The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5240--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. O'DONNELL, DICKENS, MOSLEY, JAFFEE, ORTIZ, BLAKE,
   CRESPO,  THIELE, SIMON, GALEF, ARROYO, GLICK, WALLACE, HEVESI, ABINAN-
   TI, D'URSO, QUART,  CUSICK,  HYNDMAN,  DE LA ROSA,  PICHARDO,  LIFTON,
   BRONSON,  SEAWRIGHT,  STECK,  RIVERA,  NIOU,  ROZIC,  SIMOTAS,  BYRNE,
   BICHOTTE, SANTABARBARA, WOERNER, FAHY, VANEL, GUNTHER, WALKER,  NOLAN,
   ZEBROWSKI,  WRIGHT,  CAHILL,  STIRPE,  SOLAGES,  LENTOL, KIM, EPSTEIN,
   JEAN-PIERRE, WEINSTEIN, PERRY, CARROLL,  PHEFFER AMATO,  JONES,  GOTT-
   FRIED,  BUCHWALD,  REYES, LAVINE, SMULLEN -- read once and referred to
   the Committee on Governmental Operations -- recommitted to the Commit-
   tee on Governmental Operations in accordance  with  Assembly  Rule  3,
   sec.  2  --  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-p to read as follows:
   §  79-P.  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, OR FACTORIES, 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, "SINGLE-OCCUPANCY BATHROOM" SHALL HAVE THE
 SAME MEANING AS PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION ONE  HUNDRED
 FORTY-FIVE OF THE PUBLIC BUILDINGS LAW.
   2. SUCH GENDER NEUTRAL BATHROOM FACILITIES SHALL BE CLEARLY DESIGNATED
 BY THE POSTING OF SUCH ON OR NEAR THE ENTRY DOOR OF EACH FACILITY.
   §  2.  The  education  law is amended by adding a new section 409-m to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03015-02-0

 A. 5240--A                          2
 
   § 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 THE ENTRY DOOR OF EACH
 FACILITY.   FOR PURPOSES OF THIS  SECTION,  "SINGLE-OCCUPANCY  BATHROOM"
 SHALL  HAVE  THE  SAME  MEANING  AS  PARAGRAPH (D) OF SUBDIVISION ONE OF
 SECTION ONE HUNDRED FORTY-FIVE OF THE PUBLIC BUILDINGS LAW.
   § 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  THE
 ENTRY  DOOR OF EACH FACILITY.  FOR PURPOSES OF THIS SECTION, "SINGLE-OC-
 CUPANCY BATHROOM" SHALL HAVE THE SAME MEANING AS PARAGRAPH (D) OF SUBDI-
 VISION ONE OF SECTION ONE HUNDRED FORTY-FIVE  OF  THE  PUBLIC  BUILDINGS
 LAW.
   §  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 THE ENTRY  DOOR  OF
 EACH  FACILITY.    FOR PURPOSES OF THIS SECTION, "SINGLE-OCCUPANCY BATH-
 ROOM" SHALL HAVE THE SAME MEANING AS PARAGRAPH (D) OF SUBDIVISION ONE OF
 SECTION ONE HUNDRED FORTY-FIVE OF THE PUBLIC BUILDINGS LAW.
   § 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  THE  ENTRY  DOOR  OF EACH FACILITY.   FOR PURPOSES OF THIS
 SECTION, "SINGLE-OCCUPANCY BATHROOM" SHALL  HAVE  THE  SAME  MEANING  AS
 PARAGRAPH  (D)  OF  SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE OF
 THE PUBLIC BUILDINGS LAW.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.