HB1938

SECTION 1. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"§A-A Baby changing stations. All state and county restrooms available to the public with facilities for persons with disabilities shall provide baby-changing stations pursuant to rules adopted by the disability and communication access board in accordance with chapter 91.

For the purposes of this section, "baby-changing station" means an area that is designed to allow a person with disabilities to change an infant's diaper and to generally care for the infant.

Any required renovations of public restrooms required under this section shall be completed by December 31, 2008."

SECTION 2. Section 103-50, Hawaii Revised Statutes, is amended to read as follows:

"§103-50 Building design [~~to consider~~]; needs of persons with disabilities. (a) Notwithstanding any other law to the contrary, and except as provided in this section, all plans and specifications for the construction of public buildings, facilities, and sites shall be prepared so that the buildings, facilities, and sites are accessible to and usable by persons with disabilities. The buildings, facilities, and sites shall conform to the Americans with Disabilities Act Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191, and the requirements of the Federal Fair Housing Amendments Act of 1988, as established in Title 24 Code of Federal Regulations Part 100, Subpart D, as adopted and amended by the disability and communication access board under chapter 348F.

(b) All plans and specifications for the construction of public restrooms with facilities for disabled persons shall provide baby changing stations as prescribed by rules adopted by the disability and communications access board pursuant to chapter 91.

"Baby changing station" has the same meaning as that term is defined under section - .

[~~(b)~~] (c) All state and county agencies subject to this section shall seek advice and recommendations from the disability and communication access board on any construction plans prior to commencing with construction.

[~~(c)~~] (d) The disability and communication access board shall adopt rules pursuant to chapter 91 for the design of buildings, facilities, and sites, by or on behalf of the State and counties to effectuate the purposes of this section, except that the board, without regard to chapter 91, instead, may adopt federal amendments to the Americans with Disabilities Act Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191.

[~~(d)~~] (e) The board may approve a site specific alternate design when an alternate design provides equal or greater access.

[~~(e)~~] (f) For the purposes of this section, "public buildings, facilities, and sites" means buildings, facilities, and sites that:

(1) Are designed, constructed, purchased, or leased with the use of any state or county funds or federal funds administered by the State or a county;

(2) House state or county programs, services, or activities that are intended to be accessed by the general public; or

(3) Are constructed on state or county lands or lands that will be transferred to the State or a county."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the following sums, or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for grants-in-aid to the counties for the purposes of this Act.

County of Hawaii $

County of Kauai $

County of Maui $

County of Honolulu $

Total $

The sums appropriated shall constitute the State's share of the cost of mandated programs under article VIII, section 5, of the State Constitution.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of accounting and general services to direct the funds under this section to the appropriate state departments for the purposes of this Act.

SECTION 5. The sums appropriated by this Act shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 4 and 5 shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1938
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII