Bill Text: NY S00517 | 2019-2020 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Engrossed) 2019-06-17 - referred to judiciary [S00517 Detail]

Download: New_York-2019-S00517-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         517--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUC-
          CI, COMRIE, HOYLMAN, JACKSON, KAPLAN, LIU, MAY, MAYER, METZGER,  PARK-
          ER,  PERSAUD,  SALAZAR,  SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on Judiciary -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          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 Assembly concur), That section 11 of arti-
     2  cle 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89010-06-9

        S. 517--B                           2

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