News : POLITICO New Jersey Playbook: It's not just Ohio: N.J. bill has genital checks to guard against transgender athletes

Friday, June 10, 2022

POLITICO New Jersey Playbook: It's not just Ohio: N.J. bill has genital checks to guard against transgender athletes

Jun 10, 2022

Presented by New Jerseyans for Affordable Rx

Good Friday morning!

The Ohio House of Representatives last week got some national media attention for passing a bill to keep transgender kids out of girls' sports. How? Simple. Anyone accused of being transgender would just have to present a doctor's note indicating the student's sex based on: Their internal and external sexual anatomy, their "normal endogenously produced levels of testosterone" and an "analysis of the participant's genetic makeup." It's that easy!

Here's the thing: That language isn't unique to Ohio. Virtually identical sex check requirements are in bills that have passed or been proposed around the country. That includes New Jersey's "Fairness in Women's Sports Act," which would apply to high school and college athletes. Read the GOP-proposed bill here. The sex check requirements are virtually identical, and it's really not clear if a student would have to undergo just one of them or all three.

In fairness, I can think of instances in which a doctor, having seen a student before, can attest to what their genitals look like without having to do a new exam (though a doctor told an Ohio newspaper that it's not standard practice). But testosterone checks and genetic analyses?

The bill's top sponsor, Sen. Michael Testa (R-Cumberland), told me he doesn't have a problem with that language but would be open to compromise if Democrats are willing to take up the bill.

"The spirit of intent of my bill would be just to make sure that before any athlete ever stepped on the field, that they have seen a doctor and they are in fact a biological female," Testa, who played Division 1 tennis in college, said. "I can tell you that from being an NCAA athlete, we were subject to both random drug screening by the NCAA and random drug screening by Villanova University. I can tell you, it's pretty invasive. You go in the middle of the locker room and in order to have a urine test done, they watch you in full sight."

But the way I read the bill , any student could be forced to go through these tests by simply being accused of being transgender. Testa doesn't think abuse will be a problem.

"I don't think it's the case where an angry mom or dad in the stands is going to demand inspection of any athletes," he said. Testa has a lot of faith in vicariously-competitive parents.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 114

WHERE'S MURPHY? — Out-of-state from this afternoon until Saturday. The governor's office did not offer any more details.

QUOTE OF THE DAY : "While respecting their good intentions, I suffer from paranoia informed by decades of struggles by the community against attempts to privatize and commercialize the open space treasure or otherwise wrest control of park planning from the public." — Assemblymember Raj Mukherji (D-Hudson) on the new Liberty State Park bill for which Gov. Murphy is (kind of) signaling support.

HAPPY BIRTHDAY — State Sen. Vince Polistina. Saturday for former Senate Prez Steve Sweeney, GSE founder Seven Goldsttein, AMG's Marshall Spevak, comedian Joey Novick, Hunterdon County Clerk Mary Melfi, New Hampshire congressional candidate Matt Mowers. Sunday for Assemblymember Don Guardian, former Assemblymember John Armato, Center on Budget's Jon Whiten, Camden County Attorney Matt White.

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

A message from New Jerseyans for Affordable Rx:

Costs in New Jersey are sky high – and that includes prescription drug costs. Every year, Big Pharma raises the price of life-saving medications. Fortunately, pharmacy benefit managers (PBMs) negotiate with drug companies to reduce Rx costs for patients. As this legislative session ends, let's remind our representatives to support patient advocates like PBMs and make all entities in the drug supply chain do their part to lower costs. https://www.affordablerxnj.com/.

WHAT TRENTON MADE

YOU CAN'T IMPROVE PERFECTION — Bidding kicks off for long-awaited Penn Station redevelopment, by POLITICO's Danielle Muoio Dunn: Officials in New York, New Jersey and the nation's largest passenger rail service are finally all on board for Penn Station's long-delayed redevelopment, Gov. Kathy Hochul announced Thursday, as she formally kicked off the bidding process for the busy transit hub's anticipated multi-billion-dollar face-lift. Hochul was joined by Mayor Eric Adams, New Jersey Gov. Phil Murphy and leadership from Amtrak to announce that the state is officially accepting bids from architectural and engineering firms to redesign the midtown Manhattan nerve center linking commuters to the Garden State and Long Island.

1-877-JOBZ4KIDS — Bill to loosen working restrictions for minors making quick progress, by POLITICO'S Matt Friedman: New Jersey's child labor laws could be getting their first major update in decades under a fast-tracked bill advocates hope to pass early in the summer tourist season. The Assembly Labor Committee on Thursday unanimously approved legislation, NJ A4222 (22R), that would allow minors to work longer hours, eliminate parental consent requirements and reduce paperwork. The state's laws restricting the hours minors can work date back to 1940 and, according to advocates, hasn't been meaningfully updated since.

MENTAL HEALTH — 'We are in crisis': Mental health legislation granted new urgency after Uvalde school shooting, by POLITICO's Carly Sitrin : The Assembly Education Committee on Thursday released a raft of bills addressing student mental health issues in New Jersey schools amid nationwide calls for state and federal government leaders to "do something" in the wake of last month's school shooting in Uvalde, Texas. "The timing is right," Committee Chair Pamela Lampitt (D-Camden) said. The committee released five measures that would beef up mental health support for students, require districts to adopt "threat assessment" policies to identify students who pose a potential safety risk and allow school counselors to refer a student to a private professional counselor for mental health assessments among other bills.

—"Judge vacancies in New Jersey are causing thousands of people to put their lives on hold | Opinion"

—" Lalevee re-elected as leader of operating engineers union"

—New Jersey industry lobbyist, key senator spar over the 'good news' about climate change

—"Assembly Judiciary Committee advances Coughlin election reform package"

R.I.P. — " Carole Cardinale dies at 85"

DON'T MISS THE 2022 GREAT LAKES ECONOMIC FORUM: POLITICO is excited to be the exclusive media partner again at the Council of the Great Lakes Region's bi-national Great Lakes Economic Forum with co-hosts Gov. JB Pritzker and Mayor Lori Lightfoot. This premier, intimate networking event, taking place June 26-28 in Chicago, brings together international, national and regional leaders from business, government, academia and the nonprofit sector each year. "Powering Forward" is this year's theme, setting the stage to connect key decision-makers with thought leaders and agents of change to identify and advance solutions that will strengthen the region's competitiveness and sustainability in today's competitive climate of trade, innovation, investment, labor mobility and environmental performance. Register today.

BIDEN TIME

MVCYA! — "Controversial Pentagon nominee will be put into VA leadership instead," by The Military Times' Leo Shane III: "White House officials plan to withdraw the nomination of a controversial Pentagon nominee and appoint her to a key Veterans Affairs leadership post instead, according to administration sources. The decision to give up on Brenda Sue Fulton's nomination to be the assistant secretary of defense for manpower and reserve affairs and instead move her into a job that does not require Senate confirmation ends more than a year of fighting over her potential role in the Pentagon. Fulton is now expected to serve as the VA assistant secretary for public and intergovernmental affairs"

THE HUNT FOR RED NOVEMBER — "Primaries behind them, candidates face uncertain election season," by NJ Spotlight News' Colleen O'Dea: "Julie Roginsky ... told NJ Spotlight News on Tuesday the party needs to worry about more than Malinowski. 'It's going to be a tough year for Democrats, let's not kid ourselves,' she said. 'No Democrat out there in New Jersey, with a few — very, very, very few — exceptions, really should take their races for granted this November, regardless of whether you're Tom Malinowski or Frank Pallone.'"

ALL RIZZLE NO STEAK — " Peterson, Isemann endorse Kean for Congress," by New Jersey Globe's David Wildstein: "Republicans have begun to come together after the congressional primary in New Jersey's 7th district, with two unsuccessful candidates quickly endorsing the winner, former Senate Minority Leader Thomas Kean, Jr. in his bid to unseat Rep. Tom Malinowski (D-Ringoes). 'The race is over, and we come together to focus on helping our teammates strive and succeed at the next level,' said Assemblyman Erik Peterson (R-Franklin), who perhaps the most conservative candidate in the field …

"Another contender, John Henry Isemann, said that he was 'excited to see this seat flipped, eager to support, and encouraging everyone who was behind us to do the same this fall.' But Kean does not appear to have the backing of Phil Rizzo, who spent much of the campaign condemning the front-runner. Early Wednesday morning, just hours after the race was called, Rizzo posted a video of his attacks on Kean on his social media pages."

—Stile: " Recognizable NJ Republicans won big Tuesday. But is Trumpism really going away?"

—"The powerful party line held sway in NJ primaries"

—Golden: "Murphy and the national left lane marker"

—" Booker on gun control, school safety. Here's what he said"

A message from New Jerseyans for Affordable Rx:

LOCAL

KIM JONG-VAUGHN — "Residents fear 'hermit kingdom' as Trenton councilwoman pushes for public comment restriction ," by The Trentonian's Isaac Avilucea: "If one city legislator has her way, people living outside of Trenton may no longer be allowed to speak out about city affairs at public meetings. Council attorney Edward Kologi this week circulated a draft copy of a resolution that would restrict public comment to residents, business owners and taxpayers with a 'particularized interest in a governmental issue at hand' in New Jersey's capital. The proposed resolution would also leave it in the discretion of the council president whether to allow anyone not falling into one of those categories the floor to speak at public meetings.

"The proposal comes after West Ward Councilwoman Robin Vaughn emailed city officials last week demanding that a residents-only measure be prepared and fast-tracked for consideration at the governing body's upcoming meetings next week … Critics and government transparency advocates called the measure an unconstitutional infringement on people's freedom of speech that could turn Trenton into a 'hermit kingdom.'"

RULING ONLY APPLIES IF THEY STILL HAVE BOY BAND POSTERS IN THEIR BEDROOMS — "Judge approves form of 'squatters rights' for adults to vote from parents home," by New Jersey Globe's David Wildstein: "Jacob Mercer-Pontier hasn't lived in Lambertville since he graduated high school fifteen years ago, but he can keep voting out of his parents house for as long as he considers that to be his real home, Superior Court Judge Michael O'Neill ruled on Wednesday. O'Neill rejected challenges to five young adults who live on their own but still vote from the home of a parent, a move that could end a prolonged legal challenge to a $33.4 million South Hunterdon Regional School bond referendum vote that passed by just two votes last November.

"Opponents of the referendum challenged the eligibility of the voters because they no longer live in the school district. Mercer-Pontier, a 33-year-old publishing company employee who has lived in London for the last seven years, has continued to vote in local elections. O'Neill said that Mercer-Pointer's decision to keep voting from his parents' home – and other things, like maintaining a New Jersey driver license and bank account — is validation of his intent to be a Lambertville resident.'"

TIK TOK… IT WON'T STOP — "'Enough': Long Branch sues those it says started huge 'pop-up' Pier Village party," by The Asbury Park Press' Dan Radel: "This week, the city hit the alleged organizers with a lawsuit filed in state Superior Court in Freehold. Read the lawsuit at the bottom of the story. The city is seeking to recoup $25,000 in costs it incurred from damages and the police response plus an injunction from a judge to stop the organizers from posting flyers on social media for illegal parties, such as another pop-up party that's being advertised for June 19, which city officials said they will have "zero tolerance" for. City Attorney Louis Rainone said the organizers, which advertised the event with flyers on social media sites such as TikTok and Instagram, violated city ordinances that require permits for special events and prohibit public drinking and smoking of cannabis."

YEAH YOU PROBABLY SHOULDN'T SAY THAT — "Parent threatens to shoot up child's elementary school in threat to N.J. principal, cops say," by NJ Advance Media's Chris Sheldon: "The parent of a student at a Union Township elementary school was arrested Tuesday after she threatened to 'shoot the whole place up' during a phone conversation with the school principal, police said … Officers had been checking near the parent's home and after about one hour from the initial call, the officers located the parent while she was returning home, police said. She was stopped, arrested and charged with making terroristic threats. She was later sent to the Union County Jail. The parent was not identified by the department."

REMAINING BOARD MEMBERS LAMENT NO LONGER BEING ABLE TO HANG WITH MR. COOPER — "Second Teaneck school board member resigns in four months," by The Record's Marsha A. Stoltz : "A second trustee has resigned from the township's Board of Education in four months. Damen Cooper – a Teaneck native who has served 24 years with the New Jersey Department of Education – was elected to a three-year term in 2020. He confirmed Wednesday he resigned from the board without completing his first term. Cooper declined to give a specific reason for his departure, stating only that it was 'no reflection on the board.' 'I have enjoyed working with my fellow board members,' Cooper said Wednesday. 'This has nothing to do with the superintendent.' … In resigning, he joins Harold Clark, a retired Teaneck police officer, who was also elected to the board in 2020."

TAYFUN ROCKED LIKE A HURRICANE — "Primary reverberations," by InsiderNJ's Fred Snowflack : "Last year, the all-Republican Morris County Commissioners with four "yes" votes asked the state to investigate one of their own – Tom Mastrangelo – for alleged ethical violations. One of those "yes" votes came from Commissioner Tayfun Selen. Both Mastrangelo and Selen were on Tuesday's primary ballot. Mastrangelo won a nomination to continue serving as commissioner. Selen, surprisingly to many, lost the party's nod to run for Congress in the 11th District. A lot of things are connected in politics and the feeling here is that Selen's support of the Mastrangelo"

—"Proposal to increase salaries for top Paterson officials faces certain opposition"

—" Ex-[Glassboro] police chief indicted on charges he choked, threatened woman"

—"Lakewood all-girls' school expansion could mean congestion, safety issues, neighbors say "

—"N.J. cop convicted of leading group of rogue officers who robbed residents seeks new trial"

—"Franklin Lakes GOP rejects two incumbents in primary. But the controversy isn't over"

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

EVERYTHING ELSE

INSERT BRIDGEGATE JOKE HERE — "The George Washington Bridge is closing toll booths and going cashless," by The Record's Colleen Wilson: "Toll booths will be permanently eliminated from the George Washington Bridge starting July 10, the Port Authority of New York and New Jersey announced Thursday. Drivers now — with or without the E-ZPass — can drive seamlessly under the overhead gantries that will scan an E-ZPass transponder or capture a picture of the license plate and send a bill in the mail to the address associated with the car. This is the latest Port Authority crossing to transition to cashless. The three Staten Island bridges and Holland Tunnel made the switch in 2019 and 2020. The Lincoln Tunnel will follow later this year. This change also means the carpool discount will also be eliminated — an issue drivers fought back against when the decision was announced in 2019, which led to a delay of that program's elimination."

FIFA AND NJ: A CORRUPTION BONANZA? — "A $500M windfall if MetLife hosts FIFA World Cup? Don't buy the hype, say economists," by NJBIZ's Daniel J. Munoz: "On Thursday, FIFA, the international soccer federation, plans to announce the host of the 2026 men's World Cup, the quadrennial tournament that draws hundreds of thousands of spectators to more than 60 matches, including a final expected to draw more than 1 billion television viewers. The 83,000-seat stadium in the Meadowlands is among the favorites, and Gov. Phil Murphy and other proponents have touted a potential $500 million windfall for New York and New Jersey, which have submitted a joint bid. But economists and some local officials aren't so sure. 'That's what they always say,' said Andrew Zimbalist, a sports economist from Smith College in Massachusetts who's studied the industry for more than a half-century. 'It's not likely there's any bonanza.' If past sporting mega-events are any guide, the payoff is likely to be more modest, they say. The few plans that state officials have made public suggest that most World Cup tourists – and their dollars – will stay in New York, even if the action on the pitch occurs west of the Hudson."

—" NJ man gets prison for throwing explosive at Pa. cops during George Floyd riot"

—"Tornado might have touched down in Camden County early Thursday"

A message from New Jerseyans for Affordable Rx:

We can all agree that costs in New Jersey are already sky high – and that includes prescription drug costs. Year after year, big drug companies raise the price of life-saving medications to increase their profits. Patients deserve better. As this legislative session comes to an end, let's remind our elected officials in Trenton to hold Big Pharma accountable and make all entities in the drug supply chain find real solutions to increase access to affordable prescription drugs without impacting services. That means supporting patient advocates like Pharmacy Benefit Managers (PBMs) that negotiate with Big Pharma to reduce Rx costs and put money back in the pockets of New Jersey families. It's time to stand up to special interests, cut unnecessary red tape, and let these advocates do what they do best - save patients money. https://www.affordablerxnj.com/.