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A05422 Text:



 
                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.
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