EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0486*
SENATE BILL 486
D5, L1, L3 2lr0579
SB 401/20 – JPR & EHE CF 2lr1293
By: Senators Kagan, Waldstreicher, and Washington
Introduced and read first time: January 27, 2022
Assigned to: Judicial Proceedings and Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Places of Public Accommodation and Public Buildings – Gender–Inclusive 2
Signage 3
FOR the purpose of requiring that single–occupancy public restrooms be marked with 4
gender–inclusive signage in certain places of public accommodation and certain 5
public buildings; providing that a county is responsible for enforcing the signage 6
requirement in places of public accommodation; authorizing a county to set certain 7
fines for second and subsequent violations; and generally relating to 8
single–occupancy public restrooms in places of public accommodation and public 9
buildings. 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 2–801 and 2–803 to be under the amended subtitle “Subtitle 8. Public 13
Restrooms” 14
Annotated Code of Maryland 15
(2021 Replacement Volume) 16
BY adding to 17
Article – State Finance and Procurement 18
Section 2–803 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
BY repealing and reenacting, without amendments, 22
Article – State Government 23
Section 20–301 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
BY adding to 27 2 SENATE BILL 486
Article – State Government 1
Section 20–307 2
Annotated Code of Maryland 3
(2021 Replacement Volume) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – State Finance and Procurement 7
Subtitle 8. [Changing Facilities] PUBLIC RESTROOMS. 8
2–801. 9
(a) In this subtitle the following words have the meanings indicated. 10
(b) “Changing facility” means a table or other device suitable for changing the 11
diaper of a child under the age of 4 years and providing personal care for an adult. 12
(c) (1) “Public building” means a building, a structure, or an improved area 13
that is: 14
(i) owned by the State or a political subdivision of the State; or 15
(ii) constructed for lease by the State or a political subdivision of 16
the State. 17
(2) “Public building” includes: 18
(i) a public mass transportation accommodation, such as a 19
terminal or station, that is supported by public funds; and 20
(ii) an improvement of a public area used for gathering or 21
amusement, including a public park or recreation center. 22
(3) “Public building” does not include a facility that is primarily used to 23
provide primary or secondary education. 24
(d) “Public restroom” means a sanitary facility available to the general public 25
that contains at least one toilet or urinal. 26
(E) “SINGLE–OCCUPANCY PUBLIC RES TROOM” MEANS A PUBLIC 27
RESTROOM THAT : 28
(1) IS FULLY ENCLOSED ; 29
SENATE BILL 486 3
(2) MAY BE LOCKED BY THE USER; AND 1
(3) CONTAINS ONLY ONE TO ILET. 2
[(e)] (F) “Substantial renovation” means a construction or renovation project 3
with an estimated cost of $30,000 or more. 4
2–803. 5
ANY SINGLE–OCCUPANCY PUBLIC RES TROOM IN A PUBLIC BU ILDING SHALL 6
BE MARKED WITH GENDE R–INCLUSIVE SIGNAGE TH AT: 7
(1) (I) DOES NOT INDICATE A SPECIFIC GENDER ; 8
(II) CONTAINS DESCRIPTIVE LANGUAGE, SUCH AS THE WORDS 9
“RESTROOM”, “BATHROOM ”, OR “TOILET”; AND 10
(III) CONTAINS A PICTURE O R AN ICON THAT DOES NOT 11
SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 12
GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET; OR 13
(2) CONTAINS ONLY A PICT URE OR AN ICON THAT DOES NOT 14
SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 15
GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET. 16
[2–803.] 2–804. 17
(a) The Department of General Services, the University System of Maryland, 18
and the Department of Transportation are responsible for the enforcement of this subtitle 19
in the public buildings under each entity’s control if: 20
(1) any State capital nonschool funds are used; or 21
(2) construction is on State–owned land. 22
(b) The governing body of a political subdivision is responsible for the 23
enforcement of this subtitle if: 24
(1) construction is not on State–owned land; 25
(2) funds of the political subdivision are used; and 26
(3) no State funds are used, except for State funds for school construction. 27
(c) (1) An entity responsible for the enforcement of this subtitle shall report 28 4 SENATE BILL 486
the location of a changing facility to 2–1–1 Maryland, Inc., when the changing facility is 1
installed. 2
(2) 2–1–1 Maryland, Inc., shall maintain on its website a list containing 3
all the locations of the changing facilities reported under paragraph (1) of this subsection. 4
Article – State Government 5
20–301. 6
In this subtitle, “place of public accommodation” means: 7
(1) an inn, hotel, motel, or other establishment that provides lodging to 8
transient guests; 9
(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 10
other facility principally engaged in selling food or alcoholic beverages for consumption on 11
or off the premises, including a facility located on the premises of a retail establishment 12
or gasoline station; 13
(3) a motion picture house, theater, concert hall, sports arena, stadium, or 14
other place of exhibition or entertainment; 15
(4) a retail establishment that: 16
(i) is operated by a public or private entity; and 17
(ii) offers goods, services, entertainment, recreation, or 18
transportation; or 19
(5) an establishment: 20
(i) 1. that is physically located within the premises of any 21
other establishment covered by this subtitle; or 22
2. within the premises of which any other establishment 23
covered by this subtitle is physically located; and 24
(ii) that holds itself out as serving patrons of the covered 25
establishment. 26
20–307. 27
(A) IN THIS SECTION, “SINGLE–OCCUPANCY PUBLIC RES TROOM” MEANS A 28
SANITARY FACILITY AV AILABLE TO THE GENER AL PUBLIC THAT: 29
SENATE BILL 486 5
(1) IS FULLY ENCLOSED ; 1
(2) MAY BE LOCKED BY THE USER; AND 2
(3) CONTAINS ONLY ONE TO ILET. 3
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
ANY SINGLE –OCCUPANCY PUBLIC RESTROOM IN A PLACE OF PUBLIC 5
ACCOMMODATION SHALL BE MARKED WITH GENDE R–INCLUSIVE SIGNAGE TH AT: 6
(I) 1. DOES NOT INDICATE A SPECIFIC GENDER ; 7
2. CONTAINS DESCRIPTIVE LANGUAGE, SUCH AS THE 8
WORDS “RESTROOM”, “BATHROOM ”, OR “TOILET”; AND 9
3. CONTAINS A PICTURE OR AN ICON THAT DOES NOT 10
SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 11
GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET; OR 12
(II) CONTAINS ONLY A PICT URE OR AN ICON THAT DOES NOT 13
SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 14
GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET. 15
(2) A PLACE OF PUBLIC ACCO MMODATION THAT , BEFORE OCTOBER 16
1, 2022, MARKED A SINGLE –OCCUPANCY PUBLIC RES TROOM WITH SIGNA GE THAT 17
IDENTIFIES THE RESTR OOM AS GENDER –INCLUSIVE BUT DOES N OT OTHERWISE 18
COMPLY WITH THE REQU IREMENTS OF PARAGRAP H (1) OF THIS SUBSECTION M AY 19
CONTINUE TO USE THAT SIGNAGE FOR THE PUBL IC RESTROOM. 20
(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, A COUNTY 21
SHALL BE RESPONSIBLE FOR ENFORCING SUBSEC TION (B) OF THIS SECTION FOR 22
EACH PLACE OF PUBLIC ACCOMMODATION WITHIN ITS JURISDICTION. 23
(D) (1) SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS SUBSECTION , 24
EACH COUNTY MAY SET A CIVIL FINE OR SERI ES OF CIVIL FINES TO BE ISSUED TO A 25
PLACE OF PUBLIC ACCO MMODATION THAT VIOLA TES SUBSECTION (B) OF THIS 26
SECTION. 27
(2) IN SETTING FINES UNDE R THIS SUBSECTION , A COUNTY MAY NOT 28
SET A FINE THAT EXCE EDS: 29
(I) FOR A FIRST VIOLATIO N, A WARNING; 30
6 SENATE BILL 486
(II) FOR A SECOND VIOLA TION, A FINE OF $100; AND 1
(III) FOR A SUBSEQUENT VIO LATION, A FINE OF $250. 2
(3) A COUNTY MAY NOT IMPOS E A FINE UNDER THIS SUBSECTION ON 3
A PLACE OF PUBLIC AC COMMODATION UNTIL AT LEAST 30 DAYS AFTER THE 4
ISSUANCE OF A WARNIN G TO THE PLACE OF PU BLIC ACCOMMODATION . 5
(4) REVENUE COLLECTED UND ER THIS SUBSECTION M AY BE USED 6
ONLY FOR THE ENFORCE MENT OF THIS SECTION AND ANY ASSOCIATED 7
ADMINISTRATIVE COSTS . 8
(5) A CRIMINAL PENALTY MAY NOT BE IMPOSED ON A PLACE OF 9
PUBLIC ACCOMMODATION FOR A VIOLATION OF SUBSECTION (B) OF THIS SECTION. 10
SECTION 2. AND BE IT FURTHER ENACTED, That a county may not enforce 11
the provisions governing single–occupancy restrooms in places of public accommodation, 12
established under Section 1 of this Act, until 30 days after the enactment of this Act. 13
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15