Text of AZ SCR 1038 (2026)

REFERENCE TITLE: public buildings; accommodations; requirements State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026 SCR 1038 Introduced by Senator Kavanagh A CONCURRENT RESOLUTION ENACTING AND ORDERING THE SUBMISSION TO THE PEOPLE OF A MEASURE RELATING TO PUBLIC buildings. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring: 1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to public buildings, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor: AN ACT AMENDING TITLE 41, CHAPTER 9, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1445; RELATING TO PUBLIC buildings. Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 41-1445, to read: START_STATUTE41-1445. Public buildings; reasonable accommodations; restrooms; cause of action; definitions A. A public entity shall provide reasonable accommodations to any person if all of the following apply: 1. The person, for any reason, is unwilling or unable to use a multiple occupancy restroom that is designated for the person's sex and that is located in a public building. 2. The person Requests in writing a reasonable accommodation from A public entity. 3. the person submits satisfactory evidence of the person's sex to the public entity. B. A reasonable accommodation may include either of the following: 1. Access to a single-occupancy restroom. 2. Use of an employee restroom. C. A reasonable accommodation does not include access to a restroom that is designated for use by persons of the opposite sex while persons of the opposite sex are present. D. A public entity may adopt policies to implement this section, which may include: 1. Provisions necessary to accommodate persons protected under the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 327; 42 United States Code sections 12101 through 12213) or young children or patients who need physical assistance when using restrooms that are located in public buildings. 2. provisions authorizing a person to enter a multiple occupancy restroom that is designated for use by persons of the opposite sex if the person enters the multiple occupancy restroom for one of the following purposes: (a) To perform custodial or maintenance services while the multiple occupancy restroom is unoccupied. (b) To provide emergency medical assistance. (c) To maintain order or address a serious threat to safety during an emergency situation, including a natural disaster. E. Any person whose written request for a reasonable accommodation under this section is denied by the public entity or an employee of a public entity has a private cause of action against the public entity unless the public entity can demonstrate that the accommodation would cause an undue hardship. F. Except as provided in subsection G of this section, a person has a private cause of action against A public entity if both of the following conditions are met: 1. The person, While in a multiple occupancy restroom that is designated for the person's sex and that is located in a public building, encounters someone of the opposite sex. 2. The public entity or an employee of the public entity gave the person of the opposite sex permission to use the restroom. G. A person does not have a private cause of action under subsection F of this section if either of the following applies: 1. The person of the opposite sex is a young child who is accompanied by an adult who is not a person of the opposite sex. 2. The person of the opposite sex is present in the multiple occupancy restroom consistent with the policies adopted pursuant to subsection D of this section. h. Any claims arising under this section must be brought in superior court in the county where the aggrieved person resides at the time of filing. I. All civil actions brought pursuant to this section must be initiated within two years after the alleged violation occurred. J. Any person who prevails on a claim brought pursuant to this section: 1. May recover monetary damages for all psychological, emotional and physical harm suffered. 2. Is entitled to recover reasonable attorney fees and costs. K. This section does not limit other remedies at law or equity that are available to the aggrieved person against A public entity in This state. L. For the purposes of this section: 1. "Public entity" has the same meaning prescribed in section 41-1444. 2. "Restroom" means a facility that includes one or more toilets or urinals. 3. "Satisfactory evidence" means either: (a) A person's original birth certificate. (b) A person's amended, corrected or otherwise modified birth certificate with a written statement by a physician attesting that the biological sex registered on the birth certificate is consistent with the person's chromosomal count. 4. "Sex" means a person's immutable biological sex as determined by anatomy, physiology, genetics and hormones existing at the time of the person's birth. END_STATUTE Sec. 4. Severability If a provision of this act or its application 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. 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.