NY State Senate Bill S7558A

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

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Actions

view actions (5)

	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)

Original

A (Active)

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

S7558 - Summary

Relates to equality of rights and protection against discrimination.

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.

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

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

S7558A (ACTIVE) - Summary

Relates to equality of rights and protection against discrimination.

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.

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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The New York State Senate

senate Bill S7558A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Your Voice

Actions

Bill Amendments

S7558 - Details

S7558 - Summary

S7558 - Sponsor Memo

S7558 - Bill Text download pdf

Co-Sponsors

S7558A (ACTIVE) - Details

S7558A (ACTIVE) - Summary

S7558A (ACTIVE) - Sponsor Memo

S7558A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7558A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Your Voice

Actions

Bill Amendments

S7558 - Details

S7558 - Summary

S7558 - Sponsor Memo

S7558 - Bill Text download pdf

Co-Sponsors

S7558A (ACTIVE) - Details

S7558A (ACTIVE) - Summary

S7558A (ACTIVE) - Sponsor Memo

S7558A (ACTIVE) - Bill Text download pdf

Comments