ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to the administration of the government;
specifying requirements for the use of sex-designated
restrooms, showers, sleeping quarters and locker room
facilities at public facilities; providing for complaints
and civil actions; specifying duties for public entities;
providing definitions; making conforming amendments; and
providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 1-39-124 and 9-25-101 through
9-25-103 are created to read:
1-39-124. Liability; sex-designated facilities.
A governmental entity is liable for damages resulting from
a violation of W.S. 9-25-101 through 9-25-103 in accordance
with W.S. 9-25-101 through 9-25-103.
CHAPTER 25
CHANGING AREA AND RESTROOM REQUIREMENTS
9-25-101. Definitions.
(a) As used in this chapter:
(i) "Changing area" means an area in a public
facility in which a person may be in a state of undress in
the presence of others, including a changing room, locker
room or shower room;
(ii) "Correctional facility" means a state penal
institution, correctional facility operated by a private ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
entity under W.S. 7-22-102, the Wyoming boys' school and
the Wyoming girls' school;
(iii) "Educational facility" means the
University of Wyoming and a Wyoming community college and
any facility owned, operated or leased by the University of
Wyoming or a Wyoming community college. "Educational
facility" shall not include any multi-occupancy changing
area, restroom or sleeping quarters located inside a space
that an educational facility utilizes as a private
residence or as reservable commercial lodging;
(iv) "Female" means a person who has, had, will
have or would have had, but for a congenital anomaly or
intentional or unintentional disruption, the reproductive
system that at some point produces, transports and utilizes
eggs for fertilization;
(v) "Governmental entity" means the state,
University of Wyoming or any local government but shall not
include any school district or any city or county jail
where adults are incarcerated or managed youth facility
where persons are placed under W.S. 14-6-201 through
14-6-252;
(vi) "Local government" means cities and towns,
counties, joint powers boards, airport boards, public
corporations, entities formed by a county memorial
hospital, special hospital district, rural health care
district or senior health care district that are wholly
owned by one (1) or more governmental entities, community
college districts, special districts and their governing
bodies, all political subdivisions of the state, and their
agencies, instrumentalities and institutions. "Local
government" shall not include any school district or any ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
city or county jail where adults are incarcerated or
managed youth facility where persons are placed under W.S.
14-6-201 through 14-6-252;
(vii) "Male" means a person who has, had, will
have or would have had, but for a congenital anomaly or
intentional or unintentional disruption, the reproductive
system that at some point produces, transports and utilizes
sperm for fertilization;
(viii) "Public facility" means any building or
facility owned, operated or leased by a governmental entity
and shall include correctional facilities and educational
facilities. "Public facility" shall not include any
multi-occupancy changing area, restroom or sleeping
quarters located inside a space that a governmental entity
or public facility utilizes as a private residence or as
reservable commercial lodging;
(ix) "Restroom" means a room or facility that
includes one (1) or more toilets or urinals;
(x) "Sex" means a person's biological sex,
either male or female;
(xi) "Sleeping quarters" means an area with at
least one (1) bed or cot and in which more than one (1)
person is housed overnight.
9-25-102. Public facilities; changing areas
exclusively for members of a single sex.
(a) In each public facility: ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4(i) Every multi-occupancy changing area,
restroom and sleeping quarters shall be designated for use
exclusively by males or exclusively by females;
(ii) Every multi-occupancy changing area,
restroom and sleeping quarters designated for one (1) sex
shall be used only by members of that sex.
(b) In each public facility, no person shall enter a
changing area, restroom or sleeping quarters that is
designated for males or females unless the person is a
member of that sex.
(c) Nothing in this section shall be construed to
prohibit the administrator of a public facility from
providing a reasonable accommodation for a person. For
purposes of this subsection, a reasonable accommodation
shall not include access to a multi-occupancy changing
area, restroom, or sleeping quarters designated for the
opposite sex.
(d) Subsections (a) and (b) of this section shall not
apply to:
(i) Single-occupancy changing areas, restrooms
or sleeping quarters that are conspicuously designated for
unisex use;
(ii) An employee who enters the changing area,
restroom or sleeping quarters to clean, maintain or inspect
a changing area, restroom or sleeping quarters when the
changing area, restroom or sleeping quarters is not
occupied; ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
5(iii) A person who enters a changing area,
restroom or sleeping quarters to render medical assistance
or caregiving assistance;
(iv) A person or employee who enters the
changing area, restroom or sleeping quarters while in the
performance of the person's or employee's official duties;
(v) Any time during an ongoing natural disaster
or emergency or when necessary to prevent a serious threat
to public health or safety;
(vi) Changing areas, restrooms or sleeping
quarters that have been temporarily designated for use by
that person's sex;
(vii) A coach and members of an athletic team or
activity that includes members of both the male and female
sexes present in a changing area or restroom during an
athletic activity, in accordance with all of the following:
(A) Another suitable changing area or
restroom is not available;
(B) The coach is the coach of an athletic
activity or team with members of both the male and female
sexes;
(C) All persons in the changing area or
restroom are fully clothed;
(D) If available, the coach shall be
accompanied by not less than one (1) additional adult at
all times in the changing area or restroom, provided that
an additional adult shall not be required if members of the ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
6
activity or team of both sexes are present in the changing
area or restroom.
(e) In each public facility, a person who, while
accessing a changing area or restroom designated for use by
the person's sex, encounters another person of the opposite
sex in the designated changing area or restroom shall have
a cause of action against the public facility that:
(i) Provided the other person permission to use
a changing area or restroom of the opposite sex; or
(ii) Failed to take reasonable steps to prohibit
the other person from using the changing area or restroom
of the opposite sex. Reasonable steps may include but are
not limited to posting appropriate signage and adopting
policies and procedures for the enforcement of the
provisions of this act.
(f) A person who is required by a correctional
facility to share sleeping quarters with another person of
the opposite sex shall have a cause of action against the
correctional facility.
(g) A person aggrieved under this section who
prevails in a cause of action brought under this section is
entitled to actual damages and may recover reasonable
attorney fees and costs from the governmental entity
operating the public facility.
9-25-103. Sex-designated changing areas and privacy
spaces in educational facilities.
(a) In each educational facility: ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
7(i) Each multi-occupancy changing area, restroom
and sleeping quarters shall be designated by the
educational facility for use exclusively for males or
exclusively for females;
(ii) Every multi-occupancy changing area,
restroom and sleeping quarters designated for one (1) sex
shall be used only by members of that sex.
(b) In each educational facility, no person shall
enter a changing area that is designated for one (1) sex
unless that person is a member of that sex.
(c) Each educational facility that offers housing for
student residents shall provide students the option to be
housed only with persons of the same sex.
(d) During any activity or event authorized by an
educational facility where persons share sleeping quarters,
no person shall be required to share sleeping quarters with
a member of the opposite sex, unless all occupants of the
sleeping quarters are members of the same immediate family.
(e) In any other facility or setting in an
educational facility where a person may be in a state of
undress in the presence of others, the educational facility
shall provide separate, private changing areas designated
for use by persons based on their sex. Except as provided
by subsection (f) of this section, no person shall enter
these changing areas unless that person is a member of the
designated sex.
(f) This section shall not apply to: ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
8(i) Single-occupancy changing areas, restrooms
or sleeping quarters that are conspicuously designated for
unisex or family use;
(ii) Changing areas, restrooms or sleeping
quarters that have been temporarily designated for use by
that person's sex;
(iii) A person of one (1) sex who uses a
single-sex changing area or restroom designated for the
opposite sex, if that single-sex changing area or restroom
is the only facility reasonably available at the time of
the person's use of the changing area or restroom and no
members of the opposite sex are present in the changing
area or restroom at that time;
(iv) A person employed to clean, maintain or
inspect a changing area, restroom or sleeping quarters when
the changing area, restroom or sleeping quarters is not
occupied;
(v) A person who enters a changing area,
restroom or sleeping quarters to render medical assistance
or caregiving assistance;
(vi) A person who is in need of assistance and,
for the purposes of receiving that assistance, is
accompanied by a family member, legal guardian or the
person's designee who is a member of the designated sex for
the single-sex changing area, restroom or sleeping
quarters;
(vii) Any time during an ongoing natural
disaster or emergency or when necessary to prevent a
serious threat to public health or student safety; ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
9
(viii) A school official or employee who enters
the changing area, restroom or sleeping quarters while in
the performance of the official's or employee's official
duties and who takes reasonable steps to ensure that no
person in the room is in a state of undress;
(ix) A coach and members of an athletic team or
activity that includes members of both the male and female
sexes present in a changing area or restroom during an
athletic activity, in accordance with all of the following:
(A) Another suitable changing area or
restroom is not available;
(B) The coach is the coach of an athletic
activity or team with members of both the male and female
sexes;
(C) All persons in the changing area or
restroom are fully clothed;
(D) If available, the coach shall be
accompanied by not less than one (1) additional adult at
all times in the changing area or restroom, provided that
an additional adult shall not be required if members of the
activity or team of both sexes are present in the changing
area or restroom.
(g) Each educational facility shall provide a
reasonable accommodation to any person who is unwilling or
unable for any reason to use a changing area or restroom
designated for the person's sex and located within an
educational facility, or multi-occupancy sleeping quarters
while attending an activity sponsored by the educational ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
10
facility, and who makes a written request to the
educational facility for the reasonable accommodation. A
reasonable accommodation granted under this subsection
shall not include access to a changing area, restroom or
sleeping quarters that is designated for use by members of
the opposite sex while persons of the opposite sex are
present or could be present.
(h) In each educational facility, any person who,
while accessing a changing area, restroom or sleeping
quarters designated for use by the person's sex, encounters
a person of the opposite sex may bring a cause of action
for declaratory and injunctive relief against the
educational facility if:
(i) The educational facility gave that person
permission to use the changing area or restroom of the
opposite sex; or
(ii) The educational facility failed to take
reasonable steps to prohibit that person from using the
changing area or restroom of the opposite sex.
(j) A person who is required by the educational
facility to share sleeping quarters with a person of the
opposite sex shall have a private cause of action for
declaratory and injunctive relief against the educational
facility.
(k) Any action initiated under subsections (h) or (j)
of this section shall be in accordance with all of the
following: ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
11(i) Any civil action shall be brought not later
than four (4) years after the event creating the cause of
action has occurred;
(ii) Any person who prevails in an action
brought under subsections (h) or (j) of this section may
recover from the educational facility five thousand dollars
($5,000.00) for each instance that the person encountered a
person of the opposite sex while accessing a changing area,
restroom or sleeping quarters designated for use by the
person's sex;
(iii) The person may also recover monetary
damages from the educational facility for all harm
suffered;
(iv) Any person who prevails in an action
brought under subsections (h) or (j) of this section shall
be entitled to recover reasonable attorney fees and costs
from the educational facility;
(v) Nothing in this section shall limit any
other remedy of law or equity available to the person
against the educational facility.
Section 2. W.S. 1-39-104(a) is amended to read:
1-39-104. Granting immunity from tort liability;
liability on contracts; exceptions.
(a) A governmental entity and its public employees
while acting within the scope of duties are granted
immunity from liability for any tort except as provided by
W.S. 1-39-105 through 1-39-112, 1-39-122
1-39-123 . Any immunity in actions based on a ORIGINAL HOUSE ENGROSSED
BILL NO. HB0072
ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
12
contract entered into by a governmental entity is waived
except to the extent provided by the contract if the
contract was within the powers granted to the entity and
was properly executed and except as provided in W.S.
1-39-120(b). The claims procedures of W.S. 1-39-113 apply
to contractual claims against governmental entities.
Section 3. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk