Committee hears extended testimony on SB486, a restroom privacy bill; no final vote

A legislative committee spent much of its meeting on Senate Bill 486, which Representative Bentley said would require covered entities to ‘‘take reasonable steps to provide an individual with privacy in a designated multi-occupancy restroom, changing room, and sleeping quarter’’ and to prevent use ‘‘by a member of the opposite sex.’’ The committee heard objections from advocates, attorneys and citizens concerned about the bill’s effect on transgender people and about fiscal and enforcement issues.

Representative Bentley, the bill’s sponsor in the committee, described the measure as extending privacy protections to universities, correctional facilities, domestic violence shelters and public buildings owned by the state and its subdivisions. Bentley said the bill was similar to a privacy bill passed for kindergarten through 12th grade in the prior session and that it addresses situations Bentley described as exposing young girls to risk.

Committee members and witnesses repeatedly debated two central questions: whether existing Arkansas criminal law already addresses intentional exposure and whether this bill would criminalize or otherwise burden transgender and intersex people. Representative Clowney and public witnesses pressed the committee to acknowledge the existence of people who present differently than what a birth-assigned sex might indicate and questioned whether the bill’s text would force such people to use a restroom inconsistent with their gender presentation.

Stephanie Nichols, identified on the record as “an allied attorney with Alliance Defending Freedom,” testified in support of the bill. In opposition, Kristen Stewart, a private citizen, called the bill “mean spirited, cruel, and frankly, a waste of everyone’s time,” and said it would “make [transgender Arkansans’] daily existence harder, scarier, and more dangerous.” JP Tribble, testifying as a private citizen and an attorney, argued the measure was “a form of state bullying” and raised constitutional concerns, citing Bostock v. Clayton County, Georgia, as a Supreme Court decision addressing discrimination on the basis of gender identity.

Lawmakers also discussed fiscal impacts. A fiscal-impact statement on committee desks, prepared at Representative Collins’s request, said certain costs were undetermined and that the bill would not have a direct budgetary impact on state agencies; Collins and other members said local governments, historic buildings and small counties could face retrofit costs to achieve compliance. Representative Bentley said his rural county already had separate male and female restrooms and stood by the fiscal statement he had previously cited.

The committee also debated public testimony procedures. Multiple members noted the meeting needed to adjourn at 1:30 p.m. per chamber rules and the chair said the committee had about 28 minutes on the clock when the bill began. Representative Crawford moved to limit testimony to two minutes per person; Representative Aldridge moved to allow unlimited public testimony. The transcript shows the motion to limit was put to a voice vote and the chair then announced members had decided not to limit testimony and to allow public comment as the committee historically had. The transcript records fourteen individuals signed up to speak in opposition to the bill; time constraints meant many speakers could not complete testimony before the committee recessed.

No final committee vote on SB486 was recorded in the transcript provided. The committee adjourned to recess until 15 minutes after the adjournment of the House, leaving further consideration to subsequent meetings.