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Senate
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156
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Introduced
SENATE
FILE
156
BY
WESTRICH
A
BILL
FOR
An
Act
relating
to
policies
for
certain
private
spaces
in
1
facilities
of
public
entities,
providing
penalties,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
135E.1
Definitions.
1
For
purposes
of
this
chapter:
2
1.
“Biological
sex”
means
the
biological
condition
of
being
3
male
or
female,
as
determined
by
any
of
the
following:
4
a.
The
chromosomes,
sex
organs,
and
endogenous
profiles
of
a
5
person.
6
b.
A
person’s
original
birth
certificate,
if
the
biological
7
sex
is
correctly
stated
on
the
birth
certificate
as
indicated
8
by
the
biological
sex
being
entered
at
or
near
the
time
of
9
birth
and
modified
only
to
correct
a
clerical
error.
10
2.
“Private
space”
means
a
facility
designed
or
designated
11
for
use
by
more
than
one
person
at
a
time,
where
a
person
may
12
be
in
a
state
of
undress
in
the
presence
of
another
person,
13
regardless
of
whether
the
facility
provides
curtains
or
partial
14
walls
for
privacy.
“Private
space”
includes
but
is
not
limited
15
to
a
restroom,
locker
room,
changing
room,
shower
room,
or
16
sleeping
quarter.
17
3.
“Single-occupancy
private
space”
means
a
facility
18
designed
or
designated
for
use
by
only
one
person
at
a
time,
19
where
a
person
may
be
in
a
state
of
undress,
including
but
not
20
limited
to
a
single
toilet
restroom
with
a
locking
door
or
a
21
sleeping
quarter
that
accommodates
a
single
occupant.
22
4.
“State
entity”
means
the
state,
including
but
not
limited
23
to
a
state
agency,
department,
division,
board,
commission,
24
institution,
or
authority;
a
city;
a
county;
a
township;
or
any
25
other
political
subdivision
or
special
district
in
this
state
26
as
established
pursuant
to
state
or
local
law.
“State
entity”
27
does
not
include
a
public
school
to
the
extent
the
public
28
school
is
governed
by
section
280.33.
29
Sec.
2.
NEW
SECTION
.
135E.2
Designation
and
use
of
private
30
spaces.
31
1.
A
state
entity
shall
require
each
private
space
located
32
within
a
facility
owned,
operated,
or
controlled
by
the
state
33
entity
to
be
designated
only
for
and
used
by
persons
of
the
34
same
biological
sex.
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2.
This
section
shall
not
be
construed
to
prohibit
a
state
1
entity
from
doing
any
of
the
following:
2
a.
Adopting
policies
necessary
to
accommodate
persons
3
protected
under
the
federal
Americans
with
Disabilities
Act
of
4
1990,
young
children
in
need
of
assistance,
or
elderly
persons
5
in
need
of
assistance.
6
b.
Establishing
a
single-occupancy
private
space
or
a
family
7
restroom,
changing
room,
or
sleeping
quarter.
8
c.
Redesignating
a
private
space
designated
for
exclusive
9
use
by
one
biological
sex
to
a
designation
for
exclusive
use
10
by
the
opposite
biological
sex.
11
d.
Providing
an
accommodation,
including
a
single-occupancy
12
private
space,
on
request
due
to
special
circumstances.
13
The
state
entity
shall
not
provide
an
accommodation
under
14
this
paragraph
that
allows
a
person
to
use
a
private
space
15
designated
for
the
biological
sex
opposite
to
the
person’s
16
biological
sex.
17
Sec.
3.
NEW
SECTION
.
135E.3
Use
by
opposite
biological
sex
18
prohibited
——
penalty
——
exceptions.
19
1.
A
person
shall
not
enter
a
private
space
located
within
a
20
facility
owned,
operated,
or
controlled
by
a
state
entity
that
21
is
designated
for
use
by
persons
of
the
opposite
biological
22
sex.
23
2.
Subsection
1
does
not
apply
to
any
of
the
following:
24
a.
A
person
entering
a
private
space
designated
for
the
25
biological
sex
opposite
to
the
person’s
biological
sex
for
any
26
of
the
following
reasons:
27
(1)
A
custodial
purpose.
28
(2)
A
maintenance
or
inspection
purpose.
29
(3)
To
render
medical
or
other
emergency
assistance.
30
(4)
To
accompany
a
person
needing
assistance
in
using
the
31
facility.
32
(5)
To
receive
assistance
in
using
the
facility.
33
b.
A
child
entering
a
private
space
designated
for
the
34
biological
sex
opposite
to
the
child’s
biological
sex
if
the
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child
is
younger
than
ten
years
of
age
and
accompanying
a
1
person
caring
for
the
child.
2
3.
A
person
who
violates
subsection
1
is
guilty
of
a
simple
3
misdemeanor.
However,
a
person
who
violates
subsection
1
for
4
purposes
of
sexual
gratification
is
guilty
of
an
aggravated
5
misdemeanor.
6
Sec.
4.
NEW
SECTION
.
135E.4
Civil
penalty.
7
1.
A
state
entity
that
violates
this
chapter
is
subject
to
a
8
civil
penalty
not
to
exceed
five
thousand
dollars
for
the
first
9
violation
and
not
to
exceed
twenty-five
thousand
dollars
for
10
a
subsequent
violation.
11
2.
Civil
penalties
collected
by
the
attorney
general
under
12
this
chapter
shall
be
deposited
in
the
victim
compensation
fund
13
established
under
section
915.94.
14
Sec.
5.
NEW
SECTION
.
135E.5
Complaint.
15
1.
A
resident
of
this
state
may
file
a
complaint
with
16
the
office
of
the
attorney
general
that
a
state
entity
is
in
17
violation
of
this
chapter
if
all
of
the
following
apply:
18
a.
The
person
provides
the
state
entity
a
written
notice
19
that
describes
the
violation.
20
b.
The
state
entity
does
not
cure
the
violation
before
the
21
end
of
the
third
business
day
after
the
date
of
receiving
the
22
written
notice.
23
2.
A
complaint
filed
under
this
section
must
include
all
of
24
the
following:
25
a.
A
copy
of
the
written
notice.
26
b.
The
person’s
sworn
statement
or
affidavit
describing
the
27
violation
and
indicating
that
the
person
provided
the
notice
28
required
by
this
section.
29
Sec.
6.
NEW
SECTION
.
135E.6
Duties
of
attorney
general.
30
1.
The
attorney
general
shall
investigate
a
complaint
31
filed
under
section
135E.5
to
determine
whether
legal
action
32
is
warranted.
33
2.
The
state
entity
that
is
the
subject
of
the
complaint
34
shall
provide
to
the
attorney
general
any
information
the
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attorney
general
requests
in
connection
with
the
complaint,
1
including
but
not
limited
to
all
of
the
following:
2
a.
A
supporting
document
related
to
the
complaint.
3
b.
A
statement
regarding
whether
the
entity
has
complied
or
4
intends
to
comply
with
this
chapter.
5
3.
If
the
attorney
general
determines
that
legal
action
is
6
warranted,
the
attorney
general
shall
provide
the
appropriate
7
officer
of
the
state
entity
charged
with
the
violation
a
8
written
notice
that
includes
all
of
the
following:
9
a.
A
description
of
the
violation
and
the
location
of
the
10
private
space
found
to
be
in
violation.
11
b.
The
amount
of
the
proposed
penalty
for
the
violation.
12
c.
A
notice
that
the
state
entity
must
cure
the
violation
13
on
or
before
the
fifteenth
day
after
the
date
the
notice
under
14
this
subsection
is
received
to
avoid
the
penalty.
15
Sec.
7.
NEW
SECTION
.
135E.7
Enforcement.
16
1.
If,
after
receipt
of
the
notice
under
section
135E.6,
17
the
state
entity
has
not
cured
the
violation
on
or
before
18
the
fifteenth
day
after
the
date
the
notice
is
provided,
the
19
attorney
general
may
take
legal
action
necessary
to
collect
the
20
civil
penalty
provided
by
section
135E.4.
21
2.
In
addition
to
legal
action
under
subsection
1,
the
22
attorney
general
may
seek
an
injunction
or
apply
for
other
23
appropriate
equitable
relief.
24
3.
Legal
action
under
this
section
shall
be
brought
and
25
maintained
in
the
district
court
of
Polk
county,
Iowa,
or
26
the
district
court
of
the
county
in
which
the
state
entity’s
27
principal
office
is
located.
28
4.
The
attorney
general
shall
recover
reasonable
expenses
29
incurred
in
obtaining
relief
under
this
section,
including
30
but
not
limited
to
court
costs,
reasonable
attorney
fees,
31
investigative
costs,
witness
fees,
and
deposition
costs.
32
5.
A
person
may
bring
a
civil
action
for
declaratory
relief,
33
injunctive
relief,
and
reasonable
attorney
fees
and
court
costs
34
against
a
state
entity
that
violates
this
chapter.
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Sec.
8.
NEW
SECTION
.
135E.8
Actions
challenging
privacy
1
laws.
2
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
a
3
person
who
seeks
declaratory
or
injunctive
relief
to
prevent
a
4
state
entity
from
enforcing
this
chapter
shall
be
liable
to
pay
5
the
court
costs
and
reasonable
attorney
fees
of
the
prevailing
6
party,
including
the
costs
and
reasonable
attorney
fees
that
7
the
prevailing
party
incurs
in
its
efforts
to
recover
court
8
costs
and
attorney
fees.
9
2.
For
purposes
of
this
section,
a
party
is
considered
a
10
prevailing
party
if
a
state
or
federal
court
does
any
of
the
11
following:
12
a.
Dismisses
a
claim
or
cause
of
action
brought
against
the
13
party
that
seeks
the
declaratory
or
injunctive
relief
described
14
by
subsection
1,
regardless
of
the
reason
for
the
dismissal.
15
b.
Enters
judgment
in
the
party’s
favor
on
a
claim
or
cause
16
of
action.
17
3.
A
prevailing
party
may
recover
court
costs
and
attorney
18
fees
under
this
section
only
to
the
extent
that
those
court
19
costs
and
attorney
fees
were
incurred
while
defending
a
claim
20
or
cause
of
action
on
which
the
party
prevailed.
21
Sec.
9.
Section
216.9A,
Code
2025,
is
amended
to
read
as
22
follows:
23
216.9A
Single
and
multiple
occupancy
restrooms
or
changing
24
areas
in
schools
Private
spaces
of
public
entities
——
use
by
25
persons
of
same
biological
sex.
26
It
shall
not
be
an
unfair
or
discriminatory
practice
for
a
27
school
an
entity
governed
by
chapter
135E
or
section
280.33
to
28
require
a
single
or
multiple
occupancy
restroom
or
changing
29
area
space
governed
by
chapter
135E
or
section
280.33
to
be
30
designated
only
for
and
used
by
persons
of
the
same
biological
31
sex
as
provided
in
chapter
135E
and
section
280.33
.
It
shall
32
not
be
an
unfair
or
discriminatory
practice
to
prohibit
a
33
person
from
using
such
a
single
or
multiple
occupancy
restroom
34
or
changing
area
space
that
does
not
correspond
with
the
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person’s
biological
sex
as
provided
in
chapter
135E
and
section
1
280.33
.
2
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
3
immediate
importance,
takes
effect
upon
enactment.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
requires
state
entities,
defined
to
include
8
cities
and
counties,
but
to
exclude
public
schools
to
the
9
extent
governed
under
current
law,
to
designate
each
private
10
space
located
within
a
facility
owned,
operated,
or
controlled
11
by
the
state
entity
for
use
only
by
persons
of
a
single
12
biological
sex.
However,
a
state
entity
may
still
provide
for
13
single-occupancy
private
spaces,
and
for
family
restrooms,
14
changing
rooms,
or
sleeping
quarters.
15
The
bill
prohibits
a
person
from
entering
a
private
space
16
located
within
a
facility
owned,
operated,
or
controlled
by
17
a
state
entity
that
is
designated
for
use
by
persons
of
the
18
opposite
biological
sex.
The
bill
provides
exceptions
for
19
custodial,
maintenance,
inspection,
medical,
and
emergency
20
purposes,
for
individuals
in
need
of
or
providing
assistance,
21
and
for
children
under
the
age
of
10
who
are
accompanying
22
a
caregiver.
A
violation
of
this
provision
is
a
simple
23
misdemeanor;
however,
if
it
is
for
purposes
of
sexual
24
gratification,
the
violation
is
an
aggravated
misdemeanor.
A
25
simple
misdemeanor
is
punishable
by
confinement
for
no
more
26
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855,
27
and
an
aggravated
misdemeanor
is
punishable
by
confinement
for
28
no
more
than
two
years
and
a
fine
of
at
least
$855
but
not
more
29
than
$8,540.
30
The
bill
provides
that
a
state
entity
that
violates
the
31
bill’s
provisions
is
subject
to
a
civil
penalty
of
$5,000
for
32
the
first
violation
and
$25,000
for
each
subsequent
violation.
33
Civil
penalties
collected
by
the
attorney
general
under
the
34
bill
must
be
deposited
in
the
victim
compensation
fund.
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The
bill
allows
a
resident
of
the
state
to
file
a
complaint
1
with
the
attorney
general
concerning
a
violation
of
the
bill
2
by
a
state
entity
if
the
person
has
given
written
notice
to
3
the
state
entity
describing
the
violation
and
the
state
entity
4
does
not
cure
the
violation
within
three
business
days
after
5
receiving
the
written
notice.
The
attorney
general
is
required
6
to
investigate
the
claim
of
a
violation,
and
a
state
entity
7
must
provide
any
information
the
attorney
general
requests
in
8
connection
with
the
complaint.
9
The
bill
requires
the
attorney
general
to
provide
a
notice
10
to
the
state
entity
if
the
attorney
general
finds
that
legal
11
action
is
warranted.
If
the
state
entity
does
not
cure
the
12
violation
within
15
days
of
receiving
the
notice,
the
attorney
13
general
may
take
necessary
legal
action.
In
addition
to
14
collecting
the
civil
penalty,
the
attorney
general
may
recover
15
court
costs
and
reasonable
attorney
fees.
16
The
bill
permits
a
person
to
bring
a
civil
action
for
17
declaratory
relief,
injunctive
relief,
and
reasonable
attorney
18
fees
and
court
costs
against
a
state
entity
that
violates
the
19
bill.
The
bill
requires
a
person
who
seeks
declaratory
or
20
injunctive
relief
to
prevent
a
state
entity
from
enforcing
the
21
bill
to
pay
the
court
costs
and
attorney
fees
of
the
prevailing
22
party.
23
The
bill
provides
that
a
state
entity
requiring
a
private
24
space
to
be
designated
and
used
by
persons
of
the
same
25
biological
sex
does
not
constitute
an
unfair
or
discriminatory
26
practice
in
violation
of
the
Iowa
civil
rights
Act,
Code
27
chapter
216.
28
The
bill
takes
effect
upon
enactment.
29
-7-
LSB
1276XS
(6)
91
sc/ns
7/
7