STAND. COM. REP. NO. 548

Honolulu, Hawaii

RE: S.B. No. 753

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 753 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;

(2) Exempt retail establishments and employees from civil liability in allowing an eligible customer to use an employee toilet facility in certain circumstances; and

(3) Establish fines for retail establishments and employees of retail establishments who violate the requirement.

Your Committee received testimony in support of this measure from the Hawai‘i Civil Rights Commission and four individuals. Your Committee received testimony in opposition to this measure from the Retail Merchants of Hawaii and Hawaii Association for Justice.

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 notes this measure represents a good starting point warranting additional consideration. Accordingly, your Committee acknowledges the importance of this measure and urges its supporters to consider requesting a resolution encouraging further development of this legislation.

Your Committee has amended this measure by inserting an effective date of December 31, 2050, to encourage further discussion.

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

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

________________________________

JOY A. SAN BUENAVENTURA, Chair