26.733.19 101st Legislative Session 1161

2026 South Dakota Legislature

House Bill 1161

ENROLLED

An Act

ENTITLED An Act to amend provisions related to changing rooms, sleeping quarters, and restrooms.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 20-13-59 be AMENDED:

20-13-59. Except as otherwise provided in this section and §§ 13-32-22 and 13-32-23, the state or a political subdivision of this state must designate, as being for the exclusive use of females or males, any multi-occupancy changing room, restroom, or sleeping quarters in:

(1) A building or facility owned by the state or by a political subdivision of this state; or

(2) A space leased to or occupied by the state or by a political subdivision of this state.

This section does not apply to any room used exclusively by firefighters or law enforcement personnel acting in an official capacity.

Section 2. That § 20-13-61 be AMENDED:

20-13-61. The prohibitions set forth in § 20-13-60 do not apply to:

(1) An individual who accompanies a child under the age of ten, if the individual is the child's parent or lawful chaperone;

(2) An individual who accompanies another individual requiring assistance because of age or a disability;

(3) A law enforcement officer, fire official, firefighter, or other employee of the state or a political subdivision who is acting in an official capacity;

(4) An individual providing emergency medical assistance;

(5) An individual providing custodial, maintenance, or inspection services, provided the changing room or restroom is unoccupied; or

(6) An individual providing services or rendering aid:

(a) During a natural disaster or declared emergency; or

(b) When necessary to maintain order and safety.

An Act to amend provisions related to changing rooms, sleeping quarters, and restrooms.

I certify that the attached Act originated in the:

House as Bill No. 1161

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1161

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2026 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2026

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State