Bill

Bill > AB280


NV AB280

NV AB280
Revises provisions relating to public restrooms. (BDR 54-132)


summary

Introduced
03/15/2021
In Committee
05/30/2021
Crossed Over
05/28/2021
Passed
06/03/2021
Dead
Signed/Enacted/Adopted
06/04/2021

Introduced Session

81st Legislature (2021)

Bill Summary

Legislative Counsel's Digest: Existing law provides that all persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression. (NRS 651.070) Existing law provides that a place of public accommodation means any establishment or place to which the public is invited or which is intended for public use, including, without limitation, inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos, nurseries, private schools or universities, day care centers, senior citizen centers, gymnasiums, health spas and bowling alleys. (NRS 651.050) If such a place of public accommodation provides a single-stall restroom to the public, section 1 of this bill requires the single-stall restroom to be as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing: (1) a parent or guardian of a child to enter the single-stall restroom with the child; (2) a person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and (3) a person of any gender identity or expression to use the single-stall restroom as needed. Section 1: (1) prohibits the owner or operator of the place of public accommodation from labeling the single-stall restroom with signage that indicates the restroom is for a specific gender; and (2) authorizes the labeling of the single-stall restroom as available for use by any person, including, without limitation, by posting a sign which reads All-Gender Bathroom or All-Accessible Bathroom. Section 1 provides that a single-stall restroom is a restroom that: (1) is intended for individual use; and (2) contains a single toilet or a single urinal or contains both a toilet and a urinal, neither of which is separated from the other by enclosure within a stall. Finally, sections 1 and 6.5 of this bill provide that the provisions of sections 1 and 6.5 do not establish a private right of action or authorize the filing of a complaint with the Nevada Equal Rights Commission. Sections 2, 3 and 15 of this bill make conforming changes relating to the applicability of section 1 and the placement of section 1 in the Nevada Revised Statutes. Section 4 of this bill provides that any person who deprives, interferes with or punishes another person for accessing such single-stall restrooms is guilty of a misdemeanor. Section 6 of this bill authorizes any county or incorporated city of this State to adopt a local ordinance that prohibits an infringement of a person s rights, privileges or access to such single-stall restrooms. Section 9 of this bill requires each county, city and any other governmental entity that adopts a building code, including school districts in larger counties, to include in its respective building code a requirement that any single-stall restroom made available to the public and contained in a permanent building or facility used by the public and that is constructed on or after October 1, 2021, comply with provisions relating to the inclusivity and accessibility and signage of single-stall restrooms that are identical to the provisions that apply to places of public accommodations in section 1. Section 9 provides that if a county or city has no building code, the county or city is required to adopt such requirements by ordinance. Sections 7, 8 and 10 of this bill make conforming changes relating to the applicability of the requirements contained in section 9 as well as the placement of section 9 in the Nevada Revised Statutes. Sections 11 and 12 of this bill also make provisions relating to the inclusivity and accessibility and signage of single-stall restrooms that are identical to the provisions that apply to places of public accommodations in section 1 apply to: (1) a public building or facility owned by a public body that provides a single-stall restroom to the public; and (2) an area leased by or on behalf of a public body and used primarily to provide a service to the public and certain leased areas within a state park. Section 12 provides that a contract for such a leased area that does not satisfy these requirements which is entered into on or after October 1, 2021, is void and unenforceable. Section 13 of this bill makes a conforming change relating to the placement of section 12 in the Nevada Revised Statutes. Section 14 of this bill authorizes a person to report a violation of section 12 to the Attorney General, who is required to notify the public body responsible for the alleged violation. If the public body fails to comply with the provisions of section 12, section 14 requires the Attorney General to take such action as is necessary to ensure compliance. Section 15.5 of this bill provides that sections 4, 5 and 14, which are the enforcement provisions of this bill, do not become effective until February 1, 2022. Section 15.2 of this bill makes an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources for the costs of replacement signage and mounting hardware at restrooms in state parks. SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 651 of NRS is hereby amended by adding thereto a new section to read as follows: 1. The owner or operator of a place of public accommodation that provides a single-stall restroom to the public shall make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing: (a) A parent or guardian of a child to enter the single-stall restroom with the child; (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and (c) A person of any gender identity or expression to use the single-stall restroom as needed. 2. The owner or operator of a place of public accommodation that provides a single-stall restroom to the public: (a) Shall not label the single-stall restroom with gendered signage; and (b) May label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign that reads All-Gender Bathroom or All-Accessible Bathroom. 3. The provisions of this section do not: (a) Establish a private right of action against an owner or operator described in subsection 1; or (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission, for a violation of the provisions of this section. 4. As used in this section: (a) Caregiver has the meaning ascribed to it in NRS 449A.306. (b) Gendered signage means any sign posted on a single-stall restroom that uses words or images of a person to denominate sex. (c) Single-stall restroom means a restroom that: (1) Is intended for individual use; and (2) Contains: (I) A single toilet or a single urinal; or (II) A toilet and a urinal, neither of which is separated from the other by enclosure within a stall. Sec. 2. NRS 651.060 is hereby amended to read as follows: 651.060 The provisions of NRS 651.050 to 651.110, inclusive, and section 1 of this act do not apply to any private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of NRS 651.050.

AI Summary

This bill requires that single-stall restrooms in places of public accommodation, public buildings, and certain leased areas be made as inclusive and accessible as possible to people of any gender identity or expression. The bill prohibits labeling single-stall restrooms with gendered signage, and allows the use of signs like "All-Gender Bathroom" or "All-Accessible Bathroom". The bill also establishes enforcement provisions, makes appropriations for state park signage, and sets different effective dates for various sections of the bill.

Committee Categories

Business and Industry, Government Affairs

Sponsors (3)

Last Action

Approved by the Governor. Chapter 386. (on 06/04/2021)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...