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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
546
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
RESTROOM
ACCESS
ACT;
AMENDING
TITLE
48,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
CHAPTER
21,
TITLE
48,
IDAHO
CODE,
TO
PROVIDE
A
SHORT
3
TITLE,
TO
DEFINE
TERMS,
TO
PROVIDE
FOR
CERTAIN
CUSTOMER
ACCESS
TO
RE
-
4
STROOM
FACILITIES,
TO
PROVIDE
A
LIMITATION
OF
LIABILITY,
AND
TO
PROVIDE
5
FOR
VIOLATIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
6
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Title
48,
Idaho
Code,
be,
and
the
same
is
hereby
amended
9
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
10
ter
21,
Title
48,
Idaho
Code,
and
to
read
as
follows:
1
1
CHAPTER
21
12
RESTROOM
ACCESS
ACT
13
48
-
2101.
SHORT
TITLE.
This
act
may
be
known
and
may
be
cited
as
the
"Re
-
14
stroom
Access
Act."
15
48
-
2102.
DEFINITIONS.
For
purposes
of
this
chapter:
16
(1)
"Customer"
means
an
individual
who
is
lawfully
on
the
premises
of
a
17
retail
establishment.
18
(2)
"Eligible
medical
condition"
means
Crohn's
disease,
ulcerative
19
colitis,
any
other
inflammatory
bowel
disease,
irritable
bowel
syndrome,
20
or
any
other
medical
condition
that
requires
immediate
access
to
a
restroom
21
facility.
22
(3)
"Retail
establishment"
means
a
place
of
business
open
to
the
gen
-
23
eral
public
for
the
sale
of
goods
or
services.
Retail
establishment
does
not
24
include
a
filling
station
or
service
station
with
a
structure
of
eight
hun
-
25
dred
(800)
square
feet
or
less
that
has
an
employee
restroom
facility
located
26
within
that
structure.
27
48
-
2103.
RETAIL
ESTABLISHMENTS
-
-
CUSTOMER
ACCESS
TO
RESTROOM
FACILI
-
28
TIES.
A
retail
establishment
that
has
a
restroom
facility
for
its
employees
29
shall
allow
a
customer
to
use
that
facility
during
normal
business
hours
if
30
all
of
the
following
conditions
are
met:
31
(1)
The
customer
requesting
the
use
of
the
employee
restroom
facility
32
suffers
from
an
eligible
medical
condition,
as
defined
in
section
48
-
2102,
33
Idaho
Code,
or
uses
an
ostomy
device,
provided
that
the
existence
of
the
con
-
34
dition
or
device
is
documented
in
writing
by
the
customer's
physician
or
a
35
nonprofit
organization
whose
purpose
includes
serving
individuals
who
suf
-
36
fer
from
the
condition.
When
requesting
access
to
an
employee
restroom
fa
-
37
cility,
a
customer
shall
present
to
an
employee
of
the
retail
establishment
38
proof
of
an
eligible
medical
condition;
39
2
(2)
Three
(3)
or
more
employees
of
the
retail
establishment
are
working
1
at
the
time
the
customer
requests
use
of
the
employee
restroom
facility;
2
(3)
The
retail
establishment
does
not
normally
make
a
restroom
avail
-
3
able
to
the
public;
4
(4)
The
employee
restroom
facility
is
reasonably
safe
and
not
located
5
in
an
area
where
providing
access
would
create
an
obvious
health
or
safety
6
risk
to
the
customer
or
an
obvious
security
risk
to
the
establishment;
and
7
(5)
A
public
restroom
is
not
immediately
accessible
to
the
customer.
8
48
-
2104.
LIMITATION
OF
LIABILITY.
(1)
A
retail
establishment
or
an
em
-
9
ployee
of
a
retail
establishment
is
not
civilly
liable
for
an
act
or
omission
10
in
allowing
a
customer
who
claims
to
have
an
eligible
medical
condition
to
1
1
use
an
employee
restroom
facility
that
is
not
a
public
restroom
if
the
act
or
12
omission:
13
(a)
Is
not
negligent;
14
(b)
Occurs
in
an
area
of
the
retail
establishment
that
is
not
accessible
15
to
the
public;
and
16
(c)
Results
in
an
injury
to
or
death
of
the
customer
or
an
individual
17
other
than
an
employee
accompanying
the
customer.
18
(2)
This
chapter
does
not
require
a
retail
establishment
to
make
any
19
physical
changes
to
an
employee
restroom
facility.
20
48
-
2105.
VIOLATIONS.
A
retail
establishment
or
an
employee
of
a
retail
21
establishment
that
violates
the
provisions
of
section
48
-
2103,
Idaho
Code,
22
commits
a
misdemeanor
and
shall
be
subject
to
a
fine
of
no
more
than
fifty
23
dollars
($50.00).
24
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
25
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
26
July
1,
2026.
27