SB 2268

THE SENATE
S.B. NO.
2268
THIRTY-THIRD LEGISLATURE, 2026
S.D. 2
STATE OF HAWAII
H.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO EQUITY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Chapter 489,
Hawaii Revised Statutes, is amended by adding a new part to be appropriately
designated and to read as follows:
"Part     .� Universal Changing Accommodations
���� �489-A� Definitions.� As used in this part:
���� "New establishment" means a place
of public accommodation or public entity construction that is planned and
designed after July 31, 2027.�
���� "Public entity" has the same
meaning as defined in title 42 United States Code section 12131.
���� "Public entity construction"
means any building construction project or program initiated by a public entity
or that utilizes public entity funds.
���� "Restroom for public use" means a
restroom for a place of public accommodation or public entity construction that
is accessible to persons other than employees.
���� "Universal changing
accommodation" means a powered, height‑adjustable adult changing
station that is floor- or wall‑mounted and installed within an enclosed
restroom facility in a restroom for public use.
���� �489-B� Universal changing accommodations; required.� (a)�
Each new establishment shall provide, at a minimum, one universal
changing accommodation within the building in a restroom for public use, as
follows:
���� (1)� Two
universal changing accommodations for establishments utilizing
gender-designated restrooms; provided that at least one is designated for or
accessible by women and at least one is designated for or accessible by men; or
���� (2)� One
universal changing accommodation that is accessible to people of any gender
identity or expression.
���� (b)�
Each new establishment shall conspicuously post signage indicating the
location of each universal changing accommodation.
���� (c)�
A violation of this section shall constitute an unlawful discriminatory
practice pursuant to this chapter.
���� �489-C� Construction documents.� Construction documents for each new
establishment shall specify whether a restroom is a restroom for public use and
the location of each universal changing accommodation within a restroom for
public use pursuant to section 489-B.
���� �489-D� Undue burden exemption.� A new establishment shall not be subject to
the provisions of this part if compliance would create an undue burden.� Compliance shall be deemed to create an undue
burden if:
���� (1)� The
construction of a universal changing accommodation in compliance with this part
is technically infeasible as the term is defined in the 2010 Americans with
Disabilities Act Standards for Accessible Design, title 28 Code of Federal
Regulations part 36, appendix D, section 106.5; or
���� (2)� The
cost of providing universal changing accommodations exceeds ten per cent of the
cost of constructing, purchasing, or substantially modifying the new
establishment.
���� �489-E� Violations; unlawful discriminatory practice;
private cause of action.� (a)� Any person who is injured by an unlawful
discriminatory practice pursuant to this part may bring proceedings to enjoin
the unlawful discriminatory practice.� If
the judgment is for the plaintiff, the plaintiff shall be awarded:
���� (1)� Reasonable
attorneys' fees;
���� (2)� The
cost of the suit; and
���� (3)� The
sum of $100.
���� (b)�
Any action under this part shall be subject to the jurisdiction of the
district courts pursuant to chapter 604 and may be commenced and conducted in
the small claims division of the district court.
���� �489-F� Exclusion from 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 civil rights commission.
���� �489-G�
Exemption.� This part shall not apply to public school
facilities.
���� For the purposes of this section, "public
school facility" means any building, structure, or portion thereof that
is owned, leased, or operated by the department of education for the
primary purpose of providing elementary or secondary education, including
classrooms, administrative offices, and restrooms that serve students enrolled
in grades kindergarten through twelve."
���� SECTION 2.� Section 489-6, Hawaii Revised Statutes, is
amended to read as follows:
���� "�489-6� Complaint against unfair
discrimination; reporting requirements.�
The civil rights commission shall receive complaints of unfair
discriminatory treatment in public accommodations in accordance with the
procedures established under chapter 368; provided that this section shall not
apply to complaints under part II [[of this chapter.]] or
    ."
���� SECTION 3.� Section 489-7.5, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
���� "(a)�
Any person who is injured by an unlawful discriminatory practice, other
than an unlawful discriminatory practice under part II [[of this chapter,]]
or     , may:
���� (1)� Sue
for damages sustained, and, if the judgment is for the plaintiff, the plaintiff
shall be awarded a sum not less than $1,000 or threefold damages by the
plaintiff sustained, whichever sum is the greater, and reasonable attorneys'
fees together with the costs of suit; and
���� (2)� Bring
proceedings to enjoin the unlawful discriminatory practices, and if the decree
is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees
together with the cost of suit."
���� SECTION 4.� Section 489-8, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
���� "(c)�
This section shall not apply to violations of part II [[of this
chapter.]] or     ."
���� SECTION 5.�
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
���� SECTION 6.�
If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.
���� SECTION 7.�
In codifying the new sections added by section 1 of this Act, the
revisor of statutes shall substitute appropriate section numbers for the
letters used in designating the new sections in this Act.
���� SECTION 8.�
Statutory material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION 9.�
This Act shall take effect upon its approval.
Report Title:
Equity;
Universal Changing Accommodations; Public Accommodations; Public Entity
Construction; Exemptions
Description:
Requires
all places of public accommodation and public entity construction projects
planned and designed after 7/31/2027 to provide at least one universal changing
accommodation within the building in a public restroom, with certain
exceptions.� Makes conforming amendments
to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the
provisions. �(CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.