NY State Senate Bill 2015-S3195A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2016	print number 3195a
Jan 25, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Feb 03, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2015-S3195 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1740
2011-2012: S1791
2013-2014: S641
2017-2018: S5595
2019-2020: S3887
2021-2022: S4217

2015-S3195 - Summary

Expands definition of place of public accommodation, resort or amusement in relation to unlawful discriminatory practices.

2015-S3195 - Sponsor Memo

                                BILL NUMBER:S3195

TITLE OF BILL:  An act to amend the executive law, in relation to
unlawful discriminatory practices

PURPOSE OR GENERAL IDEA OF BILL: To end discrimination because of
race, creed, sex, color or national origin in institutions, clubs or
places of accommodation that are granted licenses or tax exemption
from the state or any of its political subdivisions.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 9 of section 292 of the
executive law, as amended by chapter 262 of the laws of 1994 is
amended.

Under existing law "any institution, club or place of accommodation
which is by its nature distinctly private" is excluded from the
definition of "place of public accommodation" under the equality of
opportunity provisions of the Human Rights Law. This bill clarifies
the definition of "distinctly private" so that an institution which
receives tax exemption or licensing from the government, which are
public privileges rather than private rights, may no longer
discriminate on the basis of race, creed, sex, color or national
origin. The basic change is incorporated in subdivision 9 of Section
292. In two places, both in the definition of place of public
accommodation and in the exclusions, the current language is modified.

If this bill is enacted, the jurisdiction of the State Division of
Human Rights will extend to "institutions, clubs or places of
accommodation which are the recipients of any form of abatement or
exemption from taxes, in whole or in part, from the state or any of
its political subdivisions." Similarly, private institutions, clubs or
places of accommodation will be excluded from the provisions of the
Human Rights Law only if they are not the beneficiaries of public
licensing or tax exemption.

JUSTIFICATION:  While private organizations were always exempt from
the jurisdiction of the Division of Human Rights, it was never the
intention of the law to grant such exclusion to organizations which
receive public benefits.

Court cases have challenged the right of tax exempt fraternal
organizations to practice discrimination in their membership policies.
In addition, organizations which apply for liquor and other licenses
are truly places of public accommodation rather than purely private
facilities. Even under this proposed legislation, such organizations
could continue to adhere to selective membership policies, provided
they do not seek special privileges from government in the form of
licensing or tax exemption. By enacting this law, the Legislature
could sharpen the lines of distinction between private and public
institutions, clubs or places of accommodation.

PRIOR LEGISLATIVE HISTORY:  This legislation has been previously
introduced.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE:  This act shall take effect on the first of September
next succeeding the date on which it shall have become a law.

2015-S3195 - Bill Text download pdf

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

                                  3195

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry practices

  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,  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
accommodation of those seeking health, recreation or  rest,  or  restau-
rants, 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,
confectionaries, 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,
dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries
and all other cleaning establishments,  barber  shops,  beauty  parlors,
theatres,  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 terminals thereof; travel or tour advisory services,  agen-
cies  or  bureaus;  public  halls  and public elevators of buildings and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04933-01-5

S. 3195                             2

structures occupied by two or more tenants, or by the owner and  one  or
more  tenants;  INSTITUTIONS, CLUBS OR PLACES OF ACCOMMODATION WHICH ARE
LICENSED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, OR  ARE  THE
RECIPIENTS OF ANY FORM OF ABATEMENT OR EXEMPTION FROM TAXES, IN WHOLE OR
IN PART, FROM THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.  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 gener-
al  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 regularly receives payment for dues, fees,  use
of space, facilities, services, meals or beverages directly or indirect-
ly  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  facili-
ties,  in evaluating applicants for membership and in the conduct of its
activities, so long as such selective criteria do not constitute discri-
minatory 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 education law or the religious corporations law
shall be deemed to be in  its  nature  distinctly  private  AND  IS  NOT
LICENSED  BY  THE  STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND IS NOT
THE RECIPIENT OF ANY FORM OF ABATEMENT OR EXEMPTION FROM TAXES, IN WHOLE
OR IN PART, FROM THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  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.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

2015-S3195A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1740
2011-2012: S1791
2013-2014: S641
2017-2018: S5595
2019-2020: S3887
2021-2022: S4217

2015-S3195A (ACTIVE) - Summary

Expands definition of place of public accommodation, resort or amusement in relation to unlawful discriminatory practices.

2015-S3195A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3195A

 TITLE OF BILL :

An act to amend the executive law, in relation to unlawful
discriminatory practices

 PURPOSE OR GENERAL IDEA OF BILL :

To end discrimination because of race, creed, sex, color or national
origin in institutions, clubs or places of accommodation that are
granted licenses or tax exemption from the state or any of its
political subdivisions.

 SUMMARY OF SPECIFIC PROVISIONS :

Subdivision 9 of section 292 of the executive law, as amended by
chapter 89 of the laws of 2015 is amended.

Under existing law "any institution, club or place of accommodation
which is by its nature distinctly private" is excluded from the
definition of "place of public accommodation" under the equality of
opportunity provisions of the Human Rights Law. This bill clarifies
the definition of "distinctly private" so that an institution which
receives tax exemption or licensing from the government, which are
public privileges rather than private rights, may no longer

discriminate on the basis of race, creed, sex, color or national
origin. The basic change is incorporated in subdivision 9 of Section
292. In two places, both in the definition of place of public
accommodation and in the exclusions, the current language is modified.

If this bill is enacted, the jurisdiction of the State Division of
Human Rights will extend to "institutions, clubs or places of
accommodation which are the recipients of any form of abatement or
exemption from taxes, in whole or in part, from the state or any of
its political subdivisions." Similarly, private institutions, clubs or
places of accommodation will be excluded from the provisions of the
Human Rights Law only if they are not the beneficiaries of public
licensing or tax exemption.

 JUSTIFICATION :

While private organizations were always exempt from the jurisdiction
of the Division of Human Rights, it was never the intention of the law
to grant such exclusion to organizations which receive public
benefits.

Court cases have challenged the right of tax exempt fraternal
organizations to practice discrimination in their membership policies.
In addition, organizations which apply for liquor and other licenses
are truly places of public accommodation rather than purely private
facilities.

Even under this proposed legislation, such organizations could
continue to adhere to selective membership policies, provided they do
not seek special privileges from government in the form of licensing
or tax exemption. By enacting this law, the Legislature could sharpen
the lines of distinction between private and public institutions,
clubs or places of accommodation.

 PRIOR LEGISLATIVE HISTORY :

This legislation has been previously introduced.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of September next succeeding
the date on which it shall have become a law.

2015-S3195A (ACTIVE) - Bill Text download pdf

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

                                 3195--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry practices

  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  89  of  the  laws  of  2015, 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04933-02-6

S. 3195--A                          2

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
terminals  thereof;  travel  or  tour  advisory  services,  agencies  or
bureaus; public halls, public rooms, public elevators,  and  any  public
areas  of  any  building  or structure; INSTITUTIONS, CLUBS OR PLACES OF
ACCOMMODATION WHICH ARE LICENSED BY THE STATE OR ANY  OF  ITS  POLITICAL
SUBDIVISIONS,  OR  ARE  THE  RECIPIENTS  OF  ANY  FORM  OF  ABATEMENT OR
EXEMPTION FROM TAXES, IN WHOLE OR IN PART, FROM THE STATE OR ANY OF  ITS
POLITICAL  SUBDIVISIONS.  Such  term  shall  not  include 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
kindergarten,  primary and secondary school, academy, college, universi-
ty, professional school, extension course or other  education  facility,
supported in whole or in part by public funds or by contributions solic-
ited  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 regularly 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 benevo-
lent  orders law but formed under any other law of this state or a reli-
gious corporation incorporated under the education law or the  religious
corporations  law shall be deemed to be in its nature distinctly private
AND IS NOT LICENSED BY THE STATE OR ANY OF  ITS  POLITICAL  SUBDIVISIONS
AND  IS  NOT  THE  RECIPIENT  OF ANY FORM OF ABATEMENT OR EXEMPTION FROM
TAXES, IN WHOLE OR IN PART, FROM THE  STATE  OR  ANY  OF  ITS  POLITICAL
SUBDIVISIONS.
  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. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.

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Senate Bill S3195A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2015-S3195 - Details

2015-S3195 - Summary

2015-S3195 - Sponsor Memo

2015-S3195 - Bill Text download pdf

2015-S3195A (ACTIVE) - Details

2015-S3195A (ACTIVE) - Summary

2015-S3195A (ACTIVE) - Sponsor Memo

2015-S3195A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3195A

Share this bill

Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2015-S3195 - Details

2015-S3195 - Summary

2015-S3195 - Sponsor Memo

2015-S3195 - Bill Text download pdf

2015-S3195A (ACTIVE) - Details

2015-S3195A (ACTIVE) - Summary

2015-S3195A (ACTIVE) - Sponsor Memo

2015-S3195A (ACTIVE) - Bill Text download pdf

Comments