This bill mandates that state entities, which include cities and counties but exclude public schools governed by existing law, designate private spaces within their facilities for use exclusively by individuals of the same biological sex. The bill defines "biological sex" based on chromosomes, sex organs, and birth certificates, and outlines what constitutes private spaces, such as restrooms and locker rooms. While the bill allows for the establishment of single-occupancy private spaces and family restrooms, it prohibits individuals from entering private spaces designated for the opposite biological sex, with specific exceptions for custodial, maintenance, medical, and assistance purposes, as well as for children under ten accompanying a caregiver.

Violations of this provision are classified as simple misdemeanors, with aggravated misdemeanors for violations intended for sexual gratification. The bill imposes civil penalties on state entities for violations, starting at $5,000 for the first offense and escalating to $25,000 for subsequent violations, with collected penalties directed to the victim compensation fund. It also establishes a complaint process for residents to report violations to the attorney general, who is tasked with investigating and enforcing compliance. Additionally, the bill allows individuals to pursue civil actions against state entities for violations and stipulates that those seeking to prevent enforcement of the bill must cover the prevailing party's legal costs. The bill is effective immediately upon enactment.

Statutes affected:
Introduced: 135E.5