NY State Senate Bill 2017-S5993A

Archive: Last Bill Status - In Senate Committee Codes 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 codes
Jun 12, 2017	print number 5993a
Jun 12, 2017	amend and recommit to codes
May 09, 2017	referred to codes

Bill Amendments

Original

A (Active)

2017-S5993 - Details

See Assembly Version of this Bill:: A6500
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-o, Civ Rts L; add §409-m, amd §§355, 6206 & 6306, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S815, S6479, A5240

2017-S5993 - Summary

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.

2017-S5993 - Sponsor Memo

                                 BILL NUMBER:  S5993

 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 would amend 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, mercantile 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 2-4 would amend the education law by adding three new
sections, 409m, 362, and 6206-a. Section 409-m would require all
public school districts and nonpublic elementary and secondary schools
to authorize the promulgation of rules or polices requiring all single
occupancy bathroom facilities to be designated as gender neutral.
Section 362 would require the board of trustees of the state
university of New York to authorize gender neutral bathrooms. Section

6206-a would require the board of trustees of the city university of
New York to authorize gender neutral bathrooms.

Section 5 is the effective date.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

N/A

 JUSTIFICATION :

Access to public spaces should not be a privilege. A person's sexual
orientation and gender identity are not justifications to exclude
individuals 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 discrimination.

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.

2017-S5993 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5993
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 79-o to read as follows:
   §  79-O.  GENDER NEUTRAL SINGLE OCCUPANCY BATHROOM FACILITIES.  1. ALL
 SINGLE OCCUPANCY BATHROOM FACILITIES IN PUBLIC PLACES, INCLUDING BUT NOT
 LIMITED TO THOSE LOCATED IN  RESTAURANTS,  BARS,  MERCANTILE  ESTABLISH-
 MENTS,  FACTORIES  OR STATE-OWNED OR OPERATED BUILDINGS, SHALL BE DESIG-
 NATED AS GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCUPANT AT  A  TIME
 OR  FOR  FAMILY  OR  ASSISTED USE. FOR PURPOSES OF THIS SECTION, "STATE-
 OWNED OR OPERATED BUILDINGS" SHALL MEAN ANY  STATE-OWNED  PROPERTY  USED
 FOR  OFFICIAL OFFICE BUILDING SPACE, AND SHALL INCLUDE ANY OFFICE SPACE,
 NOT OWNED BY THE STATE, BUT WHOSE PRIMARY  USE  IS  FOR  OFFICIAL  STATE
 BUSINESS.
   2. SUCH GENDER NEUTRAL BATHROOM FACILITIES SHALL BE CLEARLY DESIGNATED
 BY THE POSTING OF SUCH ON OR NEAR EACH FACILITY.
   §  2.  The  education  law is amended by adding a new section 409-m to
 read as follows:
   § 409-M. GENDER NEUTRAL SINGLE OCCUPANCY  BATHROOM  FACILITIES.    THE
 BOARD  OF EDUCATION OR TRUSTEES OF EVERY SCHOOL DISTRICT AND THE PRINCI-
 PAL OR OTHER PERSON IN CHARGE OF EVERY NONPUBLIC ELEMENTARY OR SECONDARY
 SCHOOL WITHIN THE STATE SHALL AUTHORIZE THE  PROMULGATION  OF  RULES  OR
 POLICIES  REQUIRING  THAT  ALL  SINGLE OCCUPANCY BATHROOM FACILITIES ARE
 DESIGNATED AS GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCUPANT  AT  A
 TIME OR FOR FAMILY OR ASSISTED USE. SUCH GENDER NEUTRAL BATHROOM FACILI-
 TIES  SHALL BE CLEARLY DESIGNATED BY THE POSTING OF SUCH ON OR NEAR EACH
 FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10268-02-7

 S. 5993                             2
 
   § 3. The education law is amended by adding a new section 362 to  read
 as follows:
   §  362. GENDER NEUTRAL SINGLE OCCUPANCY BATHROOM FACILITIES. THE BOARD
 OF TRUSTEES OF THE STATE UNIVERSITY OF  NEW  YORK  SHALL  AUTHORIZE  THE
 PROMULGATION OF RULES OR POLICIES REQUIRING EACH STATE UNIVERSITY OF NEW
 YORK,   INCLUDING   ALL  THEIR  CONSTITUENT  UNITS  INCLUDING  COMMUNITY
 COLLEGES, THAT ALL SINGLE OCCUPANCY BATHROOM FACILITIES  ARE  DESIGNATED
 AS  GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCUPANT AT A TIME OR FOR
 FAMILY OR ASSISTED USE. SUCH GENDER NEUTRAL BATHROOM FACILITIES SHALL BE
 CLEARLY DESIGNATED BY THE POSTING OF SUCH ON OR NEAR EACH FACILITY.
   § 4. The education law is amended by adding a new  section  6206-a  to
 read as follows:
   §  6206-A.  GENDER  NEUTRAL SINGLE OCCUPANCY BATHROOM FACILITIES.  THE
 BOARD OF TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL AUTHORIZE THE
 PROMULGATION OF RULES OR POLICIES REQUIRING THE CITY UNIVERSITY  OF  NEW
 YORK,   INCLUDING   ALL  THEIR  CONSTITUENT  UNITS  INCLUDING  COMMUNITY
 COLLEGES, THAT ALL SINGLE OCCUPANCY BATHROOM FACILITIES  ARE  DESIGNATED
 AS  GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCUPANT AT A TIME OR FOR
 FAMILY OR ASSISTED USE. SUCH GENDER NEUTRAL BATHROOM FACILITIES SHALL BE
 CLEARLY DESIGNATED BY THE POSTING OF SUCH ON OR NEAR EACH FACILITY.
   § 5. This act shall take effect immediately.

co-Sponsors

2017-S5993A (ACTIVE) - Details

See Assembly Version of this Bill:: A6500
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-o, Civ Rts L; add §409-m, amd §§355, 6206 & 6306, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S815, S6479, A5240

2017-S5993A (ACTIVE) - Summary

2017-S5993A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5993A               Revised 01/17/18

SPONSOR: LANZA
 
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:

2017: S.5993A - Referred to Codes / A.6500-A - Referred to Governmental
Employees

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S5993A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5993--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 79-o to read as follows:
   § 79-O. GENDER NEUTRAL SINGLE OCCUPANCY BATHROOM FACILITIES.   1.  ALL
 SINGLE OCCUPANCY BATHROOM FACILITIES LOCATED IN PUBLIC PLACES, INCLUDING
 BUT NOT LIMITED TO THOSE LOCATED IN RESTAURANTS, BARS, MERCANTILE ESTAB-
 LISHMENTS,  FACTORIES  OR  STATE-OWNED  OR  OPERATED BUILDINGS, SHALL BE
 DESIGNATED AS GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCUPANT  AT  A
 TIME  OR  FOR  FAMILY  OR  ASSISTED  USE.  FOR PURPOSES OF THIS SECTION,
 "STATE-OWNED OR OPERATED BUILDINGS" SHALL MEAN ANY STATE-OWNED  PROPERTY
 USED  FOR  OFFICIAL  STATE  BUSINESS  AND  SHALL INCLUDE ANY BUILDING OR
 OFFICE SPACE, NOT OWNED BY THE STATE, BUT WHICH PRIMARY USE IS FOR OFFI-
 CIAL STATE BUSINESS.
   2. SUCH GENDER NEUTRAL BATHROOM FACILITIES SHALL BE CLEARLY DESIGNATED
 BY THE POSTING OF SUCH ON OR NEAR EACH FACILITY.
   § 2. The education law is amended by adding a  new  section  409-m  to
 read as follows:
   §  409-M.  GENDER  NEUTRAL  SINGLE OCCUPANCY BATHROOM FACILITIES.  THE
 BOARD OF EDUCATION OR TRUSTEES OF EVERY SCHOOL DISTRICT OR, IN THE  CASE
 OF THE CITY SCHOOL DISTRICT OF NEW YORK, THE CHANCELLOR, AND EVERY BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL AND NONPUBLIC SCHOOL
 WITHIN  THE  STATE  SHALL DEVELOP POLICIES AND PROCEDURES REQUIRING THAT
 ALL SINGLE  OCCUPANCY  BATHROOM  FACILITIES  ARE  DESIGNATED  AS  GENDER
 NEUTRAL  FOR USE BY NO MORE THAN ONE OCCUPANT AT A TIME OR FOR FAMILY OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10268-04-7

 S. 5993--A                          2
 
 ASSISTED USE. SUCH GENDER NEUTRAL BATHROOM FACILITIES SHALL  BE  CLEARLY
 DESIGNATED BY THE POSTING OF SUCH ON OR NEAR EACH FACILITY.
   §  3.  Section  355  of  the  education law is amended by adding a new
 subdivision 20 to read as follows:
   20. THE STATE UNIVERSITY TRUSTEES SHALL  ADOPT  RULES  REQUIRING  THAT
 EACH INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK ADOPT WRITTEN POLI-
 CIES  REQUIRING  THAT ALL PUBLIC SINGLE OCCUPANCY BATHROOM FACILITIES BE
 DESIGNATED AS GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCUPANT  AT  A
 TIME OR FOR FAMILY OR ASSISTED USE. SUCH GENDER NEUTRAL BATHROOM FACILI-
 TIES  SHALL BE CLEARLY DESIGNATED BY THE POSTING OF SUCH ON OR NEAR EACH
 FACILITY.
   § 4. Section 6206 of the education law is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20. THE BOARD OF TRUSTEES SHALL ADOPT RULES REQUIRING THAT EACH INSTI-
 TUTION OF THE CITY UNIVERSITY OF NEW YORK ADOPT WRITTEN POLICIES REQUIR-
 ING  THAT  ALL PUBLIC SINGLE OCCUPANCY BATHROOM FACILITIES BE DESIGNATED
 AS GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCUPANT AT A TIME OR  FOR
 FAMILY OR ASSISTED USE. SUCH GENDER NEUTRAL BATHROOM FACILITIES SHALL BE
 CLEARLY DESIGNATED BY THE POSTING OF SUCH ON OR NEAR EACH FACILITY.
   §  5.  Section  6306  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. THE BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE SHALL ADOPT  WRIT-
 TEN POLICIES REQUIRING THAT ALL PUBLIC SINGLE OCCUPANCY BATHROOM FACILI-
 TIES  BE  DESIGNATED AS GENDER NEUTRAL FOR USE BY NO MORE THAN ONE OCCU-
 PANT AT A TIME OR FOR  FAMILY  OR  ASSISTED  USE.  SUCH  GENDER  NEUTRAL
 BATHROOM  FACILITIES  SHALL BE CLEARLY DESIGNATED BY THE POSTING OF SUCH
 ON OR NEAR EACH FACILITY.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S5993A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S5993 - Details

2017-S5993 - Summary

2017-S5993 - Sponsor Memo

2017-S5993 - Bill Text download pdf

co-Sponsors

2017-S5993A (ACTIVE) - Details

2017-S5993A (ACTIVE) - Summary

2017-S5993A (ACTIVE) - Sponsor Memo

2017-S5993A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5993A

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S5993 - Details

2017-S5993 - Summary

2017-S5993 - Sponsor Memo

2017-S5993 - Bill Text download pdf

co-Sponsors

Tony Avella

Liz Krueger

Toby Ann Stavisky

2017-S5993A (ACTIVE) - Details

2017-S5993A (ACTIVE) - Summary

2017-S5993A (ACTIVE) - Sponsor Memo

2017-S5993A (ACTIVE) - Bill Text download pdf

Comments