assembly Bill A9412

2021-2022 Legislative Session

Enacts the New York religious land use and religious exercise act

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2022 referred to governmental operations

A9412 (ACTIVE) - Details

Law Section:
Civil Rights Law
Laws Affected:
Ren Art 10 §§100 & 101 to be Art 15 §§150 & 151, add Art 10 §§100 - 107, Civ Rts L

A9412 (ACTIVE) - Summary

Enacts the New York religious land use and religious exercise act prohibiting unreasonable restriction on regulations affecting religious land use or affecting religious exercise of institutionalized persons.

A9412 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9412
 
                           I N  A S S E M B L Y
 
                               March 3, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to  enacting  the  New
   York religious land use and religious exercise act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the  "New  York
 religious land use and religious exercise act".
   §  2.  Article 10 and sections 100 and 101 of the civil rights law, as
 renumbered by chapter 263 of the laws of 2019, are renumbered article 15
 and sections 150 and 151, respectively.
   § 3. The civil rights law is amended by adding a  new  article  10  to
 read as follows:
                                 ARTICLE 10
                 RELIGIOUS LAND USE AND RELIGIOUS EXERCISE
 SECTION 100. DEFINITIONS.
         101. RESTRICTION ON REGULATIONS AFFECTING RELIGIOUS LAND USE.
         102. RESTRICTION  ON REGULATIONS AFFECTING RELIGIOUS EXERCISE OF
                INSTITUTIONALIZED PERSONS.
         103. GOVERNMENT DISCRETION IN ALLEVIATING BURDENS  ON  RELIGIOUS
                EXERCISE.
         104. JUDICIAL RELIEF.
         105. RULES OF CONSTRUCTION.
         106. BROAD CONSTRUCTION.
         107. SEVERABILITY.
   § 100. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CLAIMANT"  MEANS  A  PERSON RAISING A CLAIM OR DEFENSE UNDER THIS
 ARTICLE.
   2. "DEMONSTRATES" MEANS MEETS THE BURDENS OF GOING  FORWARD  WITH  THE
 EVIDENCE AND OF PERSUASION.
   3. "FREE EXERCISE CLAUSE" MEANS THAT PORTION OF THE FIRST AMENDMENT TO
 THE  CONSTITUTION  THAT PROSCRIBES LAWS PROHIBITING THE FREE EXERCISE OF
 RELIGION.
   4. "GOVERNMENT" MEANS:
   (A) THE STATE;
   (B) THE GOVERNING BOARD OF A MUNICIPAL CORPORATION AS SUCH  TERMS  ARE
 DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW;