Adds to existing law to establish the Restroom Access Act.

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 ACT1 RELATING TO THE RESTROOM ACCESS ACT; AMENDING TITLE 48, IDAHO CODE, BY THE2 ADDITION OF A NEW CHAPTER 21, TITLE 48, IDAHO CODE, TO PROVIDE A SHORT3 TITLE, TO DEFINE TERMS, TO PROVIDE FOR CERTAIN CUSTOMER ACCESS TO RE-4 STROOM FACILITIES, TO PROVIDE A LIMITATION OF LIABILITY, AND TO PROVIDE5 FOR VIOLATIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE6 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 amended9 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:11 CHAPTER 2112 RESTROOM ACCESS ACT13 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 a17 retail establishment.18 (2) "Eligible medical condition" means Crohn's disease, ulcerative19 colitis, any other inflammatory bowel disease, irritable bowel syndrome,20 or any other medical condition that requires immediate access to a restroom21 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 not24 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 located26 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 employees29 shall allow a customer to use that facility during normal business hours if30 all of the following conditions are met:31 (1) The customer requesting the use of the employee restroom facility32 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 a35 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 establishment38 proof of an eligible medical condition;39

2 (2) Three (3) or more employees of the retail establishment are working1 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 located5 in an area where providing access would create an obvious health or safety6 risk to the customer or an obvious security risk to the establishment; and7 (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 omission10 in allowing a customer who claims to have an eligible medical condition to11 use an employee restroom facility that is not a public restroom if the act or12 omission:13 (a) Is not negligent;14 (b) Occurs in an area of the retail establishment that is not accessible15 to the public; and16 (c) Results in an injury to or death of the customer or an individual17 other than an employee accompanying the customer.18 (2) This chapter does not require a retail establishment to make any19 physical changes to an employee restroom facility.20 48-2105. VIOLATIONS. A retail establishment or an employee of a retail21 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 fifty23 dollars ($50.00).24

SECTION 2. An emergency existing therefor, which emergency is hereby25 declared to exist, this act shall be in full force and effect on and after26 July 1, 2026.27