A03273 Summary:

COSPNSRDickens, Jaffee, Arroyo, Taylor, Cook
Add 16, Civ Rts L
Enacts the "New York religious freedom act".
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A03273 Actions:

01/29/2019referred to governmental operations
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A03273 Committee Votes:

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A03273 Floor Votes:

There are no votes for this bill in this legislative session.
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A03273 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
        Introduced  by  M. of A. ORTIZ, DICKENS, JAFFEE, ARROYO, TAYLOR, COOK --
          read once and referred to the Committee on Governmental Operations
        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:
     1    Section 1. Short title. This act shall be known, and may be cited,  as
     2  the "New York religious freedom act".
     3    § 2. Legislative intent. The Legislature finds and declares all of the
     4  following:
     5    (a) In New York, we celebrate the rich cultural heritage and diversity
     6  of our residents.
     7    (b)  Freedom  of religion and protection from persecution are founding
     8  ideals of our nation.
     9    (c) New York must uphold the protection of religious freedom enshrined
    10  in the United States Constitution for all of its people, and  the  state
    11  has  a  moral  obligation  to protect its citizens from religious perse-
    12  cution.
    13    (d) Section 3 of Article I of the New York state Constitution  guaran-
    14  tees  the free exercise and enjoyment of religion without discrimination
    15  or preference.
    16    § 3. The civil rights law is amended by adding a  new  section  16  to
    17  read as follows:
    18    §  16.  New  York  religious freedom act. 1. Notwithstanding any other
    19  law, a state or local agency or public employee acting  under  color  of
    20  law shall not:
    21    (a)  Provide  or disclose to federal government authorities personally
    22  identifiable information regarding the religious beliefs, practices,  or
    23  affiliation  of  any  individual  for  the  purpose of compiling a list,
    24  registry, or database of individuals  based  on  religious  affiliation,
    25  national origin, or ethnicity.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3273                             2
     1    (b) Use agency money, facilities, property, equipment, or personnel to
     2  assist  in  creation,  implementation,  or enforcement of any government
     3  program compiling a list, registry, or database of personally  identifi-
     4  able  information about individuals based on religious belief, practice,
     5  or  affiliation, or national origin or ethnicity, for law enforcement or
     6  immigration purposes.
     7    (c) Make personally identifiable  information  from  agency  databases
     8  available,   including  any  databases  maintained  by  private  vendors
     9  contracting with the agency, to anyone or any entity for the purpose  of
    10  investigation  or  enforcement  under any government program compiling a
    11  list, registry, or database of individuals based  on  religious  belief,
    12  practice,  or  affiliation,  or  national  origin  or  ethnicity for law
    13  enforcement or immigration purposes.
    14    2. Notwithstanding any other law,  state  and  local  law  enforcement
    15  agencies shall not:
    16    (a)  Collect  information on the religious belief, practice, or affil-
    17  iation of any individual except: (1) as part of a targeted investigation
    18  of an individual based on reasonable suspicion to believe that  individ-
    19  ual  has  engaged  in criminal activity, and when there is a clear nexus
    20  between the criminal activity and  the  specific  information  collected
    21  about religious belief, practice, or affiliation; or (2) where necessary
    22  to provide religious accommodations.
    23    (b) Use agency money, facilities, property, equipment, or personnel to
    24  investigate,  enforce,  or assist in the investigation or enforcement of
    25  any criminal, civil, or  administrative  violation,  or  warrant  for  a
    26  violation, of any requirement that individuals register with the federal
    27  government  or any federal agency based on religion, national origin, or
    28  ethnicity.
    29    3. Any agreements in existence on the effective date of  this  section
    30  that  make any agency or department information or database available in
    31  conflict with the terms of this section are terminated on that  date  to
    32  the extent of the conflict.
    33    4.  Nothing  in  this section prohibits any state or local agency from
    34  sending to, or receiving from, any  local,  state,  or  federal  agency,
    35  information regarding an individual's citizenship or immigration status.
    36  "Information   regarding  an  individual's  citizenship  or  immigration
    37  status, lawful or unlawful" for  purposes  of  this  section,  shall  be
    38  interpreted  consistent  with  Sections  1373 and 1644 of Title 8 of the
    39  United States Code.
    40    5. Nothing in this section is intended to prevent any state  or  local
    41  agency  from compiling aggregate non-personally identifiable information
    42  about religious belief, practice, or  affiliation,  national  origin  or
    43  ethnicity  or  from  exchanging  it  with other local, state, or federal
    44  agencies.
    45    § 4. This act shall take effect immediately.
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