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 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.

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