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S5409Senate2009-2010 SessionSame asA5947

Includes "alien status" (defined) in list of grounds determining commission of unlawful discriminatory practice and state civil rights violation; excepts credit

Sponsor Hiram MonserrateSD-13Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Sponsors

Primary sponsor
Hiram Monserrate

Senator · Senate District 13

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the executive law and the civil rights law, in relation to outlawing discrimination because of alien status

Purpose or general idea

Creates a statutory basis for the prohibition of discrimination on the basis of alienage status or citizenship status.

Summary of specific provisions

This bill would amend present law by adding the term "alien status" to:

Subdivisions 1 and 2 of section 291 of the executive law, as amended by chapter 106 of the laws of 2003.

Section 292 of the executive law is amended by adding a new subdivision 34 to read as follows:

31. The term "alien status" means:

(a) the citizenship status of any person; or

(b) the immigration status of any person who is not a citizen or national of the United States, but who is authorized to accept employment under the policies and practices of the Immigration and Nationality Act.

Subdivisions 8 and 9 of section 295 of the executive law, as amended by chapter 106 of the laws of 2003

Paragraphs (a), (b), (c), (d) of subdivision 1 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003

Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of the executive law, as amended by chapter 106 of the laws of 2003

Paragraph (a) of subdivision 2 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003

Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a and subdivision 3-b of section 296 of the executive law, paragraphs (a), (b), and (c) of subdivision 2-a and subdivision 3-b as amended and paragraph (c-1) of subdivision 2-a as added by chapter 106 of the laws of 2003

Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003

Subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003

Section 296-a of the executive law is amended by adding a new subdivision 3-b to read as follows:

3-b. Notwithstanding any other provision of this section, or of any law, rule or regulation to the contrary it shall not be an unlawful discriminatory practice for any person to:

a. make credit differentiation's or decisions relating to credit, if such credit differentiation's or decisions are based upon the applicant's alien status;

b. make any inquiry as to the applicant's alien status; or

c. give preferences to an applicant who is a citizen of the United States, over an applicant of like overall credit worthiness who is a resident alien, when such preferences is mandated or permitted by any law or regulation of the United States.

Justification

New York State is currently home to more than one and one-half million undocumented persons. These individuals contribute to the cultural diversity of our State and help to stimulate our economy. As a state of immigrants, New York State has a special obligation to assist those who, like our ancestors, have come to our country to seek a better way of life. Undocumented persons are especially vulnerable to exploitation and suffering from substandard education, housing, and health care.

Prior legislative history

(1992), A.4929; (1993-94), A.3537. 2001/02: A.7094, 2003/04: A.5360, 2005/06: A.5005 2007/08: A.4603 referred to governmental operations

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.