NY State Senate Bill 2017-S4379

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Feb 10, 2017	referred to codes

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2017-S4379 (ACTIVE) - Details

See Assembly Version of this Bill:: A10263
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §16, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1924, A3273
2021-2022: S832
2023-2024: S115
2025-2026: S103

2017-S4379 (ACTIVE) - Summary

Enacts the "New York religious freedom act".

2017-S4379 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4379

 TITLE OF BILL :

An act to amend the civil rights law, in relation to enacting the New
York religious freedom act

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill is the title.

Section two of the bill is comprised of legislative findings.

Section three of the bill adds a new Section 16 to the civil rights
law establishing the New York religious freedom act which prohibits
disclosure to federal government authorities of personally
identifiable information regarding religious beliefs for the purpose
of compiling a registry based on religious affiliation, national
origin or ethnicity; prohibits the use of resources for the creation
implementation or enforcement of any registry of information based
upon religious belief; and prohibits making personally identifiable
information regarding religious belief to any entity creating such a
registry.

Furthermore the act prohibits state and local law enforcement agencies
from collecting information on religious belief except in the course

of an investigation where there is a clear nexus between criminal
activity and the specific information, or where necessary to provide
religious accommodations; or using resources to assist in any
requirement that individuals register with the federal government
based on religion, national origin or ethnicity.

Section four establishes the effective date.

 JUSTIFICATION :

In New York, we celebrate the rich cultural heritage and diversity of
our residents. Freedom of religion and protection from persecution are
founding ideals of our nation. New York must uphold the protection of
religious freedom enshrined in the United States Constitution for all
of its people, and the state has a moral obligation to protect its
citizens from religious persecution.

This legislation is necessary to ensure that New York agencies are
prepared to appropriately deny access to information to any entity
attempting to establish a registry based on religious belief. On
January 27, 2017, President Trump signed an Executive Order relating
to immigration. In that order, the President imposed a 90 day ban
prohibiting all foreign nationals from seven countries from entering
the U.S. He further suspended the entry of all refugees into the
country for 120 days and indefinitely suspended permission for
refugees from Syria to come to the U.S. While the President asserted
that this was "not a Muslim ban," all seven of the countries affected
by the Order are predominately Muslim. President Trump has also
indicated in public remarks that he would take religion into account
in determining who was eligible to enter the country, and has
expressed support for a Muslim registry.

There is nothing in current law that explicitly bars state or local
agencies or public employees acting under color of law from providing
data about personal information related to religious beliefs, national
origin, or ethnicity to the federal government for a religious
registry. This legislation seeks to prevent individuals from being
targeted based on their religious affiliation, national origin, or
ethnicity by any federal program that would compile a list, database,
or registry based on that information.
 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None

 EFFECTIVE DATE :
Immediately.

2017-S4379 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4379
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to  enacting  the  New
   York religious freedom act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known, and may be cited,  as
 the "New York religious freedom act".
   § 2. Legislative intent. The Legislature finds and declares all of the
 following:
   (a) In New York, we celebrate the rich cultural heritage and diversity
 of our residents.
   (b)  Freedom  of religion and protection from persecution are founding
 ideals of our nation.
   (c) New York must uphold the protection of religious freedom enshrined
 in the United States Constitution for all of its people, and  the  state
 has  a  moral  obligation  to protect its citizens from religious perse-
 cution.
   (d) Section 3 of Article I of the New York state Constitution  guaran-
 tees  the free exercise and enjoyment of religion without discrimination
 or preference.
   § 3. The civil rights law is amended by adding a  new  section  16  to
 read as follows:
   §  16.  NEW  YORK  RELIGIOUS FREEDOM ACT. 1. NOTWITHSTANDING ANY OTHER
 LAW, A STATE OR LOCAL AGENCY OR PUBLIC EMPLOYEE ACTING  UNDER  COLOR  OF
 LAW SHALL NOT:
   (A)  PROVIDE  OR DISCLOSE TO FEDERAL GOVERNMENT AUTHORITIES PERSONALLY
 IDENTIFIABLE INFORMATION REGARDING THE RELIGIOUS BELIEFS, PRACTICES,  OR
 AFFILIATION  OF  ANY  INDIVIDUAL  FOR  THE  PURPOSE OF COMPILING A LIST,
 REGISTRY, OR DATABASE OF INDIVIDUALS  BASED  ON  RELIGIOUS  AFFILIATION,
 NATIONAL ORIGIN, OR ETHNICITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09761-02-7

 S. 4379                             2
 
   (B) USE AGENCY MONEY, FACILITIES, PROPERTY, EQUIPMENT, OR PERSONNEL TO
 ASSIST  IN  CREATION,  IMPLEMENTATION,  OR ENFORCEMENT OF ANY GOVERNMENT
 PROGRAM COMPILING A LIST, REGISTRY, OR DATABASE OF PERSONALLY  IDENTIFI-
 ABLE  INFORMATION ABOUT INDIVIDUALS BASED ON RELIGIOUS BELIEF, PRACTICE,
 OR  AFFILIATION, OR NATIONAL ORIGIN OR ETHNICITY, FOR LAW ENFORCEMENT OR
 IMMIGRATION PURPOSES.
   (C) MAKE PERSONALLY IDENTIFIABLE  INFORMATION  FROM  AGENCY  DATABASES
 AVAILABLE,   INCLUDING  ANY  DATABASES  MAINTAINED  BY  PRIVATE  VENDORS
 CONTRACTING WITH THE AGENCY, TO ANYONE OR ANY ENTITY FOR THE PURPOSE  OF
 INVESTIGATION  OR  ENFORCEMENT  UNDER ANY GOVERNMENT PROGRAM COMPILING A
 LIST, REGISTRY, OR DATABASE OF INDIVIDUALS BASED  ON  RELIGIOUS  BELIEF,
 PRACTICE,  OR  AFFILIATION,  OR  NATIONAL  ORIGIN  OR  ETHNICITY FOR LAW
 ENFORCEMENT OR IMMIGRATION PURPOSES.
   2. NOTWITHSTANDING ANY OTHER LAW,  STATE  AND  LOCAL  LAW  ENFORCEMENT
 AGENCIES SHALL NOT:
   (A)  COLLECT  INFORMATION ON THE RELIGIOUS BELIEF, PRACTICE, OR AFFIL-
 IATION OF ANY INDIVIDUAL EXCEPT: (1) AS PART OF A TARGETED INVESTIGATION
 OF AN INDIVIDUAL BASED ON REASONABLE SUSPICION TO BELIEVE THAT  INDIVID-
 UAL  HAS  ENGAGED  IN CRIMINAL ACTIVITY, AND WHEN THERE IS A CLEAR NEXUS
 BETWEEN THE CRIMINAL ACTIVITY AND  THE  SPECIFIC  INFORMATION  COLLECTED
 ABOUT RELIGIOUS BELIEF, PRACTICE, OR AFFILIATION; OR (2) WHERE NECESSARY
 TO PROVIDE RELIGIOUS ACCOMMODATIONS.
   (B) USE AGENCY MONEY, FACILITIES, PROPERTY, EQUIPMENT, OR PERSONNEL TO
 INVESTIGATE,  ENFORCE,  OR ASSIST IN THE INVESTIGATION OR ENFORCEMENT OF
 ANY CRIMINAL, CIVIL, OR  ADMINISTRATIVE  VIOLATION,  OR  WARRANT  FOR  A
 VIOLATION, OF ANY REQUIREMENT THAT INDIVIDUALS REGISTER WITH THE FEDERAL
 GOVERNMENT  OR ANY FEDERAL AGENCY BASED ON RELIGION, NATIONAL ORIGIN, OR
 ETHNICITY.
   3. ANY AGREEMENTS IN EXISTENCE ON THE EFFECTIVE DATE OF  THIS  SECTION
 THAT  MAKE ANY AGENCY OR DEPARTMENT INFORMATION OR DATABASE AVAILABLE IN
 CONFLICT WITH THE TERMS OF THIS SECTION ARE TERMINATED ON THAT  DATE  TO
 THE EXTENT OF THE CONFLICT.
   4.  NOTHING  IN  THIS SECTION PROHIBITS ANY STATE OR LOCAL AGENCY FROM
 SENDING TO, OR RECEIVING FROM, ANY  LOCAL,  STATE,  OR  FEDERAL  AGENCY,
 INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS.
 "INFORMATION   REGARDING  AN  INDIVIDUAL'S  CITIZENSHIP  OR  IMMIGRATION
 STATUS, LAWFUL OR UNLAWFUL" FOR  PURPOSES  OF  THIS  SECTION,  SHALL  BE
 INTERPRETED  CONSISTENT  WITH  SECTIONS  1373 AND 1644 OF TITLE 8 OF THE
 UNITED STATES CODE.
   5. NOTHING IN THIS SECTION IS INTENDED TO PREVENT ANY STATE  OR  LOCAL
 AGENCY  FROM COMPILING AGGREGATE NON-PERSONALLY IDENTIFIABLE INFORMATION
 ABOUT RELIGIOUS BELIEF, PRACTICE, OR  AFFILIATION,  NATIONAL  ORIGIN  OR
 ETHNICITY  OR  FROM  EXCHANGING  IT  WITH OTHER LOCAL, STATE, OR FEDERAL
 AGENCIES.
   § 4. This act shall take effect immediately.

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Senate Bill S4379

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2017-S4379 (ACTIVE) - Details

2017-S4379 (ACTIVE) - Summary

2017-S4379 (ACTIVE) - Sponsor Memo

2017-S4379 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2017-S4379 (ACTIVE) - Details

2017-S4379 (ACTIVE) - Summary

2017-S4379 (ACTIVE) - Sponsor Memo

2017-S4379 (ACTIVE) - Bill Text download pdf

Comments