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Subcommittee advances House Bill H 47 56 after amendment on restrooms and who may sue
Summary
A legislative subcommittee adopted an amendment to House Bill H 47 56 that tightens some language, requires at least one single-user restroom in public schools and institutions of higher learning, and broadens who may bring a private cause of action; the measure was reported favorably to the court committee.
Senator Edward Stubbs, of District 17, opened a subcommittee hearing on related bathroom bills and asked staff to explain differences between the House and Senate versions.
Donna, a staff member, told senators that House Bill H 47 56 is "very similar to S 199" but includes several changes: it defines biological sex as the sex "observed or clinically verified" at work; it requires all public school buildings and public institutions of higher learning to provide at least one single-user restroom and changing facility; and it allows multi-occupancy restrooms or locker rooms to be designated for exclusive use by members of one sex on a permanent or temporary basis (for example, alternating days for male and female teams). Donna also said the House language limits a private cause of action to "an employee or student," whereas other language had used the broader term "individual."
Senator Cash urged the committee to move the House bill forward because it has already progressed through the other chamber. He said he had requested an amendment that in part replaces some instances of "may" with "shall" and, in one section, changes the protected-party language from "employee or student" to "individual" so that nonemployees or visitors could be covered. "We're trying to protect women's spaces," Cash said while describing the intent behind the amendment and said the changes also aim to give institutions flexibility and limit fiscal impact.
Committee members questioned the reach of the broadened private-right language, asking whether it would allow suits by people with no connection to a school. Senators discussed scenarios such as vetted volunteers on school trips as examples of nonemployee, nonstudent individuals who might be present in school spaces.
After discussion, the committee adopted the amendment and voted to report House Bill H 47 56 to the court committee. The clerk recorded that "House bill 47 56 will be moved on to the court committee. Favorable 4 3 to 2." The transcript does not provide a clear, itemized roll-call tally for individual senators in the record available.
The Senate bill S 199 remained under consideration; the subcommittee concluded by acknowledging procedural business and adjourning.
