Bill Text: NY S06354 | 2017-2018 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2018-03-01 - PRINT NUMBER 6354A [S06354 Detail]

Download: New_York-2017-S06354-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6354--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced by Sens. KRUEGER, BAILEY, CARLUCCI, DILAN, HOYLMAN, KAMINSKY,
          KENNEDY,  MONTGOMERY,  PERALTA,  PERSAUD,  RIVERA,  SANDERS,  SERRANO,
          STAVISKY -- read twice and ordered printed, and  when  printed  to  be
          committed  to the Committee on Judiciary -- recommitted to the Commit-
          tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
                    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 Assembly concur), That section 11 of arti-
     2  cle 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,  military status, physical or mental disability, other immu-
    12  table or ascriptive characteristic, or like grounds for  discrimination,
    13  exclusion,  or  disadvantage, by any other person or by any firm, corpo-
    14  ration, or institution, or by the state or any agency or subdivision  of
    15  the state.
    16    The  protection  against  discrimination  afforded  by this section is
    17  self-executing. To that end, equal rights for purposes of  this  section
    18  extend  to  every  person  whose  protection  against public and private
    19  discrimination is needed to  ensure  an  inclusive  society  with  equal
    20  opportunity  for  personal  fulfillment  and respect for everyone in New
    21  York in all their diversity.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89109-02-8
        S. 6354--A                          2
     1    Nothing herein shall be used to invalidate a law, program, or activity
     2  that is protected or required under this section.  To  the  extent  that
     3  enforcement  of  any part of this section is finally declared invalid as
     4  preempted  by  federal  law,  whether  on  constitutional  or  statutory
     5  grounds,  or  finally determined to result in a loss of federal funding,
     6  the state may by law provide that the enforcement of this  section  will
     7  be curtailed to the minimum extent necessary to avoid such preemption or
     8  loss of funding.
     9    §  2. RESOLVED (if the Assembly concur), That the foregoing amendments
    10  be referred to the first regular legislative session convening after the
    11  next succeeding general election of members of  the  assembly,  and,  in
    12  conformity  with  section  1  of  article  19  of  the  constitution, be
    13  published for three months previous to the time of such election.