THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO GENDER EQUITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that achieving complete gender equity requires that the State address numerous issues of varying scale. The legislature further finds that article I, section 3 of the Constitution of the State of Hawaii, states that "[e]quality of rights under the law shall not be denied or abridged by the State on account of sex". However, individuals of all genders continue to face gendered expectations that perpetuate ingrained gender roles and discourage the full participation of both women and men inside and outside of their homes.
The legislature believes that requiring public establishments to make baby diaper-changing accommodations and baby feeding accommodations equally accessible to men and women will facilitate the full participation of all individuals inside and outside of their homes. Accordingly, the purpose of this Act is to require the equitable provision of baby diaper-changing accommodations and baby feeding accommodations in certain public establishments and facilities.
SECTION 2. Chapter 489, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Baby diaper-changing accommodations
AND BABY FEEDING ACCOMMODATIONS
§489- Definitions. As used in this part:
"Baby diaper-changing accommodation" means a safe, sanitary, and convenient baby diaper-changing station, deck, table, or similar amenity that is installed or placed in a separate, designated location in an establishment subject to the provisions of this part. "Baby diaper-changing accommodation" includes but is not limited to stations, decks, and tables in women's, men's, or unisex family restrooms.
"Baby feeding accommodation" means a safe, sanitary, and private place with a chair and a small table for feeding a baby.
"New establishment" means a place of public accommodation or state building construction that is constructed or substantially modified after December 31, 2020.
"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.
§489- New establishments; criteria and application. (a) 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.
(b) A place of public accommodation or state building construction shall be deemed to be substantially modified so as to require compliance with this part upon completion of any reconstruction, rehabilitation, addition, or other improvement of an existing building or facility if:
(1) The reconstruction, rehabilitation, addition, or other improvement directly affects more than fifty per cent of the gross floor area occupied by the establishment;
(2) The estimated cost of the reconstruction, rehabilitation, addition, or other improvement as set forth in the applicable building permit is at least $50,000; or
(3) The estimated cost of the new construction or renovation of any restroom or restrooms as set forth in the applicable building permit is at least $10,000;
provided that no establishment shall be deemed to be substantially modified if no structural changes are made to any existing restroom in the building or facility occupied by the establishment.
§489- Requirement to provide baby diaper-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 baby diaper-changing accommodations that are accessible, one each, by women and men; or
(2) One baby diaper-changing accommodation that is accessible by both women and men.
(b) Each new establishment shall post signage indicating the location of the baby diaper-changing accommodations.
(c) A violation of this section shall constitute an unlawful discriminatory practice.
§489- Requirement to provide baby feeding accommodations. (a) Each new establishment shall be required to provide baby feeding accommodations.
(b) A violation of this section shall constitute an unlawful discriminatory practice.
§489- Construction documents. (a) 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 baby diaper-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 baby diaper-changing accommodation shall be provided upon the change of designation.
(b) Construction documents shall show the location of each baby feeding accommodation.
§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 baby diaper-changing accommodations or baby feeding accommodations;
(2) The cost of providing baby diaper-changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the building or facility; or
(3) The cost of providing baby feeding accommodations exceeds 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 3. 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) State building construction shall include baby diaper-changing accommodations and baby feeding accommodations pursuant to part of chapter 489."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2050.
Gender Equity; Baby Diaper-Changing and Baby Feeding Accommodations
Requires all places of public accommodation and state building construction constructed or substantially modified after December 31, 2020, to provide baby diaper-changing accommodations and baby feeding accommodations that are equally accessible to men and women. (SB821 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.