Adds to existing law to establish requirements and a cause of action regarding privacy and safety in public restroom and changing facilities and to establish a duty regarding the privacy and safety of restroom and changing facilities in places of public accommodation.

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 ACT1 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, TITLE3 67, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO DEFINE TERMS,4 TO ESTABLISH PROVISIONS REGARDING GOVERNMENT BUILDING RESTROOMS AND5 CHANGING FACILITIES, TO PROVIDE FOR EXEMPTIONS, TO PROVIDE FOR REASON-6 ABLE ACCOMMODATION, TO ESTABLISH A CIVIL CAUSE OF ACTION, TO PROVIDE7 FOR PREEMPTION, AND TO ESTABLISH CERTAIN LIMITATIONS; AMENDING TITLE8 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 CERTAIN10 DUTIES OF PLACES OF PUBLIC ACCOMMODATION, TO PROVIDE FOR EXEMPTIONS, TO11 PROVIDE FOR REASONABLE ACCOMMODATION, TO PROVIDE FOR CERTAIN LIABILITY12 FOR PLACES OF PUBLIC ACCOMMODATION, TO PROVIDE FOR PREEMPTION, AND TO13 ESTABLISH CERTAIN LIMITATIONS; PROVIDING SEVERABILITY; AND DECLARING14 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 amended17 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 4820 PROTECTING PRIVACY AND SAFETY IN GOVERNMENT BUILDINGS21 67-4801. LEGISLATIVE FINDINGS. The legislature finds and declares22 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 be27 in a partial or full state of undress in the presence of others.28 (3) Requiring individuals to share restrooms and changing facilities29 with members of the other sex infringes on their interest in privacy and30 generates potential embarrassment, shame, and psychological injury to those31 individuals.32 (4) Requiring individuals to share restrooms and changing facilities33 with members of the other sex creates real privacy and safety concerns by34 increasing the likelihood of sexual assault, molestation, rape, voyeurism,35 and exhibitionism.36 (5) There are numerous well-documented examples illustrating that37 there are real privacy and safety implications when members of one sex are38 permitted to access restrooms and changing facilities designated for use by39 the other sex.40

2 (6) The legislature has the clear authority, as acknowledged by the1 ninth and tenth amendments to the constitution of the United States, to enact2 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 be9 in a state of undress in the presence of others, including a locker room,10 changing room, or shower room.11 (2) "Female" has the same meaning as defined in section 73-114, Idaho12 Code.13 (3) "Government building" means any building or facility owned or14 leased by a government entity and shall include any building or facility that15 a government entity leases from the property owner. If a government entity16 leases only a portion of a building, then only the portion of the building17 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, Idaho21 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 individuals27 only; and28 (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 changing31 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 building34 shall provide its users with privacy from members of the other sex in every35 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 are39 conspicuously designated for family use;40 (3) To restrooms and changing facilities that have been temporarily41 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 to1 entering the facility;2 (5) To an individual employed to clean, maintain, or inspect a restroom3 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 changing6 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 activities10 or supervising any arrestee, detainee, or inmate in a custodial setting;11 (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 such13 person rendering assistance is:14 (a) A family member or a legal guardian of the person needing assis-15 tance; or16 (b) The designee of the person in need of assistance and the designee is17 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 purposes20 of receiving that assistance, is accompanied by a family member, a legal21 guardian, or the individual's designee who is a member of the designated sex22 for the single-sex restroom or changing facility;23 (10) To coaching staff and personnel during athletic events, provided24 that such individuals take reasonable steps to ensure that no person is in a25 state of undress prior to entering the facility; or26 (11) During an ongoing natural disaster or emergency, or when necessary27 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 accommodation30 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 in32 a government building.33 (2) A reasonable accommodation shall not include access to a restroom34 or changing facility that is designated for use by members of the other sex35 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 the39 other sex shall have a private cause of action against the government entity40 with authority over the government building if:41 (a) The government entity gave the member of the other sex permission to42 use the restroom or changing facility designated for use by the individ-43 ual's sex; or44 (b) The government entity failed to take reasonable steps to prohibit45 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 commenced1 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 dollars4 ($10,000) for each instance that the plaintiff encountered a member of the5 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 may7 also recover monetary damages from the defendant government entity for all8 psychological, emotional, and physical harm suffered.9 (4) Any plaintiff who prevails in an action brought under this chapter10 is entitled to recover reasonable attorney's fees and costs from the defen-11 dant government entity.12 (5) Nothing in this chapter limits other remedies at law or equity13 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 state16 that purports to permit or require government entities to allow individuals17 to use restrooms and changing facilities in government buildings designated18 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, Idaho21 Code.22 (2) The provisions of this chapter shall not apply to any public school23 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 amended27 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 4030 LIABILITY FOR PLACES OF PUBLIC ACCOMMODATION31 6-4001. LEGISLATIVE FINDINGS. The legislature finds and declares32 that:33 (1) Land possessors have a duty of care at common law to maintain their34 premises in such a way as to reasonably prevent harm to those entering their35 property.36 (2) Idaho "adheres to the traditional common-law jurisprudence that37 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 of40 the public he has invited when he "open[ed] his property to the public for41 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 invitees1 against the foreseeable negligence or criminal acts of third parties." Id.2 at 553.3 (5) Allowing individuals to share restrooms or changing facilities4 with members of the other sex generates potential embarrassment, shame, and5 psychological injury to invitees, as well as increasing the likelihood of6 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 facilities9 provided to their customers or the public.10 6-4002. DEFINITIONS. For the purposes of this chapter:11 (1) "Changing facility" means a facility in which an individual may be12 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 any16 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 that22 the privacy and safety of an individual is protected from members of the23 other sex in every restroom or changing facility maintained by the place of24 public accommodation.25 6-4004. EXEMPTIONS. It shall not be a breach of the duty provided in26 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 that29 are conspicuously designated for family use;30 (3) Temporarily designates a restroom or changing facility for use by31 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 the34 only restroom or changing facility reasonably available at the time of the35 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 in38 the activity for which the individual has been employed;39 (6) Allows an individual to enter a restroom or changing facility to40 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 when46 the person rendering assistance is:47

6 (a) A family member or a legal guardian; or1 (b) The designee of the person in need of assistance and the designee is2 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 changing6 facility, provided that the family member, legal guardian, or other designee7 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; or11 (11) Allows access to a restroom or changing facility during an ongoing12 natural disaster or emergency, or when necessary to prevent a serious threat13 to good order or public safety.14 6-4005. REASONABLE ACCOMMODATIONS. Nothing in this chapter shall be15 construed to prohibit a place of public accommodation from providing a rea-16 sonable accommodation to any individual who for any reason is unwilling or17 unable to use a multi-occupancy restroom or changing facility designated for18 that individual's sex, provided that a place of public accommodation shall19 not provide a reasonable accommodation that results in the privacy or safety20 of another individual being violated by a member of the other sex.21 6-4006. LIABILITY FOR PLACES OF PUBLIC ACCOMMODATION. (1) A place of22 public accommodation that breaches its duty of care as described in section23 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 because27 such individual entered a restroom or changing facility designated for use28 by the other sex.29 (3) Any civil action arising under this chapter must be commenced30 within two (2) years after the cause of action has occurred.31 (4) Nothing in this chapter limits other remedies at law or equity32 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 state35 that purports to permit or require places of public accommodation to permit36 individuals to use restrooms and changing facilities designated for use by37 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, Idaho40 Code.41 (2) The provisions of this chapter shall not apply to any public school42 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

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SECTION 3. SEVERABILITY. The provisions of this act are hereby declared1 to be severable and if any provision of this act or the application of such2 provision to any person or circumstance is declared invalid for any reason,3 such declaration shall not affect the validity of the remaining portions of4 this act.5

SECTION 4. An emergency existing therefor, which emergency is hereby6 declared to exist, this act shall be in full force and effect on and after7 July 1, 2026.8