SB3151

THE SENATE	S.B. NO.	3151
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to equal access to public conveniences.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Article 1, section 5, of the Hawaii State Constitution guarantees that no person shall be discriminated against in the exercise of one's civil rights because of sex, among other protected classes. Section 489-3, Hawaii Revised Statutes, further states that a person shall not suffer unfair discriminatory practices that deny the full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations in a place of public accommodation on the basis of these same protected classes, including sex. Places of public accommodation, as defined in chapter 489, Hawaii Revised Statutes, include public restrooms at a wide variety of venues open to the public.

The legislature finds that equal access to and enjoyment of restroom facilities by women should include consideration of a woman's unique needs. For reasons of anatomy and culture, women require greater accommodations to attend to feminine hygiene needs and to care for such tasks as breastfeeding babies. When the number of restrooms in a place of public accommodation is inadequate, as compared to the number provided to men, women invariably wait longer periods of time to use the facility. Delaying urination is a health issue in that it may cause or exacerbate any number of medical conditions, including cystitis, bladder inflammation, and urinary tract infections.

The legislature further finds that women have unequal access in the use and enjoyment of public restroom facilities and that unequal access is an illegal form of discrimination based upon sex.

The purpose of this Act is to require that separate-gender public restrooms and toilet facilities provide women with equal access to toilets as men.

SECTION 2. Chapter 489, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§489- Equal speed of access to toilets. (a) Any pair of separate-gender public restrooms or separate-gender toilet facilities of any public amusement facility constructed, renovated, retrofitted, or installed after January 1, 2021, shall have:

(1) Two exclusively female-use toilets for each exclusively male-use toilet; and

(2) Two exclusively female-use toilets for each exclusively male-use urinal;

provided that this section shall not apply to any restroom, groups of toilets, or portable toilet facilities intended to be used by more than one gender.

(b) For purposes of this section:

"Public amusement facility" means any zoo, theater, convention center, lecture hall, concert hall, sports arena, stadium, state park, county park, amusement or theme park, fairground, or carnival.

"Renovated" means any structural remodeling, improvement, or alteration of an existing restroom involving fifty per cent or more of the square footage of the restroom. "Renovated" shall not include:

(1) Reroofing;

(2) Cosmetic remodeling, including painting or the installation of wall covering, of paneling, of floor covering or of suspended ceilings; or

(3) Alteration to an electrical or mechanical system.

"Retrofitted" means any project that:

(1) Includes the modification or replacement of any existing toilet, faucet, sink, urinal, or light with technology that was not readily or economically available at the time of installation of the existing toilet, faucet, sink, urinal, or light; and

(2) Has a total cost in excess of $ .

"Separate-gender toilet facilities" includes groups of portable toilets and other temporary toilet facilities intended to be used by a single gender and installed for an event and intended to be removed after the event."

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 upon its approval.

INTRODUCED BY:	_____________________________