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

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         272--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT,  OTIS,  SIMOTAS  -- read once and
          referred to the Committee on Judiciary -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

                    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.  [No person shall be denied the equal protection of the laws of
     4  this state or any subdivision thereof.]  No  person  shall,  because  of
     5  race,  color,  ethnicity,  nationality,  national  origin, sex including
     6  pregnancy, sexual orientation and gender identity or  expression,  disa-
     7  bility,  age, creed or religion, or like grounds used to deprive a class
     8  of the people of New York of their equal opportunity to enjoy a full and
     9  productive life, be subjected to any discrimination in or to any  denial
    10  or abridgment of his or her equal civil rights by any other person or by
    11  any  firm, corporation, or institution, or by the state or any agency or
    12  subdivision of the state.  The words "civil rights" mean any legal right
    13  that impacts such equal opportunity.
    14    This section shall not be construed to preclude bona  fide  qualifica-
    15  tions  for  a job, position, benefit or service in a particular capacity
    16  if authorized by law with respect to disability, age or religion or  any
    17  legal  requirement of reasonable accommodation with respect to disabili-
    18  ty, pregnancy or religious practice or  to  invalidate  or  prevent  the
    19  adoption  of  any  law,  regulation, program or activity that has as its
    20  object the amelioration  of  conditions  of  historically  disadvantaged
    21  individuals  or  communities,  including  those  this  section  protects
    22  against discrimination in or any denial or  abridgment  of  equal  civil
    23  rights.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89010-03-9
        A. 272--A                           2

     1    If  any  part  of  this  section,  or any action taken to enforce this
     2  section, be finally declared invalid under federal  law  or  the  United
     3  States  Constitution,  or  be  finally determined to result in a loss of
     4  federal funding to the state or any agency or subdivision of the  state,
     5  this section shall be implemented to the maximum extent that federal law
     6  and  the  United  States  Constitution  permit, or to the maximum extent
     7  possible without the loss of federal funding. Any provision held invalid
     8  shall be severable from the remaining portions of this section.
     9    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    10  referred  to  the  first regular legislative session convening after the
    11  next succeeding general election of members of  the  assembly,  and,  in
    12  conformity  with  section  1  of  article  19  of  the  constitution, be
    13  published for three months previous to the time of such election.