Bill Text: NY S00115 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "New York religious freedom act".

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00115 Detail]

Download: New_York-2023-S00115-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           115

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  KRUEGER,  BAILEY,  BRESLIN, LIU, RIVERA, SERRANO,
          STAVISKY -- read twice and ordered printed, and  when  printed  to  be
          committed to the Committee on Codes

        AN  ACT  to  amend the civil rights law, in relation to enacting the New
          York religious freedom act

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Short title. This act shall be known, and may be cited, as
     2  the "New York religious freedom act".
     3    § 2. Legislative intent. The Legislature finds and declares all of the
     4  following:
     5    (a) In New York, we celebrate the rich cultural heritage and diversity
     6  of our residents.
     7    (b) Freedom of religion and protection from persecution  are  founding
     8  ideals of our nation.
     9    (c) New York must uphold the protection of religious freedom enshrined
    10  in  the  United States Constitution for all of its people, and the state
    11  has a moral obligation to protect its  citizens  from  religious  perse-
    12  cution.
    13    (d)  Section 3 of Article I of the New York state Constitution guaran-
    14  tees the free exercise and enjoyment of religion without  discrimination
    15  or preference.
    16    §  3.  The  civil  rights law is amended by adding a new section 16 to
    17  read as follows:
    18    § 16. New York religious freedom act.  1.  Notwithstanding  any  other
    19  law,  a  state  or local agency or public employee acting under color of
    20  law shall not:
    21    (a) Provide or disclose to federal government  authorities  personally
    22  identifiable  information regarding the religious beliefs, practices, or
    23  affiliation of any individual for  the  purpose  of  compiling  a  list,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01085-01-3
        S. 115                              2

     1  registry,  or  database  of  individuals based on religious affiliation,
     2  national origin, or ethnicity.
     3    (b) Use agency money, facilities, property, equipment, or personnel to
     4  assist  in  creation,  implementation,  or enforcement of any government
     5  program compiling a list, registry, or database of personally  identifi-
     6  able  information about individuals based on religious belief, practice,
     7  or affiliation, or national origin or ethnicity, for law enforcement  or
     8  immigration purposes.
     9    (c)  Make  personally  identifiable  information from agency databases
    10  available,  including  any  databases  maintained  by  private   vendors
    11  contracting  with the agency, to anyone or any entity for the purpose of
    12  investigation or enforcement under any government  program  compiling  a
    13  list,  registry,  or  database of individuals based on religious belief,
    14  practice, or affiliation,  or  national  origin  or  ethnicity  for  law
    15  enforcement or immigration purposes.
    16    2.  Notwithstanding  any  other  law,  state and local law enforcement
    17  agencies shall not:
    18    (a) Collect information on the religious belief, practice,  or  affil-
    19  iation of any individual except: (1) as part of a targeted investigation
    20  of  an individual based on reasonable suspicion to believe that individ-
    21  ual has engaged in criminal activity, and when there is  a  clear  nexus
    22  between  the  criminal  activity  and the specific information collected
    23  about religious belief, practice, or affiliation; or (2) where necessary
    24  to provide religious accommodations.
    25    (b) Use agency money, facilities, property, equipment, or personnel to
    26  investigate, enforce, or assist in the investigation or  enforcement  of
    27  any  criminal,  civil,  or  administrative  violation,  or warrant for a
    28  violation, of any requirement that individuals register with the federal
    29  government or any federal agency based on religion, national origin,  or
    30  ethnicity.
    31    3.  Any  agreements in existence on the effective date of this section
    32  that make any agency or department information or database available  in
    33  conflict  with  the terms of this section are terminated on that date to
    34  the extent of the conflict.
    35    4. Nothing in this section prohibits any state or  local  agency  from
    36  sending  to,  or  receiving  from,  any local, state, or federal agency,
    37  information regarding an individual's citizenship or immigration status.
    38  "Information  regarding  an  individual's  citizenship  or   immigration
    39  status,  lawful  or  unlawful"  for  purposes  of this section, shall be
    40  interpreted consistent with Sections 1373 and 1644 of  Title  8  of  the
    41  United States Code.
    42    5.  Nothing  in this section is intended to prevent any state or local
    43  agency from compiling aggregate non-personally identifiable  information
    44  about  religious  belief,  practice,  or affiliation, national origin or
    45  ethnicity or from exchanging it with  other  local,  state,  or  federal
    46  agencies.
    47    § 4. This act shall take effect immediately.