SB 2852: Hawaii Civil Rights Commission; Discrimination in Public Accommodations; Persons with Disabilities; Discriminatory Practices; Rulemaking; Digital Accessibility

A BILL FOR AN ACT

RELATING TO CIVIL RIGHTS.

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

     SECTION 1.  The legislature finds that the information age is changing how providers of public accommodations and public services communicate with their customers.  Many service providers use websites, software applications, and other technologies to take reservations, display menus, take orders, make sales, and provide product information.

     The legislature recognizes that ready access to, and the ability to use, information and communication technology is essential to allow all citizens to fully engage with and enjoy public goods, services, facilities, privileges, advantages, and accommodations.  However, the legislature is aware that some websites and applications used by public accommodation providers in the State are not accessible to persons with disabilities, denying them full and equal access.

     The legislature also recognizes that existing federal and state laws that prohibit discrimination in public accommodations based on disability could better inform providers of public accommodations and benefit persons with disabilities by clarifying requirements for electronic access.

     The legislature further finds that the technical standards, definitions, compliance schedules, and enforcement procedures necessary to implement digital accessibility requirements are regulatory in nature.  These matters are best addressed through administrative rulemaking, which allows for public participation by persons with disabilities, businesses of all sizes, and other interested parties, and allows for updating as technology evolves.

     The legislature additionally finds that the Hawaii civil rights commission has existing statutory authority to define, implement, and enforce the prohibition against discriminatory practices by places of public accommodation, and that this authority extends to discriminatory practices carried out through information and communication technology.  Explicit rulemaking authority will confirm and give effect to that authority and provide clear, workable guidance to the disability community and business community.

     The legislature notes that a working draft of proposed rules has been prepared for consideration by the Hawaii civil rights commission.

     Accordingly, the purpose of this Act is to:

     (1)  Direct the Hawaii civil rights commission to adopt rules implementing the prohibition against the use of inaccessible information and communication technology, consistent with the United States Department of Justice Title II web accessibility framework; and

     (2)  Establish that it is an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related thereto, by requiring the use of information and communication technology that is not accessible to the person with a disability.

     SECTION 2.  Chapter 489, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§489-     Digital accessibility; rulemaking.  (a)  The civil rights commission shall adopt rules pursuant to chapter 91 to implement the prohibition established in section 489-5(c).

     (b)  The rules adopted pursuant to this section shall be consistent with the web accessibility framework established by the United States Department of Justice in its Title II final rule on web accessibility, title 28 Code of Federal Regulations part 35, as in effect on June 24, 2024.

     (c)  A violation of rules adopted pursuant to this section shall constitute an unlawful discriminatory practice under this chapter, subject to all remedies available under this chapter.  The civil rights commission shall process complaints alleging such violations pursuant to its authority under this chapter and its procedural rules under chapter 368."

     SECTION 3.  Section 489-5, Hawaii Revised Statutes, is amended to read as follows:

     "§489-5  Other discriminatory practices.  (a)  It [is] shall be a discriminatory practice for two or more persons to conspire[:] to:

     (1)  [To retaliate] Retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;

     (2)  [To aid,] Aid, abet, incite, or coerce a person to engage in a discriminatory practice; or

     (3)  Wilfully[, to] obstruct[,] or prevent[,] a person from complying with this chapter.

     (b)  It [is] shall be a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public [accommodations] accommodation because of the known disability of an individual with whom the person is known to have a relationship or association.

     (c)  It shall be a discriminatory practice to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related to the goods, services, facilities, privileges, advantages, or accommodations, by requiring the use of information and communication technology that is not accessible to the person."

     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 upon its approval.

Report Title:

Hawaii Civil Rights Commission; Discrimination in Public Accommodations; Persons with Disabilities; Discriminatory Practices; Rulemaking; Digital Accessibility

Description:

Requires the Hawaii Civil Rights Commission to adopt rules on digital accessibility for places of public accommodation that are consistent with certain federal regulations.  Specifies that a violation of the rules is an unlawful discriminatory practice.  Establishes that it is an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations, or information related thereto, by requiring the use of information and communication technology that is not accessible to the person.  (CD1)

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 CIVIL RIGHTS.

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

     SECTION 1.  The legislature finds that the information age is changing how providers of public accommodations and public services communicate with their customers.  Many service providers use websites, software applications, and other technologies to take reservations, display menus, take orders, make sales, and provide product information.

     The legislature recognizes that ready access to, and the ability to use, information and communication technology is essential to allow all citizens to fully engage with and enjoy public goods, services, facilities, privileges, advantages, and accommodations.  However, the legislature is aware that some websites and applications used by public accommodation providers in the State are not accessible to persons with disabilities, denying them full and equal access.

     The legislature also recognizes that existing federal and state laws that prohibit discrimination in public accommodations based on disability could better inform providers of public accommodations and benefit persons with disabilities by clarifying requirements for electronic access.

     The legislature further finds that the technical standards, definitions, compliance schedules, and enforcement procedures necessary to implement digital accessibility requirements are regulatory in nature.  These matters are best addressed through administrative rulemaking, which allows for public participation by persons with disabilities, businesses of all sizes, and other interested parties, and allows for updating as technology evolves.

     The legislature additionally finds that the Hawaii civil rights commission has existing statutory authority to define, implement, and enforce the prohibition against discriminatory practices by places of public accommodation, and that this authority extends to discriminatory practices carried out through information and communication technology.  Explicit rulemaking authority will confirm and give effect to that authority and provide clear, workable guidance to the disability community and business community.

     The legislature notes that a working draft of proposed rules has been prepared for consideration by the Hawaii civil rights commission.  That draft, which is adapted from the United States Department of Justice Title II web accessibility final rule issued April 24, 2024, addresses definitions, technical accessibility standards, phased compliance schedules, exceptions, equivalent facilitation, undue burden procedures, and enforcement, including a private right of action.  The legislature intends that the commission use that draft, or a substantially similar document, as the working document for its rulemaking proceeding.

     Accordingly, the purpose of this Act is to:

     (1)  Direct the Hawaii civil rights commission to adopt rules implementing the prohibition against inaccessible information and communication technology, consistent with the United States Department of Justice Title II web accessibility framework; and

     (2)  Confirm that it is an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related thereto, by requiring the use of information and communication technology that is not accessible to the person with a disability.

     SECTION 2.  Chapter 489, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§489-     Digital accessibility; rulemaking.  (a)  The civil rights commission shall adopt rules pursuant to chapter 91 to implement the prohibition established in section 489-5(c).

     (b)  The rules adopted pursuant to this section shall be consistent with the web accessibility framework established by the United States Department of Justice in its Title II final rule on web accessibility, title 28 Code of Federal Regulations part 35, as in effect on June 24, 2024.

     (c)  A violation of rules adopted pursuant to this section shall constitute an unlawful discriminatory practice under this chapter, subject to all remedies available under this chapter.  The civil rights commission shall process complaints alleging such violations pursuant to its authority under this chapter and its procedural rules under chapter 368."

     SECTION 3.  Section 489-5, Hawaii Revised Statutes, is amended to read as follows:

     "§489-5  Other discriminatory practices.  (a)  It [is] shall be a discriminatory practice for two or more persons to conspire[:] to:

     (1)  [To retaliate] Retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;

     (2)  [To aid,] Aid, abet, incite, or coerce a person to engage in a discriminatory practice; or

     (3)  Wilfully[, to] obstruct[,] or prevent[,] a person from complying with this chapter.

     (b)  It [is] shall be a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public [accommodations] accommodation because of the known disability of an individual with whom the person is known to have a relationship or association.

     (c)  It shall be a discriminatory practice to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related to the goods, services, facilities, privileges, advantages, or accommodations, by requiring the use of information and communication technology that is not accessible to the person."

     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:

Hawaii Civil Rights Commission; Discrimination in Public Accommodations; Persons with Disabilities; Discriminatory Practices; Rulemaking; Digital Accessibility

Description:

Requires the Hawaii Civil Rights Commission to adopt rules on digital accessibility for places of public accommodations that are consistent with certain federal regulations.  Specifies that a violation of the rules is an unlawful discriminatory practice.  Establishes it as an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations, or information related thereto, by requiring the use of information and communication technology that is not accessible to the person with a disability.  Effective 7/1/3000.  (HD2)

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 CIVIL RIGHTS.

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

     SECTION 1.  The legislature finds that the information age is changing how providers of public accommodations and public services communicate with their customers.  Many service providers use websites, software applications, and other technologies to take reservations, display menus, take orders, make sales, and provide product information.

     The legislature recognizes that ready access to, and the ability to use, information and communication technology is essential to allow all citizens to fully engage with and enjoy public goods, services, facilities, privileges, advantages, and accommodations.  However, the legislature is aware that some websites and applications used by public accommodation providers in the State are not accessible to persons with disabilities, denying them full and equal access.

     The legislature also recognizes that existing federal and state laws that prohibit discrimination in public accommodations based on disability could better inform providers of public accommodations and benefit persons with disabilities by clarifying requirements for electronic access.

     The legislature further finds that the technical standards, definitions, compliance schedules, and enforcement procedures necessary to implement digital accessibility requirements are regulatory in nature.  These matters are best addressed through administrative rulemaking, which allows for public participation by persons with disabilities, businesses of all sizes, and other interested parties, and allows for updating as technology evolves.

     The legislature additionally finds that the Hawaii civil rights commission has existing statutory authority to define, implement, and enforce the prohibition against discriminatory practices by places of public accommodation, and that this authority extends to discriminatory practices carried out through information and communication technology.  Explicit rulemaking authority will confirm and give effect to that authority and provide clear, workable guidance to the disability community and business community.

     The legislature notes that a working draft of proposed rules has been prepared for consideration by the Hawaii civil rights commission.  That draft, which is adapted from the United States Department of Justice Title II web accessibility final rule issued April 24, 2024, addresses definitions, technical accessibility standards, phased compliance schedules, exceptions, equivalent facilitation, undue burden procedures, and enforcement, including a private right of action.  The legislature intends that the commission use that draft, or a substantially similar document, as the working document for its rulemaking proceeding.

     Accordingly, the purpose of this Act is to:

     (1)  Direct the Hawaii civil rights commission to adopt rules implementing the prohibition against inaccessible information and communication technology, consistent with the United States Department of Justice Title II web accessibility framework; and

     (2)  Confirm that it is an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related thereto, by requiring the use of information and communication technology that is not accessible to the person with a disability.

     SECTION 2.  Chapter 489, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§489-     Digital accessibility; rulemaking.  (a)  The civil rights commission shall adopt rules pursuant to chapter 91 to implement the prohibition established in section 489-5(c).

     (b)  The rules adopted pursuant to this section shall be consistent with the web accessibility framework established by the United States Department of Justice in its Title II final rule on web accessibility, title 28 Code of Federal Regulations part 35, as amended.

     (c)  A violation of rules adopted pursuant to this section shall constitute an unlawful discriminatory practice under this chapter, subject to all remedies available under this chapter.  The civil rights commission shall process complaints alleging such violations pursuant to its authority under this chapter and its procedural rules under chapter 368."

     SECTION 3.  Section 489-5, Hawaii Revised Statutes, is amended to read as follows:

     "§489-5  Other discriminatory practices.  (a)  It [is] shall be a discriminatory practice for two or more persons to conspire[:] to:

     (1)  [To retaliate] Retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;

     (2)  [To aid,] Aid, abet, incite, or coerce a person to engage in a discriminatory practice; or

     (3)  Wilfully[, to] obstruct[,] or prevent[,] a person from complying with this chapter.

     (b)  It [is] shall be a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public [accommodations] accommodation because of the known disability of an individual with whom the person is known to have a relationship or association.

     (c)  It shall be a discriminatory practice to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related to the goods, services, facilities, privileges, advantages, or accommodations by requiring the use of information and communication technology that is not accessible to the person."

     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:

Hawaii Civil Rights Commission; Discrimination in Public Accommodations; Persons with Disabilities; Discriminatory Practices; Rulemaking; Digital Accessibility

Description:

Requires the Hawaii Civil Rights Commission to adopt rules on digital accessibility for places of public accommodations that are consistent with certain federal regulations.  Specifies that a violation of the rules is an unlawful discriminatory practice.  Establishes it as an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of information related to their goods, services, facilities, privileges, advantages, or accommodations by requiring the use of information and communication technology that is not accessible to the person with a disability.  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 CIVIL RIGHTS.

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

     SECTION 1.  The legislature finds that the information age is changing how providers of public accommodations and public services communicate with their customers.  Many service providers use websites, software applications, and other technologies to take reservations, display menus, take orders, make sales, and provide product information.

     The legislature recognizes that ready access to, and the ability to use, information and communication technology is essential to allow all citizens to fully engage with and enjoy public goods, services, facilities, privileges, advantages, and accommodations.  However, the legislature is aware that some websites and applications used by public accommodation providers in the State are not accessible to persons with disabilities, denying them full and equal access.

     The legislature also recognizes that existing state and federal laws that prohibit discrimination in public accommodations based on disability could better inform providers of public accommodations and benefit persons with disabilities by clarifying requirements for electronic access.

     Accordingly, the purpose of this Act is to make it an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of, or information related to, their goods, services, facilities, privileges, advantages, or accommodations by requiring the use of information and communication technology that is not accessible to the person.

     SECTION 2.  Section 489-2, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Accessible" means the ability to receive, use, and manipulate data, and operate any controls included in information and communication technology, in a manner equivalent to that of a person who does not have a disability.

     "Information and communication technology" means electronic information, software, systems, or equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, websites and interfaces, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, smartphones, tablets, and desktop and portable computers.

     "Software application" means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, laptop or desktop computer, or another device, and that performs or helps the user perform a specific task.

     "Website" means any collection of related web pages, images, videos, or other digital assets placed in one or more computer server-based file archives so that the collection can be accessed over the internet or through a private computer network."

     SECTION 3.  Section 489-5, Hawaii Revised Statutes, is amended to read as follows:

     "§489-5  Other discriminatory practices.  (a)  It [is] shall be a discriminatory practice for two or more persons to conspire[:] to:

     (1)  [To retaliate] Retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;

     (2)  [To aid,] Aid, abet, incite, or coerce a person to engage in a discriminatory practice; or

     (3)  Wilfully[, to] obstruct[,] or prevent[,] a person from complying with this chapter.

     (b)  It [is] shall be a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public [accommodations] accommodation because of the known disability of an individual with whom the person is known to have a relationship or association.

     (c)  It shall be a discriminatory practice to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related to the goods, services, facilities, privileges, advantages, or accommodations by requiring the use of information and communication technology that is not accessible to the person.

     (d)  Beginning July 1, 2027, each place of public accommodation with sixteen or more employees shall ensure that all:

     (1)  Information and communication technology used to communicate with applicants, participants, customers, clients, visitors, and other members of the public is accessible to persons with disabilities; and

     (2)  Communications and interactions carried out through information and communication technology with applicants, participants, customers, clients, visitors, and other members of the public who have disabilities are as accessible and effective as communications and interactions with individuals without disabilities.

     (e)  Beginning July 1, 2028, all places of public accommodation, including public accommodations with fifteen or fewer employees shall each ensure that all:

     (1)  Information and communication technology used to communicate with applicants, participants, customers, clients, visitors, and other members of the public is accessible to persons with disabilities; and

     (2)  Communications and interactions carried out through information and communication technology with applicants, participants, customers, clients, visitors, and other members of the public who have disabilities are as accessible and effective as communications and interactions with individuals without disabilities.

     (f)  Subsections (d) and (e) shall not apply to:

     (1)  Archived web content that was posted before the applicable compliance date and:

          (A)  Is kept solely for reference, research, or recordkeeping purposes;

          (B)  Is kept in a designated area for archived content; and

          (C)  Has not been modified since the applicable compliance date;

     (2)  Preexisting conventional electronic documents that:

          (A)  Are word processing, presentation, portable document format (PDF), or spreadsheet files; and

          (B)  Were posted before the applicable compliance date;

     (3)  Individualized documents that are password-protected or otherwise secured and are:

          (A)  Word processing, presentation, portable document format (PDF), or spreadsheet files; and

          (B)  Relating to a specific person, property, or account; and

     (4)  Social media posts that were posted before the applicable compliance date.

     (g)  A place of public accommodation shall not be deemed to be in violation of this section if compliance would impose an undue burden or fundamentally alter the nature of the information and communication technology used.

     (h)  For the purposes of this section, a website that meets or exceeds the most current version of the World Wide Web Consortium Web Content Accessibility Guidelines shall be deemed accessible."

     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 January 30, 2050.

Report Title:

Discrimination in Public Accommodations; Persons with Disabilities; Discriminatory Practices; Places of Public Accommodation

Description:

Establishes it as an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of information related to their services, facilities, privileges, advantages, or accommodations by requiring use of information and communication technology that is not accessible to the person.  Beginning 7/1/2027, requires each place of public accommodation with 16 or more employees to ensure that all information and communication technology used is accessible to persons with disabilities.  Beginning 7/1/2028, requires all places of public accommodations to each ensure that all information and communication technology used is accessible to persons with disabilities.  Establishes exceptions.  Effective 1/30/2050.  (SD1)

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 CIVIL RIGHTS.

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

     SECTION 1.  The legislature finds that the information age is changing how providers of public accommodations and public services communicate with their customers.  Many service providers use websites, software applications, and other technologies to take reservations, display menus, take orders, make sales, and provide product information.

     The legislature recognizes that ready access to, and the ability to use, information and communication technology is essential to allow all citizens to fully engage with and enjoy public goods, services, facilities, privileges, advantages, and accommodations.  However, the legislature is aware that some websites and applications used by public accommodation providers in the State are not accessible to persons with disabilities, denying them full and equal access.

     The legislature also recognizes that existing state and federal laws that prohibit discrimination in public accommodations based on disability could better inform providers of public accommodations and benefit persons with disabilities by clarifying requirements for electronic access.

     Accordingly, the purpose of this Act is to make it an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of, or information related to, their goods, services, facilities, privileges, advantages, or accommodations by requiring the use of information and communication technology that is not accessible to the person.

     SECTION 2.  Section 489-2, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Accessible" means the ability to receive, use, and manipulate data, and operate any controls included in information and communication technology, in a manner equivalent to that of a person who does not have a disability.

     "Information and communication technology" means electronic information, software, systems, or equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, websites and interfaces, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, smartphones, tablets, and desktop and portable computers.

     "Software application" means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, laptop or desktop computer, or another device, and that performs or helps the user perform a specific task.

     "Website" means any collection of related web pages, images, videos, or other digital assets placed in one or more computer server-based file archives so that the collection can be accessed over the internet or through a private computer network."

     SECTION 3.  Section 489-5, Hawaii Revised Statutes, is amended to read as follows:

     "§489-5  Other discriminatory practices.  (a)  It [is] shall be a discriminatory practice for two or more persons to conspire[:] to:

     (1)  [To retaliate] Retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;

     (2)  [To aid,] Aid, abet, incite, or coerce a person to engage in a discriminatory practice; or

     (3)  Wilfully[, to] obstruct[,] or prevent[,] a person from complying with this chapter.

     (b)  It [is] shall be a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public [accommodations] accommodation because of the known disability of an individual with whom the person is known to have a relationship or association.

     (c)  It shall be a discriminatory practice to deny a person with a disability full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, or information related to the goods, services, facilities, privileges, advantages, or accommodations by requiring the use of information and communication technology that is not accessible to the person.

     (d)  Beginning July 1, 2026, each place of public accommodation shall ensure that all:

     (1)  Information and communication technology used to communicate with applicants, participants, customers, clients, visitors, and other members of the public is accessible to persons with disabilities; and

     (2)  Communications and interactions carried out through information and communication technology with applicants, participants, customers, clients, visitors, and other members of the public who have disabilities are as accessible and effective as communications and interactions with individuals without disabilities.

     (e)  For the purposes of this section, a website that meets or exceeds the most current version of the World Wide Web Consortium Web Content Accessibility Guidelines shall be deemed accessible.

     (f)  A place of public accommodation shall not be deemed to be in violation of this section if compliance would impose an undue burden or fundamentally alter the nature of the information and communication technology used."

     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 upon it approval.

Report Title:

Discrimination in Public Accommodations; Persons with Disabilities; Discriminatory Practices; Places of Public Accommodation

Description:

Establishes it as an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of information related to their services, facilities, privileges, advantages, or accommodations by requiring use of information and communication technology that is not accessible to the person.  Establishes exceptions.

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. 3032

Honolulu, Hawaii

RE:     S.B. No. 2852

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Judiciary and Commerce and Consumer Protection, to which was referred S.B. No. 2852, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CIVIL RIGHTS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish it as an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of information related to its services, facilities, privileges, advantages, or accommodations by requiring use of information and communication technology that is not accessible to the person;

     (2)  Beginning July 1, 2027, require each place of public accommodation with sixteen or more employees to ensure that all information and communication technology used is accessible to persons with disabilities;

     (3)  Beginning July 1, 2028, require all places of public accommodations to each ensure that all information and communication technology used is accessible to persons with disabilities; and

     (4)  Establish exceptions.

     Your Committees received testimony in support of this measure from the Hawaiʻi State Council On Development Disabilities, Disability and Communication Access Board, Hawaii Disability Rights Center, Aloha Independent Living Hawaii, Rainbow Family 808, National Federation of the Blind of Hawaii, and thirteen individuals.

     Your Committees received comments on this measure from one individual.

     Your Committees find that all citizens must have access to information and communication technology to fully participate in public life and enjoy the goods and services provided in the State.  Unfortunately, persons with disabilities encounter many barriers to full participation and enjoyment of places of public accommodation because of the lack of universally accessible technology and software applications.  This measure updates existing law to prevent unfair discrimination of citizens with disabilities and promote complete and equal access to public life.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2852, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Commerce and Consumer Protection,

STAND. COM. REP. NO. 2358

Honolulu, Hawaii

RE:     S.B. No. 2852

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Health and Human Services and Labor and Technology, to which was referred S.B. No. 2852 entitled:

"A BILL FOR AN ACT RELATING TO CIVIL RIGHTS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish it as an unlawful discriminatory practice for a place of public accommodation to deny a person with a disability full and equal enjoyment of information related to their services, facilities, privileges, advantages, or accommodations by requiring use of information and communication technology that is not accessible to the person; and

     (2)  Establish exceptions.

     Your Committees received testimony in support of this measure from the State Council on Developmental Disabilities, Disability and Communication Access Board, Hawaiʻi Civil Rights Commission, Hawaii Disability Rights Center, National Federation of the Blind of Hawaii, and twelve individuals.

     Your Committees received testimony in opposition to this measure from one individual.

     Your Committees find that as more services, transactions, and interactions move to digital platforms, access to information and communication technology has become essential to full participation in community life.  Your Committees further find that for many people with disabilities, inaccessible websites, applications, kiosks, and other digital systems can function as barriers to accessing goods and services that are otherwise available to the public, undermining independence, dignity, and equal opportunity for these people.  This measure helps ensure that people with disabilities are not excluded from full participation in public life simply because access to certain public accommodations has shifted to digital platforms.

Your Committees have amended this measure by:

     (1)  Requiring places of public accommodation to comply with the information and communication technology accessibility requirements on a phased basis, rather than beginning July 1, 2026, as follows:

          (A)  Beginning July 1, 2027, for places of public accommodation with sixteen or more employees; and

          (B)  Beginning July 1, 2028, for all places of public accommodation, including those with fifteen or fewer employees;

     (2)  Inserting language to establish exceptions for the information and communication technology accessibility requirements for a place of public accommodation; and

     (3)  Inserting an effective date of January 30, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Health and Human Services and Labor and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2852, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2852, S.D. 1, and be referred to your Committees on Judiciary and Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Labor and Technology,