Bill Text: NY A08461 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 8461 (Prior Session Legislation)

Introduced

Bill Title: Relates to equality of rights and protection against discrimination.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A08461 Detail]

Download: New_York-2017-A08461-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8461
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced  by M. of A. MAYER -- 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
     1    Section 1. RESOLVED (if the Senate concur), That section 11 of article
     2  1 of the constitution be amended to read as follows:
     3    §  11.  [No person shall be denied the equal protection of the laws of
     4  this state or any subdivision thereof. No person shall, because of race,
     5  color, creed or religion, be subjected to any discrimination in  his  or
     6  her  civil  rights  by  any other person or by any firm, corporation, or
     7  institution, or by the state or any agency or subdivision of the state.]
     8  Equality of rights shall not be denied  or  abridged  because  of  race,
     9  color,  creed,  religion,  national origin, citizenship, marital status,
    10  age, gender, sex, pregnancy,  sexual  orientation,  gender  identity  or
    11  expression, physical or mental disability, other immutable or ascriptive
    12  characteristic, or like grounds for discrimination, exclusion, or disad-
    13  vantage,  by  any  other person or by any firm, corporation, or institu-
    14  tion, or by the state or any agency or subdivision of the state.
    15    The protection against discrimination  afforded  by  this  section  is
    16  self-executing.  To  that end, equal rights for purposes of this section
    17  extend to every person  whose  protection  against  public  and  private
    18  discrimination  is  needed  to  ensure  an  inclusive society with equal
    19  opportunity for personal fulfillment and respect  for  everyone  in  New
    20  York in all their diversity.
    21    Nothing herein shall be used to invalidate a law, program, or activity
    22  that  is  protected  or  required under this section. To the extent that
    23  enforcement of any part of this section is finally declared  invalid  as
    24  preempted  by  federal  law,  whether  on  constitutional  or  statutory
    25  grounds, or finally determined to result in a loss of  federal  funding,
    26  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.
                                                                   LBD89109-01-7

        A. 8461                             2
     1  be curtailed to the minimum extent necessary to avoid such preemption or
     2  loss of funding.
     3    § 2. RESOLVED (if the Senate concur), That the foregoing amendments be
     4  referred  to  the  first regular legislative session convening after the
     5  next succeeding general election of members of  the  assembly,  and,  in
     6  conformity  with  section  1  of  article  19  of  the  constitution, be
     7  published for three months previous to the time of such election.