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A41002 Summary:

BILL NOA41002
 
SAME ASSAME AS S51002
 
SPONSORRules (Seawright)
 
COSPNSRO'Donnell
 
MLTSPNSR
 
Amd Art 1 §11, Constn
 
Provides that no person shall be denied the equal protection of the laws of this state or any subdivision thereof; provides no person shall, because of race, color, ethnicity, national origin, age, disability, creed, religion, or sex, including sexual orientation, gender identity or expression, pregnancy, pregnancy outcomes, reproductive healthcare and autonomy, be subjected to any discrimination in their 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.
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A41002 Actions:

BILL NOA41002
 
07/01/2022referred to judiciary
07/01/2022to attorney-general for opinion
07/01/2022reported referred to rules
07/01/2022reported
07/01/2022rules report cal.2
07/01/2022substituted by s51002
 S51002 AMEND= STEWART-COUSINS
 07/06/2022opinion referred to judiciary
 07/01/2022REFERRED TO RULES
 07/01/2022TO ATTORNEY-GENERAL FOR OPINION
 07/13/2022OPINION REFERRED TO JUDICIARY
 07/01/2022ORDERED TO THIRD READING CAL.2
 07/01/2022PASSED SENATE
 07/01/2022DELIVERED TO ASSEMBLY
 07/01/2022referred to judiciary
 07/01/2022substituted for a41002
 07/01/2022ordered to third reading rules cal.2
 07/01/2022message of necessity - 3 day message
 07/01/2022passed assembly
 07/01/2022returned to senate
 07/05/2022DELIVERED TO SECRETARY OF STATE
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A41002 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A41002
 
SPONSOR: Rules (Seawright)
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 11 of article 1 of the constitution, in relation to equal protection   PURPOSE OR GENERAL IDEA OF BILL: This resolution would amend Section 11 of Article 1 of the New York State Constitution to expand the constitutional prohibition against discrimination in civil rights to include additional protected classes.   SUMMARY OF PROVISIONS: Section one expands the civil rights clause of Section 11 of Article 1 of the New York State Constitution to add ethnicity, national origin, disability, age, and sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy to the existing list of protected classes for which discrimination in civil rights is prohibited. It also ensures that nothing in such section shall invalidate or prevent the adoption of any law, regulation, program, or practice which is designed to prevent discrimination on the basis of any such character- istic, nor shall any characteristic in such section be interpreted to interfere with, limit, or deny the civil rights of any person based upon any other such characteristic. Section two requires that such amendment be referred to the first regu- lar legislative session convening after the next succeeding general election of Members of the Assembly and published for 3 months previous to the time of such election.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION: Discrimination results in inability of an individual to enjoy the same rights on an equal basis as others because of unjustified distinctions made in the law or through the treatment of an individual on the basis of a characteristic or classification specific to that individual. New York has a longstanding commitment to rooting out and remedying discrim- ination to ensure equal access and participation in society by all people who have historically been discriminated against. The civil rights clause of the New York State Constitution currently provides that individuals shall not be subject to discrimination in their civil rights on the basis of race, color, creed, or religion. However, New Yorkers deserve a constitution that recognizes that every person is entitled to equal rights and justice under the law regardless of who they are, whom they love, or what their families look like. Indeed, many individuals are themselves members of numerous communities, identities, and protected classes, and true equality and justice demand protections that recognize the interconnected nature of discrimination. Throughout the years, the New York State Legislature, through the passage and expansion of the Human Rights Law, has expanded what the State defines as a civil right and has provided fundamental anti-discri- mination protections for those rights. And while constitutionally guar- anteed rights can be, and often are, expanded upon in the passage of laws, our modern vision of equality demands comprehensive equal protection. Because the New York State Constitution's Bill of Rights does not currently contain a comprehensive equal rights provision, a constitutional amendment is necessary to realize the promise of legal equality and justice for all New Yorkers. The amendment is our opportunity to ensure that New York's constitu- tional language reflects that commitment to full equality and justice before the law by providing legal protections that go above and beyond the protections of the federal Constitution at a time when such individ- uals are under attack by federal courts and the United States Supreme Court.   PRIOR LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This bill must pass two successive Legislatures and then placed on the ballot in a general election. If supported by a majority of New York voters it would take effect the following January 1st.
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A41002 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                            2
 
                                  Extraordinary Session
 
                   IN ASSEMBLY
 
                                      July 1, 2022
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Seawright)
          -- read once and referred to the Committee on Judiciary
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 11 of article 1 of  the  constitution,
          in relation to equal protection

     1    Section 1. Resolved (if the Senate concur), That section 11 of article
     2  1 of the constitution be amended to read as follows:
     3    § 11. a. 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,  ethnicity,  national  origin, age, disability, creed [or], reli-
     6  gion, or sex, including  sexual  orientation,  gender  identity,  gender
     7  expression,  pregnancy,  pregnancy outcomes, and reproductive healthcare
     8  and autonomy, be subjected to any discrimination in [his or  her]  their
     9  civil  rights by any other person or by any firm, corporation, or insti-
    10  tution, or by the state or any  agency  or  subdivision  of  the  state,
    11  pursuant to law.
    12    b. Nothing in this section shall invalidate or prevent the adoption of
    13  any law, regulation, program, or practice that is designed to prevent or
    14  dismantle discrimination on the basis of a characteristic listed in this
    15  section,  nor  shall any characteristic listed in this section be inter-
    16  preted to interfere with, limit, or deny the civil rights of any  person
    17  based upon any other characteristic identified in this section.
    18    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    19  referred to the first regular legislative session  convening  after  the
    20  next  succeeding  general  election  of members of the assembly, and, in
    21  conformity with  section  1  of  article  19  of  the  constitution,  be
    22  published for 3 months previous to the time of such election.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89193-04-2
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