Bill Text: HI SB2425 | 2022 | Regular Session | Introduced
Bill Title: Relating To Accessibility.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2022-01-24 - Referred to HTH, JDC . [SB2425 Detail]
Download: Hawaii-2022-SB2425-Introduced.html
THE SENATE |
S.B. NO. |
2425 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to ACCESSIBILITY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section 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 any damages arising from an 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:
(1) Is 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 modification 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 automobile service station, with a structure of eight hundred square
feet or less, that has an employee toilet facility located within that structure."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2022.
INTRODUCED BY: |
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Report Title:
Restroom Access; Retail Establishment; Eligible Medical Condition
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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.