What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expands definition of place of public accommodation
In Assembly Committee · Governmental Operations · Sponsor Jeffrion Aubry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.