Maryland 2023 Regular Session

Maryland Senate Bill SB84 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 EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0084
6	6
7	7	SENATE BILL 84
8	8	D5, L1, L3 3lr0530
9	9	SB 486/22 – JPR & EHE (PRE–FILED) CF HB 40
10	10	By: Senator Kagan
11	11	Requested: October 10, 2022
12	12	Introduced and read first time: January 11, 2023
13	13	Assigned to: Judicial Proceedings and Education, Energy, and the Environment
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Places of Public Accommodation and Public Buildings – Gender–Inclusive 2
20	20	Signage 3
21	21
22	22	FOR the purpose of requiring that single–occupancy public restrooms be marked with 4
23	23	gender–inclusive signage in certain places of public accommodation and certain 5
24	24	public buildings; providing that a county is responsible for enforcing the signage 6
25	25	requirement in places of public accommodation; authorizing a county to set certain 7
26	26	fines for second and subsequent violations; and generally relating to 8
27	27	single–occupancy public restrooms in places of public accommodation and public 9
28	28	buildings. 10
29	29
30	30	BY repealing and reenacting, with amendments, 11
31	31	Article – State Finance and Procurement 12
32	32	Section 2–801 and 2–803 to be under the amended subtitle “Subtitle 8. Public 13
33	33	Restrooms” 14
34	34	Annotated Code of Maryland 15
35	35	(2021 Replacement Volume and 2022 Supplement) 16
36	36
37	37	BY adding to 17
38	38	Article – State Finance and Procurement 18
39	39	Section 2–803 19
40	40	Annotated Code of Maryland 20
41	41	(2021 Replacement Volume and 2022 Supplement) 21
42	42
43	43	BY repealing and reenacting, without amendments, 22
44	44	Article – State Government 23
45	45	Section 20–301 24
46	46	Annotated Code of Maryland 25
47	47	(2021 Replacement Volume and 2022 Supplement) 26
48	48	2 SENATE BILL 84
49	49
50	50
51	51	BY adding to 1
52	52	Article – State Government 2
53	53	Section 20–307 3
54	54	Annotated Code of Maryland 4
55	55	(2021 Replacement Volume and 2022 Supplement) 5
56	56
57	57	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58	58	That the Laws of Maryland read as follows: 7
59	59
60	60	Article – State Finance and Procurement 8
61	61
62	62	Subtitle 8. [Changing Facilities] PUBLIC RESTROOMS. 9
63	63
64	64	2–801. 10
65	65
66	66	(a) In this subtitle the following words have the meanings indicated. 11
67	67
68	68	(b) “Changing facility” means a table or other device suitable for changing the 12
69	69	diaper of a child under the age of 4 years and providing personal care for an adult. 13
70	70
71	71	(c) (1) “Public building” means a building, a structure, or an improved area 14
72	72	that is: 15
73	73
74	74	(i) owned by the State or a political subdivision of the State; or 16
75	75
76	76	(ii) constructed for lease by the State or a political subdivision of the 17
77	77	State. 18
78	78
79	79	(2) “Public building” includes: 19
80	80
81	81	(i) a public mass transportation accommodation, such as a terminal 20
82	82	or station, that is supported by public funds; and 21
83	83
84	84	(ii) an improvement of a public area used for gathering or 22
85	85	amusement, including a public park or recreation center. 23
86	86
87	87	(3) “Public building” does not include a facility that is primarily used to 24
88	88	provide primary or secondary education. 25
89	89
90	90	(d) “Public restroom” means a sanitary facility available to the general public that 26
91	91	contains at least one toilet or urinal. 27
92	92
93	93	(E) “SINGLE–OCCUPANCY PUBLIC RES TROOM” MEANS A PUBLIC 28
94	94	RESTROOM THAT : 29
95	95
96	96	(1) IS FULLY ENCLOSED ; 30 SENATE BILL 84 3
97	97
98	98
99	99
100	100	(2) MAY BE LOCKED BY THE USER; AND 1
101	101
102	102	(3) CONTAINS ONLY ONE TOILET. 2
103	103
104	104	[(e)] (F) “Substantial renovation” means a construction or renovation project 3
105	105	with an estimated cost of $30,000 or more. 4
106	106
107	107	2–803. 5
108	108
109	109	ANY SINGLE–OCCUPANCY PUBLIC RES TROOM IN A PUBLIC BU ILDING SHALL 6
110	110	BE MARKED WITH GENDE R–INCLUSIVE SIGNAGE TH AT: 7
111	111
112	112	(1) (I) DOES NOT INDICATE A SPECIFIC GENDER ; 8
113	113
114	114	(II) CONTAINS DESCRIPTIVE LANGUAGE, SUCH AS THE WORDS 9
115	115	“RESTROOM”, “BATHROOM ”, OR “TOILET”; AND 10
116	116
117	117	(III) CONTAINS A PICTURE O R AN ICON THAT DOES NOT SUGGEST 11
118	118	THAT THE RESTROOM IS AVAILABLE FOR USE ON LY BY A SPECIFIC GENDER , SUCH AS 12
119	119	A PICTURE OR AN ICON OF A TOILET; OR 13
120	120
121	121	(2) CONTAINS ONLY A PICT URE OR AN ICON THAT DOES NOT SUGGEST 14
122	122	THAT THE RESTROOM IS AVAILABLE FOR USE ON LY BY A SPECIFIC GEN DER, SUCH AS 15
123	123	A PICTURE OR AN ICON OF A TOILET. 16
124	124
125	125	[2–803.] 2–804. 17
126	126
127	127	(a) The Department of General Services, the University System of Maryland, and 18
128	128	the Department of Transportation are responsible for the enforcement of this subtitle in 19
129	129	the public buildings under each entity’s control if: 20
130	130
131	131	(1) any State capital nonschool funds are used; or 21
132	132
133	133	(2) construction is on State–owned land. 22
134	134
135	135	(b) The governing body of a political subdivision is responsible for the 23
136	136	enforcement of this subtitle if: 24
137	137
138	138	(1) construction is not on State–owned land; 25
139	139
140	140	(2) funds of the political subdivision are used; and 26
141	141
142	142	(3) no State funds are used, except for State funds for school construction. 27
143	143	4 SENATE BILL 84
144	144
145	145
146	146	(c) (1) An entity responsible for the enforcement of this subtitle shall report 1
147	147	the location of a changing facility to 2–1–1 Maryland, Inc., when the changing facility is 2
148	148	installed. 3
149	149
150	150	(2) 2–1–1 Maryland, Inc., shall maintain on its website a list containing all 4
151	151	the locations of the changing facilities reported under paragraph (1) of this subsection. 5
152	152
153	153	Article – State Government 6
154	154
155	155	20–301. 7
156	156
157	157	In this subtitle, “place of public accommodation” means: 8
158	158
159	159	(1) an inn, hotel, motel, or other establishment that provides lodging to 9
160	160	transient guests; 10
161	161
162	162	(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 11
163	163	other facility principally engaged in selling food or alcoholic beverages for consumption on 12
164	164	or off the premises, including a facility located on the premises of a retail establishment or 13
165	165	gasoline station; 14
166	166
167	167	(3) a motion picture house, theater, concert hall, sports arena, stadium, or 15
168	168	other place of exhibition or entertainment; 16
169	169
170	170	(4) a retail establishment that: 17
171	171
172	172	(i) is operated by a public or private entity; and 18
173	173
174	174	(ii) offers goods, services, entertainment, recreation, or 19
175	175	transportation; or 20
176	176
177	177	(5) an establishment: 21
178	178
179	179	(i) 1. that is physically located within the premises of any other 22
180	180	establishment covered by this subtitle; or 23
181	181
182	182	2. within the premises of which any other establishment 24
183	183	covered by this subtitle is physically located; and 25
184	184
185	185	(ii) that holds itself out as serving patrons of the c overed 26
186	186	establishment. 27
187	187
188	188	20–307. 28
189	189
190	190	(A) IN THIS SECTION, “SINGLE–OCCUPANCY PUBLIC RES TROOM” MEANS A 29
191	191	SANITARY FACILITY AV AILABLE TO THE GENER AL PUBLIC THAT: 30
192	192	SENATE BILL 84 5
193	193
194	194
195	195	(1) IS FULLY ENCLOSED ; 1
196	196
197	197	(2) MAY BE LOCKED BY THE USER; AND 2
198	198
199	199	(3) CONTAINS ONLY ONE TO ILET. 3
200	200
201	201	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
202	202	ANY SINGLE –OCCUPANCY PUBLIC RES TROOM IN A PLACE OF PUBLIC 5
203	203	ACCOMMODATION SHALL BE MARKED WITH GENDE R–INCLUSIVE SIGNAGE TH AT: 6
204	204
205	205	(I) 1. DOES NOT INDICATE A SPECIFIC GENDER ; 7
206	206
207	207	2. CONTAINS DESCRIPTIVE LANGUAGE , SUCH AS THE 8
208	208	WORDS “RESTROOM”, “BATHROOM ”, OR “TOILET”; AND 9
209	209
210	210	3. CONTAINS A PICTURE O R AN ICON THAT DOES NOT 10
211	211	SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 11
212	212	GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET ; OR 12
213	213
214	214	(II) CONTAINS ONLY A PICT URE OR AN ICON THAT DOES NOT 13
215	215	SUGGEST THAT THE RES TROOM IS AVAILABLE F OR USE ONLY BY A SPE CIFIC 14
216	216	GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET . 15
217	217
218	218	(2) A PLACE OF PUBLIC ACCO MMODATION THAT , BEFORE OCTOBER 16
219	219	1, 2023, MARKED A SINGLE –OCCUPANCY PUBLIC REST ROOM WITH SIGNAGE TH AT 17
220	220	IDENTIFIES THE RESTR OOM AS GENDER –INCLUSIVE BUT DOES N OT OTHERWISE 18
221	221	COMPLY WITH THE REQU IREMENTS OF PARAGRAP H (1) OF THIS SUBSECTION M AY 19
222	222	CONTINUE TO USE THAT SIGNAGE FOR THE PUBL IC RESTROOM. 20
223	223
224	224	(C) NOTWITHSTANDING A NY OTHER PROVISION O F THIS TITLE, A COUNTY 21
225	225	SHALL BE RESPONSIBLE FOR ENFORCING SUBSEC TION (B) OF THIS SECTION FOR 22
226	226	EACH PLACE OF PUBLIC ACCOMMODATION WITHIN ITS JURISDICTION. 23
227	227
228	228	(D) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , 24
229	229	EACH COUNTY MAY SET A CIVIL FINE OR SERI ES OF CIVIL FINES TO BE ISSUED TO A 25
230	230	PLACE OF PUBLIC ACCO MMODATION THAT VIOLA TES SUBSECTION (B) OF THIS 26
231	231	SECTION. 27
232	232
233	233	(2) IN SETTING FINES UNDE R THIS SUBSECTION , A COUNTY MAY NOT 28
234	234	SET A FINE THAT EXCE EDS: 29
235	235
236	236	(I) FOR A FIRST VIOLATIO N, A WARNING; 30
237	237	6 SENATE BILL 84
238	238
239	239
240	240	(II) FOR A SECOND VIOLATI ON, A FINE OF $100; AND 1
241	241
242	242	(III) FOR A SUBSEQUENT VIO LATION, A FINE OF $250. 2
243	243
244	244	(3) A COUNTY MAY NOT IMPOS E A FINE UNDER THIS SUBSECTION ON 3
245	245	A PLACE OF PUBLIC AC COMMODATION UNTIL AT LEAST 30 DAYS AFTER THE 4
246	246	ISSUANCE OF A WARNING TO THE PLACE OF PUBLIC ACCOMMODAT ION. 5
247	247
248	248	(4) REVENUE COLLECTED UND ER THIS SUBSECTION M AY BE USED 6
249	249	ONLY FOR THE ENFORCE MENT OF THIS SECTION AND ANY ASSOCIATED 7
250	250	ADMINISTRATIVE COSTS . 8
251	251
252	252	(5) A CRIMINAL PENALTY MAY NOT BE IMPOSED ON A PLACE OF 9
253	253	PUBLIC ACCOMMODATION FOR A VIOLATION OF SUBSECT ION (B) OF THIS SECTION. 10
254	254
255	255	SECTION 2. AND BE IT FURTHER ENACTED, That a county may not enforce the 11
256	256	provisions governing single–occupancy restrooms in places of public accommodation, 12
257	257	established under Section 1 of this Act, until 30 days after the enactment of this Act. 13
258	258
259	259	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
260	260	October 1, 2023. 15
261	261