SB 83: Hotels; Hotel Services; Service Disruption; Third-Party Vendors; Guests; Notice
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-10
Current Status:
Failed
(2026-04-16: Received notice of disagreement (Sen. Com. No. 710).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires hotels to directly notify third‑party vendors (companies that resell or book rooms) and guests when hotel services are disrupted or are likely to be disrupted, such as noisy planned construction or labor stoppages. Notices must describe the nature and effect of the disruption and be given promptly or within short timeframes. Guests must be refunded for lost or canceled services up to the value of the reserved room, waivers of the notice right are void, and hotels that violate the rule must pay injured parties three times any excess charges.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and guests under certain conditions. Effective 7/1/3000. (HD3)
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and guests under certain conditions. Effective 7/1/3000. (HD2)
Requires hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions. Effective 7/1/2050. (HD1)
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and prospective and current guests under certain conditions. Prohibits hotelkeepers from imposing any fee, penalty, or other charge and from retaining any deposit of a guest who cancels a reservation if a service disruption is likely to exist during the period of the reservation. Requires any hotelkeeper that violates or causes another person to violate this Act to forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled to. Effective 7/1/2050. (SD2)
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and prospective and current guests under certain conditions. Prohibits hotelkeepers from imposing any fee, penalty, or other charge and from retaining any deposit of a guest who cancels a reservation if a service disruption is likely to exist during the period of the reservation. Requires any hotelkeeper that violates or causes another person to violate this Act to forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled. (SD1)
Requires hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions. Allows for recovery of damages.
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THE SENATE |
S.B. NO. |
83 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 3 |
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A BILL FOR AN ACT
RELATING TO HOTELS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that travelers staying at hotels are vulnerable to disruptions to hotel services. They are often unfamiliar with local conditions and lack alternative accommodations during their stay. The legislature also finds that hotel guests are frequently unaware of pest infestations or work stoppages, strikes, or lockouts when they make reservations and may experience difficulty canceling their reservations upon arriving and discovering such disruptions.
The legislature additionally finds that it is important to ensure that hotel guests are notified of any service disruption or the possibility of a service disruption.
Therefore, the purpose of this Act is to require hotelkeepers to provide adequate notice of service disruptions to third-party vendors and guests under certain conditions.
SECTION 2. Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§486K- Disruption of service; notice to third-party vendors and guests required. (a) A hotelkeeper shall directly provide notice of a service disruption to each third-party vendor and prospective guest who has entered into an agreement, a booking, or a reservation with the hotelkeeper or a third-party vendor for the use or occupancy of a room or hotel service. Additionally, the hotelkeeper shall provide notice before accepting or entering into any new agreement, booking, or reservation for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notice impracticable, the hotelkeeper shall provide notice as soon as practicable.
A notice under this subsection shall be provided:
(1) Within twenty-four hours of the onset of a service disruption; or
(2) If a service disruption is reasonably anticipated, within twenty-four hours of the hotelkeeper receiving notice of the anticipated service disruption or five days before the anticipated service disruption, whichever is less.
(b) The hotelkeeper shall immediately and clearly notify all guests of the service disruption. A notice under this subsection shall be provided:
(1) At the onset of a service disruption; or
(2) If a service disruption is reasonably anticipated, within twenty-four hours of the hotelkeeper receiving notice of the anticipated service disruption or five days before the anticipated service disruption, whichever is less.
A guest shall be reimbursed for the value of hotel services or amenities disrupted or deprived by the service disruption; provided that the total reimbursement amount shall not exceed value of the reserved room. The hotelkeeper shall determine a good faith estimate of the value of the disrupted or deprived hotel services or amenities.
(c) A notice required under this section shall describe:
(1) The nature of the service disruption; and
(2) The extent of the service disruption's effect on agreements, bookings, or reservations for the use of the room or hotel service.
(d) Any hotelkeeper that violates or causes another person to violate this section shall forfeit to the injured party an amount equal to three times the amount charged in excess of that to which the hotelkeeper is entitled to collect.
(e) Any waiver or attempted waiver of a guest's right to receive notice of a service disruption required by this section shall be void and unenforceable as against public policy.
(f) As used in this section:
"Guest" includes a hotel service user.
"Hotel service" means work performed in connection with the operation of a hotel, including but not limited to the letting of guest rooms or meeting rooms, or the provision of food or beverage services, banquet services, or spa services.
"Service disruption" means any of the following conditions:
(1) Planned construction work in or directly related to the hotel that creates excessive noise that is likely to substantially disturb a guest, except construction that is intended to correct an emergency condition or other condition requiring immediate attention; or
(2) Any strike, lockout, or other work stoppage authorized by the affirmative vote of a labor organization's members.
"Third-party vendor" means a vendor with which a hotelkeeper has an arrangement for third-party room reservations or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling the rooms to guests."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Constitution of the State of Hawaii or Article I, section 10, of the United States Constitution.
SECTION
5. New statutory material is
underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Hotels; Hotel Services; Service Disruption; Third-Party Vendors; Guests; Notice
Description:
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and guests under certain conditions. Effective 7/1/3000. (HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
83 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO HOTELS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that travelers staying at hotels are vulnerable to disruptions to hotel services. They are often unfamiliar with local conditions and lack alternative accommodations during their stay. The legislature also finds that hotel guests are frequently unaware of pest infestations or work stoppages, strikes, or lockouts when they make reservations and may experience difficulty canceling their reservations upon arriving and discovering such disruptions.
The legislature additionally finds that it is important to ensure that hotel guests are notified of any service disruption or the possibility of a service disruption.
Therefore, the purpose of this Act is to require hotelkeepers to provide adequate notice of service disruptions to third-party vendors and guests under certain conditions.
SECTION 2. Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§486K- Disruption of service; notice to third-party vendors and guests required. (a) Within twenty-four hours of the onset of a service disruption, or upon receiving notice that a service disruption may occur, a hotelkeeper shall provide notice of the service disruption to each third-party vendor and guest who is seeking or has entered into a reservation, booking, or agreement with the hotelkeeper or a third-party vendor for the use or occupancy of a room or hotel service. The notice shall be provided on all modifiable platforms or mediums used by the hotelkeeper to advertise, solicit, book, or reserve rooms or hotel services. The hotelkeeper shall provide notice before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notice impracticable, the hotelkeeper shall provide notice as soon as practicable.
(b) The notice shall describe:
(1) The nature of the service disruption; and
(2) The extent of the service disruption's effect on reservations, bookings, or agreements for the use of the room or hotel service.
(c) At the onset of a service disruption or upon receiving notice that a service disruption may occur, the hotelkeeper shall immediately and clearly notify all guests of the service disruption pursuant to subsections (a) and (b). A guest may terminate any remaining period of a reservation, booking, or agreement for the use or occupancy of a room or hotel service and the hotelkeeper shall not impose any fee, penalty, or other charge for the termination or retain any deposit related to any unused portion of the period of the reservation, booking, or agreement following the onset of the service disruption.
(d) Any hotelkeeper that violates or causes another person to violate this section shall forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled to.
(e) Any waiver or attempted waiver of a guest's right to receive notice of a service disruption required by this section shall be void and unenforceable as against public policy.
(f) As used in this section:
"Guest" includes a hotel service user.
"Hotel service" means work performed in connection with the operation of a hotel, including but not limited to the letting of guest rooms or meeting rooms, or the provision of food or beverage services, banquet services, or spa services.
"Service disruption" means any of the following conditions:
(1) Conditions that the hotelkeeper is aware of that indicate the presence in the hotel of any infestation of bed bugs, lice, or other insects or rodents or other vermin capable of spreading disease or being carried, including on one's person; provided that the infestation has not been fully treated by a licensed exterminator within twenty-four hours after the infestation is identified; or
(2) Any strike, lockout, or other work stoppage.
"Third-party vendor" means a vendor with which a hotelkeeper has an arrangement for third-party room reservations or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling the rooms to guests."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or article I, section 10, of the United States Constitution.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Hotels; Hotel Services; Service Disruption; Third-Party Vendors; Guests; Notice
Description:
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and guests under certain conditions. 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.
|
THE SENATE |
S.B. NO. |
83 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
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|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HOTELS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that travelers staying at hotels are vulnerable to disruptions to hotel services. They are often unfamiliar with local conditions and lack alternative accommodations during their stay. The legislature also finds that hotel guests are frequently unaware of pest infestations or work stoppages, strikes, or lockouts when they make reservations and may experience difficulty canceling their reservations upon arriving and discovering such disruptions.
The legislature additionally finds that it is important to ensure that hotel guests are notified of any service disruption or the possibility of a service disruption.
Therefore, the purpose of this Act is to require hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions.
SECTION 2. Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§486K- Disruption of service; notice to third-party vendors and guests required. (a) Within twenty-four hours of the onset of a service disruption or upon receiving notice that a service disruption may occur, a hotelkeeper shall provide, in all modifiable mediums where the hotel advertises or solicits customers, or through which customers can book or reserve rooms or hotel services, notice of the service disruption to each third-party vendor and guest who is seeking or has entered into a reservation, booking, or agreement with the keeper or a third-party vendor for the use or occupancy of a room or hotel service. The keeper shall provide notice before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notice impracticable, the keeper shall provide notice as soon as practicable.
(b) The notice shall describe:
(1) The nature of the service disruption; and
(2) The extent of the service disruption's effect on reservations, bookings, or agreements to use the room or hotel services.
(c) At the onset of a service disruption or upon receiving notice that a service disruption may occur, the keeper shall immediately and clearly notify all guests of the service disruption pursuant to subsections (a) and (b).
(d) As used in this section:
"Guest" includes a hotel service user.
"Hotel service" means work performed in connection with the operation of a hotel, including but not limited to the letting of guest rooms or meeting rooms, or the provision of food or beverage services, banquet services, or spa services.
"Service disruption" means any of the following conditions:
(1) Conditions that the hotelkeeper is aware of that indicate the presence in the hotel of any infestation by bed bugs, lice, or other insects or rodents or other vermin capable of spreading disease or being carried, including on one's person; provided that the infestation has not been fully treated by a licensed exterminator within twenty-four hours of the identification of the infestation; or
(2) Any strike, lockout, or other work stoppage.
"Third-party vendor" means a vendor with which a hotelkeeper has an arrangement for third-party room reservations or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling the rooms to guests."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or article I, section 10, of the United States Constitution.
SECTION 5.
New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Hotels; Hotel Services; Service Disruption; Third-Party Vendor; Guests; Notice
Description:
Requires hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions. Effective 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
83 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
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|
|
|
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||
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A BILL FOR AN ACT
RELATING TO HOTELS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that travelers staying at hotels are vulnerable to disruptions to accommodation services. Travelers are often unfamiliar with local conditions and lack alternative accommodations during their stay. The legislature also finds that hotel guests will frequently be unaware of pest infestations; construction work; noisy demonstrations; work stoppages, strikes, or lockouts; or the unavailability of advertised amenities at the hotel when they make reservations and may experience difficulty canceling their reservations upon arriving and discovering such disruptions.
The legislature additionally finds that ensuring that hotel guests are notified of any service disruption, or the possibility of a service disruption, and that they are permitted to terminate reservations without financial consequences is essential to protect travelers from the effects of service disruptions and ensure the continued vitality of Hawaii's tourism and hotel sector.
Accordingly, the purpose of this Act is to:
(1) Require hotelkeepers to provide notification of service disruptions to third-party vendors and prospective and current guests under certain conditions;
(2) Prohibit hotelkeepers from imposing any fee, penalty, or other charge, or retaining any deposit of a guest who cancels a reservation if a service disruption is likely to exist during the period of the reservation; and
(3) Require any hotelkeeper that violates or causes another person to violate this Act to forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled to.
SECTION 2. Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§486K- Disruption of service; notice to third-party vendors and guests required; damages recoverable. (a) Within twenty-four hours of the occurrence of a service disruption, a hotelkeeper shall provide, in all modifiable mediums where the hotel advertises or solicits customers, or through which customers can book or reserve rooms or hotel services, notification of the service disruption to each third-party vendor and guest who is seeking or has entered into a reservation, booking, or agreement with the keeper or a third-party vendor for the use or occupancy of a room or hotel service. The keeper shall provide the notification before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notification impracticable, the keeper shall provide the notification as soon as practicable.
(b) The notification shall describe:
(1) The nature of the service disruption;
(2) The extent of the service disruption's effect on reservations, bookings, or agreements to use the room or hotel services; and
(3) The right of a guest to cancel or terminate the reservation, booking, or agreement for the use of the room or hotel services with a refund, if applicable, and without the imposition of any fee, penalty, or other charge pursuant to subsections (c) and (d).
If the notification is included in a communication containing other information, the notification shall be in a significantly larger font and different color than the remainder of the communication.
(c) A keeper shall not impose any fee, penalty, or other charge or retain any deposit of a guest who cancels a reservation, booking, or agreement with the keeper for the future use of a room or hotel service if a service disruption is likely to exist during the period of the reservation, booking, or agreement for the use of a room or hotel service.
(d) At the onset of a service disruption, the keeper shall immediately and clearly notify all guests and hotel service users of the service disruption pursuant to subsections (a) and (b). A guest may terminate any remaining period of a reservation, booking, or agreement for the use of a room or hotel service and the keeper shall not impose any fee, penalty, or other charge for the termination or retain any deposit related to any unused portion of the period of the reservation, booking, or agreement following the onset of the service disruption.
(e) Any keeper that violates or causes another person to violate this section shall forfeit to the injured party three times the amount of the sum charged in excess of what the keeper is entitled to.
(f) For the purposes of this section:
"Hotel service" means work performed in connection with the operation of a hotel, including but not limited to the letting of guest rooms or meeting rooms, or the provision of food or beverage services, banquet services, or spa services.
"Service disruption" means any of the following conditions that substantially affects or is likely to substantially affect a guest's use of a room or hotel service:
(1) Construction work in or directly related to the hotel that creates excessive noise that is likely to substantially disturb a guest, except construction that is intended to correct an emergency condition or other condition requiring immediate attention;
(2) Conditions that the hotelkeeper is aware of that indicate the presence in the hotel of any infestation by bed bugs, lice or other insects, rodents or other vermin capable of carrying or spreading disease, including on one's person; provided that the infestation has not been fully treated by a licensed exterminator within twenty-four hours of the identification of the infestation;
(3) The unavailability, for a period of twenty-four hours or more, of any advertised hotel amenity, including but not limited to a pool, spa, shuttle service, internet access, or food or beverage service;
(4) The unavailability, for a period of twenty-four hours or more, of any advertised room appliances or technology, including but not limited to in-room refrigerators or internet services;
(5) The unavailability of any advertised or legally required accessibility feature, including but not limited to an elevator, wheelchair lift, ramp, or accessible bathroom in the room or in any common area of the hotel;
(6) The unavailability, for a period of twenty-four hours or more, of any utility, including but not limited to gas, water, or electricity when the unavailability affects only the location of the hotel; or
(7) Any strike, lockout, or picketing activity or other demonstration or event occurring for a calendar day or more at or near the hotel.
"Third-party vendor" means a vendor with which a hotelkeeper has an arrangement for third-party room reservations or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling the rooms to guests."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Constitution of the State of Hawaii or article I, section 10, of the United States Constitution.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Hotels; Hotel Services; Service Disruption; Third-Party Vendor; Guests; Notice; Violation; Penalty
Description:
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and prospective and current guests under certain conditions. Prohibits hotelkeepers from imposing any fee, penalty, or other charge and from retaining any deposit of a guest who cancels a reservation if a service disruption is likely to exist during the period of the reservation. Requires any hotelkeeper that violates or causes another person to violate this Act to forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled to. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
83 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HOTELS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that travelers staying at hotels are vulnerable to disruptions to accommodation services. They are often unfamiliar with local conditions and lack alternative accommodations during their stay. The legislature also finds that hotel guests will frequently be unaware of pest infestations; construction work; noisy demonstrations; work stoppages, strikes, or lockouts; or the unavailability of advertised amenities at the hotel when they make reservations and may experience difficulty canceling their reservations upon arriving and discovering such disruptions.
The legislature additionally finds that ensuring that hotel guests are notified of any service disruption, or the possibility of a service disruption, and are permitted to terminate reservations without financial consequences is essential to protect travelers from the effects of service disruptions and to ensure the continued vitality of Hawaii's tourism and hotel sector.
Accordingly, the purpose of this Act is to:
(1) Require hotelkeepers to provide adequate notice of service disruptions to third-party vendors and prospective and current guests under certain conditions;
(2) Prohibit hotelkeepers from imposing any fee, penalty, or other charge and from retaining any deposit of a guest who cancels a reservation if a service disruption is likely to exist during the period of the reservation; and
(3) Require any hotelkeeper that violates or causes another person to violate this Act to forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled to.
SECTION 2. Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§486K- Disruption of service; notice to third-party vendors and guests required; damages recoverable. (a) Within twenty-four hours of the occurrence of a service disruption, a hotelkeeper shall provide, in all modifiable mediums where the hotel advertises or solicits customers, or through which customers can book or reserve rooms or hotel services, notification of the service disruption to each third-party vendor and guest who is seeking or has entered into a reservation, booking, or agreement with the keeper or a third-party vendor for the use or occupancy of a room or hotel service. The keeper shall provide notice before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notification impracticable, the keeper shall provide notice as soon as practicable.
(b) The notification shall describe:
(1) The nature of the service disruption;
(2) The extent of the service disruption's effect on reservations, bookings, or agreements to use the room or hotel services; and
(3) The right of a guest to cancel or terminate the reservation, booking, or agreement for the use of the room or hotel services with a refund, if applicable, and without the imposition of any fee, penalty, or other charge pursuant to subsections (c) and (d).
If the notification is included in a communication containing other information, the notification shall be in a significantly larger font and different color than the remainder of the communication.
(c) A keeper shall not impose any fee, penalty, or other charge or retain any deposit of a guest who cancels a reservation, booking, or agreement with the keeper for the future use of a room or hotel service if a service disruption is likely to exist during the period of the reservation, booking, or agreement for the use of a room or hotel service.
(d) At the onset of a service disruption, the keeper shall immediately and clearly notify all guests and hotel service users of the service disruption pursuant to subsections (a) and (b). A guest may terminate any remaining period of a reservation, booking, or agreement for the use of a room or hotel service and the keeper shall not impose any fee, penalty, or other charge for the termination or retain any deposit related to any unused portion of the period of the reservation, booking, or agreement following the onset of the service disruption.
(e) Any keeper that violates or causes another person to violate this section shall forfeit to the injured party three times the amount of the sum charged in excess of what the keeper is entitled to.
(f) For purposes of this section:
"Hotel service" means work performed in connection with the operation of a hotel, including but not limited to the letting of guest rooms or meeting rooms, or the provision of food or beverage services, banquet services, or spa services.
"Service disruption" means any of the following conditions that substantially affects or is likely to substantially affect a guest's use of a room or hotel service:
(1) Construction work in or directly related to the hotel that creates excessive noise that is likely to substantially disturb a guest, except construction that is intended to correct an emergency condition or other condition requiring immediate attention;
(2) Conditions that the hotelkeeper is aware of that indicate the presence in the hotel of any infestation by bed bugs, lice or other insects, rodents or other vermin capable of spreading disease or being carried, including on one's person; provided that the infestation has not been fully treated by a licensed exterminator within twenty-four hours of the identification of the infestation;
(3) The unavailability, for a period of twenty-four hours or more, of any advertised hotel amenity, including but not limited to a pool, spa, shuttle service, internet access, or food or beverage service;
(4) The unavailability, for a period of twenty-four hours or more, of any advertised room appliances or technology, including but not limited to in-room refrigerators or internet services;
(5) The unavailability of any advertised or legally required accessibility feature, including but not limited to an elevator, wheelchair lift, ramp, or accessible bathroom in the room or in any common area of the hotel;
(6) The unavailability, for a period of twenty-four hours or more, of any utility, including but not limited to gas, water, or electricity when the unavailability affects only the location of the hotel; or
(7) Any strike, lockout, or picketing activity or other demonstration or event occurring for a calendar day or more at or near the hotel.
"Third-party vendor" means a vendor with which a hotelkeeper has an arrangement for third-party room reservations or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling the rooms to guests."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Constitution of the State of Hawaii or article I, section 10, of the United States Constitution.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Hotels; Hotel Services; Service Disruption; Third-Party Vendor; Guests; Notice; Violation; Penalty
Description:
Requires hotelkeepers to provide adequate notice of service disruptions to third-party vendors and prospective and current guests under certain conditions. Prohibits hotelkeepers from imposing any fee, penalty, or other charge and from retaining any deposit of a guest who cancels a reservation if a service disruption is likely to exist during the period of the reservation. Requires any hotelkeeper that violates or causes another person to violate this Act to forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
83 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to hotels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 486K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§486K- Disruption of service; notice to third-party vendors and guests required; damages recoverable. (a) Within twenty-four hours of the occurrence of a service disruption, a hotelkeeper shall provide, in all modifiable mediums where the hotel advertises or solicits customers, or through which customers can book or reserve rooms or hotel services, notification of the service disruption to each third-party vendor and guest who is seeking or has entered into a reservation, booking, or agreement with the keeper or a third-party vendor for the use or occupancy of a room or hotel service. The keeper shall provide notice before accepting or entering into any new reservation, booking, or agreement for the use of a room or hotel service; provided that if the circumstances of the service disruption make timely notification impracticable, the keeper shall provide notice as soon as practicable.
(b) The notification shall describe:
(1) The nature of the service disruption;
(2) The extent of the service disruption's effect on reservations, bookings, or agreements to use the room or hotel services; and
(3) The right of a guest to cancel or terminate the reservation, booking, or agreement for the use of the room or hotel services with a refund, if applicable, and without the imposition of any fee, penalty, or other charge pursuant to subsections (c) and (d).
If the notification is included in a communication containing other information, the notification shall be in a significantly larger font and different color than the remainder of the communication.
(c) A keeper shall not impose any fee, penalty, or other charge or retain any deposit of a guest who cancels a reservation, booking, or agreement with the keeper for the future use of a room or hotel service if a service disruption is likely to exist during the period of the reservation, booking, or agreement for the use of a room or hotel service.
(d) At the onset of a service disruption, the keeper shall immediately and clearly notify all guests and hotel service users of the service disruption pursuant to subsections (a) and (b). A guest may terminate any remaining period of a reservation, booking, or agreement for the use of a room or hotel service and the keeper shall not impose any fee, penalty, or other charge for the termination or retain any deposit related to any unused portion of the period of the reservation, booking, or agreement following the onset of the service disruption.
(e) Any keeper that violates or causes another person to violate this section shall forfeit to the injured party three times the amount of the sum charged in excess of what the keeper is entitled to.
(f) For purposes of this section:
"Hotel service" means work performed in connection with the operation of a hotel, including but not limited to the letting of guest rooms or meeting rooms, or the provision of food or beverage services, banquet services, or spa services.
"Service disruption" means any of the following conditions that substantially affects or is likely to substantially affect a guest's use of a room or hotel service:
(1) Construction work in or directly related to the hotel that creates excessive noise that is likely to substantially disturb a guest, except construction that is intended to correct an emergency condition or other condition requiring immediate attention;
(2) Conditions that the hotelkeeper is aware of that indicate the presence in the hotel of any infestation by bed bugs, lice or other insects, rodents or other vermin capable of spreading disease or being carried, including on one's person; provided that the infestation has not been fully treated by a licensed exterminator within twenty-four hours of the identification of the infestation;
(3) The unavailability, for a period of twenty-four hours or more, of any advertised hotel amenity, including but not limited to a pool, spa, shuttle service, internet access, or food or beverage service;
(4) The unavailability, for a period of twenty-four hours or more, of any advertised room appliances or technology, including but not limited to in-room refrigerators or internet services;
(5) The unavailability of any advertised or legally required accessibility feature, including but not limited to an elevator, wheelchair lift, ramp, or accessible bathroom in the room or in any common area of the hotel;
(6) The unavailability, for a period of twenty-four hours or more, of any utility, including but not limited to gas, water, or electricity when the unavailability affects only the location of the hotel; or
(7) Any strike, lockout, or picketing activity or other demonstration or event occurring for a calendar day or more at or near the hotel.
"Third-party vendor" means a vendor with which a hotelkeeper has an arrangement for third-party room reservations or any other entity that has reserved or entered into an agreement or booking for the use or occupancy of one or more rooms in a hotel in furtherance of the business of reselling the rooms to guests."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hotels; Hotel Services; Service Disruption; Third-Party Vendor; Guests; Notice; Damages
Description:
Requires hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions. Allows for recovery of damages.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 601). |
| Apr 14, 2026 | Passed Third Reading as amended in HD 3 with none voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Gedeon, Matsumoto, Shimizu voting no (6) and Representative(s) Quinlan excused (1). Transmitted to Senate. |
| Apr 10, 2026 | Forty-eight (48) hours notice Tuesday, 04-14-26. |
| Apr 10, 2026 | Reported from CPC (Stand. Com. Rep. No. 2109-26) as amended in HD 3, recommending passage on Third Reading. |
| Apr 2, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Iwamoto, Kong, Lowen, Marten, Pierick; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Ichiyama, Tam. |
| Mar 31, 2026 | Bill scheduled to be heard by CPC on Thursday, 04-02-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 30, 2026 | Report adopted; referred to the committee(s) on CPC as amended in HD 2 with Representative(s) Gedeon voting aye with reservations; Representative(s) Garcia, Shimizu voting no (2) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4). |
| Mar 30, 2026 | Reported from JHA (Stand. Com. Rep. No. 1548-26) as amended in HD 2, recommending referral to CPC. |
| Mar 24, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Takayama; Ayes with reservations: Representative(s) Cochran; 2 Noes: Representative(s) Garcia, Shimizu; and 1 Excused: Representative(s) Sayama. |
| Mar 20, 2026 | Bill scheduled to be heard by JHA on Tuesday, 03-24-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 19, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Cochran, Garcia, Gedeon, Matsumoto, Pierick voting aye with reservations; none voting no (0) and none excused (0). |
| Mar 19, 2026 | Reported from TOU (Stand. Com. Rep. No. 1225-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 17, 2026 | The committee on TOU recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Tam, Templo, Ilagan, Yamashita; Ayes with reservations: Representative(s) Gedeon; Noes: none; and 1 Excused: Representative(s) Hussey. |
| Mar 12, 2026 | Bill scheduled to be heard by TOU on Tuesday, 03-17-26 10:00AM in House conference room 423 VIA VIDEOCONFERENCE. |
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Mar 6, 2025 | Referred to TOU, JHA, CPC, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 78) in amended form (SD 2). |
| Mar 4, 2025 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 19; Aye(s) with reservations: Senator(s) Kim, McKelvey, Moriwaki. Noes, 5 (Senator(s) Awa, DeCorte, Fevella, Inouye, Richards). Excused, 1 (Senator(s) Lee, C.). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from CPN/JDC (Stand. Com. Rep. No. 993) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 1 Excused: Senator(s) Gabbard. |
| Feb 21, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey; Aye(s) with reservations: Senator(s) Richards ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Feb 18, 2025 | The committee(s) on CPN/JDC will hold a public decision making on 02-21-25 10:10AM; Conference Room 016 & Videoconference. |
| Feb 12, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/JDC. |
| Feb 12, 2025 | Reported from EDT (Stand. Com. Rep. No. 387) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN/JDC. |
| Feb 4, 2025 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EDT were as follows: 4 Aye(s): Senator(s) DeCoite, Wakai, Fukunaga; Aye(s) with reservations: Senator(s) Kim ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Jan 30, 2025 | The committee(s) on EDT has scheduled a public hearing on 02-04-25 1:00PM; Conference Room 229 & Videoconference. |
| Jan 16, 2025 | Referred to EDT, CPN/JDC. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 8, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Apr 2, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
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| Mar 24, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 17, 2026 | The committee on TOU recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Tourism |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 21, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
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| Feb 4, 2025 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Economic Development and Tourism |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| AMERICAN HOTEL & LODGING ASSOCIATION | *** Against | Apr 2, 2026 |
| Department of Commerce and Consumer Affairs | *** Support | Apr 2, 2026 |
| Expedia Group | *** Against | Apr 2, 2026 |
| Hawaii Hotel Alliance | *** Against | Apr 2, 2026 |
| Hawaii State AFL-CIO | *** Support | Mar 17, 2026 |
| International Longshore and Warehouse Union (ILWU) | *** Support | Apr 2, 2026 |
| International Longshore and Warehouse Union (ILWU) International – Hawaii | *** Support | Mar 24, 2026 |
| Kohala Coast Resort Association | *** Against | Apr 2, 2026 |
| Maui Chamber of Commerce | *** Against | Apr 2, 2026 |
| Maui Hotel and Lodging Association | *** Against | Mar 24, 2026 |
| Office of Consumer Protection | *** Support | Apr 2, 2026 |
| Unite Here Local 5 | *** Support | Apr 2, 2026 |
STAND. COM. REP. NO. 993
Honolulu, Hawaii
RE: S.B. No. 83
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Commerce and Consumer Protection and Judiciary, to which was referred S.B. No. 83, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HOTELS,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Require hotelkeepers to provide adequate notice of service disruptions to third-party vendors and prospective and current guests under certain conditions;
(2) Prohibit hotelkeepers from imposing any fee, penalty, or other charge and from retaining any deposit of a guest who cancels a reservation if a service disruption is likely to exist during the period of the reservation; and
(3) Require any hotelkeeper that violates or causes another person to violate this Act to forfeit to the injured party three times the amount of the sum charged in excess of what the hotelkeeper is entitled to.
Your Committees received testimony in support of this measure from the Hawaii State AFL-CIO and UNITE HERE Local 5.
Your Committees received testimony in opposition to this measure from the Kohala Coast Resort Association.
Your Committees find that hosting travelers is a vital part of the State's economy. Visitors to the State may be unfamiliar with the local practices of construction, labor strikes, and other conditions that may disrupt the flow of services provided by hotels, and they may further lack the knowledge of how to research and find information on such disruptions. Without adequate notification that a planned stay may be materially altered by a service disruption, visitors may be discouraged from coming to the State as they may incur additional charges caused by a sudden need to find different accommodations at the last minute. This measure will address this issue by requiring hotelkeepers to provide advance notice to guests and third-party vendors of a known or likely service disruption, allowing guests to plan accordingly. This measure will also increase transparency and prohibit hotelkeepers from charging guests for canceling reservations that are booked during times service disruptions are expected to take place, assuring visitors to the State that they will not be subjected to financial penalties for conditions outside of their control.
Your Committees have amended this measure by:
(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 83, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 83, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Judiciary,
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________________________________ KARL RHOADS, Chair |
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________________________________ JARRETT KEOHOKALOLE, Chair |
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STAND. COM. REP. NO. 387
Honolulu, Hawaii
RE: S.B. No. 83
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Economic Development and Tourism, to which was referred S.B. No. 83 entitled:
"A BILL FOR AN ACT RELATING TO HOTELS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Require hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors under certain conditions; and
(2) Allow for recovery of damages.
Your Committee received testimony in support of this measure from UNITE HERE Local 5, Hawaii State AFL-CIO, and one individual.
Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that when hotel disruptions occur, guests may experience potential access limitations to amenities like restaurants and bars, longer wait times, and may even be forced to change their reservation due to reduced availability. Forms of disruption, including but not limited to nonfunctioning amenities, construction work, infestations, unavailability of utilities, or any strike or picketing activity can potentially lead to a negative travel experience. Your Committee further finds that maintaining the reputation of Hawaii as a beautiful travel destination is critical to bolstering the State's tourism economy, thus benefiting local communities. To avoid the negative ramifications of these types of hotel disruptions, this measure will require hotelkeepers to provide adequate notice of service disruptions to guests and third-party vendors.
Your Committee notes the concerns raised by the Department of the Attorney General that this measure may face legal challenges pursuant to the United States Constitution, as a potential restriction on commercial speech in violation of the First Amendment and as a measure that potentially impairs existing contracts in violation of the Contract Clause.
Accordingly, your Committee has amended this measure by:
(1) Inserting language of legislative intent, clarifying the justifications for the requirements proposed in the measure;
(2) Inserting a non-impairment clause to clarify that the measure shall not be applied to impair any existing contracts in a manner violative of the Hawaii State Constitution or the United States Constitution; and
(3) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Economic Development and Tourism that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 83, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 83, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Judiciary.
Respectfully submitted on behalf of the members of the Committee on Economic Development and Tourism,
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________________________________ LYNN DECOITE, Chair |
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Date
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Testimony PDF
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| Apr 2, 2026 | SB83_HD2_TESTIMONY_CPC_04-02-26_.PDF |
| Mar 24, 2026 | SB83_HD1_TESTIMONY_JHA_03-24-26_.PDF |
| Mar 17, 2026 | SB83_SD2_TESTIMONY_TOU-ECD_03-17-26_.PDF |
Discussed in Hearing
14MIN
House Standing Committee on Consumer Protection & Commerce
3MIN
House Standing Committee on Consumer Protection & Commerce
25MIN
House Standing Committee on Judiciary & Hawaiian Affairs
3MIN
House Standing Committee on Judiciary & Hawaiian Affairs
9MIN
House Standing Committee on Tourism
9MIN
House Standing Committee on Economic Development & Technology
2MIN
House Standing Committee on Tourism
2MIN
House Standing Committee on Economic Development & Technology
Bill Author
Bill Co-Author(s):
