Senator Hutto proposes the following amendment (SMIN-4756.MW0010S):

Amend the bill, as and if amended, SECTION 2, by deleting Section 59-23-530 from the bill.

Amend the bill further, SECTION 2, by striking Section 59-23-540(A)(1) and (2) and inserting:

(1) All public school buildings and all buildings in public institutions of higher learning must provide an accommodation for a single-user restroom and changing facility.
  (2) Multioccupancy public school or public institution of higher learning restrooms and changing facilities must be designated for use only by members of one sex at a time, on either a permanent basis or temporary or event-based basis. Any public school or public institution of higher learning restrooms and changing facilities that are designated for one sex must be used only by members of that sex. Any restroom or changing facility designated for one sex on a temporary or event-based basis, must be used only by members of that sex during the period of such designation. No person shall enter a restroom or changing facility that is designated for one sex unless he or she is a member of that sex; and the public school or public institution of higher learning shall take reasonable steps to ensure that all restrooms and changing facilities provide its users with privacy from members of the opposite sex. The provisions in this item do not apply:
   (a) to custodial or maintenance work when the restroom or changing facility is not being used or otherwise occupied by a member of the opposite sex;
  (b) to provide coaching or athletic training during athletic events by coaching staff in changing rooms when no individual is in a state of undress;
   (c)to a person or people rendering medical assistance; and
   (d) during a natural disaster, emergency, or when use of the restroom or changing facility is necessary to prevent a serious threat to good order or student safety.

Amend the bill further, SECTION 2, by striking Section 59-23-540(B), (C), and (D) and inserting:

 (B) During any public school or public institution of higher learning-authorized activity or event where students share overnight lodging, no student shall be required to share a sleeping quarter or multioccupancy restroom or changing facility with a member of the opposite sex, unless such persons are members of the same family, such as a parent, legal guardian, sibling, or grandparent.
 (C) In any other public school or public institution of higher learning facility or setting where a person may be in a state of undress in the presence of others, school personnel shall provide separate, private areas designated for use by persons based on their sex, and no person shall enter these private areas unless he or she is a member of the designated sex.
 (D) 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.

Amend the bill further, SECTION 2, by striking Section 59-23-550(A), (B), and (C) and inserting:

 (A) An individual who, while accessing a restroom or changing facility designated for use by their sex, encounters a person of the opposite sex in that restroom or changing facility, has a private cause of action for declaratory and injunctive relief against the public school or public institution of higher learning that:
  (1) granted the person permission to use a restroom or changing facility of the opposite sex; or
  (2) failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing facility of the opposite sex.
 (B) An individual required by the public school or public institution of higher learning to share sleeping quarters with a person of the opposite sex has a private cause of action for declaratory and injunctive relief against the offending public school or public institution of higher learning.
 (C) All civil action brought pursuant to this section must be initiated within two years after the violation occurred. An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending public school or public institution of higher learning.

Amend the bill further, SECTION 2, by striking Section 59-23-560(A), (B), and (C) and inserting:

 (A) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from adopting policies necessary to accommodate disabled persons protected under the Americans with Disabilities Act, elderly persons requiring aid, or young children in need of physical assistance when using restrooms or changing facilities.
 (B) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from establishing single-occupancy restrooms, changing facilities, or sleeping quarters, or family restrooms, changing facilities, or sleeping quarters.
 (C) Nothing in this article may be construed to prohibit public schools or public institutions of higher learning from redesignating a multioccupancy restroom, changing facility, or sleeping quarters designated for exclusive use by one sex to a designation for exclusive use by the opposite sex, on either a permanent basis or temporary or event-based basis.

Renumber sections to conform.

Amend title to conform.