Read the full stored bill text
SB1209
THE SENATE
S.B. NO.
1209
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to transportation
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1.
�
The legislature finds that chapter
279J, Hawaii Revised Statutes, was enacted to establish statewide regulation of
transportation network companies to provide operational consistency across the
State and establish a permitting process within the department of
transportation.
����
The
legislature further finds that transportation network companies are required to
adopt a policy of non-discrimination on the basis of destination, race, color,
ancestry, national origin, religious belief or affiliation, sex, disability,
age, sexual orientation, or gender identity or expression with respect to
riders and potential riders and notify the transportation network company
drivers of the policy.
����
The
legislature additionally finds that transportation network company drivers are
required to comply with all applicable laws to accommodate service
animals.
�
Despite these requirements,
there have been many reports of passengers being denied service by drivers due
to being accompanied by a service animal.
����
Accordingly,
the purpose of this Act is to
require the civil rights
commission to receive and investigate complaints related to acts of discrimination
committed by transportation network company drivers and report its findings to
the department of transportation, which shall issue penalties to transportation
network companies.
����
SECTION 2.
�
Chapter 279J, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
����
"
�279J-
�
Complaint against unfair discrimination;
service animals; civil rights commission.
�
The civil rights commission
shall receive complaints of unfair discriminatory treatment of riders by
transportation network company drivers in violation of section 279-10(c) in
accordance with the procedures established under chapter 368.
"
����
SECTION
3
.
�
Section 279J-10, Hawaii Revised Statutes, is
amended to read as follows:
����
"
[
[
]
�
279J-10[
]
]
�
Non-discrimination; accessibility.
�
(a)
�
The transportation network company shall adopt a policy of non
‑
discrimination
on the basis of destination, race, color, ancestry, national origin, religious
belief or affiliation, sex, disability, age, sexual orientation, or gender
identity or expression with respect to riders and potential riders and shall
notify transportation network company drivers of the policy.
�
The transportation network company shall
be accountable for and ensure compliance with this section.
����
(b)
�
In addition to any policy established
pursuant to subsection (a), transportation network company drivers shall comply
with all applicable laws regarding non-discrimination against riders or
potential riders on the basis of destination, race, color, ancestry, national
origin, religious belief or affiliation, sex, disability, age, sexual
orientation, or gender identity or expression.
����
(c)
�
Transportation network company drivers shall
comply with all applicable laws to accommodate service animals.
�
For purposes of this subsection,
"service animal" has the same meaning as defined in section 347-2.5.
����
(d)
�
A transportation network company shall not
impose additional charges for providing services to persons with physical
disabilities.
����
(e)
�
Notwithstanding section 279J-11, when the
civil rights commission, pursuant to section 279J- , has found
that a transportation network company driver has violated subsection (c), the
civil rights commission shall report the results of its investigation of the
complaint to the department, which shall issue penalties to the transportation
network company as follows:
����
(1)
�
For
each violation, a fine of $5,000;
����
(2)
�
For three violations within a period of
twelve consecutive months, a warning that the transportation network company's
permit is at risk of suspension; and
����
(3)
�
For ten or more cumulative violations, suspension
of a transportation network company's permit for a period of no less than
twelve consecutive months.
The department shall make the penalties
established pursuant to this section publicly available on the department's
website.
"
����
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.
�
New statutory material is
underscored.
����
SECTION 6.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Transportation
Network Companies; Civil Rights Commission; Discrimination; Service Animals; Violations;
Penalties; Fines
Description:
Requires the Civil Rights Commission to receive and
investigate complaints related to acts of discrimination committed by
transportation network company drivers against riders with service animals and
report the results of its investigation to the Department of Transportation,
which shall issue penalties to transportation network companies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.