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S6349Senate2011-2012 SessionSame asA5039

Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute

Sponsor Daniel L. SquadronSD-25+17 co-sponsorsAffects Legal
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

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In committee · Rules

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History

  1. Committee discharged and committed to rules
  2. Notice of committee consideration - requested
  3. Referred to investigations and government operations

Companion bill

Full text

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

Sponsor's memo

BILL NUMBER:S6349

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 the 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 subdivision 35 to section 292 of the Executive Law, defining of "gender identity or expression."

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

PROVISIONS OF SECTION OR TYPE OF DISCRIMINATION ALREADY EXISTING LAW PROHIBITED

Exec. Law §291 Equality of opportunity Sec. 2 defined as a civil right

Sec. 4 Exec. Law §295 Division of Human Rights powers and duties

Sec. 5 Exec. Law §296(1) Employers, licensing agencies, employment agencies and labor organizations

Sec. 6 Exec. Law §296(1-a) Apprenticeship training programs

Sec. 7 Exec. Law §296(2) Place of public accommodation, resort or amusement

Sec. 8 Exec. Law §296(2-a) Publicly-assisted housing

Sec. 9 Exec. Law §296(3-b) Realtors representing that a change has occurred or may

occur in the composition of a neighborhood

Sec. 10 Exec. Law §296(4) Non-sectarian education corporations or associations

Sec. 11 Exec. Law §296(5) Private housing accommodations and commercial space, keeping the exemption for small, owner-occupied housing

Sec. 12 Exec. Law §296(9) Volunteer fire department membership

Sec. 13 Exec. Law §296(13) Commercial boycotts and blacklists

Sec. 14 Exec. Law §296-a Credit

Sec. 15 Exec. Law §40-c Civil rights

Sec. 16 Exec. Law §313(1) Education institutions, without affecting the rights of religious education institutions

Sec. 17 Education Law Unfair educational §313(3) practices

Sections 18 through 23 add "gender identity or expression" to the list of factors that can make a "hate crime"."

Justification

The transgender community is not protected from discrimination under law. Transgender 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 the recent SONDA (the Sexual orientation Non-discrimina- tion Act) believed that it covered transgender discrimination. However, being transgender is not the same as being homosexual.

Prior legislative history

S.2406 - Sent to Senate Judiciary Committee

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.

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