H 3012 General Bill, By Long and Magnuson
 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.

   12/15/16  House  Prefiled
   12/15/16  House  Referred to Committee on Judiciary
   01/10/17  House  Introduced and read first time (House Journal-page 41)
   01/10/17  House  Referred to Committee on Judiciary
                     (House Journal-page 41)

H. 3012

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.