Text of ID H 190 (2025)

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 190 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT 1 RELATING TO PROTECTING THE PRIVACY OF WOMEN; AMENDING TITLE 67, IDAHO CODE, 2 BY THE ADDITION OF A NEW CHAPTER 98, TITLE 67, IDAHO CODE, TO DEFINE 3 TERMS, TO ESTABLISH PROVISIONS REGARDING SAFETY AND PRIVACY IN COVERED 4 ENTITIES, AND TO PROVIDE FOR REMEDIES; PROVIDING SEVERABILITY; AND 5 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended 8 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 9 ter 98, Title 67, Idaho Code, and to read as follows: 10 CHAPTER 98 11 PROTECTING THE PRIVACY OF WOMEN 12 67-9801. DEFINITIONS. As used in this chapter: 13 (1) "Changing room" means a room or area in which a person may be in a 14 state of undress in the presence of others, including a locker room or shower 15 room. 16 (2) "Correctional facility" means a state correctional facility or lo- 17 cal correctional facility as defined in section 19-4201A, Idaho Code. 18 (3) "Covered entity" means a correctional facility, domestic violence 19 shelter, juvenile correctional center, or state educational institution. 20 (4) "Domestic violence shelter" means a state-operated facility that 21 provides services, including food, housing, counseling, and assistance to 22 victims of domestic violence or abuse and their minor dependent children in 23 this state. 24 (5) "Female" has the same meaning as set forth in section 73-114, Idaho 25 Code. 26 (6) "Juvenile correctional center" means any state-operated residen- 27 tial facility or facility operated pursuant to a contract with the state that 28 provides twenty-four (24) hour supervision and confinement for juvenile of- 29 fenders committed to the custody of the department of juvenile corrections. 30 (7) "Male" has the same meaning as set forth in section 73-114, Idaho 31 Code. 32 (8) "Multi-occupancy" means a space that is designated for use by mul- 33 tiple persons simultaneously. 34 (9) "Restroom" means a room that includes one (1) or more toilets or 35 urinals. 36 (10) "Sex" has the same meaning as set forth in section 73-114, Idaho 37 Code. 38 (11) "Sleeping quarters" means a room with more than one (1) bed and in 39 which more than one (1) individual is housed overnight. 40 2 (12) "State educational institution" means the university of Idaho, 1 Lewis-Clark state college, Idaho state university, Boise state university, 2 the school for the deaf and the blind, and any public community colleges un- 3 der the general supervision, governance, and control of the state board of 4 education. 5 67-9802. SAFETY AND PRIVACY IN COVERED ENTITIES. (1) Any covered en- 6 tity shall designate each multi-occupancy restroom, changing room, and 7 sleeping quarters for the exclusive use by either females or males. 8 (2) Every restroom, changing room, or sleeping quarters within a cov- 9 ered entity that is designated for females or males shall only be used by mem- 10 bers of that sex. No individual shall enter a restroom, changing room, or 11 sleeping quarters that is designated for females or males unless such indi- 12 vidual is a member of that sex. 13 (3) A covered entity shall take reasonable steps to provide individuals 14 with privacy in restrooms, changing rooms, and sleeping quarters from mem- 15 bers of the opposite sex. 16 (4) The provisions of this section shall not apply to an individual who 17 enters a restroom, changing room, or sleeping quarters designated for the 18 opposite sex in any of the following circumstances: 19 (a) To perform custodial services or maintenance; 20 (b) To render medical assistance; 21 (c) To render assistance by law enforcement; 22 (d) To provide services or render aid during a natural disaster, a de- 23 clared emergency, or when necessary to prevent a serious threat to good 24 order or safety; 25 (e) To use a single-sex facility designated for the opposite sex, if 26 such single-sex facility is the only facility reasonably available at 27 the time of the person's use of the facility; 28 (f) To use restrooms, changing rooms, and sleeping quarters that have 29 been temporarily designated for use by people of that person's biologi- 30 cal sex; 31 (g) To provide coaching or athletic training during athletic events; or 32 (h) To accompany and render assistance to a person who is in need of as- 33 sistance when the person rendering assistance is: 34 (i) A family member or a legal guardian; or 35 (ii) The designee of the person in need of assistance and the de- 36 signee is not a member of the designated sex for the single-sex re- 37 stroom, changing facility, or sleeping quarters. 38 (5) Nothing in this section shall be construed to prohibit a covered en- 39 tity from: 40 (a) Adopting policies necessary to accommodate persons protected under 41 the Americans with disabilities act, young children in need of assis- 42 tance, or elderly persons requiring aid; 43 (b) Establishing single-occupancy restrooms, changing rooms, or 44 sleeping quarters or family restrooms, changing rooms, or sleeping 45 quarters; or 46 (c) Redesignating a multi-occupancy restroom, changing room, or sleep- 47 ing quarters designated for exclusive use by one (1) sex to a designa- 48 tion for exclusive use by the opposite sex. 49 3 (6)(a) A state educational institution shall provide a reasonable ac- 1 commodation to any student or employee who: 2 (i) For any reason, is unwilling or unable to use a multi-oc- 3 cupancy restroom, changing room, or sleeping quarters designated 4 for the person's sex; and 5 (ii) Provides a written request for reasonable accommodation to 6 the state educational institution. 7 (b) A reasonable accommodation shall not include access to a restroom, 8 changing facility, or sleeping quarters that is designated for use 9 by members of the opposite sex while persons of the opposite sex are 10 present or could be present. 11 67-9803. REMEDIES. (1) An individual who, while accessing a restroom 12 or changing room designated for use by such individual's sex, encounters a 13 person of the opposite sex in such restroom or changing room shall have a pri- 14 vate cause of action for declaratory and injunctive relief against the cov- 15 ered entity if the covered entity: 16 (a) Provided the person permission to use a restroom or changing room of 17 the opposite sex; or 18 (b) Failed to take reasonable steps to prohibit the person of the oppo- 19 site sex from using the restroom or changing room of the opposite sex. 20 (2) An individual who is required by the covered entity to share sleep- 21 ing quarters with a person of the opposite sex shall have a private cause of 22 action for declaratory and injunctive relief against the covered entity. 23 (3) All civil actions brought pursuant to this section must be initi- 24 ated within two (2) years after the violation occurred. An individual ag- 25 grieved under the provisions of this section who prevails in court may re- 26 cover reasonable attorney's fees and costs from the offending covered en- 27 tity. 28 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared 29 to be severable and if any provision of this act or the application of such 30 provision to any person or circumstance is declared invalid for any reason, 31 such declaration shall not affect the validity of the remaining portions of 32 this act. 33 SECTION 3. An emergency existing therefor, which emergency is hereby 34 declared to exist, this act shall be in full force and effect on and after 35 July 1, 2025. 36