SB79INTRODUCED
Page 0
SB79
C2K7QQW-1
By Senators Weaver, Bell, Livingston, Chambliss, Gudger,
Sessions, Kelley, Barfoot
RFD: County and Municipal Government
First Read: 04-Feb-25
1
2
3
4
5
6 C2K7QQW-1 12/05/2024 PMG (L)PMG 2024-3114
Page 1
First Read: 04-Feb-25
SYNOPSIS:
Under existing law, public schools must require
multiple occupancy restrooms and changing areas
designated for students to be used by individuals based
on their biological sex.
This bill would require correctional facilities,
domestic violence shelters, juvenile detention centers,
public schools, and public institutions of higher
education to designate multi-occupancy restrooms,
changing rooms, and sleeping quarters for the exclusive
use of either females or males and would require these
facilities and institutions to take reasonable steps to
provide individuals with privacy in these spaces from
members of the opposite sex.
This bill would prohibit entry into a restroom
or changing room designated for females or males, and
in certain settings would prohibit the sharing of
sleeping quarters, unless an individual is a member of
that sex.
This bill would provide exceptions.
This bill would provide a cause of action
against a correctional facility, domestic violence
shelter, juvenile detention center, public school, or
public institution of higher education by an individual
who, while accessing a restroom or changing room
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB79 INTRODUCED
Page 2
who, while accessing a restroom or changing room
designated for use by their sex, encounters an
individual of the opposite sex in that restroom or
changing room.
This bill would also define terms, including
"male" and "female."
A BILL
TO BE ENTITLED
AN ACT
Relating to access to bathrooms and private spaces; to
amend Section 16-1-54, Code of Alabama 1975; to require
correctional facilities, domestic violence shelters, juvenile
detention centers, public schools, and public institutions of
higher education to designate multi-occupancy restrooms,
changing rooms, and sleeping quarters for the exclusive use of
either females or males and take measures to prevent access by
the opposite sex; to prohibit entry by an individual of the
opposite sex into these private spaces in certain settings; to
provide a cause of action against a facility or institution to
an individual who encounters an individual of the opposite sex
in a restroom or changing room; and to define certain terms.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the
following terms have the following meanings:
(1) CHANGING ROOM. A room or area in which an
individual may be in a state of undress in the presence of
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB79 INTRODUCED
Page 3
individual may be in a state of undress in the presence of
others. The term includes a locker room or shower room.
(2) COVERED ENTITY. Any of the following:
a. A correctional facility supervised and controlled by
the Alabama Department of Corrections. The term does not
include a county or municipal jail or other local correctional
facility.
b. A domestic violence center as defined in Section
30-6-1, Code of Alabama 1975.
c. A youth detention facility licensed by the
Department of Youth Services.
(3) FEMALE. An individual who has, had, or will have,
or would have, but for a developmental or genetic anomaly or
historical accident, the reproductive system that at some
point produces, transports, and utilizes eggs for
fertilization.
(4) MALE. An individual who has, had, will have, or
would have, but for a developmental or genetic anomaly or
historical accident, the reproductive system that at some
point produces, transports, and utilizes sperm for
fertilization.
(5) MULTI-OCCUPANCY. Designed for use by multiple
individuals simultaneously.
(6) RESTROOM. A room that includes one or more toilets
or urinals.
(7) SLEEPING QUARTERS. A room with more than one bed
and in which more than one individual is housed overnight.
(b)(1) A covered entity shall designate each
multi-occupancy restroom, changing room, and sleeping quarters
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB79 INTRODUCED
Page 4
multi-occupancy restroom, changing room, and sleeping quarters
for the exclusive use of either females or males.
(2) Every restroom, changing room, or sleeping quarters
within a covered entity that is designated for females or
males shall only be used by members of that sex. No individual
shall enter a restroom, changing room, or sleeping quarters
designated for females or males unless he or she is a member
of that sex.
(3) A covered entity shall take reasonable steps to
provide individuals with privacy in restrooms, changing rooms,
and sleeping quarters from members of the opposite sex.
(4) This subsection shall not apply to an individual
who enters a restroom, changing room, or sleeping quarters
designated for the opposite sex in any of the following
circumstances, provided that the restroom, changing room, or
sleeping quarters is not in use:
a. To perform custodial services or maintenance.
b. To render medical assistance.
c. To render assistance by law enforcement.
d. To provide services or render aid during a natural
disaster, a declared emergency, or when necessary to prevent a
serious threat to good order or safety.
(5) Nothing in this subsection shall be construed to
prohibit a covered entity from doing any of the following:
a. Adopting policies necessary to accommodate
individuals protected under the Americans with Disabilities
Act, young children in need of assistance, or elderly
individuals requiring aid.
b. Establishing single-occupancy restrooms, changing
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB79 INTRODUCED
Page 5
b. Establishing single-occupancy restrooms, changing
rooms, or sleeping quarters, or family restrooms, changing
rooms, or sleeping quarters.
c. Redesignating a multi-occupancy restroom, changing
room, or sleeping quarters designated for exclusive use by one
sex to a designation for exclusive use by the opposite sex.
(c)(1) An individual who, while accessing a restroom or
changing room designated for use by their sex, encounters an
individual of the opposite sex in that restroom or changing
room has a private cause of action for declaratory and
injunctive relief against the covered entity if the covered
entity did either of the following:
a. Provided the individual permission to use the
restroom or changing room of the opposite sex.
b. Failed to take reasonable steps to prohibit the
individual of the opposite sex from using the restroom or
changing room of the opposite sex.
(2) An individual who is required by the covered entity
to share sleeping quarters with an individual of the opposite
sex has a private cause of action for declaratory and
injunctive relief against the covered entity.
(3) There shall be a rebuttable presumption that
requiring an individual to be housed with members of the
opposite sex at a covered entity has caused cognizable harm to
the injured individual.
(4) All civil actions brought pursuant to this
subsection must be initiated within two years after the
violation occurred. An individual aggrieved under this section
who prevails in court may recover reasonable attorney fees and
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB79 INTRODUCED
Page 6
who prevails in court may recover reasonable attorney fees and
costs from the offending covered entity.
Section 2. Section 16-1-54, Code of Alabama 1975, is
amended to read as follows:
"ยง16-1-54
(a) For the purposes of this section, the following
terms have the following meanings:
(1) BIOLOGICAL SEX. The physical condition of being
male or female, as stated on the individual's original birth
certificate.
(2) MULTIPLE OCCUPANCY RESTROOM OR CHANGING AREA. An
area in a public K-12 school building designed or designated
to be used by more than one individual student at a time,
where students may be in various stages
(1) CHANGING ROOM. A room or area in which an
individual may be in a various state of undress in the
presence of other students or individuals. The term may
include, but is not limited to, a school restroom, locker
room, changing room, or shower room.
(2) FEMALE. An individual who has, had, or will have,
or would have, but for a developmental or genetic anomaly or
historical accident, the reproductive system that at some
point produces, transports, and utilizes eggs for
fertilization.
(3) MALE. An individual who has, had, will have, or
would have, but for a developmental or genetic anomaly or
historical accident, the reproductive system that at some
point produces, transports, and utilizes sperm for
fertilization.
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB79 INTRODUCED
Page 7
fertilization.
(4) PUBLIC INSTITUTION OF HIGHER EDUCATION. The term as
defined in Section 16-5-1.
(5) PUBLIC SCHOOL. Any public K-12 school. The term
does not include nonpublic schools, parochial or church
schools, religious schools, or any home schooling family.
(6) RESTROOM. A room that includes one or more toilets
or urinals.
(7) SEX. When the term is used to classify or describe
a natural person, the state of being male or female as
observed or clinically verified at birth.
(b) A public K-12 school or public institution of
higher education shall require every multiple occupancy
restroom or changing area designated for student use to be
used by individuals based on their biological sex designated
for exclusive use by either females or males .
(c) A restroom or changing room within a public school
or public institution of higher education that is designated
for males or females shall be used only by members of that
sex. No individual shall enter a restroom or changing room
designated for one sex unless he or she is a member of that
sex.
(d) A public school or public institution of higher
education shall take reasonable steps to provide individuals
with privacy in restrooms and changing rooms from members of
the opposite sex.
(e) In any other facility or setting in a public school
or public institution of higher education where an individual
may be in a state of undress in the presence of others, school
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB79 INTRODUCED
Page 8
may be in a state of undress in the presence of others, school
personnel shall provide separate, private areas designated for
use by individuals based on their sex, and no individual shall
enter these private areas unless he or she is a member of the
designated sex.
(f) This section does not apply to individuals entering
a multiple occupancy restroom or changing area designated for
use by the opposite sex when entering in any of the following
circumstances:
(1) For custodial purposes.
(2) For maintenance or inspection purposes.
(3) To render medical assistance.
(4) To accompany a student needing assistance when the
assisting individual is an employee of the local board of
education or the student's parent or authorized caregiver.
(5) To receive assistance in using the area.
(6) When the restroom has been temporarily designated
for use by that individual's biological sex.
(g) An individual who, while accessing a restroom or
changing room covered by this section, encounters an
individual of the opposite sex in the restroom or changing
room has a private cause of action against the public school
or public institution of higher education that did either of
the following:
(1) Gave the individual of the opposite sex permission
to use the restroom or changing room.
(2) Failed to take reasonable steps to prohibit the
individual of the opposite sex from entering the restroom or
changing room.
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB79 INTRODUCED
Page 9
changing room.
(h) All civil actions under this section must be
initiated within two years from the date that the harm
occurred.
(i) An individual who prevails on a claim brought
pursuant to this section shall be entitled to recover
declaratory and injunctive relief, monetary damages, along
with reasonable attorney fees and costs. "
Section 3. This act shall become effective on October
1, 2025.
225
226
227
228
229
230
231
232
233