SF 156 (LSB 1276XS (6) 91)

SENATE FILE 156

BY  WESTRICH

A BILL FOR

An Act relating to policies for certain private spaces in facilities of public entities, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135E.1  Definitions.
   For purposes of this chapter:
   1.  “Biological sex” means the biological condition of being male or female, as determined by any of the following:
   a.  The chromosomes, sex organs, and endogenous profiles of a person.
   b.  A person’s original birth certificate, if the biological sex is correctly stated on the birth certificate as indicated by the biological sex being entered at or near the time of birth and modified only to correct a clerical error.
   2.  “Private space” means a facility designed or designated for use by more than one person at a time, where a person may be in a state of undress in the presence of another person, regardless of whether the facility provides curtains or partial walls for privacy. “Private space” includes but is not limited to a restroom, locker room, changing room, shower room, or sleeping quarter.
   3.  “Single-occupancy private space” means a facility designed or designated for use by only one person at a time, where a person may be in a state of undress, including but not limited to a single toilet restroom with a locking door or a sleeping quarter that accommodates a single occupant.
   4.  “State entity” means the state, including but not limited to a state agency, department, division, board, commission, institution, or authority; a city; a county; a township; or any other political subdivision or special district in this state as established pursuant to state or local law. “State entity” does not include a public school to the extent the public school is governed by section 280.33.
    Sec. 2.  NEW SECTION.  135E.2  Designation and use of private spaces.
   1.  A state entity shall require each private space located within a facility owned, operated, or controlled by the state entity to be designated only for and used by persons of the same biological sex.
   2.  This section shall not be construed to prohibit a state entity from doing any of the following:
   a.  Adopting policies necessary to accommodate persons protected under the federal Americans with Disabilities Act of 1990, young children in need of assistance, or elderly persons in need of assistance.
   b.  Establishing a single-occupancy private space or a family restroom, changing room, or sleeping quarter.
   c.  Redesignating a private space designated for exclusive use by one biological sex to a designation for exclusive use by the opposite biological sex.
   d.  Providing an accommodation, including a single-occupancy private space, on request due to special circumstances. The state entity shall not provide an accommodation under this paragraph that allows a person to use a private space designated for the biological sex opposite to the person’s biological sex.
    Sec. 3.  NEW SECTION.  135E.3  Use by opposite biological sex prohibited —— penalty —— exceptions.
   1.  A person shall not enter a private space located within a facility owned, operated, or controlled by a state entity that is designated for use by persons of the opposite biological sex.
   2.  Subsection 1 does not apply to any of the following:
   a.  A person entering a private space designated for the biological sex opposite to the person’s biological sex for any of the following reasons:
   (1)  A custodial purpose.
   (2)  A maintenance or inspection purpose.
   (3)  To render medical or other emergency assistance.
   (4)  To accompany a person needing assistance in using the facility.
   (5)  To receive assistance in using the facility.
   b.  A child entering a private space designated for the biological sex opposite to the child’s biological sex if the child is younger than ten years of age and accompanying a person caring for the child.
   3.  A person who violates subsection 1 is guilty of a simple misdemeanor. However, a person who violates subsection 1 for purposes of sexual gratification is guilty of an aggravated misdemeanor.
    Sec. 4.  NEW SECTION.  135E.4  Civil penalty.
   1.  A state entity that violates this chapter is subject to a civil penalty not to exceed five thousand dollars for the first violation and not to exceed twenty-five thousand dollars for a subsequent violation.
   2.  Civil penalties collected by the attorney general under this chapter shall be deposited in the victim compensation fund established under section 915.94.
    Sec. 5.  NEW SECTION.  135E.5  Complaint.
   1.  A resident of this state may file a complaint with the office of the attorney general that a state entity is in violation of this chapter if all of the following apply:
   a.  The person provides the state entity a written notice that describes the violation.
   b.  The state entity does not cure the violation before the end of the third business day after the date of receiving the written notice.
   2.  A complaint filed under this section must include all of the following:
   a.  A copy of the written notice.
   b.  The person’s sworn statement or affidavit describing the violation and indicating that the person provided the notice required by this section.
    Sec. 6.  NEW SECTION.  135E.6  Duties of attorney general.
   1.  The attorney general shall investigate a complaint filed under section 135E.5 to determine whether legal action is warranted.
   2.  The state entity that is the subject of the complaint shall provide to the attorney general any information the attorney general requests in connection with the complaint, including but not limited to all of the following:
   a.  A supporting document related to the complaint.
   b.  A statement regarding whether the entity has complied or intends to comply with this chapter.
   3.  If the attorney general determines that legal action is warranted, the attorney general shall provide the appropriate officer of the state entity charged with the violation a written notice that includes all of the following:
   a.  A description of the violation and the location of the private space found to be in violation.
   b.  The amount of the proposed penalty for the violation.
   c.  A notice that the state entity must cure the violation on or before the fifteenth day after the date the notice under this subsection is received to avoid the penalty.
    Sec. 7.  NEW SECTION.  135E.7  Enforcement.
   1.  If, after receipt of the notice under section 135E.6, the state entity has not cured the violation on or before the fifteenth day after the date the notice is provided, the attorney general may take legal action necessary to collect the civil penalty provided by section 135E.4.
   2.  In addition to legal action under subsection 1, the attorney general may seek an injunction or apply for other appropriate equitable relief.
   3.  Legal action under this section shall be brought and maintained in the district court of Polk county, Iowa, or the district court of the county in which the state entity’s principal office is located.
   4.  The attorney general shall recover reasonable expenses incurred in obtaining relief under this section, including but not limited to court costs, reasonable attorney fees, investigative costs, witness fees, and deposition costs.
   5.  A person may bring a civil action for declaratory relief, injunctive relief, and reasonable attorney fees and court costs against a state entity that violates this chapter.
    Sec. 8.  NEW SECTION.  135E.8  Actions challenging privacy laws.
   1.  Notwithstanding any provision of law to the contrary, a person who seeks declaratory or injunctive relief to prevent a state entity from enforcing this chapter shall be liable to pay the court costs and reasonable attorney fees of the prevailing party, including the costs and reasonable attorney fees that the prevailing party incurs in its efforts to recover court costs and attorney fees.
   2.  For purposes of this section, a party is considered a prevailing party if a state or federal court does any of the following:
   a.  Dismisses a claim or cause of action brought against the party that seeks the declaratory or injunctive relief described by subsection 1, regardless of the reason for the dismissal.
   b.  Enters judgment in the party’s favor on a claim or cause of action.
   3.  A prevailing party may recover court costs and attorney fees under this section only to the extent that those court costs and attorney fees were incurred while defending a claim or cause of action on which the party prevailed.
    Sec. 9.  Section 216.9A, Code 2025, is amended to read as follows:
   216.9A  Single and multiple occupancy restrooms or changing areas in schools Private spaces of public entities —— use by persons of same biological sex.
   It shall not be an unfair or discriminatory practice for a school an entity governed by chapter 135E or section 280.33 to require a single or multiple occupancy restroom or changing area space governed by chapter 135E or section 280.33 to be designated only for and used by persons of the same biological sex as provided in chapter 135E and section 280.33. It shall not be an unfair or discriminatory practice to prohibit a person from using such a single or multiple occupancy restroom or changing area space that does not correspond with the person’s biological sex as provided in chapter 135E and section 280.33.
    Sec. 10.  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 state entities, defined to include cities and counties, but to exclude public schools to the extent governed under current law, to designate each private space located within a facility owned, operated, or controlled by the state entity for use only by persons of a single biological sex. However, a state entity may still provide for single-occupancy private spaces, and for family restrooms, changing rooms, or sleeping quarters. 
   The bill prohibits a person from entering a private space located within a facility owned, operated, or controlled by a state entity that is designated for use by persons of the opposite biological sex. The bill provides exceptions for custodial, maintenance, inspection, medical, and emergency purposes, for individuals in need of or providing assistance, and for children under the age of 10 who are accompanying a caregiver. A violation of this provision is a simple misdemeanor; however, if it is for purposes of sexual gratification, the violation is an aggravated misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855, and an aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. 
   The bill provides that a state entity that violates the bill’s provisions is subject to a civil penalty of $5,000 for the first violation and $25,000 for each subsequent violation. Civil penalties collected by the attorney general under the bill must be deposited in the victim compensation fund.
   The bill allows a resident of the state to file a complaint with the attorney general concerning a violation of the bill by a state entity if the person has given written notice to the state entity describing the violation and the state entity does not cure the violation within three business days after receiving the written notice. The attorney general is required to investigate the claim of a violation, and a state entity must provide any information the attorney general requests in connection with the complaint.
   The bill requires the attorney general to provide a notice to the state entity if the attorney general finds that legal action is warranted. If the state entity does not cure the violation within 15 days of receiving the notice, the attorney general may take necessary legal action. In addition to collecting the civil penalty, the attorney general may recover court costs and reasonable attorney fees.
   The bill permits a person to bring a civil action for declaratory relief, injunctive relief, and reasonable attorney fees and court costs against a state entity that violates the bill. The bill requires a person who seeks declaratory or injunctive relief to prevent a state entity from enforcing the bill to pay the court costs and attorney fees of the prevailing party.
   The bill provides that a state entity requiring a private space to be designated and used by persons of the same biological sex does not constitute an unfair or discriminatory practice in violation of the Iowa civil rights Act, Code chapter 216.
   The bill takes effect upon enactment.