Text of ID S 1003 (2023)
Amends existing law to provide that a bidder, offeror, contractor, or subcontractor shall not be required to provide access to a multiple occupancy restroom, multiple occupancy shower facility, or multiple occupancy changing room on any basis other than biological sex.
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As introduced
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-seventh Legislature
First Regular Session - 2023
IN THE SENATE
SENATE BILL NO. 1003
BY STATE AFFAIRS COMMITTEE
AN ACT
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RELATING
TO
PURCHASING
BY
POLITICAL
SUBDIVISIONS;
AMENDING
SECTION
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67-2802A, IDAHO CODE, TO PROVIDE THAT A PUBLIC WORKS BIDDER, OFFEROR,
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CONTRACTOR, OR SUBCONTRACTOR SHALL NOT BE REQUIRED TO PROVIDE ACCESS TO
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A MULTIPLE-OCCUPANCY RESTROOM, SHOWER FACILITY, OR CHANGING ROOM ON ANY
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BASIS OTHER THAN BIOLOGICAL SEX; AND DECLARING AN EMERGENCY AND PROVID-
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ING AN EFFECTIVE DATE.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That Section 67-2802A, Idaho Code, be, and the same is hereby
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amended to read as follows:
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67-2802A.
DISCRIMINATION IN PROCUREMENT PROHIBITED. (1) Political
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subdivisions of the state of Idaho in their procurements governed by this
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chapter shall not discriminate against, or grant preferential treatment
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to, any individual or group on the basis of race, sex, color, ethnicity,
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or national origin unless permitted by an exception described in section
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67-5909A, Idaho Code.
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(2) Unless specifically required pursuant to applicable federal law or
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regulation, a bidder, offeror, contractor, or subcontractor shall not be re-
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quired to provide access to a multiple-occupancy restroom, a multiple-oc-
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cupancy shower facility, or a multiple-occupancy changing room on any ba-
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sis other than biological sex.
For purposes of this subsection, "biologi-
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cal sex" means the physical condition of being male or female as stated on a
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person's birth certificate.
A bidder, offeror, contractor, or subcontrac-
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tor shall have standing to challenge a violation of the provisions of this
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subsection, and such party shall be awarded costs and attorney's fees in the
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event that such challenge prevails.
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SECTION 2.
An emergency existing therefor, which emergency is hereby
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declared to exist, this act shall be in full force and effect on and after
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July 1, 2023.
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