S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10127

                          I N  A S S E M B L Y

                              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:

  Section 1. Section 1804 of the education law is amended  by  adding  a
new subdivision 13 to read as follows:
  13.  A.  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  BIOLOG-
ICAL 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 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 DESIGNATED UNDER THIS SUBDIVISION FOR A
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

  C. THIS SUBDIVISION DOES NOT APPLY TO:
  (I) PERSONS ENTERING A MULTIPLE OCCUPANCY BATHROOM OR CHANGING FACILI-
TY 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 INDI-
VIDUAL 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.
  S 2. Section 2503 of the education law is  amended  by  adding  a  new
subdivision 21 to read as follows:
  21.  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 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  BIOLOG-
ICAL 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 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 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 FACILI-
TY 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  INDI-
VIDUAL  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.

A. 10127                            3

  S  3.  Section  2554  of  the education law is amended by adding a new
subdivision 28 to read as follows:
  28.  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 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  BIOLOG-
ICAL 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
BATHROOM 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 FACILI-
TY 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 INDI-
VIDUAL 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.
  S 4. The education law is amended by adding a new section 319 to  read
as follows:
  S 319. SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND CHANGING FACILITIES.
1.  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
UNIVERSITY  OF NEW YORK, INCLUDING ALL THEIR CONSTITUENT UNITS INCLUDING
COMMUNITY 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

A. 10127                            4

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  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 BIOLOG-
ICAL 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.
  3. THIS SECTION DOES NOT APPLY TO:
  (A) PERSONS ENTERING A MULTIPLE OCCUPANCY BATHROOM OR CHANGING FACILI-
TY 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 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.
  S  5.  The  executive  law is amended by adding a new section 170-c to
read as follows:
  S 170-C. SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND  CHANGING  FACILI-
TIES.  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, COMMISSION, AGENCY, BOARD OR OTHER AGENCY, ANY PUBLIC AUTHORITY,
AND THE JUDICIARY 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 RESTROOM, LOCKER ROOM, CHANGING
ROOM OR SHOWER ROOM.
  (D)  "SINGLE  OCCUPANCY  BATHROOM  OR  CHANGING FACILITY" SHALL MEAN A
FACILITY DESIGNED OR DESIGNATED 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 BIOLOG-
ICAL SEX.
  2. STATE AGENCIES SHALL REQUIRE EVERY MULTIPLE OCCUPANCY  BATHROOM  OR
CHANGING FACILITY TO BE DESIGNATED FOR AND ONLY USED BY PERSONS BASED ON
THEIR BIOLOGICAL SEX.

A. 10127                            5

  3.  NOTHING IN THIS SECTION SHALL PROHIBIT STATE AGENCIES FROM PROVID-
ING ACCOMMODATIONS SUCH AS SINGLE OCCUPANCY BATHROOM OR CHANGING FACILI-
TIES 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 FACILI-
TY 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 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.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.