NY State Senate Bill 2017-S7558A

Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2018	print number 7558a
Mar 01, 2018	amend and recommit to judiciary
Feb 15, 2018	opinion referred to judiciary
Jan 29, 2018	to attorney-general for opinion
Jan 24, 2018	referred to judiciary

Bill Amendments

Original

A (Active)

2017-S7558 - Details

See Assembly Version of this Bill:: A9584
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §11, Constn
Versions Introduced in Other Legislative Sessions:: 2019-2020: S517, A272
2021-2022: S1268, A760

2017-S7558 - Summary

Relates to equality of rights and protection against discrimination.

2017-S7558 - Sponsor Memo

                                
 
BILL NUMBER: S7558

SPONSOR: KRUEGER
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to
section 11 of article 1 of the constitution, in relation to equality of
rights and protection against discrimination

 
PURPOSE:

This resolution proposes to amend section 11 of article 1 of the consti-
tution. It would provide for broad equal rights and antidiscrimination
protections for residents of New York State.

 
SUMMARY OF PROVISIONS:

This amendment updates current equal protection language in the state
constitution to prohibit denial of equality of rights on the basis or
race, color, creed, religion, national origin, citizenship, marital
status, age, gender, sex, pregnancy, sexual orientation, gender identity

or expression, physical or mental disability or other immutable or
ascriptive characteristic.

 
EXISTING LAW:

Currently section 11 of the constitution provides protection from
discrimination on the basis of race, color, creed and religion.

 
JUSTIFICATION:

Equality of rights is a fundamental principal of both our state and our
nation, but conceptions of what equality of rights means have changed
dramatically over our,history. New York States equal protection clause
was adopted in 1938, prior to the civil rights movement, the women's
movement, the WET movement, the disability rights movement and the many
other challenges to discrimination in our state and nation. New York's
constitution should reflect the evolution of concepts of equal rights
and protections from discrimination that have occurred over the last
eighty years. This amendment would provide for broad equality of rights
by both extending protections to classes currently excluded from the
constitution and by offering a more complete definition of the
protections afforded under this section.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the Assembly and in
conformity with section 1 of article 19 of the constitution; be
published for three months previous to the time of such election.

2017-S7558 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7558
 
                             I N  S E N A T E
 
                             January 24, 2018
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing amendments to section 11 of article 1 of the constitution,  in
   relation to equality of rights and protection against discrimination
 
   Section 1. Resolved (if the Assembly concur), That section 11 of arti-
 cle 1 of the constitution be amended to read as follows:
   §  11.  [No person shall be denied the equal protection of the laws of
 this state or any subdivision thereof. No person shall, because of race,
 color, creed or religion, be subjected to any discrimination in  his  or
 her  civil  rights  by  any other person or by any firm, corporation, or
 institution, or by the state or any agency or subdivision of the state.]
 EQUALITY OF RIGHTS SHALL NOT BE DENIED  OR  ABRIDGED  BECAUSE  OF  RACE,
 COLOR,  CREED,  RELIGION,  NATIONAL ORIGIN, CITIZENSHIP, MARITAL STATUS,
 AGE, GENDER, SEX, PREGNANCY,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR
 EXPRESSION, PHYSICAL OR MENTAL DISABILITY, OTHER IMMUTABLE OR ASCRIPTIVE
 CHARACTERISTIC, OR LIKE GROUNDS FOR DISCRIMINATION, EXCLUSION, OR DISAD-
 VANTAGE,  BY  ANY  OTHER PERSON OR BY ANY FIRM, CORPORATION, OR INSTITU-
 TION, OR BY THE STATE OR ANY AGENCY OR SUBDIVISION OF THE STATE.
   EQUAL RIGHTS FOR PURPOSES OF THIS SECTION EXTEND TO EVERY PERSON WHOSE
 PROTECTION AGAINST PUBLIC AND PRIVATE DISCRIMINATION IS NEEDED TO ENSURE
 AN INCLUSIVE SOCIETY WITH EQUAL OPPORTUNITY FOR PERSONAL FULFILLMENT AND
 RESPECT FOR EVERYONE IN NEW YORK IN ALL THEIR DIVERSITY.
   NOTHING HEREIN SHALL BE USED TO INVALIDATE A LAW, PROGRAM, OR ACTIVITY
 THAT IS PROTECTED OR REQUIRED UNDER THIS SECTION.  TO  THE  EXTENT  THAT
 ENFORCEMENT  OF  ANY PART OF THIS SECTION IS FINALLY DECLARED INVALID AS
 PREEMPTED  BY  FEDERAL  LAW,  WHETHER  ON  CONSTITUTIONAL  OR  STATUTORY
 GROUNDS,  OR  FINALLY DETERMINED TO RESULT IN A LOSS OF FEDERAL FUNDING,
 THE STATE MAY BY LAW PROVIDE THAT THE ENFORCEMENT OF THIS  SECTION  WILL
 BE CURTAILED TO THE MINIMUM EXTENT NECESSARY TO AVOID SUCH PREEMPTION OR
 LOSS OF FUNDING.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for three months previous to the time of such election.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89119-01-8

co-Sponsors

View additional co-sponsors

2017-S7558A (ACTIVE) - Details

See Assembly Version of this Bill:: A9584
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §11, Constn
Versions Introduced in Other Legislative Sessions:: 2019-2020: S517, A272
2021-2022: S1268, A760

2017-S7558A (ACTIVE) - Summary

Relates to equality of rights and protection against discrimination.

2017-S7558A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7558A

SPONSOR: KRUEGER
 
TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to section 11 of article 1 of the constitution, in
relation to equality of rights and protection against discrimination

 
PURPOSE:

This resolution proposes to amend section 11 of article 1 of the consti-
tution. It would provide for broad equal rights and antidiscrimination
protections for residents of New York State.

 
SUMMARY OF PROVISIONS:

This amendment updates current equal protection language in the state
constitution to prohibit denial of equality of rights on the basis or
race, color, creed, religion, national origin, citizenship, marital
status, age, gender, sex, pregnancy, sexual orientation, gender identity
or expression, military status, physical or mental disability or other
immutable or ascriptive characteristic.

 
EXISTING LAW:

Currently section 11 of the constitution provides protection from
discrimination on the basis of race, color, creed and religion.

 
JUSTIFICATION:

Equality of rights is a fundamental principal of both our state and our
nation, but conceptions of what equality of rights means have changed
dramatically over our,history. New York States equal protection clause
was adopted in 1938, prior to the civil rights movement, the women's
movement, the WET movement, the disability rights movement and the many
other challenges to discrimination in our state and nation. New York's
constitution should reflect the evolution of concepts of equal rights
and protections from discrimination that have occurred over the last
eighty years. This amendment would provide for broad equality of rights
by both extending protections to classes currently excluded from the
constitution and by offering a more complete definition of the
protections afforded under this section.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the Assembly and in
conformity with section 1 of article 19 of the constitution; be
published for three months previous to the time of such election.

2017-S7558A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7558--A
 
                             I N  S E N A T E
 
                             January 24, 2018
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  amendments to section 11 of article 1 of the constitution, in
   relation to equality of rights and protection against discrimination
 
   Section 1. Resolved (if the Assembly concur), That section 11 of arti-
 cle 1 of the constitution be amended to read as follows:
   § 11. [No person shall be denied the equal protection of the  laws  of
 this state or any subdivision thereof. No person shall, because of race,
 color,  creed  or religion, be subjected to any discrimination in his or
 her civil rights by any other person or by  any  firm,  corporation,  or
 institution, or by the state or any agency or subdivision of the state.]
 EQUALITY  OF  RIGHTS  SHALL  NOT  BE DENIED OR ABRIDGED BECAUSE OF RACE,
 COLOR, CREED, RELIGION, NATIONAL ORIGIN,  CITIZENSHIP,  MARITAL  STATUS,
 AGE,  GENDER,  SEX,  PREGNANCY,  SEXUAL  ORIENTATION, GENDER IDENTITY OR
 EXPRESSION, MILITARY STATUS, PHYSICAL OR MENTAL DISABILITY, OTHER  IMMU-
 TABLE  OR ASCRIPTIVE CHARACTERISTIC, OR LIKE GROUNDS FOR DISCRIMINATION,
 EXCLUSION, OR DISADVANTAGE, BY ANY OTHER PERSON OR BY ANY  FIRM,  CORPO-
 RATION,  OR INSTITUTION, OR BY THE STATE OR ANY AGENCY OR SUBDIVISION OF
 THE STATE.
   EQUAL RIGHTS FOR PURPOSES OF THIS SECTION EXTEND TO EVERY PERSON WHOSE
 PROTECTION AGAINST PUBLIC AND PRIVATE DISCRIMINATION IS NEEDED TO ENSURE
 AN INCLUSIVE SOCIETY WITH EQUAL OPPORTUNITY FOR PERSONAL FULFILLMENT AND
 RESPECT FOR EVERYONE IN NEW YORK IN ALL THEIR DIVERSITY.
   NOTHING HEREIN SHALL BE USED TO INVALIDATE A LAW, PROGRAM, OR ACTIVITY
 THAT IS PROTECTED OR REQUIRED UNDER THIS SECTION.  TO  THE  EXTENT  THAT
 ENFORCEMENT  OF  ANY PART OF THIS SECTION IS FINALLY DECLARED INVALID AS
 PREEMPTED  BY  FEDERAL  LAW,  WHETHER  ON  CONSTITUTIONAL  OR  STATUTORY
 GROUNDS,  OR  FINALLY DETERMINED TO RESULT IN A LOSS OF FEDERAL FUNDING,
 THE STATE MAY BY LAW PROVIDE THAT THE ENFORCEMENT OF THIS  SECTION  WILL
 BE CURTAILED TO THE MINIMUM EXTENT NECESSARY TO AVOID SUCH PREEMPTION OR
 LOSS OF FUNDING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89119-02-8

 S. 7558--A                          2
 
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for three months previous to the time of such election.

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Senate Bill S7558A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S7558 - Details

2017-S7558 - Summary

2017-S7558 - Sponsor Memo

2017-S7558 - Bill Text download pdf

co-Sponsors

2017-S7558A (ACTIVE) - Details

2017-S7558A (ACTIVE) - Summary

2017-S7558A (ACTIVE) - Sponsor Memo

2017-S7558A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S7558 - Details

2017-S7558 - Summary

2017-S7558 - Sponsor Memo

2017-S7558 - Bill Text download pdf

co-Sponsors

2017-S7558A (ACTIVE) - Details

2017-S7558A (ACTIVE) - Summary

2017-S7558A (ACTIVE) - Sponsor Memo

2017-S7558A (ACTIVE) - Bill Text download pdf

Comments