NY State Senate Bill 2009-S1740

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Feb 05, 2009	referred to investigations and government operations

co-Sponsors

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2009-S1740 (ACTIVE) - Details

See Assembly Version of this Bill:: A4497
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1791, A5359
2013-2014: S641, A2507
2015-2016: S3195, A2843
2017-2018: S5595, A3163
2019-2020: S3887, A3971
2021-2022: S4217, A2086

2009-S1740 (ACTIVE) - Summary

Prohibits discrimination because of race, creed, sex, color or national origin in institutions, clubs or places of public accommodation that are granted licenses or tax exemption from the state or any of its political subdivisions; clarifies the definition of "distinctly private" so that an institution which receives tax exemption or licensing from government, which are public privileges rather than private rights, may no longer discriminate on the basis of race, creed, sex, color or national origin.

2009-S1740 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1740

 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, 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.

2009-S1740 (ACTIVE) - Bill Text download pdf

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

                                  1740

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens.  STAVISKY,  ADAMS, DIAZ, HUNTLEY, KRUEGER, PARKER,
  SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Investigations and Government 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.
                                                           LBD04420-01-9

S. 1740                             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.

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Senate Bill S1740

Sponsored By

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

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co-Sponsors

2009-S1740 (ACTIVE) - Details

2009-S1740 (ACTIVE) - Summary

2009-S1740 (ACTIVE) - Sponsor Memo

2009-S1740 (ACTIVE) - Bill Text download pdf

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Sponsored By

Toby Ann Stavisky

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

Actions

co-Sponsors

Eric Adams

Ruben Diaz

Shirley L. Huntley

Liz Krueger

2009-S1740 (ACTIVE) - Details

2009-S1740 (ACTIVE) - Summary

2009-S1740 (ACTIVE) - Sponsor Memo

2009-S1740 (ACTIVE) - Bill Text download pdf

Comments