AR
Arkansas House Bill HB1334

Arkansas 2023 Regular Session

Arkansas House Bill HB1334 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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4-State of Arkansas As Engrossed: H2/13/23 1
4+State of Arkansas 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 HOUSE BILL 1334 3
77 4
8-By: Representatives T. Shephard, F. Allen, Ennett, Pilkington, Scott, Springer, Duffield 5
8+By: Representatives T. Shephard, F. Allen, Ennett, Pilkington, Scott, Springer 5
99 By: Senator L. Chesterfield 6
1010 7
1111 For An Act To Be Entitled 8
1212 AN ACT TO CREATE THE RESTROOM ACCESS ACT; TO ALLOW 9
1313 RESTROOM ACCESS TO C USTOMERS WITH CERTAI N ELIGIBLE 10
1414 MEDICAL CONDITIONS; AND FOR OTHER PURPOS ES. 11
1515 12
1616 13
1717 Subtitle 14
1818 TO CREATE THE RESTROOM ACCESS ACT; AND TO 15
1919 ALLOW RESTROOM ACCESS TO CUSTOMERS WITH 16
2020 CERTAIN ELIGIBLE MEDICAL CONDITIONS. 17
2121 18
2222 19
2323 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
2424 21
2525 SECTION 1. Arkansas Code Title 20, Chapter 14, Subchapter 3, is 22
2626 amended to add an additional section to read as follows: 23
2727 20-14-311. Restroom Access Act. 24
2828 (a) This section shall be known and may be cited as the "Restroom 25
2929 Access Act". 26
3030 (b) As used in this section: 27
3131 (1) "Customer" means an individual who is lawfully on the 28
3232 premises of a retail establishment; 29
3333 (2) "Eligible medical condition" means Crohn's disease, 30
3434 ulcerative colitis, any other inflammatory bowel disease, irritable bowel 31
3535 syndrome, or any other medical condition that requires immediate access to a 32
3636 toilet facility; and 33
3737 (3)(A) "Retail establishment" means a place of business open to 34
3838 the public for the sale of goods or services. 35
39- (B) "Retail establishment" does not include a filling 36 As Engrossed: H2/13/23 HB1334
39+ (B) "Retail establishment" does not include a filling 36 HB1334
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4444 station or service station with a structure of eight hundred square feet (800 1
4545 sq. ft.) or less that has an employee toilet facility located within that 2
4646 structure. 3
4747 (c) A retail establishment that has a toilet facility for its 4
4848 employees shall allow a customer to use that facility during normal business 5
4949 hours if the employee toilet facility is reasonably safe and all of the 6
5050 conditions under this subsection are met: 7
5151 (1) The customer requesting the use of the employee toilet 8
5252 facility provides the retail establishment with evidence of the customer's 9
5353 eligible medical condition that ma y include: 10
5454 (A) A copy of a statement signed by a physician, advanced 11
5555 practice registered nurse, physician assistant, or another person acting 12
5656 under the delegation and supervision of a licensed physician that indicates 13
5757 that the customer suffers from an eligible medical condition or uses an 14
5858 ostomy device; or 15
5959 (B) An identification card that is issued by a nationally -16
60-recognized health organization which indicates that the customer suffers from 17
61-an eligible medical condition or uses an ostomy device; 18
62- (2) Three (3) or more employees of the retail establishment are 19
63-working at the time the customer requests use of the employee toilet 20
64-facility; 21
65- (3) The retail establishment does not normally make a restroom 22
66-available to the public; 23
67- (4) The employee toilet facility is not located in an area where 24
68-providing access would create an obvious health or safety risk to the 25
69-customer or an obvious security risk to the retail establishment; and 26
70- (5) A public restroom is not immediately accessible to the 27
71-customer. 28
72- (d) A customer who uses an employee toilet facility under this section 29
73-shall leave the employee toilet facility in the same condition as the toilet 30
74-facility was before the customer used the employee toilet facilit y. 31
75- (e) In providing access to an employee toilet facility under this 32
76-section, the retail establishment or an employee of a retail establishment 33
77-does not owe the customer to whom access is provided a greater degree of care 34
78-than is owed to a licensee on th e premises. 35
79- (f) A retail establishment or an employee of a retail establishment is 36 As Engrossed: H2/13/23 HB1334
60+recognized health organization or local health department which indicates 17
61+that the customer suffers from an eligible medical condition or uses an 18
62+ostomy device; 19
63+ (2) Three (3) or more employees of the retail establishment are 20
64+working at the time the customer requests use of the employee toilet 21
65+facility; 22
66+ (3) The retail establishment does not normally make a restroom 23
67+available to the publ ic; 24
68+ (4) The employee toilet facility is not located in an area where 25
69+providing access would create an obvious health or safety risk to the 26
70+customer or an obvious security risk to the retail establishment; and 27
71+ (5) A public restroom is not immediately accessible to the 28
72+customer. 29
73+ (d) A customer who uses an employee toilet facility under this section 30
74+shall leave the employee toilet facility in the same condition as the toilet 31
75+facility was before the customer used the employee toilet facility. 32
76+ (e) In providing access to an employee toilet facility under this 33
77+section, the retail establishment or an employee of a retail establishment 34
78+does not owe the customer to whom access is provided a greater degree of care 35
79+than is owed to a licensee on the premises. 36 HB1334
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84-not civilly liable for any act or omission in allowing a customer to use an 1
85-employee toilet facility that is not a public restroom if the act or 2
86-omission: 3
87- (1) Is not willfuly or grossly negligent; 4
88- (2) Occurs in an area of the retail establishment that is not 5
89-accessible to the public; and 6
90- (3) Results in an injury to or death of the customer or any 7
91-individual other than an employee accompanying the customer. 8
92- (g) A retail establishment is not required to make any physical 9
93-changes to an employee toilet facility under this section. 10
94- 11
95-/s/T. Shephard 12
96- 13
97- 14
84+ (f) A retail establishment or an employee of a retail establishment is 1
85+not civilly liable for any act or omission in allowing a customer to use an 2
86+employee toilet facility that is not a public restroom if the act or 3
87+omission: 4
88+ (1) Is not willfuly or gro ssly negligent; 5
89+ (2) Occurs in an area of the retail establishment that is not 6
90+accessible to the public; and 7
91+ (3) Results in an injury to or death of the customer or any 8
92+individual other than an employee accompanying the customer. 9
93+ (g) A retail establishment is not required to make any physical 10
94+changes to an employee toilet facility under this section. 11
95+ (h) A retail establishment or an employee of a retail establishment 12
96+that violates subsection (c) of this section commits a violation and is 13
97+subject to a fine of not more than one hundred dollars ($100). 14
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