SB2852 would require the Hawaii Civil Rights Commission to adopt administrative rules governing digital accessibility for places of public accommodation, such as businesses and service providers that use websites, apps, and other information and communication technologies to interact with customers. The bill ties those rules to the U.S. Department of Justice’s Title II web accessibility framework as of June 24, 2024, and makes violations of the rules an unlawful discriminatory practice under Hawaii’s civil rights law.
The bill also amends Hawaii Revised Statutes section 489-5 to expressly state that it is discriminatory to deny a person with a disability full and equal enjoyment of public accommodations, or related information, by requiring the use of inaccessible information and communication technology. In effect, the measure clarifies that digital inaccessibility can be treated as disability discrimination under state law and subjects such conduct to the remedies and complaint procedures already available under chapter 489 and chapter 368.
Impact
The bill expands and clarifies Hawaii’s public accommodations discrimination law by expressly covering digital access barriers and by directing the Civil Rights Commission to regulate this area through rulemaking. It creates a new statutory basis for enforcement against inaccessible websites, apps, and similar technologies used by public accommodations, while also authorizing complaints and remedies under existing civil rights enforcement mechanisms. Businesses and other public accommodation providers would need to align their digital services with the commission’s rules once adopted.
Sentiment
The available voting history shows strong, unanimous support at every recorded stage, with all committee and conference votes passing 3-0, 4-0, or 5-0. The bill’s findings and structure suggest a broadly supportive policy consensus around improving access for persons with disabilities while using administrative rulemaking to provide flexibility and technical guidance. No committee transcript material is provided, and the recorded actions do not indicate organized opposition.
Contention
The main policy issue is not whether digital accessibility matters, but how it should be implemented and enforced. The bill emphasizes rulemaking rather than fixed statutory standards, reflecting a likely concern about technical complexity, evolving technology, and the need for input from both disability advocates and businesses. Potential points of tension include compliance costs for public accommodations, the scope of what counts as accessible technology, and the extent to which the state should mirror federal web accessibility standards; however, the recorded votes do not show these concerns rising to active opposition.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.