Rep. WATERS proposes the following amendment (LC-4756.HA0005H):
Amend the bill, as and if amended, SECTION 2, by striking Section 59-23-550 and inserting:
Section 59-23-550. (A) An individual who, while accessing a restroom or changing facility designated for use by their sex, encounters a person of the opposite sex in that restroom or changing facility, has a private cause of action for declaratory and injunctive relief against the public school or public institution of higher learning that:(1) provided the person permission to use a restroom or changing facility of the opposite sex; or
(2) failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing facility of the opposite sex.
(B) An individual required by the public school or public institution of higher learning to share sleeping quarters with a person of the opposite sex has a private cause of action for declaratory and injunctive relief against the offending public school or public institution of higher learning.
(C) All civil action brought pursuant to this section must be initiated within two years after the violation occurred. An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending public school or public institution of higher learning.
An individual who, while accessing a restroom or changing facility designated for use by their sex, encounters a person of the opposite sex in that restroom or changing facility or who is required to share sleeping quarters with a person of the opposite sex in violation of this act shall have the right to request a mediation hearing to address concerns of that individual and to establish a plan to prevent future occurrences. The mediation hearing must also address any concerns regarding bullying within the public school or public institution of higher learning and provide a framework for anti-bullying measures for that public school or public institution of higher learning.
Renumber sections to conform.
Amend title to conform.