S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8669
 
                             I N  S E N A T E
 
                              March 29, 2022
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Effective Enforcement of Civil Rights Act of 2022".
   §  2.  Legislative purpose. To encourage municipalities to take advan-
 tage of their home rule powers to proscribe discrimination and  to  more
 broadly  prohibit  discriminatory conduct and decisions that take place,
 in whole or in part, within a local jurisdiction,  regardless  of  where
 that conduct and decisions have impact.
   §  3.  Section  292  of  the  executive law is amended by adding a new
 subdivision 40 to read as follows:
   40. THE TERM "LOCAL HUMAN RIGHTS LAW",  WHEN  USED  IN  THIS  ARTICLE,
 MEANS  A  LAW  OF A CITY OR OF A COUNTY NOT WHOLLY LOCATED WITHIN A CITY
 THAT HAS DELINEATED AND PROSCRIBED LOCAL UNLAWFUL  DISCRIMINATORY  PRAC-
 TICES.
   § 4. Subdivisions 6 and 16 of section 295 of the executive law, subdi-
 vision  6  as amended by chapter 958 of the laws of 1968 and subdivision
 16 as added by chapter 493 of the laws of 1970, are amended to  read  as
 follows:
   6.  (a)  To  receive,  investigate  and  pass upon complaints alleging
 violations of this article AND LOCAL HUMAN RIGHTS LAWS.
   (b) Upon its own motion, to test and investigate and to make, sign and
 file complaints alleging violations of  this  article  AND  LOCAL  HUMAN
 RIGHTS LAWS, and to initiate investigations and studies to carry out the
 purposes of this article.
   16. To have concurrent jurisdiction [with the New York city commission
 on  human  rights  over the administration and enforcement of title C of
 chapter one of the administrative code of  the  city  of  New  York]  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13132-04-2
              

 S. 8669                             2
 
 ENFORCE  A LOCAL HUMAN RIGHTS LAW ALONG WITH THE COUNTY OR CITY THAT HAS
 ENACTED SUCH LOCAL HUMAN RIGHTS LAW.
   §  5.  Article  12-D of the general municipal law, as added by chapter
 376 of the laws of 1963, the article heading as amended by  chapter  413
 of  the  laws  of 1964, section 239-o, paragraph (a) of subdivision 1 of
 section 239-q, and subdivisions (a) and (b) of section 239-r as  amended
 by  chapter  560  of  the laws of 2019, sections 239-q, 239-r, 239-s and
 239-t as amended by chapter 958 of the laws of 1968, is amended to  read
 as follows:
                                ARTICLE 12-D
                 [COMMISSIONS ON] LOCAL HUMAN RIGHTS LAWS,
                       COMMISSIONS, AND DEPARTMENTS
 Section 239-o.[Creation,  appointment  and terms] ENACTMENT AND ENFORCE-
                  MENT OF LOCAL HUMAN RIGHTS LAWS.
         239-p.[Officers and employees; expenses]  CREATION,  APPOINTMENT
                  AND  TERMS OF COMMISSIONS ON, AND DEPARTMENTS OF, HUMAN
                  RIGHTS.
         239-q.[General  duties  and  powers]  OFFICERS  AND   EMPLOYEES;
                  EXPENSES.
         239-r. General DUTIES, POWERS, AND obligations.
         239-s.[New  York  city  commission  on  human rights] POWERS NOT
                  LIMITED; CONCURRENT JURISDICTION.
         239-t. Filing copies.
   § 239-o.  ENACTMENT AND ENFORCEMENT OF LOCAL HUMAN RIGHTS LAWS. 1. THE
 LEGISLATIVE BODY OF ANY CITY OR ANY COUNTY NOT WHOLLY LOCATED  WITHIN  A
 CITY, MAY:
   (A)  ENACT  SUCH  LEGISLATION AS IT SEES FIT TO DEFINE, PROSCRIBE, AND
 REMEDY LOCAL UNLAWFUL DISCRIMINATORY PRACTICES;
   (B) DETERMINE WHETHER SUCH LEGISLATION IS TO BE  ENFORCED  ADMINISTRA-
 TIVELY  OR  THROUGH  AN ACTION COMMENCED IN A COURT OF GENERAL JURISDIC-
 TION; AND
   (C) DETERMINE  WHICH  PERSONS  AND  ENTITIES  ARE  PERMITTED  TO  SEEK
 ENFORCEMENT.
   2. SUCH LOCAL LAWS SHALL BE ENFORCEABLE BY OR ON BEHALF OF ALL PERSONS
 WHETHER  OR  NOT  THOSE  PERSONS  ARE RESIDENTS OF THE CITY OR COUNTY IN
 QUESTION, AND WHETHER OR NOT THOSE PERSONS ARE RESIDENTS OF  THE  STATE,
 SO  LONG  AS  THE  DISCRIMINATORY  CONDUCT OR DECISION-MAKING OCCURS, IN
 WHOLE OR IN PART, WITHIN THE GEOGRAPHIC BOUNDS OF SUCH CITY OR COUNTY IN
 QUESTION. SUCH LOCAL LAWS SHALL ALSO BE ENFORCEABLE BY OR ON  BEHALF  OF
 RESIDENTS  OF  THE  CITY  OR  COUNTY  IN QUESTION EVEN WHERE NEITHER THE
 DISCRIMINATORY CONDUCT NOR DECISION-MAKING OCCURS WITHIN THE  GEOGRAPHIC
 BOUNDS  OF  THE CITY OR COUNTY; PROVIDED THAT THE DISCRIMINATORY CONDUCT
 OR DECISION-MAKING IS THE ACT OF A RESIDENT OF THIS STATE OR AN ACT OF A
 CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE OR AUTHORIZED  TO  DO
 BUSINESS IN THIS STATE.
   §  239-P.  Creation,  appointment  and  terms  OF  COMMISSIONS ON, AND
 DEPARTMENTS OF, HUMAN RIGHTS. The governing board of any  county,  city,
 village  or town may by resolution create a commission on, OR DEPARTMENT
 OF, human rights. [The] IN  THE  CASE  OF  CREATING  A  COMMISSION,  THE
 governing  board  shall  determine the number of members of such commis-
 sion, the terms of  the  members,  the  manner  of  appointment  of  the
 members, the selection of a chairman and the compensation, if any, to be
 paid to them. In selecting the membership of the commission, the govern-
 ing  board shall take into consideration the various ages, races, creed,
 color,  national  origin,  sexual  orientation,   gender   identity   or
 expression, military status, sex, disability, predisposing genetic char-
 S. 8669                             3
 
 acteristics,  familial  status, marital status, domestic violence victim
 status and political groups in the community. The establishment of  such
 a  commission at one level of local government shall not preclude estab-
 lishment of such a commission at other levels of local government.
   §  [239-p] 239-Q. Officers and employees; expenses. [The] A commission
 shall have the power and authority to employ an  executive  director,  a
 secretary  and  such  attorneys,  experts  and other employees as may be
 necessary, within the amount  made  available  by  the  local  governing
 board.  Each  county,  city,  village  and town is hereby authorized and
 empowered to make such appropriation  for  such  expenses  and  for  the
 compensation,  if  any,  to  be paid to the members of the commission. A
 CITY OR COUNTY SHALL HAVE THE POWER AND AUTHORITY TO  EMPLOY  STAFF  AND
 EXPEND  FUNDS  IN  RESPECT  TO DEPARTMENTS OF HUMAN RIGHTS AS IT DOES IN
 RESPECT TO ANY OTHER MUNICIPAL DEPARTMENT.
   § [239-q] 239-R. General duties [and], powers, AND OBLIGATIONS. 1.  It
 shall be the duty of [the] A commission:
   (a) To foster mutual respect and understanding among all ages,  races,
 creed,  color,  national  origin, sexual orientation, gender identity or
 expression, military status, sex, disability, predisposing genetic char-
 acteristics, familial  status,  marital  status  and  domestic  violence
 victim status groups in the community.
   (b)  To  make  such  studies in any field of human relationship in the
 community as in the judgment of the commission will aid in  effectuating
 its  general  purposes  and where desirable, to make the results of such
 studies public.
   (c) To inquire into incidents of tension and conflict among or between
 various racial, religious and  nationality  groups,  and  to  take  such
 action as may be designed to alleviate such tensions and conflict.
   (d)  To  conduct  and  recommend  such educational programs as, in the
 judgment of the commission, will increase goodwill among inhabitants  of
 the  community  and  open new opportunities into all phases of community
 life for all inhabitants.
   2. In addition to all other powers, [the] A commission, where  and  to
 the extent authorized by local law or ordinance, shall have the power:
   [a.] (A) To report complaints to the division of human rights alleging
 unlawful discriminatory practices under article fifteen of the executive
 law.
   [b.]  (B)  To  receive,  accept  and  use and expend public grants and
 private gifts, donations or  bequests  and  other  payments,  goods  and
 services, notwithstanding any other provision of law.
   [§  239-r.  General  obligations.]  3.  A  commission  on human rights
 created under the provisions  of  section  two  hundred  [thirty-nine-o]
 THIRTY-NINE-P  of  this  article  shall  discharge  the  following obli-
 gations[.]:
   (a) To receive complaints of  alleged  discrimination  because  of  an
 individual's  age,  race, creed, color or national origin, sexual orien-
 tation, gender identity or expression, military status, marital  status,
 sex,  disability, predisposing genetic characteristics, familial status,
 marital status or domestic violence victim status, to  seek  the  active
 assistance of the division of human rights in the solution of complaints
 which  fall  within  the jurisdiction of the division and to prepare its
 own plans in the case of other complaints with a view  to  reducing  and
 eliminating  such  alleged discrimination through the process of confer-
 ence, conciliation and persuasion.
   (b) To hold conferences, and other public meetings in the interest  of
 the constructive resolution of age, race, creed, color, national origin,
 S. 8669                             4
 
 sexual orientation, gender identity or expression, military status, sex,
 disability, predisposing genetic characteristics, familial status, mari-
 tal  status  and  domestic violence victim status group tensions and the
 prejudice and discrimination occasioned thereby.
   (c)  To issue such publications and reports of investigation as in its
 judgment will tend to effectuate the purposes of this article.
   (d) To enlist the cooperation and participation of the various racial,
 religious and nationality groups, community organizations, industry  and
 labor  organizations  media or mass communication, fraternal and benevo-
 lent associations, and other groups in an educational  campaign  devoted
 to  fostering  among  the diverse groups of the community mutual esteem,
 justice and equity and opening new  opportunities  into  all  phases  of
 community life for all individuals.
   (e)  To encourage and stimulate agencies under the jurisdiction of the
 governing board which created the commission to take such action as will
 fulfill the purposes of this article.
   (f) To submit an annual report to the governing board or boards and to
 furnish a copy thereof to the division of human rights.
   § 239-s. [New York city commission on human rights] POWERS NOT  LIMIT-
 ED;  CONCURRENT JURISDICTION. Nothing in this article shall be deemed to
 limit or reduce the powers of the New  York  city  commission  on  human
 rights[,  and  with  respect to such powers, the jurisdiction of the New
 York city commission on human rights in relation to matters  within  the
 city  of  New  York  shall be] OR THE SCOPE AND COVERAGE OF THE NEW YORK
 CITY HUMAN RIGHTS LAW.  THE JURISDICTION AND POWERS EXERCISED OR  TO  BE
 EXERCISED UNDER LOCAL HUMAN RIGHTS LAWS, COMMISSIONS AND DEPARTMENTS ARE
 deemed  to  be  concurrent  with  the jurisdiction of the New York state
 division of human rights IN RESPECT TO THE CONDUCT  AND  DECISION-MAKING
 SET  OUT IN SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTY-NINE-O OF THIS
 ARTICLE.
   § 239-t. Filing copies. One copy each of any resolution, ordinance  or
 local  law which has been, or which may hereafter be adopted, creating a
 commission on human rights, or  any  amendment  thereto,  shall,  on  or
 before  September  first,  nineteen  hundred sixty-seven, or within five
 days after its adoption, be filed with the division of human rights.
   § 6. This act shall take effect immediately.