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REFERENCE TITLE: changing stations; public entities |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4133 |
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Introduced by Representative Abeytia
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AN ACT
Amending section 41-1444, Arizona Revised Statutes; amending title 41, chapter 14, article 1, Arizona Revised Statutes, by adding section 41-1971; relating to public ACCOMMODATIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1444, Arizona Revised Statutes, is amended to read:
41-1444. Changing stations; public buildings; public accommodations; exemptions; applicability; violation; civil penalties; definitions
A. A public entity that constructs a new restroom that is accessible to the public in a public building or that totally renovates an existing restroom that is accessible to both men and women and to the public in a public building shall:
1. Include in at least one restroom in each building at least one a changing station that is capable of serving both a baby, an older child and an adult and that is accessible to both men and women in all restrooms and family rooms in each building. the changing stations pursuant to this section shall be compliant with 2024 International Business Code chapter 11, section 1110.4.
2. Provide signage at or near the entrance to the changing station indicating the location of the changing station.
3. Indicate the location of the changing station in the central building directory, if such a directory exists.
2. Post the location of all changing stations on the public entity's website.
B. The responsible authority may grant an exemption from the requirements of this section if the responsible authority determines that:
1. Any of the following would apply to the installation of a changing station that is capable of serving both a baby, an older child and an adult:
(a) The installation would not be feasible.
(b) The installation would result in a failure to comply with the Americans with disabilities act standards for access for persons with disabilities.
(c) The installation would threaten or destroy the historic significance of a historic property.
2. The public building is not frequented by the public.
C. The installation of a changing station under this section must provide sufficient clear floor space to comply with the requirements of the 2010 Americans with disabilities act standards for accessible design.
D. This section does not establish a private right of action.
E. A public entity that fails to comply with the requirements of this section shall be assessed a civil penalty of $1,000 per quarter until the violation is cured.
F. Civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the developmental disabilities grant fund established by section 41-1971.
G. The department of administration shall enforce this section and is the responsible authority for all state agencies in this state. Each county's planning and development department shall enforce this section and is the responsible authority for each county in this state. Each city's or town's planning department shall enforce this section and is the responsible authority for each city or town in this state.
E. H. For the purposes of this section:
1. "Public building" means a building or appurtenance to a building that is built in whole or in part with public monies.
2. "Public entity":
(a) Means any:
(a) (i) State or local government.
(b) (ii) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature.
(b) Does not include any public school buildings or buildings that are owned or operated by any of the following:
(i) A school district.
(ii) A career technical education district.
(iii) A community college district.
(iv) A university under the jurisdiction of the Arizona board of regents.
3. "Responsible authority" means an organization, office or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation or a procedure.
4. "Totally renovates" means to perform construction that is at least $50,000 and that totally removes all nonstructural interior walls, floor and ceiling finishes, mechanical systems, electrical systems and plumbing fixtures and supply and waste lines.
5. "2010 Americans with disabilities act standards for accessible design" means the 2010 standards for state and local government facilities prescribed in 28 Code of Federal Regulations section 35.151 and 36 Code of Federal Regulations part 1191, appendices B and D.
Sec. 2. Title 41, chapter 14, article 1, Arizona Revised Statutes, is amended by adding section 41-1971, to read:
41-1971. Developmental disabilities grant fund; exemption
The DEVELOPMENTAL disabilities grant fund is established consisting of monies deposited pursuant to section 41-1444 and monies appropriated by the legislature. The department shall administer the fund. The department shall distribute monies in the fund TO SUPPORT CAREGIVERS AND INDIVIDUALS WITH DISABILITIES IN THIS STATE. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.