"Bathroom Bill" Legislative Tracking

Requires entities with restrooms, bathrooms, or changing facilities open to the public to choose one of the following options:

• (1) Facilities designed to be used by one person at a time.
• (2) Facilities designed to be used by multiple persons of the same gender.

• (3) Facilities designed to be used by multiple persons at once, irrespective of their gender, that are staffed by an attendant stationed at the door of each rest room to monitor the appropriate use of the rest room and answer any questions or concerns posed by users.

Authorizes enforcement by any state or local law enforcement agency with jurisdiction, and outlines criminal and civil penalties for not complying with the law.  

This bill was introduced with the intention of legislating bathrooms based on gender, however, the language was never finalized. 

Requires government entities to designate all multiuser restrooms and changing facilities in government buildings for use for one sex only.  

Provides individuals with standing for civil action brought against government entities not complying with the law.

Defines government buildings as including state government buildings, local government buildings, and buildings run by public schools and public institutions of higher education.

Defines sex as determined by anatomy and genetics existing at the time of birth. Designates birth certificates as a reliable form of establishing a person’s sex.

Would not prevent private businesses from coming up with their own policies regarding bathroom use.

Prohibits local governments from considering private businesses’ bathroom policies when awarding grants or contracts. 

Requires school boards to designate all student multiuser restrooms, changing rooms, and overnight facilities at schools or places used for school-sponsored activities for the use of students of only one sex.

Defines sex as the physical condition of being male or female, determined by chromosomes and assigned at birth.

Requires schools to designate all student multiuser restrooms, locker rooms, and shower rooms for the use of male students only or female students only.

Defines sex as the physical condition of being male or female, determined by chromosomes and assigned at birth.

Allows school officials to provide separate accommodations for students who have parental permission. Alternative accommodations shall not include multiuser facilities designated for students of  the other sex. Alternative accommodations can include single user bathrooms, unisex bathrooms, or access to faculty restrooms.

Requires public schools to designate all student multiuser restrooms, locker rooms, and shower rooms for the use of male students only or female students only. 

Defines sex as being determined by anatomy and genetics existing at the time of birth. Offers a person's original birth certificate as definitive proof of sex. 

Allows school officials to provide separate accommodations for students who have parental permission. Alternative accommodations can include access to single user restrooms, unisex restrooms used by one student at a time, or access to faculty facilities. 

Requires the attorney general to investigate complaints filed describing schools in violation of this law. 

*Kentucky 

House Bill 106

Failed - Adjourned

Requires the executive branch of state government, school boards, cities, counties, urban-counties, and local governments to designate every multiuser bathroom or changing facility to only be used by persons based on their "biological sex."

Defines biological sex as the physical condition of being male or female as stated on a person's birth certificate.

Requires schools to designate all multiuser restrooms, locker rooms, shower facilities, and changing rooms for either male students only or female students only. Students are required to use restroom facilities consistent with their “biological sex.”

Defines biological sex as the physical condition of being male or female, as determined by chromosomes and assigned at birth.

Requires schools to provide available alternative accommodations to transgender students if they have parental permission.

Alternative accommodations shall not include multiuser facilities designated for students of  the other sex. Alternative accommodations may include single user restrooms, unisex bathrooms, or access to faculty facilities.

Requires employers, public schools, and universities to designate all multiuser restrooms, locker rooms, shower facilities, and changing rooms for either male students only or female students only. Students are required to use restroom facilities consistent with their “biological sex.”

Defines biological sex as the physical condition of being male or female, as determined by a person’s chromosomes, assigned at birth, 

Requires that all public school student multiuser restrooms, locker rooms, and shower rooms be designated for use by students based on their “biological sex.”

Defines biological sex as the physical condition of being male or female, as determined by a person’s chromosomes, assigned at birth, and indicated on their birth certificate.

School officials may provide transgender students with alternative accommodations if they have parental permission. Alternative accommodations shall not include multiuser facilities designated for students of the other sex. Alternative accommodations may include single user restrooms, unisex restrooms, or access to faculty restrooms.

Missouri

House Bill 202

Failed - Adjourned

Requires all public restrooms, other than single occupancy restrooms, to be gender-divided. Prohibits local governments, businesses, and buildings from enacting policies counter to this law.

Requires schools to designate all multiuser restrooms, locker rooms, and shower rooms for use only by students of the same “biological sex.”

Defines biological sex as the physical condition of being male or female, as determined by chromosomes, assigned by birth, and indicated on birth certificates.

Requires public schools, colleges, universities, and government buildings to designate all multiuser restrooms, locker rooms, shower facilities, and changing rooms for either male students only or female students only. Students are required to use restroom facilities consistent with their “biological sex.”

Defines biological sex as the physical condition of being male or female as assigned at birth and indicated on a person’s birth certificate.

Prohibits local governments from enacting policies counter to this law. 

Requires the board of education to designate all multiuser restrooms, locker rooms, shower facilities, and changing rooms for either male students only or female students only. Students are required to use restroom facilities consistent with their “biological sex.”

Defines biological sex as the physical condition of being male or female as assigned at birth and indicated on a person’s birth certificate.

South Carolina

House Bill 3012

Pending - Carryover to 2018

Stipulates that local government can’t enact local laws requiring places of public accommodation or private clubs to allow a person to use a multiple occupancy bathroom or changing facility regardless of the person's “biological sex.”

Defines biological sex as the physical condition of being male or female, as stated on a person’s birth certificate.

Allows for localities to enact local laws requiring people to use a multiple occupancy bathroom or changing facility designated for “his biological sex.”

Requires public schools and higher education institutions to have each student use the restroom and locker room facilities consistent with the student’s sex, as indicated on their original birth certificate.  

Prohibits local government from adopting policies related to restroom use.

Requires school districts and government entities  to adopt policies requiring that multiuser restrooms and changing facilities be designated for and used by people based on their “biological sex.”

Defines biological sex as the condition of being male or female, as stated on a person’s birth certificate.

Outlines accommodations and exceptions. Provides criminal and civil penalties for not complying with the law.

Prohibits local school districts from adopting policies allowing more than one sex or gender to use the same multiuser restroom, locker room, or changing room. Does not define sex or gender. 

Prohibits local government from passing nondiscrimination ordinances related to restroom access. 

Requires public schools, open-enrollment charter schools, and local governments to designate all multiuser restrooms, locker rooms, shower facilities, and changing rooms for either males only or females only. Persons are required to use facilities consistent with their “biological sex.”

Defines biological sex as the physical condition of being male or female as assigned at birth and indicated on a person’s birth certificate.

Requires public schools, open-enrollment charter schools, and local governments to designate all multiuser restrooms, locker rooms, shower facilities, and changing rooms for either males only or females only. Persons are required to use facilities consistent with their “biological sex.”

Defines biological sex as the physical condition of being male or female as assigned at birth and indicated on a person’s birth certificate.

Prohibits public schools, open-enrollment charter schools, and local governments from enacting policies counter to this law. 

Requires all public restrooms be designated for use by either males only or females only. Persons are required to use restroom facilities consistent with their “anatomical sex.”

Requires the local school boards to implement policies requiring every school to designate all multiuser restrooms, locker rooms, shower facilities, and changing rooms for either male students only or female students only. Students are required to use restroom facilities consistent with their “anatomical sex.”

Defines “anatomical sex” as the physical condition of being male or female as determined by anatomy.

Allows for a $50 fine for any person or student who willfully and knowingly violates the law. 

Pending - Carryover (Reintroduced for the special session 4/24/17, and again 6/21)

Allows public and private entities to limit access to gender-segregated facilities “if the person is preoperative, nonoperative, or otherwise has genitalia of a different gender from that which the facility is segregated.”

Outlines exceptions.

Requires Attorney General to provide assistance to public schools in legal proceedings related to reduction in federal aid in certain cases if school does not follow the federal guidance on transgender students. One obligation listed in the guidance is providing transgender students access to sex-segregated activities and facilities consistent with their gender identity.