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A05422 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: 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 PURPOSE: The purpose of this bill is to ensure that people are using public facilities that fit their anatomical makeup. SUMMARY OF PROVISIONS: Section 1 of this bill amends section 1804 of the education law is amended by adding a new subdivision 13 to read as follows: The board of education shall require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex. For purposes of this subdivision, the following definitions apply: (i) "Biological sex" shall mean the physical condition of being male or female, which is stated on a person's birth certificate. (ii) "Multiple occupancy bathroom or changing facility" shall mean a facility designed or designated to be used by more than one person at a time where students may be in various states of undress in the presence of other persons. A multiple occupancy bathroom or changing facility may include, but is not limited to, a school restroom, locker room, changing room or shower room. (iii) "Single occupancy bathroom or changing facility" shall mean a facility designed or designated to be used by only one person at a time where students may be in various states of undress. A single occupancy bathroom or changing facility may include, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex. b. Nothing in this subdivision shall prohibit boards of education from providing accommodations such as single occu- pancy bathroom or changing facilities or controlled use of faculty facilities upon a request due to special circumstances, but in no event shall that accommodation result in the board of education allowing a student to use a multiple occupancy bathroom or changing facility desig- nated under this subdivision for a sex other than the student's biolog- ical sex. This subdivision does not apply to: (i) persons entering a multiple occupancy bathroom or changing facility designed for use by the opposite sex: A. for custodial purposes; B. for maintenance or inspection purposes; C. to render medical assistance; D. to accompany a student needing assistance when the assisting individual is an employee or authorized volunteer of the board of education or the student's parent or authorized caregiver; E. to receive assistance in using the facility; F. to accompany a person other than a student needing assist- ance; or G. that has been temporarily designated for use by that person's biological sex; and (ii) any private sector business or entity. Section 2 of this bill would amend section 2503 of the education law by adding a new subdivision 21 to read as follows: a. Shall require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex. For purposes of this subdivi- sion, the following definitions apply: (i) "Biological sex" shall mean the physical condition of being male or female, which is stated on a person's birth certificate. (ii) "Multiple occupancy bathroom or chang- ing facility" shall mean a facility designed or designated to be used by more than one person at a time where students may be in various states of undress in the presence of other persons. A multiple occupancy bath- room or changing facility may include, but is not limited to, a school restroom, locker room, changing room or shower room. (iii) "Single occu- pancy bathroom or changing facility" shall mean a facility designed or designated to be used by only one person at a time where students may be in various states of undress. A single occupancy bathroom or changing facility may include, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex. b. Nothing in this subdivision shall prohibit boards of education from providing accommodations such as single occupancy bathroom o r changing facilities or controlled use of faculty facilities upon a request due to special circumstances, but in no event shall that accommodation result in the board of education allowing a student to use a multiple occupancy bath- room or changing facility designated under this subdivision for a sex other than the student's biological sex. c. This subdivision does not apply to: (i) persons entering a multiple occupancy bathroom or changing facility designed for use by the opposite sex: A. for custodial purposes; B. for maintenance or inspection purposes; C. to render medical assistance; D. to accompany a student needing assistance when the assisting individual is an employee or authorized volunteer of the board of education or the student's parent or authorized caregiver; E. to receive assistance in using the facility; F. to accompany a person other than a student needing assistance; or G. that has been temporarily designated for use by that person's biological sex; and (ii) any private sector business or entity. Section 3 of this bill would amend section 2554 of the education law by adding a new subdivision 28 to read as follows: a. Shall require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex. For purposes of this subdivi- sion, the following definitions apply: (i) "Biological sex" shall mean the physical condition of being male or female, which is stated on a person's birth certificate. (ii) "Multiple occupancy bathroom or chang- ing facility" shall mean a facility designed or designated to be used by more than one person at a time where students may be in various states of undress in the presence of other persons. A multiple occupancy bath- room or changing facility may include, but is not limited to, a school restroom, locker room, changing room or shower room. (iii) "Single occu- pancy bathroom or changing facility" shall mean a facility designed or designated to be used by only one person at a time where students may be in various states of undress. A single occupancy bathroom or changing facility may include, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex. b. Nothing in this subdivision shall prohibit boards of education from providing accommodations such as single occupancy bathroom or changing facilities or controlled use of faculty facilities upon request due to special circumstances, but in no event shall that accommodation result in the board of education allowing a student to use a multiple occupancy bath- room or changing facility designated under this subdivision for a sex other than the student's biological sex. c. This subdivision does not apply to: (i) persons entering a multiple occupancy bathroom or changing facility designed for use by the opposite sex: A. for custodial purposes; B. for maintenance or inspection purposes; C. to render medical assistance; D. to accompany a student needing assistance when the assisting individual is an employee or authorized volunteer of the board of education or the student's parent or authorized caregiver; E. to receive assistance in using the facility; F. to accompany a person other than a student needing assistance; or G. that (ii) any private sector business or entity. Section 4 of this bill amends the education law by adding a new section 319 to read as follows: Single-sex multiple occupancy bathroom and changing facilities. The board of trustees of the state university of New York and the trustees of the city university of New York are authorized to promulgate rules or policies requiring every state university of New York and city universi- ty of New York, including all their constituent units including communi- ty colleges, to ensure that multiple occupancy bathrooms or changing facilities that are designated for use, be designated for and used only by persons based on their biological sex. For purposes of this section, the following definitions apply: (a) "Biological sex" shall mean the physical condition of being male or female, which is stated on a person's birth certificate. (b) "Multiple occupancy bathroom or changing facility" shall mean a facility designed or designated to be used by more than one person at a time where persons may be in various states of undress in the presence of other persons. A multiple occupancy bathroom or changing facility may include, but is not limited to, a restroom, locker room, changing room or shower room. (c) "Single occupancy bathroom or changing facility" shall mean a facility designed or designated to be used by only one person at a time where person s may be in various states of undress. A single occupancy bath- room or changing facility may include, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex. 2. Nothing in this section shall prohibit the board of trustees of the state university of New York and the trustees of the city university of New York from promulgating rules or policies that provide accommodations such as single occupancy bathroom or changing facilities upon a request due to special circumstances, but in no event shall that accommodation result in allowing a person to use a multiple occupancy bathroom or changing facility designated under this section for a sex other than the student's biological sex. This section does not apply to: (a) persons entering a multiple occupancy bathroom or changing facility designed for use by the opposite sex: (i) for custodial purposes; (ii) for mainte- nance or inspection purposes; (iii) to render medical assistance; (iv) to accompany a person needing assistance; (v) for a minor under the age of seven who accompanies a person caring for that minor; or (vi) that has been temporarily designated for use by that person's biological sex; and (b) any private sector business or entity. Section 5 of this bill would amend the executive law by adding a new section 170-c to read as follows: Single-sex multiple occupancy bathroom and changing facilities. 1. For purposes of this section, the following definitions shall apply: (a) "Biological sex" shall mean the physical condition of being male or female, which is stated on a person's birth certificate. (b) "State agency" shall mean any department of the executive, any bureau, commis- sion, agency, board or other agency, any public authority, and the judi- ciary and the legislature. (c) "Multiple occupancy bathroom or changing facility" shall mean a facility designed or designated to be used by more than one person at a time where persons may be in various states of undress in the presence of other persons. A multiple occupancy bathroom or changing facility may include, but is not limited to, a school rest- room, locker room, changing room or shower room. (d) "Single occupancy bathroom or changing facility" shall mean a facility designed or desig- nated to be used by only one person at a time where persons may be in various states of undress. A single occupancy bathroom or changing facility may include, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex. 2. State agen- cies shall require every multiple occupancy bathroom or changing facili- ty to be designated for and only used by persons based on their biolog- ical sex. 3. Nothing in this section shall prohibit state agencies from providing accommodations such as single occupancy bathroom or changing facilities upon a person's request due to a special circumstance, but in no event shall that accommodation result in the state agency allowing a person to use a multiple occupancy bathroom or changing facility desig- nated under this section for a sex other than the person's biological sex. 4. This section does not apply to: (a) persons entering a multiple occupancy bathroom or changing facility designed for use by the opposite sex: (i) for custodial purposes; (ii) for maintenance or inspection purposes; (iii) to render medical assistance; (iv) to accompany a person needing assistance; (v) for a minor under the age of seven who accompa- nies a person caring for that minor; or (vi) that has been temporarily designated for use by that person's biological sex; and (b) any private sector business or entity. Section 6 is the effective date. JUSTIFICATION: Many people are not comfortable sharing a public restroom or other public facility with a person who has an anatomical makeup of the oppo- site sex. This bill protects those people who reasonably believe that allowing people of the opposite biological sex into spaces would be an assault on their dignity, privacy, and in some cases, their safety. LEGISLATIVE HISTORY: A.10127 of 2015/16 - Referred to Governmental Operations FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.