Stricken language would be deleted from and underlined language would be added to present law.
*LGL049* 03/17/2025 4:22:27 PM LGL049
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 486 3
4
By: Senator B. Johnson 5
By: Representative Bentley 6
7
For An Act To Be Entitled 8
AN ACT CONCERNING SAFETY AND PRIVACY IN CERTAIN 9
ENTITIES; CONCERNING THE DESIGNATION OF MULTI -10
OCCUPANCY RESTROOMS, CHANGING ROOMS, AND SLEEPING 11
QUARTERS IN CERTAIN ENTITIES BASED ON AN INDIVIDUAL'S 12
SEX; AND FOR OTHER PURPOSES. 13
14
15
Subtitle 16
CONCERNING SAFETY AND PRIVACY IN CERTAIN 17
ENTITIES; AND CONCERNING THE DESIGNATION 18
OF MULTI-OCCUPANCY RESTROOMS, CHANGING 19
ROOMS, AND SLEEPING QUARTERS IN CERTAIN 20
ENTITIES BASED ON AN INDIVIDUAL'S SEX. 21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
24
SECTION 1. DO NOT CODIFY. Legislative intent. 25
It is the intent of the General Assembly to: 26
(1) Clarify and reconcile the meaning of sex, male, and female 27
in state law; and 28
(2) Preserve order and dignity in women's restrooms, changing 29
rooms, and sleeping quarters in facilities where women have traditionally 30
been afforded privacy and safety. 31
32
SECTION 2. Arkansas Code Title 9, Chapter 6, is amended to add an 33
additional section to read as follows: 34
9-6-113. Safety and Privacy in Shelters — Designation of certain rooms 35
based on sex — Definitions. 36 SB486
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(a) As used in this section: 1
(1) "Changing room" means the same as defined under § 22 -3-2201; 2
(2) "Female" means the same as defined under § 22 -3-2201; 3
(3) "Male" means the same as defined under § 22 -3-2201; 4
(4) "Multi-occupancy" means the same as defined under § 22 -3-5
2201; 6
(5) "Restroom" means the same as defined under § 22 -3-2201; 7
(6) "Sex" means the same as defined under § 22 -3-2201; and 8
(7) "Sleeping quarter" means the same as defined under § 22 -3-9
2201. 10
(b) A shelter shall designate each multi -occupancy restroom, changing 11
room, and sleeping quarter for the exclusive use of females or males. 12
(c)(1) Every restroom, changing room, or sleeping quarter in a shelter 13
that is designated for the exclusive use of females or males shall only be 14
used by a member of the designated sex. 15
(2) A person shall not enter a restroom or changing room that is 16
designated for the exclusive use of females or males unless he or she is a 17
member of the designated sex. 18
(3) A shelter shall not require a person to share a sleeping 19
quarter with a member of the opposite sex. 20
(d) A shelter shall take reasonable steps to provide an individual 21
with privacy in a designated restroom, changing room, and sleeping quarter 22
from use by a member of the opposite sex. 23
(e) This section shall not apply to a person who enters a restroom, 24
changing room, or sleeping quarter designated for the opposite sex to: 25
(1) Perform custodial services or maintenance; 26
(2) Render medical assistance; 27
(3) Perform duties arising under the course and scope of 28
employment as a law enforcement officer, employee, or contractor; 29
(4) Seek protection in a designated shelter area during a threat 30
of an emergency or a natural disaster; or 31
(5) Provide aid during a threat of a natural disaster or a 32
serious threat to good order or safety. 33
(f) This section shall not be construed to prohibit a shelter from: 34
(1) Adopting policies necessary to accommodate: 35
(A) Persons protected under the Americans with 36 SB486
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Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1
1, 2025; 2
(B) Young children in need of assistance; or 3
(C) Elderly persons requiring aid; 4
(2) Establishing a single -occupancy restroom, changing room, or 5
sleeping quarter, or a family restroom, changing room, or sleeping quarter; 6
or 7
(3) Redesignating a multi -occupancy restroom, changing room, or 8
sleeping quarter designated for exclusive use by one (1) sex to a designation 9
for exclusive use by the opposite sex. 10
(g) A person in a restroom or changing room designated for use by his 11
or her sex who encounters a person of the opposite sex has a private cause of 12
action for damages and declaratory and injunctive relief against the shelter 13
in which the restroom or changing room is located if the shelter: 14
(1) Provided the person of the opposite sex permission to use a 15
restroom or changing room of the opposite sex; or 16
(2) Failed to take reasonable steps to prohibit the person of 17
the opposite sex from using the restroom or changing room of the opposite 18
sex. 19
(h) A person required by the shelter to share a sleeping quarter 20
designated for use by his or her sex with a person of the opposite sex has a 21
private cause of action for damages and declaratory and injunctive relief 22
against the shelter. 23
(i)(1) A civil action brought pursuant to subsection (g) or subsection 24
(h) of this section shall be commenced within two (2) years of the date of 25
the cause of action. 26
(2) A person who prevails in an action brought under subsection 27
(g) or subsection (h) of this section may recover reasonable attorney fees 28
and costs from the offending shelter. 29
30
SECTION 3. Arkansas Code Title 12, Chapter 28, Subchapter 1, is 31
amended to add an additional section to read as follows: 32
12-28-110. Safety and Privacy in State Correctional Facilities — 33
Designation of certain rooms based on sex — Definitions. 34
(a) As used in this section: 35
(1) "Changing room" means the same as defined under § 22 -3-2201; 36 SB486
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(2)(A) "Correctional facility" means a state correctional 1
facility that has the power to detain or restrain a person under the laws of 2
the state, including without limitation facilities operated by the Division 3
of Correction or the Division of Community Correction. 4
(B) "Correctional facility" does not include a temporary 5
municipal holding facility; 6
(3) "Facility" means a correctional facility or a juvenile 7
detention facility; 8
(4) "Female" means the same as defined under § 22 -3-2201; 9
(5) "Juvenile detention facility" means any facility for the 10
temporary care of juveniles alleged to be delinquent or adjudicated 11
delinquent and awaiting disposition who require secure custody in a 12
physically restraining facility designed and operated with all entrances and 13
exits under the exclusive control of the facility's staff so that the 14
juvenile may not leave the facility unsupervised or without permission under 15
§ 12-41-803; 16
(6) "Male" means the same as defined under § 22 -3-2201; 17
(7) "Multi-occupancy" means the same as defined under § 22-3-18
2201; 19
(8) "Restroom" means the same as defined under § 22 -3-2201; 20
(9) "Sex" means the same as defined under § 22 -3-2201; and 21
(10) "Sleeping quarter" means the same as defined under § 22 -3-22
2201. 23
(b) A facility shall designate each multi -occupancy restroom, changing 24
room, and sleeping quarter for the exclusive use of females or males. 25
(c)(1) Every restroom, changing room, or sleeping quarter in a 26
facility that is designated for the exclusive use of females or males shall 27
only be used by a member of the designated sex. 28
(2) A person shall not enter a restroom or changing room that is 29
designated for the exclusive use of females or males unless he or she is a 30
member of the designated sex. 31
(3) A facility shall not require a person to share a sleeping 32
quarter with a member of the opposite sex. 33
(d) A facility shall take reasonable steps to provide an individual 34
with privacy in a designated restroom, changing room, and sleeping quarter 35
from use by a member of the opposite sex. 36 SB486
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(e) This section shall not apply to a person who enters a restroom, 1
changing room, or sleeping quarter designated for the opposite sex to: 2
(1) Perform custodial services or maintenance; 3
(2) Render medical assistance; 4
(3) Perform duties arising under the course and scope of 5
employment as a law enforcement officer, employee, or contractor; 6
(4) Seek protection in a designated shelter area during a threat 7
of an emergency or a natural disaster; 8
(5) Provide aid during a threat of a natural disaster or a 9
serious threat to good order or safety; or 10
(6) Address, supervise, or treat athletes that the individual is 11
overseeing as a coach or an athletics personnel member during a reasonable 12
time before an athletic event, during an athletic event, or immediately 13
following an athletic event if: 14
(A) The coach or the athletics personnel member verifies 15
that no person is in a state of undress at any time while the coach or the 16
athletics personnel member is present; and 17
(B) An adult other than the coach or the athletics 18
personnel member is also present. 19
(f) This section shall not be construed to prohibit a facility from: 20
(1) Adopting policies necessary to accommodate: 21
(A) Persons protected under the Americans with 22
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 23
1, 2025; 24
(B) Young children in need of assistance; or 25
(C) Elderly persons requiring aid; 26
(2) Establishing a single -occupancy restroom, changing room, or 27
sleeping quarter, or a family restroom, changing room, or sleeping quarter; 28
or 29
(3) Redesignating a multi -occupancy restroom, changing room, or 30
sleeping quarter designated for exclusive use by one (1) sex to a designation 31
for exclusive use by the opposite sex. 32
(g) A person in a restroom or changing room designated for use by his 33
or her sex who encounters a person of the opposite sex has a private cause of 34
action for damages and declaratory and injunctive relief against the facility 35
in which the restroom or changing room is located if the facility: 36 SB486
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(1) Provided the person of the opposite sex permission to use a 1
restroom or changing room of the opposite sex; or 2
(2) Failed to take reasonable steps to prohibit the person of 3
the opposite sex from using the restroom or changing room of the opposite 4
sex. 5
(h) A person required by the facility to share a sleeping quarter 6
designated for use by his or her sex with a person of the opposite sex has a 7
private cause of action for damages and declaratory and injunctive relief 8
against the facility. 9
(i)(1) A civil action brought pursuant to subsection (g) or subsection 10
(h) of this section shall be commenced within two (2) years of the date of 11
the cause of action. 12
(2) A person who prevails in an action brought under subsection 13
(g) or subsection (h) of this section may recover reasonable attorney fees 14
and costs from the offending facility. 15
16
SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 1, is 17
amended to add an additional section to read as follows: 18
12-41-111. Safety and Privacy in Local Correctional Facilities — 19
Designation of certain rooms based on sex — Definitions. 20
(a) As used in this section: 21
(1) "Changing room" means the same as defined under § 22 -3-2201; 22
(2)(A) "Correctional facility" means a local correctional 23
facility that has the power to detain or restrain a person under the laws of 24
the state, including without limitation facilities operated by the Division 25
of Correction or the Division of Community Correction. 26
(B) "Correctional facility" does not include a temporary 27
municipal holding facility; 28
(3) "Facility" means a correctional facility or a juvenile 29
detention facility; 30
(4) "Female" means the same as defined under § 22 -3-2201; 31
(5) "Juvenile detention facility" means any facility for the 32
temporary care of juveniles alleged to be delinquent or adjudicated 33
delinquent and awaiting disposition who require secure custody in a 34
physically restraining facility designed and operated with all entrances and 35
exits under the exclusive control of the facility's staff so that the 36 SB486
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juvenile may not leave the facility unsupervised or without permission under 1
§ 12-41-803; 2
(6) "Male" means the same as defined under § 22 -3-2201; 3
(7) "Multi-occupancy" means the same as defined under § 22 -3-4
2201; 5
(8) "Restroom" means the same as defined under § 22 -3-2201; 6
(9) "Sex" means the same as defined under § 22 -3-2201; and 7
(10) "Sleeping quarter" means the same as defined under § 22 -3-8
2201. 9
(b) A facility shall designate each multi -occupancy restroom, changing 10
room, and sleeping quarter for the exclusive use of females or males. 11
(c)(1) Every restroom, changing room, or sleeping quarter in a 12
facility that is designated for the exclusive use of females or males shall 13
only be used by members of the designated sex. 14
(2) A person shall not enter a restroom or changing room that is 15
designated for the exclusive use of females or males unless he or she is a 16
member of the designated sex. 17
(3) A facility shall not require a person to share a sleeping 18
quarter with a member of the opposite sex. 19
(d) A facility shall take reasonable steps to provide an individual 20
with privacy in a designated restroom, changing room, and sleeping quarter 21
from use by a member of the opposite sex. 22
(e) This section shall not apply to a person who enters a restroom, 23
changing room, or sleeping quarter designated for the opposite sex to: 24
(1) Perform custodial services or maintenance; 25
(2) Render medical assistance; 26
(3) Perform duties arising under the course and scope of 27
employment as a law enforcement officer, employee, or contractor; 28
(4) Seek protection in a designated shelter area during a threat 29
of an emergency or a natural disaster; 30
(5) Provide aid during a threat of a natural disaster or a 31
serious threat to good order or safety; or 32
(6) Address, supervise, or treat athletes that the individual is 33
overseeing as a coach or an athletics personnel member during a reasonable 34
time before an athletic event, during an athletic event, or immediately 35
following an athletic event if: 36 SB486
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(A) The coach or the athletics personnel member verifies 1
that no person is in a state of undress at any time while the coach or the 2
athletics personnel member is present; and 3
(B) An adult other than the coach or the athletics 4
personnel member is also present. 5
(f) This section shall not be construed to prohibit a facility from: 6
(1) Adopting policies necessary to accommodate: 7
(A) Persons protected under the Americans with 8
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 9
1, 2025; 10
(B) Young children in need of assistance; or 11
(C) Elderly persons requiring aid; 12
(2) Establishing a single -occupancy restroom, changing room, or 13
sleeping quarter, or a family restroom, changing room, or sleeping quarter; 14
or 15
(3) Redesignating a multi -occupancy restroom, changing room, or 16
sleeping quarter designated for exclusive use by one (1) sex to a designation 17
for exclusive use by the opposite sex. 18
(g) A person in a restroom or changing room designated for use by his 19
or her sex who encounters a person of the opposite sex has a private cause of 20
action for damages and declaratory and injunctive relief against the facility 21
in which the restroom or changing room is located if the facility: 22
(1) Provided the person of the opposite sex permission to use a 23
restroom or changing room of the opposite sex; or 24
(2) Failed to take reasonable steps to prohibit the person of 25
the opposite sex from using the restroom or changing room of the opposite 26
sex. 27
(h) A person required by the facility to share a sleeping quarter 28
designated for use by his or her sex with a person of the opposite sex has a 29
private cause of action for damages and declaratory and injunctive relief 30
against the facility. 31
(i)(1) A civil action brought pursuant to subsection (g) or subsection 32
(h) of this section shall be commenced within two (2) years of the date of 33
the cause of action. 34
(2) A person who prevails in a civil action brought under 35
subsection (g) or subsection (h) of this section may recover reasonable 36 SB486
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attorney fees and costs from the offending facility. 1
2
SECTION 5. Arkansas Code Title 22, Chapter 3, is amended to add an 3
additional subchapter to read as follows: 4
Subchapter 22 — Safety and Privacy in Public Buildings 5
6
22-3-2201. Definitions. 7
As used in this subchapter: 8
(1) "Changing room" means a room or area in which a person may 9
be in a state of undress in the presence of others, including without 10
limitation a locker room or a shower room; 11
(2) "Female" means an individual who naturally has, had, will 12
have, or would have but for a congenital anomaly or intentional or 13
unintentional disruption the reproductive system that at some point produces, 14
transports, and utilizes eggs for fertilization; 15
(3) "Governmental entity" means every department, division, 16
office, board, commission, institution, and political subdivision of this 17
state; 18
(4) "Male" means an individual who naturally has, had, will 19
have, or would have but for a congenital anomaly or intentional or 20
unintentional disruption the reproductive system that at some point produces, 21
transports, and utilizes sperm for fertilization; 22
(5) "Multi-occupancy" means a space designed for use by multiple 23
persons simultaneously; 24
(6) "Public building" means a building or related facility 25
occupied by a governmental entity; 26
(7) "Restroom" means a room that includes one or more toilets or 27
urinals; 28
(8) "Sex" means an individual's biological sex, either male or 29
female; and 30
(9) "Sleeping quarter" means a room with a bed in which more 31
than one (1) individual is housed overnight. 32
33
22-3-2202. Safety and Privacy in Public Buildings — Designation of 34
certain rooms based on sex. 35
(a) A governmental entity occupying a public building shall designate 36 SB486
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each multi-occupancy restroom, changing room, and sleeping quarter for the 1
exclusive use of females or males. 2
(b)(1) Every restroom, changing room, or sleeping quarter in a public 3
building that is designated for the exclusive use of females or males shall 4
only be used by a member of the designated sex. 5
(2) A person shall not enter a restroom or changing room that is 6
designated for the exclusive use of females or males unless he or she is a 7
member of the designated sex. 8
(3) A governmental entity occupying a public building shall not 9
require a person to share a sleeping quarter with a member of the opposite 10
sex. 11
(c) A governmental entity occupying a public building shall take 12
reasonable steps to provide an individual with privacy in a designated 13
restroom, changing room, and sleeping quarter from members of the opposite 14
sex. 15
(d) This section shall not apply to a person who enters a restroom, 16
changing room, or sleeping quarter designated for the opposite sex to: 17
(1) Perform custodial services or maintenance; 18
(2) Render medical assistance; 19
(3) Perform duties arising under the course and scope of 20
employment as a law enforcement officer, employee, or contractor; 21
(4) Seek protection in a designated shelter area during a threat 22
of an emergency or a natural disaster; 23
(5) Provide aid during a threat of a natural disaster or a 24
serious threat to good order or safety; or 25
(6) Address, supervise, or treat athletes that the individual is 26
overseeing as a coach or an athletics personnel member during a reasonable 27
time before an athletic event, during an athletic event, or immediately 28
following an athletic event if: 29
(A) The coach or the athletics personnel member verifies 30
that no person is in a state of undress at any time while the coach or the 31
athletics personnel member is present; and 32
(B) An adult other than the coach or the athletics 33
personnel member is also present. 34
(e) This section shall not be construed to prohibit a governmental 35
entity occupying a public building from: 36 SB486
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(1) Adopting policies necessary to accommodate: 1
(A) Persons protected under the Americans with 2
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 3
1, 2025; 4
(B) Young children in need of assistance; or 5
(C) Elderly persons requiring aid; 6
(2) Establishing a single-occupancy restroom, a changing room, 7
or sleeping quarter, or a family restroom, changing room, or sleeping 8
quarter; or 9
(3) Redesignating a multi -occupancy restroom, changing room, or 10
sleeping quarter designated for exclusive use by one (1) sex to a designation 11
for exclusive use by the opposite sex. 12
13
22-3-2203. Remedies. 14
(a) A person in a restroom or changing room designated for use by his 15
or her sex who encounters a person of the opposite sex has a private cause of 16
action for damages and declaratory and injunctive relief against the 17
governmental entity occupying a public building in which the restroom or 18
changing room is located if the governmental entity: 19
(1) Provided the person of the opposite sex permission to use a 20
restroom or changing room of the opposite sex; or 21
(2) Failed to take reasonable steps to prohibit the person of 22
the opposite sex from using the restroom or changing room of the opposite 23
sex. 24
(b) A person required by the governmental entity occupying a public 25
building to share a sleeping quarter designated for use by his or her sex 26
with a person of the opposite sex has a private cause of action for damages 27
and declaratory and injunctive relief against the governmental entity 28
occupying a public building. 29
(c)(1) A civil action brought pursuant to subsection (a) or subsection 30
(b) of this section shall be commenced within two (2) years of the date of 31
the cause of action. 32
(2) A person who prevails in a civil action brought under 33
subsection (a) or subsection (b) of this section may recover reasonable 34
attorney fees and costs from the offending governmental entity. 35
36 SB486
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SECTION 6. DO NOT CODIFY. SEVERABILITY. If any provision of this act 1
or the application of this act to any person or circumstance is held invalid, 2
the invalidity shall not affect other provisions or applications of this act 3
which can be given effect without the invalid provision or application, and 4
to this end, the provisions of this act are declared severable. 5
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