NY State Senate Bill 2021-S832

Archive: Last Bill Status - In Senate Committee Codes 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
Jan 05, 2022	referred to codes
Jan 06, 2021	referred to codes

co-Sponsors

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2021-S832 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §16, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4379
2019-2020: S1924
2023-2024: S115

2021-S832 (ACTIVE) - Summary

Enacts the "New York religious freedom act".

2021-S832 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S832

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill is the title.

Section two of the bill is comprised of legislative findings.

Section three of the bill adds a new Section 16 to the civil rights law
establishing the New York religious freedom act which prohibits disclo-
sure to federal government authorities of personally identifiable infor-
mation regarding religious beliefs for the purpose of compiling a regis-
try based on religious affiliation, national origin or ethnicity;
prohibits the use of resources for the creation implementation or
enforcement of any registry of information based upon religious belief;
and prohibits making personally identifiable information regarding reli-

gious belief to any entity creating such a registry.

Furthermore the act prohibits state and local law enforcement agencies
from collecting information on religious belief except in the course of
an investigation where there is a clear nexus between criminal activity
and the specific information, or where necessary to provide religious
accommodations; or using resources to assist in any requirement that
individuals register with the federal government based on religion,
national origin or ethnicity.

Section four establishes the effective date.

 
JUSTIFICATION:

In New York, we celebrate the rich cultural heritage and diversity of
our residents. Freedom of religion and protection from persecution are
founding ideals of our nation. New York must uphold the protection of
religious freedom enshrined in the United States Constitution for all of
its people, and the state has a moral obligation to protect its citizens
from religious persecution.

This legislation is necessary to ensure that New York agencies are
prepared to appropriately deny access to information to any entity
attempting to establish a registry based on religious belief. On January
27, 2017, President Trump signed an Executive Order relating to immi-
gration. In that order, the President imposed a 90-day ban prohibiting
all foreign nationals from seven countries from entering the U.S. He
further suspended the entry of all refugees into the country for 120
days and indefinitely suspended permission for refugees from Syria to
come to the U.S. While the President asserted that this was "not a
Muslim ban," all seven of the countries affected by the Order are predo-
minately Muslim. President Trump has also indicated in public remarks
that he would take religion into account in determining who was eligible
to enter the country, and has expressed support fora Muslim registry.

There is nothing in current law that explicitly bars state or local
agencies or public employees acting under color of law from providing
data about personal information related to religious beliefs, national
origin, or ethnicity to the federal government for a religious registry.
This legislation seeks to prevent individuals from being targeted based
on their religious affiliation, national origin, or ethnicity by any
federal program that would compile a list, database, or registry based
on that information.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.1924/ codes - A.3273/Ortiz - Gov. Ops
2017-2018: S.4379/codes - A.10263/Ortiz - Gov. Ops

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately.

2021-S832 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    832
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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:
 
   Section  1. Short title. This act shall be known, and may be cited, as
 the "New York religious freedom act".
   § 2. Legislative intent. The Legislature finds and declares all of the
 following:
   (a) In New York, we celebrate the rich cultural heritage and diversity
 of our residents.
   (b) Freedom of religion and protection from persecution  are  founding
 ideals of our nation.
   (c) New York must uphold the protection of religious freedom enshrined
 in  the  United States Constitution for all of its people, and the state
 has a moral obligation to protect its  citizens  from  religious  perse-
 cution.
   (d)  Section 3 of Article I of the New York state Constitution guaran-
 tees the free exercise and enjoyment of religion without  discrimination
 or preference.
   §  3.  The  civil  rights law is amended by adding a new section 16 to
 read as follows:
   § 16. NEW YORK RELIGIOUS FREEDOM ACT.  1.  NOTWITHSTANDING  ANY  OTHER
 LAW,  A  STATE  OR LOCAL AGENCY OR PUBLIC EMPLOYEE ACTING UNDER COLOR OF
 LAW SHALL NOT:
   (A) PROVIDE OR DISCLOSE TO FEDERAL GOVERNMENT  AUTHORITIES  PERSONALLY
 IDENTIFIABLE  INFORMATION REGARDING THE RELIGIOUS BELIEFS, PRACTICES, OR
 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.
                                                            LBD03529-01-1

 S. 832                              2
 
 REGISTRY,  OR  DATABASE  OF  INDIVIDUALS BASED ON RELIGIOUS AFFILIATION,
 NATIONAL ORIGIN, OR ETHNICITY.
   (B) USE AGENCY MONEY, FACILITIES, PROPERTY, EQUIPMENT, OR PERSONNEL TO
 ASSIST  IN  CREATION,  IMPLEMENTATION,  OR ENFORCEMENT OF ANY GOVERNMENT
 PROGRAM COMPILING A LIST, REGISTRY, OR DATABASE OF PERSONALLY  IDENTIFI-
 ABLE  INFORMATION ABOUT INDIVIDUALS BASED ON RELIGIOUS BELIEF, PRACTICE,
 OR AFFILIATION, OR NATIONAL ORIGIN OR ETHNICITY, FOR LAW ENFORCEMENT  OR
 IMMIGRATION PURPOSES.
   (C)  MAKE  PERSONALLY  IDENTIFIABLE  INFORMATION FROM AGENCY DATABASES
 AVAILABLE,  INCLUDING  ANY  DATABASES  MAINTAINED  BY  PRIVATE   VENDORS
 CONTRACTING  WITH THE AGENCY, TO ANYONE OR ANY ENTITY FOR THE PURPOSE OF
 INVESTIGATION OR ENFORCEMENT UNDER ANY GOVERNMENT  PROGRAM  COMPILING  A
 LIST,  REGISTRY,  OR  DATABASE OF INDIVIDUALS BASED ON RELIGIOUS BELIEF,
 PRACTICE, OR AFFILIATION,  OR  NATIONAL  ORIGIN  OR  ETHNICITY  FOR  LAW
 ENFORCEMENT OR IMMIGRATION PURPOSES.
   2.  NOTWITHSTANDING  ANY  OTHER  LAW,  STATE AND LOCAL LAW ENFORCEMENT
 AGENCIES SHALL NOT:
   (A) COLLECT INFORMATION ON THE RELIGIOUS BELIEF, PRACTICE,  OR  AFFIL-
 IATION OF ANY INDIVIDUAL EXCEPT: (1) AS PART OF A TARGETED INVESTIGATION
 OF  AN INDIVIDUAL BASED ON REASONABLE SUSPICION TO BELIEVE THAT INDIVID-
 UAL HAS ENGAGED IN CRIMINAL ACTIVITY, AND WHEN THERE IS  A  CLEAR  NEXUS
 BETWEEN  THE  CRIMINAL  ACTIVITY  AND THE SPECIFIC INFORMATION COLLECTED
 ABOUT RELIGIOUS BELIEF, PRACTICE, OR AFFILIATION; OR (2) WHERE NECESSARY
 TO PROVIDE RELIGIOUS ACCOMMODATIONS.
   (B) USE AGENCY MONEY, FACILITIES, PROPERTY, EQUIPMENT, OR PERSONNEL TO
 INVESTIGATE, ENFORCE, OR ASSIST IN THE INVESTIGATION OR  ENFORCEMENT  OF
 ANY  CRIMINAL,  CIVIL,  OR  ADMINISTRATIVE  VIOLATION,  OR WARRANT FOR A
 VIOLATION, OF ANY REQUIREMENT THAT INDIVIDUALS REGISTER WITH THE FEDERAL
 GOVERNMENT OR ANY FEDERAL AGENCY BASED ON RELIGION, NATIONAL ORIGIN,  OR
 ETHNICITY.
   3.  ANY  AGREEMENTS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION
 THAT MAKE ANY AGENCY OR DEPARTMENT INFORMATION OR DATABASE AVAILABLE  IN
 CONFLICT  WITH  THE TERMS OF THIS SECTION ARE TERMINATED ON THAT DATE TO
 THE EXTENT OF THE CONFLICT.
   4. NOTHING IN THIS SECTION PROHIBITS ANY STATE OR  LOCAL  AGENCY  FROM
 SENDING  TO,  OR  RECEIVING  FROM,  ANY LOCAL, STATE, OR FEDERAL AGENCY,
 INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS.
 "INFORMATION  REGARDING  AN  INDIVIDUAL'S  CITIZENSHIP  OR   IMMIGRATION
 STATUS,  LAWFUL  OR  UNLAWFUL"  FOR  PURPOSES  OF THIS SECTION, SHALL BE
 INTERPRETED CONSISTENT WITH SECTIONS 1373 AND 1644 OF  TITLE  8  OF  THE
 UNITED STATES CODE.
   5.  NOTHING  IN THIS SECTION IS INTENDED TO PREVENT ANY STATE OR LOCAL
 AGENCY FROM COMPILING AGGREGATE NON-PERSONALLY IDENTIFIABLE  INFORMATION
 ABOUT  RELIGIOUS  BELIEF,  PRACTICE,  OR AFFILIATION, NATIONAL ORIGIN OR
 ETHNICITY OR FROM EXCHANGING IT WITH  OTHER  LOCAL,  STATE,  OR  FEDERAL
 AGENCIES.
   § 4. This act shall take effect immediately.

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Senate Bill S832

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S832 (ACTIVE) - Details

2021-S832 (ACTIVE) - Summary

2021-S832 (ACTIVE) - Sponsor Memo

2021-S832 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S832

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Jamaal T. Bailey

Neil D. Breslin

John C. Liu

Gustavo Rivera

2021-S832 (ACTIVE) - Details

2021-S832 (ACTIVE) - Summary

2021-S832 (ACTIVE) - Sponsor Memo

2021-S832 (ACTIVE) - Bill Text download pdf

Comments