S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4438
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 and the general municipal law, in
   relation to providing for local human rights laws

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Effective Enforcement of Civil Rights Act of 2023".
   § 2. Legislative purpose. To encourage municipalities to  take  advan-
 tage  of  their home rule powers to proscribe discrimination and to more
 broadly prohibit discriminatory conduct and decisions that  take  place,
 in  whole  or  in part, within a local jurisdiction, regardless of where
 that conduct and decisions have impact.
   § 3. Section 292 of the executive law  is  amended  by  adding  a  new
 subdivision 42 to read as follows:
   42.  THE  TERM  "LOCAL  HUMAN  RIGHTS LAW", WHEN USED IN THIS ARTICLE,
 MEANS A LAW OF A CITY OR OF A COUNTY NOT WHOLLY LOCATED  WITHIN  A  CITY
 THAT  HAS  DELINEATED AND PROSCRIBED LOCAL UNLAWFUL DISCRIMINATORY PRAC-
 TICES.
   § 4. Subdivisions 6 and 16 of section 295 of the executive law, subdi-
 vision 6 as amended by chapter 958 of the laws of 1968  and  subdivision
 16  as  added by chapter 493 of the laws of 1970, are amended to read as
 follows:
   6. (a) To receive,  investigate  and  pass  upon  complaints  alleging
 violations of this article AND LOCAL HUMAN RIGHTS LAWS.
   (b) Upon its own motion, to test and investigate and to make, sign and
 file  complaints  alleging  violations  of  this article AND LOCAL HUMAN
 RIGHTS LAWS, and to initiate investigations and studies to carry out the
 purposes of this article.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08835-02-3
 S. 4438                             2
              

 
   16. To have concurrent jurisdiction [with the New York city commission
 on human rights over the administration and enforcement of  title  C  of
 chapter  one  of  the  administrative  code  of the city of New York] TO
 ENFORCE A LOCAL HUMAN RIGHTS LAW ALONG WITH THE COUNTY OR CITY THAT  HAS
 ENACTED SUCH LOCAL HUMAN RIGHTS LAW.
   §  5.  Article  12-D of the general municipal law, as added by chapter
 376 of the laws of 1963, the article heading as amended by  chapter  413
 of  the  laws  of 1964, section 239-o, paragraph (a) of subdivision 1 of
 section 239-q, and subdivisions (a) and (b) of section 239-r as  amended
 by  chapter  560  of  the laws of 2019, sections 239-q, 239-r, 239-s and
 239-t as amended by chapter 958 of the laws of 1968, is amended to  read
 as follows:
                                ARTICLE 12-D
                 [COMMISSIONS ON] LOCAL HUMAN RIGHTS LAWS,
                       COMMISSIONS, AND DEPARTMENTS
 Section 239-o.[Creation,  appointment  and terms] ENACTMENT AND ENFORCE-
                  MENT OF LOCAL HUMAN RIGHTS LAWS.
         239-p.[Officers and employees; expenses]  CREATION,  APPOINTMENT
                  AND  TERMS OF COMMISSIONS ON, AND DEPARTMENTS OF, HUMAN
                  RIGHTS.
         239-q.[General  duties  and  powers]  OFFICERS  AND   EMPLOYEES;
                  EXPENSES.
         239-r. General DUTIES, POWERS, AND obligations.
         239-s.[New  York  city  commission  on  human rights] POWERS NOT
                  LIMITED; CONCURRENT JURISDICTION.
         239-t. Filing copies.
   § 239-o.  ENACTMENT AND ENFORCEMENT OF LOCAL HUMAN RIGHTS LAWS. 1. THE
 LEGISLATIVE BODY OF ANY CITY OR ANY COUNTY NOT WHOLLY LOCATED  WITHIN  A
 CITY, MAY:
   (A)  ENACT  SUCH  LEGISLATION AS IT SEES FIT TO DEFINE, PROSCRIBE, AND
 REMEDY LOCAL UNLAWFUL DISCRIMINATORY PRACTICES;
   (B) DETERMINE WHETHER SUCH LEGISLATION IS TO BE  ENFORCED  ADMINISTRA-
 TIVELY  OR  THROUGH  AN ACTION COMMENCED IN A COURT OF GENERAL JURISDIC-
 TION; AND
   (C) DETERMINE  WHICH  PERSONS  AND  ENTITIES  ARE  PERMITTED  TO  SEEK
 ENFORCEMENT.
   2. SUCH LOCAL LAWS SHALL BE ENFORCEABLE BY OR ON BEHALF OF ALL PERSONS
 WHETHER  OR  NOT  THOSE  PERSONS  ARE RESIDENTS OF THE CITY OR COUNTY IN
 QUESTION, AND WHETHER OR NOT THOSE PERSONS ARE RESIDENTS OF  THE  STATE,
 SO  LONG  AS  THE  DISCRIMINATORY  CONDUCT OR DECISION-MAKING OCCURS, IN
 WHOLE OR IN PART, WITHIN THE GEOGRAPHIC BOUNDS OF SUCH CITY OR COUNTY IN
 QUESTION. SUCH LOCAL LAWS SHALL ALSO BE ENFORCEABLE BY OR ON  BEHALF  OF
 RESIDENTS  OF  THE  CITY  OR  COUNTY  IN QUESTION EVEN WHERE NEITHER THE
 DISCRIMINATORY CONDUCT NOR DECISION-MAKING OCCURS WITHIN THE  GEOGRAPHIC
 BOUNDS  OF  THE CITY OR COUNTY; PROVIDED THAT THE DISCRIMINATORY CONDUCT
 OR DECISION-MAKING IS THE ACT OF A RESIDENT OF THIS STATE OR AN ACT OF A
 CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE OR AUTHORIZED  TO  DO
 BUSINESS IN THIS STATE.
   §  239-P.  Creation,  appointment  and  terms  OF  COMMISSIONS ON, AND
 DEPARTMENTS OF, HUMAN RIGHTS. The governing board of any  county,  city,
 village  or town may by resolution create a commission on, OR DEPARTMENT
 OF, human rights. [The] IN  THE  CASE  OF  CREATING  A  COMMISSION,  THE
 governing  board  shall  determine the number of members of such commis-
 sion, the terms of  the  members,  the  manner  of  appointment  of  the
 members, the selection of a chairman and the compensation, if any, to be
 paid to them. In selecting the membership of the commission, the govern-
 S. 4438                             3
 
 ing  board shall take into consideration the various ages, races, creed,
 color,  national  origin,  sexual  orientation,   gender   identity   or
 expression, military status, sex, disability, predisposing genetic char-
 acteristics,  familial  status, marital status, domestic violence victim
 status and political groups in the community. The establishment of  such
 a  commission at one level of local government shall not preclude estab-
 lishment of such a commission at other levels of local government.
   § [239-p] 239-Q. Officers and employees; expenses. [The] A  commission
 shall  have  the  power and authority to employ an executive director, a
 secretary and such attorneys, experts and  other  employees  as  may  be
 necessary,  within  the  amount  made  available  by the local governing
 board. Each county, city, village and  town  is  hereby  authorized  and
 empowered  to  make  such  appropriation  for  such expenses and for the
 compensation, if any, to be paid to the members  of  the  commission.  A
 CITY  OR  COUNTY  SHALL HAVE THE POWER AND AUTHORITY TO EMPLOY STAFF AND
 EXPEND FUNDS IN RESPECT TO DEPARTMENTS OF HUMAN RIGHTS  AS  IT  DOES  IN
 RESPECT TO ANY OTHER MUNICIPAL DEPARTMENT.
   § [239-q] 239-R. General duties [and], powers, AND OBLIGATIONS. 1.  It
 shall be the duty of [the] A commission:
   (a)  To foster mutual respect and understanding among all ages, races,
 creed, color, national origin, sexual orientation,  gender  identity  or
 expression, military status, sex, disability, predisposing genetic char-
 acteristics,  familial  status,  marital  status  and  domestic violence
 victim status groups in the community.
   (b) To make such studies in any field of  human  relationship  in  the
 community  as in the judgment of the commission will aid in effectuating
 its general purposes and where desirable, to make the  results  of  such
 studies public.
   (c) To inquire into incidents of tension and conflict among or between
 various  racial,  religious  and  nationality  groups,  and to take such
 action as may be designed to alleviate such tensions and conflict.
   (d) To conduct and recommend such  educational  programs  as,  in  the
 judgment  of the commission, will increase goodwill among inhabitants of
 the community and open new opportunities into all  phases  of  community
 life for all inhabitants.
   2.  In  addition to all other powers, [the] A commission, where and to
 the extent authorized by local law or ordinance, shall have the power:
   [a.] (A) To report complaints to the division of human rights alleging
 unlawful discriminatory practices under article fifteen of the executive
 law.
   [b.] (B) To receive, accept and  use  and  expend  public  grants  and
 private  gifts,  donations  or  bequests  and  other payments, goods and
 services, notwithstanding any other provision of law.
   [§ 239-r. General  obligations.]  3.  A  commission  on  human  rights
 created  under  the  provisions  of  section two hundred [thirty-nine-o]
 THIRTY-NINE-P of  this  article  shall  discharge  the  following  obli-
 gations[.]:
   (a)  To  receive  complaints  of  alleged discrimination because of an
 individual's age, race, creed, color or national origin,  sexual  orien-
 tation,  gender identity or expression, military status, marital status,
 sex, disability, predisposing genetic characteristics, familial  status,
 marital  status  or  domestic violence victim status, to seek the active
 assistance of the division of human rights in the solution of complaints
 which fall within the jurisdiction of the division and  to  prepare  its
 own  plans  in  the case of other complaints with a view to reducing and
 S. 4438                             4
 
 eliminating such alleged discrimination through the process  of  confer-
 ence, conciliation and persuasion.
   (b)  To hold conferences, and other public meetings in the interest of
 the constructive resolution of age, race, creed, color, national origin,
 sexual orientation, gender identity or expression, military status, sex,
 disability, predisposing genetic characteristics, familial status, mari-
 tal status and domestic violence victim status group  tensions  and  the
 prejudice and discrimination occasioned thereby.
   (c)  To issue such publications and reports of investigation as in its
 judgment will tend to effectuate the purposes of this article.
   (d) To enlist the cooperation and participation of the various racial,
 religious and nationality groups, community organizations, industry  and
 labor  organizations  media or mass communication, fraternal and benevo-
 lent associations, and other groups in an educational  campaign  devoted
 to  fostering  among  the diverse groups of the community mutual esteem,
 justice and equity and opening new  opportunities  into  all  phases  of
 community life for all individuals.
   (e)  To encourage and stimulate agencies under the jurisdiction of the
 governing board which created the commission to take such action as will
 fulfill the purposes of this article.
   (f) To submit an annual report to the governing board or boards and to
 furnish a copy thereof to the division of human rights.
   § 239-s. [New York city commission on human rights] POWERS NOT  LIMIT-
 ED;  CONCURRENT JURISDICTION. Nothing in this article shall be deemed to
 limit or reduce the powers of the New  York  city  commission  on  human
 rights[,  and  with  respect to such powers, the jurisdiction of the New
 York city commission on human rights in relation to matters  within  the
 city  of  New  York  shall be] OR THE SCOPE AND COVERAGE OF THE NEW YORK
 CITY HUMAN RIGHTS LAW.  THE JURISDICTION AND POWERS EXERCISED OR  TO  BE
 EXERCISED UNDER LOCAL HUMAN RIGHTS LAWS, COMMISSIONS AND DEPARTMENTS ARE
 deemed  to  be  concurrent  with  the jurisdiction of the New York state
 division of human rights IN RESPECT TO THE CONDUCT  AND  DECISION-MAKING
 SET  OUT IN SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTY-NINE-O OF THIS
 ARTICLE.
   § 239-t. Filing copies. One copy each of any resolution, ordinance  or
 local  law which has been, or which may hereafter be adopted, creating a
 commission on human rights, or  any  amendment  thereto,  shall,  on  or
 before  September  first,  nineteen  hundred sixty-seven, or within five
 days after its adoption, be filed with the division of human rights.
   § 6. This act shall take effect immediately.