Text of MD HB 40 (2023)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0040* HOUSE BILL 40 D5, L1, L3 3lr0524 HB 572/22 – ECM & HGO (PRE–FILED) CF SB 84 By: Delegate Solomon Requested: October 10, 2022 Introduced and read first time: January 11, 2023 Assigned to: Economic Matters and Health and Government Operations 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 and 2022 Supplement) 16 BY adding to 17 Article – State Finance and Procurement 18 Section 2–803 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2022 Supplement) 21 BY repealing and reenacting, without amendments, 22 Article – State Government 23 Section 20–301 24 Annotated Code of Maryland 25 (2021 Replacement Volume and 2022 Supplement) 26 2 HOUSE BILL 40 BY adding to 1 Article – State Government 2 Section 20–307 3 Annotated Code of Maryland 4 (2021 Replacement Volume and 2022 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – State Finance and Procurement 8 Subtitle 8. [Changing Facilities] PUBLIC RESTROOMS. 9 2–801. 10 (a) In this subtitle the following words have the meanings indicated. 11 (b) “Changing facility” means a table or other device suitable for changing the 12 diaper of a child under the age of 4 years and providing personal care for an adult. 13 (c) (1) “Public building” means a building, a structure, or an improved area 14 that is: 15 (i) owned by the State or a political subdivision of the State; or 16 (ii) constructed for lease by the State or a political subdivision of the 17 State. 18 (2) “Public building” includes: 19 (i) a public mass transportation accommodation, such as a terminal 20 or station, that is supported by public funds; and 21 (ii) an improvement of a public area used for gathering or 22 amusement, including a public park or recreation center. 23 (3) “Public building” does not include a facility that is primarily used to 24 provide primary or secondary education. 25 (d) “Public restroom” means a sanitary facility available to the general public that 26 contains at least one toilet or urinal. 27 (E) “SINGLE–OCCUPANCY PUBLIC RESTROOM” MEANS A PUBLIC 28 RESTROOM THAT: 29 (1) IS FULLY ENCLOSED; 30 HOUSE BILL 40 3 (2) MAY BE LOCKED BY THE USER; AND 1 (3) CONTAINS ONLY ONE TOILET. 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 RESTROOM IN A PUBLIC BUILDING SHALL 6 BE MARKED WITH GENDER–INCLUSIVE SIGNAGE THAT: 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 OR AN ICON THAT DOES NOT SUGGEST 11 THAT THE RESTROOM IS AVAILABLE FOR USE ONLY BY A SPECIFIC GENDER, SUCH AS 12 A PICTURE OR AN ICON OF A TOILET; OR 13 (2) CONTAINS ONLY A PICTURE OR AN ICON THAT DOES NOT SUGGEST 14 THAT THE RESTROOM IS AVAILABLE FOR USE ONLY BY A SPECIFIC GENDER, SUCH AS 15 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, and 18 the Department of Transportation are responsible for the enforcement of this subtitle in 19 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 4 HOUSE BILL 40 (c) (1) An entity responsible for the enforcement of this subtitle shall report 1 the location of a changing facility to 2–1–1 Maryland, Inc., when the changing facility is 2 installed. 3 (2) 2–1–1 Maryland, Inc., shall maintain on its website a list containing all 4 the locations of the changing facilities reported under paragraph (1) of this subsection. 5 Article – State Government 6 20–301. 7 In this subtitle, “place of public accommodation” means: 8 (1) an inn, hotel, motel, or other establishment that provides lodging to 9 transient guests; 10 (2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 11 other facility principally engaged in selling food or alcoholic beverages for consumption on 12 or off the premises, including a facility located on the premises of a retail establishment or 13 gasoline station; 14 (3) a motion picture house, theater, concert hall, sports arena, stadium, or 15 other place of exhibition or entertainment; 16 (4) a retail establishment that: 17 (i) is operated by a public or private entity; and 18 (ii) offers goods, services, entertainment, recreation, or 19 transportation; or 20 (5) an establishment: 21 (i) 1. that is physically located within the premises of any other 22 establishment covered by this subtitle; or 23 2. within the premises of which any other establishment 24 covered by this subtitle is physically located; and 25 (ii) that holds itself out as serving patrons of the covered 26 establishment. 27 20–307. 28 (A) IN THIS SECTION, “SINGLE–OCCUPANCY PUBLIC RESTROOM” MEANS A 29 SANITARY FACILITY AVAILABLE TO THE GENERAL PUBLIC THAT: 30 HOUSE BILL 40 5 (1) IS FULLY ENCLOSED; 1 (2) MAY BE LOCKED BY THE USER; AND 2 (3) CONTAINS ONLY ONE TOILET. 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 GENDER–INCLUSIVE SIGNAGE THAT: 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 RESTROOM IS AVAILABLE FOR USE ONLY BY A SPECIFIC 11 GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET; OR 12 (II) CONTAINS ONLY A PICTURE OR AN ICON THAT DOES NOT 13 SUGGEST THAT THE RESTROOM IS AVAILABLE FOR USE ONLY BY A SPECIFIC 14 GENDER, SUCH AS A PICTURE OR AN ICON OF A TOILET. 15 (2) A PLACE OF PUBLIC ACCOMMODATION THAT, BEFORE OCTOBER 16 1, 2023, MARKED A SINGLE–OCCUPANCY PUBLIC RESTROOM WITH SIGNAGE THAT 17 IDENTIFIES THE RESTROOM AS GENDER–INCLUSIVE BUT DOES NOT OTHERWISE 18 COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION MAY 19 CONTINUE TO USE THAT SIGNAGE FOR THE PUBLIC RESTROOM. 20 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, A COUNTY 21 SHALL BE RESPONSIBLE FOR ENFORCING SUBSECTION (B) OF THIS SECTION FOR 22 EACH PLACE OF PUBLIC ACCOMMODATION WITHIN ITS JURISDICTION. 23 (D) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, 24 EACH COUNTY MAY SET A CIVIL FINE OR SERIES OF CIVIL FINES TO BE ISSUED TO A 25 PLACE OF PUBLIC ACCOMMODATION THAT VIOLATES SUBSECTION (B) OF THIS 26 SECTION. 27 (2) IN SETTING FINES UNDER THIS SUBSECTION, A COUNTY MAY NOT 28 SET A FINE THAT EXCEEDS: 29 (I) FOR A FIRST VIOLATION, A WARNING; 30 6 HOUSE BILL 40 (II) FOR A SECOND VIOLATION, A FINE OF $100; AND 1 (III) FOR A SUBSEQUENT VIOLATION, A FINE OF $250. 2 (3) A COUNTY MAY NOT IMPOSE A FINE UNDER THIS SUBSECTION ON 3 A PLACE OF PUBLIC ACCOMMODATION UNTIL AT LEAST 30 DAYS AFTER THE 4 ISSUANCE OF A WARNING TO THE PLACE OF PUBLIC ACCOMMODATION. 5 (4) REVENUE COLLECTED UNDER THIS SUBSECTION MAY BE USED 6 ONLY FOR THE ENFORCEMENT 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 the 11 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, 2023. 15