A05039 Summary:

BILL NO    A05039 

SAME AS    SAME AS S06349

SPONSOR    Gottfried (MS)

COSPNSR    Glick, O'Donnell, Brennan, Canestrari, Cook, Ortiz, Hevesi, Titone,
           Jeffries, Kellner, Schimel, Kavanagh, Cahill, Englebright, Dinowitz,
           Paulin, Bronson, Castro, Ryan, Abinanti, Moya

MLTSPNSR   Aubry, Benedetto, Boyland, Cymbrowitz, Farrell, Gunther, Hooper,
           Jacobs, Jaffee, Lancman, Lavine, Lifton, Lopez V, Lupardo,
           Magnarelli, Maisel, Markey, McEneny, Millman, Peoples-Stokes, Perry,
           Pretlow, Ramos, Rivera N, Robinson, Rosenthal, Sayward, Scarborough,
           Simotas, Sweeney, Thiele, Weisenberg, Wright

Amd SS291, 292, 295, 296 & 296-a, Exec L; amd S40-c, Civ Rts L; amd S313, Ed L;
amd SS485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd S200.50, CP L

Prohibits discrimination based on gender identity or expression; defines
"gender identity or expression" as having or being perceived as having a gender
identity, self image, appearance, behavior or expression whether or not that
gender identity, self image, appearance, behavior or expression is different
from that traditionally associated with the sex assigned to that person at
birth; further includes offenses regarding gender identity or expression within
the list of offenses subject to treatment as hate crimes.
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A05039 Actions:

BILL NO    A05039 

02/10/2011 referred to governmental operations
03/08/2011 reported referred to codes
05/03/2011 reported 
05/05/2011 advanced to third reading cal.260
06/14/2011 passed assembly
06/14/2011 delivered to senate
06/14/2011 REFERRED TO RULES
01/04/2012 DIED IN SENATE
01/04/2012 RETURNED TO ASSEMBLY
01/04/2012 ordered to third reading cal.174
04/30/2012 passed assembly
04/30/2012 delivered to senate
04/30/2012 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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A05039 Votes:

A05039 06/14/2011 89/55
AbbateNOCastellNOGalefYKatzNOMcKevitNORabbittNOStevensY
AbinantYCastroYGanttYKavanagYMcLaughNORaiaNOSweeneyY
AmedoreNOCerettoNOGibsonYKellnerYMengYRamosYTediscoNO
ArroyoYClarkYGiglioNOKirwanNOMill D NOReilichNOTenneyNO
AubryYColtonYGlickYKolbNOMill JMYReillyYThieleY
BarclayNOConteNOGoodellNOLancmanYMill MGNORive J YTitoneY
BarronYCookYGottfriYLatimerYMillmanYRive N YTitusY
BenedetYCorwinNOGrafNOLavineYMolinarNORive PMYTobaccoNO
BingYCrespoYGuntherYLentolYMontesaNORobertsYWeinsteY
BlankenNOCrouchNOHannaNOLiftonYMorelleYRobinsoYWeisenbY
BoylandYCurranNOHawleyNOLinaresYMoyaYRodriguYWeprinY
BoyleNOCusickNOHayesNOLope PDNOMurrayNORosenthYWrightY
BraunstYCymbrowYHeastieYLope VJYNolanYRussellYZebrowsNO
BrennanYDenDekkYHevesiYLosquadNOOaksNOSaladinNOMr SpkrY
BronsonYDinowitYHikindNOLupardoYO'DonneYSaywardY
Brook KYDupreyYHooperYMageeYOrtizYScarborER
BurlingNOEnglebrYHoytYMagnareYPalmesaNOSchimelY
ButlerNOFarrellYJacobsYMaiselYPaulinYSchimmiNO
CahillYFinchNOJaffeeYMalliotNOPeoplesYSchroedY
CalhounNOFitzpatNOJeffrieYMarkeyYPerryYSimotasY
CamaraABFriendNOJohnsNOMcDonouNOPretlowYSmardzNO
CanestrYGabryszNOJordanNOMcEnenyYRaNOSpanoY

A05039 04/30/2012 81/59
AbbateNOCanestrYFriendNOJordanNOMcDonouNOQuartYSimotasY
AbinantYCastellNOGabryszNOKatzNOMcEnenyYRaNOSkartadY
AmedoreNOCastroNOGalefYKavanagYMcKevitNORabbittNOSmardzNO
ArroyoYCerettoNOGanttYKearnsNOMcLaughNORaiaNOStevensNO
AubryYClarkYGibsonYKellnerYMengERRamosYSweeneyY
BarclayNOColtonYGiglioNOKolbNOMill D NOReilichNOTediscoNO
BarrettYConteNOGlickERLancmanYMill JMNOReillyYTenneyNO
BarronYCookYGoldfedNOLatimerYMill MGNORive J YThieleY
BenedetYCorwinNOGoodellNOLavineYMillmanYRive N YTitoneY
BlankenNOCrespoYGottfriYLentolYMontesaNORive PMYTitusY
BoylandERCrouchNOGrafNOLiftonYMorelleYRobertsYTobaccoER
BoyleNOCurranNOGuntherYLinaresYMoyaYRobinsoYWalterNO
BraunstYCusickNOHannaNOLope PDNOMurrayNORodriguYWeinsteY
BrennanYCymbrowYHawleyNOLope VJYNolanYRosenthYWeisenbY
BrindisYDenDekkYHeastieYLosquadNOOaksNORussellYWeprinY
BronsonYDinowitYHevesiERLupardoERO'DonneYRyanYWrightER
Brook KYDupreyYHikindNOMageeNOOrtizYSaladinNOZebrowsNO
BurlingNOEnglebrYHooperYMagnareYPalmesaNOSaywardYMr SpkrY
ButlerNOEspinalABJacobsYMaiselYPaulinYScarborY
CahillYFarrellYJaffeeYMalliotNOPeoplesYSchimelY
CalhounNOFinchNOJeffrieERMarkeyYPerryYSchimmiNO
CamaraABFitzpatNOJohnsNOMayerYPretlowYSimanowNO

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A05039 Memo:

BILL NUMBER:A5039

TITLE  OF BILL:  An act to amend the executive law, the civil rights law
and the education law, in relation to prohibiting  discrimination  based
on  gender  identity  or  expression; and to amend the penal law and the
criminal procedure law, in  relation  to  including  offenses  regarding
gender  identity  or  expression  within the list of offenses subject to
treatment as hate crimes

PURPOSE OR GENERAL IDEA OF BILL: To  prohibit  discrimination  based  on
gender  identity  or  expression,  and include offenses regarding gender
identity or expression under the hate crimes statute.

SUMMARY OF SPECIFIC  PROVISIONS:  Section  1  declares  the  legislative
intent.

Section  3  adds  new sub. 35 to sec. 292 of the Executive Law, defining
"gender identity or expression."

Other sections add "gender identity or expression" to  list  of  factors
that prohibit discrimination, as follows:

              Existing law                 Provisions of section or
                                           type of discrimination
                                             already prohibited

Sec. 2        Exec. S291(1)&(2)            Equality of opportunity
                                            defined as a civil right
Sec. 4        Exec. S295(8)&(9)            Division of Human
                                            Rights powers and duties
Sec. 5        Exec. S296(1)                Employers, licensing
                                            agencies, employment
                                            agencies, and labor
                                            organizations
Sec. 6        Exec. S296(1-a)              Apprenticeship
                                            training programs
Sec. 7        Exec. S296(2)                Places of public
                                            accommodation, resort
                                            or amusement
Sec. 8        Exec. S296(2-a)              Publicly-assisted
                                            housing
Sec. 9        Exec. S296(3-b)              Realtors representing
                                           that a change has
                                           occurred or may
                                           occur in the
                                           composition of
                                           a neighborhood
Sec.10        Exec. S296(4)               Nonsectarian education
                                           corporations or associations
Sec.11        Exec. S296(5)               Private housing accommodations
                                           and commercial space,
                                           keeping the exemption for

                                           small, owner-occupied housing
Sec.12        Exec. S296(9)               Volunteer fire department
                                           membership.
Sec.13        Exec. S296(13)              Commercial boycotts
                                           and blacklists
Sec.14        Exec. S296-a(1),(2) &(3)    Credit
Sec.15        Exec. S296-b(2)             Domestic worker harassment
Sec.16        Civil Rights S40-c          Civil rights
Sec.17        Educ. S313(1)               Education institutions,
                                           without affecting the
                                           rights of religious
                                           education institutions
Sec.18        Educ. S313(3)               Unfair educational practices

Sections  19  through 24 add "gender identity or expression" to the list
of factors that can make a crime a "hate crime."

Section 25 provides for an effective date.

JUSTIFICATION: The transgender community is not protected from discrimi-
nation under law. Trans-gender people whose gender identity, appearance,
behavior or expression differs from their  genetic  sex  at  birth  face
discrimination  in  housing,  employment, public accommodations and many
other areas of life,  and  they  are  particularly  vulnerable  to  hate
crimes.  Many  people  -who supported SONDA (the Sexual Orientation Non-
Discrimination Act) believed that it covered transgender discrimination.
However, gender identity or expression is not the same as sexual  orien-
tation.

PRIOR  LEGISLATIVE  HISTORY:    2003:  A.8319-A reported to Rules; 2004:
A8319-A referred to Governmental Operations; 2005:  A.7438  reported  to
Codes;  2006:  A.7438  referred to Governmental Operations; 2007: A.6584
reported to Codes; S.3753 referred to Investigations  and  Gov't.  Oper-
ations.    2008:  A.6584-A  passed Assembly; S.3753 referred to Investi-
gations and Gov't. Operations 2009-10: A.5710 - passed Assembly;  S.2406
referred to Investigations and Gov't. Operations

FISCAL IMPLICATIONS: Minimal fiscal impact.

EFFECTIVE  DATE:  Thirty  days  after  it  shall have become law, except
sections 19 through 24 will be effective on the first of  November  next
succeeding the date on which it shall have become law,
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A05039 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5039

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 10, 2011
                                      ___________

       Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, BRENNAN, CANESTRARI,
         COOK,   HOYT,  ORTIZ,  HEVESI,  TITONE,  JEFFRIES,  KELLNER,  SCHIMEL,
         KAVANAGH, CAHILL, ENGLEBRIGHT, DINOWITZ, PAULIN -- Multi-Sponsored  by
         --  M.  of  A.  ABINANTI, AUBRY, BENEDETTO, BING, BOYLAND, CYMBROWITZ,
         FARRELL, GUNTHER, HOOPER, JACOBS,  JAFFEE,  LANCMAN,  LAVINE,  LIFTON,
         V. LOPEZ,  LUPARDO,  MAGNARELLI,  MAISEL,  MARKEY, McENENY, J. MILLER,
         MILLMAN, PEOPLES-STOKES, PERRY, PHEFFER,  PRETLOW,  RAMOS,  N. RIVERA,
         ROBINSON,  ROSENTHAL,  SAYWARD, SCARBOROUGH, SIMOTAS, SWEENEY, THIELE,
         TOWNS, WEISENBERG, WRIGHT -- read once and referred to  the  Committee
         on Governmental Operations

       AN  ACT  to amend the executive law, the civil rights law and the educa-
         tion law, in relation to prohibiting discrimination  based  on  gender
         identity  or  expression;  and to amend the penal law and the criminal
         procedure law, in relation  to  including  offenses  regarding  gender
         identity  or  expression within the list of offenses subject to treat-
         ment as hate crimes

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Legislative findings and intent. The legislature reaffirms
    2  that the state has the responsibility to act to assure that every  indi-
    3  vidual  within  this  state  is afforded an equal opportunity to enjoy a
    4  full and productive life, and that the failure  to  provide  such  equal
    5  opportunity,  whether  because of discrimination, prejudice, intolerance
    6  or inadequate education, training,  housing  or  health  care  not  only
    7  threatens  the  rights  and  proper  privileges  of its inhabitants, but
    8  menaces the institutions and foundation of a free democratic  state  and
    9  threatens  the  peace,  order, health, safety and general welfare of the
   10  state and its inhabitants.
   11    The legislature further finds that many residents of this  state  have
   12  encountered prejudice on account of their gender identity or expression,
   13  and  that  this  prejudice  has  severely  limited or actually prevented

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01139-01-1
       A. 5039                             2

    1  access to employment, housing and other basic necessities of life, lead-
    2  ing to deprivation and suffering.  The  legislature  further  recognizes
    3  that  this  prejudice  has  fostered  a general climate of hostility and
    4  distrust,  leading  in some instances to physical violence against those
    5  perceived to live in a gender identity or expression which is  different
    6  from  that traditionally associated with the sex assigned to that person
    7  at birth.
    8    In so doing, the legislature makes clear its action is not intended to
    9  promote any particular attitude, course of conduct or way of life. Rath-
   10  er its purpose is to ensure that individuals who live in our free socie-
   11  ty have the capacity to make their own choices, follow their own beliefs
   12  and conduct their own lives as they see fit,  consistent  with  existing
   13  law.
   14    The  legislature  further finds that, as court decisions have properly
   15  held, New York's sex discrimination laws prohibit  discrimination  based
   16  on  gender  stereotypes  or  because  an  individual has transitioned or
   17  intends to transition from one gender to another.  This  legislation  is
   18  intended  to  codify this principle and to ensure that the public under-
   19  stands  that  discrimination  on  the  basis  of  gender  identity   and
   20  expression is prohibited.
   21    S  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
   22  amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
   23  follows:
   24    1. The opportunity to obtain employment without discrimination because
   25  of  age, race, creed, color, national origin, sexual orientation, GENDER
   26  IDENTITY OR EXPRESSION, military status, sex, marital status,  or  disa-
   27  bility, is hereby recognized as and declared to be a civil right.
   28    2.  The  opportunity  to obtain education, the use of places of public
   29  accommodation and the ownership, use and occupancy of  housing  accommo-
   30  dations  and  commercial  space  without  discrimination because of age,
   31  race, creed, color, national origin, sexual orientation, GENDER IDENTITY
   32  OR EXPRESSION, military status, sex, marital status, or  disability,  as
   33  specified  in  section two hundred ninety-six of this article, is hereby
   34  recognized as and declared to be a civil right.
   35    S 3. Section 292 of the executive law  is  amended  by  adding  a  new
   36  subdivision 35 to read as follows:
   37    35.  THE  TERM  "GENDER  IDENTITY OR EXPRESSION" MEANS HAVING OR BEING
   38  PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE,  BEHAVIOR
   39  OR  EXPRESSION  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR-
   40  ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY  ASSO-
   41  CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
   42    S  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
   43  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
   44  follows:
   45    8. To create such advisory councils, local, regional or state-wide, as
   46  in  its  judgment  will aid in effectuating the purposes of this article
   47  and of section eleven of article one of the constitution of this  state,
   48  and  the  division  may  empower them to study the problems of discrimi-
   49  nation in all or specific fields of human relationships or  in  specific
   50  instances of discrimination because of age, race, creed, color, national
   51  origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
   52  status, sex, disability or marital status and  make  recommendations  to
   53  the  division  for the development of policies and procedures in general
   54  and in specific instances. The advisory councils also shall  disseminate
   55  information  about  the division's activities to organizations and indi-
   56  viduals in their localities. Such advisory councils shall be composed of
       A. 5039                             3

    1  representative citizens, serving without pay, but with reimbursement for
    2  actual and necessary traveling  expenses;  and  the  division  may  make
    3  provision for technical and clerical assistance to such councils and for
    4  the expenses of such assistance.
    5    9. To develop human rights plans and policies for the state and assist
    6  in their execution and to make investigations and studies appropriate to
    7  effectuate  this article and to issue such publications and such results
    8  of investigations and research as in its judgement will tend  to  inform
    9  persons  of the rights assured and remedies provided under this article,
   10  to promote good-will and minimize or eliminate discrimination because of
   11  age, race, creed, color, national  origin,  sexual  orientation,  GENDER
   12  IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
   13  status.
   14    S 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
   15  of the executive law, paragraph (a) as amended by chapter 80 of the laws
   16  of 2009 and paragraphs (b), (c), and (d) as amended by chapter 75 of the
   17  laws of 2005, are amended to read as follows:
   18    (a)  For  an  employer or licensing agency, because of an individual's
   19  age, race, creed, color, national  origin,  sexual  orientation,  GENDER
   20  IDENTITY  OR  EXPRESSION, military status, sex, disability, predisposing
   21  genetic characteristics, marital status,  or  domestic  violence  victim
   22  status,  to  refuse  to  hire  or  employ or to bar or to discharge from
   23  employment such individual or to discriminate against such individual in
   24  compensation or in terms, conditions or privileges of employment.
   25    (b) For an employment agency to discriminate  against  any  individual
   26  because of age, race, creed, color, national origin, sexual orientation,
   27  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
   28  posing genetic characteristics, or marital status, in receiving, classi-
   29  fying,  disposing or otherwise acting upon applications for its services
   30  or in referring an applicant or applicants to an employer or employers.
   31    (c) For a labor organization, because of the age, race, creed,  color,
   32  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   33  military status, sex, disability, predisposing genetic  characteristics,
   34  or  marital  status  of  any individual, to exclude or to expel from its
   35  membership such individual or to discriminate in any way against any  of
   36  its  members  or  against  any employer or any individual employed by an
   37  employer.
   38    (d) For any employer or employment agency to  print  or  circulate  or
   39  cause to be printed or circulated any statement, advertisement or publi-
   40  cation,  or to use any form of application for employment or to make any
   41  inquiry in  connection  with  prospective  employment,  which  expresses
   42  directly  or indirectly, any limitation, specification or discrimination
   43  as to age, race, creed,  color,  national  origin,  sexual  orientation,
   44  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
   45  posing genetic characteristics, or marital status, or any intent to make
   46  any  such limitation, specification or discrimination, unless based upon
   47  a bona fide occupational qualification; provided, however, that  neither
   48  this  paragraph  nor any provision of this chapter or other law shall be
   49  construed to prohibit the department of civil service or the  department
   50  of personnel of any city containing more than one county from requesting
   51  information  from  applicants  for civil service examinations concerning
   52  any of the aforementioned characteristics, other than sexual orientation
   53  OR GENDER IDENTITY OR EXPRESSION, for the purpose of conducting  studies
   54  to  identify and resolve possible problems in recruitment and testing of
   55  members of minority groups to insure  the  fairest  possible  and  equal
   56  opportunities  for  employment  in  the  civil  service for all persons,
       A. 5039                             4

    1  regardless of age, race, creed, color, national  origin,  sexual  orien-
    2  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability,
    3  predisposing genetic characteristics, or marital status.
    4    S  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
    5  the executive law, as amended by chapter 106 of the laws  of  2003,  are
    6  amended to read as follows:
    7    (b)  To  deny  to  or withhold from any person because of race, creed,
    8  color,  national  origin,  sexual  orientation,   GENDER   IDENTITY   OR
    9  EXPRESSION,  military  status,  sex, age, disability, or marital status,
   10  the right to be admitted to or participate in  a  guidance  program,  an
   11  apprenticeship  training program, on-the-job training program, executive
   12  training program, or other occupational training or retraining program;
   13    (c) To discriminate against any person in his or her pursuit  of  such
   14  programs  or  to discriminate against such a person in the terms, condi-
   15  tions or privileges of such programs  because  of  race,  creed,  color,
   16  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   17  military status, sex, age, disability or marital status;
   18    (d) To print or circulate or cause to be  printed  or  circulated  any
   19  statement,  advertisement or publication, or to use any form of applica-
   20  tion for such programs or to make any inquiry in  connection  with  such
   21  program  which  expresses, directly or indirectly, any limitation, spec-
   22  ification or discrimination as to race, creed, color,  national  origin,
   23  sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
   24  age,  disability  or  marital  status, or any intention to make any such
   25  limitation, specification or discrimination, unless based on a bona fide
   26  occupational qualification.
   27    S 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
   28  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
   29  as follows:
   30    (a) It shall be an unlawful discriminatory practice  for  any  person,
   31  being  the  owner, lessee, proprietor, manager, superintendent, agent or
   32  employee of any place of  public  accommodation,  resort  or  amusement,
   33  because  of the race, creed, color, national origin, sexual orientation,
   34  GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability  or
   35  marital  status  of any person, directly or indirectly, to refuse, with-
   36  hold from or deny to such person any of the accommodations,  advantages,
   37  facilities or privileges thereof, including the extension of credit, or,
   38  directly  or  indirectly, to publish, circulate, issue, display, post or
   39  mail any written or printed communication, notice or  advertisement,  to
   40  the  effect  that  any of the accommodations, advantages, facilities and
   41  privileges of any such place shall be refused, withheld from  or  denied
   42  to  any person on account of race, creed, color, national origin, sexual
   43  orientation, GENDER IDENTITY OR EXPRESSION, military status,  sex,  [or]
   44  disability or marital status, or that the patronage or custom thereat of
   45  any  person of or purporting to be of any particular race, creed, color,
   46  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
   47  military status, sex or marital status, or having a disability is unwel-
   48  come, objectionable or not acceptable, desired or solicited.
   49    S  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
   50  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
   51  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
   52  to read as follows:
   53    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
   54  hold from any person or group of  persons  such  housing  accommodations
   55  because  of  the race, creed, color, disability, national origin, sexual
   56  orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
       A. 5039                             5

    1  marital  status,  or  familial  status  of such person or persons, or to
    2  represent that any housing accommodation or land is  not  available  for
    3  inspection, sale, rental or lease when in fact it is so available.
    4    (b)  To  discriminate  against  any person because of his or her race,
    5  creed, color, disability, national origin,  sexual  orientation,  GENDER
    6  IDENTITY  OR  EXPRESSION,  military status, age, sex, marital status, or
    7  familial status in the terms, conditions or privileges of any  publicly-
    8  assisted  housing  accommodations  or in the furnishing of facilities or
    9  services in connection therewith.
   10    (c) To cause to be made any written or oral inquiry or record concern-
   11  ing the race, creed, color, disability, national origin,  sexual  orien-
   12  tation,  GENDER  IDENTITY OR EXPRESSION, membership in the reserve armed
   13  forces of the United States or in the organized militia  of  the  state,
   14  age, sex, marital status, or familial status of a person seeking to rent
   15  or lease any publicly-assisted housing accommodation; provided, however,
   16  that  nothing in this subdivision shall prohibit a member of the reserve
   17  armed forces of the United States or in the  organized  militia  of  the
   18  state from voluntarily disclosing such membership.
   19    (c-1)  To  print or circulate or cause to be printed or circulated any
   20  statement, advertisement or publication, or to use any form of  applica-
   21  tion  for the purchase, rental or lease of such housing accommodation or
   22  to make any  record  or  inquiry  in  connection  with  the  prospective
   23  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   24  expresses, directly or  indirectly,  any  limitation,  specification  or
   25  discrimination  as to race, creed, color, national origin, sexual orien-
   26  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
   27  bility,  marital  status,  or familial status, or any intent to make any
   28  such limitation, specification or discrimination.
   29    S 9. Subdivision 3-b of section 296 of the executive law,  as  amended
   30  by chapter 106 of the laws of 2003, is amended to read as follows:
   31    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
   32  estate broker, real estate salesperson or employee or agent  thereof  or
   33  any  other  individual, corporation, partnership or organization for the
   34  purpose of inducing a real estate transaction from which any such person
   35  or any of its stockholders or members may benefit financially, to repre-
   36  sent that a change has occurred or will or may occur in the  composition
   37  with respect to race, creed, color, national origin, sexual orientation,
   38  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital
   39  status,  or  familial  status  of  the owners or occupants in the block,
   40  neighborhood or area in which the  real  property  is  located,  and  to
   41  represent,  directly  or indirectly, that this change will or may result
   42  in undesirable consequences in the block, neighborhood or area in  which
   43  the  real property is located, including but not limited to the lowering
   44  of property values, an increase in criminal or anti-social behavior,  or
   45  a decline in the quality of schools or other facilities.
   46    S 10. Subdivision 4 of section 296 of the executive law, as amended by
   47  chapter 106 of the laws of 2003, is amended to read as follows:
   48    4.  It  shall  be an unlawful discriminatory practice for an education
   49  corporation or association which holds itself out to the  public  to  be
   50  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
   51  article four of the real property tax law to deny the use of its facili-
   52  ties to any person otherwise qualified, or to permit the  harassment  of
   53  any  student or applicant, by reason of his race, color, religion, disa-
   54  bility,  national  origin,  sexual  orientation,  GENDER   IDENTITY   OR
   55  EXPRESSION, military status, sex, age or marital status, except that any
       A. 5039                             6

    1  such  institution  which  establishes or maintains a policy of educating
    2  persons of one sex exclusively may admit students of only one sex.
    3    S 11. Subdivision 5 of section 296 of the executive law, as amended by
    4  chapter 106 of the laws of 2003, is amended to read as follows:
    5    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    6  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    7  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    8  constructed or to be constructed, or any agent or employee thereof:
    9    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
   10  from any person or group of persons such a housing accommodation because
   11  of the race, creed, color, national origin, sexual  orientation,  GENDER
   12  IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital
   13  status, or familial status of such person or persons,  or  to  represent
   14  that  any housing accommodation or land is not available for inspection,
   15  sale, rental or lease when in fact it is so available.
   16    (2) To discriminate against any person because of race, creed,  color,
   17  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   18  military status, sex,  age,  disability,  marital  status,  or  familial
   19  status  in  the  terms,  conditions or privileges of the sale, rental or
   20  lease of any such housing accommodation or in the furnishing of  facili-
   21  ties or services in connection therewith.
   22    (3)  To  print  or  circulate or cause to be printed or circulated any
   23  statement, advertisement or publication, or to use any form of  applica-
   24  tion  for the purchase, rental or lease of such housing accommodation or
   25  to make any  record  or  inquiry  in  connection  with  the  prospective
   26  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   27  expresses, directly or  indirectly,  any  limitation,  specification  or
   28  discrimination  as to race, creed, color, national origin, sexual orien-
   29  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
   30  bility,  marital  status,  or familial status, or any intent to make any
   31  such limitation, specification or discrimination.
   32    The provisions of this paragraph (a) shall not apply (1) to the rental
   33  of a housing accommodation in a building which contains housing accommo-
   34  dations for not more than two  families  living  independently  of  each
   35  other,  if  the owner resides in one of such housing accommodations, (2)
   36  to the restriction of the rental of all rooms in a housing accommodation
   37  to individuals of the same sex or (3) to the rental of a room  or  rooms
   38  in  a  housing  accommodation,  if such rental is by the occupant of the
   39  housing accommodation or by the owner of the housing  accommodation  and
   40  the  owner  resides  in  such  housing  accommodation or (4) solely with
   41  respect to age and familial status  to  the  restriction  of  the  sale,
   42  rental  or lease of housing accommodations exclusively to persons sixty-
   43  two years of age or older and the spouse of  any  such  person,  or  for
   44  housing  intended  and  operated  for  occupancy  by at least one person
   45  fifty-five years of age or older per unit. In determining whether  hous-
   46  ing  is  intended and operated for occupancy by persons fifty-five years
   47  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
   48  federal Fair Housing Act of 1988, as amended, shall apply.
   49    (b) It shall be an unlawful discriminatory  practice  for  the  owner,
   50  lessee,  sub-lessee,  or  managing  agent of, or other person having the
   51  right of ownership or possession of or the right to sell, rent or lease,
   52  land or commercial space:
   53    (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
   54  from  any person or group of persons land or commercial space because of
   55  the race, creed, color,  national  origin,  sexual  orientation,  GENDER
   56  IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital
       A. 5039                             7

    1  status, or familial status of such person or persons,  or  to  represent
    2  that  any housing accommodation or land is not available for inspection,
    3  sale, rental or lease when in fact it is so available;
    4    (2)  To discriminate against any person because of race, creed, color,
    5  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
    6  military  status,  sex,  age,  disability,  marital  status, or familial
    7  status in the terms, conditions or privileges of  the  sale,  rental  or
    8  lease  of  any  such  land  or commercial space; or in the furnishing of
    9  facilities or services in connection therewith;
   10    (3) To print or circulate or cause to be  printed  or  circulated  any
   11  statement,  advertisement or publication, or to use any form of applica-
   12  tion for the purchase, rental or lease of such land or commercial  space
   13  or  to  make  any  record  or inquiry in connection with the prospective
   14  purchase, rental or  lease  of  such  land  or  commercial  space  which
   15  expresses,  directly  or  indirectly,  any  limitation, specification or
   16  discrimination as to race, creed, color, national origin, sexual  orien-
   17  tation,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
   18  bility, marital status, or familial status; or any intent  to  make  any
   19  such limitation, specification or discrimination.
   20    (4)  With  respect  to age and familial status, the provisions of this
   21  paragraph shall not apply to the restriction  of  the  sale,  rental  or
   22  lease  of  land  or  commercial  space exclusively to persons fifty-five
   23  years of age or older and the spouse of  any  such  person,  or  to  the
   24  restriction  of  the  sale,  rental  or lease of land to be used for the
   25  construction, or location  of  housing  accommodations  exclusively  for
   26  persons  sixty-two  years  of age or older, or intended and operated for
   27  occupancy by at least one person fifty-five years of age  or  older  per
   28  unit.  In determining whether housing is intended and operated for occu-
   29  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
   30  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
   31  amended, shall apply.
   32    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
   33  estate broker, real estate salesperson or employee or agent thereof:
   34    (1)  To  refuse to sell, rent or lease any housing accommodation, land
   35  or commercial space to any person or group of persons or  to  refuse  to
   36  negotiate  for  the sale, rental or lease, of any housing accommodation,
   37  land or commercial space to any person or group of  persons  because  of
   38  the  race,  creed,  color,  national  origin, sexual orientation, GENDER
   39  IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
   40  status,  or  familial  status of such person or persons, or to represent
   41  that any housing accommodation, land or commercial space is  not  avail-
   42  able  for inspection, sale, rental or lease when in fact it is so avail-
   43  able, or otherwise to deny or withhold any housing  accommodation,  land
   44  or commercial space or any facilities of any housing accommodation, land
   45  or  commercial  space from any person or group of persons because of the
   46  race, creed, color, national origin, sexual orientation, GENDER IDENTITY
   47  OR EXPRESSION, military status, sex, age, disability, marital status, or
   48  familial status of such person or persons.
   49    (2) To print or circulate or cause to be  printed  or  circulated  any
   50  statement,  advertisement or publication, or to use any form of applica-
   51  tion for the purchase, rental or lease  of  any  housing  accommodation,
   52  land  or commercial space or to make any record or inquiry in connection
   53  with the prospective purchase, rental or lease of any  housing  accommo-
   54  dation,  land or commercial space which expresses, directly or indirect-
   55  ly, any limitation, specification, or discrimination as to race,  creed,
   56  color,   national   origin,   sexual  orientation,  GENDER  IDENTITY  OR
       A. 5039                             8

    1  EXPRESSION, military status, sex, age, disability,  marital  status,  or
    2  familial  status;  or any intent to make any such limitation, specifica-
    3  tion or discrimination.
    4    (3)  With  respect  to age and familial status, the provisions of this
    5  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    6  lease of any HOUSING ACCOMMODATION, land or commercial space exclusively
    7  to  persons  fifty-five years of age or older and the spouse of any such
    8  person, or to the restriction of the sale, rental or lease of any  hous-
    9  ing accommodation or land to be used for the construction or location of
   10  housing  accommodations  for persons sixty-two years of age or older, or
   11  intended and operated for occupancy by at least  one  person  fifty-five
   12  years  of  age  or  older  per  unit.  In determining whether housing is
   13  intended and operated for occupancy by persons fifty-five years  of  age
   14  or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
   15  federal Fair Housing Act of 1988, as amended, shall apply.
   16    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
   17  estate board, because of the race, creed, color, national origin, sexual
   18  orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
   19  disability, marital status, or familial status of any individual who  is
   20  otherwise  qualified for membership, to exclude or expel such individual
   21  from membership, or to  discriminate  against  such  individual  in  the
   22  terms, conditions and privileges of membership in such board.
   23    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
   24  proprietor or managing agent of, or other person  having  the  right  to
   25  provide care and services in, a private proprietary nursing home, conva-
   26  lescent  home,  or home for adults, or an intermediate care facility, as
   27  defined  in  section  two  of  the  social  services   law,   heretofore
   28  constructed,  or to be constructed, or any agent or employee thereof, to
   29  refuse to provide services and care in such  home  or  facility  to  any
   30  individual  or  to  discriminate  against  any  individual in the terms,
   31  conditions, and privileges of such services and care solely because such
   32  individual is a blind person. For purposes of this paragraph,  a  "blind
   33  person" shall mean a person who is registered as a blind person with the
   34  commission  for the visually handicapped and who meets the definition of
   35  a "blind person" pursuant to  section  three  of  chapter  four  hundred
   36  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
   37  establish a state commission for improving the condition of the blind of
   38  the state of New York, and making an appropriation therefor".
   39    (f) The provisions of this subdivision, as they relate to  age,  shall
   40  not apply to persons under the age of eighteen years.
   41    (g)  It  shall  be  an unlawful discriminatory practice for any person
   42  offering or providing housing accommodations, land or  commercial  space
   43  as described in paragraphs (a), (b), and (c) of this subdivision to make
   44  or  cause  to  be  made any written or oral inquiry or record concerning
   45  membership of any person in the state organized militia in  relation  to
   46  the  purchase,  rental  or lease of such housing accommodation, land, or
   47  commercial space, provided, however, that nothing  in  this  subdivision
   48  shall  prohibit a member of the state organized militia from voluntarily
   49  disclosing such membership.
   50    S 12. Paragraph (a) of subdivision 9 of section 296 of  the  executive
   51  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
   52  as follows:
   53    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
   54  department or fire company therein, through any member or members there-
   55  of, officers, board of fire commissioners or other body or office having
   56  power  of appointment of volunteer firefighters, directly or indirectly,
       A. 5039                             9

    1  by ritualistic practice, constitutional or by-law prescription, by tacit
    2  agreement among its members, or otherwise, to  deny  to  any  individual
    3  membership  in any volunteer fire department or fire company therein, or
    4  to  expel or discriminate against any volunteer member of a fire depart-
    5  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    6  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
    7  military status, sex or marital status of such individual.
    8    S 13. Subdivision 13 of section 296 of the executive law,  as  amended
    9  by chapter 196 of the laws of 2010, is amended to read as follows:
   10    13. It shall be an unlawful discriminatory practice (i) for any person
   11  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
   12  with, or otherwise discriminate against any person, because of the race,
   13  creed, color, national origin, sexual orientation,  GENDER  IDENTITY  OR
   14  EXPRESSION,  military  status,  sex, or disability of such person, or of
   15  such person's  partners,  members,  stockholders,  directors,  officers,
   16  managers,   superintendents,  agents,  employees,  business  associates,
   17  suppliers or customers, or (ii) for any person wilfully to do any act or
   18  refrain from doing any act which enables any such person  to  take  such
   19  action. This subdivision shall not apply to:
   20    (a) Boycotts connected with labor disputes; or
   21    (b) Boycotts to protest unlawful discriminatory practices.
   22    S  14.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
   23  as amended by chapter 106 of the laws of 2003, are amended  to  read  as
   24  follows:
   25    1. It shall be an unlawful discriminatory practice for any creditor or
   26  any officer, agent or employee thereof:
   27    a.  In  the  case  of  applications  for  credit  with  respect to the
   28  purchase, acquisition, construction, rehabilitation, repair  or  mainte-
   29  nance of any housing accommodation, land or commercial space to discrim-
   30  inate  against  any  such  applicant  because of the race, creed, color,
   31  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
   32  military  status,  age,  sex,  marital  status,  disability, or familial
   33  status of such applicant  or  applicants  or  any  member,  stockholder,
   34  director, officer or employee of such applicant or applicants, or of the
   35  prospective  occupants or tenants of such housing accommodation, land or
   36  commercial space, in the granting, withholding, extending  or  renewing,
   37  or in the fixing of the rates, terms or conditions of, any such credit;
   38    b.  To  discriminate in the granting, withholding, extending or renew-
   39  ing, or in the fixing of the rates, terms or conditions of, any form  of
   40  credit,  on  the  basis  of  race, creed, color, national origin, sexual
   41  orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
   42  marital status, disability, or familial status;
   43    c. To use any form of application for credit or use or make any record
   44  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
   45  specification, or discrimination as  to  race,  creed,  color,  national
   46  origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
   47  status, age, sex, marital status, disability, or familial status;
   48    d. To make any inquiry of an applicant concerning his or her  capacity
   49  to reproduce, or his or her use or advocacy of any form of birth control
   50  or family planning;
   51    e.  To  refuse  to  consider  sources  of  an applicant's income or to
   52  subject an applicant's income to  discounting,  in  whole  or  in  part,
   53  because  of  an  applicant's race, creed, color, national origin, sexual
   54  orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
   55  marital status, childbearing potential, disability, or familial status;
       A. 5039                            10

    1    f.  To  discriminate  against  a  married  person  because such person
    2  neither uses nor is known by the surname of his or her spouse.
    3    This  paragraph  shall  not  apply to any situation where the use of a
    4  surname would constitute or result in a criminal act.
    5    2. Without limiting the generality of subdivision one of this section,
    6  it shall be considered discriminatory if, because of an  applicant's  or
    7  class  of applicants' race, creed, color, national origin, sexual orien-
    8  tation, GENDER IDENTITY OR EXPRESSION, military status, age, sex,  mari-
    9  tal  status or disability, or familial status, (i) an applicant or class
   10  of applicants is denied credit in circumstances where  other  applicants
   11  of  like  overall  credit worthiness are granted credit, or (ii) special
   12  requirements or conditions, such as requiring co-obligors or  reapplica-
   13  tion upon marriage, are imposed upon an applicant or class of applicants
   14  in  circumstances  where  similar  requirements  or  conditions  are not
   15  imposed upon other applicants of like overall credit worthiness.
   16    3. It shall not  be  considered  discriminatory  if  credit  differen-
   17  tiations  or  decisions  are based upon factually supportable, objective
   18  differences in applicants' overall credit worthiness, which may  include
   19  reference  to  such  factors  as current income, assets and prior credit
   20  history of such applicants, as well as reference to any  other  relevant
   21  factually  supportable  data;  provided, however, that no creditor shall
   22  consider, in evaluating the credit worthiness of an applicant, aggregate
   23  statistics or assumptions  relating  to  race,  creed,  color,  national
   24  origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
   25  status, sex, marital status or disability, or to the likelihood  of  any
   26  group of persons bearing or rearing children, or for that reason receiv-
   27  ing diminished or interrupted income in the future.
   28    S 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
   29  law,  as added by chapter 481 of the laws of 2010, is amended to read as
   30  follows:
   31    (b) Subject a domestic worker to unwelcome harassment based on gender,
   32  race, religion, SEXUAL ORIENTATION, GENDER  IDENTITY  OR  EXPRESSION  or
   33  national  origin,  where  such  harassment  has the purpose or effect of
   34  unreasonably interfering with an individual's work performance by creat-
   35  ing an intimidating, hostile, or offensive working environment.
   36    S 16. Section 40-c of the civil rights law, as amended by chapter 2 of
   37  the laws of 2002, is amended to read as follows:
   38    S 40-c. Discrimination. 1. All persons within the jurisdiction of this
   39  state shall be entitled to the equal protection  of  the  laws  of  this
   40  state or any subdivision thereof.
   41    2.  No  person  shall, because of race, creed, color, national origin,
   42  sex, marital status, sexual orientation, GENDER IDENTITY OR  EXPRESSION,
   43  or disability, as such term is defined in section two hundred ninety-two
   44  of  the  executive law, be subjected to any discrimination in his or her
   45  civil rights, or to any harassment, as defined in section 240.25 of  the
   46  penal  law, in the exercise thereof, by any other person or by any firm,
   47  corporation or institution, or by the state or any agency or subdivision
   48  of the state.
   49    S 17. Paragraph (a) of subdivision 1 of section 313 of  the  education
   50  law,  as amended by chapter 2 of the laws of 2002, is amended to read as
   51  follows:
   52    (a) It is hereby declared to be the policy of the state that the Amer-
   53  ican ideal of equality of opportunity requires that students,  otherwise
   54  qualified,  be  admitted to educational institutions and be given access
   55  to all the educational programs and courses operated or provided by such
   56  institutions without regard to race, color, sex, religion, creed,  mari-
       A. 5039                            11

    1  tal  status,  age,  sexual orientation as defined in section two hundred
    2  ninety-two of the  executive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS
    3  DEFINED  IN  SECTION  TWO  HUNDRED  NINETY-TWO  OF THE EXECUTIVE LAW, or
    4  national origin, except that, with regard to religious or denominational
    5  educational  institutions, students, otherwise qualified, shall have the
    6  equal opportunity to attend therein without  discrimination  because  of
    7  race,  color, sex, marital status, age, sexual orientation as defined in
    8  section two hundred ninety-two of the executive law, GENDER IDENTITY  OR
    9  EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
   10  LAW,  or national origin. It is a fundamental American right for members
   11  of various religious faiths to establish and maintain educational insti-
   12  tutions exclusively or primarily for students  of  their  own  religious
   13  faith  or to effectuate the religious principles in furtherance of which
   14  they are maintained. Nothing herein contained shall  impair  or  abridge
   15  that right.
   16    S 18. Subdivision 3 of section 313 of the education law, as amended by
   17  chapter 2 of the laws of 2002, is amended to read as follows:
   18    (3)  Unfair  educational  practices. It shall be an unfair educational
   19  practice for an educational institution after September fifteenth, nine-
   20  teen hundred forty-eight:
   21    (a) To exclude or limit or otherwise discriminate against  any  person
   22  or  persons  seeking admission as students to such institution or to any
   23  educational program or course operated or provided by  such  institution
   24  because of race, religion, creed, sex, color, marital status, age, sexu-
   25  al orientation as defined in section two hundred ninety-two of the exec-
   26  utive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS DEFINED IN SECTION TWO
   27  HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
   28  nothing in this section shall be deemed to affect, in any way, the right
   29  of a religious or denominational educational institution to  select  its
   30  students  exclusively  or  primarily  from  members  of such religion or
   31  denomination or from giving preference in such selection to such members
   32  or to make such selection of its  students  as  is  calculated  by  such
   33  institution  to  promote the religious principles for which it is estab-
   34  lished or maintained. Nothing herein contained shall impair  or  abridge
   35  the  right of an independent institution, which establishes or maintains
   36  a policy of educating persons of one sex exclusively, to admit  students
   37  of only one sex.
   38    (b) To penalize any individual because he or she has initiated, testi-
   39  fied, participated or assisted in any proceedings under this section.
   40    (c)  To  accept any endowment or gift of money or property conditioned
   41  upon teaching the doctrine of supremacy of any particular race.
   42    (d) With respect to any individual who withdraws  from  attendance  to
   43  serve on active duty in the armed forces of the United States in time of
   44  war,  including  any individual who withdrew from attendance on or after
   45  August second, nineteen hundred ninety to serve on active  duty  in  the
   46  armed  forces  of the United States in the Persian Gulf conflict: (i) to
   47  deny or limit the readmission of such individual to such institution  or
   48  to any educational program or course operated or provided by such insti-
   49  tution  because  of  such  withdrawal  from attendance or because of the
   50  failure to complete any educational program or course due to such  with-
   51  drawal;  (ii)  to  impose any academic penalty on such person because of
   52  such withdrawal or because of the failure to  complete  any  educational
   53  program  or  course due to such withdrawal; (iii) to reduce or eliminate
   54  any financial aid award granted to such individual which  could  not  be
   55  used,  in  whole  or  part, because of such withdrawal or because of the
   56  failure to complete any educational program or course due to such  with-
       A. 5039                            12

    1  drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
    2  fees paid by such individual for  any  semester,  term  or  quarter  not
    3  completed  because  of  such  withdrawal  or  because  of the failure to
    4  complete any program or course due to such withdrawal.
    5    (e) It shall not be an unfair educational practice for any educational
    6  institution  to  use  criteria  other  than  race, religion, creed, sex,
    7  color, marital status, age, sexual orientation as defined in section two
    8  hundred ninety-two of the executive law, GENDER IDENTITY  OR  EXPRESSION
    9  AS  DEFINED  IN  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or
   10  national origin in the admission of students to such institution  or  to
   11  any of the educational programs and courses operated or provided by such
   12  institution.
   13    S  19. Section 485.00 of the penal law, as added by chapter 107 of the
   14  laws of 2000, is amended to read as follows:
   15  S 485.00 Legislative findings.
   16    The legislature finds and determines as follows: criminal acts involv-
   17  ing violence, intimidation and destruction of property based  upon  bias
   18  and  prejudice  have  become  more prevalent in New York state in recent
   19  years.  The intolerable truth is that  in  these  crimes,  commonly  and
   20  justly referred to as "hate crimes", victims are intentionally selected,
   21  in  whole  or  in  part,  because of their race, color, national origin,
   22  ancestry, gender, GENDER IDENTITY  OR  EXPRESSION,  religion,  religious
   23  practice,  age,  disability  or  sexual orientation. Hate crimes do more
   24  than threaten the safety and welfare of all citizens.  They  inflict  on
   25  victims  incalculable physical and emotional damage and tear at the very
   26  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
   27  particular  groups  not only harm individual victims but send a powerful
   28  message of intolerance and discrimination to all members of the group to
   29  which the victim belongs.  Hate crimes can and do intimidate and disrupt
   30  entire communities and vitiate the civility that is essential to healthy
   31  democratic processes.   In a  democratic  society,  citizens  cannot  be
   32  required  to  approve  of  the beliefs and practices of others, but must
   33  never commit criminal acts on account of  them.  Current  law  does  not
   34  adequately recognize the harm to public order and individual safety that
   35  hate  crimes  cause. Therefore, our laws must be strengthened to provide
   36  clear recognition of the gravity  of  hate  crimes  and  the  compelling
   37  importance of preventing their recurrence.
   38    Accordingly,  the  legislature  finds  and  declares  that hate crimes
   39  should be prosecuted and punished with appropriate severity.
   40    S 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
   41  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
   42  follows:
   43    1. A person commits a hate crime when he or she  commits  a  specified
   44  offense and either:
   45    (a)  intentionally  selects  the  person  against  whom the offense is
   46  committed or intended to be committed in whole or  in  substantial  part
   47  because  of  a  belief or perception regarding the race, color, national
   48  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   49  gious practice, age, disability  or  sexual  orientation  of  a  person,
   50  regardless of whether the belief or perception is correct, or
   51    (b)  intentionally commits the act or acts constituting the offense in
   52  whole or in substantial part because of a belief or perception regarding
   53  the race, color, national origin, ancestry, gender, GENDER  IDENTITY  OR
   54  EXPRESSION,  religion,  religious  practice,  age,  disability or sexual
   55  orientation of a person, regardless of whether the belief or  perception
   56  is correct.
       A. 5039                            13

    1    2.  Proof  of  race,  color, national origin, ancestry, gender, GENDER
    2  IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
    3  sexual orientation of the defendant, the victim or of both the defendant
    4  and the victim  does  not,  by  itself,  constitute  legally  sufficient
    5  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
    6  subdivision one of this section.
    7    4. For purposes of this section:
    8    (a) the term "age" means sixty years old or more;
    9    (b) the term "disability" means a physical or mental  impairment  that
   10  substantially limits a major life activity[.];
   11    (C)  THE  TERM  "GENDER  IDENTITY OR EXPRESSION" MEANS HAVING OR BEING
   12  PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE,  BEHAVIOR
   13  OR  EXPRESSION  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR-
   14  ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY  ASSO-
   15  CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
   16    S  21. Subdivision 3 of section 240.30 of the penal law, as amended by
   17  chapter 510 of the laws of 2008, is amended to read as follows:
   18    3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
   19  physical  contact,  or attempts or threatens to do the same because of a
   20  belief or perception  regarding  such  person's  race,  color,  national
   21  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   22  gious  practice,  age,  disability  or sexual orientation, regardless of
   23  whether the belief or perception is correct; or
   24    S 22. The opening paragraph of section 240.31 of  the  penal  law,  as
   25  amended  by  chapter  49  of  the  laws  of  2006, is amended to read as
   26  follows:
   27    A person is guilty of aggravated harassment in the first  degree  when
   28  with  intent to harass, annoy, threaten or alarm another person, because
   29  of a belief or perception regarding such person's race, color,  national
   30  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   31  gious  practice,  age,  disability  or sexual orientation, regardless of
   32  whether the belief or perception is correct, he or she:
   33    S 23. Section 240.00 of the penal law  is  amended  by  adding  a  new
   34  subdivision 7 to read as follows:
   35    7.  "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING PERCEIVED AS
   36  HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR EXPRESSION
   37  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR
   38  EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSOCIATED WITH THE  SEX
   39  ASSIGNED TO THAT PERSON AT BIRTH.
   40    S 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
   41  procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
   42  to read as follows:
   43    (c) in the case of any hate crime, as defined in section 485.05 of the
   44  penal law, specifies, as applicable, that the  defendant  or  defendants
   45  intentionally selected the person against whom the offense was committed
   46  or  intended to be committed; or intentionally committed the act or acts
   47  constituting the offense, in whole or in substantial part because  of  a
   48  belief  or perception regarding the race, color, national origin, ances-
   49  try, gender, GENDER IDENTITY OR EXPRESSION,  religion,  religious  prac-
   50  tice, age, disability or sexual orientation of a person; and
   51    S  25.  This act shall take effect on the thirtieth day after it shall
   52  have become a law; provided, however,  that  sections  nineteen  through
   53  twenty-four  of this act shall take effect on the first of November next
   54  succeeding the date on which it shall have become a law.
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