A9848A-2011 Actions

• May 21, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• May 21, 2012: delivered to senate
• May 21, 2012: passed assembly
• May 17, 2012: advanced to third reading cal.604
• May 15, 2012: reported
• May 4, 2012: print number 9848a
• May 4, 2012: amend and recommit to governmental operations
• Apr 18, 2012: referred to governmental operations

A9848A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9848--A
 I N  ASSEMBLY
 April 18, 2012
 
 Introduced  by  M.  of  A. PAULIN, DINOWITZ, P. RIVERA, TITUS, WEPRIN -
 Multi-Sponsored by -- M. of A.  GLICK,  GOTTFRIED  --  read  once  and
 referred  to  the  Committee  on  Governmental Operations -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the executive law, in  relation  to  the  definition  of
 "place  of public accommodation, resort or amusement" for the purposes
 of the human rights law
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  9  of  section  292 of the executive law, as
 amended by chapter 262 of the laws  of  1994,  is  amended  to  read  as
 follows:

 9. The term "place of public accommodation, resort or amusement" shall
 include,  REGARDLESS OF WHETHER THE OWNER OR OPERATOR OF SUCH PLACE IS A
 STATE OR LOCAL GOVERNMENT ENTITY OR  A  PRIVATE  INDIVIDUAL  OR  ENTITY,
 except  as  hereinafter specified, all places included in the meaning of
 such terms as: inns,  taverns,  road  houses,  hotels,  motels,  whether
 conducted  for the entertainment of transient guests or for the accommo
 dation of those seeking health, recreation or rest, or  restaurants,  or
 eating  houses,  or  any place where food is sold for consumption on the
 premises; buffets, saloons, barrooms, or any store,  park  or  enclosure
 where  spirituous  or  malt liquors are sold; ice cream parlors, confec
 tionaries, soda fountains, and all stores where ice cream, ice and fruit
 preparations or their derivatives, or where beverages of  any  kind  are
 retailed  for  consumption  on the premises; wholesale and retail stores
 and establishments dealing with goods or services of any  kind,  dispen
 saries,  clinics,  hospitals, bath-houses, swimming pools, laundries and
 all other cleaning establishments, barber shops, beauty  parlors,  thea
 tres,  motion picture houses, airdromes, roof gardens, music halls, race
 courses, skating rinks, amusement and recreation parks,  trailer  camps,
 resort  camps, fairs, bowling alleys, golf courses, gymnasiums, shooting
 galleries, billiard and pool parlors; garages,  all  public  conveyances
 operated  on  land  or  water or in the air, as well as the stations and
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14272-03-2
 
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 terminals  thereof;  travel  or  tour  advisory  services,  agencies  or
 bureaus;  public  halls  [and],  PUBLIC ROOMS, public elevators, AND ANY
 PUBLIC AREAS of [buildings  and  structures  occupied  by  two  or  more
 tenants, or by the owner and one or more tenants] ANY BUILDING OR STRUC
 TURE.    Such  term shall not include [public libraries,] kindergartens,
 primary and secondary schools, high  schools,  academies,  colleges  and
 universities,  extension courses, and all educational institutions under
 the supervision of the regents of  the  state  of  New  York;  any  such
 [public  library,]  kindergarten, primary and secondary school, academy,
 college, university, professional  school,  extension  course  or  other
 education  facility, supported in whole or in part by public funds or by
 contributions solicited from the general  public;  or  any  institution,
 club  or  place  of  accommodation which proves that it is in its nature
 distinctly private. In no event shall an institution, club or  place  of
 accommodation  be  considered in its nature distinctly private if it has
 more than one hundred members, provides regular meal service  and  regu
 larly  receives  payment  for  dues,  fees,  use  of  space, facilities,
 services, meals or beverages directly or indirectly from or on behalf of
 a nonmember for the furtherance of trade or  business.  An  institution,
 club,  or  place of accommodation which is not deemed distinctly private
 pursuant to this  subdivision  may  nevertheless  apply  such  selective
 criteria  as  it  chooses  in  the  use of its facilities, in evaluating
 applicants for membership and in the conduct of its activities, so  long
 as  such  selective  criteria do not constitute discriminatory practices
 under this article or any other provision of law. For  the  purposes  of
 this section, a corporation incorporated under the benevolent orders law
 or described in the benevolent orders law but formed under any other law
 of  this  state or a religious corporation incorporated under the educa
 tion law or the religious corporations law shall be deemed to be in  its
 nature distinctly private.
 No  institution,  club,  organization  or place of accommodation which
 sponsors or conducts any amateur athletic contest or sparring exhibition
 and advertises or bills such contest or exhibition as a New  York  state
 championship contest or uses the words "New York state" in its announce
 ments  shall  be  deemed a private exhibition within the meaning of this
 section.
 

S 2. Paragraphs (c) and (d) of subdivision 2 of  section  296  of  the
 executive  law, as added by chapter 394 of the laws of 2007, are amended
 to read as follows:

 (c) For the purposes of paragraph (a) of this subdivision,  "discrimi
 natory practice" includes:

 (i) a refusal to make reasonable modifications in policies, practices,
 or  procedures,  when such modifications are necessary to afford facili
 ties, privileges, advantages or accommodations to individuals with disa
 bilities, unless such person can demonstrate that making such  modifica
 tions   would   fundamentally  alter  the  nature  of  such  facilities,
 privileges, advantages or accommodations;
 (ii) a refusal to take such steps as may be necessary to  ensure  that
 no  individual  with a disability is excluded or denied services because
 of the absence of auxiliary aids and services, unless  such  person  can
 demonstrate  that taking such steps would fundamentally alter the nature
 of the facility, privilege, advantage or accommodation being offered  or
 would result in an undue burden;
 (iii)  a  refusal  to remove architectural barriers, and communication
 barriers that are structural in  nature,  in  existing  facilities,  and
 transportation  barriers  in  existing  vehicles and rail passenger cars
 
       A. 9848--A                          3
 used by an establishment for  transporting  individuals  (not  including
 barriers  that  can only be removed through the retrofitting of vehicles
 or rail passenger cars by the  installation  of  a  hydraulic  or  other
 lift), where such removal is readily achievable; [and]
 (iv)  WHERE  SUCH  PERSON  IS  A  LOCAL  OR STATE GOVERNMENT ENTITY, A
 REFUSAL TO REMOVE ARCHITECTURAL  BARRIERS,  AND  COMMUNICATION  BARRIERS
 THAT  ARE  STRUCTURAL IN NATURE, IN EXISTING FACILITIES, AND TRANSPORTA
 TION BARRIERS IN EXISTING VEHICLES AND RAIL PASSENGER CARS  USED  BY  AN
 ESTABLISHMENT  FOR TRANSPORTING INDIVIDUALS (NOT INCLUDING BARRIERS THAT
 CAN ONLY BE REMOVED THROUGH THE RETROFITTING OF VEHICLES OR RAIL PASSEN
 GER CARS BY THE INSTALLATION OF A HYDRAULIC OR OTHER LIFT),  WHERE  SUCH
 REMOVAL  DOES  NOT  CONSTITUTE  AN  UNDUE BURDEN; EXCEPT AS SET FORTH IN
 PARAGRAPH (E) OF THIS SUBDIVISION; NOTHING IN THIS SECTION WOULD REQUIRE
 A PUBLIC ENTITY TO: NECESSARILY MAKE EACH  OF  ITS  EXISTING  FACILITIES
 ACCESSIBLE  TO  AND  USABLE  BY  INDIVIDUALS WITH DISABILITIES; TAKE ANY
 ACTION THAT WOULD THREATEN OR DESTROY THE HISTORICAL SIGNIFICANCE OF  AN
 HISTORIC  PROPERTY; OR TO MAKE STRUCTURAL CHANGES IN EXISTING FACILITIES
 WHERE OTHER METHODS ARE EFFECTIVE  IN  ACHIEVING  COMPLIANCE  WITH  THIS
 SECTION;
 (V)  where  such  person can demonstrate that the removal of a barrier
 under subparagraph (iii) of this paragraph is not readily achievable,  a
 failure  to  make  such  facilities,  privileges, advantages or accommo
 dations available through alternative methods if such methods are readi
 ly achievable.
 (d) For the purposes of this subdivision:

 (i) "Readily achievable" means easily accomplishable and  able  to  be
 carried  out  without much difficulty or expense. In determining whether
 an action is readily achievable, factors to be considered include:

 (A) the nature and cost of the action needed under this subdivision;
 (B) the overall financial resources  of  the  facility  or  facilities
 involved in the action; the number of persons employed at such facility;
 the  effect  on  expenses  and resources or the impact otherwise of such
 action upon the operation of the facility;
 (C) the overall financial resources of the place  of  public  accommo
 dation,  resort or amusement; the overall size of the business of such a
 place with respect to the number of its employees; the number, type  and
 location of its facilities; and
 (D)  the type of operation or operations of the place of public accom
 modation, resort or amusement, including the composition, structure  and
 functions  of  the workforce of such place; the geographic separateness,
 administrative or fiscal relationship of the facility or  facilities  in
 question to such place.
 (ii) "Auxiliary aids and services" include:

 (A) qualified interpreters or other effective methods of making aural
 ly  delivered  materials  available  to individuals with hearing impair
 ments;
 (B) qualified readers, taped  texts  or  other  effective  methods  of
 making visually delivered materials available to individuals with visual
 impairments;
 (C) acquisition or modification of equipment or devices; and
 (D) other similar services and actions.
 (iii)  "Undue  burden"  means  significant  difficulty  or expense. In
 determining whether an action would result in an undue  burden,  factors
 to be considered shall include:

 (A) The nature and cost of the action needed under this article;
 
       A. 9848--A                          4
 (B)  The  overall financial resources of the site or sites involved in
 the action; the number of persons employed at the site;  the  effect  on
 expenses  and  resources; legitimate safety requirements that are neces
 sary for safe operation, including crime  prevention  measures;  or  the
 impact otherwise of the action upon the operation of the site;
 (C)  The  geographic  separateness,  and  the administrative or fiscal
 relationship of the site or sites in question to any parent  corporation
 or entity;
 (D)  If  applicable,  the  overall  financial  resources of any parent
 corporation or entity; the overall size of  the  parent  corporation  or
 entity  with  respect  to the number of its employees; the number, type,
 and location of its facilities; and
 (E) If applicable, the type of operation or operations of  any  parent
 corporation  or  entity, including the composition, structure, and func
 tions of the workforce of the parent corporation or entity.
 

S 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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