HB1259 has advanced to the Senate floor with a do pass recommendation. The proposed legislation regulates access to public restrooms and has sparked protests across the state.
If passed, the bill would regulate and prohibit quote “unauthorized bathroom usage” in all state-owned buildings and provide a penalty for violators.
The prime Sponsor is Aberdeen Republican Rep. Brandei Schaefbauer.
“I believe this bill will protect women and girls, actually everybody, men and boys, in their private spaces," Schaefbauer said. "It will also give some guidelines to schools that, they don’t have any. Nobody has a policy they can turn to. That’s why I’m hoping this gives schools directions, it also gives students and families recourse when schools won’t hear their concerns.”
Schaefbauer referred to a case involving one South Dakota school district as justification for the bill. Reports say a gender nonconforming student was making students uncomfortable in bathrooms. That incident did occur, and that family did testify in favor of the bill at the most recent hearing.
However improper behaviors, think stalking, assault, and murder, are still illegal whether they take place in a bathroom or not. Schaefbauer said her bill is adding another layer of pressure.
“This bill gives someone a recourse," Schaefbauer said. "It gives them a private cause of action to seek some damages, that’s what this bill does. If someone is going into a private space and harassing, yes, I know that is already against the law, but if they’re going in and being annoying, is that really harassing?”
The bill has faced steep opposition across the state. Some are concerned about potential legal ramifications of implementation of the bill, others see it as an unenforceable law, and others are protesting the bill as a symptom of transphobia.
If approved by the Senate, it only requires the governors’ signature to become law. A similar bill was passed in 2016 but was ultimately vetoed by then-governor Dennis Daugaard.