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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.
607
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
PRIVACY
AND
SAFETY
IN
RESTROOMS
AND
CHANGING
FACILITIES;
AMEND
-
2
ING
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
CHAPTER
48,
TITLE
3
67,
IDAHO
CODE,
TO
PROVIDE
LEGISLATIVE
FINDINGS,
TO
DEFINE
TERMS,
4
TO
ESTABLISH
PROVISIONS
REGARDING
GOVERNMENT
BUILDING
RESTROOMS
AND
5
CHANGING
FACILITIES,
TO
PROVIDE
FOR
EXEMPTIONS,
TO
PROVIDE
FOR
REASON
-
6
ABLE
ACCOMMODATION,
TO
ESTABLISH
A
CIVIL
CAUSE
OF
ACTION,
TO
PROVIDE
7
FOR
PREEMPTION,
AND
TO
ESTABLISH
CERTAIN
LIMITATIONS;
AMENDING
TITLE
8
6,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
CHAPTER
40,
TITLE
6,
IDAHO
CODE,
9
TO
PROVIDE
LEGISLATIVE
FINDINGS,
TO
DEFINE
TERMS,
TO
ESTABLISH
CERTAIN
10
DUTIES
OF
PLACES
OF
PUBLIC
ACCOMMODATION,
TO
PROVIDE
FOR
EXEMPTIONS,
TO
1
1
PROVIDE
FOR
REASONABLE
ACCOMMODATION,
TO
PROVIDE
FOR
CERTAIN
LIABILITY
12
FOR
PLACES
OF
PUBLIC
ACCOMMODATION,
TO
PROVIDE
FOR
PREEMPTION,
AND
TO
13
ESTABLISH
CERTAIN
LIMITATIONS;
PROVIDING
SEVERABILITY;
AND
DECLARING
14
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
15
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
16
SECTION
1.
That
Title
67,
Idaho
Code,
be,
and
the
same
is
hereby
amended
17
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
18
ter
48,
Title
67,
Idaho
Code,
and
to
read
as
follows:
19
CHAPTER
48
20
PROTECTING
PRIVACY
AND
SAFETY
IN
GOVERNMENT
BUILDINGS
21
67
-
4801.
LEGISLATIVE
FINDINGS.
The
legislature
finds
and
declares
22
that:
23
(1)
There
are
real,
inherent,
and
enduring
physical
differences
be
-
24
tween
men
and
women.
25
(2)
Every
individual
retains
a
natural
right
to
privacy
and
safety,
es
-
26
pecially
in
restrooms
and
changing
facilities
where
such
individual
might
be
27
in
a
partial
or
full
state
of
undress
in
the
presence
of
others.
28
(3)
Requiring
individuals
to
share
restrooms
and
changing
facilities
29
with
members
of
the
other
sex
infringes
on
their
interest
in
privacy
and
30
generates
potential
embarrassment,
shame,
and
psychological
injury
to
those
31
individuals.
32
(4)
Requiring
individuals
to
share
restrooms
and
changing
facilities
33
with
members
of
the
other
sex
creates
real
privacy
and
safety
concerns
by
34
increasing
the
likelihood
of
sexual
assault,
molestation,
rape,
voyeurism,
35
and
exhibitionism.
36
(5)
There
are
numerous
well
-
documented
examples
illustrating
that
37
there
are
real
privacy
and
safety
implications
when
members
of
one
sex
are
38
permitted
to
access
restrooms
and
changing
facilities
designated
for
use
by
39
the
other
sex.
40
2
(6)
The
legislature
has
the
clear
authority,
as
acknowledged
by
the
1
ninth
and
tenth
amendments
to
the
constitution
of
the
United
States,
to
enact
2
legislation
to
safeguard
the
natural
rights
of
privacy
and
safety.
3
(7)
A
policy
maintaining
sex
-
separated
restrooms
and
changing
facili
-
4
ties
in
government
buildings
is
substantially
related
to
the
important
gov
-
5
ernmental
interest
in
protecting
the
privacy,
safety,
and
dignity
of
indi
-
6
viduals
using
such
spaces.
7
67
-
4802.
DEFINITIONS.
For
the
purposes
of
this
chapter:
8
(1)
"Changing
facility"
means
a
facility
in
which
an
individual
may
be
9
in
a
state
of
undress
in
the
presence
of
others,
including
a
locker
room,
10
changing
room,
or
shower
room.
1
1
(2)
"Female"
has
the
same
meaning
as
defined
in
section
73
-
114,
Idaho
12
Code.
13
(3)
"Government
building"
means
any
building
or
facility
owned
or
14
leased
by
a
government
entity
and
shall
include
any
building
or
facility
that
15
a
government
entity
leases
from
the
property
owner.
If
a
government
entity
16
leases
only
a
portion
of
a
building,
then
only
the
portion
of
the
building
17
leased
by
the
government
entity
shall
be
treated
as
a
government
building.
18
(4)
"Government
entity"
means
the
state
or
any
city,
county,
municipal
-
19
ity,
or
other
political
subdivision
or
administrative
unit
of
the
state.
20
(5)
"Male"
has
the
same
meaning
as
defined
in
section
73
-
114,
Idaho
21
Code.
22
(6)
"Sex"
has
the
same
meaning
as
defined
in
section
73
-
114,
Idaho
Code.
23
67
-
4803.
GOVERNMENT
BUILDING
RESTROOMS
AND
CHANGING
FACILITIES.
(1)
24
Every
government
building
restroom
or
changing
facility
accessible
by
mul
-
25
tiple
individuals
at
the
same
time
shall
be:
26
(a)
Designated
for
use
by
male
individuals
only
or
female
individuals
27
only;
and
28
(b)
Used
only
by
individuals
of
the
sex
corresponding
to
the
designa
-
29
tion
provided
for
in
paragraph
(a)
of
this
subsection.
30
(2)
No
individual
shall
enter
a
multi
-
occupancy
restroom
or
changing
31
facility
within
a
government
building
that
is
designated
for
one
(1)
sex
un
-
32
less
such
individual
is
a
member
of
that
sex.
33
(3)
The
government
entity
with
authority
over
the
government
building
34
shall
provide
its
users
with
privacy
from
members
of
the
other
sex
in
every
35
restroom
and
changing
facility.
36
67
-
4804.
EXEMPTIONS.
This
chapter
shall
not
apply:
37
(1)
To
single
-
occupancy
restrooms
and
changing
facilities;
38
(2)
To
single
-
occupancy
restrooms
and
changing
facilities
that
are
39
conspicuously
designated
for
family
use;
40
(3)
To
restrooms
and
changing
facilities
that
have
been
temporarily
41
designated
for
use
by
the
other
sex;
42
(4)
To
an
individual
who
uses
a
restroom
or
changing
facility
desig
-
43
nated
for
the
other
sex
if
such
restroom
or
changing
facility
is
the
only
re
-
44
stroom
or
changing
facility
reasonably
available
at
the
time
of
the
individ
-
45
ual's
use
of
the
facility,
provided
that
such
individual
ensures
that
no
per
-
46
3
son
of
the
opposite
sex
is
using
the
restroom
or
changing
facility
prior
to
1
entering
the
facility;
2
(5)
To
an
individual
employed
to
clean,
maintain,
or
inspect
a
restroom
3
or
changing
facility
while
such
individual
is
actively
engaged
in
the
activ
-
4
ity
for
which
the
individual
has
been
employed,
provided
that
such
individ
-
5
ual
ensures
no
person
of
the
opposite
sex
is
using
the
restroom
or
changing
6
facility
prior
to
entering
the
facility;
7
(6)
To
an
individual
who
enters
a
restroom
or
changing
facility
to
ren
-
8
der
medical
assistance;
9
(7)
To
a
law
enforcement
official
engaged
in
law
enforcement
activities
10
or
supervising
any
arrestee,
detainee,
or
inmate
in
a
custodial
setting;
1
1
(8)
To
an
individual
who
enters
a
restroom
or
changing
facility
to
ac
-
12
company
and
render
assistance
to
a
person
who
is
in
need
of
assistance
if
such
13
person
rendering
assistance
is:
14
(a)
A
family
member
or
a
legal
guardian
of
the
person
needing
assis
-
15
tance;
or
16
(b)
The
designee
of
the
person
in
need
of
assistance
and
the
designee
is
17
not
a
member
of
the
designated
sex
for
the
single
-
sex
restroom
or
chang
-
18
ing
facility.
19
(9)
To
a
minor
child
who
is
in
need
of
assistance
and,
for
the
purposes
20
of
receiving
that
assistance,
is
accompanied
by
a
family
member,
a
legal
21
guardian,
or
the
individual's
designee
who
is
a
member
of
the
designated
sex
22
for
the
single
-
sex
restroom
or
changing
facility;
23
(10)
To
coaching
staff
and
personnel
during
athletic
events,
provided
24
that
such
individuals
take
reasonable
steps
to
ensure
that
no
person
is
in
a
25
state
of
undress
prior
to
entering
the
facility;
or
26
(11)
During
an
ongoing
natural
disaster
or
emergency,
or
when
necessary
27
to
prevent
a
serious
threat
to
good
order
or
public
safety.
28
67
-
4805.
REASONABLE
ACCOMMODATION.
(1)
A
government
entity
with
au
-
29
thority
over
any
government
building
may
provide
a
reasonable
accommodation
30
to
any
individual
who
for
any
reason
is
unwilling
or
unable
to
use
a
multi
-
oc
-
31
cupancy
restroom
or
changing
facility
designated
for
the
individual's
sex
in
32
a
government
building.
33
(2)
A
reasonable
accommodation
shall
not
include
access
to
a
restroom
34
or
changing
facility
that
is
designated
for
use
by
members
of
the
other
sex
35
while
individuals
of
the
other
sex
are
present
or
could
be
present.
36
67
-
4806.
CIVIL
CAUSE
OF
ACTION.
(1)
Any
individual
who,
while
access
-
37
ing
or
using
a
government
building
multi
-
occupancy
restroom
or
changing
fa
-
38
cility
designated
for
use
by
the
individual's
sex,
encounters
a
member
of
the
39
other
sex
shall
have
a
private
cause
of
action
against
the
government
entity
40
with
authority
over
the
government
building
if:
41
(a)
The
government
entity
gave
the
member
of
the
other
sex
permission
to
42
use
the
restroom
or
changing
facility
designated
for
use
by
the
individ
-
43
ual's
sex;
or
44
(b)
The
government
entity
failed
to
take
reasonable
steps
to
prohibit
45
the
member
of
the
other
sex
from
accessing
the
restroom
or
changing
fa
-
46
cility
designated
for
use
by
the
individual's
sex.
47
4
(2)
Any
civil
action
arising
under
this
chapter
must
be
commenced
1
within
two
(2)
years
after
the
cause
of
action
has
occurred.
2
(3)
Any
plaintiff
who
prevails
in
an
action
brought
under
this
chap
-
3
ter
may
recover
from
the
defendant
government
entity
ten
thousand
dollars
4
($10,000)
for
each
instance
that
the
plaintiff
encountered
a
member
of
the
5
other
sex
while
accessing
or
using
a
government
building
restroom
or
chang
-
6
ing
facility
designated
for
use
by
the
plaintiff's
sex.
The
plaintiff
may
7
also
recover
monetary
damages
from
the
defendant
government
entity
for
all
8
psychological,
emotional,
and
physical
harm
suffered.
9
(4)
Any
plaintiff
who
prevails
in
an
action
brought
under
this
chapter
10
is
entitled
to
recover
reasonable
attorney's
fees
and
costs
from
the
defen
-
1
1
dant
government
entity.
12
(5)
Nothing
in
this
chapter
limits
other
remedies
at
law
or
equity
13
available
to
the
plaintiff
against
the
government
entity.
14
67
-
4807.
PREEMPTION.
This
chapter
preempts
any
law,
regulation,
pol
-
15
icy,
or
decree
enacted
or
adopted
by
any
government
entity
within
the
state
16
that
purports
to
permit
or
require
government
entities
to
allow
individuals
17
to
use
restrooms
and
changing
facilities
in
government
buildings
designated
18
for
use
by
the
other
sex.
19
67
-
4808.
LIMITATIONS.
(1)
The
provisions
of
this
chapter
shall
not
ap
-
20
ply
to
any
covered
entity
as
that
term
is
defined
in
section
67
-
9801,
Idaho
21
Code.
22
(2)
The
provisions
of
this
chapter
shall
not
apply
to
any
public
school
23
as
that
term
is
defined
in
section
33
-
6702,
Idaho
Code.
24
(3)
Nothing
in
this
chapter
shall
be
construed
to
require
any
govern
-
25
ment
entity
to
unlawfully
violate
the
terms
of
an
existing
lease
agreement.
26
SECTION
2.
That
Title
6,
Idaho
Code,
be,
and
the
same
is
hereby
amended
27
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
28
ter
40,
Title
6,
Idaho
Code,
and
to
read
as
follows:
29
CHAPTER
40
30
LIABILITY
FOR
PLACES
OF
PUBLIC
ACCOMMODATION
31
6
-
4001.
LEGISLATIVE
FINDINGS.
The
legislature
finds
and
declares
32
that:
33
(1)
Land
possessors
have
a
duty
of
care
at
common
law
to
maintain
their
34
premises
in
such
a
way
as
to
reasonably
prevent
harm
to
those
entering
their
35
property.
36
(2)
Idaho
"adheres
to
the
traditional
common
-
law
jurisprudence
that
37
developed
around
premises
liability."
Oswald
v.
Costco
Wholesale
Corpora
-
38
tion,
167
Idaho
540,
551
(2020).
39
(3)
A
land
possessor
owes
an
"affirmative
duty"
to
protect
members
of
40
the
public
he
has
invited
when
he
"open[ed]
his
property
to
the
public
for
41
business,"
which
reflects
the
"age
-
old
principle"
that
an
invitee
is
"enti
-
42
tled
to
visit
and
assume
that
the
premises
have
been
made
safe
for
his
visit."
43
Id.
at
552.
44
5
(4)
Land
possessors
"can
be
liable
for
failing
to
protect
invitees
1
against
the
foreseeable
negligence
or
criminal
acts
of
third
parties."
Id.
2
at
553.
3
(5)
Allowing
individuals
to
share
restrooms
or
changing
facilities
4
with
members
of
the
other
sex
generates
potential
embarrassment,
shame,
and
5
psychological
injury
to
invitees,
as
well
as
increasing
the
likelihood
of
6
sexual
assault,
molestation,
rape,
voyeurism,
and
exhibitionism.
7
(6)
Land
possessors
owe
a
duty
to
protect
the
privacy
and
safety
of
in
-
8
vitees
from
members
of
the
other
sex
in
restrooms
and
changing
facilities
9
provided
to
their
customers
or
the
public.
10
6
-
4002.
DEFINITIONS.
For
the
purposes
of
this
chapter:
1
1
(1)
"Changing
facility"
means
a
facility
in
which
an
individual
may
be
12
in
a
state
of
undress
in
the
presence
of
others,
including
a
locker
room,
13
changing
room,
or
shower
room.
14
(2)
"Place
of
public
accommodation"
means
a
business,
accommodation,
15
refreshment,
entertainment,
recreation,
or
transportation
facility
of
any
16
kind,
whether
licensed
or
not,
whose
goods,
services,
facilities,
privi
-
17
leges,
advantages,
or
accommodations
are
extended,
offered,
sold,
or
other
-
18
wise
made
available
to
the
public.
19
(3)
"Sex"
has
the
same
meaning
as
defined
in
section
73
-
114,
Idaho
Code.
20
6
-
4003.
DUTIES
OF
PLACES
OF
PUBLIC
ACCOMMODATION.
Every
place
of
pub
-
21
lic
accommodation
shall
have
a
duty
to
take
reasonable
steps
to
ensure
that
22
the
privacy
and
safety
of
an
individual
is
protected
from
members
of
the
23
other
sex
in
every
restroom
or
changing
facility
maintained
by
the
place
of
24
public
accommodation.
25
6
-
4004.
EXEMPTIONS.
It
shall
not
be
a
breach
of
the
duty
provided
in
26
section
6
-
4003,
Idaho
Code,
if
the
place
of
public
accommodation:
27
(1)
Provides
single
-
occupancy
restrooms
or
changing
facilities;
28
(2)
Provides
single
-
occupancy
restrooms
or
changing
facilities
that
29
are
conspicuously
designated
for
family
use;
30
(3)
Temporarily
designates
a
restroom
or
changing
facility
for
use
by
31
the
other
sex;
32
(4)
Allows
an
individual
of
one
sex
to
use
a
restroom
or
changing
facil
-
33
ity
designated
for
the
other
sex
if
such
restroom
or
changing
facility
is
the
34
only
restroom
or
changing
facility
reasonably
available
at
the
time
of
the
35
individual's
use
of
the
facility;
36
(5)
Allows
an
individual
employed
to
clean,
maintain,
or
inspect
a
re
-
37
stroom
or
changing
facility,
while
such
individual
is
actively
engaged
in
38
the
activity
for
which
the
individual
has
been
employed;
39
(6)
Allows
an
individual
to
enter
a
restroom
or
changing
facility
to
40
render
medical
assistance;
41
(7)
Allows
a
law
enforcement
official
engaged
in
law
enforcement
activ
-
42
ities
or
supervising
any
arrestee,
detainee,
or
inmate
in
a
custodial
set
-
43
ting
to
enter
a
restroom
or
changing
facility;
44
(8)
Allows
an
individual
to
enter
a
restroom
or
changing
facility
to
ac
-
45
company
and
render
assistance
to
a
person
who
is
in
need
of
assistance
when
46
the
person
rendering
assistance
is:
47
6
(a)
A
family
member
or
a
legal
guardian;
or
1
(b)
The
designee
of
the
person
in
need
of
assistance
and
the
designee
is
2
not
a
member
of
the
designated
sex
for
the
single
-
sex
restroom
or
chang
-
3
ing
facility.
4
(9)
Allows
a
minor
child
who
is
in
need
of
assistance
to
accompany
a
fam
-
5
ily
member,
a
legal
guardian,
or
other
designee
into
a
restroom
or
changing
6
facility,
provided
that
the
family
member,
legal
guardian,
or
other
designee
7
is
a
member
of
the
designated
sex
for
the
single
-
sex
restroom
or
changing
fa
-
8
cility;
9
(10)
Allows
coaching
staff
and
personnel
during
athletic
events
to
ac
-
10
cess
a
restroom
or
changing
facility;
or
1
1
(11)
Allows
access
to
a
restroom
or
changing
facility
during
an
ongoing
12
natural
disaster
or
emergency,
or
when
necessary
to
prevent
a
serious
threat
13
to
good
order
or
public
safety.
14
6
-
4005.
REASONABLE
ACCOMMODATIONS.
Nothing
in
this
chapter
shall
be
15
construed
to
prohibit
a
place
of
public
accommodation
from
providing
a
rea
-
16
sonable
accommodation
to
any
individual
who
for
any
reason
is
unwilling
or
17
unable
to
use
a
multi
-
occupancy
restroom
or
changing
facility
designated
for
18
that
individual's
sex,
provided
that
a
place
of
public
accommodation
shall
19
not
provide
a
reasonable
accommodation
that
results
in
the
privacy
or
safety
20
of
another
individual
being
violated
by
a
member
of
the
other
sex.
21
6
-
4006.
LIABILITY
FOR
PLACES
OF
PUBLIC
ACCOMMODATION.
(1)
A
place
of
22
public
accommodation
that
breaches
its
duty
of
care
as
described
in
section
23
6
-
4003,
Idaho
Code,
shall
be
liable
for
all
damages
attributable
to
its
neg
-
24
ligence,
including
any
psychological,
emotional,
and
physical
harm.
25
(2)
It
shall
not
be
a
breach
of
the
duty
provided
in
section
6
-
4003,
26
Idaho
Code,
if
the
privacy
or
safety
of
an
individual
was
violated
because
27
such
individual
entered
a
restroom
or
changing
facility
designated
for
use
28
by
the
other
sex.
29
(3)
Any
civil
action
arising
under
this
chapter
must
be
commenced
30
within
two
(2)
years
after
the
cause
of
action
has
occurred.
31
(4)
Nothing
in
this
chapter
limits
other
remedies
at
law
or
equity
32
available
to
the
plaintiff.
33
6
-
4007.
PREEMPTION.
This
chapter
preempts
any
law,
regulation,
pol
-
34
icy,
or
decree
enacted
or
adopted
by
any
government
entity
within
the
state
35
that
purports
to
permit
or
require
places
of
public
accommodation
to
permit
36
individuals
to
use
restrooms
and
changing
facilities
designated
for
use
by
37
the
other
sex.
38
6
-
4008.
LIMITATIONS.
(1)
The
provisions
of
this
chapter
shall
not
ap
-
39
ply
to
any
covered
entity
as
that
term
is
defined
in
section
67
-
9801,
Idaho
40
Code.
41
(2)
The
provisions
of
this
chapter
shall
not
apply
to
any
public
school
42
as
that
term
is
defined
in
section
33
-
6702,
Idaho
Code.
43
(3)
The
provisions
of
this
chapter
shall
not
apply
to
any
government
en
-
44
tity
as
that
term
is
defined
in
section
67
-
4802,
Idaho
Code.
45
7
SECTION
3.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
1
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
2
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
3
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
4
this
act.
5
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
6
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
7
July
1,
2026.
8