Text of MS HB 1428 (2024)

MISSISSIPPI LEGISLATURE 2024 Regular Session To: Public Property; Judiciary A By: Representative Hurst House Bill 1428 AN ACT TO CREATE NEW SECTION 29-18-1, MISSISSIPPI CODE OF 1972, TO CREATE THE "SAFER ACT" TO REGULATE GOVERNMENTAL BUILDINGS; TO CREATE NEW SECTION 29-18-3, MISSISSIPPI CODE OF 1972, TO PROVIDE LEGISLATIVE FINDINGS FOR THE ACT; TO CREATE NEW SECTION 29-18-5, MISSISSIPPI CODE OF 1972, TO PROVIDE DEFINITIONS FOR THE ACT; TO CREATE NEW SECTION 29-18-7, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC BUILDINGS TO HAVE EXCLUSIVE MALE AND/OR FEMALE RESTROOMS OR UNISEX RESTROOMS AT A MINIMUM; TO CREATE NEW SECTION 29-18-9, MISSISSIPPI CODE OF 1972, TO REQUIRE CHANGING FACILITIES TO BE EXCLUSIVE MALE AND/OR FEMALE OR UNISEX AT A MINIMUM; TO CREATE NEW SECTION 29-18-11, MISSISSIPPI CODE OF 1972, TO REGULATE PUBLIC STUDENT HOUSING FOR SINGLE-SEX EDUCATIONAL HOUSING; TO CREATE NEW SECTION 29-18-13, MISSISSIPPI CODE OF 1972, TO REQUIRE SINGLE-SEX SOCIAL SORORITIES AND FRATERNITIES TO COMPLY WITH THE DEFINITIONS OF THIS ACT TO DESIGNATE HOUSING; TO CREATE NEW SECTION 29-18-15, MISSISSIPPI CODE OF 1972, TO REGULATE HOW PERSONS ENTER A SINGLE-SEX RESTROOM, CHANGING FACILITY OR EDUCATIONAL HOUSING SPACE; TO CREATE NEW SECTION 29-18-17, MISSISSIPPI CODE OF 1972, TO REQUIRE GOVERNMENTAL ENTITIES TO ESTABLISH REGULATIONS WITH DISCIPLINARY PROCEDURES IN CONFORMITY WITH THIS ACT; TO CREATE NEW SECTION 29-18-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO WILLFULLY ENTERS A SPACE IN VIOLATION OF THIS ACT SHALL BE COMMITTING THE OFFENSE OF TRESPASS; TO CREATE NEW SECTION 29-18-21, MISSISSIPPI CODE OF 1972, TO REQUIRE GOVERNMENTAL ENTITIES TO PROVIDE A REPORT TO THE SPEAKER, LIEUTENANT GOVERNOR AND GOVERNOR WITH CERTAIN INFORMATION; TO CREATE NEW SECTION 29-18-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ASSERTION OF A VIOLATION OF THIS ACT; TO CREATE NEW SECTION 29-18-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ATTORNEY GENERAL TO BRING ACTION REGARDING THE PROVISIONS OF THIS ACT; TO CREATE NEW SECTION 29-18-27, MISSISSIPPI CODE OF 1972, TO REGULATE DISAGGREGATION OF STATE OR LOCAL GOVERNMENTAL DATA; TO CREATE NEW SECTION 1-3-83, MISSISSIPPI CODE OF 1972, TO DEFINE FEMALE, MALE AND CERTAIN OTHER TERMS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following shall be codified as Section 29-18-1, Mississippi Code of 1972: 29-18-1. This act shall be known and may be cited as "Securing Areas for Females Effectively and Responsibly Act" or the "SAFER Act." SECTION 2. The following shall be codified as Section 29-18-3, Mississippi Code of 1972: 29-18-3. Legislative Findings; Intermediate Scrutiny. (1) The Legislature finds that females and males should be provided areas, including restrooms, changing facilities and single-sex educational housing spaces, for their exclusive use, respective to their sex, in order to maintain privacy, safety, decency, and decorum. (2) There are important governmental reasons to distinguish between the sexes with respect to spaces such as prisons, detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, dormitories and other areas where biology, safety, and/or privacy are implicated. As such, policies and laws that distinguish between the sexes are subject to intermediate constitutional scrutiny, which forbids unfair discrimination against similarly situated males and females but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives. SECTION 3. The following shall be codified as Section 29-18-5, Mississippi Code of 1972: 29-18-5. Chapter Definitions. For purposes of this act, the following terms shall have the meanings ascribed herein: (a) "Changing facility" means a space designated for multiple individuals to dress or undress within the same space, including, but not limited to, a dressing room, fitting room, locker room, changing room, or shower room. This term does not include a unisex changing facility. (b) "Single-sex educational housing space" means a separate room or area located within a public building functioning as housing for student residents at an educational institution and designated for use or occupancy only for members of one (1) sex, but excludes common areas designated for use by members of both sexes. (c) "Public building" means any building, facility or space owned, controlled, operated, rented or leased by, or rented or leased to, any state agency, county, municipality, political subdivision of the state, public university, public community or junior college and the institutions of higher learning. (d) "Restroom" means a space designated for multiple individuals that includes toilets and/or urinals. This term does not include a unisex restroom. (e) "Unisex changing facility" means a room intended for a single occupant or a family in which one or more persons may be in a state of undress, including, but not limited to, a dressing room, fitting room, locker room, changing room, or shower room that is enclosed by floor-to-ceiling walls and accessed by a full door with a secure lock that prevents another individual from entering while the changing facility is in use. (f) "Unisex restroom" means a room that includes a toilet or urinal and that is intended for a single occupant or a family, is enclosed by floor-to-ceiling walls, and is accessed by a full door with a secure lock that prevents another individual from entering while the room is in use. SECTION 4. The following shall be codified as Section 29-18-7, Mississippi Code of 1972: 29-18-7. Protection of Restroom Privacy. Any public building that maintains a restroom shall, at a minimum, have: (1) A restroom designated for exclusive use by females and a restroom designated for exclusive use by males; or (2) A unisex restroom. SECTION 5. The following shall be codified as Section 29-18-9, Mississippi Code of 1972: 29-18-9. Protection of Changing Room Privacy. Any public building that maintains a changing facility must, at a minimum, have: (a) A changing facility designated for exclusive use by females and a changing facility designated for exclusive use by males; or (b) A unisex changing facility. SECTION 6. The following shall be codified as Section 29-18-11, Mississippi Code of 1972: 29-18-11. Protection of Single-Sex Educational Housing Space Privacy. Any public building that functions as housing for student residents at an educational institution shall provide students the option to be housed only in a single-sex educational housing space with persons of the same sex. SECTION 7. The following shall be codified as Section 29-18-13, Mississippi Code of 1972: 29-18-13. Social Fraternity and Sorority Single-Sex Housing Facilities on Public Lands Shall Comply With State Law. Social fraternities and sororities at educational institutions that have and operate single-sex housing facilities located on public land shall comply with the definitions contained within this act for purposes of maintaining such facilities as single sex only. SECTION 8. The following shall be codified as Section 29-18-15, Mississippi Code of 1972: 29-18-15. Permissible Purposes to Enter Sex-Designated Restrooms, Changing Facilities or Single-Sex Educational Housing Spaces. For purposes of this act, a person may not enter a restroom, changing facility, or single-sex educational housing space, designated for the opposite sex, except under the following circumstances: (1) To accompany a person of the opposite sex for the purpose of assisting or chaperoning a child under the age of twelve (12), a vulnerable person as defined in Section 43-47-5, or a person with a disability as defined in Section 43-6-203(b); (2) For law enforcement, fire protection or response, or other public safety purposes; (3) For governmental purposes, including employees or contractors of governmental entities acting within the scope of their employment or contract; (4) For the purpose of rendering emergency medical assistance or to intervene in any other emergency situation where the health or safety of another person is at risk; (5) For custodial, maintenance, or inspection purposes, provided that the restroom or changing facility is not in use; (6) If the appropriate designated restroom or changing facility is out of order or under repair and the restroom or changing facility designated for the opposite sex contains no person of the opposite sex; (7) A parent, guardian or sibling of a student living in a single-sex educational housing space to assist in moving or health purposes. SECTION 9. The following shall be codified as Section 29-18-17, Mississippi Code of 1972: 29-18-17. Implementing Regulations. The applicable governmental entity for each public building under its ownership, control or lease shall, within ninety (90) days, establish regulations and disciplinary procedures for any person who willfully enters, for a purpose other than those listed in Section 29-18-15, a restroom, changing facility or single-sex dormitory space designated for the opposite sex on the premises of the public building and refuses to depart when asked to do so by any employee or contractor of the owner, lessee or lessor of the public building. SECTION 10. The following shall be codified as Section 29-18-19, Mississippi Code of 1972: 29-18-19. A person who willfully enters, for a purpose other than those listed in Section 29-18-11, a restroom, changing facility or single-sex dormitory space designated for the opposite sex on the premises of a public building and refuses to depart when asked to do so by an employee or contractor of the owner, lessee or lessor of a public building commits the offense of trespass as provided in Section 97-17-97. SECTION 11. The following shall be codified as Section 29-18-21, Mississippi Code of 1972: 29-18-21. Reporting. On July 1, 2025, and annually on July 1 thereafter, the applicable governmental entity for each public building under its ownership, control or lease shall provide a report and documentation to the Speaker of the Mississippi House of Representatives, the Lieutenant Governor, and the Governor, regarding compliance with this chapter as applicable. SECTION 12. The following shall be codified as Section 29-18-23, Mississippi Code of 1972: 29-18-23. Private Enforcement. (1) A person may assert a violation of this act as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, punitive damages, injunctive relief, declaratory relief, or any other appropriate relief. Such claim may be brought against any applicable governmental entity for each public building under its ownership, control or lease which caused or contributed to a violation of this act. (2) Any person under eighteen (18) years of age may bring an action at any time to assert a violation of this act through a parent or next friend and may bring an action in their own name upon reaching the age of eighteen (18) years of age. (3) Notwithstanding any other provision of law, an action under this act may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. (4) In any action or proceeding to enforce a provision of this act, a prevailing party who establishes a violation of this chapter shall recover reasonable attorney's fees. SECTION 13. The following shall be codified as Section 29-18-25, Mississippi Code of 1972: 29-18-25. Attorney General Enforcement. (1) The Attorney General shall bring an action to enforce compliance with this act. (2) This act shall not be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the State of Mississippi, or any agency, officer, or employee of the state, acting under any law other than this act, to institute or intervene in any proceeding. SECTION 14. The following shall be codified as Section 29-18-27, Mississippi Code of 1972: 29-18-27. Data Disaggregation. When the state or a local governmental entity gathers data of individuals that is disaggregated by sex, the state or local governmental entity shall disaggregate the data of individuals by sex as either male or female as defined in Chapter 3, Title 1, Mississippi Code of 1972. SECTION 15. The following shall be codified as Section 1-3-83, Mississippi Code of 1972: 1-3-83. Female, Male, Sex of Natural Persons, Girl, Boy, Woman, Man, Mother, Father. (1) "Female" means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. (2) "Male" means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. (3) "Sex," when used to classify a natural person, means the biological indication of male and female as observed or clinically verified at birth, without regard to an individual's "gender identity" or any other terms intended to convey a person's psychological, chosen, or subjective experience or sense of self. (4) "Girl" is defined as a minor human female. (5) "Boy" is defined as a minor human male. (6) "Woman" is defined as an adult human female. (7) "Man" is defined as an adult human male. (8) "Mother" is defined as a female parent. (9) "Father" is defined as a male parent. (10) The following additional provisions apply to the use of "sex" and related terms: (a) There are only two sexes, and every individual is either male or female. (b) "Sex" is objective and fixed. (c) Persons with "DSD conditions" (sometimes referred to as "differences in sex development", "disorders of sex development", or "intersex conditions") are not members of a third sex. (d) The foregoing definition of "sex," for purposes of state law, neither requires nor precludes the accommodation of persons with a congenital and physically verifiable diagnosis of "DSD condition" (sometimes referred to as "differences in sex development", "disorders of sex development", or "intersex conditions"); however, such accommodation may be required by federal law. (e) "Gender identity" and other such subjective terms shall not be construed as synonyms or substitutes for "sex." SECTION 16. Severability. Any provision of this act is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. SECTION 17. This act shall take effect and be in force from and after its passage.