Text of SD SB 115 (2017)
Ensure student privacy in public school locker rooms, shower rooms, and changing facilities by restricting certain access.
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As introduced
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State of South Dakota
NINETY-SECOND SESSION
LEGISLATIVE ASSEMBLY, 2017
857Y0212
SENATE BILL NO. 115
Introduced by: Senator Russell and Representative Brunner
FOR AN ACT ENTITLED, An Act to ensure student privacy in public school locker rooms,
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shower rooms, and changing facilities by restricting certain access.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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Section 1. That chapter 13-24 be amended by adding a NEW SECTION to read:
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The term, biological sex, as used in this Act, means a person's immutable biological sex as
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objectively determined by anatomy and genetics existing at the time of birth. A person's original
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birth certificate may be relied upon as definitive evidence of the person's biological sex.
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Section 2. That chapter 13-24 be amended by adding a NEW SECTION to read:
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Each locker room, shower room, and changing facility located in a public elementary or
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secondary school that is accessible by multiple persons at the same time shall be designated for
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and used only by persons of the same biological sex. In addition, if a public school student is
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participating in a school-sponsored activity off school premises that may include being in a state
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of undress in the presence of other persons, school personnel shall provide separate, private
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areas designated for use by persons of the same biological sex, and no person may enter these
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private areas unless the person is a member of the designated biological sex.
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100 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.161 per page.
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Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.
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SB 115
Section 3. That chapter 13-24 be amended by adding a NEW SECTION to read:
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Nothing in this section prohibits a public school from providing accommodations such as
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a family restroom, or single occupancy restroom or changing facility upon a person's request due
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to special circumstances. In no event may the accommodation consist of access to a locker
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room, shower room, or changing facility that is designated for use by members of the opposite
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sex while persons of the opposite sex are present or could be present.
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Section 4. That chapter 13-24 be amended by adding a NEW SECTION to read:
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The provisions of section 2 of this Act do not apply to any person who enters a locker room,
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shower room, or changing facility designated for members of the opposite biological sex if the
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person is entering as follows:
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(1)
For custodial or maintenance purposes when the locker room, shower room, or
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changing facility is not occupied by any member of the opposite biological sex;
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(2)
To render medical assistance; or
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(3)
To prevent a serious threat to good order or safety during a natural disaster or
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emergency.
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Section 5. That chapter 13-24 be amended by adding a NEW SECTION to read:
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Nothing in this Act may be construed to prohibit a public school from adopting any policy
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necessary to accommodate any disabled person or young child in need of physical assistance
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when using a locker room, shower room, or changing facility located in a public school.
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