Bill Summary – FastDemocracy

0498.05000
     Sixty-eighth
     Legislative Assembly                     HOUSE BILL NO. 1473
     of North Dakota
     Introduced by
       Representatives S. Olson, Bellew, Henderson, Hoverson, Prichard, Steiner, VanWinkle
       Senator Paulson
  A BILL for an Act to create and enact a new section to chapter 12-44.1, a new section to chapter
  12-46, a new section to chapter 12-47, a new section to chapter 14-07.1, a new section to
  chapter 15-10, and two new sections to chapter 15.1-19 of the North Dakota Century Code,
  relating to participation in school-sponsored athletic events exclusively for males or females, the
  use of restrooms, locker rooms, and shower rooms in a public school, a dormitory or living
  facility controlled by the state board of higher education, a correctional facility, a domestic
  violence sexual assault organization facility, the North Dakota youth correctional center, and the
  penitentiary exclusively for males and females.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
     SECTION 1. A new section to chapter 12-44.1 of the North Dakota Century Code is created
 and enacted as follows:
     Restrooms and shower rooms exclusively for males or exclusively for females.
     1.    In a correctional facility, a restroom or shower room accessible by multiple inmates at
           the same time must be designated for use exclusively for males or exclusively for
           females.
     2.    In a correctional facility, a restroom or shower room designated for one sex may be
           used only by members of that sex.
     3.    This section does not prohibit an administrator or correctional facility staff member
           from providing a reasonable accommodation for an inmate, including a transgender or
           gender-nonconforming inmate.
     SECTION 2. A new section to chapter 12-46 of the North Dakota Century Code is created
 and enacted as follows:
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     Restrooms and shower rooms exclusively for males or exclusively for females.
      1.   At the North Dakota youth correctional center, a restroom or shower room accessible
           by multiple inmates at the same time must be designated for use exclusively for males
           or exclusively for females.
      2.   At the North Dakota youth correctional center, a restroom or shower room designated
           for one sex may be used only by members of that sex.
      3.   This section does not prohibit the administrator, an officer, or an employee from
           providing a reasonable accommodation for a child placed at the North Dakota youth
           correctional center, including a transgender or gender-nonconforming child.
    SECTION 3. A new section to chapter 12-47 of the North Dakota Century Code is created
 and enacted as follows:
    Restrooms and shower rooms exclusively for males or exclusively for females.
     1.   At the penitentiary, a restroom or shower room accessible by multiple inmates at the
          same time must be designated for use exclusively for males or exclusively for females.
     2.   At the penitentiary, a restroom or shower room designated for one sex may be used
          only by members of that sex.
     3.   This section does not prohibit the warden, a deputy warden, an officer, or an agent
          from providing a reasonable accommodation for an inmate, including a transgender or
          gender-nonconforming inmate.
    SECTION 4. A new section to chapter 14-07.1 of the North Dakota Century Code is created
 and enacted as follows:
    Restrooms and shower rooms exclusively for males or exclusively for females.
     1.   At a domestic violence sexual assault organization facility, a restroom or shower room
          accessible by multiple clients at the same time must be designated for use exclusively
          for males or exclusively for females.
     2.   At a domestic violence sexual assault organization facility, a restroom or shower room
          designated for one sex may be used only by members of that sex.
     3.   This section does not prohibit an agent, employee, or volunteer from providing a
          reasonable accommodation for a client, including a transgender or gender-
          nonconforming client.
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     SECTION 5. A new section to chapter 15-10 of the North Dakota Century Code is created
  and enacted as follows:
     Restrooms and shower rooms exclusively for males or exclusively for females.
      1.     In a dormitory or living facility controlled by an institution under the control of the state
             board of higher education, a restroom or shower room accessible by multiple residents
             at the same time must be designated for use exclusively for males or exclusively for
             females.
      2.     In a dormitory or living facility controlled by an institution under the control of the state
             board of higher education, a restroom or shower room designated for one sex may be
            used only by members of that sex.
     3.     This section applies to a dormitory or a dormitory floor in which residents are
            segregated by sex or gender.
     4.     This section does not prohibit a dormitory administrator or dormitory staff member
            from providing a reasonable accommodation for a resident, including a transgender or
            gender-nonconforming resident.
    SECTION 6. A new section to chapter 15.1-19 of the North Dakota Century Code is created
 and enacted as follows:
    Athletic events exclusively for males or exclusively for females.
     1.     The board of a public elementary or secondary school district may not knowingly allow
            an individual of the opposite sex who is enrolled in a public elementary or secondary
            school to participate on a school-sponsored athletic team that is exclusively for
            females or exclusively for males.
     2.     This section may not be construed to prohibit a female from participating in a school-
            sponsored athletic team or event that is exclusively for males.
    SECTION 7. A new section to chapter 15.1-19 of the North Dakota Century Code is created
 and enacted as follows:
    Restrooms, locker rooms, and shower rooms exclusively for males or exclusively for
 females.
     1.     In a public school or building on school district premises, a student restroom, locker
            room, or shower room accessible by multiple students at the same time must be
            designated for use exclusively for males or exclusively for females.
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     2.   In a public school or building on school district premises, a student restroom, locker
          room, or shower room designated for one sex may be used only by members of that
          sex.
     3.   This section does not prohibit a school administrator from providing a reasonable
          accommodation for a student, including a transgender or gender-nonconforming
          student. A reasonable accommodation may include the use of a single occupancy
          restroom or changing facility.
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