Bill Text: NY S04438 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "Effective Enforcement of Civil Rights Act"; provides for the enactment and enforcement of local human rights laws.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04438 Detail]
Download: New_York-2023-S04438-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4438 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Effective Enforcement of Civil Rights Act of 2023". 3 § 2. Legislative purpose. To encourage municipalities to take advan- 4 tage of their home rule powers to proscribe discrimination and to more 5 broadly prohibit discriminatory conduct and decisions that take place, 6 in whole or in part, within a local jurisdiction, regardless of where 7 that conduct and decisions have impact. 8 § 3. Section 292 of the executive law is amended by adding a new 9 subdivision 42 to read as follows: 10 42. The term "local human rights law", when used in this article, 11 means a law of a city or of a county not wholly located within a city 12 that has delineated and proscribed local unlawful discriminatory prac- 13 tices. 14 § 4. Subdivisions 6 and 16 of section 295 of the executive law, subdi- 15 vision 6 as amended by chapter 958 of the laws of 1968 and subdivision 16 16 as added by chapter 493 of the laws of 1970, are amended to read as 17 follows: 18 6. (a) To receive, investigate and pass upon complaints alleging 19 violations of this article and local human rights laws. 20 (b) Upon its own motion, to test and investigate and to make, sign and 21 file complaints alleging violations of this article and local human 22 rights laws, and to initiate investigations and studies to carry out the 23 purposes of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08835-02-3S. 4438 2 1 16. To have concurrent jurisdiction [with the New York city commission2on human rights over the administration and enforcement of title C of3chapter one of the administrative code of the city of New York] to 4 enforce a local human rights law along with the county or city that has 5 enacted such local human rights law. 6 § 5. Article 12-D of the general municipal law, as added by chapter 7 376 of the laws of 1963, the article heading as amended by chapter 413 8 of the laws of 1964, section 239-o, paragraph (a) of subdivision 1 of 9 section 239-q, and subdivisions (a) and (b) of section 239-r as amended 10 by chapter 560 of the laws of 2019, sections 239-q, 239-r, 239-s and 11 239-t as amended by chapter 958 of the laws of 1968, is amended to read 12 as follows: 13 ARTICLE 12-D 14 [COMMISSIONS ON] LOCAL HUMAN RIGHTS LAWS, 15 COMMISSIONS, AND DEPARTMENTS 16 Section 239-o.[Creation, appointment and terms] Enactment and enforce- 17 ment of local human rights laws. 18 239-p.[Officers and employees; expenses] Creation, appointment 19 and terms of commissions on, and departments of, human 20 rights. 21 239-q.[General duties and powers] Officers and employees; 22 expenses. 23 239-r. General duties, powers, and obligations. 24 239-s.[New York city commission on human rights] Powers not 25 limited; concurrent jurisdiction. 26 239-t. Filing copies. 27 § 239-o. Enactment and enforcement of local human rights laws. 1. The 28 legislative body of any city or any county not wholly located within a 29 city, may: 30 (a) enact such legislation as it sees fit to define, proscribe, and 31 remedy local unlawful discriminatory practices; 32 (b) determine whether such legislation is to be enforced administra- 33 tively or through an action commenced in a court of general jurisdic- 34 tion; and 35 (c) determine which persons and entities are permitted to seek 36 enforcement. 37 2. Such local laws shall be enforceable by or on behalf of all persons 38 whether or not those persons are residents of the city or county in 39 question, and whether or not those persons are residents of the state, 40 so long as the discriminatory conduct or decision-making occurs, in 41 whole or in part, within the geographic bounds of such city or county in 42 question. Such local laws shall also be enforceable by or on behalf of 43 residents of the city or county in question even where neither the 44 discriminatory conduct nor decision-making occurs within the geographic 45 bounds of the city or county; provided that the discriminatory conduct 46 or decision-making is the act of a resident of this state or an act of a 47 corporation organized under the laws of this state or authorized to do 48 business in this state. 49 § 239-p. Creation, appointment and terms of commissions on, and 50 departments of, human rights. The governing board of any county, city, 51 village or town may by resolution create a commission on, or department 52 of, human rights. [The] In the case of creating a commission, the 53 governing board shall determine the number of members of such commis- 54 sion, the terms of the members, the manner of appointment of the 55 members, the selection of a chairman and the compensation, if any, to be 56 paid to them. In selecting the membership of the commission, the govern-S. 4438 3 1 ing board shall take into consideration the various ages, races, creed, 2 color, national origin, sexual orientation, gender identity or 3 expression, military status, sex, disability, predisposing genetic char- 4 acteristics, familial status, marital status, domestic violence victim 5 status and political groups in the community. The establishment of such 6 a commission at one level of local government shall not preclude estab- 7 lishment of such a commission at other levels of local government. 8 § [239-p] 239-q. Officers and employees; expenses. [The] A commission 9 shall have the power and authority to employ an executive director, a 10 secretary and such attorneys, experts and other employees as may be 11 necessary, within the amount made available by the local governing 12 board. Each county, city, village and town is hereby authorized and 13 empowered to make such appropriation for such expenses and for the 14 compensation, if any, to be paid to the members of the commission. A 15 city or county shall have the power and authority to employ staff and 16 expend funds in respect to departments of human rights as it does in 17 respect to any other municipal department. 18 § [239-q] 239-r. General duties [and], powers, and obligations. 1. It 19 shall be the duty of [the] a commission: 20 (a) To foster mutual respect and understanding among all ages, races, 21 creed, color, national origin, sexual orientation, gender identity or 22 expression, military status, sex, disability, predisposing genetic char- 23 acteristics, familial status, marital status and domestic violence 24 victim status groups in the community. 25 (b) To make such studies in any field of human relationship in the 26 community as in the judgment of the commission will aid in effectuating 27 its general purposes and where desirable, to make the results of such 28 studies public. 29 (c) To inquire into incidents of tension and conflict among or between 30 various racial, religious and nationality groups, and to take such 31 action as may be designed to alleviate such tensions and conflict. 32 (d) To conduct and recommend such educational programs as, in the 33 judgment of the commission, will increase goodwill among inhabitants of 34 the community and open new opportunities into all phases of community 35 life for all inhabitants. 36 2. In addition to all other powers, [the] a commission, where and to 37 the extent authorized by local law or ordinance, shall have the power: 38 [a.] (a) To report complaints to the division of human rights alleging 39 unlawful discriminatory practices under article fifteen of the executive 40 law. 41 [b.] (b) To receive, accept and use and expend public grants and 42 private gifts, donations or bequests and other payments, goods and 43 services, notwithstanding any other provision of law. 44 [§ 239-r. General obligations.] 3. A commission on human rights 45 created under the provisions of section two hundred [thirty-nine-o] 46 thirty-nine-p of this article shall discharge the following obli- 47 gations[.]: 48 (a) To receive complaints of alleged discrimination because of an 49 individual's age, race, creed, color or national origin, sexual orien- 50 tation, gender identity or expression, military status, marital status, 51 sex, disability, predisposing genetic characteristics, familial status, 52 marital status or domestic violence victim status, to seek the active 53 assistance of the division of human rights in the solution of complaints 54 which fall within the jurisdiction of the division and to prepare its 55 own plans in the case of other complaints with a view to reducing andS. 4438 4 1 eliminating such alleged discrimination through the process of confer- 2 ence, conciliation and persuasion. 3 (b) To hold conferences, and other public meetings in the interest of 4 the constructive resolution of age, race, creed, color, national origin, 5 sexual orientation, gender identity or expression, military status, sex, 6 disability, predisposing genetic characteristics, familial status, mari- 7 tal status and domestic violence victim status group tensions and the 8 prejudice and discrimination occasioned thereby. 9 (c) To issue such publications and reports of investigation as in its 10 judgment will tend to effectuate the purposes of this article. 11 (d) To enlist the cooperation and participation of the various racial, 12 religious and nationality groups, community organizations, industry and 13 labor organizations media or mass communication, fraternal and benevo- 14 lent associations, and other groups in an educational campaign devoted 15 to fostering among the diverse groups of the community mutual esteem, 16 justice and equity and opening new opportunities into all phases of 17 community life for all individuals. 18 (e) To encourage and stimulate agencies under the jurisdiction of the 19 governing board which created the commission to take such action as will 20 fulfill the purposes of this article. 21 (f) To submit an annual report to the governing board or boards and to 22 furnish a copy thereof to the division of human rights. 23 § 239-s. [New York city commission on human rights] Powers not limit- 24 ed; concurrent jurisdiction. Nothing in this article shall be deemed to 25 limit or reduce the powers of the New York city commission on human 26 rights[, and with respect to such powers, the jurisdiction of the New27York city commission on human rights in relation to matters within the28city of New York shall be] or the scope and coverage of the New York 29 city human rights law. The jurisdiction and powers exercised or to be 30 exercised under local human rights laws, commissions and departments are 31 deemed to be concurrent with the jurisdiction of the New York state 32 division of human rights in respect to the conduct and decision-making 33 set out in subdivision two of section two hundred thirty-nine-o of this 34 article. 35 § 239-t. Filing copies. One copy each of any resolution, ordinance or 36 local law which has been, or which may hereafter be adopted, creating a 37 commission on human rights, or any amendment thereto, shall, on or 38 before September first, nineteen hundred sixty-seven, or within five 39 days after its adoption, be filed with the division of human rights. 40 § 6. This act shall take effect immediately.
