Wyoming 2025 Regular Session

Wyoming House Bill HB0072 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL HOUSE ENGROSSED
2		-	BILL NO. HB0072
3		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0225
	4	+	ENGROSSED
	5	+	1HB0072
	6	+	HOUSE BILL NO. HB0072
	7	+	Protecting women's privacy in public spaces act.
	8	+	Sponsored by: Representative(s) Lawley, Andrew, Angelos,
	9	+	Banks, Bratten, Guggenmos, Haroldson,
	10	+	Heiner, Kelly, Larson, JT, Neiman, Washut,
	11	+	Williams and Wylie and Senator(s) Brennan,
	12	+	Crago, Hutchings, Jones and Olsen
	13	+	A BILL
	14	+	for
	15	+	1 AN ACT relating to the administration of the government;
	16	+	2 specifying requirements for the use of sex-designated
	17	+	3 restrooms, showers, sleeping quarters and locker room
	18	+	4 facilities at public facilities; providing for complaints
	19	+	5 and civil actions; specifying duties for public entities;
	20	+	6 providing definitions; making conforming amendments; and
	21	+	7 providing for an effective date.
	22	+	8
	23	+	9
	24	+	10
	25	+	11. W.S. 1-39-124 and 9-25-101 through
	26	+	12 9-25-104 are created to read:
	27	+	13
	28	+	14 2025STATE OF WYOMING25LSO-0225
	29	+	ENGROSSED
	30	+	2HB0072
6	31		1
7		-	AN ACT relating to the administration of the government;
8		-	specifying requirements for the use of sex-designated
9		-	restrooms, showers, sleeping quarters and locker room
10		-	facilities at public facilities; providing for complaints
11		-	and civil actions; specifying duties for public entities;
12		-	providing definitions; making conforming amendments; and
13		-	providing for an effective date.
14		-	Be It Enacted by the Legislature of the State of Wyoming:
15		-	Section 1. W.S. 1-39-124 and 9-25-101 through
16		-	9-25-103 are created to read:
17		-	1-39-124. Liability; sex-designated facilities.
18		-	A governmental entity is liable for damages resulting from
19		-	a violation of W.S. 9-25-101 through 9-25-103 in accordance
20		-	with W.S. 9-25-101 through 9-25-103.
21		-	CHAPTER 25
22		-	CHANGING AREA AND RESTROOM REQUIREMENTS
23		-	9-25-101. Definitions.
24		-	(a) As used in this chapter:
25		-	(i) "Changing area" means an area in a public
26		-	facility in which a person may be in a state of undress in
27		-	the presence of others, including a changing room, locker
28		-	room or shower room;
29		-	(ii) "Correctional facility" means a state penal
30		-	institution, correctional facility operated by a private ORIGINAL HOUSE ENGROSSED
31		-	BILL NO. HB0072
32		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
33		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
34		-	2025 GENERAL SESSION
35		-	2
36		-	entity under W.S. 7-22-102, the Wyoming boys' school and
37		-	the Wyoming girls' school;
38		-	(iii) "Educational facility" means the
39		-	University of Wyoming and a Wyoming community college and
40		-	any facility owned, operated or leased by the University of
41		-	Wyoming or a Wyoming community college. "Educational
42		-	facility" shall not include any multi-occupancy changing
43		-	area, restroom or sleeping quarters located inside a space
44		-	that an educational facility utilizes as a private
45		-	residence or as reservable commercial lodging;
46		-	(iv) "Female" means a person who has, had, will
47		-	have or would have had, but for a congenital anomaly or
48		-	intentional or unintentional disruption, the reproductive
49		-	system that at some point produces, transports and utilizes
50		-	eggs for fertilization;
51		-	(v) "Governmental entity" means the state,
52		-	University of Wyoming or any local government but shall not
53		-	include any school district or any city or county jail
54		-	where adults are incarcerated or managed youth facility
55		-	where persons are placed under W.S. 14-6-201 through
56		-	14-6-252;
57		-	(vi) "Local government" means cities and towns,
58		-	counties, joint powers boards, airport boards, public
59		-	corporations, entities formed by a county memorial
60		-	hospital, special hospital district, rural health care
61		-	district or senior health care district that are wholly
62		-	owned by one (1) or more governmental entities, community
63		-	college districts, special districts and their governing
64		-	bodies, all political subdivisions of the state, and their
65		-	agencies, instrumentalities and institutions. "Local
66		-	government" shall not include any school district or any ORIGINAL HOUSE ENGROSSED
67		-	BILL NO. HB0072
68		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
69		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
70		-	2025 GENERAL SESSION
	32	+	2 A governmental entity is liable for damages resulting from
	33	+	3 a violation of W.S. 9-25-101 through 9-25-104 in accordance
	34	+	4 with W.S. 9-25-101 through 9-25-104.
	35	+	5
	36	+	6 CHAPTER 25
	37	+	7 CHANGING AREA AND RESTROOM REQUIREMENTS
	38	+	8
	39	+	9
	40	+	10
	41	+	11 (a) As used in this chapter:
	42	+	12
	43	+	13 (i) "Changing area" means an area in a public
	44	+	14 facility in which a person may be in a state of undress in
	45	+	15 the presence of others, including a changing room, locker
	46	+	16 room or shower room;
	47	+	17
	48	+	18 (ii) "Correctional facility" means, a state
	49	+	19 penal institution, correctional facility operated by a
	50	+	20 private entity under W.S. 7-22-102, the Wyoming boys'
	51	+	21 school and the Wyoming girls' school;
	52	+	22 2025STATE OF WYOMING25LSO-0225
	53	+	ENGROSSED
	54	+	3HB00721 (iii) "Educational facility" means the
	55	+	2 University of Wyoming, a Wyoming community college, a
	56	+	3 Wyoming public school district or a public school and any
	57	+	4 facility owned, operated or leased by the University of
	58	+	5 Wyoming, a Wyoming community college, a Wyoming public
	59	+	6 school district or a public school;
	60	+	7
	61	+	8 (iv) "Female" means a person who has, had, will
	62	+	9 have or would have had, but for a congenital anomaly or
	63	+	10 intentional or unintentional disruption, the reproductive
	64	+	11 system that at some point produces, transports and utilizes
	65	+	12 eggs for fertilization;
	66	+	13
	67	+	14 (v) "Governmental entity" means the state,
	68	+	15 University of Wyoming or any local government;
	69	+	16
	70	+	17 (vi) "Inmate" means any person incarcerated in a
	71	+	18 county jail;
	72	+	19
	73	+	20 (vii) "Jail" means a county operated facility
	74	+	21 where adults are incarcerated or any county operated or
	75	+	22 managed youth facility where persons are placed under W.S.
	76	+	23 14-6-201 through 14-6-252; 2025STATE OF WYOMING25LSO-0225
	77	+	ENGROSSED
	78	+	4HB00721
	79	+	2 (viii) "Local government" means cities and
	80	+	3 towns, counties, school districts, joint powers boards,
	81	+	4 airport boards, public corporations, entities formed by a
	82	+	5 county memorial hospital, special hospital district, rural
	83	+	6 health care district or senior health care district that
	84	+	7 are wholly owned by one (1) or more governmental entities,
	85	+	8 community college districts, special districts and their
	86	+	9 governing bodies, all political subdivisions of the state,
	87	+	10 and their agencies, instrumentalities and institutions;
	88	+	11
	89	+	12 (ix) "Male" means a person who has, had, will
	90	+	13 have or would have had, but for a congenital anomaly or
	91	+	14 intentional or unintentional disruption, the reproductive
	92	+	15 system that at some point produces, transports and utilizes
	93	+	16 sperm for fertilization;
	94	+	17
	95	+	18 (x) "Public facility" means any building or
	96	+	19 facility owned, operated or leased by a governmental entity
	97	+	20 and shall include correctional facilities and educational
	98	+	21 facilities;
	99	+	22 2025STATE OF WYOMING25LSO-0225
	100	+	ENGROSSED
	101	+	5HB00721 (xi) "Public school" means a public school or
	102	+	2 charter school in Wyoming;
71	103		3
72		-	city or county jail where adults are incarcerated or
73		-	managed youth facility where persons are placed under W.S.
74		-	14-6-201 through 14-6-252;
75		-	(vii) "Male" means a person who has, had, will
76		-	have or would have had, but for a congenital anomaly or
77		-	intentional or unintentional disruption, the reproductive
78		-	system that at some point produces, transports and utilizes
79		-	sperm for fertilization;
80		-	(viii) "Public facility" means any building or
81		-	facility owned, operated or leased by a governmental entity
82		-	and shall include correctional facilities and educational
83		-	facilities. "Public facility" shall not include any
84		-	multi-occupancy changing area, restroom or sleeping
85		-	quarters located inside a space that a governmental entity
86		-	or public facility utilizes as a private residence or as
87		-	reservable commercial lodging;
88		-	(ix) "Restroom" means a room or facility that
89		-	includes one (1) or more toilets or urinals;
90		-	(x) "Sex" means a person's biological sex,
91		-	either male or female;
92		-	(xi) "Sleeping quarters" means an area with at
93		-	least one (1) bed or cot and in which more than one (1)
94		-	person is housed overnight.
95		-	9-25-102. Public facilities; changing areas
96		-	exclusively for members of a single sex.
97		-	(a) In each public facility: ORIGINAL HOUSE ENGROSSED
98		-	BILL NO. HB0072
99		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
100		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
101		-	2025 GENERAL SESSION
102		-	4(i) Every multi-occupancy changing area,
103		-	restroom and sleeping quarters shall be designated for use
104		-	exclusively by males or exclusively by females;
105		-	(ii) Every multi-occupancy changing area,
106		-	restroom and sleeping quarters designated for one (1) sex
107		-	shall be used only by members of that sex.
108		-	(b) In each public facility, no person shall enter a
109		-	changing area, restroom or sleeping quarters that is
110		-	designated for males or females unless the person is a
111		-	member of that sex.
112		-	(c) Nothing in this section shall be construed to
113		-	prohibit the administrator of a public facility from
114		-	providing a reasonable accommodation for a person. For
115		-	purposes of this subsection, a reasonable accommodation
116		-	shall not include access to a multi-occupancy changing
117		-	area, restroom, or sleeping quarters designated for the
118		-	opposite sex.
119		-	(d) Subsections (a) and (b) of this section shall not
120		-	apply to:
121		-	(i) Single-occupancy changing areas, restrooms
122		-	or sleeping quarters that are conspicuously designated for
123		-	unisex use;
124		-	(ii) An employee who enters the changing area,
125		-	restroom or sleeping quarters to clean, maintain or inspect
126		-	a changing area, restroom or sleeping quarters when the
127		-	changing area, restroom or sleeping quarters is not
128		-	occupied; ORIGINAL HOUSE ENGROSSED
129		-	BILL NO. HB0072
130		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
131		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
132		-	2025 GENERAL SESSION
133		-	5(iii) A person who enters a changing area,
134		-	restroom or sleeping quarters to render medical assistance
135		-	or caregiving assistance;
136		-	(iv) A person or employee who enters the
137		-	changing area, restroom or sleeping quarters while in the
138		-	performance of the person's or employee's official duties;
139		-	(v) Any time during an ongoing natural disaster
140		-	or emergency or when necessary to prevent a serious threat
141		-	to public health or safety;
142		-	(vi) Changing areas, restrooms or sleeping
143		-	quarters that have been temporarily designated for use by
144		-	that person's sex;
145		-	(vii) A coach and members of an athletic team or
146		-	activity that includes members of both the male and female
147		-	sexes present in a changing area or restroom during an
148		-	athletic activity, in accordance with all of the following:
149		-	(A) Another suitable changing area or
150		-	restroom is not available;
151		-	(B) The coach is the coach of an athletic
152		-	activity or team with members of both the male and female
153		-	sexes;
154		-	(C) All persons in the changing area or
155		-	restroom are fully clothed;
156		-	(D) If available, the coach shall be
157		-	accompanied by not less than one (1) additional adult at
158		-	all times in the changing area or restroom, provided that
159		-	an additional adult shall not be required if members of the ORIGINAL HOUSE ENGROSSED
160		-	BILL NO. HB0072
161		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
162		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
163		-	2025 GENERAL SESSION
	104	+	4 (xii) "Restroom" means a room or facility that
	105	+	5 includes one (1) or more toilets or urinals;
164	106		6
165		-	activity or team of both sexes are present in the changing
166		-	area or restroom.
167		-	(e) In each public facility, a person who, while
168		-	accessing a changing area or restroom designated for use by
169		-	the person's sex, encounters another person of the opposite
170		-	sex in the designated changing area or restroom shall have
171		-	a cause of action against the public facility that:
172		-	(i) Provided the other person permission to use
173		-	a changing area or restroom of the opposite sex; or
174		-	(ii) Failed to take reasonable steps to prohibit
175		-	the other person from using the changing area or restroom
176		-	of the opposite sex. Reasonable steps may include but are
177		-	not limited to posting appropriate signage and adopting
178		-	policies and procedures for the enforcement of the
179		-	provisions of this act.
180		-	(f) A person who is required by a correctional
181		-	facility to share sleeping quarters with another person of
182		-	the opposite sex shall have a cause of action against the
183		-	correctional facility.
184		-	(g) A person aggrieved under this section who
185		-	prevails in a cause of action brought under this section is
186		-	entitled to actual damages and may recover reasonable
187		-	attorney fees and costs from the governmental entity
188		-	operating the public facility.
189		-	9-25-103. Sex-designated changing areas and privacy
190		-	spaces in educational facilities.
191		-	(a) In each educational facility: ORIGINAL HOUSE ENGROSSED
192		-	BILL NO. HB0072
193		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
194		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
195		-	2025 GENERAL SESSION
196		-	7(i) Each multi-occupancy changing area, restroom
197		-	and sleeping quarters shall be designated by the
198		-	educational facility for use exclusively for males or
199		-	exclusively for females;
200		-	(ii) Every multi-occupancy changing area,
201		-	restroom and sleeping quarters designated for one (1) sex
202		-	shall be used only by members of that sex.
203		-	(b) In each educational facility, no person shall
204		-	enter a changing area that is designated for one (1) sex
205		-	unless that person is a member of that sex.
206		-	(c) Each educational facility that offers housing for
207		-	student residents shall provide students the option to be
208		-	housed only with persons of the same sex.
209		-	(d) During any activity or event authorized by an
210		-	educational facility where persons share sleeping quarters,
211		-	no person shall be required to share sleeping quarters with
212		-	a member of the opposite sex, unless all occupants of the
213		-	sleeping quarters are members of the same immediate family.
214		-	(e) In any other facility or setting in an
215		-	educational facility where a person may be in a state of
216		-	undress in the presence of others, the educational facility
217		-	shall provide separate, private changing areas designated
218		-	for use by persons based on their sex. Except as provided
219		-	by subsection (f) of this section, no person shall enter
220		-	these changing areas unless that person is a member of the
221		-	designated sex.
222		-	(f) This section shall not apply to: ORIGINAL HOUSE ENGROSSED
223		-	BILL NO. HB0072
224		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
225		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
226		-	2025 GENERAL SESSION
227		-	8(i) Single-occupancy changing areas, restrooms
228		-	or sleeping quarters that are conspicuously designated for
229		-	unisex or family use;
230		-	(ii) Changing areas, restrooms or sleeping
231		-	quarters that have been temporarily designated for use by
232		-	that person's sex;
233		-	(iii) A person of one (1) sex who uses a
234		-	single-sex changing area or restroom designated for the
235		-	opposite sex, if that single-sex changing area or restroom
236		-	is the only facility reasonably available at the time of
237		-	the person's use of the changing area or restroom and no
238		-	members of the opposite sex are present in the changing
239		-	area or restroom at that time;
240		-	(iv) A person employed to clean, maintain or
241		-	inspect a changing area, restroom or sleeping quarters when
242		-	the changing area, restroom or sleeping quarters is not
243		-	occupied;
244		-	(v) A person who enters a changing area,
245		-	restroom or sleeping quarters to render medical assistance
246		-	or caregiving assistance;
247		-	(vi) A person who is in need of assistance and,
248		-	for the purposes of receiving that assistance, is
249		-	accompanied by a family member, legal guardian or the
250		-	person's designee who is a member of the designated sex for
251		-	the single-sex changing area, restroom or sleeping
252		-	quarters;
253		-	(vii) Any time during an ongoing natural
254		-	disaster or emergency or when necessary to prevent a
255		-	serious threat to public health or student safety; ORIGINAL HOUSE ENGROSSED
256		-	BILL NO. HB0072
257		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
258		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
259		-	2025 GENERAL SESSION
	107	+	7 (xiii) "Sex" means a person's biological sex,
	108	+	8 either male or female;
260	109		9
261		-	(viii) A school official or employee who enters
262		-	the changing area, restroom or sleeping quarters while in
263		-	the performance of the official's or employee's official
264		-	duties and who takes reasonable steps to ensure that no
265		-	person in the room is in a state of undress;
266		-	(ix) A coach and members of an athletic team or
267		-	activity that includes members of both the male and female
268		-	sexes present in a changing area or restroom during an
269		-	athletic activity, in accordance with all of the following:
270		-	(A) Another suitable changing area or
271		-	restroom is not available;
272		-	(B) The coach is the coach of an athletic
273		-	activity or team with members of both the male and female
274		-	sexes;
275		-	(C) All persons in the changing area or
276		-	restroom are fully clothed;
277		-	(D) If available, the coach shall be
278		-	accompanied by not less than one (1) additional adult at
279		-	all times in the changing area or restroom, provided that
280		-	an additional adult shall not be required if members of the
281		-	activity or team of both sexes are present in the changing
282		-	area or restroom.
283		-	(g) Each educational facility shall provide a
284		-	reasonable accommodation to any person who is unwilling or
285		-	unable for any reason to use a changing area or restroom
286		-	designated for the person's sex and located within an
287		-	educational facility, or multi-occupancy sleeping quarters
288		-	while attending an activity sponsored by the educational ORIGINAL HOUSE ENGROSSED
289		-	BILL NO. HB0072
290		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
291		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
292		-	2025 GENERAL SESSION
	110	+	10 (xiv) "Sleeping quarters" means an area with at
	111	+	11 least one (1) bed or cot and in which more than one (1)
	112	+	12 person is housed overnight.
	113	+	13
	114	+	14
	115	+	15
	116	+	16
	117	+	17 (a) In each public facility:
	118	+	18
	119	+	19 (i) Every multi-occupancy changing area,
	120	+	20 restroom and sleeping quarters shall be designated for use
	121	+	21 exclusively by males or exclusively by females;
	122	+	22 2025STATE OF WYOMING25LSO-0225
	123	+	ENGROSSED
	124	+	6HB00721 (ii) Every multi-occupancy changing area,
	125	+	2 restroom and sleeping quarters designated for one (1) sex
	126	+	3 shall be used only by members of that sex.
	127	+	4
	128	+	5 (b) No person shall enter a changing area, restroom
	129	+	6 or sleeping quarters that is designated for males or
	130	+	7 females unless the person is a member of that sex.
	131	+	8
	132	+	9 (c) Nothing in this section shall be construed to
	133	+	10 prohibit the administrator of a public facility from
	134	+	11 providing a reasonable accommodation for a person. For
	135	+	12 purposes of this subsection, a reasonable accommodation
	136	+	13 shall not include access to a multi-occupancy changing
	137	+	14 area, restroom, or sleeping quarters designated for the
	138	+	15 opposite sex.
	139	+	16
	140	+	17 (d) Subsections (a) and (b) of this section shall not
	141	+	18 apply to:
	142	+	19
	143	+	20 (i) Single-occupancy changing areas, restrooms
	144	+	21 or sleeping quarters that are conspicuously designated for
	145	+	22 unisex use;
	146	+	23 2025STATE OF WYOMING25LSO-0225
	147	+	ENGROSSED
	148	+	7HB00721 (ii) An employee who enters the changing area,
	149	+	2 restroom or sleeping quarters to clean, maintain or inspect
	150	+	3 a changing area, restroom or sleeping quarters when the
	151	+	4 changing area, restroom or sleeping quarters is not
	152	+	5 occupied;
	153	+	6
	154	+	7 (iii) A person who enters a changing area,
	155	+	8 restroom or sleeping quarters to render medical assistance
	156	+	9 or caregiving assistance;
293	157		10
294		-	facility, and who makes a written request to the
295		-	educational facility for the reasonable accommodation. A
296		-	reasonable accommodation granted under this subsection
297		-	shall not include access to a changing area, restroom or
298		-	sleeping quarters that is designated for use by members of
299		-	the opposite sex while persons of the opposite sex are
300		-	present or could be present.
301		-	(h) In each educational facility, any person who,
302		-	while accessing a changing area, restroom or sleeping
303		-	quarters designated for use by the person's sex, encounters
304		-	a person of the opposite sex may bring a cause of action
305		-	for declaratory and injunctive relief against the
306		-	educational facility if:
307		-	(i) The educational facility gave that person
308		-	permission to use the changing area or restroom of the
309		-	opposite sex; or
310		-	(ii) The educational facility failed to take
311		-	reasonable steps to prohibit that person from using the
312		-	changing area or restroom of the opposite sex.
313		-	(j) A person who is required by the educational
314		-	facility to share sleeping quarters with a person of the
315		-	opposite sex shall have a private cause of action for
316		-	declaratory and injunctive relief against the educational
317		-	facility.
318		-	(k) Any action initiated under subsections (h) or (j)
319		-	of this section shall be in accordance with all of the
320		-	following: ORIGINAL HOUSE ENGROSSED
321		-	BILL NO. HB0072
322		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
323		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
324		-	2025 GENERAL SESSION
325		-	11(i) Any civil action shall be brought not later
326		-	than four (4) years after the event creating the cause of
327		-	action has occurred;
328		-	(ii) Any person who prevails in an action
329		-	brought under subsections (h) or (j) of this section may
330		-	recover from the educational facility five thousand dollars
331		-	($5,000.00) for each instance that the person encountered a
332		-	person of the opposite sex while accessing a changing area,
333		-	restroom or sleeping quarters designated for use by the
334		-	person's sex;
335		-	(iii) The person may also recover monetary
336		-	damages from the educational facility for all harm
337		-	suffered;
338		-	(iv) Any person who prevails in an action
339		-	brought under subsections (h) or (j) of this section shall
340		-	be entitled to recover reasonable attorney fees and costs
341		-	from the educational facility;
342		-	(v) Nothing in this section shall limit any
343		-	other remedy of law or equity available to the person
344		-	against the educational facility.
345		-	Section 2. W.S. 1-39-104(a) is amended to read:
346		-	1-39-104. Granting immunity from tort liability;
347		-	liability on contracts; exceptions.
348		-	(a) A governmental entity and its public employees
349		-	while acting within the scope of duties are granted
350		-	immunity from liability for any tort except as provided by
351		-	W.S. 1-39-105 through 1-39-112, 1-39-122
352		-	1-39-123 . Any immunity in actions based on a ORIGINAL HOUSE ENGROSSED
353		-	BILL NO. HB0072
354		-	ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES
355		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
356		-	2025 GENERAL SESSION
	158	+	11 (iv) A person or employee who enters the
	159	+	12 changing area, restroom or sleeping quarters while in the
	160	+	13 performance of the person's or employee's official duties;
	161	+	14
	162	+	15 (v) Any time during an ongoing natural disaster
	163	+	16 or emergency or when necessary to prevent a serious threat
	164	+	17 to public health or safety;
	165	+	18
	166	+	19 (vi) Changing areas, restrooms or sleeping
	167	+	20 quarters that have been temporarily designated for use by
	168	+	21 that person's sex.
	169	+	22 2025STATE OF WYOMING25LSO-0225
	170	+	ENGROSSED
	171	+	8HB00721 (e) A person who, while accessing a changing area or
	172	+	2 restroom designated for use by the person's sex, encounters
	173	+	3 another person of the opposite sex in the designated
	174	+	4 changing area or restroom shall have a cause of action
	175	+	5 against the public facility that:
	176	+	6
	177	+	7 (i) Provided the other person permission to use
	178	+	8 a changing area or restroom of the opposite sex; or
	179	+	9
	180	+	10 (ii) Failed to take reasonable steps to prohibit
	181	+	11 the other person from using the changing area or restroom
	182	+	12 of the opposite sex. Reasonable steps may include but are
	183	+	13 not limited to posting appropriate signage and adopting
	184	+	14 policies and procedures for the enforcement of the
	185	+	15 provisions of this act.
	186	+	16
	187	+	17 (f) A person who is required by a correctional
	188	+	18 facility to share sleeping quarters with another person of
	189	+	19 the opposite sex shall have a cause of action against the
	190	+	20 correctional facility.
	191	+	21
	192	+	22 (g) A person aggrieved under this section who
	193	+	23 prevails in a cause of action brought under this section is 2025STATE OF WYOMING25LSO-0225
	194	+	ENGROSSED
	195	+	9HB0072
	196	+	1 entitled to actual damages and may recover reasonable
	197	+	2 attorney fees and costs from the governmental entity
	198	+	3 operating the public facility.
	199	+	4
	200	+	5
	201	+	6
	202	+	7
	203	+	8 (a) In each educational facility:
	204	+	9
	205	+	10 (i) Each multi-occupancy changing area, restroom
	206	+	11 and sleeping quarters shall be designated by the
	207	+	12 educational facility for use exclusively for males or
	208	+	13 exclusively for females;
	209	+	14
	210	+	15 (ii) Every multi-occupancy changing area,
	211	+	16 restroom and sleeping quarters designated for one (1) sex
	212	+	17 shall be used only by members of that sex.
	213	+	18
	214	+	19 (b) No person shall enter a changing area that is
	215	+	20 designated for one (1) sex unless that person is a member
	216	+	21 of that sex.
	217	+	22 2025STATE OF WYOMING25LSO-0225
	218	+	ENGROSSED
	219	+	10HB00721 (c) Each educational facility that offers housing for
	220	+	2 student residents shall provide students the option to be
	221	+	3 housed only with persons of the same sex.
	222	+	4
	223	+	5 (d) During any activity or event authorized by an
	224	+	6 educational facility where persons share sleeping quarters,
	225	+	7 no person shall be required to share sleeping quarters with
	226	+	8 a member of the opposite sex, unless all occupants of the
	227	+	9 sleeping quarters are members of the same immediate family.
	228	+	10
	229	+	11 (e) In any other facility or setting in an
	230	+	12 educational facility where a person may be in a state of
	231	+	13 undress in the presence of others, the educational facility
	232	+	14 shall provide separate, private changing areas designated
	233	+	15 for use by persons based on their sex. Except as provided
	234	+	16 by subsection (f) of this section, no person shall enter
	235	+	17 these changing areas unless that person is a member of the
	236	+	18 designated sex.
	237	+	19
	238	+	20 (f) This section shall not apply to:
	239	+	21 2025STATE OF WYOMING25LSO-0225
	240	+	ENGROSSED
	241	+	11HB00721 (i) Single-occupancy changing areas, restrooms
	242	+	2 or sleeping quarters that are conspicuously designated for
	243	+	3 unisex or family use;
	244	+	4
	245	+	5 (ii) Changing areas, restrooms or sleeping
	246	+	6 quarters that have been temporarily designated for use by
	247	+	7 that person's sex;
	248	+	8
	249	+	9 (iii) A person of one (1) sex who uses a
	250	+	10 single-sex changing area or restroom designated for the
	251	+	11 opposite sex, if that single-sex changing area or restroom
	252	+	12 is the only facility reasonably available at the time of
	253	+	13 the person's use of the changing area or restroom and no
	254	+	14 members of the opposite sex are present in the changing
	255	+	15 area or restroom at that time;
	256	+	16
	257	+	17 (iv) A person employed to clean, maintain or
	258	+	18 inspect a changing area, restroom or sleeping quarters when
	259	+	19 the changing area, restroom or sleeping quarters is not
	260	+	20 occupied;
	261	+	21 2025STATE OF WYOMING25LSO-0225
	262	+	ENGROSSED
	263	+	12HB00721 (v) A person who enters a changing area,
	264	+	2 restroom or sleeping quarters to render medical assistance
	265	+	3 or caregiving assistance;
	266	+	4
	267	+	5 (vi) A person who is in need of assistance and,
	268	+	6 for the purposes of receiving that assistance, is
	269	+	7 accompanied by a family member, legal guardian or the
	270	+	8 person's designee who is a member of the designated sex for
	271	+	9 the single-sex changing area, restroom or sleeping
	272	+	10 quarters;
	273	+	11
	274	+	12 (vii) Any time during an ongoing natural
	275	+	13 disaster or emergency or when necessary to prevent a
	276	+	14 serious threat to public health or student safety;
	277	+	15
	278	+	16 (viii) A school official or employee who enters
	279	+	17 the changing area, restroom or sleeping quarters while in
	280	+	18 the performance of the official's or employee's official
	281	+	19 duties and who takes reasonable steps to ensure that no
	282	+	20 person in the room is in a state of undress.
	283	+	21
	284	+	22 (g) Each educational facility shall provide a
	285	+	23 reasonable accommodation to any person who is unwilling or 2025STATE OF WYOMING25LSO-0225
	286	+	ENGROSSED
	287	+	13HB0072
	288	+	1 unable for any reason to use a changing area or restroom
	289	+	2 designated for the person's sex and located within an
	290	+	3 educational facility, or multi-occupancy sleeping quarters
	291	+	4 while attending an activity sponsored by the educational
	292	+	5 facility, and who makes a written request to the public
	293	+	6 school for the reasonable accommodation. A reasonable
	294	+	7 accommodation granted under this subsection shall not
	295	+	8 include access to a changing area, restroom or sleeping
	296	+	9 quarters that is designated for use by members of the
	297	+	10 opposite sex while persons of the opposite sex are present
	298	+	11 or could be present.
357	299		12
358		-	contract entered into by a governmental entity is waived
359		-	except to the extent provided by the contract if the
360		-	contract was within the powers granted to the entity and
361		-	was properly executed and except as provided in W.S.
362		-	1-39-120(b). The claims procedures of W.S. 1-39-113 apply
363		-	to contractual claims against governmental entities.
364		-	Section 3. This act is effective July 1, 2025.
365		-	(END)
366		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
367		-	I hereby certify that this act originated in the House.
368		-	Chief Clerk
	300	+	13 (h) Any person who, while accessing a changing area,
	301	+	14 restroom or sleeping quarters designated for use by the
	302	+	15 person's sex, encounters a person of the opposite sex may
	303	+	16 bring a cause of action for declaratory and injunctive
	304	+	17 relief against the educational facility if:
	305	+	18
	306	+	19 (i) The educational facility gave that person
	307	+	20 permission to use the changing area or restroom of the
	308	+	21 opposite sex; or
	309	+	22 2025STATE OF WYOMING25LSO-0225
	310	+	ENGROSSED
	311	+	14HB00721 (ii) The educational facility failed to take
	312	+	2 reasonable steps to prohibit that person from using the
	313	+	3 changing area or restroom of the opposite sex.
	314	+	4
	315	+	5 (j) A person who is required by the educational
	316	+	6 facility to share sleeping quarters with a person of the
	317	+	7 opposite sex shall have a private cause of action for
	318	+	8 declaratory and injunctive relief against the educational
	319	+	9 facility.
	320	+	10
	321	+	11 (k) Any action initiated under subsections (h) or (j)
	322	+	12 of this section shall be in accordance with all of the
	323	+	13 following:
	324	+	14
	325	+	15 (i) Any civil action shall be brought not later
	326	+	16 than four (4) years after the event creating the cause of
	327	+	17 action has occurred;
	328	+	18
	329	+	19 (ii) Any person who prevails in an action
	330	+	20 brought under subsections (h) or (j) of this section may
	331	+	21 recover from the educational facility five thousand dollars
	332	+	22 ($5,000.00) for each instance that the person encountered a
	333	+	23 person of the opposite sex while accessing a changing area, 2025STATE OF WYOMING25LSO-0225
	334	+	ENGROSSED
	335	+	15HB0072
	336	+	1 restroom or sleeping quarters designated for use by the
	337	+	2 person's sex;
	338	+	3
	339	+	4 (iii) The person may also recover monetary
	340	+	5 damages from the educational facility for all harm
	341	+	6 suffered;
	342	+	7
	343	+	8 (iv) Any person who prevails in an action
	344	+	9 brought under subsections (h) or (j) of this section shall
	345	+	10 be entitled to recover reasonable attorney fees and costs
	346	+	11 from the educational facility;
	347	+	12
	348	+	13 (v) Nothing in this section shall limit any
	349	+	14 other remedy of law or equity available to the person
	350	+	15 against the educational facility.
	351	+	16
	352	+	17
	353	+	18
	354	+	19
	355	+	20 (a) In each jail:
	356	+	21 2025STATE OF WYOMING25LSO-0225
	357	+	ENGROSSED
	358	+	16HB0072
	359	+	1 (i) Every shower room, sleeping quarters and
	360	+	2 restroom shall be designated for use exclusively by males
	361	+	3 or exclusively by females;
	362	+	4
	363	+	5 (ii) Every shower room, sleeping quarters and
	364	+	6 restroom designated for one (1) sex shall be used only by
	365	+	7 inmates of that sex;
	366	+	8
	367	+	9 (iii) Every shower room, sleeping quarters and
	368	+	10 restroom may be redesignated if all inmates of the opposite
	369	+	11 sex vacate the area and the jail provides notice to all
	370	+	12 employees.
	371	+	13
	372	+	14 (b) No inmate shall be placed in a shower room,
	373	+	15 sleeping quarters or restroom that is designated for males
	374	+	16 or females unless the inmate is a member of that sex or all
	375	+	17 members of the opposite sex have been moved to prohibit any
	376	+	18 visual contact of the person of the opposite sex.
	377	+	19
	378	+	20 (c) Nothing in this section shall prohibit a jail
	379	+	21 employee from entering shower rooms, sleeping quarters or
	380	+	22 restrooms under one (1) or more of the following
	381	+	23 circumstances: 2025STATE OF WYOMING25LSO-0225
	382	+	ENGROSSED
	383	+	17HB0072
	384	+	1
	385	+	2 (i) If a jail employee is performing the
	386	+	3 employee's duties;
	387	+	4
	388	+	5 (ii) If there is a disaster or terroristic
	389	+	6 attack;
	390	+	7
	391	+	8 (iii) If it is necessary for the safety and
	392	+	9 security of the jail; or
	393	+	10
	394	+	11 (iv) If it is necessary for a jail employee to
	395	+	12 establish order or discipline.
	396	+	13
	397	+	14 (d) No jail shall be required to clearly post signage
	398	+	15 indicating the designations for one (1) sex on entry points
	399	+	16 of shower rooms, sleeping quarters or restrooms if jail
	400	+	17 employees and inmates are readily aware of the designation
	401	+	18 for one (1) sex.
	402	+	19
	403	+	20 (e) An inmate placed or expressly allowed by a jail
	404	+	21 employee to enter a shower room, sleeping quarter or
	405	+	22 restroom when other inmates of the opposite sex are present
	406	+	23 shall have a cause of action against the jail provided the 2025STATE OF WYOMING25LSO-0225
	407	+	ENGROSSED
	408	+	18HB0072
	409	+	1 inmate provides notice to a jail employee of an allegation
	410	+	2 to allow all video and audio recordings in support of the
	411	+	3 claim to be retained. A civil action initiated under this
	412	+	4 subsection shall be brought not later than one (1) year
	413	+	5 after the violation occurred.
	414	+	6
	415	+	7 (f) An inmate not easily identifiable as male or
	416	+	8 female may be administratively segregated for the safety
	417	+	9 and security of the inmate and other inmates. An inmate who
	418	+	10 is administratively segregated under this subsection may be
	419	+	11 temporarily allowed in a shower room, sleeping quarters or
	420	+	12 restroom regardless of designation if the inmate is under
	421	+	13 the direct control of a jail employee and there are no
	422	+	14 other shower rooms, sleeping quarters or restrooms
	423	+	15 designated for single occupancy use. An inmate using a
	424	+	16 shower room, sleeping quarters or restroom under this
	425	+	17 subsection shall be shielded from visual contact of other
	426	+	18 inmates who are also using the shower room, sleeping
	427	+	19 quarters or restroom.
	428	+	20
	429	+	21 (g) Nothing in this section shall prohibit an inmate
	430	+	22 or jail from using any remedies afforded under the Prison 2025STATE OF WYOMING25LSO-0225
	431	+	ENGROSSED
	432	+	19HB0072
	433	+	1 Litigation Reduction Act to resolve any violations of this
	434	+	2 section.
	435	+	3
	436	+	4W.S. 1-39-104(a) is amended to read:
	437	+	5
	438	+	6
	439	+	7
	440	+	8
	441	+	9 (a) A governmental entity and its public employees
	442	+	10 while acting within the scope of duties are granted
	443	+	11 immunity from liability for any tort except as provided by
	444	+	12 W.S. 1-39-105 through 1-39-112, 1-39-122
	445	+	13. Any immunity in actions based on a
	446	+	14 contract entered into by a governmental entity is waived
	447	+	15 except to the extent provided by the contract if the
	448	+	16 contract was within the powers granted to the entity and
	449	+	17 was properly executed and except as provided in W.S.
	450	+	18 1-39-120(b). The claims procedures of W.S. 1-39-113 apply
	451	+	19 to contractual claims against governmental entities.
	452	+	20
	453	+	21. This act is effective July 1, 2025
	454	+	22
	455	+	23 (END)