NY State Senate Bill 2019-S815

Archive: Last Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2019	recommit, enacting clause stricken
Jan 09, 2019	referred to codes

co-Sponsors

2019-S815 (ACTIVE) - Details

See Assembly Version of this Bill:: A5240
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 2017-2018 Legislative Session:: S5993, A6500

2019-S815 (ACTIVE) - 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.

2019-S815 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S815

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:

2018: S.5993-A - Referred to Codes / A.6500-A - Referred to Governmental
Operations
2017: S.5993-A - Referred to Codes / A.6500-A - Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S815 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    815
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 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 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
 ASSISTED  USE.  SUCH GENDER NEUTRAL BATHROOM FACILITIES 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.

                                                            LBD03015-01-9

 S. 815                              2
 
   § 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 S815

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2019-S815 (ACTIVE) - Details

2019-S815 (ACTIVE) - Summary

2019-S815 (ACTIVE) - Sponsor Memo

2019-S815 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S815

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - Stricken

co-Sponsors

Anna M. Kaplan

2019-S815 (ACTIVE) - Details

2019-S815 (ACTIVE) - Summary

2019-S815 (ACTIVE) - Sponsor Memo

2019-S815 (ACTIVE) - Bill Text download pdf

Comments