Text of NV SB 331 (2011)

S.B. 331 - *SB331* SENATE BILL NO. 331–SENATORS LESLIE AND PARKS MARCH 21, 2011 ____________ JOINT SPONSOR: ASSEMBLYMAN AIZLEY ____________ Referred to Committee on Commerce, Labor and Energy SUMMARY—Revises provisions relating to unlawful discrimination in places of public accommodation. (BDR 54-799) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public accommodations; revising provisions relating to unlawful discrimination based on sex and gender identity or expression in places of public accommodation; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Nevada has declared as its public policy the right of all people to have access to 1 places of public accommodation without discrimination based on race, religious 2 creed, color, age, sex, disability, sexual orientation, national origin or ancestry, and 3 section 4 of this bill extends that public policy to discrimination based on gender 4 identity or expression. Existing law provides that all persons have the right to full 5 and equal enjoyment of the goods, services, facilities, privileges, advantages and 6 accommodations of any place of public accommodation without discrimination or 7 segregation based on race, color, religion, national origin, disability or sexual 8 orientation. (NRS 651.070) Section 2 of this bill provides the same protection from 9 discrimination or segregation based on sex or gender identity or expression in 10 places of public accommodation. A person who withholds, denies or deprives any 11 other person of this right, intimidates, threatens or coerces any other person for the 12 purpose of interfering with this right or punishes any other person for exercising 13 this right is guilty of a misdemeanor. (NRS 651.080) 14 Existing law authorizes the Nevada Equal Rights Commission to investigate 15 practices of discrimination in places of public accommodation and authorizes a 16 person who believes he or she has been discriminated against based on race, color, 17 – 2 – - *SB331* religion, national origin, disability or sexual orientation to file a complaint with the 18 Commission. (NRS 233.150, 651.110) Section 6 of this bill authorizes the 19 Commission additionally to investigate practices of discrimination based on gender 20 identity or expression. Section 3 of this bill authorizes a person who believes he or 21 she has been discriminated against based on sex or gender identity or expression to 22 file a complaint with the Commission. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 651.050 is hereby amended to read as follows: 1 651.050 As used in NRS 651.050 to 651.110, inclusive, unless 2 the context otherwise requires: 3 1. “Disability” means, with respect to a person: 4 (a) A physical or mental impairment that substantially limits one 5 or more of the major life activities of the person; 6 (b) A record of such an impairment; or 7 (c) Being regarded as having such an impairment. 8 2. “Gender identity or expression” means a gender-related 9 identity, appearance, expression or behavior of a person, 10 regardless of the person’s assigned sex at birth. 11 3. “Place of public accommodation” means: 12 (a) Any inn, hotel, motel or other establishment which provides 13 lodging to transient guests, except an establishment located within a 14 building which contains not more than five rooms for rent or hire 15 and which is actually occupied by the proprietor of the 16 establishment as the proprietor’s residence; 17 (b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, 18 soda fountain, casino or any other facility where food or spirituous 19 or malt liquors are sold, including any such facility located on the 20 premises of any retail establishment; 21 (c) Any gasoline station; 22 (d) Any motion picture house, theater, concert hall, sports arena 23 or other place of exhibition or entertainment; 24 (e) Any auditorium, convention center, lecture hall, stadium or 25 other place of public gathering; 26 (f) Any bakery, grocery store, clothing store, hardware store, 27 shopping center or other sales or rental establishment; 28 (g) Any laundromat, dry cleaner, bank, barber shop, beauty 29 shop, travel service, shoe repair service, funeral parlor, office of an 30 accountant or lawyer, pharmacy, insurance office, office of a 31 provider of health care, hospital or other service establishment; 32 (h) Any terminal, depot or other station used for specified public 33 transportation; 34 – 3 – - *SB331* (i) Any museum, library, gallery or other place of public display 1 or collection; 2 (j) Any park, zoo, amusement park or other place of recreation; 3 (k) Any nursery, private school or university or other place of 4 education; 5 (l) Any day care center, senior citizen center, homeless shelter, 6 food bank, adoption agency or other social service establishment; 7 (m) Any gymnasium, health spa, bowling alley, golf course or 8 other place of exercise or recreation; 9 (n) Any other establishment or place to which the public is 10 invited or which is intended for public use; and 11 (o) Any establishment physically containing or contained within 12 any of the establishments described in paragraphs (a) to (n), 13 inclusive, which holds itself out as serving patrons of the described 14 establishment. 15 [3.] 4. “Sexual orientation” means having or being perceived 16 as having an orientation for heterosexuality, homosexuality or 17 bisexuality. 18 Sec. 2. NRS 651.070 is hereby amended to read as follows: 19 651.070 All persons are entitled to the full and equal 20 enjoyment of the goods, services, facilities, privileges, advantages 21 and accommodations of any place of public accommodation, 22 without discrimination or segregation on the ground of race, color, 23 religion, national origin, disability , [or] sexual orientation [.] , sex, 24 gender identity or expression. 25 Sec. 3. NRS 651.110 is hereby amended to read as follows: 26 651.110 Any person who believes he or she has been denied 27 full and equal enjoyment of the goods, services, facilities, privileges, 28 advantages and accommodations of any place of public 29 accommodation because of discrimination or segregation based on 30 race, color, religion, national origin, disability , [or] sexual 31 orientation , sex, gender identity or expression may file a complaint 32 to that effect with the Nevada Equal Rights Commission. 33 Sec. 4. NRS 233.010 is hereby amended to read as follows: 34 233.010 1. It is hereby declared to be the public policy of the 35 State of Nevada to protect the welfare, prosperity, health and peace 36 of all the people of the State, and to foster the right of all persons 37 reasonably to seek, obtain and hold employment and housing 38 accommodations without discrimination, distinction or restriction 39 because of race, religious creed, color, age, sex, disability, national 40 origin or ancestry. 41 2. It is hereby declared to be the public policy of the State of 42 Nevada to protect the welfare, prosperity, health and peace of all the 43 people of the State, and to foster the right of all persons reasonably 44 to seek and be granted services in places of public accommodation 45 – 4 – - *SB331* without discrimination, distinction or restriction because of race, 1 religious creed, color, age, sex, disability, sexual orientation, 2 national origin , [or] ancestry [.] , gender identity or expression. 3 3. It is recognized that the people of this State should be 4 afforded full and accurate information concerning actual and alleged 5 practices of discrimination and acts of prejudice, and that such 6 information may provide the basis for formulating statutory 7 remedies of equal protection and opportunity for all citizens in this 8 State. 9 Sec. 5. NRS 233.020 is hereby amended to read as follows: 10 233.020 As used in this chapter: 11 1. “Administrator” means the Administrator of the 12 Commission. 13 2. “Commission” means the Nevada Equal Rights Commission 14 within the Department of Employment, Training and Rehabilitation. 15 3. “Disability” means, with respect to a person: 16 (a) A physical or mental impairment that substantially limits one 17 or more of the major life activities of the person; 18 (b) A record of such an impairment; or 19 (c) Being regarded as having such an impairment. 20 4. “Gender identity or expression” means a gender-related 21 identity, appearance, expression or behavior of a person, 22 regardless of the person’s assigned sex at birth. 23 5. “Member” means a member of the Nevada Equal Rights 24 Commission. 25 [5.] 6. “Sexual orientation” means having or being perceived 26 as having an orientation for heterosexuality, homosexuality or 27 bisexuality. 28 Sec. 6. NRS 233.150 is hereby amended to read as follows: 29 233.150 The Commission may: 30 1. Order its Administrator to: 31 (a) With regard to public accommodation, investigate tensions, 32 practices of discrimination and acts of prejudice against any person 33 or group because of race, color, creed, sex, age, disability, sexual 34 orientation, national origin , [or] ancestry, gender identity or 35 expression and may conduct hearings with regard thereto. 36 (b) With regard to employment and housing, investigate 37 tensions, practices of discrimination and acts of prejudice against 38 any person or group because of race, color, creed, sex, age, 39 disability, national origin or ancestry, and may conduct hearings 40 with regard thereto. 41 2. Mediate between or reconcile the persons or groups involved 42 in those tensions, practices and acts. 43 – 5 – - *SB331* 3. Issue subpoenas for the attendance of witnesses or for the 1 production of documents or tangible evidence relevant to any 2 investigations or hearings conducted by the Commission. 3 4. Delegate its power to hold hearings and issue subpoenas to 4 any of its members or any hearing officer in its employ. 5 5. Adopt reasonable regulations necessary for the Commission 6 to carry out the functions assigned to it by law. 7 H

- Senate Bill No. 331–Senators Leslie and Parks Joint Sponsor: Assemblyman Aizley CHAPTER.......... AN ACT relating to public accommodations; revising provisions relating to unlawful discrimination based on sex and gender identity or expression in places of public accommodation; providing that certain promotions or marketing of places of public accommodation are not unlawful or grounds for a civil action; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Nevada has declared as its public policy the right of all people to have access to places of public accommodation without discrimination based on race, religious creed, color, age, sex, disability, sexual orientation, national origin or ancestry, and section 6 of this bill extends that public policy to discrimination based on gender identity or expression. Existing law provides that all persons have the right to full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation without discrimination or segregation based on race, color, religion, national origin, disability or sexual orientation. (NRS 651.070) Section 3 of this bill provides the same protection from discrimination or segregation based on sex or gender identity or expression in places of public accommodation. A person who withholds, denies or deprives any other person of this right, intimidates, threatens or coerces any other person for the purpose of interfering with this right or punishes any other person for exercising this right is guilty of a misdemeanor. (NRS 651.080) Section 1 of this bill provides that it is not unlawful or a ground for a civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation. Existing law authorizes the Nevada Equal Rights Commission to investigate practices of discrimination in places of public accommodation and authorizes a person who believes he or she has been discriminated against based on race, color, religion, national origin, disability or sexual orientation to file a complaint with the Commission. (NRS 233.150, 651.110) Section 8 of this bill authorizes the Commission additionally to investigate practices of discrimination based on gender identity or expression. Section 4 of this bill authorizes a person who believes he or she has been discriminated against based on sex or gender identity or expression to file a complaint with the Commission. Section 5 of this bill provides that it is not an unlawful discriminatory practice in public accommodations for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. – 2 – - THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 651 of NRS is hereby amended by adding thereto a new section to read as follows: 1. Notwithstanding any provision of NRS 651.050 to 651.110, inclusive, it is not unlawful and is not a ground for a civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation. 2. As used in this section, “place of public accommodation” has the meaning ascribed to it in NRS 651.050. Sec. 2. NRS 651.050 is hereby amended to read as follows: 651.050 As used in NRS 651.050 to 651.110, inclusive, unless the context otherwise requires: 1. “Disability” means, with respect to a person: (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person; (b) A record of such an impairment; or (c) Being regarded as having such an impairment. 2. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. 3. “Place of public accommodation” means: (a) Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as the proprietor’s residence; (b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino or any other facility where food or spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment; (c) Any gasoline station; (d) Any motion picture house, theater, concert hall, sports arena or other place of exhibition or entertainment; (e) Any auditorium, convention center, lecture hall, stadium or other place of public gathering; (f) Any bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment; (g) Any laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, office of a provider of health care, hospital or other service establishment; – 3 – - (h) Any terminal, depot or other station used for specified public transportation; (i) Any museum, library, gallery or other place of public display or collection; (j) Any park, zoo, amusement park or other place of recreation; (k) Any nursery, private school or university or other place of education; (l) Any day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service establishment; (m) Any gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation; (n) Any other establishment or place to which the public is invited or which is intended for public use; and (o) Any establishment physically containing or contained within any of the establishments described in paragraphs (a) to (n), inclusive, which holds itself out as serving patrons of the described establishment. [3.] 4. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 3. NRS 651.070 is hereby amended to read as follows: 651.070 All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability , [or] sexual orientation [.] , sex, gender identity or expression. Sec. 4. NRS 651.110 is hereby amended to read as follows: 651.110 Any person who believes he or she has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin, disability , [or] sexual orientation , sex, gender identity or expression may file a complaint to that effect with the Nevada Equal Rights Commission. Sec. 5. Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows: Notwithstanding any provision of this chapter, it is not an unlawful discriminatory practice in public accommodations for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation. – 4 – - Sec. 6. NRS 233.010 is hereby amended to read as follows: 233.010 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry. 2. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin , [or] ancestry [.] , gender identity or expression. 3. It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State. Sec. 7. NRS 233.020 is hereby amended to read as follows: 233.020 As used in this chapter: 1. “Administrator” means the Administrator of the Commission. 2. “Commission” means the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation. 3. “Disability” means, with respect to a person: (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person; (b) A record of such an impairment; or (c) Being regarded as having such an impairment. 4. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. 5. “Member” means a member of the Nevada Equal Rights Commission. [5.] 6. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 8. NRS 233.150 is hereby amended to read as follows: 233.150 The Commission may: 1. Order its Administrator to: – 5 – - (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin , [or] ancestry, gender identity or expression and may conduct hearings with regard thereto. (b) With regard to employment and housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto. 2. Mediate between or reconcile the persons or groups involved in those tensions, practices and acts. 3. Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission. 4. Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ. 5. Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law. 20 ~~~~~ 11