The proposed bill SB486 aims to enhance safety and privacy in public facilities by establishing strict guidelines for the designation of multi-occupancy restrooms, changing rooms, and sleeping quarters based on an individual's biological sex. It clarifies definitions of "sex," "male," and "female," and mandates that shelters and correctional facilities designate these spaces exclusively for either females or males. Individuals are only permitted to access areas designated for their biological sex, with exceptions for custodial services, medical assistance, law enforcement duties, and emergencies. The bill also allows for the creation of single-occupancy or family facilities and includes provisions for accommodating individuals with disabilities, young children, and elderly persons needing assistance.
Additionally, the bill establishes a private cause of action for individuals who encounter members of the opposite sex in designated areas, enabling them to seek damages and injunctive relief against the facility for violations. It outlines the jurisdiction of the Arkansas State Claims Commission over related claims, including the recovery of attorney fees for prevailing parties. The bill also includes a severability clause to ensure that if any part is deemed invalid, the remaining provisions will still be enforceable.