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.
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.