Text of SD HB 1161 (2026)

26.733.17 101st Legislative Session 1161 2026 South Dakota Legislature House Bill 1161 Introduced by: Representative Kull Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend provisions related to changing rooms, sleeping quarters, and 1 restrooms. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 20-13-58 be AMENDED: 4 20-13-58. Terms used in §§ 20-13-58 to 20-13-63, inclusive, mean: 5 (1) "Changing room," a room or area in which an individual may be in a state of 6 undress in the presence of others, including a multi-occupancy locker room or 7 shower room, which is open to the public; 8 (2) "Female," an individual who naturally has, had, will have, or would have had, but 9 for a congenital anomaly or intentional or unintentional disruption, the reproductive 10 system that produces, transports, and utilizes eggs for fertilization; 11 (3) "Male," an individual who naturally has, had, will have, or would have had, but for 12 a congenital anomaly or intentional or unintentional disruption, the reproductive 13 system that produces, transports, and utilizes sperm for fertilization; 14 (4) "Restroom," a room that includes at least one toilet or urinal; 15 (5) "Sleeping quarters," a room that contains a bed and in which more than one 16 individual is housed overnight; 17 (6) "Sex," an individual's biological sex, either male or female; and 18 (7) "Unisex or family room," a changing room or restroom that: 19 (a) Is intended for use by a single occupant, a single occupant and the 20 occupant's caregiver, or members of the same family; 21 (b) Is enclosed by means of floor-to-ceiling walls; and 22 (c) Is accessible by means of a full door, with a secure lock that prevents entry 23 by another individual while the room is in use. 24 Section 2. That § 20-13-59 be AMENDED: 25 26.733.17 2 1161 Underscores indicate new language. Overstrikes indicate deleted language. 20-13-59. Except as otherwise provided in this section and §§ 13-32-22 and 13- 1 32-23, the state or a political subdivision of this state must designate, as being for the 2 exclusive use of females or males, any multi-occupancy changing room, multi-occupancy 3 restroom, or sleeping quarters in: 4 (1) A building or facility owned by the state or by a political subdivision of this state; 5 or 6 (2) A space leased to or occupied by the state or by a political subdivision of this state. 7 This section does not apply to any room used exclusively by firefighters, law 8 enforcement personnel, or musical and theatrical entertainers, or to any room used for a 9 governmental regulatory purpose. 10 Section 3. That § 20-13-61 be AMENDED: 11 20-13-61. The prohibitions set forth in § 20-13-60 do not apply to: 12 (1) An individual who accompanies a child under the age of ten, if the individual is the 13 child's parent or lawful chaperone; 14 (2) An individual who accompanies another individual requiring assistance because of 15 age or a disability; 16 (3) A law enforcement officer, fire official, or other state or county employee acting in 17 an official capacity; 18 (4) An individual providing emergency medical assistance; 19 (5) An individual providing custodial, maintenance, or inspection services, provided the 20 changing room or restroom is unoccupied; or 21 (6) An individual providing services or rendering aid: 22 (a) During a natural disaster or declared emergency; or 23 (b) When necessary to maintain order and safety.; or 24 (7) Firefighters, individuals who are actively engaged in musical, theatrical, or similar 25 performances, or law enforcement personnel, when using changing rooms, non- 26 public restrooms, or sleeping quarters designated for their exclusive use. 27

26.733.19 101st Legislative Session 1161 2026 South Dakota Legislature House Bill 1161 ENROLLED AN ACT ENTITLED An Act to amend provisions related to changing rooms, sleeping quarters, and restrooms. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 20-13-59 be AMENDED: 20-13-59. Except as otherwise provided in this section and §§ 13-32-22 and 13- 32-23, the state or a political subdivision of this state must designate, as being for the exclusive use of females or males, any multi-occupancy changing room, restroom, or sleeping quarters in: (1) A building or facility owned by the state or by a political subdivision of this state; or (2) A space leased to or occupied by the state or by a political subdivision of this state. This section does not apply to any room used exclusively by firefighters or law enforcement personnel acting in an official capacity. Section 2. That § 20-13-61 be AMENDED: 20-13-61. The prohibitions set forth in § 20-13-60 do not apply to: (1) An individual who accompanies a child under the age of ten, if the individual is the child's parent or lawful chaperone; (2) An individual who accompanies another individual requiring assistance because of age or a disability; (3) A law enforcement officer, fire official, firefighter, or other employee of the state or a political subdivision who is acting in an official capacity; (4) An individual providing emergency medical assistance; (5) An individual providing custodial, maintenance, or inspection services, provided the changing room or restroom is unoccupied; or (6) An individual providing services or rendering aid: 26.733.19 2 1161 HB1161 ENROLLED (a) During a natural disaster or declared emergency; or (b) When necessary to maintain order and safety. 26.733.19 3 1161 HB1161 ENROLLED An Act to amend provisions related to changing rooms, sleeping quarters, and restrooms. I certify that the attached Act originated in the: House as Bill No. 1161 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1161 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State