New Mexico 2019 Regular Session Status: Enacted 1 D cosponsors

HB 388 — GENDER-FREE RESTROOMS

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 72% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

54 added · 116 removed

Plain-language change summary

The updated version of Bill HB 388, now titled the "Gender-Free Restrooms Act," clarifies that both existing and newly constructed single-occupancy restrooms in public places must be accessible to everyone, regardless of their gender identity or sex. This change aims to promote inclusivity and ensure that all individuals feel comfortable and safe when using public restrooms. By using gender-neutral signage, the act further emphasizes the removal of barriers related to gender, making facilities more welcoming for all.

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HOUSE BILL 388 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Angelica Rubio Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.
AN ACT RELATING TO PUBLIC FACILITIES;
It is a tool to show the amendments in context and is not to be used for the purpose of amendments.
MAKING EXISTING OR NEWLY CONSTRUCTED SINGLE-OCCUPANCY RESTROOMS IN A PUBLIC ACCOMMODATION ACCESSIBLE REGARDLESS OF GENDER IDENTITY OR SEX.
AN ACT RELATING TO HflºPUBLIC»Hfl HflºEXISTING OR NEWLY CONSTRUCTED h SINGLE-OCCUPANCY»Hfl FACILITIES;
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
MAKING PUBLIC RESTROOMS g o t hr HflºIN A PUBLIC ACCOMMODATION»Hfl ACCESSIBLE REGARDLESS OF g e i k GENDER IDENTITY OR SEX.
SECTION 1.
h r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SHORT TITLE.--This act may be cited as the "Gender-Free Restrooms Act".
e u g e b l e e h SECTION 1.
SECTION 2.
[NEW MATERIAL ] SHORT TITLE.--This act may be n d d i = = o h cited as the "Gender-Free Restrooms Act".
DEFINITIONS.--As used in the Gender-Free Restrooms Act:
l ] b ,d i a º e SECTION 2.
A.
[NEW MATERIAL] DEFINITIONS.--As used in the r i = r t e w d m a n o Gender-Free Restrooms Act:
d m :
b e d s º o t n = .212114.2 s k m e e a n e d r e l u [ A d A.
"public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private;
"public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that HB 388/a is by its nature and use distinctly private;
and D.
and Page 1 D.
h g SECTION 3.
SECTION 3.
[NEW MATERIAL ] PUBLIC FACILITY AVAILABILITY.– o t hr Hflº A.»Hfl A single-user toilet facility Hflºthat exists g e i k or is constructed on or after July 1, 2019»Hfl in a public h r i s h accommodation shall be:
PUBLIC FACILITY AVAILABILITY.-- A.
, t, e u g HflºA.
A single-user toilet facility that exists or is constructed on or after July 1, 2019 in a public accommodation shall be:
(1)»Hfl made available to any person e b l e e h regardless of gender identity or sex;
(1) made available to any person regardless of gender identity or sex;
n d d i = = o h HflºB.
(2) designated for use by not more than one occupant at a time or for family or assisted use;
(2)»Hfl designated for use by not more than l ] b ,d i a º e r i = r one occupant at a time or for family or assisted use;
and (3) identified with gender-neutral signage.
and t e w d m a n o HflºC.
B.
(3)»Hfl identified with gender-neutral d m :
Nothing in this section shall be construed to require construction of a new, single-user toilet facility if one does not exist in a public accommodation.
b e d s º o t n = .212114.2 s k m e - 2 - e a n e d r e l u [ A d signage.
SECTION 4.
HflºB.
Nothing in this section shall be construed to require construction of a new, single-user toilet facility if one does not exist in a public accommodation.»Hfl SECTION 4.
- 3 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
HB 388/a Page 2 25
b r e t º o t n = .212114.2 s k em e e a n e d r e l u [ A d
View plain text versions (3)

Action History

  1. Signed

  2. passed Senate

  3. DO PASS committee report adopted

  4. Sent to Senate Corporations and Transportation Committee

  5. passed House

  6. floor substitute adopted (1 amendment)

  7. withdrawn from committee

  8. DO PASS committee report adopted

  9. Sent to House State Government, Elections & Indian Affairs Committee & House Judiciary Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

house passage

Passed 54 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 24703
Republican 6501
Democrat 24000
Total 541204
% of votes cast 77%17%0%6%
How each member voted (70)
Member Party Vote
Akhil — Yea
Allison — Yea
Madrid — Yea
Martmnez, Javier — Yea
Bash — Yea
Pratt — Yea
Rehm — Yea
Salazar, Tomás — Yea
Sanchez — Yea
Stansbury — Yea
Garcma, M.P. — Yea
Gonzales — Yea
Hochman — Yea
Black — Nay
Alcon — Yea
Anderson — Nay
Baldonado — Yea
Bandy — Yea
Chasey — Not Voting
Cook — Nay
Crowder — Nay
Egolf — Yea
Ely — Yea
Fajardo — Yea
Harper — Not Voting
Lewis — Yea
Louis — Yea
Nibert — Nay
Powdrell-Culbert — Yea
Ruiloba — Not Voting
Schmedes — Nay
Stapleton — Yea
Strickler — Nay
Sweetser — Yea
Andrea Romero Democrat Yea
Angelica Rubio Democrat Yea
Antonio Maestas Democrat Yea
Christine Chandler Democrat Yea
D. Wonda Johnson Democrat Yea
Debra M. Sariñana Democrat Yea
Derrick J. Lente Democrat Yea
Doreen Y. Gallegos Democrat Yea
Elizabeth "Liz" Thomson Democrat Yea
G. Andrés Romero Democrat Yea
Joanne J. Ferrary Democrat Yea
Joy Garratt Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Yea
Micaela Lara Cadena Democrat Yea
Natalie Figueroa Democrat Yea
Nathan P. Small Democrat Yea
Patricia A. Lundstrom Democrat Yea
Patricia Roybal Caballero Democrat Yea
Raymundo Lara Democrat Yea
Susan K. Herrera Democrat Yea
Alan T. Martinez Republican Yea
Candy Spence Ezzell Republican Nay
Cathrynn N. Brown Republican Nay
David M. Gallegos Republican Nay
Gail Armstrong Republican Yea
Gail Armstrong Republican Not Voting
Jack Chatfield Republican Yea
James G. Townsend Republican Nay
Larry R. Scott Republican Yea
Martin R. Zamora Republican Nay
Rebecca Dow Republican Yea
Rod Montoya Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 388?
HB 388 is sponsored by Angelica Rubio (Democrat).
What is the current status of HB 388?
This bill has been enacted into law. Introduced January 28, 2019. Enacted.
Where can I track HB 388?
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