SB3311

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 amending 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, 2025, 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:	_____________________________

THE SENATE	S.B. NO.	3311
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII