Bill Text: HI SB389 | 2023 | Regular Session | Amended
Bill Title: Relating To Equity.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2023-03-24 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Ilagan excused (1). [SB389 Detail]
Download: Hawaii-2023-SB389-Amended.html
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THE SENATE |
S.B. NO. |
389 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EQUITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part
. universal
changing accommodations
§489- Definitions. As used in this part:
"New establishment" means a place of public accommodation or state building construction that is constructed after December 31, 2023.
"Restroom for public use" means a restroom that is accessible to persons other than employees of the public accommodation in which the restroom is located.
"State building construction" shall have the same meaning as used in section 107-21.
"Universal changing accommodation" means a powered, height adjustable adult changing station that is either floor or wall mounted that is installed within an enclosed restroom facility in women's, men's, or unisex family restrooms.
§489- New establishments; criteria and application. A place of public accommodation or state building construction shall be deemed to be constructed on the earlier of the date a certificate of occupancy is issued or the first date of occupancy for public use, regardless of whether the establishment has obtained a certificate of occupancy in compliance with applicable state and county laws.
§489- Requirement to provide universal changing accommodations. (a) On each floor containing restrooms for public use, each new establishment shall be required to provide, at a minimum, the following:
(1) Two universal changing accommodations that are accessible, one each, by women and men; or
(2) One universal changing accommodation that is accessible by both women and men.
(b) Each new establishment shall post signage indicating the location of the universal changing accommodations.
(c) A violation of this section shall constitute an unlawful discriminatory practice.
§489- Construction documents. Construction documents for new establishments
shall show whether or not a restroom is a restroom for public use as defined in
this part, and the location of each universal changing accommodation within all
restrooms for public use. If a restroom
is not shown as a restroom for public use on the construction documents and,
subsequent to the issuance of the building permit authorizing the construction
or renovation of the restroom, there is a change in the designation of the
restroom to a restroom for public use, a universal changing accommodation shall
be provided upon the change of designation.
§489- Hardship exemption. A new establishment shall not be subject
to the provisions of this part if compliance would create a hardship. Compliance shall be deemed to create a
hardship if:
(1) No reasonable physical option exists for providing universal changing accommodations; or
(2) The cost of providing universal changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the building or facility.
§489- Violations; private cause of action. Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the judgment is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees, the cost of suit, and a sum of $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court.
§489- Exclusion from Hawaii civil rights commission. Notwithstanding any other law to the contrary, this part shall not be subject to chapter 368 and shall not be enforced by the Hawaii civil rights commission."
SECTION 2. Section 107-27, Hawaii Revised Statutes, is amended to read as follows:
"§107-27 Design of state buildings. (a) No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the design of all state building construction shall be in compliance with the Hawaii state building codes, except state building construction shall be allowed to be exempted from:
(1) County codes that have not adopted the Hawaii state building codes;
(2) Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or
(3) Any county code amendments that are contrary to code amendments adopted by another county.
(b) Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.
(c) The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.
(d) Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall:
(1) Maximize energy and water efficiency measures;
(2) Maximize energy generation potential; and
(3) Use building materials that reduce the carbon footprint of the project.
(e) State building construction shall include universal changing accommodations pursuant to part of chapter 489."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Equity; Universal Changing Accommodations; Public Accommodation; State Building Construction
Description:
Requires all places of public accommodation and state building construction constructed after 12/31/23 to provide universal changing accommodations that are equally accessible to men and women. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
