AB 280 — Revises provisions relating to public restrooms. (BDR 54-132)
Last action — Approved by the Governor. Chapter 386.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 15, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
391 added · 414 removed391 line(s) added, 414 removed.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 19, 2021) FIRST REPRINT A.B.
280280–Assemblywomen APeters; SSEMBLY BILL NO .
280–ASSEMBLYWOMENBilbray-Axelrod PETERSand ;Torres CHAPTER..........
BILBRAY -A XELROD AND T ORRES M ARCH 15, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to public restrooms.
(BDR 54-132) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions relating to the signage for such single-single-stall stall restrooms;
making an appropriation;
Existing law provides that all persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages andqualand accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation,provides sexthat a place of public accommodation means any establishment or genderplace identityto which the public is invited or expression.which is intended for public use, including, without limitation, inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos, nurseries, private schools or universities, day care centers, senior citizen centers, gymnasiums, health spas and bowling alleys.
(NRS 651.070)651.050) ExistingIf lawsuch whichsection the1 publicof isthis invitedbill orrequires whichthe issingle-stall intendedrestroom forto publicbe use,as including,inclusive withoutand limitation,accessible inns,as hotels,possible motels,to restaurants,a bars,person gasolineof stations,any theaters,gender -identity *AB280_R1* – 2 – parks, zoos, nurseries, private schools or universities,expression, dayincluding, carewithout centers,limitation, seniorby citizenallowing: centers, gymnasiums, health spas and bowling alleys.
(NRS 651.050) If such a place of public accommodation provides a single-stall restroom to the public, section 1 of this bill requires the single-stall restroom to be as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:
and (3) a person of any (1)gender prohibitsidentity the owner or operatorexpression ofto use the placesingle-stall ofrestroom publicas accommodationneeded. fromtion 1:
Section 1:
(1) is intended for individual use;urinal, neither of which is separated from the other by enclosure within a stall.t and a - 81st Session (2021) – 2 – Finally, sections 1 and 6.5 of this bill provide that the provisions of sections 1 and with the Nevada Equal Rights Commission.action or authorize the filing of a complaint Sections 2, 3 and 15 of this bill make conforming changes relating to the applicability of section 1 and the placement of section 1 in the Nevada Revised Statutes.
and (2) contains a single toilet or a single urinal or contains both a toilet and a urinal.
Sections 2, 3 and 15 of this bill make conforming changes relating to the Statutes.
Section 5 of this bill provides that any person who deprives, interferes with or punishes another person for accessing such single-stall restrooms is liable to the person whose access is affected for actual damages that are recoverable by a civil action.
InSection addition9 toof thesethis changes,bill sectionrequires 1each allowscounty, city and any personother whogovernmental believesentity hethat oradopts shea discriminationbuilding orcode, segregationincluding school districts in larger counties, to fileinclude in its respective building code a complaintrequirement tothat any single-stall restroom by the public and that effectis constructed on or after October 1, 2021, comply with used provisions relating to the Nevadainclusivity Equaland Rightsaccessibility Commission.and signage of single-stall restrooms that are identical to the provisions that apply to places of public accommodations in section 1.
(NRS 651.110) Section 9 ofprovides this bill requires each county, city and any other governmental entity that adoptsif a buildingcounty code, including school districts in larger counties, to include in its respective building code a requirement that any single-stall restroom made available to the public and contained in a permanent building or facilitycity usedhas byno the public and that is constructed on or after October 1, 2021, comply with provisions relating to the inclusivity and accessibility and signage of single-stall restrooms that are identical to the provisions that apply to places of public building code, the county or city is required to adopt such requirements bysby no ordinance.
Sections 11 and 12 of this bill also make provisions relating to the inclusivity and accessibility and signage of single-stall restrooms that are identical to the provisionsa thatpublic applybuilding toor placesfacility ofowned by a public accommodationsbody inthat sectionprovides 1a applysingle-stall1) to:restroom to the public;
(1)and a(2) publican buildingarea leased by or facilityon ownedbehalf byof a public body thatand providesused aprimarily single-stallto restroomprovide a service to the public;public and certain leased areas within a state park.
and (2) an area leased by or on behalf of a public body and state park.
Section 14 of this bill authorizes a person to report a violation of section 12 to the Attorney General, who - *AB280_R1* – 3 – is required to notify the public body responsible for the alleged violation.
If the public body fails to comply with the provisions of section 12, section 14 requires theSection 15.5 of this bill provides that sections 4, 5 and 14, which are the enforcementAttorney provisionsGeneral ofto thistake bill,such doaction notas becomeis effectivenecessary untilto Februaryensure 1,compliance. 2022.
enforcement provisions of this bill, do not become effective until February 1, 2022.
Section 15.2 of this bill makes an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources for the costs of replacement signage and mounting hardware at restrooms in state parks.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The owner or operator of a place of public accommodation that provides a single-stall restroom to the public shall make the - 81st Session (2021) – 3 – single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:
(a) A parent or guardian of a child to enter the single-stall restroomres(b) A person with a disability to enter the child;single-stall restroom with his or her caregiver, if applicable;
(b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable;
The provisions of this section do not:
(a) Establish a private right of action against an owner or operator described in subsection 1;
or (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission, for a violation of the provisions of this section.
4.
Show all 127 changed lines (87 more)
(b) “Gendered signage” means any sign posted on a single- stall restroom that uses words or images of a person to denominate sex.sex(c) “Single-stall restroom” means a restroom that:
(c) “Single-stall restroom” means a restroom that:
or (II) A toilet and a urinal.urinal, neither of which is separated from the other by enclosure within a stall.
651.060 The provisions of NRS 651.050 to 651.110, inclusive, and section 1 of this act do not apply to any private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the - *AB280_R1* – 4 – customers or patrons of an establishment within the scope of NRS 651.050.
- 81st Session (2021) – 4 – Sec.
Notwithstanding any provision of NRS 651.050 to 651.110, inclusive, and section 1 of this act, it is not unlawful and is not a ground for a civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.
NRS(Deleted 651.090by isamendment.) herebySec. amended to read as follows:
651.090 1.
Any person who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right , [or] privilege or access secured by NRS 651.070 or 651.075 [;] or section 1 of this act;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right , [or] privilege or access secured by NRS 651.070 or 651.075 [;] or section 1 of this act;
or (c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right , [or] privilege or access secured by NRS 651.070 or 651.075 [,] or section 1 of this act, is liable to the person whose rights pursuant to NRS 651.070 or 651.075 or section 1 of this act are affected for actual damages, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.
2.
In an action brought pursuant to this section, the court may:
- *AB280_R1* – 5 – (a) Grant any equitable relief it considers appropriate, including temporary, preliminary or permanent injunctive relief, against the defendant.
(b) Award costs and reasonable attorney’s fees to the prevailing party.
Sec.
651.100 Any county or incorporated city of this state may adopt a local ordinance prohibiting infringement of the rights , [or] privileges or access secured by NRS 651.070 or 651.075 [,] orors , [or] section 1 of this act, but such an ordinance must not apply to any establishment outside the scope of NRS 651.050 and 651.060 or impose a penalty more severe than that provided by NRS 651.075 or 651.080.
7.6.5.
NRS 244.3675651.110 is hereby amended to read as follows:
651.110 [Any] 1.
Except as otherwise provided in subsection 2, any person who believes he or she has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin, disability, sexual orientation, sex or gender identity or - 81st Session (2021) – 5 – expression may file a complaint to that effect with the Nevada Equal Rights Commission.
2.
A complaint may not be filed with the Nevada Equal Rights Commission for a violation of section 1 of this act.
Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.
Except as otherwise provided ininblish NRS 278.580, those fees do not apply to the State of Nevada or the Nevada System of Higher Education.
- *AB280_R1* – 6 – Sec.
- 81st Session (2021) – 6 – (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable;
The owner or operator of such a permanent building or facility that contains a single-stall restroom which is available to thethey public shall not label the single-stall restroom with gendered signage, but may label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign that reads “All-Gender Bathroom” or “All-Accessible Bathroom.” 2.
(1)(2) IsContains:ed intended for individual use;
and (2)(I) Contains:A single toilet or a single urinal;
(I)or (II) A single toilet orand a singleurinal, urinal;neither of which is separated from the other by enclosure within a stall.
or (II) A toilet and a urinal.
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 9 of this act, unless the context otherwise requires, the - *AB280_R1* – 7 – words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
(a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to persons with a physical handicap- in81st publicSession buildings(2021) and– facilities7 designed– after July 1, 1973, in order to encourage and facilitate the employment ofofuly 1, persons with a physical handicap and to make public buildings accessible to and usable by persons with a physical handicap;
In addition, all plans and specifications for the construction or alteration of public buildings and facilities owned by a public body must comply with the applicable requirementsreq(a) Americans with Disabilities Act of the:1990, 42 U.S.C.
(a)§§ et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of 1990,Part 4236 U.S.C.of Title 28 of the Code of Federal Regulations;
§§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;
All public bodies shall, in the design, construction and alterationapplicable requirements of publicthe:and buildings and facilities comply with the applicable(a) requirementsAmericans with Disabilities Act of the:1990, 42 U.S.C.
(a)§§ et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of 1990,Part 4236 U.S.C.of Title 28 of the Code of Federal Regulations;
§§ 12101 et seq., and the regulations adopted pursuant thereto, - *AB280_R1* – 8 – including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;
and (c)- Fair81st HousingSession Act,(2021) 42– 8 – adopted pursuant thereto.42 U.S.C.
§ 3604, and the regulations adopted pursuantThe thereto.requirements of paragraph (a) of this subsection are not satisfied if the public body complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101- 19.6 of Title 41 of the Code of Federal Regulations.
The requirements of paragraph (a) of this subsection are not satisfied if the public body complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101- 19.6 of Title 41 of the Code of Federal Regulations.
and (2) If the toilet facility is for the exclusive use of persons of one gender:gender(I) Indicate that the toilet facility is for the exclusive use of persons of that gender;
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender;
The public body that owns the public building or facility which provides a single-stall restroom to the public shall not label the single-stall restroom with gendered signage and may label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign which reads “All-Gender Bathroom” or “All-Accessible Bathroom.” - *AB280_R1* – 9 – 6.
Each political subdivision shall verify - 81st Session (2021) – 9 – that all public buildings and facilities owned by the political subdivision conform with the requirements of this section.
[7.]the 8.Attorney General shall notify the public body responsible for the alleged violation.
Upon receiving a report pursuant to subsection [6,] 7, the Attorney General shall notify the public body responsible for the alleged violation.
The provisions of this section do not:
(a) Establish a private right of action against a public body described in subsection 5 or 6;
or (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission, for a violation of the provisions of subsection 5.
11.
(b) “Gendered signage” means any sign posted on a single- stall restroom that uses words or images of a person to denominate sex.
or (II) A toilet and a urinal.urinal, neither of which is separated from the other by enclosure within a stall.
The owner or operator of an area that is leased by or on behalf of a public body and is used primarily to provide a service to the public and which provides a single-stall restroom to the public, or such a leased area that is part of a complex of leased areas that provides a single-stall restroom to the public within the - 81st Session (2021) – 10 – common area of the complex, must make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:
(a) A parent or guardian of a child to enter the single-stall restroomres(b) A person with a disability to enter the child;single-stall restroom with his or her caregiver, if applicable;
- *AB280_R1* – 10 – (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable;
AsThe usedprovisions inof this section:section do not:
(a) Establish a private right of action against an owner or operator described in subsection 1;
or (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission, f6.
As used in this section:sions of this section.
or (II) A toilet and a urinal.urinal, neither of which is separated from the other by enclosure within a stall.
444.047 As used in this section and NRS 444.048 and 444.049 [,] and section 12 of this act, unless the context otherwise requires, “public- body”81st meansSession a(2021) governmental– body11 of– the State of Nevada, including, without limitation, an agency, department, division or political subdivision of the State of Nevada, or a local governmental body, including, without limitation, a county, city, municipality, township, school district or quasi-municipal corporation.
- *AB280_R1* – 11 – (a) Present evidence to the Attorney General that it is in compliance with NRS 444.048 [;] or section 12 of this act;
or (b) Begin any action necessary to comply with the requirements of NRS 444.048 or section 12 of this act and notify the Attorney Generalrequirements.e of the date on which it will be in compliance with those requirements.3.
3.If the public body fails to comply with NRS 444.048 [,] or section 12 of this act, the Attorney General shall take such action as is necessary to ensure compliance with NRS 444.048 [,] or section of this act, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
If the public body fails to comply with NRS 444.048 [,] or section 12 of this act, the Attorney General shall take such action as is necessary to ensure compliance with NRS 444.048 [,] or section 12 of this act, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
and (b) Uses symbols, raised letters and Braille to [:] , except as otherwiseotherwi(1) providedIdentify inthe sectiontoilet 1facility and the gender of thispersons act:who may use the toilet facility;
(1) Identify the toilet facility and the gender of persons who may use the toilet facility;
- 81st Session (2021) – 12 – 2.
or (b) Begin any action necessary to comply with the requirements of subsection 1 and notify the Attorney General of the date on which therequirements.commodation public accommodation will be in compliance with those requirements.4.
4.If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the Attorney General shall take such action as is necessary to ensure compliance with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the Attorney General shall take such action as is necessary to ensure compliance - *AB280_R1* – 12 – with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
15.2.
1.
There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $40,320 for the costs of replacement signage and mounting hardware for restrooms in state parks to comply with the provisions of this act.
2.
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec.
This section and sectionssection 1,15.2 2, 3, 6 to 13, inc2.siSections 4, 5 and 14 of this act become effective on,upon 2021.passage and approval.
February2. 1, 2022.
HSections -1, *AB280_R1*2, 3, 6 to 13, inclusive, and 15 of this act become effective on October 1, 2021.
3.
Sections 4, 5 and 14 of this act become effective on February 1, 2022.
~~~~~ 21 - 81st Session (2021)
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View plain text versions (5)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Reprint 3 View text pdf
- Introduced As Introduced pdf
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 386.
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Enrolled and delivered to Governor.
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Read third time. Amended. (Amend. No. 843.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 15, Nays: 6.) To printer. From printer. To re-engrossment. Re-engrossed. Third reprint. To Assembly. In Assembly. Senate Amendment No. 843 concurred in. To enrollment.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time.
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In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 797.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 36, Nays: 5, Excused: 1.) To printer. From printer. To reengrossment. Reengrossed. Second reprint. To Senate.
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From printer. To engrossment. Engrossed. First reprint. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 187.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Government Affairs. To printer.
Sponsors
- Selena Torres-Fossett · Cosponsor
- Shannon Bilbray-Axelrod · Cosponsor
- Sarah Peters · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 64 not signed on
Sponsors (1)
Co-sponsors (2)
- Torres-Fossett, Selena Democratic
- Shannon Bilbray-Axelrod
Not signed on (64)
64 members have not signed on to this bill.
Show all 64 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 280?
- AB 280 is sponsored by Torres-Fossett, Selena (Democratic), Shannon Bilbray-Axelrod, and Peters, Sarah.
- What is the current status of AB 280?
- This bill has been enacted into law. Introduced March 15, 2021. Enacted.
- Where can I track AB 280?
- Track AB 280 free on One Click Politics — get push/email alerts when it moves.
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