Text of SD HB 1259 (2025)

25.540.9 100th Legislative Session 1259 2025 South Dakota Legislature House Bill 1259 Introduced by: Representative Schaefbauer Underscores indicate new language. Overstrikes indicate deleted language. An Act to prohibit unauthorized access to certain multi-occupancy rooms and to 1 provide a penalty therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 13-32: 4 Terms used in sections 1 to 5, inclusive of this Act mean: 5 (1) "Female," an individual who, at the time of birth, belonged to the biological sex 6 that has the specific reproductive role of producing eggs; 7 (2) "Male," an individual who, at the time of birth, belonged to the biological sex that 8 has the specific reproductive role of producing sperm; 9 (3) "Reasonable accommodation," access to: 10 (a) A unisex or family room; or 11 (b) A changing room, rest room, or shower room, which has been designated 12 for employees of the district, provided the room is not available to the 13 employees while being used by the student; and 14 (4) "Unisex or family room," a changing room, restroom, or shower room that: 15 (a) Is intended for use by a single occupant, a single occupant and the 16 occupant's caregiver, or members of the same family; 17 (b) Is enclosed by means of floor-to-ceiling walls; and 18 (c) Is accessible by means of a full door, with a secure lock that prevents entry 19 by another individual while the room is in use. 20 Section 2. That a NEW SECTION be added to chapter 13-32: 21 The administrator of a public school shall designate any multi-occupancy student 22 changing room, restroom, or shower room, located in the school, for use exclusively by 23 females or for use exclusively by males. 24 25.540.9 2 1259 Underscores indicate new language. Overstrikes indicate deleted language. If a public school student participates in a school or school district sponsored or 1 sanctioned activity occurring at a location other than the school in which the student is 2 enrolled, the school administrator or the administrator's designee must ensure that any 3 multi-occupancy changing room, restroom, or shower room, located at the site of the 4 activity and available to the student, is designated for use exclusively by females or for 5 use exclusively by males. 6 If any student is unable or unwilling to use a multi-occupancy changing room, 7 restroom, or shower room, in accordance with the designation set forth in this section, 8 and the student, or the student's parent in the case of a student under the age of eighteen, 9 files a written notice with the administrator of the school, the administrator must grant a 10 request for a reasonable accommodation. 11 A reasonable accommodation granted under this section must be for a stated 12 period of time and may not exceed the conclusion of the school year. 13 Section 3. That a NEW SECTION be added to chapter 13-32: 14 A student who does not meet the definition of a female may not enter a changing 15 room, restroom, or shower room designated exclusively for females. 16 A student who does not meet the definition of a male may not enter a changing 17 room, restroom, or shower room designated exclusively for males. 18 The prohibitions set forth in this section do not apply to: 19 (1) The accommodation of students protected under the Americans with Disabilities 20 Act of 1990, 42 U.S.C. § 12101, et seq. (January 1, 2025) or the Rehabilitation Act 21 of 1973, 29 U.S.C. § 701, et seq. (January 1, 2025); 22 (2) An individual who accompanies a student requiring assistance because of age; 23 (3) A law enforcement officer, fire official, or employee of the district, acting in an 24 official capacity; 25 (4) An individual providing emergency medical assistance; 26 (5) An individual providing custodial, maintenance, or inspection services, provided the 27 changing room, restroom, or shower room is unoccupied; or 28 (6) A student who was born with a medically verifiable genetic disorder of sexual 29 development, which resulted in: 30 (a) External biological characteristics that are unresolvably ambiguous; or 31 (b) An abnormal sex chromosome structure, sex steroid hormone production, 32 or sex steroid hormone action for a male or a female, as applicable. 33 25.540.9 3 1259 Underscores indicate new language. Overstrikes indicate deleted language. Section 4. That a NEW SECTION be added to chapter 13-32: 1 Any changing room, restroom, or shower room that is located in a public school 2 and normally reserved for use by employees of the district is governed by the provisions 3 of sections 6 to 9, inclusive, of this Act. 4 Section 5. That a NEW SECTION be added to chapter 13-32: 5 If a school district sponsors or sanctions any event that requires students to be 6 provided with overnight sleeping accommodations, the school administrator must 7 designate each multi-occupancy room used for such purpose as being for use exclusively 8 by females or exclusively by males, and must assign students accordingly. 9 If a student is unable or unwilling to use a multi-occupancy room for overnight 10 sleeping accommodations, in accordance with the exclusive designation set forth in this 11 section, that student, or the student's parent in the case of a student under the age of 12 eighteen, may file, with the school administrator, a request to be reassigned to a single- 13 occupancy room. 14 Nothing in this section precludes the use of a room for overnight accommodations 15 by members of the same immediate family. 16 Section 6. That a NEW SECTION be added to chapter 20-13: 17 Terms used in sections 6 to 9, inclusive, of this Act mean: 18 (1) "Female," an individual who, at the time of birth, belonged to the biological sex 19 that has the specific reproductive role of producing eggs; 20 (2) "Male," an individual who, at the time of birth, belonged to the biological sex that 21 has the specific reproductive role of producing sperm; and 22 (3) "Unisex or family room," a changing room, restroom, or shower room that: 23 (a) Is intended for use by a single occupant, a single occupant and the 24 occupant's caregiver, or members of the same family; 25 (b) Is enclosed by means of floor-to-ceiling walls; and 26 (c) Is accessible by means of a full door, with a secure lock that prevents entry 27 by another individual while the room is in use. 28 Section 7. That a NEW SECTION be added to chapter 20-13: 29 25.540.9 4 1259 Underscores indicate new language. Overstrikes indicate deleted language. Except as otherwise provided in sections 1 to 3, inclusive, of this Act, any changing 1 room, restroom, or shower room in a building or facility owned or leased by the state or 2 by a political subdivision of this state must: 3 (1) Be designated for the exclusive use of: 4 (a) Females; or 5 (b) Males; or 6 (2) Be designated as a unisex or family room. 7 Section 8. That a NEW SECTION be added to chapter 20-13: 8 Except as otherwise provided in section 9 of this Act, an individual who does not 9 meet the definition of a female may not enter a changing room, restroom, or shower room 10 designated exclusively for females. 11 Except as otherwise provided in section 9 of this Act, an individual who does not 12 meet the definition of a male may not enter a changing room, restroom, or shower room 13 designated exclusively for males. 14 An individual is guilty of a Class 2 misdemeanor if the individual: 15 (1) Knowingly enters a changing room, restroom, or shower room, in violation of this 16 section; and 17 (2) Refuses to leave the changing room, restroom, or shower room upon being 18 requested to do so by: 19 (a) An individual who, acting in an official capacity, is authorized to make the 20 request; or 21 (b) An individual who is permitted to be in the changing room, restroom, or 22 shower room, in accordance with sections 6 to 9, inclusive, of this Act. 23 Section 9. That a NEW SECTION be added to chapter 20-13: 24 The prohibitions set forth in section 8 of this Act do not apply to: 25 (1) An individual who accompanies a child under the age of ten, if the individual is the 26 child's parent or lawful chaperone; 27 (2) An individual who accompanies another individual requiring assistance because of 28 age or a disability; 29 (3) A law enforcement officer or fire official acting in an official capacity; 30 (4) An individual providing emergency medical assistance; 31 (5) An individual providing custodial, maintenance, or inspection services, provided the 32 changing room, restroom, or shower room is unoccupied; or 33 25.540.9 5 1259 Underscores indicate new language. Overstrikes indicate deleted language. (6) An individual born with a medically verifiable genetic disorder of sexual 1 development, which resulted in: 2 (a) External biological characteristics that are unresolvably ambiguous; or 3 (b) An abnormal sex chromosome structure, sex steroid hormone production, 4 or sex steroid hormone action for a male or a female, as applicable. 5

25.540.13 100th Legislative Session 1259 2025 South Dakota Legislature House Bill 1259 ENROLLED AN ACT ENTITLED An Act to prohibit unauthorized access to certain multi-occupancy rooms. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That a NEW SECTION be added to chapter 13-32: Terms used in sections 1 to 5, inclusive of this Act mean: (1) "Changing room," a room or area in which an individual may be in a state of undress in the presence of others, including a multi-occupancy locker room or shower room; (2) "Female," an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes eggs for fertilization; (3) "Male," an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes sperm for fertilization; (4) "Public school," a school under the authority of the board of a school district; (5) "Reasonable accommodation," access to: (a) A unisex or family room; or (b) A single-occupancy changing room or restroom which has been designated for employees of the district, provided the room is not available to the employees while being used by the student; and (6) "Restroom," a room that includes one or more toilets or urinals; (7) "Sleeping quarters," a room that contains a bed and in which more than one individual is housed overnight; (8) "Sex," an individual's biological sex, either male or female; and (9) "Unisex or family room," a changing room or restroom that: (a) Is intended for use by a single occupant, a single occupant and the occupant's caregiver, or members of the same family; 25.540.13 2 1259 HB1259 ENROLLED (b) Is enclosed by means of floor-to-ceiling walls; and (c) Is accessible by means of a full door, with a secure lock that prevents entry by another individual while the room is in use. Section 2. That a NEW SECTION be added to chapter 13-32: A public school must designate any multi-occupancy changing room, restroom, or sleeping quarters in each facility or space owned or rented by the public school for use exclusively by females or for use exclusively by males. If any student is unable or unwilling to use a multi-occupancy changing room, restroom, or sleeping quarters, in accordance with the designation set forth in this section, and the student, or the student's parent in the case of a student under the age of eighteen, files a written notice with the administrator of the school, the administrator may grant a request for a reasonable accommodation. A reasonable accommodation granted under this section must be for a stated period of time and may not: (1) Exceed the conclusion of the school year; or (2) Include access to a facility designated for use exclusively by members of the opposite sex. Section 3. That a NEW SECTION be added to chapter 13-32: A male may not enter a changing room or restroom designated exclusively for females. A female may not enter a changing room or restroom designated exclusively for males. A public school must take reasonable steps to provide individuals with privacy in changing rooms, restrooms, and sleeping quarters by designating each as available for use exclusively by female students or for use exclusively by male students. The prohibitions set forth in this section do not apply to: (1) The accommodation of an individual protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (January 1, 2025) or the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. (January 1, 2025); (2) An individual who accompanies a student requiring assistance because of age; (3) A law enforcement officer, fire official, or employee of the district, acting in an official capacity; (4) An individual providing emergency medical assistance; or 25.540.13 3 1259 HB1259 ENROLLED (5) An individual providing custodial, maintenance, or inspection services, provided the changing room or restroom is unoccupied. Section 4. That a NEW SECTION be added to chapter 13-32: Any multi-occupancy changing room or restroom that is located in a public school and normally reserved for use by employees of the district is governed by the provisions of sections 6 to 11, inclusive, of this Act. Section 5. That a NEW SECTION be added to chapter 13-32: If a public school sponsors or sanctions any event that requires students to be provided with changing rooms or sleeping quarters, the school must designate all multi- occupancy changing rooms and sleeping quarters as being for use exclusively by females or exclusively by males. A student may not be required to share sleeping quarters with a member of the opposite sex, unless the individuals are members of the same family. In any other setting in a public school where an individual may be in a state of undress in the presence of others, the school must provide separate, private areas designated for use by individuals based on the individual's sex. Except as otherwise provided in section 3 of this Act, no individual may enter private areas unless the individual is a member of the designated sex. If a student is unable or unwilling to use a room for overnight sleeping quarters, in accordance with the exclusive designation set forth in this section, that student, or the student's parent in the case of a student under the age of eighteen, may file, with the school administrator, a request to be reassigned to single-occupancy room. An individual who encounters a member of the opposite sex in a restroom or changing room while making use of a restroom or changing room designated by the public school for use by the individual's sex, has a private cause of action for declaratory and injunctive relief against the school district that: (1) Provided the member of the opposite sex permission to use a restroom or changing room of the individual's sex; or (2) Failed to take reasonable steps to prohibit the member of the opposite sex from using the restroom or changing room of the individual's sex. An individual who is assigned by a public school to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief against the school district. 25.540.13 4 1259 HB1259 ENROLLED Any civil action brought pursuant to this section must be initiated within two years of the violation. An individual who is aggrieved under this section and prevails in court may recover reasonable attorney fees and costs from the offending school district. Section 6. That a NEW SECTION be added to chapter 20-13: Terms used in sections 6 to 11, inclusive, of this Act mean: (1) "Changing room," a room or area in which an individual may be in a state of undress in the presence of others, including a multi-occupancy locker room or shower room; (2) "Female," an individual who naturally has, had, will have, or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes eggs for fertilization; (3) "Male," an individual who naturally has, had, will have, or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes sperm for fertilization; (4) "Restroom," a room that includes at least one toilet or urinal; (5) "Sleeping quarters," a room that contains a bed and in which more than one individual is housed overnight; (6) "Sex," an individual's biological sex, either male or female; and (7) "Unisex or family room," a changing room or restroom that: (a) Is intended for use by a single occupant, a single occupant and the occupant's caregiver, or members of the same family; (b) Is enclosed by means of floor-to-ceiling walls; and (c) Is accessible by means of a full door, with a secure lock that prevents entry by another individual while the room is in use. Section 7. That a NEW SECTION be added to chapter 20-13: Except as otherwise provided in sections 2 and 3 of this Act, 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. Section 8. That a NEW SECTION be added to chapter 20-13: 25.540.13 5 1259 HB1259 ENROLLED Except as otherwise provided in section 10 of this Act, a male may not enter a changing room or restroom designated exclusively for females. Except as otherwise provided in section 10 of this Act, a female may not enter a changing room or restroom designated exclusively for males. The state or a political subdivision of the state shall take reasonable steps to prohibit a member of the opposite sex from using restrooms, changing rooms, and sleeping quarters designated for the exclusive use of males or females, 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. Section 9. That a NEW SECTION be added to chapter 20-13: An individual who encounters a member of the opposite sex in a restroom or changing room while making use of a restroom or changing room designated for use by the individual's sex, has a private cause of action for declaratory and injunctive relief against the state or political subdivision, if the state or political subdivision of this state: (1) Provided the member of the opposite sex permission to use the restroom or changing room of the individual's sex; or (2) Failed to take reasonable steps to prohibit the member of the opposite sex from using the restroom or changing room of the individual's sex. An individual who is assigned by the state or a political subdivision to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief against the state or political subdivision. Any civil action brought pursuant to this section must be initiated within two years of the violation. An individual who is aggrieved under this section and prevails in court may recover reasonable attorney fees and costs from the state or offending political subdivision. Section 10. That a NEW SECTION be added to chapter 20-13: The prohibitions set forth in section 8 of this Act 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; 25.540.13 6 1259 HB1259 ENROLLED (3) A law enforcement officer, fire official, or other state or county employee 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: (a) During a natural disaster or declared emergency; or (b) When necessary to maintain order and safety. Section 11. That a NEW SECTION be added to chapter 20-13: Neither the state nor a political subdivision of the state is liable to any person for complying with sections 6 to 10, inclusive, of this Act. In any lawsuit or complaint filed against the state as a result of compliance with sections 6 to 10, inclusive, of this Act, the attorney general shall provide legal representation to the state without charge. 25.540.13 7 1259 HB1259 ENROLLED An Act to prohibit unauthorized access to certain multi-occupancy rooms. I certify that the attached Act originated in the: House as Bill No. 1259 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1259 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State