Relating to policies for certain private spaces in facilities of public entities, providing penalties, and including effective date provisions

This bill requires state entities, defined to include cities and counties, but to exclude public schools to the extent governed under current law, to designate each private space located within a facility owned, operated, or controlled by the state entity for use only by persons of a single biological sex. However, a state entity may still provide for single-occupancy private spaces, and for family restrooms, changing rooms, or sleeping quarters. The bill prohibits a person from entering a private space located within a facility owned, operated, or controlled by a state entity that is designated for use by persons of the opposite biological sex. The bill provides exceptions for custodial, maintenance, inspection, medical, and emergency purposes, for individuals in need of or providing assistance, and for children under the age of 10 who are accompanying a caregiver. A violation of this provision is a simple misdemeanor; however, if it is for purposes of sexual gratification, the violation is an aggravated misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855, and an aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. The bill provides that a state entity that violates the bill’s provisions is subject to a civil penalty of $5,000 for the first violation and $25,000 for each subsequent violation. Civil penalties collected by the attorney general under the bill must be deposited in the victim compensation fund. The bill allows a resident of the state to file a complaint with the attorney general concerning a violation of the bill by a state entity if the person has given written notice to the state entity describing the violation and the state entity does not cure the violation within three business days after receiving the written notice. The attorney general is required to investigate the claim of a violation, and a state entity must provide any information the attorney general requests in connection with the complaint. The bill requires the attorney general to provide a notice to the state entity if the attorney general finds that legal action is warranted. If the state entity does not cure the violation within 15 days of receiving the notice, the attorney general may take necessary legal action. In addition to collecting the civil penalty, the attorney general may recover court costs and reasonable attorney fees. The bill permits a person to bring a civil action for declaratory relief, injunctive relief, and reasonable attorney fees and court costs against a state entity that violates the bill. The bill requires a person who seeks declaratory or injunctive relief to prevent a state entity from enforcing the bill to pay the court costs and attorney fees of the prevailing party. The bill provides that a state entity requiring a private space to be designated and used by persons of the same biological sex does not constitute an unfair or discriminatory practice in violation of the Iowa civil rights Act, Code chapter 216. The bill takes effect upon enactment.