NY State Senate Bill 2019-S3887A

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations returned to senate died in assembly
Jun 19, 2019	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1765 committee discharged and committed to rules
Jun 15, 2019	print number 3887a
Jun 15, 2019	amend and recommit to investigations and government operations
Feb 20, 2019	referred to investigations and government operations

Votes

- Jun 19, 2019 - Floor Vote
  S3887A
  
  43
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Serino
      
      Tedisco
  Jun 19, 2019 - Rules Committee Vote
  S3887A
  
  16
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (16)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      nay (2)
      
      Flanagan
      
      Griffo
      
      aye wr (1)
      
      Little

Bill Amendments

Original

A (Active)

2019-S3887 - Details

See Assembly Version of this Bill:: A3971
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, A4497
2011-2012: S1791, A5359
2013-2014: S641, A2507
2015-2016: S3195, A2843
2017-2018: S5595, A3163
2021-2022: S4217, A2086

2019-S3887 - Summary

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

2019-S3887 - Sponsor Memo

                                
 
BILL NUMBER: S3887

SPONSOR: STAVISKY
 
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 grant-
ed licenses or tax exemption from the state  or  any  of  its  political
subdivisions.

 
SUMMARY OF SPECIFIC PROVISIONS:

This  bill  amends  section  292  of  the  Executive Law, the definition
section of the state's Human Rights Law. Under existing law "any  insti-
tution, club or place of accommodation which is by its nature distinctly
private"  is  excluded  from the definition of "place of public accommo-
dation" 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."  Similar-
ly,  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.
Recent 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  facili-
ties.  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:

2018: S 5595 - referred to Investigations and Government Operations

 
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.

2019-S3887 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3887
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 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 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,
 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.

                                                            LBD08077-01-9

 S. 3887                             2
 
 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.
   §  2.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.

2019-S3887A (ACTIVE) - Details

See Assembly Version of this Bill:: A3971
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, A4497
2011-2012: S1791, A5359
2013-2014: S641, A2507
2015-2016: S3195, A2843
2017-2018: S5595, A3163
2021-2022: S4217, A2086

2019-S3887A (ACTIVE) - Summary

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

2019-S3887A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3887A

SPONSOR: STAVISKY
 
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 grant-
ed licenses or tax exemption from the state  or  any  of  its  political
subdivisions.

 
SUMMARY OF SPECIFIC PROVISIONS:

This  bill  amends  section  292  of  the  Executive Law, the definition
section of the state's Human Rights Law. Under existing law "any  insti-
tution, club or place of accommodation which is by its nature distinctly
private"  is  excluded  from the definition of "place of public accommo-
dation" under the equality of opportunity provisions of the Human Rights
Law. This bill clarifies the definition of "distinctly private" so  that

Any non-religious 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 any  protected  class
status.

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." Similar-
ly, 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.
Recent  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 facili-
ties. 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:

2018: S 5595 - referred to Investigations and Government Operations

 
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.

2019-S3887A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3887--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  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,
 resort camps, fairs, bowling alleys, golf courses, gymnasiums,  shooting
 galleries,  billiard  and  pool parlors; garages, all public conveyances

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

                                                            LBD08077-02-9

 S. 3887--A                          2
 
 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 AND THAT 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,
 or a religious corporation incorporated under the education law  or  the
 religious corporations law shall be deemed to be in its nature distinct-
 ly 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.
   § 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 S3887A

Sponsored By

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

Jun 19, 2019 - Floor Vote

Floor Vote: Jun 19, 2019

Jun 19, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2019

Bill Amendments

2019-S3887 - Details

2019-S3887 - Summary

2019-S3887 - Sponsor Memo

2019-S3887 - Bill Text download pdf

2019-S3887A (ACTIVE) - Details

2019-S3887A (ACTIVE) - Summary

2019-S3887A (ACTIVE) - Sponsor Memo

2019-S3887A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3887A

Share this bill

Sponsored By

Toby Ann Stavisky

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

Bill Amendments

2019-S3887 - Details

2019-S3887 - Summary

2019-S3887 - Sponsor Memo

2019-S3887 - Bill Text download pdf

2019-S3887A (ACTIVE) - Details

2019-S3887A (ACTIVE) - Summary

2019-S3887A (ACTIVE) - Sponsor Memo

2019-S3887A (ACTIVE) - Bill Text download pdf

Comments