Text of NY A 10127 (2016)

STATE OF NEW YORK ________________________________________________________________________ 10127 IN ASSEMBLY May 12, 2016 ___________ Introduced by M. of A. MURRAY -- read once and referred to the Committee on Governmental Operations AN ACT to amend the education law and the executive law, in relation to providing for single-sex multiple occupancy bathroom and changing facilities in schools and public bathrooms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1804 of the education law is amended by adding a 2 new subdivision 13 to read as follows: 3 13. a. The board of education shall require every multiple occupancy 4 bathroom or changing facility that is designated for student use to be 5 designated for and used only by students based on their biological sex. 6 For purposes of this subdivision, the following definitions apply: 7 (i) "Biological sex" shall mean the physical condition of being male 8 or female, which is stated on a person's birth certificate. 9 (ii) "Multiple occupancy bathroom or changing facility" shall mean a 10 facility designed or designated to be used by more than one person at a 11 time where students may be in various states of undress in the presence 12 of other persons. A multiple occupancy bathroom or changing facility may 13 include, but is not limited to, a school restroom, locker room, changing 14 room or shower room. 15 (iii) "Single occupancy bathroom or changing facility" shall mean a 16 facility designed or designated to be used by only one person at a time 17 where students may be in various states of undress. A single occupancy 18 bathroom or changing facility may include, but is not limited to, a 19 single stall restroom designated as unisex or for use based on biolog- 20 ical sex. 21 b. Nothing in this subdivision shall prohibit boards of education from 22 providing accommodations such as single occupancy bathroom or changing 23 facilities or controlled use of faculty facilities upon a request due to 24 special circumstances, but in no event shall that accommodation result 25 in the board of education allowing a student to use a multiple occupancy 26 bathroom or changing facility designated under this subdivision for a 27 sex other than the student's biological sex. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14862-02-6 A. 10127 2 1 c. This subdivision does not apply to: 2 (i) persons entering a multiple occupancy bathroom or changing facili- 3 ty designed for use by the opposite sex: 4 A. for custodial purposes; 5 B. for maintenance or inspection purposes; 6 C. to render medical assistance; 7 D. to accompany a student needing assistance when the assisting indi- 8 vidual is an employee or authorized volunteer of the board of education 9 or the student's parent or authorized caregiver; 10 E. to receive assistance in using the facility; 11 F. to accompany a person other than a student needing assistance; or 12 G. that has been temporarily designated for use by that person's 13 biological sex; and 14 (ii) any private sector business or entity. 15 § 2. Section 2503 of the education law is amended by adding a new 16 subdivision 21 to read as follows: 17 21. a. Shall require every multiple occupancy bathroom or changing 18 facility that is designated for student use to be designated for and 19 used only by students based on their biological sex. For purposes of 20 this subdivision, the following definitions apply: 21 (i) "Biological sex" shall mean the physical condition of being male 22 or female, which is stated on a person's birth certificate. 23 (ii) "Multiple occupancy bathroom or changing facility" shall mean a 24 facility designed or designated to be used by more than one person at a 25 time where students may be in various states of undress in the presence 26 of other persons. A multiple occupancy bathroom or changing facility may 27 include, but is not limited to, a school restroom, locker room, changing 28 room or shower room. 29 (iii) "Single occupancy bathroom or changing facility" shall mean a 30 facility designed or designated to be used by only one person at a time 31 where students may be in various states of undress. A single occupancy 32 bathroom or changing facility may include, but is not limited to, a 33 single stall restroom designated as unisex or for use based on biolog- 34 ical sex. 35 b. Nothing in this subdivision shall prohibit boards of education from 36 providing accommodations such as single occupancy bathroom or changing 37 facilities or controlled use of faculty facilities upon a request due to 38 special circumstances, but in no event shall that accommodation result 39 in the board of education allowing a student to use a multiple occupancy 40 bathroom or changing facility designated under this subdivision for a 41 sex other than the student's biological sex. 42 c. This subdivision does not apply to: 43 (i) persons entering a multiple occupancy bathroom or changing facili- 44 ty designed for use by the opposite sex: 45 A. for custodial purposes; 46 B. for maintenance or inspection purposes; 47 C. to render medical assistance; 48 D. to accompany a student needing assistance when the assisting indi- 49 vidual is an employee or authorized volunteer of the board of education 50 or the student's parent or authorized caregiver; 51 E. to receive assistance in using the facility; 52 F. to accompany a person other than a student needing assistance; or 53 G. that has been temporarily designated for use by that person's 54 biological sex; and 55 (ii) any private sector business or entity. A. 10127 3 1 § 3. Section 2554 of the education law is amended by adding a new 2 subdivision 28 to read as follows: 3 28. a. Shall require every multiple occupancy bathroom or changing 4 facility that is designated for student use to be designated for and 5 used only by students based on their biological sex. For purposes of 6 this subdivision, the following definitions apply: 7 (i) "Biological sex" shall mean the physical condition of being male 8 or female, which is stated on a person's birth certificate. 9 (ii) "Multiple occupancy bathroom or changing facility" shall mean a 10 facility designed or designated to be used by more than one person at a 11 time where students may be in various states of undress in the presence 12 of other persons. A multiple occupancy bathroom or changing facility may 13 include, but is not limited to, a school restroom, locker room, changing 14 room or shower room. 15 (iii) "Single occupancy bathroom or changing facility" shall mean a 16 facility designed or designated to be used by only one person at a time 17 where students may be in various states of undress. A single occupancy 18 bathroom or changing facility may include, but is not limited to, a 19 single stall restroom designated as unisex or for use based on biolog- 20 ical sex. 21 b. Nothing in this subdivision shall prohibit boards of education from 22 providing accommodations such as single occupancy bathroom or changing 23 facilities or controlled use of faculty facilities upon request due to 24 special circumstances, but in no event shall that accommodation result 25 in the board of education allowing a student to use a multiple occupancy 26 bathroom or changing facility designated under this subdivision for a 27 sex other than the student's biological sex. 28 c. This subdivision does not apply to: 29 (i) persons entering a multiple occupancy bathroom or changing facili- 30 ty designed for use by the opposite sex: 31 A. for custodial purposes; 32 B. for maintenance or inspection purposes; 33 C. to render medical assistance; 34 D. to accompany a student needing assistance when the assisting indi- 35 vidual is an employee or authorized volunteer of the board of education 36 or the student's parent or authorized caregiver; 37 E. to receive assistance in using the facility; 38 F. to accompany a person other than a student needing assistance; or 39 G. that has been temporarily designated for use by that person's 40 biological sex; and 41 (ii) any private sector business or entity. 42 § 4. The education law is amended by adding a new section 319 to read 43 as follows: 44 § 319. Single-sex multiple occupancy bathroom and changing facilities. 45 1. The board of trustees of the state university of New York and the 46 trustees of the city university of New York are authorized to promulgate 47 rules or policies requiring every state university of New York and city 48 university of New York, including all their constituent units including 49 community colleges, to ensure that multiple occupancy bathrooms or 50 changing facilities that are designated for use, be designated for and 51 used only by persons based on their biological sex. For purposes of 52 this section, the following definitions apply: 53 (a) "Biological sex" shall mean the physical condition of being male 54 or female, which is stated on a person's birth certificate. 55 (b) "Multiple occupancy bathroom or changing facility" shall mean a 56 facility designed or designated to be used by more than one person at a A. 10127 4 1 time where persons may be in various states of undress in the presence 2 of other persons. A multiple occupancy bathroom or changing facility may 3 include, but is not limited to, a restroom, locker room, changing room 4 or shower room. 5 (c) "Single occupancy bathroom or changing facility" shall mean a 6 facility designed or designated to be used by only one person at a time 7 where persons may be in various states of undress. A single occupancy 8 bathroom or changing facility may include, but is not limited to, a 9 single stall restroom designated as unisex or for use based on biolog- 10 ical sex. 11 2. Nothing in this section shall prohibit the board of trustees of the 12 state university of New York and the trustees of the city university of 13 New York from promulgating rules or policies that provide accommodations 14 such as single occupancy bathroom or changing facilities upon a request 15 due to special circumstances, but in no event shall that accommodation 16 result in allowing a person to use a multiple occupancy bathroom or 17 changing facility designated under this section for a sex other than the 18 student's biological sex. 19 3. This section does not apply to: 20 (a) persons entering a multiple occupancy bathroom or changing facili- 21 ty designed for use by the opposite sex: 22 (i) for custodial purposes; 23 (ii) for maintenance or inspection purposes; 24 (iii) to render medical assistance; 25 (iv) to accompany a person needing assistance; 26 (v) for a minor under the age of seven who accompanies a person caring 27 for that minor; or 28 (vi) that has been temporarily designated for use by that person's 29 biological sex; and 30 (b) any private sector business or entity. 31 § 5. The executive law is amended by adding a new section 170-c to 32 read as follows: 33 § 170-c. Single-sex multiple occupancy bathroom and changing facili- 34 ties. 1. For purposes of this section, the following definitions shall 35 apply: 36 (a) "Biological sex" shall mean the physical condition of being male 37 or female, which is stated on a person's birth certificate. 38 (b) "State agency" shall mean any department of the executive, any 39 bureau, commission, agency, board or other agency, any public authority, 40 and the judiciary and the legislature. 41 (c) "Multiple occupancy bathroom or changing facility" shall mean a 42 facility designed or designated to be used by more than one person at a 43 time where persons may be in various states of undress in the presence 44 of other persons. A multiple occupancy bathroom or changing facility may 45 include, but is not limited to, a school restroom, locker room, changing 46 room or shower room. 47 (d) "Single occupancy bathroom or changing facility" shall mean a 48 facility designed or designated to be used by only one person at a time 49 where persons may be in various states of undress. A single occupancy 50 bathroom or changing facility may include, but is not limited to, a 51 single stall restroom designated as unisex or for use based on biolog- 52 ical sex. 53 2. State agencies shall require every multiple occupancy bathroom or 54 changing facility to be designated for and only used by persons based on 55 their biological sex. A. 10127 5 1 3. Nothing in this section shall prohibit state agencies from provid- 2 ing accommodations such as single occupancy bathroom or changing facili- 3 ties upon a person's request due to a special circumstance, but in no 4 event shall that accommodation result in the state agency allowing a 5 person to use a multiple occupancy bathroom or changing facility desig- 6 nated under this section for a sex other than the person's biological 7 sex. 8 4. This section does not apply to: 9 (a) persons entering a multiple occupancy bathroom or changing facili- 10 ty designed for use by the opposite sex: 11 (i) for custodial purposes; 12 (ii) for maintenance or inspection purposes; 13 (iii) to render medical assistance; 14 (iv) to accompany a person needing assistance; 15 (v) for a minor under the age of seven who accompanies a person caring 16 for that minor; or 17 (vi) that has been temporarily designated for use by that person's 18 biological sex; and 19 (b) any private sector business or entity. 20 § 6. This act shall take effect on the ninetieth day after it shall 21 have become a law.