A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 35 TO TITLE 1 SO AS TO CREATE THE "PRIVACY IN PUBLIC SPACES ACT," TO DEFINE TERMS, TO REQUIRE SAFETY AND PRIVACY IN PUBLIC SPACES, AND TO PROVIDE REMEDIES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Privacy in Public Spaces Act."

 

SECTION 2.  Title 1 of the S.C. Code is amended by adding:

 

CHAPTER 35

 

Privacy in Public Spaces

 

    Section 1-35-10. For purposes of this chapter:

    (1) "Changing room" means a room or area in which an individual may be in a state of undress in the presence of others, including a locker room or shower room.

    (2) "Correctional facility" means a state penitentiary, prison, or jail that is managed and controlled by the Department of Corrections. A correctional facility does not include municipal holding facilities.

    (3) "Covered entity" means a correctional facility, a juvenile detention facility, a domestic violence center, a public school, or a public institution of higher learning.

    (4) "Female" means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

    (5) "Juvenile detention facility" means a facility for the detention of juveniles under the management of the Department of Juvenile Justice.

    (6) "Domestic violence center" means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence, that provides services as a shelter, and receives state funding.

    (7) "Male" means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.

    (8) "Multi-occupancy" means a space that is designed for use by multiple individuals simultaneously.

    (9) "Public institution of higher learning" means any state-supported post-secondary educational institution, including technical and comprehensive educational institutions, as defined by Section 59-103-5.

    (10) "Public school" means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of these officials. Public school does not include private schools, religious schools, or home-schooling families.

    (11) "Restroom" means a room that includes one or more toilets or urinals.

    (12) "Sex" means a person's biological sex, either male or female, as observed or clinically verified at birth.

    (13) "Sleeping quarters" means a room with a bed and in which more than one individual is housed overnight.

 

    Section 1-35-20. (A) A covered entity must designate each multi-occupancy restroom, changing room, or sleeping quarters for the exclusive use of females or males.

    (B) A restroom, changing room, or sleeping quarters within a covered entity that is designated for females or males shall be used only by members of that sex. Except as provided in subsection (D), an individual shall not enter a restroom, changing room, or sleeping quarters that is designated for females or males unless the individual is a member of the designated sex.

    (C) A covered entity must take reasonable steps to provide individuals with privacy from members of the opposite sex in designated restrooms, changing rooms, and sleeping quarters.

    (D) This section does not apply to an individual who enters a restroom, changing room, or sleeping quarters designated for the opposite sex:

       (1) to perform custodial services or maintenance;

       (2) to render medical assistance;

       (3) to render law enforcement assistance; or

       (4) to provide services or render aid during a natural disaster or declared emergency or if necessary to prevent a serious threat to good order and safety.

    (E) For any activity or event authorized by a public school or public institution of higher learning during which students share sleeping quarters, a student shall not be required to share sleeping quarters with a member of the opposite sex.

    (F) In any other facility or setting in a public school or public institution of higher learning where an individual may be in a state of undress in the presence of others, school personnel must provide separate, private areas designated for use by individuals based on their sex. Except as provided in subsection (D), an individual shall not enter a private area unless the individual is a member of the designated sex.

    (G) A public institution of higher learning that offers housing for student residents must provide students the option to be housed only with persons of the same sex.

    (H) This section may not be construed to prohibit a covered entity from:

       (1) adopting policies necessary to accommodate individuals protected under the Americans with Disabilities Act of 1990 or young children or elderly persons in need of assistance;

       (2) establishing single-occupancy restrooms, changing rooms, or sleeping quarters or family

restrooms, changing rooms, or sleeping quarters; or

       (3) redesignating a multi-occupancy restroom, changing room, or sleeping quarters designated for exclusive use by one sex to a designation for exclusive use by the opposite sex.

 

    Section 1-35-30. (A) An individual who, while accessing a restroom or changing room designated for use by the individual's sex, encounters another individual of the opposite sex in the restroom or changing room has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity that:

       (1) provided the other individual permission to use a restroom or changing room designated for the opposite sex; or

       (2) failed to take reasonable steps to prohibit the other individual from using the restroom or changing room designated for the opposite sex.

    (B) An individual who is required by a covered entity to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity.

    (C) All civil actions brought pursuant to this section must be initiated within two years after the violation occurred.

    (D) An individual aggrieved under this chapter who prevails in court may recover reasonable attorney's fees and costs from the offending covered entity.

 

SECTION 3.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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