S.F. 156 Section 1. NEW SECTION . 135E.1 Definitions. 1 For purposes of this chapter: 2 1. “Biological sex” means the biological condition of being 3 male or female, as determined by any of the following: 4 a. The chromosomes, sex organs, and endogenous profiles of a 5 person. 6 b. A person’s original birth certificate, if the biological 7 sex is correctly stated on the birth certificate as indicated 8 by the biological sex being entered at or near the time of 9 birth and modified only to correct a clerical error. 10 2. “Private space” means a facility designed or designated 11 for use by more than one person at a time, where a person may 12 be in a state of undress in the presence of another person, 13 regardless of whether the facility provides curtains or partial 14 walls for privacy. “Private space” includes but is not limited 15 to a restroom, locker room, changing room, shower room, or 16 sleeping quarter. 17 3. “Single-occupancy private space” means a facility 18 designed or designated for use by only one person at a time, 19 where a person may be in a state of undress, including but not 20 limited to a single toilet restroom with a locking door or a 21 sleeping quarter that accommodates a single occupant. 22 4. “State entity” means the state, including but not limited 23 to a state agency, department, division, board, commission, 24 institution, or authority; a city; a county; a township; or any 25 other political subdivision or special district in this state 26 as established pursuant to state or local law. “State entity” 27 does not include a public school to the extent the public 28 school is governed by section 280.33. 29 Sec. 2. NEW SECTION . 135E.2 Designation and use of private 30 spaces. 31 1. A state entity shall require each private space located 32 within a facility owned, operated, or controlled by the state 33 entity to be designated only for and used by persons of the 34 same biological sex. 35 -1- LSB 1276XS (6) 91 sc/ns 1/ 7

S.F. 156 2. This section shall not be construed to prohibit a state 1 entity from doing any of the following: 2 a. Adopting policies necessary to accommodate persons 3 protected under the federal Americans with Disabilities Act of 4 1990, young children in need of assistance, or elderly persons 5 in need of assistance. 6 b. Establishing a single-occupancy private space or a family 7 restroom, changing room, or sleeping quarter. 8 c. Redesignating a private space designated for exclusive 9 use by one biological sex to a designation for exclusive use 10 by the opposite biological sex. 11 d. Providing an accommodation, including a single-occupancy 12 private space, on request due to special circumstances. 13 The state entity shall not provide an accommodation under 14 this paragraph that allows a person to use a private space 15 designated for the biological sex opposite to the person’s 16 biological sex. 17 Sec. 3. NEW SECTION . 135E.3 Use by opposite biological sex 18 prohibited —— penalty —— exceptions. 19 1. A person shall not enter a private space located within a 20 facility owned, operated, or controlled by a state entity that 21 is designated for use by persons of the opposite biological 22 sex. 23 2. Subsection 1 does not apply to any of the following: 24 a. A person entering a private space designated for the 25 biological sex opposite to the person’s biological sex for any 26 of the following reasons: 27 (1) A custodial purpose. 28 (2) A maintenance or inspection purpose. 29 (3) To render medical or other emergency assistance. 30 (4) To accompany a person needing assistance in using the 31 facility. 32 (5) To receive assistance in using the facility. 33 b. A child entering a private space designated for the 34 biological sex opposite to the child’s biological sex if the 35 -2- LSB 1276XS (6) 91 sc/ns 2/ 7

S.F. 156 child is younger than ten years of age and accompanying a 1 person caring for the child. 2 3. A person who violates subsection 1 is guilty of a simple 3 misdemeanor. However, a person who violates subsection 1 for 4 purposes of sexual gratification is guilty of an aggravated 5 misdemeanor. 6 Sec. 4. NEW SECTION . 135E.4 Civil penalty. 7 1. A state entity that violates this chapter is subject to a 8 civil penalty not to exceed five thousand dollars for the first 9 violation and not to exceed twenty-five thousand dollars for 10 a subsequent violation. 11 2. Civil penalties collected by the attorney general under 12 this chapter shall be deposited in the victim compensation fund 13 established under section 915.94. 14 Sec. 5. NEW SECTION . 135E.5 Complaint. 15 1. A resident of this state may file a complaint with 16 the office of the attorney general that a state entity is in 17 violation of this chapter if all of the following apply: 18 a. The person provides the state entity a written notice 19 that describes the violation. 20 b. The state entity does not cure the violation before the 21 end of the third business day after the date of receiving the 22 written notice. 23 2. A complaint filed under this section must include all of 24 the following: 25 a. A copy of the written notice. 26 b. The person’s sworn statement or affidavit describing the 27 violation and indicating that the person provided the notice 28 required by this section. 29 Sec. 6. NEW SECTION . 135E.6 Duties of attorney general. 30 1. The attorney general shall investigate a complaint 31 filed under section 135E.5 to determine whether legal action 32 is warranted. 33 2. The state entity that is the subject of the complaint 34 shall provide to the attorney general any information the 35 -3- LSB 1276XS (6) 91 sc/ns 3/ 7

S.F. 156 attorney general requests in connection with the complaint, 1 including but not limited to all of the following: 2 a. A supporting document related to the complaint. 3 b. A statement regarding whether the entity has complied or 4 intends to comply with this chapter. 5 3. If the attorney general determines that legal action is 6 warranted, the attorney general shall provide the appropriate 7 officer of the state entity charged with the violation a 8 written notice that includes all of the following: 9 a. A description of the violation and the location of the 10 private space found to be in violation. 11 b. The amount of the proposed penalty for the violation. 12 c. A notice that the state entity must cure the violation 13 on or before the fifteenth day after the date the notice under 14 this subsection is received to avoid the penalty. 15 Sec. 7. NEW SECTION . 135E.7 Enforcement. 16 1. If, after receipt of the notice under section 135E.6, 17 the state entity has not cured the violation on or before 18 the fifteenth day after the date the notice is provided, the 19 attorney general may take legal action necessary to collect the 20 civil penalty provided by section 135E.4. 21 2. In addition to legal action under subsection 1, the 22 attorney general may seek an injunction or apply for other 23 appropriate equitable relief. 24 3. Legal action under this section shall be brought and 25 maintained in the district court of Polk county, Iowa, or 26 the district court of the county in which the state entity’s 27 principal office is located. 28 4. The attorney general shall recover reasonable expenses 29 incurred in obtaining relief under this section, including 30 but not limited to court costs, reasonable attorney fees, 31 investigative costs, witness fees, and deposition costs. 32 5. A person may bring a civil action for declaratory relief, 33 injunctive relief, and reasonable attorney fees and court costs 34 against a state entity that violates this chapter. 35 -4- LSB 1276XS (6) 91 sc/ns 4/ 7

S.F. 156 Sec. 8. NEW SECTION . 135E.8 Actions challenging privacy 1 laws. 2 1. Notwithstanding any provision of law to the contrary, a 3 person who seeks declaratory or injunctive relief to prevent a 4 state entity from enforcing this chapter shall be liable to pay 5 the court costs and reasonable attorney fees of the prevailing 6 party, including the costs and reasonable attorney fees that 7 the prevailing party incurs in its efforts to recover court 8 costs and attorney fees. 9 2. For purposes of this section, a party is considered a 10 prevailing party if a state or federal court does any of the 11 following: 12 a. Dismisses a claim or cause of action brought against the 13 party that seeks the declaratory or injunctive relief described 14 by subsection 1, regardless of the reason for the dismissal. 15 b. Enters judgment in the party’s favor on a claim or cause 16 of action. 17 3. A prevailing party may recover court costs and attorney 18 fees under this section only to the extent that those court 19 costs and attorney fees were incurred while defending a claim 20 or cause of action on which the party prevailed. 21 Sec. 9. Section 216.9A, Code 2025, is amended to read as 22 follows: 23 216.9A Single and multiple occupancy restrooms or changing 24 areas in schools Private spaces of public entities —— use by 25 persons of same biological sex. 26 It shall not be an unfair or discriminatory practice for a 27 school an entity governed by chapter 135E or section 280.33 to 28 require a single or multiple occupancy restroom or changing 29 area space governed by chapter 135E or section 280.33 to be 30 designated only for and used by persons of the same biological 31 sex as provided in chapter 135E and section 280.33 . It shall 32 not be an unfair or discriminatory practice to prohibit a 33 person from using such a single or multiple occupancy restroom 34 or changing area space that does not correspond with the 35 -5- LSB 1276XS (6) 91 sc/ns 5/ 7

S.F. 156 person’s biological sex as provided in chapter 135E and section 1 280.33 . 2 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill requires state entities, defined to include 8 cities and counties, but to exclude public schools to the 9 extent governed under current law, to designate each private 10 space located within a facility owned, operated, or controlled 11 by the state entity for use only by persons of a single 12 biological sex. However, a state entity may still provide for 13 single-occupancy private spaces, and for family restrooms, 14 changing rooms, or sleeping quarters. 15 The bill prohibits a person from entering a private space 16 located within a facility owned, operated, or controlled by 17 a state entity that is designated for use by persons of the 18 opposite biological sex. The bill provides exceptions for 19 custodial, maintenance, inspection, medical, and emergency 20 purposes, for individuals in need of or providing assistance, 21 and for children under the age of 10 who are accompanying 22 a caregiver. A violation of this provision is a simple 23 misdemeanor; however, if it is for purposes of sexual 24 gratification, the violation is an aggravated misdemeanor. A 25 simple misdemeanor is punishable by confinement for no more 26 than 30 days and a fine of at least $105 but not more than $855, 27 and an aggravated misdemeanor is punishable by confinement for 28 no more than two years and a fine of at least $855 but not more 29 than $8,540. 30 The bill provides that a state entity that violates the 31 bill’s provisions is subject to a civil penalty of $5,000 for 32 the first violation and $25,000 for each subsequent violation. 33 Civil penalties collected by the attorney general under the 34 bill must be deposited in the victim compensation fund. 35 -6- LSB 1276XS (6) 91 sc/ns 6/ 7

S.F. 156 The bill allows a resident of the state to file a complaint 1 with the attorney general concerning a violation of the bill 2 by a state entity if the person has given written notice to 3 the state entity describing the violation and the state entity 4 does not cure the violation within three business days after 5 receiving the written notice. The attorney general is required 6 to investigate the claim of a violation, and a state entity 7 must provide any information the attorney general requests in 8 connection with the complaint. 9 The bill requires the attorney general to provide a notice 10 to the state entity if the attorney general finds that legal 11 action is warranted. If the state entity does not cure the 12 violation within 15 days of receiving the notice, the attorney 13 general may take necessary legal action. In addition to 14 collecting the civil penalty, the attorney general may recover 15 court costs and reasonable attorney fees. 16 The bill permits a person to bring a civil action for 17 declaratory relief, injunctive relief, and reasonable attorney 18 fees and court costs against a state entity that violates the 19 bill. The bill requires a person who seeks declaratory or 20 injunctive relief to prevent a state entity from enforcing the 21 bill to pay the court costs and attorney fees of the prevailing 22 party. 23 The bill provides that a state entity requiring a private 24 space to be designated and used by persons of the same 25 biological sex does not constitute an unfair or discriminatory 26 practice in violation of the Iowa civil rights Act, Code 27 chapter 216. 28 The bill takes effect upon enactment. 29 -7- LSB 1276XS (6) 91 sc/ns 7/ 7