AB10127 Summary:

BILL NOA10127
 
SAME ASNo Same As
 
SPONSORMurray
 
COSPNSR
 
MLTSPNSR
 
Amd 1804, 2503 & 2554, add 319, Ed L; add 170-c, Exec L
 
Provides that single-sex multiple use bathrooms and changing facilities in schools, including CUNY, SUNY and community colleges, and in state agencies are designated for and used only by persons based on their biological sex.
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AB10127 Actions:

BILL NOA10127
 
05/12/2016referred to governmental operations
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AB10127 Text:



 
                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.
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