NY State Assembly Bill 2017-A5422

Assembly Bill A5422

2017-2018 Legislative Session

Provides single-sex multiple occupancy bathroom and changing facilities in schools and public bathrooms

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to governmental operations
Feb 08, 2017	referred to governmental operations

co-Sponsors

2017-A5422 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Education Law
Laws Affected:: Amd §§1804, 2503 & 2554, add §319, Ed L; add §170-c, Exec L
Versions Introduced in 2015-2016 Legislative Session:: A10127

2017-A5422 (ACTIVE) - Summary

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.

2017-A5422 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5422
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09758-01-7

 A. 5422                             2
 
 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.
   § 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

 A. 5422                             3
 
   G. THAT HAS BEEN TEMPORARILY  DESIGNATED  FOR  USE  BY  THAT  PERSON'S
 BIOLOGICAL SEX; AND
   (II) ANY PRIVATE SECTOR BUSINESS OR ENTITY.
   §  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.
   §  4. The education law is amended by adding a new section 319 to read
 as follows:
   § 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. 5422                             4
 
   (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
 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.
   §  5.  The  executive  law is amended by adding a new section 170-c to
 read as follows:
   § 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.

 A. 5422                             5
 
   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.
   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.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Assembly Bill A5422

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MURRAY