STAND. COM. REP. NO. 1482-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2852

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 2852, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose 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 to communicate with the public is accessible to persons with disabilities; and

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

Your Committee received testimony in support of this measure from the State Council on Developmental Disabilities; Hawaiʻi Civil Rights Commission; Disability and Communication Access Board; National Federation of the Blind of Hawaii; Hawaii Disability Rights Center; and numerous individuals. Your Committee received comments on this measure from one individual.

Your Committee finds 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. For people with intellectual and developmental disabilities (I/DD), inaccessible websites, applications, kiosks, and other digital systems can function as complete barriers to accessing goods and services that are otherwise available to the public. These barriers undermine independence, dignity, and equal opportunity.

While federal and state civil rights laws prohibit discrimination based on disability, the lack of explicit statutory guidance regarding digital accessibility has led to inconsistent practices and preventable exclusion. By aligning expectations with recognized accessibility standards and acknowledging existing exceptions for undue burden and fundamental alteration, this measure is intended to advance the goal of ensuring that information and communication technology is accessible to all persons.

Your Committee has amended this measure by:

(1) Requiring the Hawaii Civil Rights Commission to adopt rules to regulate whether information and communication technology is not accessible to a person with a disability, rather than statutorily prescribing the manner in which information and communication technology is accessible;

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

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2852, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2852, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

SCOT Z. MATAYOSHI, Chair