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A02139 Summary:

BILL NOA02139A
 
SAME ASNo Same As
 
SPONSORBerger
 
COSPNSRLavine, Stern, Weprin, Dinowitz, Sayegh, Kay, Hevesi, Yeger, Eichenstein, Rozic, Paulin, Glick, Wieder, Pheffer Amato, Slater, Shimsky, Woerner, McMahon, Conrad
 
MLTSPNSR
 
Add §79-r, Civ Rts L
 
Requires state agencies and courts to take into consideration the International Holocaust Remembrance Alliance's definition and contemporary examples of antisemitism when reviewing, investigating, or deciding whether there has been a violation of any non-criminal or criminal law, rule, or policy prohibiting discriminatory acts.
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A02139 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2139--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by M. of A. BERGER, LAVINE, STERN, WEPRIN, DINOWITZ, SAYEGH,
          KAY,  HEVESI,  YEGER,  EICHENSTEIN,  ROZIC,  PAULIN,  GLICK,   WIEDER,
          PHEFFER AMATO,  SLATER, SHIMSKY, WOERNER, McMAHON, CONRAD -- read once
          and referred to the Committee on Governmental Operations --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the  civil  rights  law, in relation to enacting the
          "Honoring Our Pledge to Eliminate Antisemitism (HOPE) act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known and may be cited as the "Honoring
     2  Our Pledge to Eliminate Antisemitism (HOPE) act".
     3    § 2. Legislative intent. It is the intent of the legislature to ensure
     4  that individuals of  Jewish  faith,  heritage,  or  identity  are  fully
     5  protected from discrimination. This act is not intended to infringe upon
     6  the First Amendment rights guaranteed by the United States Constitution,
     7  nor  the  free speech protections afforded under the Constitution of the
     8  state of New York.
     9    § 3. The civil rights law is amended by adding a new section  79-r  to
    10  read as follows:
    11    § 79-r. Adoption  of  the International Holocaust Remembrance Alliance
    12  definition of antisemitism. 1.  As used in this section,  the  following
    13  terms shall have the following meanings:
    14    (a)  "Antisemitism" shall have the same meaning as provided for in the
    15  working definition of antisemitism adopted by  the  International  Holo-
    16  caust  Remembrance  Alliance  (IHRA)  on  May twenty-sixth, two thousand
    17  sixteen, and shall include the contemporary examples of antisemitism set
    18  forth therein.
    19    (b) "State agency" shall mean any office, department,  board,  commis-
    20  sion, bureau, division, public corporation, agency or instrumentality of
    21  the state.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01172-03-5

        A. 2139--A                          2
 
     1    2.  In  reviewing, investigating, or deciding whether there has been a
     2  violation of any rule or policy prohibiting discriminatory acts, a state
     3  agency shall take into consideration the definition of  antisemitism  as
     4  set forth in this section for purposes of determining whether an alleged
     5  act  was  motivated  by discriminatory antisemitic intent, including but
     6  not limited to claims brought pursuant to article fifteen of the  execu-
     7  tive law.
     8    3. A state agency shall apply the same legal standard as applicable to
     9  like  claims of discrimination arising under laws of this state, includ-
    10  ing article fifteen of the executive law.
    11    4. For the purposes of training of state personnel related to discrim-
    12  ination and anti-bias training, the definition of antisemitism described
    13  in this section shall be used as  an  educational  tool  to  familiarize
    14  staff and officials with antisemitism.
    15    § 4. This act shall take effect immediately.
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