Text of AR HB 1882 (2021)

Stricken language would be deleted from and underlined language would be added to present law. *MLD130* 04/06/2021 2:57:01 PM MLD130 State of Arkansas 1 93rd General Assembly A Bill 2 Regular Session, 2021 HOUSE BILL 1882 3 4 By: Representatives Crawford, B. Smith, Bentley 5 By: Senator G. Stubblefield 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE ARKANSAS PRIVACY ACCOMMODATIONS 9 ACT; TO AMEND THE LAW CONCERNING PUBLIC PROPERTY; AND 10 FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO CREATE THE ARKANSAS PRIVACY 15 ACCOMMODATIONS ACT; AND TO AMEND THE LAW 16 CONCERNING PUBLIC PROPERTY. 17 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code Title 22, Chapter 3, is amended to add an 22 additional subchapter to read as follows: 23 Subchapter 21 – Arkansas Privacy Accommodations Act 24 25 22-3-2101. Title. 26 This subchapter shall be known and may be cited as the "Arkansas 27 Privacy Accommodations Act". 28 29 22-3-2102. Definitions. 30 As used in this subchapter: 31 (1)(A) “Changing facility” means a facility in which a person may be 32 in a state of undress in the presence of others. 33 (B) "Changing facility" includes without limitation a: 34 (i) Locker room; 35 (ii) Changing room; and 36 HB1882 2 04/06/2021 2:57:01 PM MLD130 (iii) Shower room; 1 (2) “Government building” means a building or structure, or the 2 specific area of a building or structure, that is owned, leased, or otherwise 3 under the control of a government entity; 4 (3) “Government entity” means a: 5 (A) State agency; 6 (B) Political subdivision of the state; 7 (C) Public primary or secondary school; and 8 (D) Public institution of higher education; 9 (4) “Restroom” means a facility that includes one (1) or more 10 toilets or urinals; and 11 (5)(A) “Sex” means a person’s immutable biological sex as 12 objectively determined by anatomy and genetics existing at the time of birth. 13 (B) Evidence of a person’s biological sex includes without 14 limitation any government-issued identification document that accurately 15 reflects a person's sex. 16 17 22-3-2103. Government entity to provide reasonable accommodation. 18 (a) A government entity shall provide a reasonable accommodation to a 19 person who: 20 (1) For any reason, is unwilling or unable to use a multi- 21 occupancy restroom or changing facility that is: 22 (A) Designated for the person’s sex; and 23 (B) Located within a government building; and 24 (2) Submits a written request to the government entity that the 25 government entity provide a reasonable accommodation. 26 (b)(1) A reasonable accommodation may include, without limitation: 27 (A) Access to a single-occupancy restroom or changing 28 facility; or 29 (B) Controlled use of an employee restroom or changing 30 facility. 31 (2) A reasonable accommodation does not include access to a 32 restroom or changing facility that is designated for use by members of the 33 opposite sex while persons of the opposite sex are present or could be 34 present. 35 (c) This section does not prohibit a government entity from adopting 36 HB1882 3 04/06/2021 2:57:01 PM MLD130 policies necessary to accommodate persons protected under the Americans with 1 Disabilities Act of 1990, Pub. L. No. 101-336, or young children in need of 2 physical assistance when using a restroom or changing facility located in a 3 government building. 4 5 22-3-2104. Private cause of action – Penalties. 6 (a) A person whose written request for a reasonable accommodation is 7 denied by a government entity has a private cause of action against the 8 government entity unless the government entity can demonstrate that the 9 reasonable accommodation would cause an undue hardship. 10 (b) A person has a private cause of action against a government entity 11 if the person: 12 (1) Encounters a member of the opposite sex in a multi-occupancy 13 restroom or changing facility that: 14 (A) Is designated for the person’s sex; 15 (B) Is located in a government building; and 16 (C) The government entity gave the member of the opposite 17 sex permission to use the multi-occupancy restroom or changing facility; or 18 (2)(A) Is required by the government entity to share sleeping 19 quarters with a member of the opposite sex, and the government entity gave 20 the member of the opposite sex permission to use the sleeping quarters. 21 (B) Subdivision (b)(2)(A) of this section does not apply 22 if the persons sharing sleeping quarters are members of the same family. 23 (c)(1) A claim arising under this section shall be brought in the 24 state or federal trial court in whose jurisdiction either the person or the 25 government entity resides at the time of filing; or 26 (2) A claim arising against the State of Arkansas under this 27 section shall be filed with the Arkansas State Claims Commission under § 19- 28 10-208. 29 (d) All civil actions brought under this section shall be initiated 30 within two (2) years after the violation occurred. 31 (e) A person aggrieved under this section who prevails in court or in 32 the Arkansas Claims Commission may recover monetary damages for all 33 psychological, emotional, and physical harm suffered. 34 (f) A person who prevails on a claim brought under this section is 35 entitled to recover reasonable attorney's fees and costs. 36 HB1882 4 04/06/2021 2:57:01 PM MLD130 (g) This section does not limit other remedies at law or equity 1 available to the aggrieved person against the government entity that controls 2 the government building. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36