Add §79-o, Civ Rts L; add §409-m, amd §§355, 6206 & 6306, Ed L
Relates to making all single occupancy bathrooms gender neutral in school districts, charter schools, SUNY, CUNY, community colleges, restaurants, bars, mercantile establishments, factories and state owned or operated buildings.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6500A
SPONSOR: O'Donnell TITLE OF BILL: An act to amend the civil rights law and the education
law, in relation to single occupancy bathroom facilities
PURPOSE OR GENERAL IDEA OF BILL:
This bill would designate all single occupancy bathroom facilities in
public places and in all public and private schools as gender neutral.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the civil rights law by adding a new section (79-o) to
require all single occupancy bathroom facilities in public places,
including but not limited to those located in restaurants, bars, mercan-
tile establishments, factories or state-owned or operated buildings, to
be designated as gender neutral for use by no more than one occupant at
a time or for family or assisted use.
Sections 2 adds a new section 409-m to the education law to require the
board of education or trustees of every school district, or the chancel-
lor for the city school district of New York City, every board of coop-
erative educational services, charter school, and schools within the
state to develop policies to require all single occupancy bathrooms
facilities to be designated as gender neutral. Section 3 adds a new
subdivision 20 to section 355 of the education law to require state
university trustees to adopt these rules at each institution of the
state university. Section 4 adds a new subdivision 20 to section 6206 to
require the board of trustees to adopt these rules at each institution
of the city university. Section 5 adds a new subdivision 11 to section
6306 to require the board of trustees to adopt these rules at each
community college.
Section 6 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version makes technical amendments to ensure CUNY, SUNY, and
community colleges are included in adopting policies to designate all
single occupancy bathroom facilities as gender neutral.
JUSTIFICATION:
Access to public spaces should not be a privilege. A person's sexual
orientation and gender identity are not justifications to exclude indi-
viduals from public spaces, including bathrooms. The argument that
transgender individuals must use the restroom that corresponds with
their assigned gender at birth is discriminatory and wrong. New York
State has been a safe haven for people from all backgrounds and beliefs,
and we must recognize our role as a leader in the fight for transgender
rights. Expanding the civil liberties of transgender individuals is a
task New York must take up with pride. We must acknowledge that this
issue is not about bathrooms, but is instead about fighting for a
person's right to exist in the world free from harassment and discrimi-
nation.
The California legislature recently passed the most progressive bill on
bathroom access in the nation. Now is an opportunity for New York to
join California in its efforts to protect transgender individuals and
expand inclusivity and dignity for all. Modeled after California's bill,
this act would require all publically accessible bathrooms, including
those in public and private schools, restaurants, bars, mercantile
establishments, factories or state-owned or operated buildings, to
designate all single occupancy bathrooms as gender neutral.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6500--A
2017-2018 Regular Sessions
IN ASSEMBLY
March 7, 2017
___________
Introduced by M. of A. O'DONNELL, DICKENS, MOSLEY, JAFFEE, ORTIZ -- read
once and referred to the Committee on Governmental Operations --
reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
AN ACT to amend the civil rights law and the education law, in relation
to single occupancy bathroom facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section
2 79-o to read as follows:
3 § 79-o. Gender neutral single occupancy bathroom facilities. 1. All
4 single occupancy bathroom facilities located in public places, including
5 but not limited to those located in restaurants, bars, mercantile estab-
6 lishments, factories or state-owned or operated buildings, shall be
7 designated as gender neutral for use by no more than one occupant at a
8 time or for family or assisted use. For purposes of this section,
9 "state-owned or operated buildings" shall mean any state-owned property
10 used for official state business and shall include any building or
11 office space, not owned by the state, but which primary use is for offi-
12 cial state business.
13 2. Such gender neutral bathroom facilities shall be clearly designated
14 by the posting of such on or near each facility.
15 § 2. The education law is amended by adding a new section 409-m to
16 read as follows:
17 § 409-m. Gender neutral single occupancy bathroom facilities. The
18 board of education or trustees of every school district or, in the case
19 of the city school district of New York, the chancellor, and every board
20 of cooperative educational services, charter school and nonpublic school
21 within the state shall develop policies and procedures requiring that
22 all single occupancy bathroom facilities are designated as gender
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10268-03-7
A. 6500--A 2
1 neutral for use by no more than one occupant at a time or for family or
2 assisted use. Such gender neutral bathroom facilities shall be clearly
3 designated by the posting of such on or near each facility.
4 § 3. Section 355 of the education law is amended by adding a new
5 subdivision 20 to read as follows:
6 20. The state university trustees shall adopt rules requiring that
7 each institution of the state university of New York adopt written poli-
8 cies requiring that all public single occupancy bathroom facilities be
9 designated as gender neutral for use by no more than one occupant at a
10 time or for family or assisted use. Such gender neutral bathroom facili-
11 ties shall be clearly designated by the posting of such on or near each
12 facility.
13 § 4. Section 6206 of the education law is amended by adding a new
14 subdivision 20 to read as follows:
15 20. The board of trustees shall adopt rules requiring that each insti-
16 tution of the city university of New York adopt written policies requir-
17 ing that all public single occupancy bathroom facilities be designated
18 as gender neutral for use by no more than one occupant at a time or for
19 family or assisted use. Such gender neutral bathroom facilities shall be
20 clearly designated by the posting of such on or near each facility.
21 § 5. Section 6306 of the education law is amended by adding a new
22 subdivision 11 to read as follows:
23 11. The board of trustees of each community college shall adopt writ-
24 ten policies requiring that all public single occupancy bathroom facili-
25 ties be designated as gender neutral for use by no more than one occu-
26 pant at a time or for family or assisted use. Such gender neutral
27 bathroom facilities shall be clearly designated by the posting of such
28 on or near each facility.
29 § 6. This act shall take effect on the ninetieth day after it shall
30 have become a law.
