Bill Text: SC H3012 | 2017-2018 | 122nd General Assembly | Introduced
Bill Title: Bathrooms
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-01-10 - Referred to Committee on Judiciary [H3012 Detail]
Download: South_Carolina-2017-H3012-Introduced.html
A BILL
TO AMEND SECTION 45-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO EQUAL ENJOYMENT AND PRIVILEGES OF PUBLIC ACCOMMODATIONS, SO AS TO PROVIDE THAT A LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION MAY NOT ENACT A LAW, ORDINANCE, ORDER, OR OTHER REGULATION THAT WOULD REQUIRE A PLACE OF PUBLIC ACCOMMODATION, PRIVATE CLUB, OR OTHER ESTABLISHMENT TO ALLOW A PERSON TO USE A MULTIPLE OCCUPANCY BATHROOM OR CHANGING FACILITY REGARDLESS OF THE PERSON'S BIOLOGICAL SEX AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 45-9-10 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )(1) As used in this subsection:
(a) 'Biological sex' means the physical condition of being male or female, which is stated on a person's birth certificate.
(b) 'Multiple occupancy bathroom' or 'changing facility' means a facility designed or designated to be used by more than one person at a time where persons may be in various states of undress in the presence of other persons. A multiple occupancy bathroom or changing facility includes, but is not limited to, a restroom, locker room, changing room, or shower room.
(c) 'Single occupancy bathroom' or 'changing facility' means a facility designed or designated to be used by only one person at a time where students may be in various states of undress. A single occupancy bathroom or changing facility includes, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex.
(2) A local government or other political subdivision in this State may not enact local laws, ordinances, orders, or other regulations that require a place of public accommodation or a private club or other establishment, not in fact open to the general public, to allow a person to use a multiple occupancy bathroom or changing facility regardless of the person's biological sex. A local law, ordinance, order, or other regulation enacted by a local government to require a person to use a multiple occupancy bathroom or changing facility designated for his biological sex is not a violation of this chapter and does not constitute discrimination based upon a protected category.
(3) This section does not apply to persons entering a multiple occupancy bathroom or changing facility designated for use by the opposite sex:
(a) for custodial purposes;
(b) for maintenance or inspection purposes;
(c) to render medical assistance;
(d) to accompany a person in need of medical assistance;
(e) for a minor under the age of seventeen who accompanies a person caring for that minor; or
(f) that has been temporarily designated for use by that person's biological sex."
SECTION 2. This act takes effect upon approval by the Governor.
