Text of NM HB 388 (2019)

underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HOUSE BILL 388 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2019 INTRODUCED BY Angelica Rubio AN ACT RELATING TO PUBLIC FACILITIES; MAKING PUBLIC RESTROOMS ACCESSIBLE REGARDLESS OF GENDER IDENTITY OR SEX. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Gender-Free Restrooms Act". SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Gender-Free Restrooms Act: A. "gender identity" means a person's self- perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth; B. "gender-neutral signage" means a sign that .212114.2 underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 indicates a restroom without preference or distinction to a specific gender identity or sex; C. "public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private; and D. "single-user toilet facility" means a single- occupancy restroom with an outer door that can be locked by the occupant. SECTION 3. [NEW MATERIAL] PUBLIC FACILITY AVAILABILITY.-- A single-user toilet facility in a public accommodation shall be: A. made available to any person regardless of gender identity or sex; B. designated for use by not more than one occupant at a time or for family or assisted use; and C. identified with gender-neutral signage. SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019. - 2 - .212114.2

HB 388/a Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ACT RELATING TO PUBLIC FACILITIES; MAKING EXISTING OR NEWLY CONSTRUCTED SINGLE-OCCUPANCY RESTROOMS IN A PUBLIC ACCOMMODATION ACCESSIBLE REGARDLESS OF GENDER IDENTITY OR SEX. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. SHORT TITLE.--This act may be cited as the "Gender-Free Restrooms Act". SECTION 2. DEFINITIONS.--As used in the Gender-Free Restrooms Act: A. "gender identity" means a person's self- perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth; B. "gender-neutral signage" means a sign that indicates a restroom without preference or distinction to a specific gender identity or sex; C. "public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private; and HB 388/a Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D. "single-user toilet facility" means a single- occupancy restroom with an outer door that can be locked by the occupant. SECTION 3. PUBLIC FACILITY AVAILABILITY.-- A. A single-user toilet facility that exists or is constructed on or after July 1, 2019 in a public accommodation shall be: (1) made available to any person regardless of gender identity or sex; (2) designated for use by not more than one occupant at a time or for family or assisted use; and (3) identified with gender-neutral signage. B. Nothing in this section shall be construed to require construction of a new, single-user toilet facility if one does not exist in a public accommodation. SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.