NY State Senate Bill 2017-S6354

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2018	print number 6354a
Mar 01, 2018	amend and recommit to judiciary
Feb 15, 2018	opinion referred to judiciary
Jan 12, 2018	to attorney-general for opinion
Jan 03, 2018	referred to judiciary
Jun 07, 2017	opinion referred to judiciary
May 17, 2017	to attorney-general for opinion
May 11, 2017	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S6354 - Details

See Assembly Version of this Bill:: A8461
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §11, Constn

2017-S6354 - Summary

Relates to equality of rights and protection against discrimination.

2017-S6354 - Sponsor Memo

                                 BILL NUMBER:  S6354

 TITLE OF BILL :  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

 PURPOSE :

This resolution proposes to amend section 11 of article 1 of the
constitution. It would provide for broad equal rights and
antidiscrimination protections for residents of New York State.

 SUMMARY OF PROVISIONS :

This amendment updates current equal protection language in the state
constitution to prohibit denial of equality of rights on the basis or
race, color, creed, religion, national origin, citizenship, marital
status, age, gender, sex, pregnancy, sexual orientation, gender
identity or expression, physical or mental disability or other
immutable or ascriptive characteristic. The amendment provides that
these protections shall be self-executing and provides procedures for
addressing conflicts with federal law.

 EXISTING LAW :

Currently section 11 of the constitution provides protection from
discrimination on the basis of race, color, creed and religion.

 JUSTIFICATION :

Equality of rights is a fundamental principal of both our state and
our nation, but conceptions of what equality of rights means have
changed dramatically over our history. New York States equal
protection clause was adopted in 1938, prior to the civil rights
movement, the women's movement, the LGBT movement, the disability
rights movement and the many other challenges to discrimination in our
state and nation. New York's constitution should reflect the evolution
of concepts of equal rights and protections from discrimination that
have occurred over the last eighty years. This amendment would provide
for broad equality of rights by both extending protections to classes
currently excluded from the constitution and by offering a more
complete definition of the protections afforded under this section.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Resolved (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the Assembly and in
conformity with section 1 of article 19 of the constitution; be
published for three months previous to the time of such election.

2017-S6354 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6354
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BAILEY,  HOYLMAN,  MONTGOMERY, PERSAUD,
   SANDERS, STAVISKY -- read twice and ordered printed, and when  printed
   to be committed 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
 
   Section 1. RESOLVED (if the Assembly concur), That section 11 of arti-
 cle 1 of the constitution be amended to read as follows:
   § 11. [No person shall be denied the equal protection of the  laws  of
 this state or any subdivision thereof. No person shall, because of race,
 color,  creed  or religion, be subjected to any discrimination in his or
 her civil rights by any other person or by  any  firm,  corporation,  or
 institution, or by the state or any agency or subdivision of the state.]
 EQUALITY  OF  RIGHTS  SHALL  NOT  BE DENIED OR ABRIDGED BECAUSE OF RACE,
 COLOR, CREED, RELIGION, NATIONAL ORIGIN,  CITIZENSHIP,  MARITAL  STATUS,
 AGE,  GENDER,  SEX,  PREGNANCY,  SEXUAL  ORIENTATION, GENDER IDENTITY OR
 EXPRESSION, PHYSICAL OR MENTAL DISABILITY, OTHER IMMUTABLE OR ASCRIPTIVE
 CHARACTERISTIC, OR LIKE GROUNDS FOR DISCRIMINATION, EXCLUSION, OR DISAD-
 VANTAGE, BY ANY OTHER PERSON OR BY ANY FIRM,  CORPORATION,  OR  INSTITU-
 TION, OR BY THE STATE OR ANY AGENCY OR SUBDIVISION OF THE STATE.
   THE  PROTECTION  AGAINST  DISCRIMINATION  AFFORDED  BY THIS SECTION IS
 SELF-EXECUTING. TO THAT END, EQUAL RIGHTS FOR PURPOSES OF  THIS  SECTION
 EXTEND  TO  EVERY  PERSON  WHOSE  PROTECTION  AGAINST PUBLIC AND PRIVATE
 DISCRIMINATION IS NEEDED TO  ENSURE  AN  INCLUSIVE  SOCIETY  WITH  EQUAL
 OPPORTUNITY  FOR  PERSONAL  FULFILLMENT  AND RESPECT FOR EVERYONE IN NEW
 YORK IN ALL THEIR DIVERSITY.
   NOTHING HEREIN SHALL BE USED TO INVALIDATE A LAW, PROGRAM, OR ACTIVITY
 THAT IS PROTECTED OR REQUIRED UNDER THIS SECTION.  TO  THE  EXTENT  THAT
 ENFORCEMENT  OF  ANY PART OF THIS SECTION IS FINALLY DECLARED INVALID AS
 PREEMPTED  BY  FEDERAL  LAW,  WHETHER  ON  CONSTITUTIONAL  OR  STATUTORY
 GROUNDS,  OR  FINALLY DETERMINED TO RESULT IN A LOSS OF FEDERAL FUNDING,
 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

 S. 6354                             2
 
 BE CURTAILED TO THE MINIMUM EXTENT NECESSARY TO AVOID SUCH PREEMPTION OR
 LOSS OF FUNDING.
   §  2. RESOLVED (if the Assembly concur), That the foregoing amendments
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for three months previous to the time of such election.

co-Sponsors

View additional co-sponsors

2017-S6354A (ACTIVE) - Details

See Assembly Version of this Bill:: A8461
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §11, Constn

2017-S6354A (ACTIVE) - Summary

Relates to equality of rights and protection against discrimination.

2017-S6354A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6354A

SPONSOR: KRUEGER
 
PURPOSE:

This resolution proposes to amend section 11 of article 1 of the consti-
tution. It would provide for broad equal rights and antidiscrimination
protections for residents of New York State.

 
SUMMARY OF PROVISIONS:

This amendment updates current equal protection language in the state
constitution to prohibit denial of equality of rights on the basis or
race, color, creed, religion, national origin, citizenship, marital
status, age, gender, sex, pregnancy, sexual orientation, gender identity
or expression, military status, physical or mental disability or other
immutable or ascriptive characteristic. The amendment provides that
these protections shall be self-executing and provides procedures for
addressing conflicts with federal law.

 
EXISTING LAW:

Currently section 11 of the constitution provides protection from
discrimination on the basis of race, color, creed and religion.

 
JUSTIFICATION:

Equality of rights is a fundamental principal of both our state and our
nation, but conceptions of what equality of rights means have changed
dramatically over our history. New York States equal protection clause
was adopted in 1938, prior to the civil rights movement, the women's
movement, the LGBT movement, the disability rights movement and the many
other challenges to discrimination in our state and nation. New York's
constitution should reflect the evolution of concepts of equal rights
and protections from discrimination that have occurred over the last
eighty years. This amendment would provide for broad equality of rights
by both extending protections to classes currently excluded from the
constitution and by offering a more complete definition of the
protections afforded under this section.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the Assembly and in
conformity with section 1 of article 19 of the constitution; be
published for three months previous to the time of such election.

2017-S6354A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6354--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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
 
   Section 1. RESOLVED (if the Assembly concur), That section 11 of arti-
 cle 1 of the constitution be amended to read as follows:
   §  11.  [No person shall be denied the equal protection of the laws of
 this state or any subdivision thereof. No person shall, because of race,
 color, creed or religion, be subjected to any discrimination in  his  or
 her  civil  rights  by  any other person or by any firm, corporation, or
 institution, or by the state or any agency or subdivision of the state.]
 EQUALITY OF RIGHTS SHALL NOT BE DENIED  OR  ABRIDGED  BECAUSE  OF  RACE,
 COLOR,  CREED,  RELIGION,  NATIONAL ORIGIN, CITIZENSHIP, MARITAL STATUS,
 AGE, GENDER, SEX, PREGNANCY,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR
 EXPRESSION,  MILITARY STATUS, PHYSICAL OR MENTAL DISABILITY, OTHER IMMU-
 TABLE OR ASCRIPTIVE CHARACTERISTIC, OR LIKE GROUNDS FOR  DISCRIMINATION,
 EXCLUSION,  OR  DISADVANTAGE, BY ANY OTHER PERSON OR BY ANY FIRM, CORPO-
 RATION, OR INSTITUTION, OR BY THE STATE OR ANY AGENCY OR SUBDIVISION  OF
 THE STATE.
   THE  PROTECTION  AGAINST  DISCRIMINATION  AFFORDED  BY THIS SECTION IS
 SELF-EXECUTING. TO THAT END, EQUAL RIGHTS FOR PURPOSES OF  THIS  SECTION
 EXTEND  TO  EVERY  PERSON  WHOSE  PROTECTION  AGAINST PUBLIC AND PRIVATE
 DISCRIMINATION IS NEEDED TO  ENSURE  AN  INCLUSIVE  SOCIETY  WITH  EQUAL
 OPPORTUNITY  FOR  PERSONAL  FULFILLMENT  AND RESPECT FOR EVERYONE IN NEW
 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
 
   NOTHING HEREIN SHALL BE USED TO INVALIDATE A LAW, PROGRAM, OR ACTIVITY
 THAT IS PROTECTED OR REQUIRED UNDER THIS SECTION.  TO  THE  EXTENT  THAT
 ENFORCEMENT  OF  ANY PART OF THIS SECTION IS FINALLY DECLARED INVALID AS
 PREEMPTED  BY  FEDERAL  LAW,  WHETHER  ON  CONSTITUTIONAL  OR  STATUTORY
 GROUNDS,  OR  FINALLY DETERMINED TO RESULT IN A LOSS OF FEDERAL FUNDING,
 THE STATE MAY BY LAW PROVIDE THAT THE ENFORCEMENT OF THIS  SECTION  WILL
 BE CURTAILED TO THE MINIMUM EXTENT NECESSARY TO AVOID SUCH PREEMPTION OR
 LOSS OF FUNDING.
   §  2. RESOLVED (if the Assembly concur), That the foregoing amendments
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for three months previous to the time of such election.

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Senate Bill S6354

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2017-S6354 - Details

2017-S6354 - Summary

2017-S6354 - Sponsor Memo

2017-S6354 - Bill Text download pdf

co-Sponsors

2017-S6354A (ACTIVE) - Details

2017-S6354A (ACTIVE) - Summary

2017-S6354A (ACTIVE) - Sponsor Memo

2017-S6354A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6354

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2017-S6354 - Details

2017-S6354 - Summary

2017-S6354 - Sponsor Memo

2017-S6354 - Bill Text download pdf

co-Sponsors

2017-S6354A (ACTIVE) - Details

2017-S6354A (ACTIVE) - Summary

2017-S6354A (ACTIVE) - Sponsor Memo

2017-S6354A (ACTIVE) - Bill Text download pdf

Comments