Text of NY A 5422 (2018)

STATE OF NEW YORK ________________________________________________________________________ 5422 2017-2018 Regular Sessions IN ASSEMBLY February 8, 2017 ___________ 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09758-01-7 A. 5422 2 1 in the board of education allowing a student to use a multiple occupancy 2 bathroom or changing facility designated under this subdivision for a 3 sex other than the student's biological sex. 4 c. This subdivision does not apply to: 5 (i) persons entering a multiple occupancy bathroom or changing facili- 6 ty designed for use by the opposite sex: 7 A. for custodial purposes; 8 B. for maintenance or inspection purposes; 9 C. to render medical assistance; 10 D. to accompany a student needing assistance when the assisting indi- 11 vidual is an employee or authorized volunteer of the board of education 12 or the student's parent or authorized caregiver; 13 E. to receive assistance in using the facility; 14 F. to accompany a person other than a student needing assistance; or 15 G. that has been temporarily designated for use by that person's 16 biological sex; and 17 (ii) any private sector business or entity. 18 § 2. Section 2503 of the education law is amended by adding a new 19 subdivision 21 to read as follows: 20 21. a. Shall require every multiple occupancy bathroom or changing 21 facility that is designated for student use to be designated for and 22 used only by students based on their biological sex. For purposes of 23 this subdivision, the following definitions apply: 24 (i) "Biological sex" shall mean the physical condition of being male 25 or female, which is stated on a person's birth certificate. 26 (ii) "Multiple occupancy bathroom or changing facility" shall mean a 27 facility designed or designated to be used by more than one person at a 28 time where students may be in various states of undress in the presence 29 of other persons. A multiple occupancy bathroom or changing facility may 30 include, but is not limited to, a school restroom, locker room, changing 31 room or shower room. 32 (iii) "Single occupancy bathroom or changing facility" shall mean a 33 facility designed or designated to be used by only one person at a time 34 where students may be in various states of undress. A single occupancy 35 bathroom or changing facility may include, but is not limited to, a 36 single stall restroom designated as unisex or for use based on biolog- 37 ical sex. 38 b. Nothing in this subdivision shall prohibit boards of education from 39 providing accommodations such as single occupancy bathroom or changing 40 facilities or controlled use of faculty facilities upon a request due to 41 special circumstances, but in no event shall that accommodation result 42 in the board of education allowing a student to use a multiple occupancy 43 bathroom or changing facility designated under this subdivision for a 44 sex other than the student's biological sex. 45 c. This subdivision does not apply to: 46 (i) persons entering a multiple occupancy bathroom or changing facili- 47 ty designed for use by the opposite sex: 48 A. for custodial purposes; 49 B. for maintenance or inspection purposes; 50 C. to render medical assistance; 51 D. to accompany a student needing assistance when the assisting indi- 52 vidual is an employee or authorized volunteer of the board of education 53 or the student's parent or authorized caregiver; 54 E. to receive assistance in using the facility; 55 F. to accompany a person other than a student needing assistance; or A. 5422 3 1 G. that has been temporarily designated for use by that person's 2 biological sex; and 3 (ii) any private sector business or entity. 4 § 3. Section 2554 of the education law is amended by adding a new 5 subdivision 28 to read as follows: 6 28. a. Shall require every multiple occupancy bathroom or changing 7 facility that is designated for student use to be designated for and 8 used only by students based on their biological sex. For purposes of 9 this subdivision, the following definitions apply: 10 (i) "Biological sex" shall mean the physical condition of being male 11 or female, which is stated on a person's birth certificate. 12 (ii) "Multiple occupancy bathroom or changing facility" shall mean a 13 facility designed or designated to be used by more than one person at a 14 time where students may be in various states of undress in the presence 15 of other persons. A multiple occupancy bathroom or changing facility may 16 include, but is not limited to, a school restroom, locker room, changing 17 room or shower room. 18 (iii) "Single occupancy bathroom or changing facility" shall mean a 19 facility designed or designated to be used by only one person at a time 20 where students may be in various states of undress. A single occupancy 21 bathroom or changing facility may include, but is not limited to, a 22 single stall restroom designated as unisex or for use based on biolog- 23 ical sex. 24 b. Nothing in this subdivision shall prohibit boards of education from 25 providing accommodations such as single occupancy bathroom or changing 26 facilities or controlled use of faculty facilities upon request due to 27 special circumstances, but in no event shall that accommodation result 28 in the board of education allowing a student to use a multiple occupancy 29 bathroom or changing facility designated under this subdivision for a 30 sex other than the student's biological sex. 31 c. This subdivision does not apply to: 32 (i) persons entering a multiple occupancy bathroom or changing facili- 33 ty designed for use by the opposite sex: 34 A. for custodial purposes; 35 B. for maintenance or inspection purposes; 36 C. to render medical assistance; 37 D. to accompany a student needing assistance when the assisting indi- 38 vidual is an employee or authorized volunteer of the board of education 39 or the student's parent or authorized caregiver; 40 E. to receive assistance in using the facility; 41 F. to accompany a person other than a student needing assistance; or 42 G. that has been temporarily designated for use by that person's 43 biological sex; and 44 (ii) any private sector business or entity. 45 § 4. The education law is amended by adding a new section 319 to read 46 as follows: 47 § 319. Single-sex multiple occupancy bathroom and changing facilities. 48 1. The board of trustees of the state university of New York and the 49 trustees of the city university of New York are authorized to promulgate 50 rules or policies requiring every state university of New York and city 51 university of New York, including all their constituent units including 52 community colleges, to ensure that multiple occupancy bathrooms or 53 changing facilities that are designated for use, be designated for and 54 used only by persons based on their biological sex. For purposes of 55 this section, the following definitions apply: A. 5422 4 1 (a) "Biological sex" shall mean the physical condition of being male 2 or female, which is stated on a person's birth certificate. 3 (b) "Multiple occupancy bathroom or changing facility" shall mean a 4 facility designed or designated to be used by more than one person at a 5 time where persons may be in various states of undress in the presence 6 of other persons. A multiple occupancy bathroom or changing facility may 7 include, but is not limited to, a restroom, locker room, changing room 8 or shower room. 9 (c) "Single occupancy bathroom or changing facility" shall mean a 10 facility designed or designated to be used by only one person at a time 11 where persons may be in various states of undress. A single occupancy 12 bathroom or changing facility may include, but is not limited to, a 13 single stall restroom designated as unisex or for use based on biolog- 14 ical sex. 15 2. Nothing in this section shall prohibit the board of trustees of the 16 state university of New York and the trustees of the city university of 17 New York from promulgating rules or policies that provide accommodations 18 such as single occupancy bathroom or changing facilities upon a request 19 due to special circumstances, but in no event shall that accommodation 20 result in allowing a person to use a multiple occupancy bathroom or 21 changing facility designated under this section for a sex other than the 22 student's biological sex. 23 3. This section does not apply to: 24 (a) persons entering a multiple occupancy bathroom or changing facili- 25 ty designed for use by the opposite sex: 26 (i) for custodial purposes; 27 (ii) for maintenance or inspection purposes; 28 (iii) to render medical assistance; 29 (iv) to accompany a person needing assistance; 30 (v) for a minor under the age of seven who accompanies a person caring 31 for that minor; or 32 (vi) that has been temporarily designated for use by that person's 33 biological sex; and 34 (b) any private sector business or entity. 35 § 5. The executive law is amended by adding a new section 170-c to 36 read as follows: 37 § 170-c. Single-sex multiple occupancy bathroom and changing facili- 38 ties. 1. For purposes of this section, the following definitions shall 39 apply: 40 (a) "Biological sex" shall mean the physical condition of being male 41 or female, which is stated on a person's birth certificate. 42 (b) "State agency" shall mean any department of the executive, any 43 bureau, commission, agency, board or other agency, any public authority, 44 and the judiciary and the legislature. 45 (c) "Multiple occupancy bathroom or changing facility" shall mean a 46 facility designed or designated to be used by more than one person at a 47 time where persons may be in various states of undress in the presence 48 of other persons. A multiple occupancy bathroom or changing facility may 49 include, but is not limited to, a school restroom, locker room, changing 50 room or shower room. 51 (d) "Single occupancy bathroom or changing facility" shall mean a 52 facility designed or designated to be used by only one person at a time 53 where persons may be in various states of undress. A single occupancy 54 bathroom or changing facility may include, but is not limited to, a 55 single stall restroom designated as unisex or for use based on biolog- 56 ical sex. A. 5422 5 1 2. State agencies shall require every multiple occupancy bathroom or 2 changing facility to be designated for and only used by persons based on 3 their biological sex. 4 3. Nothing in this section shall prohibit state agencies from provid- 5 ing accommodations such as single occupancy bathroom or changing facili- 6 ties upon a person's request due to a special circumstance, but in no 7 event shall that accommodation result in the state agency allowing a 8 person to use a multiple occupancy bathroom or changing facility desig- 9 nated under this section for a sex other than the person's biological 10 sex. 11 4. This section does not apply to: 12 (a) persons entering a multiple occupancy bathroom or changing facili- 13 ty designed for use by the opposite sex: 14 (i) for custodial purposes; 15 (ii) for maintenance or inspection purposes; 16 (iii) to render medical assistance; 17 (iv) to accompany a person needing assistance; 18 (v) for a minor under the age of seven who accompanies a person caring 19 for that minor; or 20 (vi) that has been temporarily designated for use by that person's 21 biological sex; and 22 (b) any private sector business or entity. 23 § 6. This act shall take effect on the ninetieth day after it shall 24 have become a law.