The amendment removed the detailed definitions section and substantially narrowed the bill's scope by eliminating exemptions for musical and theatrical entertainers and removing a separate exemption category for firefighters, law enforcement, and performers using designated facilities—instead folding these groups into the general official capacity exemption. This NARROWS the bill's original reach by reducing carve-outs and simplifying the regulatory framework.
26.733.17 26.733.18 101st Legislative Session 1161 2026 South Dakota Legislature House Bill 1161 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Kull Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend provisions related to changing rooms, sleeping quarters, and 1 restrooms. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 20-13-58 20-13-59 be AMENDED: 4 20-13-58. Terms used in §§ 20-13-58 to 20-13-63, inclusive, mean: 5 (1) "Changing room," a room or area in which an individual may be in a state of 6 undress in the presence of others, including a multi-occupancy locker room or 7 shower room, which is open to the public; 8 (2) "Female," an individual who naturally has, had, will have, or would have had, but 9 for a congenital anomaly or intentional or unintentional disruption, the reproductive 10 system that produces, transports, and utilizes eggs for fertilization; 11 (3) "Male," an individual who naturally has, had, will have, or would have had, but for 12 a congenital anomaly or intentional or unintentional disruption, the reproductive 13 system that produces, transports, and utilizes sperm for fertilization; 14 (4) "Restroom," a room that includes at least one toilet or urinal; 15 (5) "Sleeping quarters," a room that contains a bed and in which more than one 16 individual is housed overnight; 17 (6) "Sex," an individual's biological sex, either male or female; and 18 (7) "Unisex or family room," a changing room or restroom that: 19 (a) Is intended for use by a single occupant, a single occupant and the 20 occupant's caregiver, or members of the same family; 21 (b) Is enclosed by means of floor-to-ceiling walls; and 22 (c) Is accessible by means of a full door, with a secure lock that prevents entry 23 by another individual while the room is in use. 24 Section 2. That § 20-13-59 be AMENDED: 25 26.733.17 2 1161 Underscores indicate new language. Overstrikes indicate deleted language. 20-13-59. Except as otherwise provided in this section and §§ 13-32-22 and 13-1 13-5 32-23, the state or a political subdivision of this state must designate, as being for the 2 6 exclusive use of females or males, any multi-occupancy changing room, multi-occupancy 3 restroom, or 7 sleeping quarters in: 4 8 (1) A building or facility owned by the state or by a political subdivision of this state; 5 9 or 6 10 (2) A space leased to or occupied by the state or by a political subdivision of this state. 7 11 This section does not apply to any room used exclusively by firefighters, firefighters or law 8 12 enforcement personnel, or musical and theatrical entertainers, or to any room used for a 9 governmental regulatory purpose. 10 personnel acting in an official capacity. 13 Section 3. 2. That § 20-13-61 be AMENDED: 11 14 20-13-61. The prohibitions set forth in § 20-13-60 do not apply to: 12 15 (1) An individual who accompanies a child under the age of ten, if the individual is the 13 16 child's parent or lawful chaperone; 14 17 (2) An individual who accompanies another individual requiring assistance because of 15 18 age or a disability; 16 19 (3) A law enforcement officer, fire official, firefighter, or other state or county 20 employee of the state or a political subdivision who is acting in 17 an official capacity; 18 21 (4) An individual providing emergency medical assistance; 19 22 (5) An individual providing custodial, maintenance, or inspection services, provided the 20 23 changing room or restroom is unoccupied; or 21 24 (6) An individual providing services or rendering aid: 22 25 26.733.18 2 1161 Underscores indicate new language. Overstrikes indicate deleted language. (a) During a natural disaster or declared emergency; or 23 1 (b) When necessary to maintain order and safety.; or 24 (7) Firefighters, individuals who are actively engaged in musical, theatrical, or similar 25 performances, or law enforcement personnel, when using changing rooms, non-26 public restrooms, or sleeping quarters designated for their exclusive use. 27 safety. 2