Text of MS HB 1521 (2024)

MISSISSIPPI LEGISLATURE 2024 Regular Session To: Universities and Colleges By: Representative Newman House Bill 1521 AN ACT TO BE ENTITLED THE "SAFE DORMITORIES ACT"; TO CLARIFY THE DEFINITIONS OF THE GENDER-RELATED TERMS FOR PURPOSES OF THIS ACT; TO REQUIRE PUBLIC STATE INSTITUTIONS OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGES THAT MAINTAINS MULTIPLE-OCCUPANCY DORMITORY ROOMS TO PROVIDE STUDENT RESIDENTS WITH THE OPTION TO BE HOUSED ONLY IN A DORMITORY ROOM WITH ROOMMATES OF THE SAME SEX; TO PROVIDE THAT PERSONS MAY NOT ENTER A DORMITORY ROOM DESIGNATED EXCLUSIVELY FOR USE BY PERSONS OF THE OPPOSITE SEX; TO PROVIDE EXCEPTIONS TO THE RESTRICTED PRESENCE OF A PERSON IN THE DORMITORY ROOM DESIGNATED EXCLUSIVELY FOR USE BY PERSONS OF THE OPPOSITE SEX; TO REQUIRE PUBLIC STATE INSTITUTIONS OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGES TO ESTABLISH REGULATIONS AND DISCIPLINARY PROCEDURES FOR ANY PERSON WHO WILLFULLY TRESPASSES IN DORMITORY ROOMS; TO AUTHORIZE PRIVATE ENFORCEMENT AND ATTORNEY GENERAL ENFORCEMENT AGAINST PERSONS WHO TRESPASS UPON THE PREMISES OF A DORMITORY OF AN INDIVIDUAL OF THE OPPOSITE SEX AND REFUSES TO LEAVE THE PREMISES UPON BEING ASKED TO DO SO BY AN AUTHORITY FIGURE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Safe Dormitories Act." SECTION 2. (1) The Legislature finds that females and males should be provided areas, including dormitories, for their exclusive use, respective to their sex, in order to maintain public safety, decency, decorum, and privacy. (2) For purposes of this act, the following terms shall have the meanings ascribed herein unless context clearly indicates otherwise: (a) "Boy" is defined as a minor human male. (b) "Dormitory room" means a separate room or rooms, located within a residence hall or sorority or fraternity house on the campus of a state institution of higher learning or community college or any other property of such institution or college, to be used as living quarters for an individual student and his or her roommates, but excludes halls, lobbies and other common areas of the residence hall. (c) "Father" is defined as a male parent. (d) "Female" means an individual who has, had, will have through the course of normal development, or would have had (but for a developmental anomaly, genetic anomaly, disease, or injury) the reproductive system that at some point produces ova. (e) "Girl" is defined as a minor human female. (f) "Male" means an individual who has, had, will have through the course of normal development, or would have had (but for a developmental anomaly, genetic anomaly, disease, or injury) the reproductive system that at some point produces sperm. (g) "Man" is defined as an adult human male. (h) "Mother" is defined as a female parent. (i) "Public building" means any building, facility or space owned, leased or controlled by, or leased to, the state, counties, municipalities, institutions of higher learning, community colleges or any political subdivision. (j) "Sex," when used to classify a natural person, means the biological indication of male and female 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. (k) "Woman" is defined as an adult human female. SECTION 3. (1) Any public state institution of higher learning or community or junior college that maintains multiple-occupancy dormitory rooms shall, subject to its other ordinary terms and conditions of dormitory occupancy, provide student residents the option to be housed only in a dormitory room with roommates of the same sex. (2) Except as provided in Section (4), a person may not enter a dormitory room designated exclusively for use by persons of the opposite sex. SECTION 4. The requirements of Sections 3, 5, 6 and 7 of this act do not apply to any person entering a dormitory room for the following purposes: (a) 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); (b) For law enforcement or governmental regulatory purposes; (c) 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; (d) For custodial, maintenance or inspection purposes, provided that the dormitory room is not in use; (e) If the appropriate designated dormitory room is out of order or under repair and contains no person of the opposite sex; (f) If the dormitory room has been temporarily designated for use by a person of the sex opposite from the sex for which its use is ordinarily designated, but only for the duration of such designation; and (g) If the person entering the dormitory room is an employee, contractor or agent of the owner or other person or entity in control of the public building, announces his or her intention to enter, and allows a reasonable time for persons of the opposite sex to protect their privacy before entering. SECTION 5. (1) The appropriate administrative governing authority for each public state institution of higher learning or community or junior college having public buildings designated as dormitories under its ownership, control or lease shall, within ninety (90) days of the effective date of this act, establish regulations and disciplinary procedures for any person who willfully enters, for a purpose other than those listed in Section 4, a dormitory room designated for the opposite sex on the premises of a state institution of higher learning of community college and refuses to depart when asked to do so by any employee or contractor of the owner, lessee or lessor of the public building designated as a dormitory. (2) A person who willfully enters, for a purpose other than those listed in Section 4 of this act, a dormitory room designated for the opposite sex on the premises of a state institution of higher learning or community or junior college and refuses to depart when asked to do so by an employee or contractor of the owner, lessee or lessor of the public building designated as a dormitory commits the offense of trespass as prescribed in Section 97-17-97. (3) On July 1, 2025, and annually thereafter, the appropriate administrative governing authority for each public state institution of higher learning or community or junior college having public buildings designated as dormitories 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 act. SECTION 6. (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. The claim may be brought against any the applicable governmental entity for each public building under its ownership, control or lease which caused or contributed to a violation of this act. (2) A person under eighteen (18) years of age may bring an action throughout their years of minority through a parent, legal guardian or next of kin, and may bring an action in their own name upon reaching the age of majority. (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 act shall recover reasonable attorney's fees. SECTION 7. (1) The Attorney General shall bring an action to enforce compliance with this act. (2) This act does not 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 8. Any provision of this act 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 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 9. This act shall take effect and be in force from and after its passage.