senate Bill S517B

2019-2020 Legislative Session

Relates to equality of rights and protection against discrimination

download bill text pdf

Sponsored By

Current 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 (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 02, 2020 print number 517c
Jul 02, 2020 amend (t) and recommit to judiciary
Mar 13, 2020 opinion referred to judiciary
Feb 14, 2020 to attorney-general for opinion
Jan 08, 2020 referred to judiciary
returned to senate
died in assembly
Jun 17, 2019 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1410
committee discharged and committed to rules
Jun 11, 2019 opinion referred to judiciary
Jun 06, 2019 to attorney-general for opinion
Jun 04, 2019 print number 517b
Jun 04, 2019 amend and recommit to judiciary
May 15, 2019 print number 517a
May 15, 2019 amend and recommit to judiciary
Feb 07, 2019 opinion referred to judiciary
Jan 11, 2019 to attorney-general for opinion
Jan 09, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

S517 - Details

See Assembly Version of this Bill:
A272
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 1 §11, Constn
Versions Introduced in 2017-2018 Legislative Session:
S7558, A9584

S517 - Summary

Relates to equality of rights and protection against discrimination.

S517 - Sponsor Memo

S517 - Bill Text download pdf


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

                                   517

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUC-
  CI, COMRIE, HOYLMAN, KAPLAN, MAYER, METZGER, PARKER, PERSAUD, SANDERS,
  SEPULVEDA, SERRANO, STAVISKY -- 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, 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,

Co-Sponsors

view additional co-sponsors

S517A - Details

See Assembly Version of this Bill:
A272
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 1 §11, Constn
Versions Introduced in 2017-2018 Legislative Session:
S7558, A9584

S517A - Summary

Relates to equality of rights and protection against discrimination.

S517A - Sponsor Memo

S517A - Bill Text download pdf


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

                                 517--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUC-
  CI, COMRIE, HOYLMAN, JACKSON, KAPLAN,  MAY,  MAYER,  METZGER,  PARKER,
  PERSAUD,  SANDERS,  SEPULVEDA,  SERRANO,  STAVISKY  --  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,  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

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

Sponsor's Position

We have to make clear that equal rights are for everyone in New York State.

Co-Sponsors

view additional co-sponsors

S517B - Details

See Assembly Version of this Bill:
A272
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 1 §11, Constn
Versions Introduced in 2017-2018 Legislative Session:
S7558, A9584

S517B - Summary

Relates to equality of rights and protection against discrimination.

S517B - Sponsor Memo

S517B - Bill Text download pdf


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

                                 517--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUC-
  CI, COMRIE, HOYLMAN, JACKSON, KAPLAN, LIU, MAY, MAYER, METZGER,  PARK-
  ER,  PERSAUD,  SALAZAR,  SANDERS, SEPULVEDA, SERRANO, STAVISKY -- 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  --  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. (A) 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, NATIONAL ORIGIN, AGE,  DISABILITY,  creed  [or],
religion, OR SEX INCLUDING PREGNANCY, SEXUAL ORIENTATION, GENDER IDENTI-
TY OR EXPRESSION, 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  RIGHT  THAT
IMPACTS  THE  EQUAL OPPORTUNITY OF ALL THE PEOPLE OF NEW YORK TO ENJOY A
FULL AND PRODUCTIVE LIFE.
  (B) THIS SECTION SHALL NOT BE CONSTRUED TO:
  (1) PRECLUDE BONA FIDE QUALIFICATIONS FOR A JOB, POSITION, BENEFIT  OR
SERVICE  IN  A  PARTICULAR CAPACITY IF AUTHORIZED BY LAW WITH RESPECT TO
DISABILITY OR AGE; OR
  (2) PRECLUDE REASONABLE ACCOMMODATION WITH RESPECT  TO  DISABILITY  OR
PREGNANCY; OR

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

Co-Sponsors

view additional co-sponsors

S517C (ACTIVE) - Details

See Assembly Version of this Bill:
A272
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 1 §11, Constn
Versions Introduced in 2017-2018 Legislative Session:
S7558, A9584

S517C (ACTIVE) - Summary

Relates to equality of rights and protection against discrimination.

S517C (ACTIVE) - Sponsor Memo

S517C (ACTIVE) - Bill Text download pdf


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

                                 517--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUC-
  CI, COMRIE, HARCKHAM, HOYLMAN, JACKSON, KAPLAN, LIU, MAY, MAYER, METZ-
  GER, PARKER, PERSAUD, SALAZAR, SANDERS, SEPULVEDA,  SERRANO,  STAVISKY
  -- 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  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Judi-
  ciary  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an amendment to article 1 of the constitution, in relation to
  equality of rights and protection against discrimination

  Section 1. Resolved (if the Assembly concur), That article  1  of  the
constitution be amended by adding a new section 19 to read as follows:
  §  19.  (A)  NO  PERSON SHALL BE DENIED EQUAL RIGHTS UNDER THE LAWS OF
THIS STATE OR ANY SUBDIVISION  THEREOF  BASED  ON  THAT  PERSON'S  RACE,
COLOR, ETHNICITY, NATIONAL ORIGIN, DISABILITY, OR SEX INCLUDING PREGNAN-
CY  AND  PREGNANCY  OUTCOMES,  SEXUAL  ORIENTATION, GENDER IDENTITY, AND
GENDER EXPRESSION.
  (B) NO GOVERNMENT ENTITY, NOR ANY ENTITY ACTING IN CONCERT WITH OR  ON
BEHALF  OF  THE  GOVERNMENT,  NOR  ANY ENTITY IN ITS PROVISION OF PUBLIC
ACCOMMODATIONS, EMPLOYMENT, OR PERSONNEL  PRACTICES  SHALL  DISCRIMINATE
AGAINST  ANY  PERSON  IN EITHER INTENT OR EFFECT BASED ON THE CHARACTER-
ISTICS LISTED IN SUBDIVISION (A) OF THIS SECTION.
  (C) NO GOVERNMENT ENTITY, NOR ANY ENTITY ACTING IN CONCERT WITH OR  ON
BEHALF  OF  THE  GOVERNMENT,  NOR  ANY ENTITY IN THE PROVISION OF PUBLIC
ACCOMMODATIONS, EMPLOYMENT, OR PERSONNEL  PRACTICES  SHALL  DISCRIMINATE
AGAINST ANY PERSON BASED ON THAT PERSON'S RELIGION. IN INTERPRETING THIS
SECTION,  THE  COURTS  SHALL  ANALYZE CLAIMS OF RELIGIOUS DISCRIMINATION

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