SB814

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 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 composed of 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 Hawaiʻi Electronic Information Technology Multilingual Accessibility Act.

SECTION 3. (a) The office of enterprise technology services shall develop and publish the multilingual accessibility standards, to be known as the Hawaiʻi 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.

(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 composed of 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, including:

(1) Internet and intranet systems;

(2) Websites and interfaces;

(3) Software applications;

(4) Operating systems;

(5) Video and multimedia;

(6) Telecommunication products;

(7) Electronic and digital kiosks;

(8) Information transaction machines;

(9) Copiers and printers;

(10) Desktop and portable computers;

(11) Robotic process automation; and

(12) Natural language processing.

"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. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	814
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII