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THE SENATE |
S.B. NO. |
2852 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CIVIL RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.