Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 730
Introduced by Kauth, 31.
Read first time January 07, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to public health and welfare; to define terms;1
to require public schools, public postsecondary educational2
institutions, and state agencies to designate restrooms and locker3
rooms based on sex and prohibit use by the opposite sex as4
prescribed; and to require each state agency to define an5
individuals sex as either male or female for purposes of rules and6
regulations, the enforcement of administrative actions, and the7
adjudication of disputes as prescribed. 8
Be it enacted by the people of the State of Nebraska,9
LB730
2026
LB730
2026
-1-
Section 1. (1) For purposes of this section: 1
(a) Boy means an adolescent human male; 2
(b) Designate means to post signage or otherwise provide indication3
at or near the entrance to the restroom or locker room that is readily4
visible and states that the restroom or locker room is designated as one5
of the following: For use by females, for use by males, single occupancy,6
or for use by families; 7
(c) Female means an individual who naturally has, had, will have, or8
would have, but for a congenital anomaly or intentional or unintentional9
disruption, the reproductive system that at some point produces,10
transports, and utilizes eggs for fertilization. Female includes a woman11
and a girl; 12
(d) Girl means an adolescent human female; 13
(e) Male means an individual who naturally has, had, will have, or14
would have, but for a congenital anomaly or intentional or unintentional15
disruption, the reproductive system that at some point produces,16
transports, and utilizes sperm for fertilization. Male includes a man and17
a boy; 18
(f) Man means an adult human male; 19
(g) Public school means any public school offering instruction in20
elementary or high school grades; 21
(h) Sex means an individual's sex, either male or female; and22
(i) Woman means an adult human female. 23
(2) The governing body of a public school shall designate each group24
restroom within each school building as one of the following: For use by25
females, for use by males, single occupancy, or for use by families.26
(3)(a) Except as provided in subdivision (3)(b) of this section, the27
governing body of a public school shall not: 28
(i) Allow a male to use a restroom designated for use by females; or29
(ii) Allow a female to use a restroom designated for use by males.30
(b) This subsection shall not apply to: 31
LB730
2026
LB730
2026
-2-
(i) An individual entering a restroom under the following1
circumstances: 2
(A) Entrance for custodial, maintenance, or inspection purposes so3
long as such individual takes reasonable steps to ensure that no4
individual of the opposite sex is in a state of undress prior to entering5
the restroom; or 6
(B) Entrance to render emergency assistance; or7
(ii) A parent or caregiver bringing a minor child or an individual8
with a disability that is of the opposite sex of such parent or caregiver9
into a restroom designated for such parent's or caregiver's sex.10
(4) The governing body of a public school shall designate each11
locker room within each school building as one of the following: For use12
by females, for use by males, or single occupancy.13
(5)(a) Except as provided in subdivision (5)(b) of this section, the14
governing body of a public school shall not: 15
(i) Allow a male to enter or use a locker room designated for and16
being used at such time by one or more females; or17
(ii) Allow a female to enter or use a locker room designated for and18
being used at such time by one or more males. 19
(b) This subsection shall not apply to an individual entering a20
locker room under the following circumstances: 21
(i) Entrance for custodial, maintenance, or inspection purposes so22
long as such individual takes reasonable steps to ensure that no23
individual of the opposite sex is in a state of undress prior to entering24
the locker room; 25
(ii) Entrance to render emergency assistance; or26
(iii) Entrance by a coach, athletic trainer, or other authorized27
official or school employee so long as such individual takes reasonable28
steps to ensure that no individual of the opposite sex is in a state of29
undress prior to entering the locker room. 30
(6) An individual born with a diagnosis of a disorder or difference31
LB730
2026
LB730
2026
-3-
in sex development shall have the relevant legal protections and1
accommodations afforded under the federal Americans with Disabilities Act2
of 1990, as amended. 3
(7)(a) The governing body of each public school shall adopt a policy4
implementing this section. Such policy shall include provisions regarding5
the conduct of visitors and the public. 6
(b) The governing body of a public school or any official or7
employee of a public school shall not retaliate against any individual8
for reporting in good faith a violation of this section or related rules,9
regulations, or policies. 10
Sec. 2. (1) For purposes of this section: 11
(a) Boy means an adolescent human male; 12
(b) Designate means to post signage or otherwise provide indication13
at or near the entrance to the restroom or locker room that is readily14
visible and states that the restroom or locker room is designated as one15
of the following: For use by females, for use by males, single occupancy,16
or for use by families; 17
(c) Female means an individual who naturally has, had, will have, or18
would have, but for a congenital anomaly or intentional or unintentional19
disruption, the reproductive system that at some point produces,20
transports, and utilizes eggs for fertilization. Female includes a woman21
and a girl; 22
(d) Girl means an adolescent human female; 23
(e) Male means an individual who naturally has, had, will have, or24
would have, but for a congenital anomaly or intentional or unintentional25
disruption, the reproductive system that at some point produces,26
transports, and utilizes sperm for fertilization. Male includes a man and27
a boy; 28
(f) Man means an adult human male; 29
(g) Postsecondary educational institution means a university,30
college, or community college located in Nebraska that is a member31
LB730
2026
LB730
2026
-4-
institution of an accrediting body recognized by the United States1
Department of Education; 2
(h) Sex means an individual's sex, either male or female; and3
(i) Woman means an adult human female. 4
(2) The governing body of a public postsecondary educational5
institution shall designate each group restroom within each school6
building as one of the following: For use by females, for use by males,7
single occupancy, or for use by families. 8
(3)(a) Except as provided in subdivision (3)(b) of this section, the9
governing body of a public postsecondary educational institution shall10
not: 11
(i) Allow a male to use a restroom designated for use by females; or12
(ii) Allow a female to use a restroom designated for use by males.13
(b) This subsection shall not apply to: 14
(i) An individual entering a restroom under the following15
circumstances: 16
(A) Entrance for custodial, maintenance, or inspection purposes so17
long as such individual takes reasonable steps to ensure that no18
individual of the opposite sex is in a state of undress prior to entering19
the restroom; or 20
(B) Entrance to render emergency assistance; or21
(ii) A parent or caregiver bringing a minor child or an individual22
with a disability that is of the opposite sex of such parent or caregiver23
into a restroom designated for such parent's or caregiver's sex.24
(4) The governing body of a public postsecondary educational25
institution shall designate each locker room within each school building26
as one of the following: For use by females, for use by males, or single27
occupancy. 28
(5)(a) Except as provided in subdivision (5)(b) of this section, the29
governing body of a public postsecondary educational institution shall30
not: 31
LB730
2026
LB730
2026
-5-
(i) Allow a male to enter or use a locker room designated for and1
being used at such time by one or more females; or 2
(ii) Allow a female to enter or use a locker room designated for and3
being used at such time by one or more males. 4
(b) This subsection shall not apply to an individual entering a5
locker room under the following circumstances: 6
(i) Entrance for custodial, maintenance, or inspection purposes so7
long as such individual takes reasonable steps to ensure that no8
individual of the opposite sex is in a state of undress prior to entering9
the locker room; 10
(ii) Entrance to render emergency assistance; or11
(iii) Entrance by a coach, athletic trainer, or other authorized12
official or school employee so long as such individual takes reasonable13
steps to ensure that no individual of the opposite sex is in a state of14
undress prior to entering the locker room. 15
(6) An individual born with a diagnosis of a disorder or difference16
in sex development shall have the relevant legal protections and17
accommodations afforded under the federal Americans with Disabilities Act18
of 1990, as amended. 19
(7)(a) The governing body of each public postsecondary educational20
institution shall adopt a policy implementing this section. Such policy21
shall include provisions regarding the conduct of visitors and the22
public. 23
(b) The governing body of a public postsecondary educational24
institution or any official or employee of a public postsecondary25
educational institution shall not retaliate against any individual for26
reporting in good faith a violation of this section or related rules,27
regulations, or policies. 28
Sec. 3. (1) For purposes of this section: 29
(a) Boy means an adolescent human male; 30
(b) Designate means to post signage or otherwise provide indication31
LB730
2026
LB730
2026
-6-
at or near the entrance to the restroom or locker room that is readily1
visible and states that the restroom or locker room is designated as one2
of the following: For use by females, for use by males, single occupancy,3
or for use by families; 4
(c) Female means an individual who naturally has, had, will have, or5
would have, but for a congenital anomaly or intentional or unintentional6
disruption, the reproductive system that at some point produces,7
transports, and utilizes eggs for fertilization. Female includes a woman8
and a girl; 9
(d) Girl means an adolescent human female; 10
(e) Male means an individual who naturally has, had, will have, or11
would have, but for a congenital anomaly or intentional or unintentional12
disruption, the reproductive system that at some point produces,13
transports, and utilizes sperm for fertilization. Male includes a man and14
a boy; 15
(f) Man means an adult human male; 16
(g) Sex means an individual's sex, either male or female;17
(h) State agency means any department, agency, board, bureau, or18
commission of the state or any other entity whose primary function is to19
act as an instrumentality or agency of the state; and20
(i) Woman means an adult human female. 21
(2) A state agency shall designate each group restroom within any22
facility owned by the state as one of the following: For use by females,23
for use by males, single occupancy, or for use by families.24
(3)(a) Except as provided in subdivision (3)(b) of this section, a25
state agency shall not: 26
(i) Allow a male to use a restroom designated for use by females; or27
(ii) Allow a female to use a restroom designated for use by males.28
(b) This subsection shall not apply to: 29
(i) An individual entering a restroom under the following30
circumstances: 31
LB730
2026
LB730
2026
-7-
(A) Entrance for custodial, maintenance, or inspection purposes so1
long as such individual takes reasonable steps to ensure that no2
individual of the opposite sex is in a state of undress prior to entering3
the restroom; or 4
(B) Entrance to render emergency assistance; or5
(ii) A parent or caregiver bringing a minor child or an individual6
with a disability that is of the opposite sex of such parent or caregiver7
into a restroom designated for such parent's or caregiver's sex.8
(4) A state agency shall designate each locker room within each9
facility owned by the state as one of the following: For use by females,10
for use by males, or single occupancy. 11
(5)(a) Except as provided in subdivision (5)(b) of this section, a12
state agency shall not: 13
(i) Allow a male to enter or use a locker room designated for and14
being used at such time by one or more females; or15
(ii) Allow a female to enter or use a locker room designated for and16
being used at such time by one or more males. 17
(b) This subsection shall not apply to an individual entering a18
locker room under the following circumstances: 19
(i) Entrance for custodial, maintenance, or inspection purposes so20
long as such individual takes reasonable steps to ensure that no21
individual of the opposite sex is in a state of undress prior to entering22
the locker room; 23
(ii) Entrance to render emergency assistance; or24
(iii) Entrance by an authorized individual so long as such25
individual takes reasonable steps to ensure that no individual of the26
opposite sex is in a state of undress prior to entering the locker room.27
(6) An individual born with a diagnosis of a disorder or difference28
in sex development shall have the relevant legal protections and29
accommodations afforded under the federal Americans with Disabilities Act30
of 1990, as amended. 31
LB730
2026
LB730
2026
-8-
Sec. 4. Each state agency in the adoption and promulgation of1
administrative rules and regulations, the enforcement of administrative2
decisions, and the adjudication of disputes by administrative agencies3
shall define an individual's sex as either a male or female.4
LB730
2026
LB730
2026
-9-