changing stations; public entities

HB4133 - 572R - I Ver

REFERENCE TITLE:
changing stations; public entities

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4133

Introduced by

Representative
Abeytia

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:

START_STATUTE
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.
END_STATUTE

Sec. 2. Title 41, chapter 14, article 1,
Arizona Revised Statutes, is amended by adding section 41-1971, to read:

START_STATUTE
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.
END_STATUTE