Bill Text: HI SB814 | 2023 | Regular Session | Amended
Bill Title: Relating To Electronic Information Technology Accessibility For Persons With Limited English Proficiency.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Vetoed) 2023-07-07 - Vetoed on 07-07-23 - Returned from the Governor without approval (Gov. Msg. No. 1362). [SB814 Detail]
Download: Hawaii-2023-SB814-Amended.html
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THE SENATE |
S.B. NO. |
814 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTRONIC INFORMATION TECHNOLOGY ACCESSIBILITY FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that all electronic information technology developed,
purchased, used, or provided by a state entity must be made accessible to
persons with limited English proficiency as provided by title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d); Executive Order No. 13166; Executive
Order No. 14031; and chapter 321C, Hawaii Revised Statutes. Electronic information is rapidly replacing
print media, and all residents need access to technology to work and
participate fully in state programs, services, and activities.
The
legislature further finds that uniform standards are needed to ensure that state
entities are proactively addressing language access in communications,
information technology development, and technology procurement processes.
Accordingly,
the purpose of this Act is to require the office of enterprise technology
services, in consultation with the office of language access and a working
group comprising stakeholders, to develop and publish electronic information technology
standards for multilingual accessibility to be implemented by all state
entities.
SECTION 2.
This Act may be cited as the Hawaii Electronic Information
Technology Multilingual Accessibility Act.
SECTION 3.
(a) The
office of enterprise technology services shall develop and publish multilingual
accessibility standards, to be known as the Hawaii electronic information
technology multilingual accessibility standards, to be implemented by all state
agencies.
(b) The chief information officer, in
consultation with the office of language access, shall convene a working group
to assist in drafting the multilingual accessibility standards. Representatives from state entities and other
relevant stakeholders, as determined by the chief information officer and the
office of language access, shall be invited by the chief information officer to
participate.
(c) The multilingual accessibility standards
shall:
(1) Require that all electronic information
developed, purchased, used, or provided by a state entity be made language
accessible to persons with limited English proficiency, as provided by title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d); Executive Order No. 13166;
Executive Order No. 14031; and chapter 321C, Hawaii Revised Statutes; and
(2) Include, at a minimum:
(A) Functional performance criteria and technical
requirements for multilingual accessibility;
(B) Recommendations for procurement language
that can be incorporated into existing state procurement processes to conform
to multilingual accessibility standards; and
(C) Recommendations for planning, reporting,
monitoring, and enforcement processes to ensure that state entities implement
the multilingual accessibility standards.
(d) No later than six months after the publication
of the multilingual accessibility standards, each state entity shall review the
standards and revise the entity's existing procurement and development rules,
policies, and procedures to incorporate the standards.
(e) The multilingual accessibility standards
shall apply to:
(1) All electronic information technology
developed, purchased, used, or provided by a state entity; and
(2) All substantial modifications made by a
state entity to electronic information technology.
(f) The office of enterprise technology services,
in consultation with the office of language access, shall review the
multilingual accessibility standards every three years after the date of
initial publication, or more frequently if the chief information officer deems
it necessary, and amend the standards to reflect advances or changes in
electronic information technology rules or superseding federal rules,
regulations, and guidance. The chief
information officer, in consultation with the office of language access, may form
a working group comprising stakeholders to assist with carrying out the review
and amendments. Within six months of the
publication of any amended multilingual accessibility standards, each state
entity shall review the amended standards and shall revise the entity's
existing procurement and development rules, policies, and procedures to
incorporate the amended standards accordingly.
(g) As used in this Act:
"Accessibility"
means the ability of a limited English proficient person to receive, use, and
manipulate data and operate controls included in electronic information
technology in a manner equivalent to that of an individual who is English
proficient.
"Electronic
information technology" means electronic information, software, systems,
and equipment used in the creation, manipulation, storage, display, or
transmission of data, as defined in the electronic information technology
standards for multilingual accessibility.
"Limited
English proficient" means an individual who, on account of national origin,
does not speak English as the person's primary language and self identifies as
having a limited ability to read, write, speak, or understand the English
language.
"State
entity" means the executive, legislative, and judicial branches of the
State, including its departments, divisions, and offices; public bodies; public
elementary, secondary, and post-secondary schools; and the University of
Hawaii.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 to establish one full-time equivalent (1.00 FTE) permanent program manager position for the purposes of this Act.
The sum appropriated shall be expended by the office of enterprise technology services for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2112.
Report Title:
Electronic Information Technology; Accessibility; Multilingual; Limited English Proficiency; Standards; Office of Enterprise Technology Services; Office of Language Access; Working Group; Procurement; Appropriation
Description:
Requires
the Office of Enterprise Technology Services, in consultation with the Office
of Language Access and a working group comprising stakeholders, to develop and
publish, and periodically review and update, electronic information technology
multilingual accessibility standards to be implemented by all state entities. Appropriates funds for one full-time
equivalent (1.00 FTE) position.
Effective 7/1/2112. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
