SB2381

SECTION 1. This Act shall be known and may be cited as the Hawaii Electronic Information Technology Accessibility Act.

SECTION 2. The legislature finds that the advent of the information age is rapidly replacing conventional printed communications with the use of electronic information technology in employment, education, and receipt of services. State entities have particular needs and responsibilities to provide everyone with equal and convenient access to communications relating to programs they administer. Examples include dissemination of information, as well as completion and submission of electronic forms online, whether by employees or the public.

The legislature further finds that great strides have been made in the development and use of technologies that assure access for individuals with disabilities. Advancements include screen readers that are able to report words on a computer screen by voice or braille output for individuals who are blind, and sign language interpretation or captioning of audio presentations for individuals who are deaf. State agencies and other state entities are making great progress in adapting to the Information Age, but the implementation of new technologies and procedures is not consistent or cost-effective in ensuring that these technologies are accessible to individuals with disabilities.

The legislature further finds that ready access to and use of electronic information technology is essential for all citizens to participate equally in all state programs and services, and to receive and enjoy the benefits of state programs and services, which must, by law, be equally available without regard to disability. Cost-effective techniques and products exist to make modern communications technology accessible to individuals with disabilities by proactively addressing accessibility at the time of planning design, development, and procurement of electronic information technology.

The purpose of this Act is to establish and implement standards for providing access to electronic information technology developed, purchased, and used by the State.

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

§ -1 Definitions. For the purposes of this chapter:

"Accessibility" means the ability to receive, use, and manipulate data and operate controls included in electronic information technology in a manner equivalent to that of individuals who do not have disabilities.

"Electronic information 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, and desktop and portable computers.

"Individuals with disabilities" means individuals with impairments that limit their ability to use electronic information technology. This includes but is not limited to individuals who are blind or have impaired vision, are deaf or hard of hearing, have limited or no use of their hands, or have other impairments.

"State entity" means the executive, legislative, and judicial branches of the State, including departments; divisions; agencies; constitutional offices; public bodies; public elementary, secondary, and postsecondary schools; and the University of Hawaii system.

§ -2 Disability access standards. (a) Electronic information technology developed, purchased, or provided by the State shall be accessible to and usable by individuals with disabilities. Access and use by individuals with disabilities shall be equivalent to access and use by individuals without disabilities.

(b) No later than December 31, 2022, the disability and communication access board shall develop and publish accessibility standards for electronic information technology for state entities, pursuant to subsection (a) and Section 508 of the federal Rehabilitation Act, as amended in 1998. The standards shall address, at minimum, the following:

(1) Functional performance criteria and technical requirements for accessibility;

(2) Recommendations for procurement language that can be incorporated into existing state procurement processes to ensure compliance with accessibility standards; and

(3) Recommendations for planning, reporting, monitoring, and enforcement of the accessibility standards by state entities.

(c) The disability and communication access board shall convene a working group of appropriate state entities, representatives, stakeholders, and other appropriate individuals and offices to develop accessibility standards.

(d) The disability and communication access board shall consult with the office of enterprise technology services to assist in the development and implementation of accessibility standards.

(e) Each state entity shall review the accessibility standards published by the disability and communication access board. No later than six months after the standards are published, each state entity shall revise its existing procurement and development rules, policies, and procedures to incorporate the published accessibility standards; provided that the accessibility standards:

(1) Shall apply to electronic and information technology developed or procured by a state entity, or to substantial modifications of electronic and information technology by a state entity; and

(2) Shall not require the installation of specific accessibility-related software or peripheral devices at a workstation of an employee who is not an individual with a disability; provided that the workstation technology is compatible with accessibility-related software or peripheral devices when used by an individual with a disability.

(f) The disability and communication access board shall, at minimum, review the accessibility standards every three years after the date of initial publication and amend the standards as appropriate to reflect technological changes in electronic information technology. All state entities shall review the amended standards no later than six months after they are published and revise its existing procurement and development rules, policies, and procedures to incorporate the published accessibility standards."

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2381
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII