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A00136 Summary:

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A00136 Committee Votes:

A00136 Floor Votes:

A00136 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         136--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced by M. of A. PAULIN, DINOWITZ, TITUS, WEPRIN, JAFFEE, PERRY --
          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:
 
     1    Section 1. Subdivision 9 of section  292  of  the  executive  law,  as
     2  amended  by  chapter  262  of  the  laws  of 1994, is amended to read as
     3  follows:
     4    9. The term "place of public accommodation, resort or amusement" shall
     5  include, regardless of whether the owner or operator of such place is  a
     6  state  or  local  government  entity  or a private individual or entity,
     7  except as hereinafter specified, all places included in the  meaning  of
     8  such  terms  as:  inns,  taverns,  road  houses, hotels, motels, whether
     9  conducted for the entertainment of transient guests or for the  accommo-
    10  dation  of  those seeking health, recreation or rest, or restaurants, or
    11  eating houses, or any place where food is sold for  consumption  on  the
    12  premises;  buffets,  saloons,  barrooms, or any store, park or enclosure
    13  where spirituous or malt liquors are sold; ice  cream  parlors,  confec-
    14  tionaries, soda fountains, and all stores where ice cream, ice and fruit
    15  preparations  or  their  derivatives, or where beverages of any kind are
    16  retailed for consumption on the premises; wholesale  and  retail  stores
    17  and  establishments  dealing with goods or services of any kind, dispen-
    18  saries, clinics, hospitals, bath-houses, swimming pools,  laundries  and
    19  all  other  cleaning establishments, barber shops, beauty parlors, thea-
    20  tres, motion picture houses, airdromes, roof gardens, music halls,  race
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00893-02-5
        A. 136--A                           2
 
     1  courses,  skating  rinks, amusement and recreation parks, trailer camps,
     2  resort camps, fairs, bowling alleys, golf courses, gymnasiums,  shooting
     3  galleries,  billiard  and  pool parlors; garages, all public conveyances
     4  operated  on  land  or  water or in the air, as well as the stations and
     5  terminals  thereof;  travel  or  tour  advisory  services,  agencies  or
     6  bureaus;  public  halls  [and],  public rooms, public elevators, and any
     7  public areas of [buildings  and  structures  occupied  by  two  or  more
     8  tenants, or by the owner and one or more tenants] any building or struc-
     9  ture.    Such  term shall not include [public libraries,] kindergartens,
    10  primary and secondary schools, high  schools,  academies,  colleges  and
    11  universities,  extension courses, and all educational institutions under
    12  the supervision of the regents of  the  state  of  New  York;  any  such
    13  [public  library,]  kindergarten, primary and secondary school, academy,
    14  college, university, professional  school,  extension  course  or  other
    15  education  facility, supported in whole or in part by public funds or by
    16  contributions solicited from the general  public;  or  any  institution,
    17  club  or  place  of  accommodation which proves that it is in its nature
    18  distinctly private. In no event shall an institution, club or  place  of
    19  accommodation  be  considered in its nature distinctly private if it has
    20  more than one hundred members, provides regular meal service  and  regu-
    21  larly  receives  payment  for  dues,  fees,  use  of  space, facilities,
    22  services, meals or beverages directly or indirectly from or on behalf of
    23  a nonmember for the furtherance of trade or  business.  An  institution,
    24  club,  or  place of accommodation which is not deemed distinctly private
    25  pursuant to this  subdivision  may  nevertheless  apply  such  selective
    26  criteria  as  it  chooses  in  the  use of its facilities, in evaluating
    27  applicants for membership and in the conduct of its activities, so  long
    28  as  such  selective  criteria do not constitute discriminatory practices
    29  under this article or any other provision of law. For  the  purposes  of
    30  this section, a corporation incorporated under the benevolent orders law
    31  or described in the benevolent orders law but formed under any other law
    32  of  this  state or a religious corporation incorporated under the educa-
    33  tion law or the religious corporations law shall be deemed to be in  its
    34  nature distinctly private.
    35    No  institution,  club,  organization  or place of accommodation which
    36  sponsors or conducts any amateur athletic contest or sparring exhibition
    37  and advertises or bills such contest or exhibition as a New  York  state
    38  championship contest or uses the words "New York state" in its announce-
    39  ments  shall  be  deemed a private exhibition within the meaning of this
    40  section.
    41    § 2. Paragraph (c) of subdivision 2 of section 296  of  the  executive
    42  law,  as added by chapter 394 of the laws of 2007, is amended to read as
    43  follows:
    44    (c) For the purposes of paragraph (a) of this subdivision,  "discrimi-
    45  natory practice" includes:
    46    (i) a refusal to make reasonable modifications in policies, practices,
    47  or  procedures,  when such modifications are necessary to afford facili-
    48  ties, privileges, advantages or accommodations to individuals with disa-
    49  bilities, unless such person can demonstrate that making such  modifica-
    50  tions   would   fundamentally  alter  the  nature  of  such  facilities,
    51  privileges, advantages or accommodations;
    52    (ii) a refusal to take such steps as may be necessary to  ensure  that
    53  no  individual  with a disability is excluded or denied services because
    54  of the absence of auxiliary aids and services, unless  such  person  can
    55  demonstrate  that taking such steps would fundamentally alter the nature
        A. 136--A                           3
 
     1  of the facility, privilege, advantage or accommodation being offered  or
     2  would result in an undue burden;
     3    (iii)  a  refusal  to remove architectural barriers, and communication
     4  barriers that are structural in  nature,  in  existing  facilities,  and
     5  transportation  barriers  in  existing  vehicles and rail passenger cars
     6  used by an establishment for  transporting  individuals  (not  including
     7  barriers  that  can only be removed through the retrofitting of vehicles
     8  or rail passenger cars by the  installation  of  a  hydraulic  or  other
     9  lift), where such removal is readily achievable; [and]
    10    (iv)  where  such  person  is  a  local  or state government entity, a
    11  refusal to remove architectural  barriers,  and  communication  barriers
    12  that  are  structural in nature, in existing facilities, and transporta-
    13  tion barriers in existing vehicles and rail passenger cars  used  by  an
    14  establishment  for transporting individuals (not including barriers that
    15  can only be removed through the retrofitting of vehicles or rail passen-
    16  ger cars by the installation of a hydraulic or other lift),  where  such
    17  removal  does  not  constitute  an  undue burden; except as set forth in
    18  paragraph (e) of this subdivision; nothing in this section would require
    19  a public entity to: necessarily make each  of  its  existing  facilities
    20  accessible  to  and  usable  by  individuals with disabilities; take any
    21  action that would threaten or destroy the historical significance of  an
    22  historic  property; or to make structural changes in existing facilities
    23  where other methods are effective  in  achieving  compliance  with  this
    24  section; and
    25    (v)  where  such  person can demonstrate that the removal of a barrier
    26  under subparagraph (iii) of this paragraph is not readily achievable,  a
    27  failure  to  make  such  facilities,  privileges, advantages or accommo-
    28  dations available through alternative methods if such methods are readi-
    29  ly achievable.
    30    § 3. This act shall take effect on the one hundred twentieth day after
    31  it shall have become a law.