Text of MS SB 2722 (2024)

MISSISSIPPI LEGISLATURE 2024 Regular Session To: Universities and Colleges By: Senator(s) Seymour Senate Bill 2722 AN ACT TO ENACT THE SAFE DORMITORIES ACT; TO SET THE LEGISLATIVE FINDINGS AND DEFINITIONS; TO PROVIDE THAT ANY PUBLIC BUILDING THAT MAINTAINS MULTIPLE-OCCUPANCY DORMITORY ROOMS SHALL PROVIDE STUDENT RESIDENTS THE OPTION TO BE HOUSED ONLY IN A DORMITORY ROOM WITH ROOMMATES OF THE SAME SEX; TO PROHIBIT A PERSON FROM ENTERING INTO A DORMITORY ROOM DESIGNATED EXCLUSIVELY FOR USE BY PERSONS OF THE OPPOSITE SEX; TO SET CERTAIN SPECIFIC EXCEPTIONS RELATED TO THIS PROHIBITION; TO REQUIRE ANY APPLICABLE GOVERNMENTAL ENTITY TO ESTABLISH REGULATIONS AND DISCIPLINARY PROCEDURES FOR ANY SUCH PERSON; TO ESTABLISH CERTAIN VIOLATIONS OF THE ACT; TO AUTHORIZE PRIVATE ENFORCEMENT OF THE ACT AND CAUSES OF ACTION; TO REQUIRE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENFORCE COMPLIANCE WITH THE ACT; TO PROVIDE A SEVERABILITY CLAUSE TO THE ACT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) This chapter shall be known and may be cited as the "Safe Dormitories Act." (2) 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. (3) For purposes of this chapter, the following terms shall have the meanings ascribed herein: (a) "Dormitory room" means a separate room or rooms, located within a residence hall or sorority or fraternity house at an institution of higher learning or community 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. (b) "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. (c) "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. (d) "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. (e) "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. (f) "Girl" means a minor human female. (g) "Boy" means minor human male. (h) "Woman" means an adult human female. (i) "Man" means an adult human male. (j) "Mother" means a female parent. (k) "Father" means a male parent. SECTION 2. Any public building 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. Except as provided in this act, for purposes of this chapter, a person may not enter a dormitory room designated exclusively for use by persons of the opposite sex. SECTION 3. The requirements of Sections 2, 4, 5, 6 and 7 of this chapter 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 12, a vulnerable person as defined 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; or (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 4. Disciplinary procedures; penalties. (1) 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 3, a dormitory room 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. (2) A person who willfully enters, for a purpose other than those listed in Section 3, a dormitory room 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 the public building commits the offense of trespass as provided in Section 97-17-97. (3) On July 1, 2025, and annually 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. SECTION 5. Private enforcement. (1) A person may assert a violation of this chapter 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 chapter. (2) A person under eighteen (18) years of age may bring an action throughout their minority through a parent or next friend 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 chapter 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 chapter, a prevailing party who establishes a violation of this chapter shall recover reasonable attorney's fees. SECTION 6. Attorney General enforcement. (1) The Attorney General shall bring an action to enforce compliance with this chapter. (2) This chapter 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 7. 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 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 8. This act shall take effect and be in force from and after its passage.