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A00747 Summary:

BILL NOA00747
 
SAME ASSAME AS UNI. S01047
 
SPONSORGottfried (MS)
 
COSPNSRGlick, O'Donnell, Bronson, Rosenthal L, Heastie, Dinowitz, Cook, Hevesi, Cahill, Englebright, Paulin, Ryan, Abinanti, Mosley, Arroyo, Pichardo, Ortiz, Rozic, Weprin, Blake, Steck, Bichotte, Hunter, Carroll, D'Urso, Jean-Pierre, De La Rosa, Walker, Dickens, Jaffee, Simon, Burke, Cruz, Jacobson, Reyes, Fall, Romeo, Niou, Hyndman, Epstein, Thiele, Otis, Frontus, Griffin, Lavine, McMahon, Taylor, Zebrowski, Seawright, Stirpe, Solages, Barrett, Fahy, Fernandez, Kim
 
MLTSPNSRAubry, Benedetto, Braunstein, Buchwald, DenDekker, Galef, Gunther, Lifton, Lupardo, Magnarelli, Miller MG, Nolan, Peoples-Stokes, Perry, Pretlow, Quart, Ramos, Rivera, Simotas
 
Amd 291, 292, 295, 296, 296-a & 296-b, Exec L; amd 40-c, Civ Rts L; amd 313, Ed L; amd 485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd 200.50, 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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A00747 Actions:

BILL NOA00747
 
01/10/2019referred to governmental operations
01/14/2019reported referred to codes
01/14/2019reported referred to rules
01/14/2019reported
01/14/2019rules report cal.2
01/14/2019ordered to third reading rules cal.2
01/15/2019substituted by s1047
 S01047 AMEND= HOYLMAN
 01/10/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 01/14/2019REPORTED AND COMMITTED TO RULES
 01/14/2019ORDERED TO THIRD READING CAL.2
 01/15/2019PASSED SENATE
 01/15/2019DELIVERED TO ASSEMBLY
 01/15/2019referred to codes
 01/15/2019substituted for a747
 01/15/2019ordered to third reading rules cal.2
 01/15/2019passed assembly
 01/15/2019returned to senate
 01/15/2019DELIVERED TO GOVERNOR
 01/25/2019SIGNED CHAP.8
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A00747 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A747
 
SPONSOR: Gottfried (MS)
  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 criminal offenses related to gender identity or expression under the hate crimes statute.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 declares the legislative intent. Section 3 adds new Subdivision 35 to Section 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 Section Description of Section ction Sec. 2 Exec.§ 291(1)&(2) Equally of opportunity defined as civil right Sec.4 Exec.§ 295 (8)&(9) Division of Human Rights powers and duties Sec.5 Exec.§ 296 (1) Employers, licensing agencies, employment agencies, and labor organizations Sec.6 Exec.§ 296(1-a) Apprenticeship training programs Sec. 7 Exec.§ 296(2) Places of public accomodation, resort or amusement Sec.8 Exec.§ 296(2-a) Publically-assisted housing Sec.9 Exec.§ 296(3-b) Realtors representing thata change has occurred or may occur in the composition of a neighborhood Sec.10 Exec.§ 296(4) Nonsectarian education corporations or associations Sec.11 Exec. § 296(5) Private housing accommodations and commercial space, keeping the exemption for small, owner-occupiedhousing. Sec.12 Exec. § 296(9) Volunteer fire department membership Sec.13 Exec. § 296(13) Commercial boycotts and blacklists Sec.14 Exec. § 296-a(1),(2) & (3) Credit Sec.15 Exec. § 296-b(2) Domestic worker harassment Sec.16 Civil Rights § 40-c Civil rights Sec.17 Educ. § 313(1) Education institutions, without affecting the rights of religious education insti- tutions Sec.18 Educ. § 313(3) Unfair educational practices Sections 19 through 24 amend various provisions of the Penal Law and the Criminal Procedure Law to 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: Neither federal nor state statutes ban discrimination based on gender identity or expression in areas of employment, housing or public accom- modations. Because sexual orientation and gender identity or expression are different, courts generally have not interpreted sexual orientation nondiscrimination laws to include transgender discrimination. Eighteen states, the District of Columbia and Puerto Rico, and 157 cities and counties in the United States including the cities of Albany, Buffalo, Ithaca, New York, Rochester and Syracuse, and the counties of Albany, Suffolk, Tompkins and Westchester have passed transgender-inclusive civil rights legislation. This legislation would extend those protections statewide.   PRIOR LEGISLATIVE HISTORY: 2003: A.8319-A reported to Rules 2004: A.8319-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. Operations 2008: A.6584-A passed Assembly; S.3753 referred to Investigations and Gov't. Operations 2009: A.5710 passed Assembly; S.2406 referred to Investigations and Gov't. Operations 2010: A.5710 passed Assembly; S.2406 referred to Investigations and Gov't. Operations 2011: A.5039 passed Assembly; S.2873/S.6349 referred to Investigations and Gov't Operations 2012: A.5039 passed Assembly; S.2873/S.6349 referred to Investigations and Gov't Operations 2013: A.4226 passed Assembly; S.195 referred to Investigations and Gov't. Operations 2014: A.4226-B passed Assembly; S.195-B referred to Investigations and Gov't. Operations 2015: A.4558-B passed Assembly; S.61-B referred to Investigations and Gov't.Operations 2016: A.4558-B passed Assembly; S.61-B referred to Investigations and Gov't. Operations 2017: A.3358 passed Assembly; S.502 defeated in Investigations and Gov't.Operations 2018: A.3358 passed Assembly; S.7010 defeated in 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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