HB 388 — GENDER-FREE RESTROOMS
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed House
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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 January 28, 2019. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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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 removedPlain-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.
HOUSEAN BILLACT 388RELATING 54THTO LEGISLATUREPUBLIC -FACILITIES; 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.
ItMAKING isEXISTING aOR toolNEWLY toCONSTRUCTED showSINGLE-OCCUPANCY theRESTROOMS amendmentsIN inA contextPUBLIC andACCOMMODATION isACCESSIBLE notREGARDLESS toOF beGENDER usedIDENTITY forOR theSEX. purpose of amendments.
AN7 ACTBE RELATINGIT TOENACTED HflºPUBLIC»HflBY HflºEXISTINGTHE ORLEGISLATURE NEWLYOF CONSTRUCTEDTHE hSTATE SINGLE-OCCUPANCY»HflOF FACILITIES;NEW MEXICO:
MAKINGSECTION PUBLIC1. RESTROOMS g o t hr HflºIN A PUBLIC ACCOMMODATION»Hfl ACCESSIBLE REGARDLESS OF g e i k GENDER IDENTITY OR SEX.
hSHORT rTITLE.--This iact smay hbe ,cited t,as BEthe IT"Gender-Free ENACTEDRestrooms BYAct". THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e u g e b l e e h SECTION 1.2.
[NEWDEFINITIONS.--As MATERIALused ]in SHORT TITLE.--This act may be n d d i = = o h cited as the "Gender-FreeGender-Free Restrooms Act".Act:
lA. ] b ,d i a º e SECTION 2.
[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 HB 388/a is by its nature and use distinctly private;
and Page 1 D.
h g SECTION 3.
[NEW MATERIAL ] PUBLIC FACILITY AVAILABILITY.–AVAILABILITY.-- oA. 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:
,A t,single-user etoilet ufacility gthat HflºA.exists or is constructed on or after July 1, 2019 in a public accommodation shall be:
(1)»Hfl(1) made available to any person e b l e e h regardless of gender identity or sex;
n(2) ddesignated dfor iuse =by =not omore hthan HflºB.one occupant at a time or for family or assisted use;
(2)»Hfland designated(3) foridentified usewith bygender-neutral notsignage. more than l ] b ,d i a º e r i = r one occupant at a time or for family or assisted use;
andB. t e w d m a n o HflºC.
(3)»HflNothing identifiedin withthis gender-neutralsection dshall mbe :construed to require construction of a new, single-user toilet facility if one does not exist in a public accommodation.
bSECTION e4. 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.
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.
-HB 3388/a -Page »2 g25 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 :
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)
- Final Version View text Current pdf
- Amended Amendments in Context pdf
- Introduced introduced version pdf
Action History
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Signed
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passed Senate
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DO PASS committee report adopted
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Sent to Senate Corporations and Transportation Committee
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passed House
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floor substitute adopted (1 amendment)
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withdrawn from committee
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DO PASS committee report adopted
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Sent to House State Government, Elections & Indian Affairs Committee & House Judiciary Committee
Sponsors
- Angelica Rubio · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on · 5 voted No
Sponsors (1)
- Angelica Rubio Democrat
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 7 | 0 | 3 |
| Republican | 6 | 5 | 0 | 1 |
| Democrat | 24 | 0 | 0 | 0 |
| Total | 54 | 12 | 0 | 4 |
| % 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 |
Subjects
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?
- Track HB 388 free on One Click Politics — get push/email alerts when it moves.
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