Vote Smart's Synopsis:

Vote to concur with House passage and pass a bill that requires individuals to use facilities that correspond with their biological sex at birth in Montana.

Highlights:

• Requires individuals to use restrooms, changing room facilities, and sleeping quarters that correspond with their biological sex at birth in Montana (Sec. ).

• Defines “restroom” in this bill as a room that includes one or more toilets or urinals (Sec. 2).

• Defines “Changing room” in this bill as a room or area in which an individual may be in a state of undress in the presence of others, including a locker room or shower room (Sec. 2).

• Defines “sleeping quarters” as a room with one or more beds and in which more than one individual is housed overnight (Sec. 2).

• Authorizes that an individual who, while accessing a restroom or changing room designated for use by the individual's sex, encounters another individual of the opposite sex in the restroom or changing room has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity that (Sec. 2-6):

• Provided the other individual permission to use a restroom or changing room designated for the opposite sex; or

• Failed to take reasonable steps to prohibit the other individual from using the restroom or changing room designated for the opposite sex.

• Specifies that an individual who is required by a covered entity to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity (Sec. 5).

• Defines “Covered entity” as a correctional center, a juvenile detention facility, a local domestic violence program, a public building, or a public school (Sec. 2).

• Requires all civil actions brought under this bill must be initiated within 2 years after the violation occurred and specifies that an individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending covered entity (Sec. 5).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires individuals to use facilities that correspond with their biological sex at birth in Montana.

Highlights:

• Requires individuals to use restrooms, changing room facilities, and sleeping quarters that correspond with their biological sex at birth in Montana (Sec. ).

• Defines “restroom” in this bill as a room that includes one or more toilets or urinals (Sec. 2).

• Defines “Changing room” in this bill as a room or area in which an individual may be in a state of undress in the presence of others, including a locker room or shower room (Sec. 2).

• Defines “sleeping quarters” as a room with one or more beds and in which more than one individual is housed overnight (Sec. 2).

• Authorizes that an individual who, while accessing a restroom or changing room designated for use by the individual's sex, encounters another individual of the opposite sex in the restroom or changing room has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity that (Sec. 2-6):

• Provided the other individual permission to use a restroom or changing room designated for the opposite sex; or

• Failed to take reasonable steps to prohibit the other individual from using the restroom or changing room designated for the opposite sex.

• Specifies that an individual who is required by a covered entity to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity (Sec. 5).

• Defines “Covered entity” as a correctional center, a juvenile detention facility, a local domestic violence program, a public building, or a public school (Sec. 2).

• Requires all civil actions brought under this bill must be initiated within 2 years after the violation occurred and specifies that an individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending covered entity (Sec. 5).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 7).

Full Bill Text