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A03358 Summary:

BILL NOA03358
 
SAME ASSAME AS S07010
 
SPONSORGottfried (MS)
 
COSPNSRGlick, O'Donnell, Titone, Bronson, Morelle, Rosenthal L, Dinowitz, Cook, Hevesi, Cahill, Englebright, Paulin, Ryan, Abinanti, Sepulveda, Mosley, Arroyo, Pichardo, Ortiz, Rozic, Weprin, Mayer, Blake, Jenne, Steck, Bichotte, Hunter, Carroll, D'Urso, Jean-Pierre, De La Rosa, Walker, Pellegrino, Skoufis, Dickens, Jaffee, Simon
 
MLTSPNSRAubry, Benedetto, Braunstein, Buchwald, DenDekker, Fahy, Galef, Gunther, Hooper, Hyndman, Lifton, Lupardo, Magnarelli, McDonald, Otis, Peoples-Stokes, Perry, Pretlow, Quart, Ramos, Rivera, Seawright, Simotas, Skartados, Solages, Thiele
 
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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A03358 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3358
 
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the executive law, the civil rights law and the educa- tion 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 iden- tity 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 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 "gender identity or expression." Other sections add "gender identity or expression" to list of factors that prohibit discrimination, as follows: Existing Law Description of Section Section Sec. 2 Exec. § 291(1)&(2) Equality of opportunity defined as a 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 accommodation, resort or amusement Sec. 8 Exec. § 296(2-a) Publicly-assisted housing Sec. 9 Exec. § 296(3-b) Realtors representing that a 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-occupied housing Sec.12 Exec. § 296(9) Volunteer fire department membership Sec.13 Exec. § 296(13) Commercial boycotts and blacklists Sec.14 Exec. § 296-a(1), Credit (2) &(3) 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 institutions 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 2009-10: A.5710 - passed Assembly; S.2406 referred to Investigations and Gov't. Operations 2011-12: A.5039 - passed Assembly; S.2873/S.6349 referred to Investi- gations and Gov't Operations 2013: A4226 - passed Assembly; S195 referred to Investigations and Gov't. Operations 2014: A4226-8 passed Assembly; S195-B referred to Investigations and Gov't. Operations 2015: A4558B passed Assembly; S61B referred to Investigations and Govt Ops 2016: A4558B passed Assembly; S61B referred to Investigations and Govt Ops   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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