Text of MD HB 1147 (2020)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1147* HOUSE BILL 1147 L1, L3, P1 0lr0991 CF SB 401 By: Delegates Solomon, Kelly, Acevero, B. Barnes, Barron, Boyce, Bridges, Carr, Charkoudian, Clippinger, Conaway, Cullison, Hill, Lehman, R. Lewis, Love, McIntosh, Mosby, Pena–Melnyk, and K. Young Introduced and read first time: February 6, 2020 Assigned to: Economic Matters and Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Places of Public Accommodation and Public Buildings – Single–Occupancy 2 Public Restrooms – Availability 3 (The Accessible to All Act) 4 FOR the purpose of requiring that a single–occupancy public restroom be marked with 5 certain gender–inclusive signage in certain places of public accommodation and 6 certain public buildings; authorizing certain places of public accommodation to use 7 certain gender–inclusive signage that was in use before a certain date; providing that 8 a county or municipality is responsible for enforcing the signage requirement in 9 places of public accommodation; authorizing a county or municipality to set a fine or 10 series of fines for a certain violation, with certain limitations; requiring that certain 11 fines collected by a county or municipality be used for a certain purpose; prohibiting 12 a county or municipality from enforcing certain provisions of this Act until a certain 13 date; defining certain terms; and generally relating to single–occupancy public 14 restrooms in places of public accommodation and public buildings. 15 BY repealing and reenacting, with amendments, 16 Article – State Finance and Procurement 17 Section 2–801 and 2–803 to be under the amended subtitle “Subtitle 8. Public 18 Restrooms” 19 Annotated Code of Maryland 20 (2015 Replacement Volume and 2019 Supplement) 21 BY adding to 22 Article – State Finance and Procurement 23 Section 2–803 24 Annotated Code of Maryland 25 (2015 Replacement Volume and 2019 Supplement) 26 2 HOUSE BILL 1147 BY repealing and reenacting, without amendments, 1 Article – State Government 2 Section 20–301 3 Annotated Code of Maryland 4 (2014 Replacement Volume and 2019 Supplement) 5 BY adding to 6 Article – State Government 7 Section 20–307 8 Annotated Code of Maryland 9 (2014 Replacement Volume and 2019 Supplement) 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That the Laws of Maryland read as follows: 12 Article – State Finance and Procurement 13 Subtitle 8. [Diaper–Changing Facilities] PUBLIC RESTROOMS. 14 2–801. 15 (a) In this subtitle the following words have the meanings indicated. 16 (b) “Diaper–changing facility” means a table or other device suitable for changing 17 the diaper of a child under the age of 4 years. 18 (c) (1) “Public building” means a building, a structure, or an improved area 19 that is: 20 (i) owned by the State or a political subdivision of the State; or 21 (ii) constructed for lease by the State or a political subdivision of the 22 State. 23 (2) “Public building” includes: 24 (i) a public mass transportation accommodation, such as a terminal 25 or station, that is supported by public funds; and 26 (ii) an improvement of a public area used for gathering or 27 amusement, including a public park or recreation center. 28 (3) “Public building” does not include a facility that is primarily used to 29 provide primary or secondary education. 30 (d) “Public restroom” means a sanitary facility available to the general public that 31 contains at least one toilet or urinal. 32 HOUSE BILL 1147 3 (E) “SINGLE–OCCUPANCY PUBLIC RESTROOM” MEANS A PUBLIC 1 RESTROOM THAT: 2 (1) IS FULLY ENCLOSED; 3 (2) MAY BE LOCKED BY THE USER; AND 4 (3) CONTAINS ONLY ONE TOILET. 5 [(e)] (F) “Substantial renovation” means a construction or renovation project 6 with an estimated cost of $30,000 or more. 7 2–803. 8 ANY SINGLE–OCCUPANCY PUBLIC RESTROOM IN A PUBLIC BUILDING SHALL 9 BE MARKED WITH GENDER–INCLUSIVE SIGNAGE THAT: 10 (1) DOES NOT USE A PICTORIAL REPRESENTATION; AND 11 (2) CONTAINS ONLY DESCRIPTIVE LANGUAGE, SUCH AS THE WORDS 12 “RESTROOM” OR “BATHROOM”. 13 [2–803.] 2–804. 14 (a) The Department of General Services, the University System of Maryland, and 15 the Department of Transportation are responsible for the enforcement of this subtitle in 16 the public buildings under each entity’s control if: 17 (1) any State capital nonschool funds are used; or 18 (2) construction is on State–owned land. 19 (b) The governing body of a political subdivision is responsible for the 20 enforcement of this subtitle if: 21 (1) construction is not on State–owned land; 22 (2) funds of the political subdivision are used; and 23 (3) no State funds are used, except for State funds for school construction. 24 Article – State Government 25 20–301. 26 4 HOUSE BILL 1147 In this subtitle, “place of public accommodation” means: 1 (1) an inn, hotel, motel, or other establishment that provides lodging to 2 transient guests; 3 (2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 4 other facility principally engaged in selling food or alcoholic beverages for consumption on 5 or off the premises, including a facility located on the premises of a retail establishment or 6 gasoline station; 7 (3) a motion picture house, theater, concert hall, sports arena, stadium, or 8 other place of exhibition or entertainment; 9 (4) a retail establishment that: 10 (i) is operated by a public or private entity; and 11 (ii) offers goods, services, entertainment, recreation, or 12 transportation; or 13 (5) an establishment: 14 (i) 1. that is physically located within the premises of any other 15 establishment covered by this subtitle; or 16 2. within the premises of which any other establishment 17 covered by this subtitle is physically located; and 18 (ii) that holds itself out as serving patrons of the covered 19 establishment. 20 20–307. 21 (A) IN THIS SECTION, “SINGLE–OCCUPANCY PUBLIC RESTROOM” MEANS A 22 SANITARY FACILITY AVAILABLE TO THE GENERAL PUBLIC THAT: 23 (1) IS FULLY ENCLOSED; 24 (2) MAY BE LOCKED BY THE USER; AND 25 (3) CONTAINS ONLY ONE TOILET. 26 (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 27 ANY SINGLE–OCCUPANCY PUBLIC RESTROOM IN A PLACE OF PUBLIC 28 ACCOMMODATION SHALL BE MARKED WITH GENDER–INCLUSIVE SIGNAGE THAT: 29 HOUSE BILL 1147 5 (I) DOES NOT USE A PICTORIAL REPRESENTATION; AND 1 (II) CONTAINS ONLY DESCRIPTIVE LANGUAGE, SUCH AS THE 2 WORDS “RESTROOM” OR “BATHROOM”. 3 (2) A PLACE OF PUBLIC ACCOMMODATION THAT, BEFORE OCTOBER 4 1, 2020, MARKED A SINGLE–OCCUPANCY PUBLIC RESTROOM WITH SIGNAGE THAT 5 IDENTIFIES THE RESTROOM AS GENDER–INCLUSIVE BUT DOES NOT OTHERWISE 6 COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION MAY 7 CONTINUE TO USE THAT SIGNAGE FOR THE PUBLIC RESTROOM. 8 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, A COUNTY 9 OR MUNICIPALITY SHALL BE RESPONSIBLE FOR ENFORCING SUBSECTION (B) OF 10 THIS SECTION FOR EACH PLACE OF PUBLIC ACCOMMODATION WITHIN ITS 11 JURISDICTION. 12 (D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, EACH COUNTY 13 OR MUNICIPALITY MAY SET A CIVIL FINE OR SERIES OF CIVIL FINES TO BE ISSUED 14 TO A PLACE OF PUBLIC ACCOMMODATION THAT VIOLATES SUBSECTION (B) OF THIS 15 SECTION. 16 (2) IN SETTING FINES UNDER THIS SUBSECTION, A COUNTY OR 17 MUNICIPALITY MAY NOT SET A FINE THAT EXCEEDS: 18 (I) FOR A FIRST VIOLATION, A WARNING; 19 (II) FOR A SECOND VIOLATION, A FINE OF $100; AND 20 (III) FOR A SUBSEQUENT VIOLATION, A FINE OF $250. 21 (3) REVENUE COLLECTED UNDER THIS SUBSECTION MAY BE USED 22 ONLY FOR THE ENFORCEMENT OF THIS SECTION AND ANY ASSOCIATED 23 ADMINISTRATIVE COSTS. 24 SECTION 2. AND BE IT FURTHER ENACTED, That a county or municipality may 25 not enforce the provisions governing single–occupancy restrooms in places of public 26 accommodation, established under Section 1 of this Act, until 60 days after the enactment 27 of this Act. 28 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 October 1, 2020. 30