Hawaii 2025 Regular Session

Hawaii Senate Bill SB1209 Compare Versions

Only one version of the bill is available at this time.

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1	1	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:
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3	3	THE SENATE S.B. NO. 1209
4	4	THIRTY-THIRD LEGISLATURE, 2025
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to transportation.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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: _____________________________
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49	49	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.
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51	51	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.
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53	53	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.
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55	55	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.
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57	57	SECTION 2. Chapter 279J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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59	59	"§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."
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61	61	SECTION 3. Section 279J-10, Hawaii Revised Statutes, is amended to read as follows:
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63	63	"[[]§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.
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65	65	(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.
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67	67	(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.
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69	69	(d) A transportation network company shall not impose additional charges for providing services to persons with physical disabilities.
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71	71	(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:
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73	73	(1) For each violation, a fine of $5,000;
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75	75	(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
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77	77	(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.
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79	79	The department shall make the penalties established pursuant to this section publicly available on the department's website."
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81	81	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.
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83	83	SECTION 5. New statutory material is underscored.
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85	85	SECTION 6. This Act shall take effect upon its approval.
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89	89	INTRODUCED BY: _____________________________
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91	91	INTRODUCED BY:
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99	99	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.
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107	107	Transportation Network Companies; Civil Rights Commission; Discrimination; Service Animals; Violations; Penalties; Fines
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111	111	Description:
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113	113	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.
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121	121	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.