Bill Text: NY A05240 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 55-3)

Status: (Engrossed) 2020-07-22 - RETURNED TO ASSEMBLY [A05240 Detail]

Download: New_York-2019-A05240-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5240--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  79-p to read as follows:
     3    §  79-p.  Gender neutral single-occupancy bathroom facilities.  1. All
     4  single-occupancy bathroom facilities located in public places, including
     5  but not limited to those located in restaurants, bars, mercantile estab-
     6  lishments, or factories, shall be designated as gender neutral  for  use
     7  by  no  more  than one occupant at a time or for family or assisted use.
     8  For purposes of this section, "single-occupancy bathroom" shall have the
     9  same meaning as paragraph (d) of subdivision one of section one  hundred
    10  forty-five of the public buildings law.
    11    2. Such gender neutral bathroom facilities shall be clearly designated
    12  by the posting of such on or near the entry door of each facility.
    13    §  2.  The  education  law is amended by adding a new section 409-m to
    14  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

     1    § 409-m. Gender neutral single-occupancy  bathroom  facilities.    The
     2  board  of education or trustees of every school district or, in the case
     3  of the city school district of New York, the chancellor, and every board
     4  of cooperative educational services, charter school and nonpublic school
     5  within  the  state  shall develop policies and procedures requiring that
     6  all  single-occupancy  bathroom  facilities  are  designated  as  gender
     7  neutral  for use by no more than one occupant at a time or for family or
     8  assisted use. Such gender neutral bathroom facilities shall  be  clearly
     9  designated  by  the  posting  of  such on or near the entry door of each
    10  facility.   For purposes of this  section,  "single-occupancy  bathroom"
    11  shall  have  the  same  meaning  as  paragraph (d) of subdivision one of
    12  section one hundred forty-five of the public buildings law.
    13    § 3. Section 355 of the education law  is  amended  by  adding  a  new
    14  subdivision 20 to read as follows:
    15    20.  The  state  university  trustees shall adopt rules requiring that
    16  each institution of the state university of New York adopt written poli-
    17  cies requiring that all public single-occupancy bathroom  facilities  be
    18  designated  as  gender neutral for use by no more than one occupant at a
    19  time or for family or assisted use. Such gender neutral bathroom facili-
    20  ties shall be clearly designated by the posting of such on or  near  the
    21  entry  door of each facility.  For purposes of this section, "single-oc-
    22  cupancy bathroom" shall have the same meaning as paragraph (d) of subdi-
    23  vision one of section one hundred forty-five  of  the  public  buildings
    24  law.
    25    §  4.  Section  6206  of  the education law is amended by adding a new
    26  subdivision 20 to read as follows:
    27    20. The board of trustees shall adopt rules requiring that each insti-
    28  tution of the city university of New York adopt written policies requir-
    29  ing that all public single-occupancy bathroom facilities  be  designated
    30  as  gender neutral for use by no more than one occupant at a time or for
    31  family or assisted use. Such gender neutral bathroom facilities shall be
    32  clearly designated by the posting of such on or near the entry  door  of
    33  each  facility.    For purposes of this section, "single-occupancy bath-
    34  room" shall have the same meaning as paragraph (d) of subdivision one of
    35  section one hundred forty-five of the public buildings law.
    36    § 5. Section 6306 of the education law is  amended  by  adding  a  new
    37  subdivision 11 to read as follows:
    38    11.  The board of trustees of each community college shall adopt writ-
    39  ten policies requiring that all public single-occupancy bathroom facili-
    40  ties be designated as gender neutral for use by no more than  one  occu-
    41  pant  at  a  time  or  for  family  or assisted use. Such gender neutral
    42  bathroom facilities shall be clearly designated by the posting  of  such
    43  on  or  near  the  entry  door  of each facility.   For purposes of this
    44  section, "single-occupancy bathroom" shall  have  the  same  meaning  as
    45  paragraph  (d)  of  subdivision one of section one hundred forty-five of
    46  the public buildings law.
    47    § 6. This act shall take effect on the ninetieth day  after  it  shall
    48  have become a law.
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