MODEL BILLS

Gender-Free Restrooms Act

Summary: The Gender-Free Restrooms Act requires that any single-user toilet facility in a public building or place of public accommodation shall be available to persons of any gender.

Based upon Vermont HB 333 (2018)

SECTION 1. SHORT TITLE

This Act shall be called the “Gender Free Restrooms Act.”

SECTION 2. GENDER-FREE RESTROOMS

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this section:

1) “Place of public accommodation” has the same meaning as in [cite code provision].

2) “Public building” has the same meaning as in [cite code provision].

3) “Single-user toilet facility” means a single-occupancy restroom with at least one water closet and with an outer door that can be locked by the occupant.

(B) SINGLE-USER RESTROOMS

1) Notwithstanding any other provision of law, any single-user toilet facility in a public building or place of public accommodation shall be made available for use by persons of any gender, and designated for use by not more than one occupant at a time or for family or assisted use. A single-user toilet facility may be identified by a sign, provided that the sign marks the facility as a restroom and does not indicate any specific gender.

2) The [Commissioner of Public Safety] may inspect for compliance under [cite code provision for inspections].

(C) APPLICATION OF PLUMBING RULES

[This section if there is an existing conflict]

1) Notwithstanding the requirements of any [plumbing code] adopted by the [Plumber’s Licensing Board] under [cite code provision], a toilet facility may be designated for use by persons of any gender. No separate male or female facility is required if the total number of required plumbing fixtures is provided by toilet facilities designated for use by persons of any gender.

2) When the total number of required plumbing fixtures in a [plumbing code] adopted by the [Plumber’s Licensing Board] under [cite code provision] is fixed separately for women and men, the [Board] shall make rules consistent with this section to govern how plumbing fixtures in toilet facilities designated for use by persons of any gender shall contribute to the total number of plumbing fixtures required by the [plumbing code].

SECTION 3. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.