Bill Text: NY A00272 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to equality of rights and protection against discrimination.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2020-02-14 - opinion referred to judiciary [A00272 Detail]

Download: New_York-2019-A00272-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         272--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by M. of A. SEAWRIGHT, OTIS, SIMOTAS, CRESPO, QUART, LENTOL,
          NIOU, GOTTFRIED -- read once and referred to the Committee on  Judici-
          ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing amendments to section 11 of article 1 of the constitution,  in
          relation to equality of rights and protection against discrimination

     1    Section 1. Resolved (if the Senate concur), That section 11 of article
     2  1 of the constitution be amended to read as follows:
     3    §  11.  (a) No person shall be denied the equal protection of the laws
     4  of this state or any subdivision thereof. No person  shall,  because  of
     5  race,  color,  ethnicity,  national origin, age, disability, creed [or],
     6  religion, or sex including pregnancy, sexual orientation, gender identi-
     7  ty or expression, be subjected to any discrimination in or to any denial
     8  or abridgment of his or her equal civil rights by any other person or by
     9  any firm, corporation, or institution, or by the state or any agency  or
    10  subdivision  of  the state. The words "civil rights" mean any right that
    11  impacts the equal opportunity of all the people of New York to  enjoy  a
    12  full and productive life.
    13    (b) This section shall not be construed to:
    14    (1)  preclude bona fide qualifications for a job, position, benefit or
    15  service in a particular capacity if authorized by law  with  respect  to
    16  disability or age; or
    17    (2)  preclude  reasonable  accommodation with respect to disability or
    18  pregnancy; or
    19    (3) preclude a private educational institution that has  a  policy  of
    20  educating  students  of  one sex or religion from limiting enrollment to
    21  that sex or religion if so authorized by law; or
    22    (4) modify the requirements of section three of this article; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89010-07-9

        A. 272--B                           2

     1    (5) invalidate or prevent the adoption of any law, regulation, program
     2  or activity that has as its purpose the amelioration  of  conditions  of
     3  historically disadvantaged individuals or communities.
     4    (c)  (1)  Nothing  in this section shall be interpreted as prohibiting
     5  legislative action which must be taken to establish or  maintain  eligi-
     6  bility  for  any  federal program, where ineligibility would result in a
     7  loss of federal funds to the state.
     8    (2) If any part of this section, or any action taken to  enforce  this
     9  section,  be  finally  declared  invalid under federal law or the United
    10  States Constitution, the section shall be  implemented  to  the  maximum
    11  extent  that  federal law and the United States Constitution permit. Any
    12  provision held invalid shall be severable from the remaining portions of
    13  this section.
    14    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    15  referred  to  the  first regular legislative session convening after the
    16  next succeeding general election of members of  the  assembly,  and,  in
    17  conformity  with  section  1  of  article  19  of  the  constitution, be
    18  published for three months previous to the time of such election.
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