SF 2055 (LSB 5316XS (5) 90)

SENATE FILE 2055

BY  SALMON

A BILL FOR

An Act prohibiting persons from entering single and multiple occupancy restrooms or changing areas and other facilities in public accommodations that do not correspond with the person’s biological sex, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  216.9B  Single and multiple occupancy restrooms or changing areas in public accommodations —— use by persons of same biological sex.
   1.  As used in this section:
   a.  “Multiple occupancy restroom or changing area” means an area in a public accommodation building designed or designated to be used by more than one person at a time, in which persons may be in various stages of undress in the presence of other persons. “Multiple occupancy restroom or changing area” includes but is not limited to a restroom, locker room, changing room, or shower room.
   b.  “Sex” means a person’s biological sex as female or male, as listed on a person’s official birth certificate issued at or near the time of the person’s birth.
   c.  “Single occupancy restroom or changing area” means an area in a public accommodation designed or designated to be used by one person at a time, in which the person may be in various stages of undress. “Single occupancy restroom or changing area” includes a restroom, locker room, changing room, or shower room.
   2.  It shall not be an unfair or discriminatory practice for a public accommodation to require a single or multiple occupancy restroom or changing area to be designated only for and used by persons of the same biological sex as provided in this section. It shall not be an unfair or discriminatory practice to prohibit a person from using a single or multiple occupancy restroom or changing area that does not correspond with the person’s biological sex as provided in this section.
   3.  A public accommodation shall require a multiple occupancy restroom or changing area to be designated only for and used by persons of the same sex. A person shall not enter a multiple occupancy restroom or changing area, or a single occupancy restroom or changing area designated only for persons of the same sex, that does not correspond with the person’s sex.
   4.  A person who, for any reason, desires greater privacy when using a single or multiple occupancy restroom or changing area, or other facility, may submit a request for access to alternative facilities. The public accommodation official or employee to whom a request is submitted shall evaluate such request and shall, to the extent reasonable, offer options for alternative facilities. In no event shall any accommodation be made that includes access to a multiple occupancy restroom or changing area or a single occupancy restroom or changing area designated for use by persons of the opposite sex while persons of the opposite sex are present or could be present. Reasonable accommodations may include any of the following:
   a.  Access to a single occupancy restroom or changing area.
   b.  Access to a unisex single occupancy restroom or changing area by only one person at a time.
   c.  Controlled use of staff or personnel multiple occupancy restroom or changing area or a single occupancy restroom or changing area.
   5.  This section shall not be construed to prohibit a public accommodation from doing any of the following:
   a.  Adopting policies necessary to accommodate disabled persons or young children in need of physical assistance when using a multiple occupancy restroom or changing area, a single occupancy restroom or changing area, or other facility.
   b.  Permitting access to a multiple occupancy restroom or changing area, a single occupancy restroom or changing area, or other facility for custodial or maintenance purposes when such facility is not occupied by a member of the opposite sex.
   c.  Rendering medical assistance.
   d.  Permitting access to a multiple occupancy restroom or changing area, a single occupancy restroom or changing area, or other facility or setting during a natural disaster, emergency, or when necessary to prevent a serious threat to a person’s safety.
   6.  a.  A citizen of this state may file a complaint with the office of the attorney general that a public accommodation is in violation of the provisions of this section if all of the following are true:
   (1)  The citizen provides written notice to the public accommodation describing the violation.
   (2)  The public accommodation does not cure the violation within three business days after receiving written notice of the violation.
   b.  A complaint filed pursuant to this section shall include all of the following:
   (1)  A copy of the written notice delivered to the public accommodation.
   (2)  A signed statement by the citizen describing the violation and stating that notice was provided.
   c.  Upon receipt of a complaint, the attorney general shall investigate the violation described in the complaint. If the attorney general determines that no violation occurred or that no further legal action is warranted, then the attorney general shall send written notice of such determination to the citizen who filed the complaint and to the public accommodation. If the attorney general determines that legal action is warranted to cure the violation, then the attorney general may file an action in a court of competent jurisdiction seeking such equitable relief as the attorney general deems appropriate.
   d.  This subsection shall not limit other remedies at law or equity available to the aggrieved person against the public accommodation.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires public accommodations to designate and allow the use of multiple occupancy restrooms and changing areas only by persons of the same biological sex. The bill prohibits a person from entering a single or multiple occupancy restroom or changing area in a public accommodation that does not correspond with the person’s biological sex. The bill allows public accommodations to provide alternative facilities upon a request to public accommodation officials or employees for alternative facilities from the person.
   The bill also allows any citizen of the state to file a complaint of violation of the bill with the attorney general if the citizen provides written notice to the public accommodation describing the violation and the public accommodation does not cure the violation within three business days after receiving written notice. The complaint filed with the attorney general must have a copy of the written notice that had been delivered to the public accommodation and a signed statement by the citizen describing the violation. The attorney general is required to investigate the claim of a violation and pursue legal action if warranted.
   The bill provides that the actions required and prohibited by the bill do not constitute unfair or discriminatory practices in violation of the Iowa civil rights Act, Code chapter 216.
   The bill takes effect upon enactment.