NY State Senate Bill 2017-S963

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 05, 2017	referred to investigations and government operations

co-Sponsors

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2017-S963 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L; amd §79-n, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S294
2021-2022: S102
2023-2024: S1404

2017-S963 (ACTIVE) - Summary

Relates to defining immigration status in the executive law and the civil rights law; and provides a civil remedy for any harm or damage to the property or person of another due to a belief or perception regarding such person's immigration status.

2017-S963 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S963

 TITLE OF BILL :

An act to amend the executive law, in relation to defining immigration
status; and to amend the civil rights law, in relation to defining
immigration status and providing a civil remedy for any harm or damage
to the property or person of another due to a belief or perception
regarding such persons immigration status

 PURPOSE :

To include "immigration status" in the definition of "national origin"
for the purposes of the antidiscrimination regime set forth by the
Human Rights Law and the Civil Rights Law.

 SUMMARY OF PROVISIONS :

Section 1 establishes a definition of the term "immigration status",
to be defined as the possession or lack thereof of any certification,
documentation, or authorization to be present in the country for a
specific or unspecific amount of time as one of several
classifications of an immigrant as defined by federal law.

Section 2 would add the term "immigration status" to the current
definition of national origin, provided that no action taken based on

immigration status or verification of such status would be considered
a violation of this Article when required by federal law.

Sections 3 and 4 would add the term "immigration status" as previously
defined to the list of protected classes under the Civil Rights Law
provisions on civil remedies for bias-related crimes or intimidation.

Section 5 sets the effective date as sixty days after enactment.

 EXISTING LAW :

Currently discrimination on the basis of immigration status would not
be considered to be discrimination on the basis of national origin if
the reason for the discrimination is solely based on a person's
immigration status.

 JUSTIFICATION :

New York State's Human Rights Law is on the forefront of protecting
various classes of people from a wide range of discrimination,
including employment, housing, credit, and public accommodation.
Despite current protections in law, including protections against
discrimination on the basis of national origin, there are no
protections against discrimination on the basis of a person's
immigration status.

This legislation would include immigration status as a protected class
of people to prevent further discriminatory actions against various
categories of immigrants. It would also expand current civil remedies
for victims of bias-related crimes to those who are assaulted or
intimidated due to their immigration status. New York is a state built
upon immigration with a unique history and understanding of the
immigrant experience. By protecting individual against such
discrimination, New York will continue its historic role as a leader
in treating all people with dignity.

 LEGISLATIVE HISTORY :

New Bill.

 BUDGET IMPLICATIONS :

This bill has no budget implications for the State.

 EFFECTIVE DATE :
This bill would take effect 60 days after enactment.

2017-S963 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    963
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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, in relation to  defining  immigration
   status;  and  to  amend  the civil rights law, in relation to defining
   immigration status and providing a civil remedy for any harm or damage
   to the property or person of another due to  a  belief  or  perception
   regarding such persons immigration status
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35. THE TERM "IMMIGRATION STATUS", WHEN USED IN THIS ARTICLE, MEANS  A
 PERSON'S  POSSESSION  OR NON-POSSESSION OF CERTIFICATION, DOCUMENTATION,
 OR AUTHORIZATION TO BE PRESENT IN THE UNITED STATES FOR  A  SPECIFIC  OR
 UNDETERMINED PERIOD OF TIME, AS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT
 RESIDENCE  AS DEFINED IN 8 U.S.C. § 1101(A)(20), A REFUGEE AS DEFINED IN
 8 U.S.C. § 1101(A)(42), AN ALIEN WHO HAS BEEN GRANTED ASYLUM PURSUANT TO
 8 U.S.C. § 1158, AN ALIEN THAT HAS BEEN LAWFULLY ADMITTED FOR  TEMPORARY
 RESIDENCE PURSUANT TO 8 U.S.C.  § 1255A, OR ANY OTHER RELATED STATUS.
   §  2.  Subdivision 8 of section 292 of the executive law is amended to
 read as follows:
   8. The term "national origin" shall, for the purposes of this article,
 include "ancestry[.]" AND SHALL ALSO INCLUDE IMMIGRATION STATUS AS  SUCH
 TERM IS DEFINED IN THIS ARTICLE. HOWEVER, NOTHING CONTAINED HEREIN SHALL
 BE  CONSTRUED TO PROHIBIT VERIFICATION OF A PERSON'S IMMIGRATION STATUS,
 NOR SHALL ANY ADVERSE ACTION BE  PROHIBITED  WHEN  BASED  UPON  VERIFIED
 IMMIGRATION STATUS AS REQUIRED BY FEDERAL LAW.
   § 3. Subdivision 1 of section 79-n of the civil rights law as added by
 chapter  277  of  the laws of 2010, is amended by adding a new paragraph
 (e) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06666-02-7

 S. 963                              2
 
   (E) THE TERM "IMMIGRATION STATUS" MEANS A PERSON'S POSSESSION OR  NON-
 POSSESSION OF CERTIFICATION, DOCUMENTATION, OR AUTHORIZATION TO BE PRES-
 ENT  IN THE UNITED STATES FOR A SPECIFIC OR UNDETERMINED PERIOD OF TIME,
 AS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE AS  DEFINED  IN  8
 U.S.C. § 1101(A)(20), A REFUGEE AS DEFINED IN 8 U.S.C. § 1101(A)(42), AN
 ALIEN  WHO  HAS BEEN GRANTED ASYLUM PURSUANT TO 8 U.S.C. §1158, AN ALIEN
 THAT HAS BEEN LAWFULLY ADMITTED FOR TEMPORARY RESIDENCE  PURSUANT  TO  8
 U.S.C.  § 1255A, OR ANY OTHER RELATED STATUS.
   §  4.  Subdivision 2 of section 79-n of the civil rights law, as added
 by chapter 227 of the laws of 2010, is amended to read as follows:
   2. Any person who intentionally selects a person or property for  harm
 or causes damage to the property of another or causes physical injury or
 death  to another in whole or in substantial part because of a belief or
 perception regarding  the  race,  color,  national  origin,  IMMIGRATION
 STATUS,  ancestry, gender, religion, religious practice, age, disability
 or sexual orientation of a person, regardless of whether the  belief  or
 perception  is correct, shall be liable, in a civil action or proceeding
 maintained by such individual or group of  individuals,  for  injunctive
 relief, damages, or any other appropriate relief in law or equity. If it
 shall  appear  to  the  satisfaction  of  the  court or justice that the
 respondent has, in fact, violated this section,  an  injunction  may  be
 issued  by  such court or justice, enjoining and restraining any further
 violation, without requiring proof that any person has,  in  fact,  been
 injured or damaged thereby.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S963

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2017-S963 (ACTIVE) - Details

2017-S963 (ACTIVE) - Summary

2017-S963 (ACTIVE) - Sponsor Memo

2017-S963 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S963

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2017-S963 (ACTIVE) - Details

2017-S963 (ACTIVE) - Summary

2017-S963 (ACTIVE) - Sponsor Memo

2017-S963 (ACTIVE) - Bill Text download pdf

Comments