South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

H. 3012

STATUS INFORMATION

General Bill
Sponsors: Reps. Long and Magnuson
Document Path: l:\council\bills\nbd\11051cz17.docx

Introduced in the House on January 10, 2017
Currently residing in the House Committee on Judiciary

Summary: Bathrooms

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2016  House   Prefiled
  12/15/2016  House   Referred to Committee on Judiciary
   1/10/2017  House   Introduced and read first time (House Journal-page 41)
   1/10/2017  House   Referred to Committee on Judiciary 
                        (House Journal-page 41)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/15/2016

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

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This web page was last updated on January 11, 2017 at 11:22 AM