Text of ND HB 1473 (2023)

23.0498.05000 Sixty-eighth Legislative Assembly of North Dakota Introduced by Representatives S. Olson, Bellew, Henderson, Hoverson, Prichard, Steiner, VanWinkle Senator Paulson A BILL for an Act to create and enact a new section to chapter 12-44.1, a new section to chapter 12-46, a new section to chapter 12-47, a new section to chapter 14-07.1, a new section to chapter 15-10, and two new sections to chapter 15.1-19 of the North Dakota Century Code, relating to participation in school-sponsored athletic events exclusively for males or females, the use of restrooms, locker rooms, and shower rooms in a public school, a dormitory or living facility controlled by the state board of higher education, a correctional facility, a domestic violence sexual assault organization facility, the North Dakota youth correctional center, and the penitentiary exclusively for males and females. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 12-44.1 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. In a correctional facility, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. In a correctional facility, a restroom or shower room designated for one sex may be used only by members of that sex. 3. This section does not prohibit an administrator or correctional facility staff member from providing a reasonable accommodation for an inmate, including a transgender or gender-nonconforming inmate. SECTION 2. A new section to chapter 12-46 of the North Dakota Century Code is created and enacted as follows: Page No. 1 23.0498.05000 HOUSE BILL NO. 1473 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sixty-eighth Legislative Assembly Restrooms and shower rooms exclusively for males or exclusively for females. 1. At the North Dakota youth correctional center, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. At the North Dakota youth correctional center, a restroom or shower room designated for one sex may be used only by members of that sex. 3. This section does not prohibit the administrator, an officer, or an employee from providing a reasonable accommodation for a child placed at the North Dakota youth correctional center, including a transgender or gender-nonconforming child. SECTION 3. A new section to chapter 12-47 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. At the penitentiary, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. At the penitentiary, a restroom or shower room designated for one sex may be used only by members of that sex. 3. This section does not prohibit the warden, a deputy warden, an officer, or an agent from providing a reasonable accommodation for an inmate, including a transgender or gender-nonconforming inmate. SECTION 4. A new section to chapter 14-07.1 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. At a domestic violence sexual assault organization facility, a restroom or shower room accessible by multiple clients at the same time must be designated for use exclusively for males or exclusively for females. 2. At a domestic violence sexual assault organization facility, a restroom or shower room designated for one sex may be used only by members of that sex. 3. This section does not prohibit an agent, employee, or volunteer from providing a reasonable accommodation for a client, including a transgender or gender- nonconforming client. Page No. 2 23.0498.05000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sixty-eighth Legislative Assembly SECTION 5. A new section to chapter 15-10 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. In a dormitory or living facility controlled by an institution under the control of the state board of higher education, a restroom or shower room accessible by multiple residents at the same time must be designated for use exclusively for males or exclusively for females. 2. In a dormitory or living facility controlled by an institution under the control of the state board of higher education, a restroom or shower room designated for one sex may be used only by members of that sex. 3. This section applies to a dormitory or a dormitory floor in which residents are segregated by sex or gender. 4. This section does not prohibit a dormitory administrator or dormitory staff member from providing a reasonable accommodation for a resident, including a transgender or gender-nonconforming resident. SECTION 6. A new section to chapter 15.1-19 of the North Dakota Century Code is created and enacted as follows: Athletic events exclusively for males or exclusively for females. 1. The board of a public elementary or secondary school district may not knowingly allow an individual of the opposite sex who is enrolled in a public elementary or secondary school to participate on a school-sponsored athletic team that is exclusively for females or exclusively for males. 2. This section may not be construed to prohibit a female from participating in a school- sponsored athletic team or event that is exclusively for males. SECTION 7. A new section to chapter 15.1-19 of the North Dakota Century Code is created and enacted as follows: Restrooms, locker rooms, and shower rooms exclusively for males or exclusively for females. 1. In a public school or building on school district premises, a student restroom, locker room, or shower room accessible by multiple students at the same time must be designated for use exclusively for males or exclusively for females. Page No. 3 23.0498.05000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sixty-eighth Legislative Assembly 2. In a public school or building on school district premises, a student restroom, locker room, or shower room designated for one sex may be used only by members of that sex. 3. This section does not prohibit a school administrator from providing a reasonable accommodation for a student, including a transgender or gender-nonconforming student. A reasonable accommodation may include the use of a single occupancy restroom or changing facility. Page No. 4 23.0498.05000 1 2 3 4 5 6 7

Sixty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 3, 2023 HOUSE BILL NO. 1473 (Representatives S. Olson, Bellew, Henderson, Hoverson, Prichard, Steiner, VanWinkle) (Senator Paulson) AN ACT to create and enact a new section to chapter 12-44.1, a new section to chapter 12-46, a new section to chapter 12-47, and a new section to chapter 15-10 of the North Dakota Century Code, relating to the use of restrooms, locker rooms, and shower rooms in a dormitory or living facility controlled by the state board of higher education, a correctional facility, the North Dakota youth correctional center, and the penitentiary exclusively for males and females. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 12-44.1 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. In a correctional facility, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. In a correctional facility, a restroom or shower room designated for one sex may be used only by members of that sex. 3. An administrator or correctional facility staff member shall provide a reasonable accommodation for an inmate, including a transgender or gender-nonconforming inmate, as deemed appropriate by the administrator. SECTION 2. A new section to chapter 12-46 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. At the North Dakota youth correctional center, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. At the North Dakota youth correctional center, a restroom or shower room designated for one sex may be used only by members of that sex. 3. An administrator, an officer, or an employee shall provide a reasonable accommodation for a child placed at the North Dakota youth correctional center, including a transgender or gender- nonconforming child, as deemed appropriate by the administrator. SECTION 3. A new section to chapter 12-47 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. At the penitentiary, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females. 2. At the penitentiary, a restroom or shower room designated for one sex may be used only by members of that sex. H. B. NO. 1473 - PAGE 2 3. The warden, a deputy warden, an officer, or an agent shall provide a reasonable accommodation for an inmate, including a transgender or gender-nonconforming inmate, as deemed appropriate by the warden. SECTION 4. A new section to chapter 15-10 of the North Dakota Century Code is created and enacted as follows: Restrooms and shower rooms exclusively for males or exclusively for females. 1. In a dormitory or living facility controlled by an institution under the control of the state board of higher education, a restroom or shower room accessible by multiple residents at the same time must be designated for use exclusively for males or exclusively for females. 2. In a dormitory or living facility controlled by an institution under the control of the state board of higher education, a restroom or shower room designated for one sex may be used only by members of that sex. 3. This section applies to a dormitory or a dormitory floor in which residents are segregated by sex or gender. 4. A dormitory administrator or dormitory staff member shall provide a reasonable accommodation for a resident, including a transgender or gender-nonconforming resident, as deemed appropriate by the director of residence life. This section does not prohibit a dormitory administrator or dormitory staff member from entering a restroom or shower room designated for the opposite sex in the course of official employment duties. H. B. NO. 1473 - PAGE 3 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-eighth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1473. House Vote: Yeas 78 Nays 14 Absent 2 Senate Vote: Yeas 42 Nays 5 Absent 0 ____________________________ Chief Clerk of the House Received by the Governor at ________M. on _____________________________________, 2023. Approved at ________M. on __________________________________________________, 2023. ____________________________ Governor Filed in this office this ___________day of _______________________________________, 2023, at ________ o’clock ________M. ____________________________ Secretary of State