Maryland 2022 Regular Session

Maryland Senate Bill SB486 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0486
6	6
7	7	SENATE BILL 486
8	8	D5, L1, L3 2lr0579
9	9	SB 401/20 – JPR & EHE CF 2lr1293
10	10	By: Senators Kagan, Waldstreicher, and Washington
11	11	Introduced and read first time: January 27, 2022
12	12	Assigned to: Judicial Proceedings and Education, Health, and Environmental Affairs
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Places of Public Accommodation and Public Buildings – Gender–Inclusive 2
19	19	Signage 3
20	20
21	21	FOR the purpose of requiring that single–occupancy public restrooms be marked with 4
22	22	gender–inclusive signage in certain places of public accommodation and certain 5
23	23	public buildings; providing that a county is responsible for enforcing the signage 6
24	24	requirement in places of public accommodation; authorizing a county to set certain 7
25	25	fines for second and subsequent violations; and generally relating to 8
26	26	single–occupancy public restrooms in places of public accommodation and public 9
27	27	buildings. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – State Finance and Procurement 12
31	31	Section 2–801 and 2–803 to be under the amended subtitle “Subtitle 8. Public 13
32	32	Restrooms” 14
33	33	Annotated Code of Maryland 15
34	34	(2021 Replacement Volume) 16
35	35
36	36	BY adding to 17
37	37	Article – State Finance and Procurement 18
38	38	Section 2–803 19
39	39	Annotated Code of Maryland 20
40	40	(2021 Replacement Volume) 21
41	41
42	42	BY repealing and reenacting, without amendments, 22
43	43	Article – State Government 23
44	44	Section 20–301 24
45	45	Annotated Code of Maryland 25
46	46	(2021 Replacement Volume) 26
47	47
48	48	BY adding to 27 2 SENATE BILL 486
49	49
50	50
51	51	Article – State Government 1
52	52	Section 20–307 2
53	53	Annotated Code of Maryland 3
54	54	(2021 Replacement Volume) 4
55	55
56	56	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57	57	That the Laws of Maryland read as follows: 6
58	58
59	59	Article – State Finance and Procurement 7
60	60
61	61	Subtitle 8. [Changing Facilities] PUBLIC RESTROOMS. 8
62	62
63	63	2–801. 9
64	64
65	65	(a) In this subtitle the following words have the meanings indicated. 10
66	66
67	67	(b) “Changing facility” means a table or other device suitable for changing the 11
68	68	diaper of a child under the age of 4 years and providing personal care for an adult. 12
69	69
70	70	(c) (1) “Public building” means a building, a structure, or an improved area 13
71	71	that is: 14
72	72
73	73	(i) owned by the State or a political subdivision of the State; or 15
74	74
75	75	(ii) constructed for lease by the State or a political subdivision of 16
76	76	the State. 17
77	77
78	78	(2) “Public building” includes: 18
79	79
80	80	(i) a public mass transportation accommodation, such as a 19
81	81	terminal or station, that is supported by public funds; and 20
82	82
83	83	(ii) an improvement of a public area used for gathering or 21
84	84	amusement, including a public park or recreation center. 22
85	85
86	86	(3) “Public building” does not include a facility that is primarily used to 23
87	87	provide primary or secondary education. 24
88	88
89	89	(d) “Public restroom” means a sanitary facility available to the general public 25
90	90	that contains at least one toilet or urinal. 26
91	91
92	92	(E) “SINGLE–OCCUPANCY PUBLIC RES TROOM” MEANS A PUBLIC 27
93	93	RESTROOM THAT : 28
94	94
95	95	(1) IS FULLY ENCLOSED ; 29
96	96	SENATE BILL 486 3
97	97
98	98
99	99	(2) MAY BE LOCKED BY THE USER; AND 1
100	100
101	101	(3) CONTAINS ONLY ONE TO ILET. 2
102	102
103	103	[(e)] (F) “Substantial renovation” means a construction or renovation project 3
104	104	with an estimated cost of $30,000 or more. 4
105	105
106	106	2–803. 5
107	107
108	108	ANY SINGLE–OCCUPANCY PUBLIC RES TROOM IN A PUBLIC BU ILDING SHALL 6
109	109	BE MARKED WITH GENDE R–INCLUSIVE SIGNAGE TH AT: 7
110	110
111	111	(1) (I) DOES NOT INDICATE A SPECIFIC GENDER ; 8
112	112
113	113	(II) CONTAINS DESCRIPTIVE LANGUAGE, SUCH AS THE WORDS 9
114	114	“RESTROOM”, “BATHROOM ”, OR “TOILET”; AND 10
115	115
116	116	(III) CONTAINS A PICTURE O R AN ICON THAT DOES NOT 11
117	117	SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 12
118	118	GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET; OR 13
119	119
120	120	(2) CONTAINS ONLY A PICT URE OR AN ICON THAT DOES NOT 14
121	121	SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 15
122	122	GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET. 16
123	123
124	124	[2–803.] 2–804. 17
125	125
126	126	(a) The Department of General Services, the University System of Maryland, 18
127	127	and the Department of Transportation are responsible for the enforcement of this subtitle 19
128	128	in the public buildings under each entity’s control if: 20
129	129
130	130	(1) any State capital nonschool funds are used; or 21
131	131
132	132	(2) construction is on State–owned land. 22
133	133
134	134	(b) The governing body of a political subdivision is responsible for the 23
135	135	enforcement of this subtitle if: 24
136	136
137	137	(1) construction is not on State–owned land; 25
138	138
139	139	(2) funds of the political subdivision are used; and 26
140	140
141	141	(3) no State funds are used, except for State funds for school construction. 27
142	142
143	143	(c) (1) An entity responsible for the enforcement of this subtitle shall report 28 4 SENATE BILL 486
144	144
145	145
146	146	the location of a changing facility to 2–1–1 Maryland, Inc., when the changing facility is 1
147	147	installed. 2
148	148
149	149	(2) 2–1–1 Maryland, Inc., shall maintain on its website a list containing 3
150	150	all the locations of the changing facilities reported under paragraph (1) of this subsection. 4
151	151
152	152	Article – State Government 5
153	153
154	154	20–301. 6
155	155
156	156	In this subtitle, “place of public accommodation” means: 7
157	157
158	158	(1) an inn, hotel, motel, or other establishment that provides lodging to 8
159	159	transient guests; 9
160	160
161	161	(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 10
162	162	other facility principally engaged in selling food or alcoholic beverages for consumption on 11
163	163	or off the premises, including a facility located on the premises of a retail establishment 12
164	164	or gasoline station; 13
165	165
166	166	(3) a motion picture house, theater, concert hall, sports arena, stadium, or 14
167	167	other place of exhibition or entertainment; 15
168	168
169	169	(4) a retail establishment that: 16
170	170
171	171	(i) is operated by a public or private entity; and 17
172	172
173	173	(ii) offers goods, services, entertainment, recreation, or 18
174	174	transportation; or 19
175	175
176	176	(5) an establishment: 20
177	177
178	178	(i) 1. that is physically located within the premises of any 21
179	179	other establishment covered by this subtitle; or 22
180	180
181	181	2. within the premises of which any other establishment 23
182	182	covered by this subtitle is physically located; and 24
183	183
184	184	(ii) that holds itself out as serving patrons of the covered 25
185	185	establishment. 26
186	186
187	187	20–307. 27
188	188
189	189	(A) IN THIS SECTION, “SINGLE–OCCUPANCY PUBLIC RES TROOM” MEANS A 28
190	190	SANITARY FACILITY AV AILABLE TO THE GENER AL PUBLIC THAT: 29
191	191	SENATE BILL 486 5
192	192
193	193
194	194	(1) IS FULLY ENCLOSED ; 1
195	195
196	196	(2) MAY BE LOCKED BY THE USER; AND 2
197	197
198	198	(3) CONTAINS ONLY ONE TO ILET. 3
199	199
200	200	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
201	201	ANY SINGLE –OCCUPANCY PUBLIC RESTROOM IN A PLACE OF PUBLIC 5
202	202	ACCOMMODATION SHALL BE MARKED WITH GENDE R–INCLUSIVE SIGNAGE TH AT: 6
203	203
204	204	(I) 1. DOES NOT INDICATE A SPECIFIC GENDER ; 7
205	205
206	206	2. CONTAINS DESCRIPTIVE LANGUAGE, SUCH AS THE 8
207	207	WORDS “RESTROOM”, “BATHROOM ”, OR “TOILET”; AND 9
208	208
209	209	3. CONTAINS A PICTURE OR AN ICON THAT DOES NOT 10
210	210	SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 11
211	211	GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET; OR 12
212	212
213	213	(II) CONTAINS ONLY A PICT URE OR AN ICON THAT DOES NOT 13
214	214	SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 14
215	215	GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET. 15
216	216
217	217	(2) A PLACE OF PUBLIC ACCO MMODATION THAT , BEFORE OCTOBER 16
218	218	1, 2022, MARKED A SINGLE –OCCUPANCY PUBLIC RES TROOM WITH SIGNA GE THAT 17
219	219	IDENTIFIES THE RESTR OOM AS GENDER –INCLUSIVE BUT DOES N OT OTHERWISE 18
220	220	COMPLY WITH THE REQU IREMENTS OF PARAGRAP H (1) OF THIS SUBSECTION M AY 19
221	221	CONTINUE TO USE THAT SIGNAGE FOR THE PUBL IC RESTROOM. 20
222	222
223	223	(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, A COUNTY 21
224	224	SHALL BE RESPONSIBLE FOR ENFORCING SUBSEC TION (B) OF THIS SECTION FOR 22
225	225	EACH PLACE OF PUBLIC ACCOMMODATION WITHIN ITS JURISDICTION. 23
226	226
227	227	(D) (1) SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS SUBSECTION , 24
228	228	EACH COUNTY MAY SET A CIVIL FINE OR SERI ES OF CIVIL FINES TO BE ISSUED TO A 25
229	229	PLACE OF PUBLIC ACCO MMODATION THAT VIOLA TES SUBSECTION (B) OF THIS 26
230	230	SECTION. 27
231	231
232	232	(2) IN SETTING FINES UNDE R THIS SUBSECTION , A COUNTY MAY NOT 28
233	233	SET A FINE THAT EXCE EDS: 29
234	234
235	235	(I) FOR A FIRST VIOLATIO N, A WARNING; 30
236	236	6 SENATE BILL 486
237	237
238	238
239	239	(II) FOR A SECOND VIOLA TION, A FINE OF $100; AND 1
240	240
241	241	(III) FOR A SUBSEQUENT VIO LATION, A FINE OF $250. 2
242	242
243	243	(3) A COUNTY MAY NOT IMPOS E A FINE UNDER THIS SUBSECTION ON 3
244	244	A PLACE OF PUBLIC AC COMMODATION UNTIL AT LEAST 30 DAYS AFTER THE 4
245	245	ISSUANCE OF A WARNIN G TO THE PLACE OF PU BLIC ACCOMMODATION . 5
246	246
247	247	(4) REVENUE COLLECTED UND ER THIS SUBSECTION M AY BE USED 6
248	248	ONLY FOR THE ENFORCE MENT OF THIS SECTION AND ANY ASSOCIATED 7
249	249	ADMINISTRATIVE COSTS . 8
250	250
251	251	(5) A CRIMINAL PENALTY MAY NOT BE IMPOSED ON A PLACE OF 9
252	252	PUBLIC ACCOMMODATION FOR A VIOLATION OF SUBSECTION (B) OF THIS SECTION. 10
253	253
254	254	SECTION 2. AND BE IT FURTHER ENACTED, That a county may not enforce 11
255	255	the provisions governing single–occupancy restrooms in places of public accommodation, 12
256	256	established under Section 1 of this Act, until 30 days after the enactment of this Act. 13
257	257
258	258	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
259	259	October 1, 2022. 15
260	260