senate Bill S195A

2013-2014 Legislative Session

Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2014 print number 195b
amend and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
Jun 17, 2013 print number 195a
amend and recommit to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S195 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§291, 292, 295, 296, 296-a & 296-b, Exec L; amd §40-c, Civ Rts L; amd §313, Ed L; amd §§485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd §200.50, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6349
2009-2010: S2406A

S195 - Bill Texts

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Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as 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; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.

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BILL NUMBER:S195

TITLE OF BILL:
An act
to amend the executive law, the civil rights law and the education
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 treatment as
hate crimes

PURPOSE OR GENERAL IDEA OF THE BILL:
To prohibit discrimination based on gender identity or expression, and
include offenses regarding gender identity or expression under the
hate crimes statute.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 declares the legislative intent.

Section 3 adds new subdivision 35 to section 292 of the Executive Law,
defining of "gender identity or expression."

Other sections add "gender identity or expression" to the list of
factors that prohibit discrimination, as follows:

PROVISIONS OF SECTION OR TYPE
OF DISCRIMINATION ALREADY
EXISTING LAW PROHIBITED

Exec. Law §291 Equality of opportunity
Sec. 2 defined as a civil right

Sec. 4 Exec. Law §295 Division of Human Rights
powers and duties

Sec. 5 Exec. Law §296(1) Employers, licensing agencies,
employment agencies and labor
organizations

Sec. 6 Exec. Law §296(1-a) Apprenticeship training
programs

Sec. 7 Exec. Law §296(2) Place of public accommodation,
resort or amusement

Sec. 8 Exec. Law §296(2-a) Publicly-assisted housing

Sec. 9 Exec. Law §296(3-b) Realtors representing that a
change has occurred or may
occur in the composition of
a neighborhood

Sec. 10 Exec. Law §296(4) Non-sectarian education
corporations or associations


Sec. 11 Exec. Law §296(5) Private housing accommodations
and commercial space, keeping
the exemption for small,
owner-occupied housing

Sec. 12 Exec. Law §296(9) Volunteer fire department
membership

Sec. 13 Exec. Law §296(13) Commercial boycotts and
blacklists

Sec. 14 Exec. Law §296-a Credit

Sec. 16 Exec. Law §40-c Civil rights

Sec. 17 Exec. Law §313(1) Education institutions,
without affecting the
rights of religious
education institutions

Sec. 18 Education Law Unfair educational
§313(3) practices

Sections 18 through 23 add "gender identity or expression" to the list
of factors that can make a "hate crime"."

JUSTIFICATION:
The transgender community is not protected from discrimination under
law. Transgender people whose gender identity, appearance, behavior or
expression differs from their genetic sex at birth face discrimination
in housing, employment, public accommodations and many other areas of
life, and they are particularly vulnerable to hate crimes. Many people
who supported the recent SONDA (the Sexual orientation
Non-discrimination Act) believed that it covered transgender
discrimination. However, being transgender is not the same as being
homosexual.

PRIOR LEGISLATIVE HISTORY:
S.2406 - Sent to Senate Judiciary Committee

FISCAL IMPLICATIONS:
Minimal fiscal impact.

EFFECTIVE DATE:
Thirty days after it shall have become law, except sections 19 through
24 will be effective on the first of November next succeeding the date
on which it shall have become law.

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

                                   195

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01192-01-3

S. 195                              2

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
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.

S. 195                              3

  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,
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. 195                              4

  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,
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.

S. 195                              5

  (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
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:

S. 195                              6

  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
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;

S. 195                              7

  (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
EXPRESSION, military status, sex, age, disability,  marital  status,  or
familial  status;  or any intent to make any such limitation, specifica-
tion or discrimination.

S. 195                              8

  (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,
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

S. 195                              9

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;
  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.

S. 195                             10

  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-
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

S. 195                             11

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-
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.

S. 195                             12

  (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.
  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

S. 195                             13

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.

Co-Sponsors

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S195A - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§291, 292, 295, 296, 296-a & 296-b, Exec L; amd §40-c, Civ Rts L; amd §313, Ed L; amd §§485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd §200.50, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6349
2009-2010: S2406A

S195A - Bill Texts

view summary

Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as 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; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.

view sponsor memo
BILL NUMBER:S195A

TITLE OF BILL: An act to amend the executive law, the civil rights
law and the education 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 treatment as hate crimes

PURPOSE OR GENERAL IDEA OF THE BILL: To prohibit discrimination based
on gender identity or expression, and include offenses regarding
gender identity or expression under the hate crimes statute.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 declares the legislative intent.

Section 3 adds new subdivision 35 to section 292 of the Executive Law,
defining of "gender identity or expression."

Other sections add "gender identity or expression" to the list of
factors that prohibit discrimination, as follows:

PROVISIONS OF SECTION OR TYPE
OF DISCRIMINATION ALREADY
EXISTING LAW PROHIBITED

Sec.2 Exec.Law § 291 Equality of opportunity

Sec.4 Exec.Law § 295 Division of Human Rights
powers and duties

Sec.5 Exec. Law § 296(1) Employers,licensing agencies,
employment agencies and labor
organizations

Sec.6 Exec. Law § 296(1-a Apprenticeship training
programs

Sec.7 Exec. Law § 296(2) Place of public accommodation,
resort or amusement

Sec.8 Exec. Law § 296(2-a) Publicly-assisted housing

Sec. 9 Exec. Law § 296(3-b) Realtors representing that a
change has occurred or may
occur in the composition of
a neighborhood

Sec. 10 Exec. Law § 296(4) Non-sectarian education
corporations or associations

Sec. 11 Exec. Law § 296(5) Private housing accommodations
and commercial space, keeping
the exemption for small,
owner-occupied housing


Sec. 12 Exec. Law § 296(9) Volunteer fire department
membership

Sec. 13 Exec. Law § 296(13) Commercial boycotts and
blacklists

Sec. 14 Exec. Law § 296-a Credit

Sec. 16 Exec. Law § 40-c Civil rights

Sec. 17 Exec. Law § 313(1) Education institutions,
without affecting the
rights of religious
education institutions

Sec. 18 Education Law Unfair educational
§ 313(3) practices

Sections 18 through 23 add "gender identity or expression" to the list
of factors that can make a "hate crime"."

JUSTIFICATION:
The transgender community is not. protected from discrimination under
law. Transgender people whose gender identity, appearance, behavior
or expression differs from their genetic sex at birth face
discrimination in housing, employment, public accommodations and many
other areas of life, and they are particularly vulnerable to hate
crimes. Many people who supported the recent SONDA (the Sexual
orientation Non-discrimination Act) believed that it covered
transgender discrimination. However, being transgender is not the
same as being homosexual.

PRIOR LEGISLATIVE HISTORY:
S.2406 - Sent to Senate Judiciary Committee

FISCAL IMPLICATIONS:
Minimal fiscal impact.

EFFECTIVE DATE:
Thirty days after it shall have become law, except sections 19 through
24 will be effective on the first of November next succeeding the
date on which it shall have become law.

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

                                 195--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. SQUADRON, ADAMS, ADDABBO, AVELLA, BRESLIN, CARLUCCI,
  DILAN,  ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON, HOYLMAN, KRUEG-
  ER, LATIMER, MONTGOMERY, O'BRIEN, PARKER,  PERALTA,  PERKINS,  RIVERA,
  SAMPSON,  SAVINO, SERRANO, STAVISKY, TKACZYK -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations  and  Government  Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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
access to employment, housing and other basic necessities of life, lead-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01192-02-3

S. 195--A                           2

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. (A) 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.
  (B) AS USED IN THIS ARTICLE AND IN SECTION FORTY-C OF THE CIVIL RIGHTS
LAW  AND  SECTION  THREE  HUNDRED THIRTEEN OF THE EDUCATION LAW, "GENDER
IDENTITY OR EXPRESSION" SHALL NOT BE CONSTRUED TO CHANGE THE  DEFINITION
OF  ANY  CRIMINAL  ACT UNDER EXISTING STATE PENAL LAW, INCLUDING ANY ACT
THAT MAY OCCUR IN A GENDER SEGREGATED FACILITY. THE PROVISIONS  OF  THIS
CHAPTER  RELATING TO GENDER IDENTITY AND EXPRESSION SHALL NOT BE USED AS
A CRIMINAL DEFENSE IN A CRIMINAL PROCEEDING.
  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

S. 195--A                           3

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
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

S. 195--A                           4

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,
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

S. 195--A                           5

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,
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

S. 195--A                           6

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
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

S. 195--A                           7

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
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-

S. 195--A                           8

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
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. 195--A                           9

  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,
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;

S. 195--A                          10

  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;
  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. 195--A                          11

  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-
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-

S. 195--A                          12

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-
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-

S. 195--A                          13

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.
  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)(1)  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.
  (2)  AS USED IN THIS SECTION "GENDER IDENTITY OR EXPRESSION" SHALL NOT
BE CONSTRUED TO CHANGE THE DEFINITION OF ANY CRIMINAL ACT UNDER EXISTING
STATE PENAL LAW, INCLUDING ANY ACT THAT MAY OCCUR IN A GENDER SEGREGATED
FACILITY. THE PROVISIONS OF THIS ACT RELATING  TO  GENDER  IDENTITY  AND
EXPRESSION  SHALL  NOT  BE  USED  AS  A  CRIMINAL  DEFENSE IN A CRIMINAL
PROCEEDING.
  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.(A) "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.
  (B) AS USED IN THIS SECTION, "GENDER IDENTITY OR EXPRESSION" SHALL NOT
BE CONSTRUED TO CHANGE THE DEFINITION OF ANY CRIMINAL ACT UNDER EXISTING
STATE PENAL LAW, INCLUDING ANY ACT THAT MAY OCCUR IN A GENDER SEGREGATED

S. 195--A                          14

FACILITY. THE PROVISIONS OF THIS ACT RELATING  TO  GENDER  IDENTITY  AND
EXPRESSION  SHALL  NOT  BE  USED  AS  A  CRIMINAL  DEFENSE IN A CRIMINAL
PROCEEDING.
  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.

Co-Sponsors

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S195B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§291, 292, 295, 296, 296-a & 296-b, Exec L; amd §40-c, Civ Rts L; amd §313, Ed L; amd §§485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd §200.50, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6349
2009-2010: S2406A

S195B (ACTIVE) - Bill Texts

view summary

Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as 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; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.

view sponsor memo
BILL NUMBER:S195B

TITLE OF BILL: An act to amend the executive law, the civil rights
law and the education 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 treatment as hate crimes

PURPOSE OR GENERAL IDEA OF THE BILL: To prohibit discrimination based
on gender identity or expression, and include offenses regarding
gender identity or expression under the hate crimes statute.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 declares the legislative intent.

Section 3 adds new subdivision 35 to section 292 of the Executive Law,
defining of "gender identity or expression."

Other sections add "gender identity or expression" to the list of
factors that prohibit discrimination, as follows:

PROVISIONS OF SECTION OR TYPE
OF DISCRIMINATION ALREADY
EXISTING LAW PROHIBITED

Sec. 2 Exec. Law § 291 Equality of opportunity
defined as a civil right

Sec.4 Exec. Law § 295 Division of Human Rights
powers and duties

Sec.5 Exec. Law § 296(1) Employers,licensing agencies,
employment agencies and
labor organizations

Sec.6 Exec. Law § 296(1-a) Apprenticeship training
programs

Sec.7 Exec. Law § 296(2) Place of public accommodation,
resort or amusement

Sec.8 Exec. Law § 296(2-a) Publicly-assisted housing

Sec.9 Exec .Law § 296(3-b) Realtors representing that a
change has occurred or may
occur in the composition of
a neighborhood

Sec.10 Exec.Law § 296(4) Non-sectarian education
corporations or associations

Sec.11 Exec.Law § 296(5) Private housing accommodations
and commercial space, keeping
the exemption for small,
owner-occupied housing


Sec.12 Exec. Law § 296(9) Volunteer fire department
membership

Sec.13 Exec. Law § 296(13) Commercial boycotts and
blacklists

Sec.14 Exec. Law § 296-a Credit

Sec.16 Exec. Law § 40-c Civil rights

Sec.17 Exec. Law § 313(1) Education institutions,
without affecting the
rights of religious
education institutions

Sec.18 Education Law Unfair education
§ 313(3) practices

Sections 18 through 23 add "gender identity or expression" to the list
of factors that can make a "hate crime"."

JUSTIFICATION: The transgender community is not protected from
discrimination under law. Transgender people whose gender identity,
appearance, behavior or expression differs from their genetic sex at
birth face discrimination in housing, employment, public
accommodations and many other areas of life, and they are particularly
vulnerable to hate crimes. Many people who supported the recent SONDA
(the Sexual Orientation Non-discrimination Act) believed that it
covered transgender discrimination. However, being transgender is not
the same as being homosexual.

PRIOR LEGISLATIVE HISTORY: S.2406 - Sent to Senate Judiciary
Committee

FISCAL IMPLICATIONS: Minimal fiscal impact.

EFFECTIVE DATE: Thirty days after it shall have become law, except
sections 19 through 24 will be effective on the first of November next
succeeding the date on which it shall have become law.

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

                                 195--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. SQUADRON, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
  ESPAILLAT,   GIANARIS,  GIPSON,  HASSELL-THOMPSON,  HOYLMAN,  KRUEGER,
  LATIMER, MONTGOMERY, O'BRIEN, PARKER, PERALTA, PERKINS, RIVERA,  SAMP-
  SON,  SAVINO,  SERRANO,  STAVISKY,  TKACZYK  -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations  and  Government  Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Investigations  and  Government
  Operations  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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
access to employment, housing and other basic necessities of life, lead-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01192-05-4

S. 195--B                           2

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
representative citizens, serving without pay, but with reimbursement for

S. 195--B                           3

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,
regardless of age, race, creed, color, national  origin,  sexual  orien-

S. 195--B                           4

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,
marital  status,  or  familial  status  of such person or persons, or to

S. 195--B                           5

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
such  institution  which  establishes or maintains a policy of educating
persons of one sex exclusively may admit students of only one sex.

S. 195--B                           6

  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
status, or familial status of such person or persons,  or  to  represent

S. 195--B                           7

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
EXPRESSION, military status, sex, age, disability,  marital  status,  or

S. 195--B                           8

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,
by ritualistic practice, constitutional or by-law prescription, by tacit

S. 195--B                           9

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;
  f. To discriminate  against  a  married  person  because  such  person
neither uses nor is known by the surname of his or her spouse.

S. 195--B                          10

  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-
tal status, age, sexual orientation as defined in  section  two  hundred
ninety-two  of  the  executive  law,  GENDER  IDENTITY  OR EXPRESSION AS

S. 195--B                          11

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-
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

S. 195--B                          12

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.
  2.  Proof  of  race,  color, national origin, ancestry, gender, GENDER
IDENTITY OR EXPRESSION, religion, religious practice, age, disability or

S. 195--B                          13

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.

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