                (Applause.)

 9                THE PRESIDENT:   Thank you, 

10   Senator Liu.  Thank you.

11                The question is on the resolution.  

12   All those in favor signify by saying aye.

13                (Response of "Aye.")

14                THE PRESIDENT:   Opposed?  

15                (No response.)

16                THE PRESIDENT:   The resolution is 

17   adopted.

18                (Applause.)

19                THE PRESIDENT:   Senator Gianaris.

20                SENATOR GIANARIS:   Thank you, 

21   Madam President.  

22                Let me add my words of welcome as 

23   well to the Assembly members, the Consul General, 

24   and the Korean American Association.  

25                At Senator Stavisky's request, this 


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 1   resolution is open for cosponsorship.  Should any 

 2   member choose not to be a cosponsor, please 

 3   notify the desk.

 4                THE PRESIDENT:   The resolution is 

 5   open for cosponsorship.  Should you not desire to 

 6   be a cosponsor, please notify the desk. 

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Can we now 

 9   please call up Resolution Number 9, read that 

10   resolution's title only, and recognize 

11   Senator Seward to speak.

12                THE PRESIDENT:   The Secretary will 

13   read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 9, commending John D. Heller 

16   posthumously upon the occasion of his designation 

17   as recipient of a Liberty Medal, the highest 

18   honor bestowed upon an individual by the New York 

19   State Senate.

20                THE PRESIDENT:   Senator Seward on 

21   the resolution.

22                SENATOR SEWARD:   Thank you, 

23   Madam President.  It's a great honor for me to 

24   stand today and recognize the life and heroism of 

25   John Heller.  


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 1                You know, John lost his life on 

 2   December 29, 2018, during a fire at his Oneonta 

 3   residence.  While John was taken from us on that 

 4   night, he made sure that others would live on.  

 5   John was a former part-time Oneonta firefighter, 

 6   and he acted heroically on that tragic night.

 7                His four young nephews were spending 

 8   the night at his apartment, an apartment that he 

 9   shared with his fiancee, Amber Roe.  When the 

10   fire broke out, John did what all first 

11   responders do.  He put the well-being of others 

12   first, and he rushed to that point of danger to 

13   help others.

14                He was able to help his fiancee, 

15   Amber, and his four young nephews, Donovan, 

16   Maddox, Macall and Rawley Heller -- he got them 

17   to safety before perishing in the fire.  John 

18   displayed great courage in saving the lives of 

19   five others, and he made the ultimate sacrifice.  

20                His final act here on earth was one 

21   of bravery, valor and heroism, and love of 

22   others.  John's heroic actions embody the reason 

23   that the Senate Liberty Medal was created in the 

24   first place.  

25                I was able to present the Senate 


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 1   Liberty Medal posthumously to John Heller, and I 

 2   presented it to his fiancee, Amber Roe, and his 

 3   parents, John and Gayle Heller, at a memorial 

 4   service earlier this month in Oneonta.  More than 

 5   300 people were on hand to honor and remember 

 6   John.  It was an inspirational outpouring of love 

 7   and respect from the entire community, and it 

 8   spoke volumes about the type of person John was 

 9   and how he lived his life and how he died.

10                So I'm honored this morning to take 

11   a moment to remember the life of John Heller and 

12   to ensure that his name and his heroism are a 

13   permanent part of our Senate records and New York 

14   State history.  And I would greatly appreciate 

15   the support of this body in honoring the memory 

16   of John D. Heller.

17                THE PRESIDENT:   Thank you, Senator.

18                The question is on the resolution.  

19   All those in favor signify by saying aye.

20                (Response of "Aye.")

21                THE PRESIDENT:   All those opposed, 

22   nay.

23                (No response.)

24                THE PRESIDENT:   The resolution is 

25   adopted.


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 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Thank you, 

 3   Madam President.  

 4                At the request of Senator Seward, 

 5   this resolution is also open for cosponsorship.  

 6   Should any member choose not to be a cosponsor, 

 7   please notify the desk.  

 8                THE PRESIDENT:   The resolution is 

 9   open for cosponsorship.  Should you not choose to 

10   be a cosponsor of the resolution, please notify 

11   the desk.

12                SENATOR GIANARIS:   Can we now take 

13   up the noncontroversial reading of the calendar, 

14   but I would ask that we go out of order and take 

15   up Calendar Number 2 first.

16                THE PRESIDENT:   The Secretary will 

17   read.

18                THE SECRETARY:   Calendar Number 2, 

19   by Senator Hoylman, Senate Print 1047, an act to 

20   amend the Executive Law, the Civil Rights Law, 

21   and the Education Law.

22                THE PRESIDENT:   Read the last 

23   section.

24                THE SECRETARY:   Section 25.  This 

25   act shall take effect on the 30th day after it 


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 1   shall have become a law.

 2                THE PRESIDENT:   Call the roll.

 3                (The Secretary called the roll.)

 4                THE PRESIDENT:   Senator Hoylman to 

 5   explain his vote.

 6                SENATOR HOYLMAN:   Thank you, 

 7   Madam President.  

 8                And thank you to my colleagues.  

 9   It's been a long road.  But I was thinking about 

10   this bill, which is called, of course, the Gender 

11   Expression Non-Discrimination Act.  But much more 

12   than an acronym, it is the transgender human 

13   rights law for the State of New York.

14                And I was thinking about it in terms 

15   of my daughter.  And last summer my daughter and 

16   I were at a swimming pool with some other LGBTQ 

17   families.  And we were paddling along in the 

18   ice-cold water, and this little girl swam up to 

19   Sylvia, my 7-year-old, and she said "Who's that?"  

20   And Sylvia said "That's my daddy."  And without 

21   missing a beat, the other little girl said, 

22   "Well, then where's your other daddy?"

23                (Laughter.)

24                SENATOR HOYLMAN:   And to me that's 

25   an example of the quantum leap forward that we've 


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 1   taken as a chamber, thanks to the support of so 

 2   many colleagues, and we've taken as a society, 

 3   thanks to popular culture and leadership in this 

 4   Capitol, including our Governor and our President 

 5   and our Supreme Court.  

 6                But there was and remains unfinished 

 7   business in the civil rights movement, in 

 8   particular the LGBTQ civil rights movement, for 

 9   the reason that the last 17 years, in our 

10   Human Rights Law, transgender people have been 

11   expressly excluded.  That wasn't by accident.  

12   Back in 2002, when the Sexual Orientation 

13   Non-Discrimination Act was passed in this very 

14   chamber, there was a motion, there was a motion 

15   made by my esteemed predecessor, Senator Tom 

16   Duane, to include transgender and 

17   gender-nonconforming people in that bill.  

18                But they were jettisoned.  They were 

19   left on a desert island in the world of human 

20   rights.  And we told them, We'll be back to get 

21   you.  Our lifeboat will be coming back, don't 

22   worry.  Well, it's taken 17 years.

23                So to them, that speck on the 

24   horizon is not a mirage, it is the State Senate 

25   finally coming back to pick you up and bring you 


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 1   into civil society, with all rights and 

 2   protections that New Yorkers deserve.

 3                (Applause; cheers.)

 4                SENATOR HOYLMAN:   And I've been 

 5   asked:  Why is this necessary?  Well, here are 

 6   the facts.  Under New York State law, if you are 

 7   transgender or gender-nonconforming, according to 

 8   the statute you can be fired from your place of 

 9   employment, you can be denied a lease for your 

10   apartment, you can be kicked out of a restaurant 

11   just because you are transgender or 

12   gender-nonconforming.

13                In addition to that, while some of 

14   that has been covered by Executive Order -- not 

15   with the force of law, and always subject to 

16   change -- the one thing that has not been 

17   addressed is protections for transgender and 

18   gender-nonconforming people under our state Hate 

19   Crimes Law.

20                And it's not lost on me or 

21   transgender activists, many of whom are here in 

22   the galleries, that transgender people are the 

23   number-one target of hate violence in these 

24   United States of America.  We have to do 

25   something to protect them.


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 1                And the symbolism of us passing our 

 2   transgender human rights law is profound.  It's 

 3   profound at every level of our society, among the 

 4   very young and among the very old.  

 5                Let me just share with you some 

 6   results of the United States Transgender Survey.  

 7   It found that 30 percent of transgender and 

 8   gender-nonconforming people have been fired from 

 9   their jobs because of their gender identity -- 

10   30 percent.  Twenty-three percent of those folks 

11   have been denied housing, 31 percent have been 

12   denied service in a place of public 

13   accommodation.  And yes, that great American 

14   bathroom debate, which I'm glad we're not having 

15   today:  59 percent have avoided using public 

16   restrooms out of fear of being confronted.  

17                That's the reality for transgender 

18   and gender-nonconforming people in our society 

19   today.

20                And I took the liberty of soliciting 

21   some thoughts from some of our transgender 

22   New Yorkers about how they felt about this 

23   historic day here in Albany.  

24                And a woman named Kristen Browde -- 

25   she was recently elected as the board president 


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 1   of the LGBT Bar Association in New York -- wrote 

 2   to me.  She said:  "Your legislation means 

 3   everything.  We can now be assured that in public 

 4   accommodation, in business and in every aspect of 

 5   life, we'll be on the same footing as everyone 

 6   else, that no longer we'll have to fear 

 7   professional or personal repercussions when we 

 8   come out or when our gender is revealed.  And we 

 9   will help erase some of the fear that every 

10   transgender person has about coming out."

11                "That fear," Kristen writes, "has 

12   led me not to come out publicly until I reached 

13   the age of 65."  

14                "GENDA," she says, "will go a long 

15   way toward ending the fear of legalized 

16   discrimination, a fear that so many in this state 

17   rightly, though unfortunately, have lived with."

18                A fear, I have to add, colleagues, 

19   is compounded by decisions being made in 

20   Washington, D.C., to undermine the civil 

21   liberties that were put forward through 

22   Executive Order by President Obama and now are 

23   being decimated by President Trump.  

24                Then there's Wendy Marie from 

25   Buffalo, who writes in to say:  "I've been 


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 1   refused medical appointments due to being trans.  

 2   I've been turned down for employment and told 

 3   outright that if I dress as a male, then there is 

 4   an open position.  I have been refused lodging 

 5   and entrance to food establishments and openly 

 6   ridiculed in public.  Passing GENDA would show 

 7   that our elected state representatives will no 

 8   longer tolerate discrimination against any 

 9   citizens regardless of their gender expression."

10                And finally, there's a constituent 

11   of mine named Sam, a young boy in my district 

12   who's 14 and lives in the East Village.  I called 

13   his mom.  She was so proud.  

14                All of these New Yorkers have been 

15   waiting so long.  They've been waiting too long.  

16   But we're going to fix that today.

17                So I just want to thank my 

18   colleagues who have pushed this issue forward.  

19   So many of us have our own experiences with the 

20   LGBT community.  Senator Duane, who was the first 

21   openly LGBT member of this body.  

22                Senator Squadron -- a straight ally, 

23   but a good guy nonetheless --

24                (Laughter.)

25                SENATOR HOYLMAN:   -- who carried 


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 1   this bill for so many years.  

 2                Senators Skoufis and Stavisky, who 

 3   moved these bills quickly through committee.  

 4                My colleagues in the LGBT Caucus:  

 5   Deborah Glick, Danny O'Donnell, Harry Bronson, 

 6   Dick Gottfried -- who's not a caucus member, but 

 7   is carrying GENDA in the other house -- and 

 8   former Assemblymember Matthew Titone.  

 9                And Senator Krueger, whose brother 

10   lived during the plague years.  

11                Senator Savino, who gave that killer 

12   speech on marriage equality.  

13                Senator Ramos, who understands that 

14   transgender women of color are now a political 

15   voting bloc and we should be listening to them.  

16                Senator Benjamin, who said the other 

17   day, "Wow, we're dealing with democracy and human 

18   rights in the first two days of our legislative 

19   session.  Can it get any more real than that?"  

20                And Senator Gianaris, for pushing 

21   forward not just GENDA, but being the original 

22   coprime sponsor and in fact the originator of the 

23   bill to ban conversion therapy.  

24                And finally, our leader, Andrea 

25   Stewart-Cousins.  It's no coincidence that we're 


                                                               350

 1   addressing this issue in the first week of our 

 2   legislating, because Andrea Stewart-Cousins wrote 

 3   the human rights law in Westchester County.  She 

 4   knows what it's like to be discriminated against.  

 5   She knows the value of standing up for our fellow 

 6   citizens no matter what they look like, no matter 

 7   what their gender identity or expression is, no 

 8   matter who they love.

 9                So to my colleagues, thank you.  Let 

10   us move forward.  Let us all rise up and support 

11   civil liberties for everyone.  Thank you.

12                (Extended standing ovation.)

13                THE PRESIDENT:   Thank you, 

14   Senator Hoylman.

15                To explain her vote, Senator Ramos.

16                SENATOR RAMOS:   Thank you, 

17   Madam President.  

18                It's true, I am the proud 

19   State Senator of the largest transgender Latinx 

20   community in this country.  And I'm proud to be 

21   voting yes, because I'm here to ensure they're 

22   protected from hatred and discrimination.  These 

23   communities have long faced an assault on their 

24   rights, and it's time New York State finally 

25   commits to protecting them.


                                                               351

 1                (Cheers, applause from galleries.)

 2                SENATOR RAMOS:   But I do want to 

 3   note that I believe we must go further.  We must 

 4   acknowledge that communities of color bear the 

 5   brunt of the criminal justice system.

 6                (Cheers, applause from galleries.)

 7                SENATOR RAMOS:   So after passing 

 8   GENDA, we need to work to clarify this 

 9   language -- and I know that this issue will be 

10   addressed -- so this historic bill cannot be 

11   weaponized against people of color.  

12                Passing GENDA signifies monumental 

13   progress for our state, and we will continue to 

14   acknowledge how people of color in every 

15   community are disadvantaged as a result of 

16   systems meant to criminalize us.  GENDA is a 

17   significant first step in committing ourselves to 

18   the betterment of all vulnerable communities, and 

19   must pave the way for equity and dignity for all 

20   New Yorkers.

21                Thank you.

22                (Enthusiastic applause.)

23                THE PRESIDENT:   I need to remind 

24   the Senators as well as our guests here today 

25   that we will reserve all of our applause to the 


                                                               352

 1   conclusion and the passage of the bills, all 

 2   right? 

 3                (Laughter.)

 4                THE PRESIDENT:   Senator Savino to 

 5   explain your vote.

 6                SENATOR SAVINO:   Thank you, 

 7   Madam President.

 8                I want to rise first to acknowledge 

 9   and thank our leader, Senator Stewart-Cousins, 

10   for moving this agenda so quickly.

11                I want to thank Senator Hoylman for 

12   that beautiful, passionate speech and for taking 

13   up this issue after Senator Squadron left, after 

14   Tom Duane.  And I wanted to talk a bit about a 

15   moment nine years ago when this chamber, this 

16   body failed the LGBT community and particularly 

17   the transgender community.  

18                When we took the majority in 2009, 

19   we had 32 elected Democrats, but we only had 24 

20   that were willing to vote to stand up for the 

21   LGBT community, whether it was marriage equality 

22   or GENDA.  We tried to bring GENDA through the 

23   Judiciary Committee.  And some of you in the 

24   community may have come to that Judiciary hearing 

25   on June 8th of 2010, where the bill went down in 


                                                               353

 1   defeat because Democrats didn't stand up for the 

 2   LGBT community.  

 3                So I am so proud to be here today, 

 4   nine years later -- but nine years too late for 

 5   the community, in many respects -- to be able to 

 6   correct that wrong that was done in the Senate 

 7   Judiciary committee when we defeated GENDA, 

 8   because today we have the votes.

 9                And during that last nine years, we 

10   have seen counties in this state, 11 cities in 

11   this state, 11 counties adopt their own GENDA 

12   statute to protect the transgender community.  

13   But it's not enough.  We saw the Governor 

14   introduce an Executive Order, but that's still 

15   not enough, because it doesn't have the force of 

16   law everywhere in every county in the state.  

17                And what we're doing here today, 

18   Brad, what we're doing is saying regardless of 

19   where you live in New York State -- upstate, 

20   downstate, the East End to the West Side -- this 

21   state recognizes your civil rights and your 

22   humanity no matter who you are.  And we're doing 

23   that today, and I am so proud to finally be able 

24   to help correct a wrong that was done the last 

25   time we held the majority.  


                                                               354

 1                So congratulations to everyone, and 

 2   especially to our leader for bringing this out in 

 3   the first week and not making us wait until June.

 4                Thank you.

 5                (Applause.)

 6                THE PRESIDENT:   Thank you, Senator 

 7   Savino.

 8                I have to repeat the request to 

 9   restrain yourselves, despite the apparent 

10   excitement, with respect to the applause.  We 

11   have business to attend to in the chambers today.

12                Senator Sepúlveda to explain your 

13   vote.

14                SENATOR SEPÚLVEDA:   Thank you.  

15                First I want to thank, again, the 

16   leader, who's pushed an agenda that's been 

17   necessary in this state for many years.  I want 

18   to thank Brad.  I also want to thank Tom Duane, 

19   and of course Mike Gianaris.  

20                To me this is important.  In 1994 I 

21   lost my oldest brother to AIDS.  He was a 

22   nonconforming transgender male who died and was a 

23   victim of a couple of attempts at hate crime.  So 

24   this, to me, is something I'm very proud in his 

25   honor to be voting for.


                                                               355

 1                There are moments that are shared in 

 2   our American history that serve as inflection 

 3   points along our long march towards justice, and 

 4   this morning we've reached one of those proud 

 5   moments.  The GENDA act will add gender identity 

 6   and expression as a protected class in our 

 7   state's Human Rights and Hate Crime Laws.  GENDA 

 8   will prohibit discrimination in employment, 

 9   housing, public accommodations and other areas.  

10   GENDA will also provide stronger penalties for 

11   crimes motivated by hatred.  And again, I wish my 

12   brother was here to share this moment with me.  

13                Today we recognize the T in LGBT.  

14   We are transgender and gender-nonconforming 

15   siblings.  We recognize your full and equal place 

16   in the fabric of our community.  We enter a 

17   covenant with both those harmed by society's lack 

18   of understanding and the millions of children who 

19   trust us to provide a just future.  Our vote in 

20   this chamber is one of love, solidarity with the 

21   LGBT community.  Thank you for the value you 

22   bring to this American family.  We will do better 

23   by you, and we will continue to listen.  

24                May this vote serve as the first of 

25   many civil rights reforms that serve to recognize 


                                                               356

 1   the inherent worth and dignity living inside 

 2   every single person in this country and in this 

 3   state.

 4                Thank you.

 5                THE PRESIDENT:   Thank you, Senator.

 6                Senator Krueger to explain your 

 7   vote.

 8                SENATOR KRUEGER:   Thank you, 

 9   Madam President.  

10                I also want to thank Senator Hoylman 

11   for his hard work to get us here, and all our 

12   other colleagues.  I also do -- also don't want 

13   to point out that I served with Senator Tom Duane 

14   the years he was fighting so hard for this bill, 

15   and lived through the times we failed, we failed 

16   the T community.

17                And I even remember when we passed 

18   SONDA but we couldn't get GENDA added on as an 

19   amendment.  And there were many at the time in 

20   the gay and lesbian community who weren't 

21   comfortable enough to actually fight for GENDA 

22   rights then.  But look how far we've come.

23                And I distinctly remember some of my 

24   colleagues at those times, when we failed to get 

25   this done, saying to me:  "Who are those 


                                                               357

 1   transgender?"  I said, "They're people.  They're 

 2   people who just want equal rights with everyone 

 3   else and who deserve equal rights with everyone 

 4   else."

 5                And not only am I so proud we're 

 6   going to pass this on the floor today, but we're 

 7   going to pass it with votes on both sides of the 

 8   aisle.  And I think that's another incredibly 

 9   important message for those of us who fought so 

10   long and hard to have the opportunity to set the 

11   agenda of what comes to the floor of the Senate.  

12   Because I knew that this bill, like so many 

13   others we will be moving, would have support in 

14   both parties if we could just get the discussion 

15   rolling, the bills through committee to the 

16   floor.

17                I'm so proud to vote yes today.  I'm 

18   so happy and proud for the State of New York that 

19   we are finally taking this long past-due step.  I 

20   vote yes, Madam President.  Thank you.

21                (Applause from gallery.)

22                THE PRESIDENT:   Thank you, Senator 

23   Krueger.

24                Senator Kaplan to explain your vote.

25                SENATOR KAPLAN:   Thank you, 


                                                               358

 1   Madam President.  

 2                Transgender people have faced 

 3   injustice for far too long in this country.  And 

 4   in the past two years, the pace and intensity of 

 5   these attacks on the rights and existence of 

 6   trans people has exploded, leading to a dramatic 

 7   increase of anti-transgender discrimination and 

 8   violence.

 9                We should be doing everything we can 

10   to stand up and say we reject hate and bias in 

11   New York, because no one should be subject to 

12   discrimination just for being their true 

13   authentic selves.  

14                And today, by finally bringing GENDA 

15   to the floor, and passing it, we are sending a 

16   message to transgender people across this state 

17   that we want to make sure you are safe, affirmed, 

18   and protected.  We are sending a message that 

19   we've got your back.  

20                So that is why I am proud to stand 

21   here today as a cosponsor of this legislation and 

22   proudly cast my vote in the affirmative.

23                Thank you.

24                THE PRESIDENT:   Thank you, 

25   Senator Kaplan.


                                                               359

 1                Senator Serrano to explain your 

 2   vote.

 3                SENATOR SERRANO:   Thank you so 

 4   much, Madam President.  

 5                And I rise to congratulate my 

 6   colleague and my friend Senator Hoylman for his 

 7   steadfast leadership on this issue and the 

 8   courageousness that you've put forth in all the 

 9   items that you work on.  

10                And I want to thank the leadership 

11   of Andrea Stewart-Cousins, our leader, for 

12   bringing this to a vote today, and all of my 

13   colleagues in this chamber.  And I hope that we 

14   see broad and universal support for something so 

15   important.  

16                This vote and this issue is so 

17   important now when you consider the years and 

18   legacy of violence against the transgender 

19   community and communities all across our nation.  

20   In East Harlem and the South Bronx, too many 

21   candlelight vigils for those who have been the 

22   victims of murder, of violence, simply because of 

23   their gender identity and expression.  No more.  

24   We say no more.  

25                At a time when walls are being built 


                                                               360

 1   and policies are being implemented that make us 

 2   less free, this bill does the complete opposite.  

 3   It embraces the very essence of what freedom is, 

 4   the very essence of what it is to be an American.  

 5   That we say that we are all free and that we all 

 6   should be protected by the laws and the rights 

 7   that any others take for granted.

 8                So again, it is just so amazing to 

 9   be part of this historic day.  I've been in the 

10   Senate for many years, but today feels so 

11   special.  And again, when we think about the 

12   legacy of the work that we do, this day will be 

13   one that we remember for many, many years.  

14                And again, referring back to my good 

15   friend Senator Hoylman, your legacy is so deep 

16   with the work that you've done, but none more 

17   important than the legacy to your two children 

18   and how this day will be impactful for 

19   generations to come.  

20                So thank you.

21                THE PRESIDENT:   Senator Kennedy to 

22   explain your vote.

23                SENATOR KENNEDY:   Thank you, 

24   Madam President.  

25                First of all, let me start by 


                                                               361

 1   thanking and congratulating once again this 

 2   bill's sponsor, Senator Hoylman, for your 

 3   steadfast attention and aggressive advocacy on 

 4   this issue.

 5                You know, it's fitting that we stood 

 6   up and applauded Senator Hoylman.  It's not very 

 7   often that that happens on this floor.  But this 

 8   is that important of an issue, with such an 

 9   overarching impact, not only on New York but on 

10   society.  And not just in this country, but 

11   across the globe.  Because we know how New York 

12   goes, so goes the rest of the nation and so goes 

13   the rest of the international community.

14                And New York has demonstrated that 

15   particularly as it pertains to LGBT issues.  And 

16   if we go back and we think about where this body 

17   has come from -- one of the proudest moments I've 

18   ever had on this floor was voting for marriage 

19   equality.  And that was eight years ago.  I can't 

20   remember since then when we voted on another 

21   LGBTQ issue in this chamber.  

22                It is so fitting that we move this 

23   today, because this is what the people of the 

24   State of New York need, this is what the people 

25   of this country need.  We need to demonstrate 


                                                               362

 1   what New York is all about.  It's standing up and 

 2   fighting against those that want to commit hate 

 3   crimes because someone is different.  It's 

 4   standing up and fighting against those that want 

 5   to discriminate against anyone for any reason 

 6   because they are different.

 7                But what this says today is that we 

 8   are -- no one is different, we are all normal.  

 9   We are all New Yorkers.  We are all Americans.  

10   We all deserve the same rights and respect and 

11   dignity as anyone else, regardless of who we are, 

12   what we look like, what our sexual orientation 

13   is, where we come from, what our socioeconomic 

14   status is.  That's what New York is all about.

15                And by passing GENDA today, we are 

16   putting all New Yorkers in the same boat, moving 

17   forward and demonstrating to the rest of the 

18   nation that New York will lead on these human 

19   rights issues.

20                I want to recognize some folks in 

21   this chamber today.  From the Human Rights 

22   Campaign, Marty Rouse is here.  From Buffalo we 

23   have, from the Stonewall Democrats, the 

24   president, Bryan Ball.  And from the transgender 

25   community, and the vice president of Stonewall, 


                                                               363

 1   we have Ari Moore.  

 2                And from Buffalo to the tip of 

 3   Long Island and everywhere in between, we can 

 4   celebrate that New York cares about human rights 

 5   today.  I'm proud once again, as never before, to 

 6   stand on this floor and vote in favor of this 

 7   all-important, all-encompassing human rights 

 8   bill.  

 9                I vote aye, Madam President.  Thank 

10   you.

11                THE PRESIDENT:   Thank you, 

12   Senator Kennedy.

13                Senator Sanders to explain your 

14   vote.

15                SENATOR SANDERS:   Thank you, 

16   Madam President.

17                In a few days we'll celebrate Martin 

18   Luther King's birthday.  I want to remind you 

19   that he said that injustice anywhere is a threat 

20   to justice everywhere.  

21                (Applause from galleries.)

22                SENATOR SANDERS:   This is how we 

23   need to look at this.  We need to understand that 

24   it's not going to happen to just one group.  If 

25   they come for the transgenders in the morning, 


                                                               364

 1   they're coming for others at night.

 2                So with that understanding and the 

 3   understanding that there has to be solidarity to 

 4   beat back all of these folks who talk of hate and 

 5   finding ways of closing people out all -- all of 

 6   that stuff needs to be pushed back, and the best 

 7   that we can do it with is solidarity and an 

 8   understanding that we are one family, and that's 

 9   the human family.  And if we can just get that, 

10   we'd make some difference.

11                I'm honored to sit next to my 

12   esteemed Senator, who's got a rousing hand clap 

13   today.  Probably may be your last, but that's all 

14   right.  

15                (Laughter.)

16                SENATOR SANDERS:   That's all right.  

17   You got it, and it still echoes.

18                We are going to ensure that this law 

19   does not further penalize and criminalize people 

20   of color.  We're going to do some other things to 

21   make sure that we have a fair accounting of all 

22   of these things.  

23                My friends, let's do one thing and 

24   understand this.  By today's action we are saying 

25   New York State will not tolerate bullying or 


                                                               365

 1   violence against any of its residents, anyone.  

 2   No one will be left out this time around, any of 

 3   its residents.

 4                It also shows great things about the 

 5   leadership of this conference.  Is this the 

 6   second day?  It sounds like we moved a million 

 7   things already.  A million more to go.  The 

 8   leadership is doing some incredible things, and 

 9   that should be pointed out.  

10                And I'm glad to vote for this 

11   measure to ensure that, again, that everyone 

12   understands that a threat to justice anywhere is 

13   a threat to justice everywhere.

14                Thank you.

15                THE PRESIDENT:   Thank you, 

16   Senator Sanders.  

17                Senator Akshar to explain your vote.

18                SENATOR AKSHAR:   Madam President, 

19   thank you.  

20                Before I begin, allow me to 

21   congratulate my colleague on something that I 

22   know he's incredibly passionate about.  

23                I think we can all agree that 

24   government exists to protect the rights and to 

25   protect the safety of all of its citizens.  Let 


                                                               366

 1   me be clear about something.  No one in our great 

 2   state should be discriminated against because of 

 3   their race, their religion, their sexual 

 4   preference, their gender or their beliefs.  And 

 5   we should work every day, Republicans and 

 6   Democrats, to ensure that our laws that we 

 7   advance do so.

 8                I agree with some of the provisions 

 9   of this bill and have no doubt that in fact it is 

10   well-intentioned.  But so often in government, 

11   well-intentioned actions have unintended 

12   consequences.  The bill as currently authored has 

13   far too many unintended consequences for me to be 

14   able to support it.  In my humble opinion, it 

15   goes too far and crosses over into the rights of 

16   the safety and privacy of other New Yorkers.  

17                The vague language used in this bill 

18   leaves open the door for misuse and abuse by 

19   individuals that none of us in this body have any 

20   intention of protecting.  And my fear is is that 

21   the broad scope of this bill will leave the door 

22   open for child predators and sexual predators to 

23   abuse and misuse the law for their own purposes.

24                (Vocal disagreement.)

25                THE PRESIDENT:   Order.  Maintain 


                                                               367

 1   order in the chambers.

 2                SENATOR AKSHAR:   Thank you, 

 3   Madam President.  

 4                And for that, I cannot support this 

 5   bill.

 6                Let me be clear about something.  

 7   And let us all agree that we are in fact all 

 8   God's children.  We all agree that no individual 

 9   should ever be discriminated against or feel 

10   unsafe because of their sexual preference, their 

11   gender, the color of their skin or their religion 

12   or their beliefs.

13                But it frustrates me and disappoints 

14   me that a bill aimed at fighting discrimination 

15   itself includes the kind of broad, ill-defined 

16   and irresponsibly drafted language that could be 

17   used to target and discriminate {against} other 

18   New Yorkers.  Well-intentioned, terribly 

19   executed.  For that, I vote no.

20                THE PRESIDENT:   Senator May to 

21   explain your vote.

22                SENATOR MAY:   Thank you, 

23   Madam President.  

24                I'm proud to cast my vote in favor 

25   of this bill, and I do it in honor and memory of 


                                                               368

 1   Marthe Reed.  Marthe was an American poet and 

 2   educator.  She was my neighbor and friend.  And 

 3   she was the mother of a trans child, the loving 

 4   mother of a trans child.  

 5                Martha was angry and passionate 

 6   about a lot of forms of injustice, but GENDA was 

 7   her particular concern.  I think her passion may 

 8   have taken her life last year; she died of a 

 9   massive stroke during a political meeting.  And I 

10   vowed to myself after that that if I got elected, 

11   that one of the first things I would do was push 

12   to pass GENDA.  

13                So I'm very grateful to Senator 

14   Hoylman, to the Majority Leader, and to my 

15   colleagues for helping me keep that promise.

16                Thank you.

17                THE PRESIDENT:   Thank you, Senator.

18                Senator Salazar to explain your 

19   vote.

20                SENATOR SALAZAR:   Thank you, 

21   Madam President.  

22                I want to thank Senator Hoylman for 

23   his leadership on this.  I'm thrilled for us to 

24   finally act to protect trans and 

25   gender-nonconforming New Yorkers from 


                                                               369

 1   gender-based discrimination.

 2                I remain concerned about the hate 

 3   crimes component of the bill.  We know that due 

 4   to racial bias in our criminal justice system, 

 5   New Yorkers of color are disproportionately 

 6   prosecuted for hate crimes, among other offenses, 

 7   and subjected to enhanced sentencing.  

 8                This concern has been raised by 

 9   advocates in my district, and I share their 

10   concern.  I look forward to working with 

11   Senator Hoylman and with all of you to find a way 

12   to address this concern by fighting to eliminate 

13   racial bias as well as gender bias in our 

14   criminal justice system.  

15                In this instance, as no new crimes 

16   and no new penalties are being created, I'm proud 

17   and honored to vote for GENDA and to support the 

18   human rights of all transgender and nonbinary 

19   New Yorkers.  

20                Thank you.

21                THE PRESIDENT:   Thank you, Senator.

22                Senator Jackson to explain your 

23   vote.

24                SENATOR JACKSON:   Thank you, 

25   Madam President.  


                                                               370

 1                Good afternoon to my colleagues and 

 2   people that are present here to witness this 

 3   historic event in the Senate chambers.

 4                As I indicated to my colleagues 

 5   yesterday, I represent Manhattan, all parts of 

 6   it, all type of individuals -- young and old, 

 7   straight and gay, transgender or not.  The bottom 

 8   line is that we are all brothers and sisters of 

 9   this human race.  

10                And, you know, as an individual 

11   growing up in New York City, I've given blood.  

12   I've given, you know, my body; I've signed the 

13   back of my driver's license so if I'm brain-dead, 

14   I'm going to use myself to help other people 

15   live, and it doesn't matter what your race, 

16   color, creed, national origin or sexual 

17   orientation.

18                I rise today also to let you know 

19   that on my Twitter account it says, besides who I 

20   am and that I'm a district leader, that I'm an 

21   advocate for education, I'm an advocate for 

22   affordable housing, I'm an advocate -- and the 

23   last thing I say, I'm an advocate for GENDA.  And 

24   so if I did not stand up today to let you know 

25   that, then I'm not doing my job, I'm not 


                                                               371

 1   advocating for the people that I represent.

 2                And I say to all of you that members 

 3   of my immediate family and extended family are 

 4   part of the LGBTQT group.  And not only that, 

 5   I've had staff in the City Council, and currently 

 6   in the State Senate.  And I'm here to represent 

 7   all of them, and I don't want anyone 

 8   discriminating against them or anyone else.

 9                And I hear all the time in the news 

10   about people discriminating against blacks, 

11   against whites, against Jews, against Muslims.  

12   Enough of this hate stuff.  And that's what this 

13   is about today:  Giving people the right to say 

14   who they are, to be proud of who they are and be 

15   able to say that if in fact someone discriminates 

16   against me for my job or employment or any other 

17   type of expressions of hate, there's a penalty 

18   you're going to pay.

19                But our job is to try to educate 

20   people about the differences of all of us in our 

21   community.  And with that, Madam President, I ask 

22   those individuals that have been involved from 

23   day one, from 13 years ago, to be involved in 

24   this GENDA being passed today, and those that 

25   have worked on it, I ask you to raise your hand 


                                                               372

 1   if you're in the audience.  I thank you for your 

 2   advocacy on behalf of not only yourselves, but 

 3   all of the people of out of great state.

 4                I vote aye, Madam President.

 5                THE PRESIDENT:   Thank you, Senator.

 6                Senator Harckham to explain your 

 7   vote.

 8                SENATOR HARCKHAM:   Thank you, 

 9   Madam President.  

10                And I want to congratulate Senator 

11   Hoylman for his great advocacy.  And colleagues 

12   who have been here a while, much longer than I, I 

13   thank you for your efforts and your perseverance.

14                I just wanted to mention Kristen 

15   Browde, who Senator Hoylman referred to.  She is 

16   a constituent and a friend -- and what a fierce 

17   advocate she is.  I congratulate her on this day.

18                This, ladies and gentlemen, is just 

19   about basic human rights.  We are talking about 

20   equal protection under the law for all 

21   New Yorkers.  It's a simple concept, and yet it 

22   has not applied to all for far too long.  I come 

23   out of the affordable housing world, and so many 

24   people have lost housing because they did not 

25   have a law like this to protect them from 


                                                               373

 1   discrimination because of their gender identity.  

 2   Nobody should live in fear of losing an 

 3   apartment, a house, a lease because of their 

 4   gender identity.  

 5                And we heard about the violence 

 6   against our trans brothers and sisters.  Higher 

 7   rates of suicide, higher rates of substance 

 8   abuse, higher rates of homelessness.

 9                So again, this is about basic human 

10   rights, equal protection under the law.  I am 

11   proud to vote aye.  Thank you.

12                THE PRESIDENT:   Thank you, Senator.

13                Senator Biaggi to explain your vote.

14                SENATOR BIAGGI:   Thank you, 

15   Madam President.  

16                Equal treatment is a core of a real 

17   democratic society.  I am proud that in our first 

18   week of passing legislation that we are taking on 

19   the long-overdue task of expanding full rights 

20   and equal treatment to the LGBTQ community.  

21                I applaud my colleague Senator 

22   Hoylman for your bravery, for your tenacity, for 

23   your perseverance.  You represent what I hope to 

24   also have as a State Senator in this conference.  

25                I'm proud to stand with this 


                                                               374

 1   conference.  I am proud to vote yes.  And I am 

 2   dedicating my vote to my friend and a fierce 

 3   advocate who is right up there, Kristen Browde.  

 4   Thank you for all that you've done for all of us 

 5   to get here today as well.

 6                Thank you.

 7                THE PRESIDENT:   Thank you, Senator.

 8                Senator Skoufis to explain your 

 9   vote.

10                SENATOR SKOUFIS:   Thank you, 

11   Madam President.

12                For the past six legislative 

13   sessions, across the Capitol in the Assembly I 

14   have seen and participated in this debate.  We 

15   have passed GENDA year after year after year only 

16   to see it die on arrival here in the State Senate 

17   for the past six years.

18                And I am so proud that on our third 

19   legislative day, our second day of legislative 

20   activity here in the State Senate, that we will 

21   now finally move this bill forward and get it 

22   enacted into law in the next two weeks.

23                Let me be clear.  In the Assembly 

24   this was always the most, the most disheartening 

25   debate to listen to and, quite frankly, offensive 


                                                               375

 1   debate to listen to.  Where year after year, I 

 2   had to hear from opponents, and my colleagues who 

 3   strongly believe that this bill is a matter of 

 4   human rights and equality across the state, we 

 5   had to listen to opponents talk about not the 

 6   housing equality in this bill, not the education 

 7   equality in this bill, not the employment 

 8   equality that is in this bill, but talk about 

 9   bathrooms and locker rooms.  

10                And I had thought we were going to 

11   get through this debate without talking about 

12   bathrooms and locker rooms.  And I'm so 

13   disappointed that we could not quite get through 

14   this debate without doing so.

15                Putting aside the bizarro 

16   circumstances, this bizarro world where people 

17   are dressing up as men and women to sneak into 

18   locker rooms and bathrooms -- that's just not 

19   happening, ladies and gentlemen.  Putting that 

20   aside --

21                THE PRESIDENT:   Order in the 

22   chamber.

23                SENATOR SKOUFIS:   -- to my 

24   opponents who bring this up, are you more 

25   comfortable with someone who is dressed as a 


                                                               376

 1   woman and is a woman in a men's bathroom?  That 

 2   is crazy.  Even if you don't believe, if even if 

 3   you don't respect the gender identity of that 

 4   person, are you more comfortable with someone who 

 5   looks like a woman in a men's bathroom?  Come on.  

 6                This is the right thing to do.  I 

 7   congratulate Senator Hoylman and all the 

 8   advocates.  This is a proud day.

 9                THE PRESIDENT:   Thank you, Senator.

10                Senator Benjamin to explain your 

11   vote.

12                SENATOR BENJAMIN:   Thank you, 

13   Madam President.  

14                I don't want to repeat what's been 

15   said, but there's a couple of things I want to 

16   say.

17                First of all, I want to thank 

18   Senator Hoylman for his leadership, and those 

19   before him.  I want to thank our leader, Senator 

20   Andrea Stewart-Cousins, for helping us bring this 

21   bill to the floor so soon.

22                I just want to thank all of the 

23   activists who are here.  I cannot imagine what 

24   some have been through.  I know my family has had 

25   a lot of division because some members of my 


                                                               377

 1   family were proud to stand forward and say "I am 

 2   what I am, and everyone needs to accept it."

 3                I know in all of our families we 

 4   have had these issues.  Some of us don't want to 

 5   talk about it.  But the bottom line is we as 

 6   society have to be clear that every single human 

 7   has the right to be who they are, they have the 

 8   right to be respected, and they have the right to 

 9   live God's true vision for themselves.  Whatever 

10   it is that anyone wants to do in life, they 

11   should be able to do it and they should not feel 

12   ashamed of who they are, particularly within 

13   their own families.

14                I am honored today to vote for this 

15   bill.  It's part of the reason why I am a part of 

16   this party, the Democratic Party -- not to get 

17   political, I apologize.  I believe so strongly 

18   that when we stand here and vote for this bill, 

19   we are moving society forward in the right way.  

20                And whether you support this bill or 

21   you don't support this bill, this will be one of 

22   the most historic moments of this New York State 

23   Senate, and I'm glad to be here and glad to be a 

24   public servant on this very day.

25                Thank you, Madam President.


                                                               378

 1                THE PRESIDENT:   Thank you, Senator.

 2                Senator Gounardes to explain your 

 3   vote.

 4                SENATOR GOUNARDES:   Thank you, 

 5   Madam President.

 6                I went home yesterday after our long 

 7   marathon session and I thought to myself how 

 8   proud I was for all the votes that we took in 

 9   this chamber yesterday.  And I thought, you know, 

10   we have such an ambitious agenda, I'm going to 

11   hopefully have many more nights like this where I 

12   come home and I'm proud.  But today will probably 

13   take the cake for me in my legislative career in 

14   this chamber, because today is an especially 

15   proud moment for me.  

16                I teared listening to my colleague 

17   Senator Hoylman give his incredibly beautiful 

18   remarks.  And I think back to my entry into 

19   political activism.  It was about seven years ago 

20   in my neighborhood when I went to a rally in 

21   support of marriage equality in front of my State 

22   Senator's office.  And the response that we were 

23   met with at that rally was that "Constituents in 

24   my district don't give a rat's behind about 

25   marriage or about civil rights for individuals."  


                                                               379

 1                What a difference, what a difference 

 2   today is.  I'm proud to be a cosponsor of this 

 3   legislation.  I'm proud that today on my second 

 4   day of legislative business, one of the first 

 5   votes I'm casting in this chamber is to reverse 

 6   that trend that we so long dealt with in our 

 7   state, and to stand here as an ally and to say 

 8   it's a new day in New York.  It's a day when we 

 9   reaffirm the basic principle that it doesn't 

10   matter who you are or who you love, you will be 

11   treated with equal protection and dignity under 

12   the law.  How far we've come.  

13                Today is a proud day.  Today is a 

14   special day.  And I'm so honored to cast my vote 

15   in support of this legislation.  Thank you.

16                THE PRESIDENT:   Thank you, Senator.

17                Senator Carlucci to explain your 

18   vote.

19                SENATOR CARLUCCI:   Thank you, 

20   Madam President.

21                And I too want to lend my voice to 

22   what we've spoken about today and thank 

23   Senator Hoylman for his advocacy and all of the 

24   advocates that are here in the chamber and so 

25   many that I've met throughout the years.  


                                                               380

 1                We're fortunate, we've got the 

 2   Rockland Pride Center that's here today and has 

 3   really been helping so many people in our 

 4   community.  

 5                But today is about updating the 

 6   laws, about changing a flaw in the law.  The fact 

 7   that we do not treat everyone equally in all the 

 8   protections of the laws under New York State is 

 9   so wrong.

10                And I'm so proud to be here today, 

11   part of this chamber, casting this vote to 

12   finally have equal protections.  Over the years 

13   as a Senator and hearing the stories from 

14   hundreds of people sharing their stories, having 

15   that courage to talk about the situations of 

16   harassment and discrimination and all of that 

17   work, I'm so thankful to all of you for standing 

18   up, for sharing your stories, to give us the 

19   power to have this vote today.  

20                So I'm honored to cast my vote in 

21   favor of this legislation.  Thank you, 

22   Madam President.

23                THE PRESIDENT:   Thank you, Senator.

24                Senator Mayer to explain your vote.

25                SENATOR MAYER:   Thank you, Madam 


                                                               381

 1   Speaker.

 2                I'm proudly casting my vote in the 

 3   affirmative and want to give thanks to the 

 4   sponsor and those who were here before him who 

 5   have been fighting this battle for so long.  

 6                But I also want to give special 

 7   thanks to those in all of our communities, 

 8   including some of New York's conservative 

 9   communities, who have stepped forward and entered 

10   into civic life, and through that process they 

11   have changed the minds of those who years before 

12   would never have considered supporting this 

13   legislation.  They have shown extraordinary 

14   bravery by their presence, by their determination 

15   to make sure that they were seen as individuals 

16   deserving of respect.  

17                One of those people is here from the 

18   great City of Yonkers, Angie Powinski.  And there 

19   are so many others in every one of our 

20   communities.  And they have changed the minds of 

21   others because they have been courageous, they 

22   have not hid in fear, and they have forced the 

23   rest of the world to recognize that they are our 

24   neighbors, our family, and our citizens.  And we 

25   owe them this bill.  


                                                               382

 1                And I'm so pleased to cast my vote 

 2   in the affirmative.

 3                THE PRESIDENT:   Thank you, Senator.

 4                Senator Bailey to explain your vote.

 5                SENATOR BAILEY:   Thank you, 

 6   Madam President.  

 7                I would echo the sentiments of all 

 8   of my colleagues in thanking our leader for 

 9   expeditiously bringing this important bill to the 

10   floor.  

11                And Senator Hoylman, you are a 

12   profile in courage, sir.  Thank you for your 

13   passionate and extremely emotional statements 

14   today.  

15                I'll be very brief.  Senator Sanders 

16   invoked Martin Luther King, Jr., earlier and 

17   today was his birthday.  While it is observed 

18   Monday, today, January 15th, is his birthday.  

19   And to quote him again:  The time is always right 

20   to do what's right.

21                Whether you come from a religious 

22   family like me, where you've grown up in the 

23   church and you heard nonsensical statements 

24   thrown around which I won't repeat on this floor, 

25   to going to law school and speaking to people of 


                                                               383

 1   the LGBTQ community and understanding how they 

 2   live their lives.  Understanding that it's not 

 3   much different than a boy from the Bronx.  We all 

 4   want the same basic things.  Respect and rights, 

 5   that's what it comes down to.

 6                And when we pass legislation like 

 7   this, Madam President and my colleagues, the time 

 8   is right to do what's right.  I proudly vote aye, 

 9   Madam President, and I salute my colleagues who 

10   do as well.

11                THE PRESIDENT:   Thank you, Senator.

12                Senator Stavisky to explain your 

13   vote.

14                SENATOR STAVISKY:   Thank you, 

15   Madam President.  

16                Somebody here earlier today said 

17   that one of their proudest moments was sitting on 

18   the floor and voting for marriage equality.  I 

19   agree.  And today we're going to pass the GENDA 

20   bill and hopefully the ban of conversion therapy.  

21                These are monumental changes in 

22   attitudes.  We discovered that the world didn't 

23   come to an end when we let people marry whomever 

24   they choose.  

25                And I too congratulate 


                                                               384

 1   Senator Hoylman.  You are absolutely a role 

 2   model, not just for your two children but for the 

 3   entire community, whether you be straight or gay.  

 4                And I was thinking, sitting here, 

 5   what caused this breath of fresh air?  It's as 

 6   though a door opened and a rush of cold air came 

 7   in.  And I think a lot of it has to do with our 

 8   new members.  Because we are embarking on a new 

 9   journey.  It's going to be a great journey.  The 

10   world's not going to come to an end when we 

11   support everybody, we don't exclude anybody.  

12                So I vote aye very proudly.  Thank 

13   you.

14                THE PRESIDENT:   Thank you, Senator.

15                Senator Thomas to explain your vote.

16                SENATOR THOMAS:   Thank you, 

17   Madam President.  

18                First and foremost, I want to thank 

19   the sponsor of the bill.  And I want to thank the 

20   leadership in the Democratic Conference for 

21   pushing this forward on the second day here.

22                I also want everyone to remember 

23   something.  We are all human beings, and we 

24   should treat each other with respect.  I have 

25   listened to my Republican colleagues here, and I 


                                                               385

 1   completely disagree with their logic and why they 

 2   oppose this bill.  

 3                The LGBTQ community, they are not 

 4   asking for special rights.  They are asking for 

 5   the same rights that all of us have here in this 

 6   country.

 7                I also want to recognize David 

 8   Kilmnick, the president of the LGBTQ Network of 

 9   Long Island, for his leadership in pushing 

10   forward this bill.  

11                And I vote yes on this bill as well.

12                THE PRESIDENT:   Thank you, Senator.

13                Senator Gianaris to explain your 

14   vote.

15                SENATOR GIANARIS:   Thank you, 

16   Madam President.

17                It was my first year as a member of 

18   this body when I got to cast a vote in favor of 

19   marriage equality, and it's one of my proudest.  

20   I actually replaced a member who had previously 

21   voted no, and so I felt a special pride in 

22   helping to make it a reality after the 

23   unsuccessful vote a few years prior.  I know 

24   Tim Kennedy was in a similar circumstance at the 

25   time.


                                                               386

 1                But it's been eight long years since 

 2   we've taken up anything relevant to the LGBTQ 

 3   community since.  And I can think of no better 

 4   example of this new New York Senate, of this new 

 5   Majority, than that we don't treat people like 

 6   members of an interest group whose box we check 

 7   and then tell them "Wait a few years till you get 

 8   the next thing on your list."  

 9                We do things here because it's the 

10   right thing to do, because we care about our 

11   neighbors and we oppose discrimination.  That's 

12   what this bill is.  It is a simple bill that says 

13   people should not be discriminated against.  It 

14   should have happened a long time ago, but it's 

15   happening today.  And we can take pride that our 

16   new leader, Andrea Stewart-Cousins, is leading 

17   the way in making sure that this and other bills 

18   can happen.

19                The next bill is also a great bill, 

20   to ban conversion therapy.  Another one that 

21   should be easy, that other states have done a lot 

22   more easily than us.  

23                And so I want to give special thanks 

24   to Brad Hoylman, someone who has been fighting 

25   this fight year after year and has been a 


                                                               387

 1   tremendous champion of this community and of this 

 2   state.  

 3                And say that after eight years it's 

 4   a great bookend.  One of my first votes was one I 

 5   was very proud of, to make sure that our brothers 

 6   and sisters in the LGBT community are treated 

 7   equally, and this vote today is doing the same 

 8   thing.  

 9                It is such a momentous occasion, 

10   Madam President, I would also ask you as I 

11   conclude my remarks to welcome a great leader to 

12   this chamber.  He's clean-shaven, so you may not 

13   recognize him -- 

14                (Laughter.)

15                SENATOR GIANARIS:   -- but the 

16   Speaker of the City Council, Corey Johnson, has 

17   joined us as well.

18                (Applause.)

19                SENATOR GIANARIS:   And I proudly 

20   cast my vote in the affirmative.

21                THE PRESIDENT:   Thank you, Senator.

22                Seeing and hearing no other Senator 

23   that wishes to explain their vote, I call on 

24   Majority Leader Andrea Stewart-Cousins to close.

25                SENATOR STEWART-COUSINS:   Thank 


                                                               388

 1   you, Madam President.

 2                So here we go again.  I'm excited.  

 3   I'm always excited.  But it's just another day of 

 4   tearing down barriers.  So obviously there's 

 5   great anticipation and there's great energy in 

 6   this chamber, and it's for the right reasons.  

 7                But as Senator Bailey said, I think 

 8   of it as a great tribute to Dr. King on his 

 9   birthday.  He stood, as you know, for equality, 

10   and he wasn't thinking about how that could be 

11   packaged.  He just understood that essentially it 

12   was not okay to say "this person is more equal 

13   that that person."

14                And here we are at a moment on his 

15   birthday saying not only his words and respecting 

16   his memory, but doing what he would expect us to 

17   do.  

18                He always said "Darkness cannot 

19   drive out darkness.  Light is the only thing that 

20   can do that.  Hate can't drive out hate, only 

21   love does that."

22                What we are doing today is bringing 

23   the light, we're bringing the love, and we're 

24   saying that New York State is a place for 

25   everyone.  


                                                               389

 1                It is, as Senator Gianaris said, a 

 2   new New York Senate.  It's a new day.  And like 

 3   he and many of us here in the chamber, we were 

 4   proud when we were able to pass marriage equality 

 5   eight years ago.  None of us would have thought 

 6   that it would take eight years to get to this 

 7   place.  But we're here.  We are all here.

 8                And I want to thank Senator Hoylman 

 9   in particular, because you have been steadfast, 

10   you have been patient.  

11                Every day that people -- in one way 

12   or another, by not addressing the LGBTQ 

13   community, you were being told maybe that you 

14   just weren't -- didn't matter.  Today this 

15   chamber is saying that you matter.  That we all 

16   matter.  It is a great day when we can pass 

17   legislation that impacts people's lives, and that 

18   we can impact people's futures.  We're doing that 

19   today.  

20                So when we go out into our districts 

21   over the weekend, and I know we will, and we will 

22   be with community and we'll be invoking the 

23   memory of Dr. King and talking about the 

24   importance of his message, especially at a time 

25   like this, we can also say that we did something, 


                                                               390

 1   that that memory is alive in the New York State 

 2   Senate.  

 3                I vote aye.

 4                (Applause.)

 5                THE PRESIDENT:   Thank you, 

 6   Majority Leader.

 7                Announce the results.

 8                THE SECRETARY:   Those recorded in 

 9   the negative on Calendar Number 2 are 

10   Senators Akshar, Amedore, Antonacci, Felder, 

11   Funke, Gallivan, Griffo, Helming, Jordan, 

12   LaValle, O'Mara, Ortt, Ranzenhofer, Ritchie, 

13   Robach, Serino, Seward, Tedisco and Young.  

14                Ayes, 42.  Nays, 19.

15                THE PRESIDENT:   The bill is passed.  

16                (Loud cheering; lengthy standing 

17   ovation.)

18                THE PRESIDENT:   Senator Gianaris.

19                SENATOR GIANARIS:   Okay.

20                (Laughter.)

21                SENATOR GIANARIS:   Madam President, 

22   as we take up the remainder of the 

23   noncontroversial reading of the calendar, I would 

24   remind my colleagues we do have the Governor's 

25   presentation to go to at 2 p.m., so I would 


                                                               391

 1   ask -- I know Senator Hoylman is speaking on this 

 2   next bill, and any members that haven't had a 

 3   chance to speak on the one we just passed should 

 4   feel free to speak.  But I would ask my remaining 

 5   colleagues to please try and withhold your 

 6   comments, if you just made some, so we can make 

 7   it to the Governor's presentation.

 8                THE PRESIDENT:   The Secretary will 

 9   read.

10                THE SECRETARY:   Senator Hoylman 

11   moves to discharge, from the Committee on Rules, 

12   Assembly Bill Number 576 and substitute it for 

13   the identical Senate Bill Number 1046, Third 

14   Reading Calendar 1.

15                THE PRESIDENT:   The substitution is 

16   so ordered, and the Secretary will read.

17                THE SECRETARY:   Calendar Number 1, 

18   by Assemblymember Glick, Assembly Bill 576, an 

19   act to amend the Education Law.

20                THE PRESIDENT:   Read the last 

21   section.

22                THE SECRETARY:   Section 4.  This 

23   act shall take effect immediately.

24                THE PRESIDENT:   Call the roll.

25                (The Secretary called the roll.)


                                                               392

 1                THE PRESIDENT:   Senator Metzger to 

 2   explain your vote.

 3                SENATOR METZGER:   Thank you very 

 4   much, Madam President.  

 5                I want to thank Senator Hoylman and 

 6   the leader and everyone for their work in the 

 7   passage of both of these important bills.  The 

 8   fact that we are in the position of having to 

 9   adopt this legislation, the fact that there is a 

10   need for this legislation, demonstrates that the 

11   passage of GENDA does not mark the end of our 

12   work by any means.

13                We, all of us, have a lot of work to 

14   do in our communities, in our schools and in our 

15   institutions to model the values enshrined in 

16   that legislation and to educate and elevate 

17   awareness that discrimination in all forms is 

18   unacceptable and will not be tolerated.

19                I proudly cosponsor both of these 

20   bills and am committed to doing this work.

21                Thank you.

22                THE PRESIDENT:   Thank you, Senator.

23                Seeing and hearing no other Senators 

24   that wish to explain their vote, Senator Hoylman 

25   to close.


                                                               393

 1                SENATOR HOYLMAN:   Thank you, 

 2   Madam President.  

 3                I only have one epic speech in me 

 4   per lifetime, so I'm going to be very brief, by 

 5   just thanking my colleagues and in particular, 

 6   again, Senator Gianaris who was the original 

 7   prime cosponsor of this legislation.  

 8                We held a forum back on May 14th of 

 9   2014 with a number of advocates, one of whom is 

10   here today who I wish to recognize:  Mathew 

11   Shurka, from the Born Perfect Campaign.  Mathew 

12   has shared his story about the pernicious effect 

13   of so-called conversion therapy on him personally 

14   and on his family structure.  

15                Those personal stories, 

16   Madam President, have compelled us today to join 

17   other states in banning this practice of gay 

18   conversion therapy.  

19                Groups such as the New York State 

20   Psychiatric Association, the New York State 

21   Psychological Association, the New York State 

22   Academy of Family Physicians have condemned 

23   conversion therapy.  We've been helped, though, 

24   by organizations like HRC, Rise Out, Equality 

25   New York, the National Association of Social 


                                                               394

 1   Workers, Lambda Legal, the LGBT Bar, NYCLU, and 

 2   the New York Transgender Advocacy Group.

 3                The bottom line is our children are 

 4   born perfect.  That's the tag line of the 

 5   campaign, and that's the message we are sending 

 6   to families and children today.  

 7                I vote aye, Madam President.

 8                THE PRESIDENT:   Thank you, Senator.

 9                Announce the results.

10                THE SECRETARY:   Those recorded in 

11   the negative on Calendar Number 1 are 

12   Senators Amedore, Felder, Gallivan and LaValle.  

13                Ayes, 57.  Nays, 4.

14                THE PRESIDENT:   The bill is passed.

15                (Cheers; applause.)

16                THE PRESIDENT:   The Secretary will 

17   read.  

18                THE SECRETARY:   Calendar Number 10, 

19   by Senator Bailey, Senate Print 1190, an act to 

20   amend the Judiciary Law.

21                THE PRESIDENT:   Read the last 

22   section.

23                THE SECRETARY:   Section 4.  This 

24   act shall take effect immediately.

25                THE PRESIDENT:   Call the roll.


                                                               395

 1                (The Secretary called the roll.)

 2                THE PRESIDENT:   Announce the 

 3   results.

 4                THE SECRETARY:   Those recorded in 

 5   the negative on Calendar Number 10 are 

 6   Senators Antonacci, Funke, Gallivan, Griffo, 

 7   Helming, Jordan, Kaminsky, Little, O'Mara, Ortt, 

 8   Ranzenhofer, Ritchie, Robach, Seward, Tedisco and 

 9   Young.

10                Ayes, 45.  Nays, 16.

11                THE PRESIDENT:   The bill is passed.

12                THE SECRETARY:   Calendar Number 11, 

13   by Senator Comrie, Senate Print 1191, an act to 

14   amend a chapter of the Laws of 2018.

15                THE PRESIDENT:   Read the last 

16   section.

17                THE SECRETARY:   Section 5.  This 

18   act shall take effect on the same date and in the 

19   same manner as a chapter of the Laws of 2018.

20                THE PRESIDENT:   Call the roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                THE PRESIDENT:   The bill is passed.

24                THE SECRETARY:   Calendar Number 12, 

25   by Senator Bailey, Senate Print 1192, an act to 


                                                               396

 1   amend the Economic Development Law.

 2                ACTING PRESIDENT SEPÚLVEDA:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT SEPÚLVEDA:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT SEPÚLVEDA:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 13, 

13   by Senator Stewart-Cousins, Senate Print 1193, an 

14   act to amend a chapter of the Laws of 2018.

15                ACTING PRESIDENT SEPÚLVEDA:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the same date and in the 

19   same manner as a chapter of the Laws of 2018.

20                ACTING PRESIDENT SEPÚLVEDA:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT SEPÚLVEDA:    

24   Announce the results.

25                THE SECRETARY:   Ayes, 61.


                                                               397

 1                ACTING PRESIDENT SEPÚLVEDA:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 14, 

 4   by Senator Sanders, Senate Print 1194, an act to 

 5   amend a chapter of the Laws of 2018.

 6                ACTING PRESIDENT SEPÚLVEDA:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the same date and in the 

10   same manner as a chapter of the Laws of 2018.

11                ACTING PRESIDENT SEPÚLVEDA:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT SEPÚLVEDA:    

15   Announce the results.

16                THE SECRETARY:   Those recorded in 

17   the negative on Calendar Number 14 are 

18   Senators Akshar, Ortt and Skoufis.

19                Ayes, 58.  Nays, 3.

20                ACTING PRESIDENT SEPÚLVEDA:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 15, 

23   by Senator Bailey, Senate Print 1195, an act to 

24   amend a chapter of the Laws of 2018.

25                ACTING PRESIDENT SEPÚLVEDA:   Read 


                                                               398

 1   the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the same date and in the 

 4   same manner as a chapter of the Laws of 2018.

 5                ACTING PRESIDENT SEPÚLVEDA:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT SEPÚLVEDA:    

 9   Announce the results.

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT SEPÚLVEDA:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 16, 

14   by Senator Breslin, Senate Print 1196, an act to 

15   amend the Insurance Law.

16                ACTING PRESIDENT SEPÚLVEDA:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the same date and in the 

20   same manner as a chapter of the Laws of 2018.

21                ACTING PRESIDENT SEPÚLVEDA:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT SEPÚLVEDA:    

25   Announce the results.


                                                               399

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT SEPÚLVEDA:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 17, 

 5   by Senator Metzger, Senate Print 1263, an act to 

 6   amend the Tax Law and the Alcoholic Beverage 

 7   Control Law.

 8                ACTING PRESIDENT SEPÚLVEDA:   Read 

 9   the last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect on the same date and in the 

12   same manner as Chapter 522 of the Laws of 2018.

13                ACTING PRESIDENT SEPÚLVEDA:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT SEPÚLVEDA:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT SEPÚLVEDA:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 18, 

22   by Senator Gianaris, Senate Print 1264, an act to 

23   amend the Civil Practice Law and Rules.

24                ACTING PRESIDENT SEPÚLVEDA:    Hold 

25   on.  Hold on.


                                                               400

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Mr. President, I 

 3   mentioned yesterday we were going to be doing a 

 4   lot of this.  But let's pause and recognize that 

 5   Senator Metzger just passed her first bill in the 

 6   Senate. 

 7                (Applause.)

 8                ACTING PRESIDENT SEPÚLVEDA:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 18, 

11   by Senator Gianaris, Senate Print 1264, an act to 

12   amend the Civil Practice Law and Rules.

13                ACTING PRESIDENT SEPÚLVEDA:   Read 

14   the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the same date and in the 

17   same manner as a chapter of the Laws of 2018.

18                ACTING PRESIDENT SEPÚLVEDA:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT SEPÚLVEDA:    

22   Announce the results.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT SEPÚLVEDA:   The 

25   bill is passed.


                                                               401

 1                THE SECRETARY:   Calendar Number 19, 

 2   by Senator Funke, Senate Print 1276, an act to 

 3   amend the Education Law.

 4                ACTING PRESIDENT SEPÚLVEDA:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the same date and in the 

 8   same manner as a chapter of the Laws of 2018.

 9                ACTING PRESIDENT SEPÚLVEDA:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT SEPÚLVEDA:    

13   Announce the results.

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT SEPÚLVEDA:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 20, 

18   by Senator Gounardes, Senate Print 1277, an act 

19   to amend the Tax Law.

20                ACTING PRESIDENT SEPÚLVEDA:   Read 

21   the last section.

22                THE SECRETARY:   Section 4.  This 

23   act shall take effect on the same date and in the 

24   same manner as a chapter of the Laws of 2018.

25                ACTING PRESIDENT SEPÚLVEDA:   Call 


                                                               402

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT SEPÚLVEDA:    

 4   Announce the results.  Oh, hold on.

 5                Senator Ortt to speak.

 6                SENATOR ORTT:   Yes, thank you, 

 7   Mr. President, I just want to explain my vote.

 8                I actually applaud the fact that 

 9   this bill speeds up the expiration of what I feel 

10   is an unbelievably massive giveaway of taxpayer 

11   dollars to an industry which also happens to 

12   overwhelmingly support the Governor and the 

13   Majority in this house, to the tune of about 

14   $450 million.  

15                So we're giving half a billion 

16   dollars away to an industry -- and I'm certain 

17   there's jobs that have been created, but I don't 

18   know if the return on investment and the jobs 

19   created even come close or that anyone has been 

20   able to tell me that it comes close to justifying 

21   the $450 million giveaway that we have done in 

22   this state for several years.

23                I opposed it when it was carried by 

24   my colleague in this house, and I will continue 

25   to oppose it even though it is now carried by the 


                                                               403

 1   member of the Majority.

 2                So I applaud that we're speeding up 

 3   the expiration, but I would hope that we would 

 4   just let it expire, let it die.  Let's take that 

 5   half a billion dollars and put it either to tax 

 6   cuts, put it to infrastructure spending, or some 

 7   other use that I think is much more in line with 

 8   the needs of all New Yorkers.  

 9                I vote no, Mr. President.

10                ACTING PRESIDENT SEPÚLVEDA:   

11   Senator Sanders to explain his vote.  

12                SENATOR SANDERS:   Yes.  The points 

13   that my colleague has raised are worthy points 

14   and should be looked into.  We have an obligation 

15   to the people of New York.  They are worthy.  

16   Every tax dollar that we do should return at 

17   least one, if not many more so.  So we should 

18   look into the points that he has made.  

19                I have been led to believe that this 

20   is a good thing for the state.  I have other 

21   concerns on this.  I toured one of the leading 

22   film studios, and I saw an incredible lack of 

23   diversity there.  I did not see the State of 

24   New York reflected.  

25                I have shared this with the industry 


                                                               404

 1   and look forward to continued dialogue with them 

 2   to see what we can do, especially if we're using 

 3   taxpayer dollars to ensure that they're hiring 

 4   the people of New York and not just one group, 

 5   the traditional group.  

 6                So I believe that they are going to 

 7   look into this.  I'm not opposed to looking into 

 8   every part of this to make sure that it is doing 

 9   what it's supposed to do.  At this moment, I'm 

10   going to vote yes for this.

11                Thank you.

12                ACTING PRESIDENT SEPÚLVEDA:    

13   Announce the results.

14                THE SECRETARY:   Those recorded in 

15   the negative on Calendar Number 20 are 

16   Senators Akshar, Antonacci, Boyle, Ortt, 

17   Ranzenhofer and Salazar.  

18                Ayes, 55.  Nays, 6.

19                ACTING PRESIDENT SEPÚLVEDA:   The 

20   bill is passed.

21                Recognize Senator Gianaris.  

22                SENATOR GIANARIS:   And that was 

23   Senator Gounardes's first bill passage in the 

24   Senate.  Congratulations.

25                (Applause.)


                                                               405

 1                ACTING PRESIDENT SEPÚLVEDA:    

 2   Congratulations, Senator.  

 3                The bill is passed.

 4                SENATOR GIANARIS:   Mr. President, 

 5   on behalf of Senator Andrea Stewart-Cousins, our 

 6   leader, there are hand-ups related to conference 

 7   memberships and committee assignments.  I ask 

 8   that they be filed in the Journal.

 9                ACTING PRESIDENT SEPÚLVEDA:   The 

10   hand-ups have been received and will be filed in 

11   the Journal.

12                SENATOR GIANARIS:   And on behalf of 

13   Senator Flanagan, Leader Stewart-Cousins also 

14   hands up additional committee assignments and 

15   conference membership lists that I ask be filed 

16   in the Journal.

17                ACTING PRESIDENT SEPÚLVEDA:   The 

18   hand-up is received and will be filed in the 

19   Journal.

20                SENATOR GIANARIS:   Mr. President, 

21   is there any further business at the desk?

22                ACTING PRESIDENT SEPÚLVEDA:   There 

23   is no further business at the desk.

24                SENATOR GIANARIS:   That being the 

25   case, I move to adjourn until Tuesday, 


                                                               406

 1   January 22nd, at 2:00 p.m., intervening days 

 2   being legislative days.

 3                ACTING PRESIDENT SEPÚLVEDA:   On 

 4   motion, the Senate stands adjourned until 

 5   Tuesday, January 22nd, at 2:00 p.m., intervening 

 6   days being legislative days.

 7                (Whereupon, at 1:04 p.m., the Senate 

 8   adjourned.)

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