SB 597 - This act establishes provisions relating to single-sex access to restrooms and other facilities in public buildings, public schools, charter schools, school districts, public institutions of higher education, and proprietary schools. The act defines "biological sex" as the biological indication of male or female in the context of reproductive potential or capacity, whereas "gender" is defined as the psychological, behavioral, social, and cultural aspects of being male or female. A "multi-occupancy facility" is defined as any restroom, locker room, changing room, or shower room that is accessible to multiple individuals at the same time. A "family facility" is a family restroom or shower room that does not have more than one toilet or shower. A "public building" is defined as any building owned by the state or any department, division, agency, or commission thereof, and any building operated by an entity that receives state funds.
Under the act, multi-occupancy facilities in public buildings, public schools, charter schools, school districts, public institutions of higher education, and proprietary schools shall be designated with clear signage for the exclusive use of persons of the male biological sex or the female biological sex only. A member of the male biological sex shall not be permitted to use a multi-occupancy facility that has been designated for the exclusive use of persons of the female biological sex, and a member of the female biological sex shall not be permitted to use a multi-occupancy facility that has been designated for the exclusive use of persons of the male biological sex. A multi-occupancy facility shall not be designated for use by persons of a particular gender or genders instead of, or in addition to, persons of a particular biological sex. However, this provision shall not be construed to prohibit the establishment of a family facility. Additionally, a public school, charter school, or school district shall not allow male and female students to share overnight accommodations in any setting where students are required to stay overnight.
Any policy adopted in accordance with this act shall provide an option for alternative accommodations for persons who request an accommodation due to special circumstances, as described in the act.
Finally, the act sets forth certain exceptions to the single-sex access restrictions established therein. For example, these restrictions shall not apply to a child under 10 years of age who is being assisted in a multi-occupancy facility by his or her parent. An employee whose job duties require him or her to enter a multi-occupancy facility designated for a biological sex that differs from the employee's biological sex shall also be exempt from these restrictions.
OLIVIA SHANNON