SB864,1,4 1An Act to renumber and amend 101.128; and to create 101.128 (title), 101.128
2(2m) and 101.128 (3m) of the statutes; relating to: requiring the installation
3and identification of diaper changing stations in public buildings and places of
4employment.
Analysis by the Legislative Reference Bureau
With certain exceptions, this bill requires the owner of a public building or place
of employment (commercial building) that is constructed or renovated after the
effective date of the bill and that has restrooms that are open to the public to install
and maintain a diaper changing station in 1) a restroom designated for use by all
genders; or 2) a restroom designated for use by women and a restroom designated for
use by men.
The bill also requires the owner of a commercial building that has restrooms
that are open to the public to identify any restroom in the commercial building that
contains a diaper changing station with an appropriate sign.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB864,1 5Section 1. 101.128 (title) of the statutes is created to read:
SB864,2,1
1101.128 (title) Restrooms.
SB864,2 2Section 2. 101.128 of the statutes is renumbered 101.128 (1m), and 101.128
3(1m) (title), (a) (intro.) and 4. (intro.), (b) (title) and 2., (c) 1. (intro.) and 2. and (d) 1.
4(intro.) and 2., as renumbered, are amended to read:
SB864,2,65 101.128 (1m) (title) Restroom Speed of access equity. (a) Definitions. (intro.)
6In this section subsection:
SB864,2,97 4. (intro.) “Renovation" means any structural remodeling, improvement, or
8alteration of an existing facility where the public congregates structure.
9“Renovation" does not include any of the following:
SB864,2,1010 (b) (title) Restroom requirements Requirements.
SB864,2,1311 2. `Standards.' The department shall promulgate rules that establish
12standards that the owner of a facility where the public congregates shall meet to
13achieve the equal speed of access required under par. (a) subd. 1.
SB864,2,1514 (c) 1. `Exemptions established.' (intro.) This section subsection does not apply
15to any of the following:
SB864,2,1916 2. `Mixed-use facilities.' If a facility where the public congregates contains a
17hotel, restaurant, or school, the requirements of this section shall subsection apply
18only to the portion of the facility where the public congregates that is not part of the
19hotel, restaurant, or school.
SB864,2,2320 (d) 1. `Six months after rules promulgated.' (intro.) This section subsection
21applies to any facility where the public congregates at which the following events
22begin on or after the first day of the 7th month beginning after the department
23promulgates rules under this section subsection:
SB864,3,224 2. `Renovations or additions.' In any existing facility where the public
25congregates to which this section subsection applies under par. (a) 3. to 5. subd. 1.

1c. to e.
, the requirements of this section subsection apply only to the renovated
2portion of the facility or to the structural or land addition of the facility.
SB864,3 3Section 3. 101.128 (2m) of the statutes is created to read:
SB864,3,64 101.128 (2m) Diaper changing stations. (a) The owner of a public building or
5place of employment that contains restrooms that are open to the public shall install
6and maintain diaper changing stations according to one of the following standards:
SB864,3,97 1. If the public building or place of employment contains restrooms that are
8designated for use by only one gender, at least one diaper changing station in a
9women's restroom and at least one diaper changing station in a men's restroom.
SB864,3,1210 2. If the public building or place of employment contains restrooms that are
11designated for use by all genders, at least one diaper changing station in an
12all-gender restroom.
SB864,3,1413 (b) This subsection applies to a public building or place of employment to which
14any of the following applies:
SB864,3,1615 1. The initial construction of the public building or place of employment begins
16on or after the effective date of this subdivision .... [LRB inserts date].
SB864,3,2017 2. Renovation, as defined in sub. (1m) (a) 4., of the public building or place of
18employment that affects more than 50 percent of the square footage of a restroom in
19the public building or place of employment begins on or after the effective date of this
20subdivision .... [LRB inserts date].
SB864,3,2321 3. Renovation, as defined in sub. (1m) (a) 4., of the public building or place of
22employment that costs $10,000 or more begins on or after the effective date of this
23subdivision .... [LRB inserts date].
SB864,3,2524 (c) Notwithstanding par. (b), this subsection does not apply to any of the
25following:
SB864,4,7
11. A public building or place of employment that is an industrial building or bar
2and that does not allow individuals under 18 years of age to enter the premises. In
3this subdivision, “bar” means an establishment that is devoted to the serving of
4alcoholic beverages for consumption on the premises and that derives no more than
510 percent of its gross revenue from the sale of food consumed on the premises and
6includes a tavern, nightclub, cocktail lounge, adult entertainment facility, or
7cabaret.
SB864,4,98 2. A public building or place of employment described under par. (b) 2. or 3. if
9all of the following apply:
SB864,4,1310 a. The owner of the public building or place of employment submits an
11application for a building permit to perform the renovation described under par. (b)
122. or 3. to the local governmental unit with permitting authority along with a request
13for a waiver of the requirements under par. (a).
SB864,4,1814 b. The local governmental unit described under subd. 2. a. determines that
15compliance with par. (a) is not feasible or would cause the public building or place
16of employment to violate federal, state, or local access requirements for individuals
17with disabilities, and the local governmental unit grants the waiver requested under
18subd. 2. a.
SB864,4 19Section 4. 101.128 (3m) of the statutes is created to read:
SB864,4,2420 101.128 (3m) Identification of diaper changing stations. The owner of a
21public building or place of employment that contains restrooms that are open to the
22public shall identify any restroom that contains a diaper changing station with a sign
23on the entrance to the restroom that indicates the location of the diaper changing
24station.
SB864,5 25Section 5. Effective date.
SB864,5,1
1(1) This act takes effect on January 1, 2023.
SB864,5,22 (End)
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