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,

________________________________ BRANDON J.C. ELEFANTE, Chair

________________________________ JOY A. SAN BUENAVENTURA, Chair