S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7740

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred to the Committee
  on Governmental Operations

AN ACT to  amend  the  executive  law,  in  relation  to  expanding  the
  protections to housing, higher education, and volunteer activity

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 16 of section 296  of  the  executive  law,  as
separately  amended by section 3 of part N and section 14 of part AAA of
chapter 56 of the laws of 2009, is amended to read as follows:
  16. (A) It  shall  be  an  unlawful  discriminatory  practice,  unless
specifically  required  or permitted by statute, for any person, agency,
bureau, corporation or association, including the state  and  any  poli-
tical  subdivision  thereof, OR ANY ENTITY SET FORTH IN PARAGRAPH (A) OF
SUBDIVISION FIVE OF THIS SECTION, OR ANY INSTITUTION OF HIGHER EDUCATION
AS DEFINED IN SECTION 50.1 OF TITLE 8 OF THE COMPILATION OF CODES, RULES
AND REGULATIONS OF NEW YORK;
  (I) to make any inquiry about, whether in any form of  application  or
otherwise,  or  to  act  upon  adversely to the individual involved, any
arrest or criminal  accusation  of  such  individual  not  then  pending
against  that  individual  which  was  followed by a termination of that
criminal action or proceeding in favor of such individual, as defined in
subdivision two of section 160.50 of  the  criminal  procedure  law  AND
SECTION 375.1 OF THE FAMILY COURT ACT, or by a youthful offender adjudi-
cation,  as defined in subdivision one of section 720.35 of the criminal
procedure law, OR BY A JUVENILE DELINQUENCY ADJUDICATION AS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  380.1  OF  THE  FAMILY COURT ACT, or by a
conviction for a violation sealed OR SEALABLE pursuant to section 160.55
of the criminal procedure law, or by a conviction which is sealed pursu-
ant to section 160.58 of the criminal procedure law[,];
  (II) in connection with the FOLLOWING MATTERS:   THE  licensing[,]  OR
employment  [or] OF SUCH INDIVIDUAL; THE SELLING, RENTING, OR LEASING OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11259-01-3
              

A. 7740                             2

HOUSING TO SUCH INDIVIDUAL, OR HIS OR  HER  TENANCY  OR  OCCUPANCY;  THE
ADMISSION OF SUCH INDIVIDUAL TO ANY COLLEGE, UNIVERSITY, OR OTHER INSTI-
TUTION  OF  HIGHER EDUCATION; THE CONSIDERATION OF SUCH INDIVIDUAL FOR A
VOLUNTEER  POSITION,  APPRENTICESHIP,  INTERNSHIP  OR EXTERNSHIP WHETHER
PAID OR UNPAID; AND THE providing of credit, A MORTGAGE or insurance  to
such individual; [provided]
  (B)  PROVIDED,  further,  THAT  IN  CONNECTION WITH ANY OF THE MATTERS
LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION that no
person shall be required to divulge information pertaining to any arrest
or criminal accusation of such individual not then pending against  that
individual  which  was followed by a termination of that criminal action
or proceeding in favor of such individual, as defined in subdivision two
of section 160.50 of the criminal procedure law AND SECTION 375.1 OF THE
FAMILY COURT ACT, or by a youthful offender adjudication, as defined  in
subdivision one of section 720.35 of the criminal procedure law, OR BY A
JUVENILE  DELINQUENCY  ADJUDICATION  AS  DEFINED  IN  SUBDIVISION ONE OF
SECTION 380.1 OF THE  FAMILY  COURT  ACT,  or  by  a  conviction  for  a
violation  sealed OR SEALABLE pursuant to section 160.55 of the criminal
procedure law, or by a conviction which is sealed  pursuant  to  section
160.58 of the criminal procedure law. IN THE EVENT THAT AN ENTITY LISTED
IN  PARAGRAPH  (A)  OF  THIS SUBDIVISION MAKES A PROHIBITED INQUIRY, THE
AFFECTED PERSON SHALL BE PERMITTED TO RESPOND IN THE NEGATIVE.
  (C) The provisions of this subdivision shall not apply to the  licens-
ing  activities  of governmental bodies in relation to the regulation of
guns, firearms and other deadly weapons or in relation to an application
for employment as a police officer or peace officer as those  terms  are
defined  in subdivisions thirty-three and thirty-four of section 1.20 of
the criminal procedure law; provided further that the provisions of this
subdivision shall not apply to an application for employment or  member-
ship  in any law enforcement agency with respect to any arrest or crimi-
nal accusation which was followed by a youthful  offender  adjudication,
as  defined  in subdivision one of section 720.35 of the criminal proce-
dure law, or by a conviction for a violation sealed pursuant to  section
160.55 of the criminal procedure law, or by a conviction which is sealed
pursuant to section 160.58 of the criminal procedure law.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.