The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5039

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, BRENNAN, CANESTRARI,
  COOK,   HOYT,  ORTIZ,  HEVESI,  TITONE,  JEFFRIES,  KELLNER,  SCHIMEL,
  KAVANAGH, CAHILL, ENGLEBRIGHT, DINOWITZ, PAULIN -- Multi-Sponsored  by
  --  M.  of  A.  ABINANTI, AUBRY, BENEDETTO, BING, BOYLAND, CYMBROWITZ,
  FARRELL, GUNTHER, HOOPER, JACOBS,  JAFFEE,  LANCMAN,  LAVINE,  LIFTON,
  V. LOPEZ,  LUPARDO,  MAGNARELLI,  MAISEL,  MARKEY, McENENY, J. MILLER,
  MILLMAN, PEOPLES-STOKES, PERRY, PHEFFER,  PRETLOW,  RAMOS,  N. RIVERA,
  ROBINSON,  ROSENTHAL,  SAYWARD, SCARBOROUGH, SIMOTAS, SWEENEY, THIELE,
  TOWNS, WEISENBERG, WRIGHT -- read once and referred to  the  Committee
  on Governmental Operations

AN  ACT  to amend the executive law, the civil rights law and the educa-
  tion law, in relation to prohibiting discrimination  based  on  gender
  identity  or  expression;  and to amend the penal law and the criminal
  procedure law, in relation  to  including  offenses  regarding  gender
  identity  or  expression within the list of offenses subject to treat-
  ment as hate crimes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative findings and intent. The legislature reaffirms
that the state has the responsibility to act to assure that every  indi-
vidual  within  this  state  is afforded an equal opportunity to enjoy a
full and productive life, and that the failure  to  provide  such  equal
opportunity,  whether  because of discrimination, prejudice, intolerance
or inadequate education, training,  housing  or  health  care  not  only
threatens  the  rights  and  proper  privileges  of its inhabitants, but
menaces the institutions and foundation of a free democratic  state  and
threatens  the  peace,  order, health, safety and general welfare of the
state and its inhabitants.
  The legislature further finds that many residents of this  state  have
encountered prejudice on account of their gender identity or expression,
and  that  this  prejudice  has  severely  limited or actually prevented

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01139-01-1

A. 5039                             2

access to employment, housing and other basic necessities of life, lead-
ing to deprivation and suffering.  The  legislature  further  recognizes
that  this  prejudice  has  fostered  a general climate of hostility and
distrust,  leading  in some instances to physical violence against those
perceived to live in a gender identity or expression which is  different
from  that traditionally associated with the sex assigned to that person
at birth.
  In so doing, the legislature makes clear its action is not intended to
promote any particular attitude, course of conduct or way of life. Rath-
er its purpose is to ensure that individuals who live in our free socie-
ty have the capacity to make their own choices, follow their own beliefs
and conduct their own lives as they see fit,  consistent  with  existing
law.
  The  legislature  further finds that, as court decisions have properly
held, New York's sex discrimination laws prohibit  discrimination  based
on  gender  stereotypes  or  because  an  individual has transitioned or
intends to transition from one gender to another.  This  legislation  is
intended  to  codify this principle and to ensure that the public under-
stands  that  discrimination  on  the  basis  of  gender  identity   and
expression is prohibited.
  S  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
follows:
  1. The opportunity to obtain employment without discrimination because
of  age, race, creed, color, national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, marital status,  or  disa-
bility, is hereby recognized as and declared to be a civil right.
  2.  The  opportunity  to obtain education, the use of places of public
accommodation and the ownership, use and occupancy of  housing  accommo-
dations  and  commercial  space  without  discrimination because of age,
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military status, sex, marital status, or  disability,  as
specified  in  section two hundred ninety-six of this article, is hereby
recognized as and declared to be a civil right.
  S 3. Section 292 of the executive law  is  amended  by  adding  a  new
subdivision 35 to read as follows:
  35.  THE  TERM  "GENDER  IDENTITY OR EXPRESSION" MEANS HAVING OR BEING
PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE,  BEHAVIOR
OR  EXPRESSION  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR-
ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY  ASSO-
CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
  S  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
follows:
  8. To create such advisory councils, local, regional or state-wide, as
in  its  judgment  will aid in effectuating the purposes of this article
and of section eleven of article one of the constitution of this  state,
and  the  division  may  empower them to study the problems of discrimi-
nation in all or specific fields of human relationships or  in  specific
instances of discrimination because of age, race, creed, color, national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, sex, disability or marital status and  make  recommendations  to
the  division  for the development of policies and procedures in general
and in specific instances. The advisory councils also shall  disseminate
information  about  the division's activities to organizations and indi-
viduals in their localities. Such advisory councils shall be composed of

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representative citizens, serving without pay, but with reimbursement for
actual and necessary traveling  expenses;  and  the  division  may  make
provision for technical and clerical assistance to such councils and for
the expenses of such assistance.
  9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate  this article and to issue such publications and such results
of investigations and research as in its judgement will tend  to  inform
persons  of the rights assured and remedies provided under this article,
to promote good-will and minimize or eliminate discrimination because of
age, race, creed, color, national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
status.
  S 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
of the executive law, paragraph (a) as amended by chapter 80 of the laws
of 2009 and paragraphs (b), (c), and (d) as amended by chapter 75 of the
laws of 2005, are amended to read as follows:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION, military status, sex, disability, predisposing
genetic characteristics, marital status,  or  domestic  violence  victim
status,  to  refuse  to  hire  or  employ or to bar or to discharge from
employment such individual or to discriminate against such individual in
compensation or in terms, conditions or privileges of employment.
  (b) For an employment agency to discriminate  against  any  individual
because of age, race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, or marital status, in receiving, classi-
fying,  disposing or otherwise acting upon applications for its services
or in referring an applicant or applicants to an employer or employers.
  (c) For a labor organization, because of the age, race, creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status, sex, disability, predisposing genetic  characteristics,
or  marital  status  of  any individual, to exclude or to expel from its
membership such individual or to discriminate in any way against any  of
its  members  or  against  any employer or any individual employed by an
employer.
  (d) For any employer or employment agency to  print  or  circulate  or
cause to be printed or circulated any statement, advertisement or publi-
cation,  or to use any form of application for employment or to make any
inquiry in  connection  with  prospective  employment,  which  expresses
directly  or indirectly, any limitation, specification or discrimination
as to age, race, creed,  color,  national  origin,  sexual  orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, or marital status, or any intent to make
any  such limitation, specification or discrimination, unless based upon
a bona fide occupational qualification; provided, however, that  neither
this  paragraph  nor any provision of this chapter or other law shall be
construed to prohibit the department of civil service or the  department
of personnel of any city containing more than one county from requesting
information  from  applicants  for civil service examinations concerning
any of the aforementioned characteristics, other than sexual orientation
OR GENDER IDENTITY OR EXPRESSION, for the purpose of conducting  studies
to  identify and resolve possible problems in recruitment and testing of
members of minority groups to insure  the  fairest  possible  and  equal
opportunities  for  employment  in  the  civil  service for all persons,

A. 5039                             4

regardless of age, race, creed, color, national  origin,  sexual  orien-
tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability,
predisposing genetic characteristics, or marital status.
  S  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
the executive law, as amended by chapter 106 of the laws  of  2003,  are
amended to read as follows:
  (b)  To  deny  to  or withhold from any person because of race, creed,
color,  national  origin,  sexual  orientation,   GENDER   IDENTITY   OR
EXPRESSION,  military  status,  sex, age, disability, or marital status,
the right to be admitted to or participate in  a  guidance  program,  an
apprenticeship  training program, on-the-job training program, executive
training program, or other occupational training or retraining program;
  (c) To discriminate against any person in his or her pursuit  of  such
programs  or  to discriminate against such a person in the terms, condi-
tions or privileges of such programs  because  of  race,  creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status, sex, age, disability or marital status;
  (d) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in  connection  with  such
program  which  expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color,  national  origin,
sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
age,  disability  or  marital  status, or any intention to make any such
limitation, specification or discrimination, unless based on a bona fide
occupational qualification.
  S 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
law,  as  amended by chapter 106 of the laws of 2003, is amended to read
as follows:
  (a) It shall be an unlawful discriminatory practice  for  any  person,
being  the  owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of  public  accommodation,  resort  or  amusement,
because  of the race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability  or
marital  status  of any person, directly or indirectly, to refuse, with-
hold from or deny to such person any of the accommodations,  advantages,
facilities or privileges thereof, including the extension of credit, or,
directly  or  indirectly, to publish, circulate, issue, display, post or
mail any written or printed communication, notice or  advertisement,  to
the  effect  that  any of the accommodations, advantages, facilities and
privileges of any such place shall be refused, withheld from  or  denied
to  any person on account of race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  sex,  [or]
disability or marital status, or that the patronage or custom thereat of
any  person of or purporting to be of any particular race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military status, sex or marital status, or having a disability is unwel-
come, objectionable or not acceptable, desired or solicited.
  S  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
to read as follows:
  (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of  persons  such  housing  accommodations
because  of  the race, creed, color, disability, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,

A. 5039                             5

marital  status,  or  familial  status  of such person or persons, or to
represent that any housing accommodation or land is  not  available  for
inspection, sale, rental or lease when in fact it is so available.
  (b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION,  military status, age, sex, marital status, or
familial status in the terms, conditions or privileges of any  publicly-
assisted  housing  accommodations  or in the furnishing of facilities or
services in connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin,  sexual  orien-
tation,  GENDER  IDENTITY OR EXPRESSION, membership in the reserve armed
forces of the United States or in the organized militia  of  the  state,
age, sex, marital status, or familial status of a person seeking to rent
or lease any publicly-assisted housing accommodation; provided, however,
that  nothing in this subdivision shall prohibit a member of the reserve
armed forces of the United States or in the  organized  militia  of  the
state from voluntarily disclosing such membership.
  (c-1)  To  print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for the purchase, rental or lease of such housing accommodation or
to make any  record  or  inquiry  in  connection  with  the  prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses, directly or  indirectly,  any  limitation,  specification  or
discrimination  as to race, creed, color, national origin, sexual orien-
tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
bility,  marital  status,  or familial status, or any intent to make any
such limitation, specification or discrimination.
  S 9. Subdivision 3-b of section 296 of the executive law,  as  amended
by chapter 106 of the laws of 2003, is amended to read as follows:
  3-b.  It  shall  be  an  unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent  thereof  or
any  other  individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the  composition
with respect to race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital
status,  or  familial  status  of  the owners or occupants in the block,
neighborhood or area in which the  real  property  is  located,  and  to
represent,  directly  or indirectly, that this change will or may result
in undesirable consequences in the block, neighborhood or area in  which
the  real property is located, including but not limited to the lowering
of property values, an increase in criminal or anti-social behavior,  or
a decline in the quality of schools or other facilities.
  S 10. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  4.  It  shall  be an unlawful discriminatory practice for an education
corporation or association which holds itself out to the  public  to  be
non-sectarian  and  exempt  from  taxation pursuant to the provisions of
article four of the real property tax law to deny the use of its facili-
ties to any person otherwise qualified, or to permit the  harassment  of
any  student or applicant, by reason of his race, color, religion, disa-
bility,  national  origin,  sexual  orientation,  GENDER   IDENTITY   OR
EXPRESSION, military status, sex, age or marital status, except that any

A. 5039                             6

such  institution  which  establishes or maintains a policy of educating
persons of one sex exclusively may admit students of only one sex.
  S 11. Subdivision 5 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  5.  (a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
having  the  right  to  sell,  rent  or  lease  a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
  (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital
status, or familial status of such person or persons,  or  to  represent
that  any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
  (2) To discriminate against any person because of race, creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status, sex,  age,  disability,  marital  status,  or  familial
status  in  the  terms,  conditions or privileges of the sale, rental or
lease of any such housing accommodation or in the furnishing of  facili-
ties or services in connection therewith.
  (3)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for the purchase, rental or lease of such housing accommodation or
to make any  record  or  inquiry  in  connection  with  the  prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses, directly or  indirectly,  any  limitation,  specification  or
discrimination  as to race, creed, color, national origin, sexual orien-
tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
bility,  marital  status,  or familial status, or any intent to make any
such limitation, specification or discrimination.
  The provisions of this paragraph (a) shall not apply (1) to the rental
of a housing accommodation in a building which contains housing accommo-
dations for not more than two  families  living  independently  of  each
other,  if  the owner resides in one of such housing accommodations, (2)
to the restriction of the rental of all rooms in a housing accommodation
to individuals of the same sex or (3) to the rental of a room  or  rooms
in  a  housing  accommodation,  if such rental is by the occupant of the
housing accommodation or by the owner of the housing  accommodation  and
the  owner  resides  in  such  housing  accommodation or (4) solely with
respect to age and familial status  to  the  restriction  of  the  sale,
rental  or lease of housing accommodations exclusively to persons sixty-
two years of age or older and the spouse of  any  such  person,  or  for
housing  intended  and  operated  for  occupancy  by at least one person
fifty-five years of age or older per unit. In determining whether  hous-
ing  is  intended and operated for occupancy by persons fifty-five years
of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
  (b) It shall be an unlawful discriminatory  practice  for  the  owner,
lessee,  sub-lessee,  or  managing  agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
  (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
from  any person or group of persons land or commercial space because of
the race, creed, color,  national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital

A. 5039                             7

status, or familial status of such person or persons,  or  to  represent
that  any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available;
  (2)  To discriminate against any person because of race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  sex,  age,  disability,  marital  status, or familial
status in the terms, conditions or privileges of  the  sale,  rental  or
lease  of  any  such  land  or commercial space; or in the furnishing of
facilities or services in connection therewith;
  (3) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial  space
or  to  make  any  record  or inquiry in connection with the prospective
purchase, rental or  lease  of  such  land  or  commercial  space  which
expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, marital status, or familial status; or any intent  to  make  any
such limitation, specification or discrimination.
  (4)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease  of  land  or  commercial  space exclusively to persons fifty-five
years of age or older and the spouse of  any  such  person,  or  to  the
restriction  of  the  sale,  rental  or lease of land to be used for the
construction, or location  of  housing  accommodations  exclusively  for
persons  sixty-two  years  of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age  or  older  per
unit.  In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
(42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
  (c) It shall be an  unlawful  discriminatory  practice  for  any  real
estate broker, real estate salesperson or employee or agent thereof:
  (1)  To  refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or  to  refuse  to
negotiate  for  the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of  persons  because  of
the  race,  creed,  color,  national  origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
status,  or  familial  status of such person or persons, or to represent
that any housing accommodation, land or commercial space is  not  avail-
able  for inspection, sale, rental or lease when in fact it is so avail-
able, or otherwise to deny or withhold any housing  accommodation,  land
or commercial space or any facilities of any housing accommodation, land
or  commercial  space from any person or group of persons because of the
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military status, sex, age, disability, marital status, or
familial status of such person or persons.
  (2) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease  of  any  housing  accommodation,
land  or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any  housing  accommo-
dation,  land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race,  creed,
color,   national   origin,   sexual  orientation,  GENDER  IDENTITY  OR

A. 5039                             8

EXPRESSION, military status, sex, age, disability,  marital  status,  or
familial  status;  or any intent to make any such limitation, specifica-
tion or discrimination.
  (3)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease of any HOUSING ACCOMMODATION, land or commercial space exclusively
to  persons  fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any  hous-
ing accommodation or land to be used for the construction or location of
housing  accommodations  for persons sixty-two years of age or older, or
intended and operated for occupancy by at least  one  person  fifty-five
years  of  age  or  older  per  unit.  In determining whether housing is
intended and operated for occupancy by persons fifty-five years  of  age
or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
  (d) It shall be an  unlawful  discriminatory  practice  for  any  real
estate board, because of the race, creed, color, national origin, sexual
orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
disability, marital status, or familial status of any individual who  is
otherwise  qualified for membership, to exclude or expel such individual
from membership, or to  discriminate  against  such  individual  in  the
terms, conditions and privileges of membership in such board.
  (e)  It  shall  be  an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person  having  the  right  to
provide care and services in, a private proprietary nursing home, conva-
lescent  home,  or home for adults, or an intermediate care facility, as
defined  in  section  two  of  the  social  services   law,   heretofore
constructed,  or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such  home  or  facility  to  any
individual  or  to  discriminate  against  any  individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph,  a  "blind
person" shall mean a person who is registered as a blind person with the
commission  for the visually handicapped and who meets the definition of
a "blind person" pursuant to  section  three  of  chapter  four  hundred
fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
  (f) The provisions of this subdivision, as they relate to  age,  shall
not apply to persons under the age of eighteen years.
  (g)  It  shall  be  an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or  commercial  space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or  cause  to  be  made any written or oral inquiry or record concerning
membership of any person in the state organized militia in  relation  to
the  purchase,  rental  or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing  in  this  subdivision
shall  prohibit a member of the state organized militia from voluntarily
disclosing such membership.
  S 12. Paragraph (a) of subdivision 9 of section 296 of  the  executive
law,  as  amended by chapter 106 of the laws of 2003, is amended to read
as follows:
  (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power  of appointment of volunteer firefighters, directly or indirectly,

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by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to  deny  to  any  individual
membership  in any volunteer fire department or fire company therein, or
to  expel or discriminate against any volunteer member of a fire depart-
ment or fire  company  therein,  because  of  the  race,  creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status, sex or marital status of such individual.
  S 13. Subdivision 13 of section 296 of the executive law,  as  amended
by chapter 196 of the laws of 2010, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation,  GENDER  IDENTITY  OR
EXPRESSION,  military  status,  sex, or disability of such person, or of
such person's  partners,  members,  stockholders,  directors,  officers,
managers,   superintendents,  agents,  employees,  business  associates,
suppliers or customers, or (ii) for any person wilfully to do any act or
refrain from doing any act which enables any such person  to  take  such
action. This subdivision shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S  14.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 106 of the laws of 2003, are amended  to  read  as
follows:
  1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
  a.  In  the  case  of  applications  for  credit  with  respect to the
purchase, acquisition, construction, rehabilitation, repair  or  mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate  against  any  such  applicant  because of the race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  age,  sex,  marital  status,  disability, or familial
status of such applicant  or  applicants  or  any  member,  stockholder,
director, officer or employee of such applicant or applicants, or of the
prospective  occupants or tenants of such housing accommodation, land or
commercial space, in the granting, withholding, extending  or  renewing,
or in the fixing of the rates, terms or conditions of, any such credit;
  b.  To  discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form  of
credit,  on  the  basis  of  race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
marital status, disability, or familial status;
  c. To use any form of application for credit or use or make any record
or  inquiry  which  expresses,  directly  or indirectly, any limitation,
specification, or discrimination as  to  race,  creed,  color,  national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, age, sex, marital status, disability, or familial status;
  d. To make any inquiry of an applicant concerning his or her  capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
  e.  To  refuse  to  consider  sources  of  an applicant's income or to
subject an applicant's income to  discounting,  in  whole  or  in  part,
because  of  an  applicant's race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
marital status, childbearing potential, disability, or familial status;

A. 5039                            10

  f.  To  discriminate  against  a  married  person  because such person
neither uses nor is known by the surname of his or her spouse.
  This  paragraph  shall  not  apply to any situation where the use of a
surname would constitute or result in a criminal act.
  2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an  applicant's  or
class  of applicants' race, creed, color, national origin, sexual orien-
tation, GENDER IDENTITY OR EXPRESSION, military status, age, sex,  mari-
tal  status or disability, or familial status, (i) an applicant or class
of applicants is denied credit in circumstances where  other  applicants
of  like  overall  credit worthiness are granted credit, or (ii) special
requirements or conditions, such as requiring co-obligors or  reapplica-
tion upon marriage, are imposed upon an applicant or class of applicants
in  circumstances  where  similar  requirements  or  conditions  are not
imposed upon other applicants of like overall credit worthiness.
  3. It shall not  be  considered  discriminatory  if  credit  differen-
tiations  or  decisions  are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may  include
reference  to  such  factors  as current income, assets and prior credit
history of such applicants, as well as reference to any  other  relevant
factually  supportable  data;  provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions  relating  to  race,  creed,  color,  national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, sex, marital status or disability, or to the likelihood  of  any
group of persons bearing or rearing children, or for that reason receiv-
ing diminished or interrupted income in the future.
  S 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
law,  as added by chapter 481 of the laws of 2010, is amended to read as
follows:
  (b) Subject a domestic worker to unwelcome harassment based on gender,
race, religion, SEXUAL ORIENTATION, GENDER  IDENTITY  OR  EXPRESSION  or
national  origin,  where  such  harassment  has the purpose or effect of
unreasonably interfering with an individual's work performance by creat-
ing an intimidating, hostile, or offensive working environment.
  S 16. Section 40-c of the civil rights law, as amended by chapter 2 of
the laws of 2002, is amended to read as follows:
  S 40-c. Discrimination. 1. All persons within the jurisdiction of this
state shall be entitled to the equal protection  of  the  laws  of  this
state or any subdivision thereof.
  2.  No  person  shall, because of race, creed, color, national origin,
sex, marital status, sexual orientation, GENDER IDENTITY OR  EXPRESSION,
or disability, as such term is defined in section two hundred ninety-two
of  the  executive law, be subjected to any discrimination in his or her
civil rights, or to any harassment, as defined in section 240.25 of  the
penal  law, in the exercise thereof, by any other person or by any firm,
corporation or institution, or by the state or any agency or subdivision
of the state.
  S 17. Paragraph (a) of subdivision 1 of section 313 of  the  education
law,  as amended by chapter 2 of the laws of 2002, is amended to read as
follows:
  (a) It is hereby declared to be the policy of the state that the Amer-
ican ideal of equality of opportunity requires that students,  otherwise
qualified,  be  admitted to educational institutions and be given access
to all the educational programs and courses operated or provided by such
institutions without regard to race, color, sex, religion, creed,  mari-

A. 5039                            11

tal  status,  age,  sexual orientation as defined in section two hundred
ninety-two of the  executive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS
DEFINED  IN  SECTION  TWO  HUNDRED  NINETY-TWO  OF THE EXECUTIVE LAW, or
national origin, except that, with regard to religious or denominational
educational  institutions, students, otherwise qualified, shall have the
equal opportunity to attend therein without  discrimination  because  of
race,  color, sex, marital status, age, sexual orientation as defined in
section two hundred ninety-two of the executive law, GENDER IDENTITY  OR
EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
LAW,  or national origin. It is a fundamental American right for members
of various religious faiths to establish and maintain educational insti-
tutions exclusively or primarily for students  of  their  own  religious
faith  or to effectuate the religious principles in furtherance of which
they are maintained. Nothing herein contained shall  impair  or  abridge
that right.
  S 18. Subdivision 3 of section 313 of the education law, as amended by
chapter 2 of the laws of 2002, is amended to read as follows:
  (3)  Unfair  educational  practices. It shall be an unfair educational
practice for an educational institution after September fifteenth, nine-
teen hundred forty-eight:
  (a) To exclude or limit or otherwise discriminate against  any  person
or  persons  seeking admission as students to such institution or to any
educational program or course operated or provided by  such  institution
because of race, religion, creed, sex, color, marital status, age, sexu-
al orientation as defined in section two hundred ninety-two of the exec-
utive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS DEFINED IN SECTION TWO
HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
nothing in this section shall be deemed to affect, in any way, the right
of a religious or denominational educational institution to  select  its
students  exclusively  or  primarily  from  members  of such religion or
denomination or from giving preference in such selection to such members
or to make such selection of its  students  as  is  calculated  by  such
institution  to  promote the religious principles for which it is estab-
lished or maintained. Nothing herein contained shall impair  or  abridge
the  right of an independent institution, which establishes or maintains
a policy of educating persons of one sex exclusively, to admit  students
of only one sex.
  (b) To penalize any individual because he or she has initiated, testi-
fied, participated or assisted in any proceedings under this section.
  (c)  To  accept any endowment or gift of money or property conditioned
upon teaching the doctrine of supremacy of any particular race.
  (d) With respect to any individual who withdraws  from  attendance  to
serve on active duty in the armed forces of the United States in time of
war,  including  any individual who withdrew from attendance on or after
August second, nineteen hundred ninety to serve on active  duty  in  the
armed  forces  of the United States in the Persian Gulf conflict: (i) to
deny or limit the readmission of such individual to such institution  or
to any educational program or course operated or provided by such insti-
tution  because  of  such  withdrawal  from attendance or because of the
failure to complete any educational program or course due to such  with-
drawal;  (ii)  to  impose any academic penalty on such person because of
such withdrawal or because of the failure to  complete  any  educational
program  or  course due to such withdrawal; (iii) to reduce or eliminate
any financial aid award granted to such individual which  could  not  be
used,  in  whole  or  part, because of such withdrawal or because of the
failure to complete any educational program or course due to such  with-

A. 5039                            12

drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
fees paid by such individual for  any  semester,  term  or  quarter  not
completed  because  of  such  withdrawal  or  because  of the failure to
complete any program or course due to such withdrawal.
  (e) It shall not be an unfair educational practice for any educational
institution  to  use  criteria  other  than  race, religion, creed, sex,
color, marital status, age, sexual orientation as defined in section two
hundred ninety-two of the executive law, GENDER IDENTITY  OR  EXPRESSION
AS  DEFINED  IN  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or
national origin in the admission of students to such institution  or  to
any of the educational programs and courses operated or provided by such
institution.
  S  19. Section 485.00 of the penal law, as added by chapter 107 of the
laws of 2000, is amended to read as follows:
S 485.00 Legislative findings.
  The legislature finds and determines as follows: criminal acts involv-
ing violence, intimidation and destruction of property based  upon  bias
and  prejudice  have  become  more prevalent in New York state in recent
years.  The intolerable truth is that  in  these  crimes,  commonly  and
justly referred to as "hate crimes", victims are intentionally selected,
in  whole  or  in  part,  because of their race, color, national origin,
ancestry, gender, GENDER IDENTITY  OR  EXPRESSION,  religion,  religious
practice,  age,  disability  or  sexual orientation. Hate crimes do more
than threaten the safety and welfare of all citizens.  They  inflict  on
victims  incalculable physical and emotional damage and tear at the very
fabric of free society. Crimes  motivated  by  invidious  hatred  toward
particular  groups  not only harm individual victims but send a powerful
message of intolerance and discrimination to all members of the group to
which the victim belongs.  Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic processes.   In a  democratic  society,  citizens  cannot  be
required  to  approve  of  the beliefs and practices of others, but must
never commit criminal acts on account of  them.  Current  law  does  not
adequately recognize the harm to public order and individual safety that
hate  crimes  cause. Therefore, our laws must be strengthened to provide
clear recognition of the gravity  of  hate  crimes  and  the  compelling
importance of preventing their recurrence.
  Accordingly,  the  legislature  finds  and  declares  that hate crimes
should be prosecuted and punished with appropriate severity.
  S 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
added  by  chapter  107  of  the  laws  of  2000, are amended to read as
follows:
  1. A person commits a hate crime when he or she  commits  a  specified
offense and either:
  (a)  intentionally  selects  the  person  against  whom the offense is
committed or intended to be committed in whole or  in  substantial  part
because  of  a  belief or perception regarding the race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability  or  sexual  orientation  of  a  person,
regardless of whether the belief or perception is correct, or
  (b)  intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, GENDER  IDENTITY  OR
EXPRESSION,  religion,  religious  practice,  age,  disability or sexual
orientation of a person, regardless of whether the belief or  perception
is correct.

A. 5039                            13

  2.  Proof  of  race,  color, national origin, ancestry, gender, GENDER
IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and the victim  does  not,  by  itself,  constitute  legally  sufficient
evidence  satisfying  the  people's burden under paragraph (a) or (b) of
subdivision one of this section.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b) the term "disability" means a physical or mental  impairment  that
substantially limits a major life activity[.];
  (C)  THE  TERM  "GENDER  IDENTITY OR EXPRESSION" MEANS HAVING OR BEING
PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE,  BEHAVIOR
OR  EXPRESSION  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR-
ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY  ASSO-
CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
  S  21. Subdivision 3 of section 240.30 of the penal law, as amended by
chapter 510 of the laws of 2008, is amended to read as follows:
  3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
physical  contact,  or attempts or threatens to do the same because of a
belief or perception  regarding  such  person's  race,  color,  national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious  practice,  age,  disability  or sexual orientation, regardless of
whether the belief or perception is correct; or
  S 22. The opening paragraph of section 240.31 of  the  penal  law,  as
amended  by  chapter  49  of  the  laws  of  2006, is amended to read as
follows:
  A person is guilty of aggravated harassment in the first  degree  when
with  intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color,  national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious  practice,  age,  disability  or sexual orientation, regardless of
whether the belief or perception is correct, he or she:
  S 23. Section 240.00 of the penal law  is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING PERCEIVED AS
HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR EXPRESSION
WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR
EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSOCIATED WITH THE  SEX
ASSIGNED TO THAT PERSON AT BIRTH.
  S 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
to read as follows:
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the  defendant  or  defendants
intentionally selected the person against whom the offense was committed
or  intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because  of  a
belief  or perception regarding the race, color, national origin, ances-
try, gender, GENDER IDENTITY OR EXPRESSION,  religion,  religious  prac-
tice, age, disability or sexual orientation of a person; and
  S  25.  This act shall take effect on the thirtieth day after it shall
have become a law; provided, however,  that  sections  nineteen  through
twenty-four  of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.