SB2913 SD1

SECTION 1. The legislature finds that in 2004, Allyson Bain, a fourteen-year-old Crohn's disease patient, was shopping with her mother at a large retail establishment in Illinois when she experienced a sudden need to use the restroom. But there were no public restrooms nearby, and Ms. Bain was denied access to the employees only restroom of the establishment, resulting in an accident. Thereafter, Ms. Bain and her mother worked with their state representative to introduce and pass a bill to permit patrons access to employees only bathrooms if the patron has a legitimate medical condition and urgent need. The bill, informally known as Ally's law, was passed into law in 2005.

The legislature further finds that individuals with certain medical conditions, including but not limited to Crohn's disease and inflammatory bowel disease, may experience urgent restroom needs. Since the passage of Ally's law, fifteen states have passed similar legislation, including Colorado, Connecticut, Delaware, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Ohio, Oregon, Tennessee, Texas, Washington, and Wisconsin. Ally's law falls under the Americans with Disabilities Act of 1990.

The purpose of this Act is to extend the protections of Ally's law to this State by requiring retail establishments operating within the State, with an employees only restroom, to permit a patron suffering from eligible medical conditions to use that restroom during normal business hours.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§321- Retail establishment; restroom access; eligible medical condition. (a) A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours; provided that the following conditions are met:

(1) The customer requesting the use of the employee toilet facility suffers from an eligible medical condition and provides the retail establishment with proof of an eligible medical condition, in the form of:

(A) A statement signed by a physician; or

(B) A specially issued card from a health organization or state health agency;

(2) Three or more employees of the retail establishment are working and physically present on the premises of the retail establishment at the time the customer requests use of the employee toilet facility;

(3) The retail establishment does not have a public restroom that is immediately accessible to the customer;

(4) The employee toilet facility is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment; and

(5) A public restroom is not immediately accessible to the customer.

(b) A retail establishment or an employee of a retail establishment shall not be civilly liable for damages arising from any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom; provided that the act or omission is:

(1) Not wilful or grossly negligent;

(2) Occurs in an area of the retail establishment that is not accessible to the public; and

(3) Results in an injury to or death of the customer or any individual other than an employee accompanying the customer.

(c) A retail establishment shall not be required to make any physical changes to an employee toilet facility for the purposes of this section.

(d) Any retail establishment or employee of a retail establishment who violates this section shall be fined not more than $100 for each violation.

(e) For the purposes of this section:

"Customer" means an individual who is lawfully on the premises of a retail establishment.

"Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility.

"Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.

"Retail establishment" means a place of business open to the general public for the sale of goods or services. "Retail establishment" does not include a retail service station, with a structure of eight hundred square feet or less, that has an employee toilet facility located within that structure."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2050.

Report Title:

Restroom Access; Customer; Retail Establishment

Description:

Requires a retail establishment with an employee toilet facility to allow a customer suffering from an eligible medical condition to use that restroom during normal business hours, under certain conditions. Exempts a retail establishment and employees from civil liability in allowing an eligible customer to use an employee toilet facility. Establishes fines. Effective 1/1/2050. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	2913
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII