Text of TN HB 1182 (2021)

<BillNo> <Sponsor> HOUSE BILL 1182 By Rudd HB1182 002480 - 1 - AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 49 and Title 68, relative to public facilities. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 68, Chapter 120, Part 1, is amended by adding the following as a new section: (a) A public or private entity or business that operates a building or facility open to the general public and that, as a matter of formal or informal policy, allows a member of either biological sex to use any public restroom within the building or facility shall post notice of the policy at the entrance of each public restroom and at each entrance of the building accessible by the general public. (b) Signage of the notice must be posted in a manner that is compliant with the standard for signage for restrooms under the Americans with Disabilities Act, (42 U.S.C. § 12131 et seq.) and must meet the following requirements: (1) Be at least eight inches (8'') wide and six inches (6'') tall; (2) The top one-third (1/3) of the sign must have a background color of red and state "NOTICE" in yellow text, centered in that portion of the sign; (3) The bottom two-thirds (2/3) of the sign must contain in boldface, block letters the following statement centered on that portion of the sign: THIS FACILITY MAINTAINS A POLICY OF ALLOWING THE USE OF RESTROOMS BY EITHER BIOLOGICAL SEX, REGARDLESS OF THE DESIGNATION ON THE RESTROOM - 2 - 002480 (4) Except as provided in subdivision (b)(2), have a background color of white with type in black; and (5) Be located on a door to which the sign must be affixed or have its leading edge located not more than one foot (1') from the outside edge of the frame of a door to which the sign must be affixed. (c) As used in this section: (1) "Policy" means the internal policy of a public or private entity or such policy as the result of a rule, ordinance, or resolution adopted by an agency or political subdivision of this state; and (2) "Public restroom": (A) Includes a locker room, shower facility, dressing area, or other facility or area that is: (i) Open to the general public; (ii) Designated for a specific biological sex; and (iii) A facility or area where a person would have a reasonable expectation of privacy; and (B) Excludes a unisex, single-occupant restroom or family restroom intended for use by either biological sex. SECTION 2. This act takes effect July 1, 2021, the public welfare requiring it.

$)tate of Z!tennessee PUBLIC CHAPTER NO. 453 HOUSE BILL NO. 1182 By Representatives Rudd, Cepicky, Griffey, Sherrell, Moody, Todd Substituted for: Senate Bill No. 1224 By Senators Rose, Hensley, Pody AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 49 and Title 68, relative to public facilities. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 68, Chapter 120, Part 1, is amended by adding the following as a new section: (a) A public or private entity or business that operates a building or facility open to the general public and that, as a matter of formal or informal policy, allows a member of either biological sex to use any public restroom within the building or facility shall post notice of the policy at the entrance of each public restroom in the building or facility. (b) Signage of the notice must be posted in a manner that is easily visible to a person entering the public restroom and must meet the following requirements: ( 1) Be at least eight inches (8") wide and six inches (6") tall; (2) The top one-third (1/3) of the sign must have a background color of red and state "NOTICE" in yellow text, centered in that portion of the sign; (3) The bottom two-thirds (2/3) of the sign must contain in boldface, block letters the following statement centered on that portion of the sign: THIS FACILITY MAINTAINS A POLICY OF ALLOWING THE USE OF RESTROOMS BY EITHER BIOLOGICAL SEX, REGARDLESS OF THE DESIGNATION ON THE RESTROOM (4) Except as provided in subdivision (b)(2), have a background color of white with type in black; and (5) Be located on a door to which the sign must be affixed or have its leading edge located not more than one foot (1 ') from the outside edge of the frame of a door to which the sign must be affixed. (c) If an entity or business is notified that it is not in compliance with this section, the entity or business has thirty (30) days in which to comply before any action is taken against the entity or business. (d) As used in this section: ( 1) "Policy" means the internal policy of a public or private entity or such policy as the result of a rule, ordinance, or resolution adopted by an agency or political subdivision of this state; and (2) "Public restroom": (A) Includes a locker room, shower facility, dressing area, or other facility or area that is: (i) Open to the general public; HB1182 (ii) Designated for a specific biological sex; and (iii) A facility or area where a person would have a reasonable expectation of privacy; and (B) Excludes a unisex, single-occupant restroom or family restroom intended for use by either biological sex. SECTION 2. This act takes effect July 1, 2021, the public welfare requiring it. 2 HOUSE BILL NO. 1182 PASSED: ______ A...,_p;.;..:ri~I 2 __ 9..._, =-20=2::..:.1 ____ _ 0. CAMERON SEXTON, SPEAKER HOUSE OF REPRESENTATIVES \ RANDY MC LL Y SPEAKER OF THE s ATE APPROVED this _ll!!!day of __ tM.;::;......__._.:ay--........, ___ 2021 fl BILL LEE, GOVERNOR