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Senate File 2055 - IntroducedA Bill ForAn Act 1prohibiting persons from entering single and multiple
2occupancy restrooms or changing areas and other facilities
3in public accommodations that do not correspond with the
4person’s biological sex, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.9B Single and multiple
2occupancy restrooms or changing areas in public accommodations —
3use by persons of same biological sex.
41. As used in this section:
5a. “Multiple occupancy restroom or changing area” means an
6area in a public accommodation building designed or designated
7to be used by more than one person at a time, in which persons
8may be in various stages of undress in the presence of other
9persons. “Multiple occupancy restroom or changing area” includes
10but is not limited to a restroom, locker room, changing room,
11or shower room.
12b. “Sex” means a person’s biological sex as female or male,
13as listed on a person’s official birth certificate issued at or
14near the time of the person’s birth.
15c. “Single occupancy restroom or changing area” means an area
16in a public accommodation designed or designated to be used by
17one person at a time, in which the person may be in various
18stages of undress. “Single occupancy restroom or changing area”
19includes a restroom, locker room, changing room, or shower
20room.
212. It shall not be an unfair or discriminatory practice
22for a public accommodation to require a single or multiple
23occupancy restroom or changing area to be designated only for
24and used by persons of the same biological sex as provided in
25this section. It shall not be an unfair or discriminatory
26practice to prohibit a person from using a single or multiple
27occupancy restroom or changing area that does not correspond
28with the person’s biological sex as provided in this section.
293. A public accommodation shall require a multiple
30occupancy restroom or changing area to be designated only for
31and used by persons of the same sex. A person shall not enter
32a multiple occupancy restroom or changing area, or a single
33occupancy restroom or changing area designated only for persons
34of the same sex, that does not correspond with the person’s
35sex.
-1- 14. A person who, for any reason, desires greater privacy
2when using a single or multiple occupancy restroom or changing
3area, or other facility, may submit a request for access to
4alternative facilities. The public accommodation official or
5employee to whom a request is submitted shall evaluate such
6request and shall, to the extent reasonable, offer options for
7alternative facilities. In no event shall any accommodation
8be made that includes access to a multiple occupancy restroom
9or changing area or a single occupancy restroom or changing
10area designated for use by persons of the opposite sex while
11persons of the opposite sex are present or could be present.
12Reasonable accommodations may include any of the following:
13a. Access to a single occupancy restroom or changing area.
14b. Access to a unisex single occupancy restroom or changing
15area by only one person at a time.
16c. Controlled use of staff or personnel multiple occupancy
17restroom or changing area or a single occupancy restroom or
18changing area.
195. This section shall not be construed to prohibit a public
20accommodation from doing any of the following:
21a. Adopting policies necessary to accommodate disabled
22persons or young children in need of physical assistance when
23using a multiple occupancy restroom or changing area, a single
24occupancy restroom or changing area, or other facility.
25b. Permitting access to a multiple occupancy restroom or
26changing area, a single occupancy restroom or changing area, or
27other facility for custodial or maintenance purposes when such
28facility is not occupied by a member of the opposite sex.
29c. Rendering medical assistance.
30d. Permitting access to a multiple occupancy restroom or
31changing area, a single occupancy restroom or changing area, or
32other facility or setting during a natural disaster, emergency,
33or when necessary to prevent a serious threat to a person’s
34safety.
356. a. A citizen of this state may file a complaint with
-2-1the office of the attorney general that a public accommodation
2is in violation of the provisions of this section if all of the
3following are true:
4(1) The citizen provides written notice to the public
5accommodation describing the violation.
6(2) The public accommodation does not cure the violation
7within three business days after receiving written notice of
8the violation.
9b. A complaint filed pursuant to this section shall include
10all of the following:
11(1) A copy of the written notice delivered to the public
12accommodation.
13(2) A signed statement by the citizen describing the
14violation and stating that notice was provided.
15c. Upon receipt of a complaint, the attorney general shall
16investigate the violation described in the complaint. If the
17attorney general determines that no violation occurred or that
18no further legal action is warranted, then the attorney general
19shall send written notice of such determination to the citizen
20who filed the complaint and to the public accommodation. If
21the attorney general determines that legal action is warranted
22to cure the violation, then the attorney general may file
23an action in a court of competent jurisdiction seeking such
24equitable relief as the attorney general deems appropriate.
25d. This subsection shall not limit other remedies at law
26or equity available to the aggrieved person against the public
27accommodation.
28 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
29importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires public accommodations to designate and
34allow the use of multiple occupancy restrooms and changing
35areas only by persons of the same biological sex. The bill
-3-1prohibits a person from entering a single or multiple occupancy
2restroom or changing area in a public accommodation that does
3not correspond with the person’s biological sex. The bill
4allows public accommodations to provide alternative facilities
5upon a request to public accommodation officials or employees
6for alternative facilities from the person.
7The bill also allows any citizen of the state to file a
8complaint of violation of the bill with the attorney general if
9the citizen provides written notice to the public accommodation
10describing the violation and the public accommodation does not
11cure the violation within three business days after receiving
12written notice. The complaint filed with the attorney general
13must have a copy of the written notice that had been delivered
14to the public accommodation and a signed statement by the
15citizen describing the violation. The attorney general is
16required to investigate the claim of a violation and pursue
17legal action if warranted.
18The bill provides that the actions required and prohibited
19by the bill do not constitute unfair or discriminatory
20practices in violation of the Iowa civil rights Act, Code
21chapter 216.
22The bill takes effect upon enactment.
-4-cm/jh
2occupancy restrooms or changing areas and other facilities
3in public accommodations that do not correspond with the
4person’s biological sex, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.9B Single and multiple
2occupancy restrooms or changing areas in public accommodations —
3use by persons of same biological sex.
41. As used in this section:
5a. “Multiple occupancy restroom or changing area” means an
6area in a public accommodation building designed or designated
7to be used by more than one person at a time, in which persons
8may be in various stages of undress in the presence of other
9persons. “Multiple occupancy restroom or changing area” includes
10but is not limited to a restroom, locker room, changing room,
11or shower room.
12b. “Sex” means a person’s biological sex as female or male,
13as listed on a person’s official birth certificate issued at or
14near the time of the person’s birth.
15c. “Single occupancy restroom or changing area” means an area
16in a public accommodation designed or designated to be used by
17one person at a time, in which the person may be in various
18stages of undress. “Single occupancy restroom or changing area”
19includes a restroom, locker room, changing room, or shower
20room.
212. It shall not be an unfair or discriminatory practice
22for a public accommodation to require a single or multiple
23occupancy restroom or changing area to be designated only for
24and used by persons of the same biological sex as provided in
25this section. It shall not be an unfair or discriminatory
26practice to prohibit a person from using a single or multiple
27occupancy restroom or changing area that does not correspond
28with the person’s biological sex as provided in this section.
293. A public accommodation shall require a multiple
30occupancy restroom or changing area to be designated only for
31and used by persons of the same sex. A person shall not enter
32a multiple occupancy restroom or changing area, or a single
33occupancy restroom or changing area designated only for persons
34of the same sex, that does not correspond with the person’s
35sex.
-1- 14. A person who, for any reason, desires greater privacy
2when using a single or multiple occupancy restroom or changing
3area, or other facility, may submit a request for access to
4alternative facilities. The public accommodation official or
5employee to whom a request is submitted shall evaluate such
6request and shall, to the extent reasonable, offer options for
7alternative facilities. In no event shall any accommodation
8be made that includes access to a multiple occupancy restroom
9or changing area or a single occupancy restroom or changing
10area designated for use by persons of the opposite sex while
11persons of the opposite sex are present or could be present.
12Reasonable accommodations may include any of the following:
13a. Access to a single occupancy restroom or changing area.
14b. Access to a unisex single occupancy restroom or changing
15area by only one person at a time.
16c. Controlled use of staff or personnel multiple occupancy
17restroom or changing area or a single occupancy restroom or
18changing area.
195. This section shall not be construed to prohibit a public
20accommodation from doing any of the following:
21a. Adopting policies necessary to accommodate disabled
22persons or young children in need of physical assistance when
23using a multiple occupancy restroom or changing area, a single
24occupancy restroom or changing area, or other facility.
25b. Permitting access to a multiple occupancy restroom or
26changing area, a single occupancy restroom or changing area, or
27other facility for custodial or maintenance purposes when such
28facility is not occupied by a member of the opposite sex.
29c. Rendering medical assistance.
30d. Permitting access to a multiple occupancy restroom or
31changing area, a single occupancy restroom or changing area, or
32other facility or setting during a natural disaster, emergency,
33or when necessary to prevent a serious threat to a person’s
34safety.
356. a. A citizen of this state may file a complaint with
-2-1the office of the attorney general that a public accommodation
2is in violation of the provisions of this section if all of the
3following are true:
4(1) The citizen provides written notice to the public
5accommodation describing the violation.
6(2) The public accommodation does not cure the violation
7within three business days after receiving written notice of
8the violation.
9b. A complaint filed pursuant to this section shall include
10all of the following:
11(1) A copy of the written notice delivered to the public
12accommodation.
13(2) A signed statement by the citizen describing the
14violation and stating that notice was provided.
15c. Upon receipt of a complaint, the attorney general shall
16investigate the violation described in the complaint. If the
17attorney general determines that no violation occurred or that
18no further legal action is warranted, then the attorney general
19shall send written notice of such determination to the citizen
20who filed the complaint and to the public accommodation. If
21the attorney general determines that legal action is warranted
22to cure the violation, then the attorney general may file
23an action in a court of competent jurisdiction seeking such
24equitable relief as the attorney general deems appropriate.
25d. This subsection shall not limit other remedies at law
26or equity available to the aggrieved person against the public
27accommodation.
28 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
29importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires public accommodations to designate and
34allow the use of multiple occupancy restrooms and changing
35areas only by persons of the same biological sex. The bill
-3-1prohibits a person from entering a single or multiple occupancy
2restroom or changing area in a public accommodation that does
3not correspond with the person’s biological sex. The bill
4allows public accommodations to provide alternative facilities
5upon a request to public accommodation officials or employees
6for alternative facilities from the person.
7The bill also allows any citizen of the state to file a
8complaint of violation of the bill with the attorney general if
9the citizen provides written notice to the public accommodation
10describing the violation and the public accommodation does not
11cure the violation within three business days after receiving
12written notice. The complaint filed with the attorney general
13must have a copy of the written notice that had been delivered
14to the public accommodation and a signed statement by the
15citizen describing the violation. The attorney general is
16required to investigate the claim of a violation and pursue
17legal action if warranted.
18The bill provides that the actions required and prohibited
19by the bill do not constitute unfair or discriminatory
20practices in violation of the Iowa civil rights Act, Code
21chapter 216.
22The bill takes effect upon enactment.
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