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.