HB 468: RELATING TO TRANSPORTATION.

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Act 57, Session Laws of Hawaii 2022 established a statewide regulation of transportation network companies to provide operational consistency across the State and a permitting process within the department of transportation.

     The legislature further finds that transportation network companies are required to adopt a policy of non-discrimination on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression with respect to riders and potential riders and notify the transportation network company drivers of the policy.

     The legislature additionally finds that transportation network company drivers are required to comply with all applicable laws to accommodate service animals.  Despite these requirements, there have been many reports of passengers being denied service by drivers due to being accompanied by a service animal.

     Accordingly, the purpose of this Act is to require the civil rights commission to receive and investigate complaints related to acts of discrimination committed by transportation network company drivers and report its findings to the department of transportation, which shall issue penalties to transportation network companies.

     SECTION 2.  Chapter 279J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§279J-     Complaint against unfair discrimination; service animals; civil rights commission.  (a)  The civil rights commission shall receive complaints of unfair discriminatory treatment of riders by transportation network company drivers in violation of section 279J-10(c) in accordance with the procedures established under chapter 368.

     (b)  The civil rights commission shall complete their investigation and respond to the complaint within      days after receiving a complaint."

     SECTION 3.  Section 279J-10, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§279J-10[]]  Non-discrimination; accessibility.  (a)  The transportation network company shall adopt a policy of non‑discrimination on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression with respect to riders and potential riders and shall notify transportation network company drivers of the policy.  The transportation network company shall be accountable for and ensure compliance with this section.

     (b)  In addition to any policy established pursuant to subsection (a), transportation network company drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression.

     (c)  Transportation network company drivers shall comply with all applicable laws to accommodate service animals.  For purposes of this subsection, "service animal" has the same meaning as [defined] in section 347-2.5.

     (d)  A transportation network company shall not impose additional charges for providing services to persons with physical disabilities.

     (e)  Notwithstanding section 279J-11, when the civil rights commission, pursuant to section 279J-   , has found that a transportation network company driver has violated subsection (c), the civil rights commission shall report the results of its investigation of the complaint to the department, which shall issue penalties to the transportation network company as follows:

     (1)  For each violation, a fine of $5,000;

     (2)  For three violations within a period of twelve consecutive months, a warning that the transportation network company's permit is at risk of suspension; and

     (3)  For ten or more cumulative violations, suspension of a transportation network company's permit for a period of no less than twelve consecutive months.

The department shall make the penalties established pursuant to this section publicly available on the department's website."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Transportation Network Companies; Civil Rights Commission; Discrimination; Service Animals; Violations; Penalties; Fines

Description:

Requires the Civil Rights Commission to receive and investigate complaints related to acts of discrimination committed by transportation network company drivers against riders with service animals and report the results of its investigation to the Department of Transportation, which shall issue penalties to transportation network companies.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to transportation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that chapter 279J, Hawaii Revised Statutes, was enacted to establish statewide regulation of transportation network companies to provide operational consistency across the State and establish a permitting process within the department of transportation.

     The legislature further finds that transportation network companies are required to adopt a policy of non-discrimination on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression with respect to riders and potential riders and notify the transportation network company drivers of the policy.

     The legislature additionally finds that transportation network company drivers are required to comply with all applicable laws to accommodate service animals.  Despite these requirements, there have been many reports of passengers being denied service by drivers due to being accompanied by a service animal.

     Accordingly, the purpose of this Act is to require the civil rights commission to receive and investigate complaints related to acts of discrimination committed by transportation network company drivers and report its findings to the department of transportation, which shall issue penalties to transportation network companies.

     SECTION 2.  Chapter 279J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§279J-     Complaint against unfair discrimination; service animals; civil rights commission.  The civil rights commission shall receive complaints of unfair discriminatory treatment of riders by transportation network company drivers in violation of section 279-10(c) in accordance with the procedures established under chapter 368."

     SECTION 3.  Section 279J-10, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§279J-10[]]  Non-discrimination; accessibility.  (a)  The transportation network company shall adopt a policy of non‑discrimination on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression with respect to riders and potential riders and shall notify transportation network company drivers of the policy.  The transportation network company shall be accountable for and ensure compliance with this section.

     (b)  In addition to any policy established pursuant to subsection (a), transportation network company drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression.

     (c)  Transportation network company drivers shall comply with all applicable laws to accommodate service animals.  For purposes of this subsection, "service animal" has the same meaning as defined in section 347-2.5.

     (d)  A transportation network company shall not impose additional charges for providing services to persons with physical disabilities.

     (e)  Notwithstanding section 279J-11, when the civil rights commission, pursuant to section 279J-   , has found that a transportation network company driver has violated subsection (c), the civil rights commission shall report the results of its investigation of the complaint to the department, which shall issue penalties to the transportation network company as follows:

     (1)  For each violation, a fine of $5,000;

     (2)  For three violations within a period of twelve consecutive months, a warning that the transportation network company's permit is at risk of suspension; and

     (3)  For ten or more cumulative violations, suspension of a transportation network company's permit for a period of no less than twelve consecutive months.

The department shall make the penalties established pursuant to this section publicly available on the department's website."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Transportation Network Companies; Civil Rights Commission; Discrimination; Service Animals; Violations; Penalties; Fines

Description:

Requires the Civil Rights Commission to receive and investigate complaints related to acts of discrimination committed by transportation network company drivers against riders with service animals and report the results of its investigation to the Department of Transportation, which shall issue penalties to transportation network companies.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  165

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 468

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 468 entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to require the Civil Rights Commission to receive and investigate complaints related to acts of discrimination committed by transportation network company drivers against riders with service animals and report the results of its investigation to the Department of Transportation, which shall issue penalties to transportation network companies.

     Your Committee received testimony in support of this measure from the National Federation of the Blind of Hawaii; Hawaii Disability Rights Center; and numerous individuals.  Your Committee received testimony in opposition to this measure from Uber.  Your Committee received comments on this measure from Lyft.

     Your Committee finds that despite existing regulations, there have been numerous reports of transportation network company drivers refusing service to passengers accompanied by service animals.  This discriminatory practice undermines the rights of individuals with disabilities and hinders their ability to access transportation services.  This measure ensures that individuals with disabilities are not unfairly denied access to transportation services, thereby upholding their rights and promoting equal access for all.

     Your Committee has amended this measure by:

     (1)  Requiring the Civil Rights Commission to complete their investigation and respond to the complaint within an unspecified number of days after receiving a complaint;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  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 Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 468, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 468, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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