STAND. COM. REP. NO. 2495

Honolulu, Hawaii

RE: S.B. No. 2913

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 2913 entitled:

"A BILL FOR AN ACT RELATING TO ACCESSIBILITY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require 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; and

(2) Exempt a retail establishment and employees from civil liability in allowing an eligible customer to use an employee toilet facility.

Your Committee received testimony in support of this measure from the Hawai‘i Civil Rights Commission, Big Island Ostomy Group, and three individuals. Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice and Retail Merchants of Hawaii. Your Committee received comments on this measure from the Department of Health.

Your Committee finds that individuals with certain medical conditions, including Crohn's disease and inflammatory bowel disease, may experience urgent restroom needs. This is especially problematic while the individual is in a retail location where there are no public restrooms. A model law entitled Ally's law, requires retail establishments to allow patrons access to employees only bathrooms if the patron has a legitimate medical condition and urgent need. This measure adopts Ally's law in Hawaii.

Your Committee has amended this measure by:

(1) Inserting an effective date of January 1, 2050, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2913, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2913, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health,

________________________________

JARRETT KEOHOKALOLE, Chair