Text of ID S 1016 (2023)

LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature First Regular Session - 2023 IN THE SENATE SENATE BILL NO. 1016 BY STATE AFFAIRS COMMITTEE AN ACT 1 RELATING TO PURCHASING BY POLITICAL SUBDIVISIONS; AMENDING SECTION 2 67-2802A, IDAHO CODE, TO PROVIDE THAT A PUBLIC WORKS CONTRACTOR SHALL 3 NOT BE REQUIRED TO PROVIDE ACCESS TO A MULTIPLE-OCCUPANCY RESTROOM, 4 SHOWER FACILITY, OR CHANGING ROOM ON ANY BASIS OTHER THAN BIOLOGICAL 5 SEX; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-2802A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-2802A. DISCRIMINATION IN PROCUREMENT PROHIBITED. (1) Political 10 subdivisions of the state of Idaho in their procurements governed by this 11 chapter shall not discriminate against, or grant preferential treatment 12 to, any individual or group on the basis of race, sex, color, ethnicity, 13 or national origin unless permitted by an exception described in section 14 67-5909A, Idaho Code. 15 (2) Unless specifically required pursuant to applicable federal law or 16 regulation, no public entity or political subdivision of the state of Idaho 17 shall require a contractor engaged in public works construction governed by 18 this chapter to provide a multiple-occupancy restroom, shower facility, or 19 changing room that is owned by or under the control of the contractor on any 20 basis other than biological sex. For purposes of this subsection, "biolog- 21 ical sex" means the physical condition of being male or female as stated on a 22 person's birth certificate. 23 SECTION 2. An emergency existing therefor, which emergency is hereby 24 declared to exist, this act shall be in full force and effect on and after 25 July 1, 2023. 26

LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature First Regular Session - 2023 IN THE SENATE SENATE BILL NO. 1016, As Amended in the House BY STATE AFFAIRS COMMITTEE AN ACT 1 RELATING TO PURCHASING BY POLITICAL SUBDIVISIONS; AMENDING SECTION 2 67-2802A, IDAHO CODE, TO PROVIDE THAT A PUBLIC WORKS CONTRACTOR SHALL 3 NOT BE REQUIRED TO PROVIDE ACCESS TO A MULTIPLE-OCCUPANCY RESTROOM, 4 SHOWER FACILITY, OR CHANGING ROOM ON ANY BASIS OTHER THAN SEX; 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 Section 67-2802A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-2802A. DISCRIMINATION IN PROCUREMENT PROHIBITED. (1) Political 10 subdivisions of the state of Idaho in their procurements governed by this 11 chapter shall not discriminate against, or grant preferential treatment 12 to, any individual or group on the basis of race, sex, color, ethnicity, 13 or national origin unless permitted by an exception described in section 14 67-5909A, Idaho Code. 15 (2) Unless specifically required pursuant to applicable federal law or 16 regulation, no public entity or political subdivision of the state of Idaho 17 shall require a contractor engaged in public works construction governed by 18 this chapter to provide a multiple-occupancy restroom, shower facility, or 19 changing room that is owned by or under the control of the contractor on any 20 basis other than sex, as defined in section 39-245A(3), Idaho Code. 21 SECTION 2. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect on and after 23 July 1, 2023. 24