Senate File 2055 - Introduced SENATE FILE 2055 BY SALMON A BILL FOR An Act prohibiting persons from entering single and multiple 1 occupancy restrooms or changing areas and other facilities 2 in public accommodations that do not correspond with the 3 persons biological sex, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5316XS (5) 90 cm/jh
S.F. 2055 Section 1. NEW SECTION . 216.9B Single and multiple 1 occupancy restrooms or changing areas in public accommodations 2 use by persons of same biological sex. 3 1. As used in this section: 4 a. Multiple occupancy restroom or changing area means an 5 area in a public accommodation building designed or designated 6 to be used by more than one person at a time, in which persons 7 may be in various stages of undress in the presence of other 8 persons. Multiple occupancy restroom or changing area includes 9 but is not limited to a restroom, locker room, changing room, 10 or shower room. 11 b. Sex means a persons biological sex as female or male, 12 as listed on a persons official birth certificate issued at or 13 near the time of the persons birth. 14 c. Single occupancy restroom or changing area means an area 15 in a public accommodation designed or designated to be used by 16 one person at a time, in which the person may be in various 17 stages of undress. Single occupancy restroom or changing area 18 includes a restroom, locker room, changing room, or shower 19 room. 20 2. It shall not be an unfair or discriminatory practice 21 for a public accommodation to require a single or multiple 22 occupancy restroom or changing area to be designated only for 23 and used by persons of the same biological sex as provided in 24 this section. It shall not be an unfair or discriminatory 25 practice to prohibit a person from using a single or multiple 26 occupancy restroom or changing area that does not correspond 27 with the persons biological sex as provided in this section. 28 3. A public accommodation shall require a multiple 29 occupancy restroom or changing area to be designated only for 30 and used by persons of the same sex. A person shall not enter 31 a multiple occupancy restroom or changing area, or a single 32 occupancy restroom or changing area designated only for persons 33 of the same sex, that does not correspond with the persons 34 sex. 35 -1- LSB 5316XS (5) 90 cm/jh 1/ 4
S.F. 2055 4. A person who, for any reason, desires greater privacy 1 when using a single or multiple occupancy restroom or changing 2 area, or other facility, may submit a request for access to 3 alternative facilities. The public accommodation official or 4 employee to whom a request is submitted shall evaluate such 5 request and shall, to the extent reasonable, offer options for 6 alternative facilities. In no event shall any accommodation 7 be made that includes access to a multiple occupancy restroom 8 or changing area or a single occupancy restroom or changing 9 area designated for use by persons of the opposite sex while 10 persons of the opposite sex are present or could be present. 11 Reasonable accommodations may include any of the following: 12 a. Access to a single occupancy restroom or changing area. 13 b. Access to a unisex single occupancy restroom or changing 14 area by only one person at a time. 15 c. Controlled use of staff or personnel multiple occupancy 16 restroom or changing area or a single occupancy restroom or 17 changing area. 18 5. This section shall not be construed to prohibit a public 19 accommodation from doing any of the following: 20 a. Adopting policies necessary to accommodate disabled 21 persons or young children in need of physical assistance when 22 using a multiple occupancy restroom or changing area, a single 23 occupancy restroom or changing area, or other facility. 24 b. Permitting access to a multiple occupancy restroom or 25 changing area, a single occupancy restroom or changing area, or 26 other facility for custodial or maintenance purposes when such 27 facility is not occupied by a member of the opposite sex. 28 c. Rendering medical assistance. 29 d. Permitting access to a multiple occupancy restroom or 30 changing area, a single occupancy restroom or changing area, or 31 other facility or setting during a natural disaster, emergency, 32 or when necessary to prevent a serious threat to a persons 33 safety. 34 6. a. A citizen of this state may file a complaint with 35 -2- LSB 5316XS (5) 90 cm/jh 2/ 4
S.F. 2055 the office of the attorney general that a public accommodation 1 is in violation of the provisions of this section if all of the 2 following are true: 3 (1) The citizen provides written notice to the public 4 accommodation describing the violation. 5 (2) The public accommodation does not cure the violation 6 within three business days after receiving written notice of 7 the violation. 8 b. A complaint filed pursuant to this section shall include 9 all of the following: 10 (1) A copy of the written notice delivered to the public 11 accommodation. 12 (2) A signed statement by the citizen describing the 13 violation and stating that notice was provided. 14 c. Upon receipt of a complaint, the attorney general shall 15 investigate the violation described in the complaint. If the 16 attorney general determines that no violation occurred or that 17 no further legal action is warranted, then the attorney general 18 shall send written notice of such determination to the citizen 19 who filed the complaint and to the public accommodation. If 20 the attorney general determines that legal action is warranted 21 to cure the violation, then the attorney general may file 22 an action in a court of competent jurisdiction seeking such 23 equitable relief as the attorney general deems appropriate. 24 d. This subsection shall not limit other remedies at law 25 or equity available to the aggrieved person against the public 26 accommodation. 27 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 28 importance, takes effect upon enactment. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 This bill requires public accommodations to designate and 33 allow the use of multiple occupancy restrooms and changing 34 areas only by persons of the same biological sex. The bill 35 -3- LSB 5316XS (5) 90 cm/jh 3/ 4
S.F. 2055 prohibits a person from entering a single or multiple occupancy 1 restroom or changing area in a public accommodation that does 2 not correspond with the persons biological sex. The bill 3 allows public accommodations to provide alternative facilities 4 upon a request to public accommodation officials or employees 5 for alternative facilities from the person. 6 The bill also allows any citizen of the state to file a 7 complaint of violation of the bill with the attorney general if 8 the citizen provides written notice to the public accommodation 9 describing the violation and the public accommodation does not 10 cure the violation within three business days after receiving 11 written notice. The complaint filed with the attorney general 12 must have a copy of the written notice that had been delivered 13 to the public accommodation and a signed statement by the 14 citizen describing the violation. The attorney general is 15 required to investigate the claim of a violation and pursue 16 legal action if warranted. 17 The bill provides that the actions required and prohibited 18 by the bill do not constitute unfair or discriminatory 19 practices in violation of the Iowa civil rights Act, Code 20 chapter 216. 21 The bill takes effect upon enactment. 22 -4- LSB 5316XS (5) 90 cm/jh 4/ 4