2025
STATE OF WYOMING
25LSO-0225
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1HB0072
HOUSE BILL NO. HB0072
Protecting women's privacy in public spaces act.
Sponsored by: Representative(s) Lawley, Andrew, Angelos,
Banks, Bratten, Guggenmos, Haroldson,
Heiner, Kelly, Larson, JT, Neiman, Washut,
Williams and Wylie and Senator(s) Brennan,
Crago, Hutchings, Jones and Olsen
A BILL
for
1 AN ACT relating to the administration of the government;
2 specifying requirements for the use of sex-designated
3 restrooms, showers, sleeping quarters and locker room
4 facilities at public facilities; providing for complaints
5 and civil actions; specifying duties for public entities;
6 providing definitions; making conforming amendments; and
7 providing for an effective date.
8
9
10
11. W.S. 1-39-124 and 9-25-101 through
12 9-25-104 are created to read:
13
14 2025STATE OF WYOMING25LSO-0225
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2HB0072
1
2 A governmental entity is liable for damages resulting from
3 a violation of W.S. 9-25-101 through 9-25-104 in accordance
4 with W.S. 9-25-101 through 9-25-104.
5
6 CHAPTER 25
7 CHANGING AREA AND RESTROOM REQUIREMENTS
8
9
10
11 (a) As used in this chapter:
12
13 (i) "Changing area" means an area in a public
14 facility in which a person may be in a state of undress in
15 the presence of others, including a changing room, locker
16 room or shower room;
17
18 (ii) "Correctional facility" means, a state
19 penal institution, correctional facility operated by a
20 private entity under W.S. 7-22-102, the Wyoming boys'
21 school and the Wyoming girls' school;
22 2025STATE OF WYOMING25LSO-0225
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3HB00721 (iii) "Educational facility" means the
2 University of Wyoming, a Wyoming community college, a
3 Wyoming public school district or a public school and any
4 facility owned, operated or leased by the University of
5 Wyoming, a Wyoming community college, a Wyoming public
6 school district or a public school;
7
8 (iv) "Female" means a person who has, had, will
9 have or would have had, but for a congenital anomaly or
10 intentional or unintentional disruption, the reproductive
11 system that at some point produces, transports and utilizes
12 eggs for fertilization;
13
14 (v) "Governmental entity" means the state,
15 University of Wyoming or any local government;
16
17 (vi) "Inmate" means any person incarcerated in a
18 county jail;
19
20 (vii) "Jail" means a county operated facility
21 where adults are incarcerated or any county operated or
22 managed youth facility where persons are placed under W.S.
23 14-6-201 through 14-6-252; 2025STATE OF WYOMING25LSO-0225
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4HB00721
2 (viii) "Local government" means cities and
3 towns, counties, school districts, joint powers boards,
4 airport boards, public corporations, entities formed by a
5 county memorial hospital, special hospital district, rural
6 health care district or senior health care district that
7 are wholly owned by one (1) or more governmental entities,
8 community college districts, special districts and their
9 governing bodies, all political subdivisions of the state,
10 and their agencies, instrumentalities and institutions;
11
12 (ix) "Male" means a person who has, had, will
13 have or would have had, but for a congenital anomaly or
14 intentional or unintentional disruption, the reproductive
15 system that at some point produces, transports and utilizes
16 sperm for fertilization;
17
18 (x) "Public facility" means any building or
19 facility owned, operated or leased by a governmental entity
20 and shall include correctional facilities and educational
21 facilities;
22 2025STATE OF WYOMING25LSO-0225
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5HB00721 (xi) "Public school" means a public school or
2 charter school in Wyoming;
3
4 (xii) "Restroom" means a room or facility that
5 includes one (1) or more toilets or urinals;
6
7 (xiii) "Sex" means a person's biological sex,
8 either male or female;
9
10 (xiv) "Sleeping quarters" means an area with at
11 least one (1) bed or cot and in which more than one (1)
12 person is housed overnight.
13
14
15
16
17 (a) In each public facility:
18
19 (i) Every multi-occupancy changing area,
20 restroom and sleeping quarters shall be designated for use
21 exclusively by males or exclusively by females;
22 2025STATE OF WYOMING25LSO-0225
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6HB00721 (ii) Every multi-occupancy changing area,
2 restroom and sleeping quarters designated for one (1) sex
3 shall be used only by members of that sex.
4
5 (b) No person shall enter a changing area, restroom
6 or sleeping quarters that is designated for males or
7 females unless the person is a member of that sex.
8
9 (c) Nothing in this section shall be construed to
10 prohibit the administrator of a public facility from
11 providing a reasonable accommodation for a person. For
12 purposes of this subsection, a reasonable accommodation
13 shall not include access to a multi-occupancy changing
14 area, restroom, or sleeping quarters designated for the
15 opposite sex.
16
17 (d) Subsections (a) and (b) of this section shall not
18 apply to:
19
20 (i) Single-occupancy changing areas, restrooms
21 or sleeping quarters that are conspicuously designated for
22 unisex use;
23 2025STATE OF WYOMING25LSO-0225
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7HB00721 (ii) An employee who enters the changing area,
2 restroom or sleeping quarters to clean, maintain or inspect
3 a changing area, restroom or sleeping quarters when the
4 changing area, restroom or sleeping quarters is not
5 occupied;
6
7 (iii) A person who enters a changing area,
8 restroom or sleeping quarters to render medical assistance
9 or caregiving assistance;
10
11 (iv) A person or employee who enters the
12 changing area, restroom or sleeping quarters while in the
13 performance of the person's or employee's official duties;
14
15 (v) Any time during an ongoing natural disaster
16 or emergency or when necessary to prevent a serious threat
17 to public health or safety;
18
19 (vi) Changing areas, restrooms or sleeping
20 quarters that have been temporarily designated for use by
21 that person's sex.
22 2025STATE OF WYOMING25LSO-0225
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8HB00721 (e) A person who, while accessing a changing area or
2 restroom designated for use by the person's sex, encounters
3 another person of the opposite sex in the designated
4 changing area or restroom shall have a cause of action
5 against the public facility that:
6
7 (i) Provided the other person permission to use
8 a changing area or restroom of the opposite sex; or
9
10 (ii) Failed to take reasonable steps to prohibit
11 the other person from using the changing area or restroom
12 of the opposite sex. Reasonable steps may include but are
13 not limited to posting appropriate signage and adopting
14 policies and procedures for the enforcement of the
15 provisions of this act.
16
17 (f) A person who is required by a correctional
18 facility to share sleeping quarters with another person of
19 the opposite sex shall have a cause of action against the
20 correctional facility.
21
22 (g) A person aggrieved under this section who
23 prevails in a cause of action brought under this section is 2025STATE OF WYOMING25LSO-0225
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9HB0072
1 entitled to actual damages and may recover reasonable
2 attorney fees and costs from the governmental entity
3 operating the public facility.
4
5
6
7
8 (a) In each educational facility:
9
10 (i) Each multi-occupancy changing area, restroom
11 and sleeping quarters shall be designated by the
12 educational facility for use exclusively for males or
13 exclusively for females;
14
15 (ii) Every multi-occupancy changing area,
16 restroom and sleeping quarters designated for one (1) sex
17 shall be used only by members of that sex.
18
19 (b) No person shall enter a changing area that is
20 designated for one (1) sex unless that person is a member
21 of that sex.
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10HB00721 (c) Each educational facility that offers housing for
2 student residents shall provide students the option to be
3 housed only with persons of the same sex.
4
5 (d) During any activity or event authorized by an
6 educational facility where persons share sleeping quarters,
7 no person shall be required to share sleeping quarters with
8 a member of the opposite sex, unless all occupants of the
9 sleeping quarters are members of the same immediate family.
10
11 (e) In any other facility or setting in an
12 educational facility where a person may be in a state of
13 undress in the presence of others, the educational facility
14 shall provide separate, private changing areas designated
15 for use by persons based on their sex. Except as provided
16 by subsection (f) of this section, no person shall enter
17 these changing areas unless that person is a member of the
18 designated sex.
19
20 (f) This section shall not apply to:
21 2025STATE OF WYOMING25LSO-0225
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11HB00721 (i) Single-occupancy changing areas, restrooms
2 or sleeping quarters that are conspicuously designated for
3 unisex or family use;
4
5 (ii) Changing areas, restrooms or sleeping
6 quarters that have been temporarily designated for use by
7 that person's sex;
8
9 (iii) A person of one (1) sex who uses a
10 single-sex changing area or restroom designated for the
11 opposite sex, if that single-sex changing area or restroom
12 is the only facility reasonably available at the time of
13 the person's use of the changing area or restroom and no
14 members of the opposite sex are present in the changing
15 area or restroom at that time;
16
17 (iv) A person employed to clean, maintain or
18 inspect a changing area, restroom or sleeping quarters when
19 the changing area, restroom or sleeping quarters is not
20 occupied;
21 2025STATE OF WYOMING25LSO-0225
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12HB00721 (v) A person who enters a changing area,
2 restroom or sleeping quarters to render medical assistance
3 or caregiving assistance;
4
5 (vi) A person who is in need of assistance and,
6 for the purposes of receiving that assistance, is
7 accompanied by a family member, legal guardian or the
8 person's designee who is a member of the designated sex for
9 the single-sex changing area, restroom or sleeping
10 quarters;
11
12 (vii) Any time during an ongoing natural
13 disaster or emergency or when necessary to prevent a
14 serious threat to public health or student safety;
15
16 (viii) A school official or employee who enters
17 the changing area, restroom or sleeping quarters while in
18 the performance of the official's or employee's official
19 duties and who takes reasonable steps to ensure that no
20 person in the room is in a state of undress.
21
22 (g) Each educational facility shall provide a
23 reasonable accommodation to any person who is unwilling or 2025STATE OF WYOMING25LSO-0225
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13HB0072
1 unable for any reason to use a changing area or restroom
2 designated for the person's sex and located within an
3 educational facility, or multi-occupancy sleeping quarters
4 while attending an activity sponsored by the educational
5 facility, and who makes a written request to the public
6 school for the reasonable accommodation. A reasonable
7 accommodation granted under this subsection shall not
8 include access to a changing area, restroom or sleeping
9 quarters that is designated for use by members of the
10 opposite sex while persons of the opposite sex are present
11 or could be present.
12
13 (h) Any person who, while accessing a changing area,
14 restroom or sleeping quarters designated for use by the
15 person's sex, encounters a person of the opposite sex may
16 bring a cause of action for declaratory and injunctive
17 relief against the educational facility if:
18
19 (i) The educational facility gave that person
20 permission to use the changing area or restroom of the
21 opposite sex; or
22 2025STATE OF WYOMING25LSO-0225
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14HB00721 (ii) The educational facility failed to take
2 reasonable steps to prohibit that person from using the
3 changing area or restroom of the opposite sex.
4
5 (j) A person who is required by the educational
6 facility to share sleeping quarters with a person of the
7 opposite sex shall have a private cause of action for
8 declaratory and injunctive relief against the educational
9 facility.
10
11 (k) Any action initiated under subsections (h) or (j)
12 of this section shall be in accordance with all of the
13 following:
14
15 (i) Any civil action shall be brought not later
16 than four (4) years after the event creating the cause of
17 action has occurred;
18
19 (ii) Any person who prevails in an action
20 brought under subsections (h) or (j) of this section may
21 recover from the educational facility five thousand dollars
22 ($5,000.00) for each instance that the person encountered a
23 person of the opposite sex while accessing a changing area, 2025STATE OF WYOMING25LSO-0225
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15HB0072
1 restroom or sleeping quarters designated for use by the
2 person's sex;
3
4 (iii) The person may also recover monetary
5 damages from the educational facility for all harm
6 suffered;
7
8 (iv) Any person who prevails in an action
9 brought under subsections (h) or (j) of this section shall
10 be entitled to recover reasonable attorney fees and costs
11 from the educational facility;
12
13 (v) Nothing in this section shall limit any
14 other remedy of law or equity available to the person
15 against the educational facility.
16
17
18
19
20 (a) In each jail:
21 2025STATE OF WYOMING25LSO-0225
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16HB0072
1 (i) Every shower room, sleeping quarters and
2 restroom shall be designated for use exclusively by males
3 or exclusively by females;
4
5 (ii) Every shower room, sleeping quarters and
6 restroom designated for one (1) sex shall be used only by
7 inmates of that sex;
8
9 (iii) Every shower room, sleeping quarters and
10 restroom may be redesignated if all inmates of the opposite
11 sex vacate the area and the jail provides notice to all
12 employees.
13
14 (b) No inmate shall be placed in a shower room,
15 sleeping quarters or restroom that is designated for males
16 or females unless the inmate is a member of that sex or all
17 members of the opposite sex have been moved to prohibit any
18 visual contact of the person of the opposite sex.
19
20 (c) Nothing in this section shall prohibit a jail
21 employee from entering shower rooms, sleeping quarters or
22 restrooms under one (1) or more of the following
23 circumstances: 2025STATE OF WYOMING25LSO-0225
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17HB0072
1
2 (i) If a jail employee is performing the
3 employee's duties;
4
5 (ii) If there is a disaster or terroristic
6 attack;
7
8 (iii) If it is necessary for the safety and
9 security of the jail; or
10
11 (iv) If it is necessary for a jail employee to
12 establish order or discipline.
13
14 (d) No jail shall be required to clearly post signage
15 indicating the designations for one (1) sex on entry points
16 of shower rooms, sleeping quarters or restrooms if jail
17 employees and inmates are readily aware of the designation
18 for one (1) sex.
19
20 (e) An inmate placed or expressly allowed by a jail
21 employee to enter a shower room, sleeping quarter or
22 restroom when other inmates of the opposite sex are present
23 shall have a cause of action against the jail provided the 2025STATE OF WYOMING25LSO-0225
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18HB0072
1 inmate provides notice to a jail employee of an allegation
2 to allow all video and audio recordings in support of the
3 claim to be retained. A civil action initiated under this
4 subsection shall be brought not later than one (1) year
5 after the violation occurred.
6
7 (f) An inmate not easily identifiable as male or
8 female may be administratively segregated for the safety
9 and security of the inmate and other inmates. An inmate who
10 is administratively segregated under this subsection may be
11 temporarily allowed in a shower room, sleeping quarters or
12 restroom regardless of designation if the inmate is under
13 the direct control of a jail employee and there are no
14 other shower rooms, sleeping quarters or restrooms
15 designated for single occupancy use. An inmate using a
16 shower room, sleeping quarters or restroom under this
17 subsection shall be shielded from visual contact of other
18 inmates who are also using the shower room, sleeping
19 quarters or restroom.
20
21 (g) Nothing in this section shall prohibit an inmate
22 or jail from using any remedies afforded under the Prison 2025STATE OF WYOMING25LSO-0225
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19HB0072
1 Litigation Reduction Act to resolve any violations of this
2 section.
3
4W.S. 1-39-104(a) is amended to read:
5
6
7
8
9 (a) A governmental entity and its public employees
10 while acting within the scope of duties are granted
11 immunity from liability for any tort except as provided by
12 W.S. 1-39-105 through 1-39-112, 1-39-122
13. Any immunity in actions based on a
14 contract entered into by a governmental entity is waived
15 except to the extent provided by the contract if the
16 contract was within the powers granted to the entity and
17 was properly executed and except as provided in W.S.
18 1-39-120(b). The claims procedures of W.S. 1-39-113 apply
19 to contractual claims against governmental entities.
20
21. This act is effective July 1, 2025
22
23 (END)