RELATING TO CIVIL RIGHTS.

SB1496

THE SENATE

S.B. NO.

1496

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to civil rights
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that the information
age is changing how providers of public accommodations communicate with
customers and the public, including the use of technologies such as websites
and applications on smartphones and other mobile devices to take reservations,
view menus, place orders, make sales, and provide product information.

����
The
legislature further finds that ready access to and use of information and
communication technology is essential for all citizens to have equal access to
and full enjoyment of the goods, services, facilities, privileges, advantages,
and accommodations of a place of public accommodation.
�
However, websites and applications used by
public accommodation providers are too often not accessible to and usable by
persons with disabilities, denying them full and equal access.

����
The
legislature additionally finds that existing state and federal laws that
prohibit discrimination in public accommodations based on disability should
better assist providers of public accommodations and persons with disabilities
by affirming and clarifying requirements for electronic access.

����
Accordingly,
the purpose of this Act
is to establish that it is an unlawful discriminatory practice for public
accommodations to deny a person with a disability full and equal enjoyment of
information related to their services, facilities, privileges, advantages, or
accommodations using information and communication technology intended for use
by the general public as applicants, participants, customers, clients, or
visitors.

����
SECTION
2.
�
Section 489-2, Hawaii Revised
Statutes, is amended as follows:

����
1.
�
By adding four new definitions to be
appropriately inserted and to read:

����
"
"Accessible"
means the ability to receive, use, and manipulate data and operate controls
included in information and communication technology in a manner equivalent to
that of individuals who do not have disabilities.

����
"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 perform or help the user perform a specific
task.

����
"Information
and communication technology" means electronic information, software,
systems, and 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.

����
"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.
"

����
2.
�
By amending the definition of "place of
public accommodation" to read:

����
""Place
of public accommodation" means a business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind whose goods,
services, facilities, privileges, advantages, or accommodations are extended,
offered, sold, or otherwise made available to the general public as customers,
clients, or visitors[
.
]
, whether the presence of the business,
accommodation, refreshment, entertainment, recreation, or transportation
facility in the State is physical or digital.
�
By way of example, but not of limitation,
place of public accommodation includes facilities of the following types:

����
(1)
�
A facility providing services relating
to travel or transportation;

����
(2)
�
An inn, hotel, motel, or other
establishment that provides lodging to transient guests;

����
(3)
�
A restaurant, cafeteria, lunchroom,
lunch counter, soda fountain, or other facility principally engaged in selling
food for consumption on the premises of a retail establishment;

����
(4)
�
A shopping center or any establishment
that sells goods or services at retail;

����
(5)
�
An establishment licensed under chapter
281 doing business under a class 4, 5, 7, 8, 9, 10, 11, or 12 license, as
defined in section 281-31;

����
(6)
�
A motion picture theater, other
theater, auditorium, convention center, lecture hall, concert hall, sports
arena, stadium, or other place of exhibition or entertainment;

����
(7)
�
A barber shop, beauty shop, bathhouse,
swimming pool, gymnasium, reducing or massage salon, or other establishment
conducted to serve the health, appearance, or physical condition of persons;

����
(8)
�
A park, a campsite, or trailer
facility, or other recreation facility;

����
(9)
�
A comfort station; or a dispensary,
clinic, hospital, convalescent home, or other institution for the infirm;

���
(10)
�
A professional office of a health care
provider, as defined in section 323D-2, or other similar service establishment;

���
(11)
�
A mortuary or undertaking
establishment; and

���
(12)
�
An establishment that is physically
located within the premises of an establishment otherwise covered by this
definition, or within the premises of which is physically located a covered
establishment, and which holds itself out as serving patrons of the covered
establishment.

����
No
place of public accommodation defined in this section shall be requested to
reconstruct any facility or part thereof to comply with this chapter."

����
SECTION

3
.
�
Section 489-5,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�489-5
�

Other discriminatory practices.
�

(a)
�
It is a discriminatory
practice for two or more persons to conspire:

����
(1)
�
To retaliate or discriminate against a
person because the person has opposed an unfair discriminatory practice;

����
(2)
�
To 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 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 because of
the known disability of an individual with whom the person is known to have a
relationship or association.

����
(c)
�
It is a discriminatory practice to deny a
person with a disability full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations, or information related
to the goods, services, facilities, privileges, advantages, or accommodations
using information and communication technology intended for use by the general
public as applicants, participants, customers, clients, or visitors.

����
Beginning
July 1, 2026, a place of public accommodation shall:

����
(1)
�
Ensure that information and
communication technology used to communicate with applicants, participants,
customers, and other members of the public is accessible for full and equal use
by persons with disabilities; and

����
(2)
�
Ensure that communications and
interactions through information and communication technology with applicants,
participants, customers, and other members of the public with disabilities are
as effective as communications and interactions with individuals without
disabilities.

����
For
purposes of this subsection, a website that meets or exceeds the World Wide Web
Consortium Web Content Accessibility Guidelines 2.1 Level AA (as the guideline
may be revised) shall be deemed accessible.
�

A public accommodation shall not be deemed to be in violation of this
subsection if compliance would impose an undue burden or fundamentally alter
the nature of the information and communication technology.
"

����
SECTION 4.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

����
SECTION 5.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Discrimination
in Public Accommodations; Persons with Disabilities; Discriminatory Practices;
Places of Public Accommodation

Description:

Establishes that it is an unlawful discriminatory practice
for places 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 using information and communication
technology intended for use by the general public as applicants, participants,
customers, clients, or visitors.
�

Establishes exceptions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.