The Committee on Judiciary proposes the following amendment (LC-4756.WAB0001H):

Amend the bill, as and if amended, SECTION 2, by striking Sections 59-23-520 and 59-23-530 and inserting:

 Section 59-23-520. A public school district may not permit any public school within the district to use any funds to maintain or operate any restroom or changing facility on its premises that is not in compliance with this article or facilitate any public school-authorized activity or event involving overnight lodging that is not in compliance with this article. A public school district that violates any portion of this article must be penalized twenty-five percent of the funds appropriated by this articlethe General Assembly that are used to support the school district's operations.


 Section 59-23-530. A public institution of higher learning may not use any funds to maintain or operate any restroom or changing facility on its premises that is not in compliance with this article or facilitate any institution-authorized activity or event involving overnight lodging that is not in compliance with this article. A public institution of higher learning that violates any portion of this article must be penalized twenty-five percent of the funds appropriated by this articlethe General Assembly that are used to support the institution's operations.

Amend the bill further, SECTION 2, by striking Section 59-23-540(A) and (B) and inserting:

 (A) Multioccupancy public school or public institution of higher learning restrooms and changing facilities must be designated for use only by members of one sex at a time, on either a permanent basis or temporary or event-based basis. Any public school or public institution of higher learning restrooms and changing facilities that are designated for one sex must be used only by members of that sex. Any restroom or changing facility designated for one sex on a temporary or event-based basis, must be used only by members of that sex during the period of such designation. No person may enter a restroom or changing facility that is designated for one sex unless he or she is a member of that sex; and the public school or public institution of higher learning with authority over that building shall take reasonable steps to ensure that all restrooms and changing facilities provide its users with privacy from members of the opposite sex. The provisions in this item do not apply:
  (1) to custodial or maintenance work when the restroom or changing facility is not being used or otherwise occupied by a member of the opposite sex;
  (2) to provide coaching or athletic training during athletic events by coaching staff in changing rooms when no individual is in a state of undress;
  (3) to a person or people rendering medical assistance; and
  (4) during a natural disaster, emergency, or when use of the restroom or changing facility is necessary to prevent a serious threat to good order or student safety.
 (B) During any public school or public institution of higher learning-authorized activity or event where students share overnight lodging, no student may be required to share a sleeping quarter or multioccupancy restroom or changing facility with a member of the opposite sex, unless such persons are members of the same family, such as a parent, legal guardian, sibling, or grandparent.

Amend the bill further, SECTION 2, by striking Section 59-23-560 and inserting:

 Section 59-23-560. (A) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from adopting policies necessary to accommodate disabled persons protected under the Americans with Disabilities Act, elderly persons requiring aid, or young children in need of physical assistance when using restrooms or changing facilities.
 (B) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from establishing single-occupancy restrooms, changing facilities, or sleeping quarters, or family restrooms, changing facilities, or sleeping quarters.
 (C) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from redesignating a multioccupancy restroom, changing facility, or sleeping quarters designated for exclusive use by one sex to a designation for exclusive use by the opposite sex, on either a permanent basis or temporary or event-based basis.

Amend the bill further, SECTION 2, by adding:

 Section 59-23-570. If any subsection or portion of this article is declared invalid, that declaration shall not affect the validity of the remaining portions of the article.

Renumber sections to conform.

Amend title to conform.