STAND. COM. REP. NO. 1410

Honolulu, Hawaii

RE: H.B. No. 1145

H.D. 1

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 Government Operations, to which was referred H.B. No. 1145, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EQUITY,"

begs leave to report as follows:

The purpose and intent of this measure is to require all places of public accommodation and state building construction that is constructed after December 31, 2023, to provide universal changing accommodations in public restrooms.

Your Committee received testimony in support of this measure from State Council on Developmental Disabilities, Disability and Communication Access Board, Hawaii State Public Library System, Rainbow Family 808, Epilepsy Foundation of Hawaii, Stonewall Caucus of the Democratic Party of Hawai‘i, and four individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Accounting and General Services and Hawai‘i Civil Rights Commission.

Your Committee finds that families and caregivers of people with disabilities should have equal opportunity to participate in as many civic activities and outings as possible. However, they must often plan or research their trip or daily activities to ensure that accessible spaces are included along their path of travel, taking into consideration the disability-friendly rest areas that provide a safe and dignified toileting area along a certain route. Implementing universal changing accommodations will ensure that people with disabilities have more equity in access, removing barriers to travel that currently hamper full participation and integration in daily activities. This measure will greatly increase access to public spaces for people with disabilities.

Your Committee acknowledges the concern raised in testimony that this measure does not allow state agencies to reasonably redesign projects already in progress to meet its requirements and could lead to numerous claims for hardship due to unreasonable time constraints. Accordingly, an amendment to this measure is necessary to address this concern.

Therefore, your Committee has amended this measure by clarifying that bids for state building construction projects submitted after June 30, 2024, shall include universal changing accommodations, where feasible and cost effective.

As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1145, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1145, H.D. 1, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Government Operations,

________________________________

ANGUS L.K. MCKELVEY, Chair