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

                                  2070

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  TITUS, WEPRIN, CASTRO --
  Multi-Sponsored by -- M. of A.  GLICK,  GOTTFRIED  --  read  once  and
  referred to the Committee on Governmental Operations

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

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

                                                           LBD05065-01-3

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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  [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;

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  (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
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.

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  (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;
  (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.