STAND. COM. REP. NO. 1353

Honolulu, Hawaii

, 2023

RE: S.B. No. 753

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 753, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ACCESSIBILITY,"

begs leave to report as follows:

The purpose of this measure is to require any retail establishment with an employee-only restroom to permit a customer suffering from an eligible medical condition to use that restroom during normal business hours under certain condition.

Your Committee received testimony in support of this measure from the Hawai‘i Civil Rights Commission, Disability and Communication Access Board, Big Island Ostomy Group, and one individual. Your Committee received testimony in opposition to this measure from the Retail Merchants of Hawaii and ABC Stores. Your Committee received comments on this measure from the Hawaii Association for Justice.

Your Committee finds that many individuals with medical conditions that require frequent or urgent access to a restroom feel housebound or limited in their daily activities due to the need to be near a restroom. This measure would allow these individuals to live more freely, increase business for smaller retailers, and promote awareness of disabilities and the need for access.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 753, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 753, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair