The New York State Senate

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

                                   272

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred 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 Senate concur), That section 11 of article
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD89010-01-9

A. 272                              2

BE CURTAILED TO THE MINIMUM EXTENT NECESSARY TO AVOID SUCH PREEMPTION OR
LOSS OF FUNDING.
  §  2. Resolved (if the Senate 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.

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

                                 272--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of  A.  SEAWRIGHT,  OTIS,  SIMOTAS  -- read once and
  referred to the Committee on Judiciary -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

            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 Senate concur), That section 11 of article
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,  ETHNICITY,  NATIONALITY,  NATIONAL  ORIGIN, SEX INCLUDING
PREGNANCY, SEXUAL ORIENTATION AND GENDER IDENTITY OR  EXPRESSION,  DISA-
BILITY,  AGE, creed or religion, OR LIKE GROUNDS USED TO DEPRIVE A CLASS
OF THE PEOPLE OF NEW YORK OF THEIR EQUAL OPPORTUNITY TO ENJOY A FULL AND
PRODUCTIVE LIFE, be subjected to any discrimination in OR TO ANY  DENIAL
OR ABRIDGMENT OF his or her EQUAL 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.  THE WORDS "CIVIL RIGHTS" MEAN ANY LEGAL RIGHT
THAT IMPACTS SUCH EQUAL OPPORTUNITY.
  THIS SECTION SHALL NOT BE CONSTRUED TO PRECLUDE BONA  FIDE  QUALIFICA-
TIONS  FOR  A JOB, POSITION, BENEFIT OR SERVICE IN A PARTICULAR CAPACITY
IF AUTHORIZED BY LAW WITH RESPECT TO DISABILITY, AGE OR RELIGION OR  ANY
LEGAL  REQUIREMENT OF REASONABLE ACCOMMODATION WITH RESPECT TO DISABILI-
TY, PREGNANCY OR RELIGIOUS PRACTICE OR  TO  INVALIDATE  OR  PREVENT  THE
ADOPTION  OF  ANY  LAW,  REGULATION, PROGRAM OR ACTIVITY THAT HAS AS ITS
OBJECT THE AMELIORATION  OF  CONDITIONS  OF  HISTORICALLY  DISADVANTAGED
INDIVIDUALS  OR  COMMUNITIES,  INCLUDING  THOSE  THIS  SECTION  PROTECTS
AGAINST DISCRIMINATION IN OR ANY DENIAL OR  ABRIDGMENT  OF  EQUAL  CIVIL
RIGHTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD89010-03-9

A. 272--A                           2

  IF  ANY  PART  OF  THIS  SECTION,  OR ANY ACTION TAKEN TO ENFORCE THIS
SECTION, BE FINALLY DECLARED INVALID UNDER FEDERAL  LAW  OR  THE  UNITED
STATES  CONSTITUTION,  OR  BE  FINALLY DETERMINED TO RESULT IN A LOSS OF
FEDERAL FUNDING TO THE STATE OR ANY AGENCY OR SUBDIVISION OF THE  STATE,
THIS SECTION SHALL BE IMPLEMENTED TO THE MAXIMUM EXTENT THAT FEDERAL LAW
AND  THE  UNITED  STATES  CONSTITUTION  PERMIT, OR TO THE MAXIMUM EXTENT
POSSIBLE WITHOUT THE LOSS OF FEDERAL FUNDING. ANY PROVISION HELD INVALID
SHALL BE SEVERABLE FROM THE REMAINING PORTIONS OF THIS SECTION.
  § 2. Resolved (if the Senate 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.