NY State Senate Bill 2021-S102A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2022	print number 102a
Apr 14, 2022	amend and recommit to investigations and government operations
Jan 05, 2022	referred to investigations and government operations
Jan 06, 2021	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S102 - Details

See Assembly Version of this Bill:: A9136
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:: 2017-2018: S963
2019-2020: S294, A7093
2023-2024: S1404, A2790

2021-S102 - Summary

Relates to defining immigration status; provides a civil remedy for any harm or damage to the property or person of another or for summoning a police officer without reason to suspect a crime has been or is about to be committed due to a belief or perception regarding such person's immigration status.

2021-S102 - Sponsor Memo

                                
 
BILL NUMBER: S102          Revised 1/7/2021

SPONSOR: GIANARIS
 
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 immi-
gration status and providing a civil remedy for any harm or damage to
the property or person of another due to a belief or perception regard-
ing such person's 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 PROVISION:

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 defi-
nition of national origin, provided that no action taken based on immi-
gration 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.

 
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 discrimi-
nation 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 intim-
idated 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:
2020: Died in Investigations and Government Operations

2019: Died in Investigations and Government Operations

2018: Died in Investigations and Government Operations

2017: Died in Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None to the State.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law.

2021-S102 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    102
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, BAILEY, BRESLIN, HOYLMAN, PERSAUD, RIVERA,
   SANDERS, SERRANO, STAVISKY -- 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 person's 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 39 to read as follows:
   39.  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03524-01-1

 S. 102                              2
 
   § 3. Subdivision 1 of section 79-n of the civil rights law,  as  added
 by chapter 227 of the laws of 2010, is amended by adding a new paragraph
 (e) to read as follows:
   (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 amended
 by chapter 93 of the laws of 2020, 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  or summons a police officer or peace officer without
 reason to suspect a violation of  the  penal  law,  any  other  criminal
 conduct,  or  an imminent threat to a person or property, 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 satisfac-
 tion  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. For the
 purposes of this  subdivision,  a  person  lacks  reason  to  suspect  a
 violation  of  the penal law, any other criminal conduct, or an imminent
 threat to a person or property  where  a  reasonable  person  would  not
 suspect such violation, conduct, or threat.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S102A (ACTIVE) - Details

See Assembly Version of this Bill:: A9136
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:: 2017-2018: S963
2019-2020: S294, A7093
2023-2024: S1404, A2790

2021-S102A (ACTIVE) - Summary

2021-S102A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S102A

SPONSOR: GIANARIS
 
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 immi-
gration status and providing a civil remedy for any harm or damage to
the property or person of another due to a belief or perception regard-
ing such person's 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 defi-
nition of national origin, provided that no action taken based on immi-
gration 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.

 
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 discrimi-
nation 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 intim-
idated 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:

2020: Died in Investigations and Government Operations

2019: Died in Investigations and Government Operations 2018: Died in
Investigations and Government Operations

2017: Died in Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None to the State.

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law.

2021-S102A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  102--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, BAILEY, BRESLIN, HOYLMAN, PERSAUD, RIVERA,
   SANDERS, SERRANO, STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations -- recommitted to the Committee on Investigations and
   Government Operations in accordance with Senate  Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 person's 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 40 to read as follows:
   40. 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03524-03-2
 S. 102--A                           2
 
 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 227 of the laws of 2010, is amended by adding a new paragraph
 (e) to read as follows:
   (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 amended
 by chapter 93 of the laws of 2020, 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 or summons a police officer or  peace  officer  without
 reason  to  suspect  a  violation  of  the penal law, any other criminal
 conduct, or an imminent threat to a person or property, 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 satisfac-
 tion 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.  For  the
 purposes  of  this  subdivision,  a  person  lacks  reason  to suspect a
 violation of the penal law, any other criminal conduct, or  an  imminent
 threat  to  a  person  or  property  where a reasonable person would not
 suspect such violation, conduct, or threat.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S102A

Sponsored By

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

Bill Amendments

co-Sponsors

2021-S102 - Details

2021-S102 - Summary

2021-S102 - Sponsor Memo

2021-S102 - Bill Text download pdf

co-Sponsors

2021-S102A (ACTIVE) - Details

2021-S102A (ACTIVE) - Summary

2021-S102A (ACTIVE) - Sponsor Memo

2021-S102A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S102A

Share this bill

Sponsored By

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

Bill Amendments

co-Sponsors

2021-S102 - Details

2021-S102 - Summary

2021-S102 - Sponsor Memo

2021-S102 - Bill Text download pdf

co-Sponsors

2021-S102A (ACTIVE) - Details

2021-S102A (ACTIVE) - Summary

2021-S102A (ACTIVE) - Sponsor Memo

2021-S102A (ACTIVE) - Bill Text download pdf

Comments