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SB2852
THE SENATE
S.B. NO.
2852
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO CIVIL RIGHTS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the information age is changing how providers of public
accommodations and public services communicate with their customers.
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Many service providers use websites, software
applications, and other technologies to take reservations, display menus, take
orders, make sales, and provide product information.
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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.
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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.
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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.
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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.
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SECTION 2.
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Section 489-2, Hawaii Revised Statutes, is amended by adding four new
definitions to be appropriately inserted and to read as follows:
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"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.
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"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.
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"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.
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"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.
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SECTION
3
.
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Section 489-5, Hawaii Revised Statutes, is
amended to read as follows:
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"
�489-5
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Other discriminatory practices.
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(a)
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It
[
is
]
shall be
a discriminatory practice for two or more persons
to conspire[
:
]
to:
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(1)
�
[
To
retaliate
]
Retaliate
or discriminate against a person because the
person has opposed an unfair discriminatory practice;
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(2)
�
[
To
aid,
]
Aid,
abet, incite, or coerce a person to engage in a
discriminatory practice; or
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(3)
�
Wilfully[
,
to
] obstruct[
,
] or prevent[
,
] a person from complying with
this chapter.
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(b)
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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.
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(c)
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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.
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(d)
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Beginning July 1, 2026, each place of public accommodation shall ensure
that all:
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(1)
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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
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(2)
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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.
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(e)
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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.
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(f)
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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.
"
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SECTION 4.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 5.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon it approval.
INTRODUCED BY:
_____________________________
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.
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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.