Senate Bill 2753

AN ACT TO ENACT THE SECURING AREAS FOR FEMALES EFFECTIVELY AND RESPONSIBLY (SAFER) ACT; TO STATE LEGISLATIVE FINDINGS; TO DEFINE TERMS; TO REQUIRE ANY PUBLIC BUILDING THAT MAINTAINS A RESTROOM TO HAVE A RESTROOM DESIGNATED FOR EXCLUSIVE USE BY FEMALES AND A RESTROOM DESIGNATED FOR EXCLUSIVE USE BY MALES OR TO HAVE A UNISEX RESTROOM; TO REQUIRE ANY PUBLIC BUILDING THAT MAINTAINS A CHANGING FACILITY SHALL TO HAVE A CHANGING FACILITY DESIGNATED FOR EXCLUSIVE USE BY FEMALES AND A CHANGING FACILITY DESIGNATED FOR EXCLUSIVE USE BY MALES OR A UNISEX CHANGING FACILITY; TO PROVIDE LIMITED CIRCUMSTANCES IN WHICH A PERSON MAY ENTER A RESTROOM OR CHANGING FACILITY DESIGNATED FOR THE OPPOSITE SEX; TO REQUIRE AN APPLICABLE GOVERNMENTAL ENTITY TO ESTABLISH REGULATIONS AND PROCEDURES FOR WHEN A PERSON ENTERS A RESTROOM OR CHANGING FACILITY OF THE OPPOSITE SEX AND REFUSES TO DEPART; TO PROVIDE THAT THE REFUSAL TO DEPART THE RESTROOM OR CHANGING FACILITY SHALL BE A MISDEMEANOR TRESPASS; TO CREATE A PRIVATE CAUSE OF ACTION; TO REQUIRE THE ATTORNEY GENERAL TO ENFORCE THE PROVISIONS OF THIS ACT; TO REQUIRE A REPORT TO CERTAIN GOVERNMENTAL ENTITIES; TO REQUIRE THE STATE OR ITS POLITICAL SUBDIVISIONS TO DISAGGREGATE GATHERED DATA OF INDIVIDUALS BY SEX AS EITHER MALE OR FEMALE AS DEFINED IN SECTION 1-3-40, MISSISSIPPI CODE OF 1972, WHEN IT GATHERS DATA OF INDIVIDUALS THAT IS DISAGGREGATED BY SEX; TO CREATE NEW SECTION 1-3-40, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS OF "FEMALE," "MALE," "SEX," "GIRL," "BOY," "WOMAN," "MAN," "MOTHER" AND "FATHER" WHEN THE TERMS ARE USED IN ANY STATUTE; TO PROVIDE FOR SEVERABILITY OF THE ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This chapter shall be known and may be cited as "Securing Areas for Females Effectively and Responsibly Act" or the "SAFER Act."

SECTION 2. The Legislature finds and declares that:

(a) Females and males should be provided areas, including restrooms and changing facilities, for their exclusive use, respective to their sex, in order to maintain public safety, decency, decorum and privacy.

(b) There are important governmental reasons to distinguish between the sexes with respect to spaces such as prisons, detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and other areas where biology, safety and/or privacy are implicated.

(c) As such, policies and laws that distinguish between the sexes are subject to intermediate constitutional scrutiny, which forbids unfair discrimination against similarly situated males and females but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives.

SECTION 3. For purposes of this chapter, the following terms shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) "Changing facility" means a space designated for multiple individuals to dress or undress within the same space, including, but not limited to, a dressing room, fitting room, locker room, changing room or shower room.

(b) "Public building" means any building, facility or space owned, leased or controlled by, or leased to, the state or any of its political subdivisions including, but not limited to, counties, municipalities, institutions of higher learning or community colleges.

(d) "Unisex changing facility" means a room intended for a single occupant or a family in which one or more persons may be in a state of undress, including, but not limited to, a dressing room, fitting room, locker room, changing room or shower room that is enclosed by floor-to-ceiling walls and accessed by a full door with a secure lock that prevents another individual from entering while the changing facility is in use.

(e) "Unisex restroom" means a room that includes a toilet or urinal and that is intended for a single occupant or a family, is enclosed by floor-to-ceiling walls and is accessed by a full door with a secure lock that prevents another individual from entering while the room is in use.

SECTION 4. (1) Any public building that maintains a restroom must, at a minimum, have:

(a) A restroom designated for exclusive use by females and a restroom designated for exclusive use by males; or

(b) A unisex restroom.

(2) Any public building that maintains a changing facility shall, at a minimum, have:

(a) A changing facility designated for exclusive use by females and a changing facility designated for exclusive use by males; or

(b) A unisex changing facility.

SECTION 5. (1) For purposes of this chapter, a person may only enter a restroom or changing facility designated for the opposite sex under the following circumstances:

(a) To accompany a person of the opposite sex for the purpose of assisting or chaperoning a child under the age of 12, a vulnerable person as defined by Section 43-47-5, or a person with a disability as defined by Section 43-6-203(b);

(b) For law enforcement or governmental regulatory purposes;

(c) For the purpose of rendering emergency medical assistance or to intervene in any other emergency situation where the health or safety of another person is at risk;

(d) For custodial, maintenance, or inspection purposes, provided that the restroom or changing facility is not in use; or

(e) If the appropriate designated restroom or changing facility is out of order or under repair and the restroom or changing facility designated for the opposite sex contains no person of the opposite sex.

(2) The applicable governmental entity for each public building under its ownership, control or lease shall, within ninety (90) days, establish regulations and procedures for any person who willfully enters, for a purpose other than those listed in subsection (1) of this section, a restroom or changing facility designated for the opposite sex on the premises and refuses to depart when asked to do so by any employee or contractor of the owner, lessee or lessor of a public building.

(3) A person who willfully enters, for a purpose other than those listed in subsection (1) of this section, a restroom or changing facility clearly designated for the opposite sex on the premises of a public building and refuses to depart when asked to do so by an employee or contractor of the owner, lessee or lessor of a public building shall be guilty of a misdemeanor trespass to be punished as provided in Section 97-17-97.

SECTION 6. (1) A person may assert a violation of this chapter as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, punitive damages as provided under Section 11-1-65, when sought against a party other than the state or its political subdivisions, or any other appropriate relief. A prevailing party who establishes a violation of this chapter shall recover reasonable attorney's fees. Such claim may be brought against any of the applicable governmental entities for each public building under its ownership, control or lease which caused or contributed to a violation of this chapter.

(2) A minor may bring an action throughout their minority through a parent or next friend and may bring an action in their own name upon reaching the age of majority.

(3) Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

SECTION 7. (1) The Attorney General may bring an action to enforce compliance with this chapter.

(2) This chapter does not deny, impair, or otherwise affect any right or authority of the Attorney General, the State of Mississippi, or any agency, officer, or employee of the state, acting under any law other than this act, to institute or intervene in any proceeding.

SECTION 8. (1) On or before July 1, 2025, every governmental entity, for each public building under its ownership, control or lease, shall provide a report and documentation regarding its compliance with the provisions of this act to the Department of Finance and Administration. On or before December 1, 2025, the Department of Finance and Administration shall file a combined report of each governmental entities compliance with the provisions of this act to the Speaker of the Mississippi House of Representatives, the Lieutenant Governor and the Governor.

(2) The Department of Finance and Administration shall promulgate rules and regulations to implement this section.

SECTION 9. When the state or its political subdivisions, as defined by Section 11-46-1(i), gather data of individuals that are disaggregated by sex, the state or its political subdivisions shall disaggregate the data of individuals by sex as either male or female as defined in Section 1-3-40.

SECTION 10. The following shall be codified as Section 1-3-40, Mississippi Code of 1972:

1-3-40. (a) The term "female," when used in any statute, shall mean an individual who has, had, will have through the course of normal development, or would have had, but for a developmental anomaly, genetic anomaly, disease, or injury, the reproductive system that at some point produces ova.

(b) The term "male," when used in any statute, shall means an individual who has, had, will have through the course of normal development, or would have had, but for a developmental anomaly, genetic anomaly, disease, or injury, the reproductive system that at some point produces sperm.

(c) The term "sex," when used to classify a natural person in any statute, shall mean the biological indication of male and female at birth, without regard to an individual's "gender identity" or any other terms intended to convey a person's psychological, chosen or subjective experience or sense of self.

(d) The term "girl," when used in any statute, shall mean a human female who is a minor.

(e) The term "boy," when used in any statute, shall mean a human male who is a minor.

(f) The term "woman" when used in any statute, shall mean a human female who is not a minor.

(g) The term "man," when used in any statute, shall means a human male who is not a minor.

(h) The term "mother," when used in any statute, shall mean a female parent.

(i) The term "father," when used in any statute, shall mean a male parent.

SECTION 11. Any provision of this act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable under Section 1-3-77 and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

SECTION 12. Sections 1 through 8 of this act shall be codified as a separate chapter within Title 29, Mississippi Code of 1972.

SECTION 13. This act shall take effect and be in force from and after its passage.