SB786

SECTION 1. The legislature finds that the federal Americans with Disabilities Act of 1990 requires all state and local governments to ensure that their programs, services and activities are accessible for people with disabilities. The legislature finds however, that certain government records, including documents and media presentations, that are required to be made accessible to the public are often not readily available to individuals with communication disabilities, such as people who have vision, hearing, or speech disabilities. The legislature also finds that there is a lack of clarity in the existing standard operating procedures of state and county governmental agencies for processing requests for document conversion into disability-accessible formats.

Accordingly, the purpose of this Act is to:

(1) Beginning January 1, 2027, require all government records required to be open to public inspection under the uniform information practices act to be made available in a disability-accessible format upon request;

(2) Require the governor, chief justice, and mayor of each county to designate at least one agency within their respective government unit as a converting agency responsible for converting government records into a disability-accessible format upon request; and

(3) Establish the process by which government records shall be converted into disability-accessible format upon request.

SECTION 2. Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§92F- Government records; conversion to disability‑accessible format. (a) Beginning January 1, 2027, all government records required to be open to public inspection pursuant to this chapter shall be made available in a disability-accessible format upon request.

(b) The governor, chief justice, and mayor of each county shall designate an agency within their respective government unit as a converting agency responsible for converting government records into a disability-accessible format pursuant to this section; provided that additional agencies may be designated as a converting agency to ensure a timely response.

(c) An initiating agency, upon request by any person for inspection of government records in a disability-accessible format shall, in a timely manner:

(1) Retrieve the requested government record;

(2) File a request for conversion with the converting agency accompanied by the retrieved government record in a clear and easily convertible format; and

(3) Furnish the requesting person with the requested government record in the format requested.

(d) The converting agency, upon request by an initiating agency pursuant to subsection (c), shall accurately convert the government records into the format requested and furnish the initiating agency with the converted records in a timely manner.

(e) The converting agencies may consult with the disability communications access board to effectuate the purposes of this Act.

(f) Nothing in this section shall be construed to hold the initiating agency liable for failure to respond to a request for government records in a disability-accessible format in a timely manner; provided that the initiating agency filed a request for conversion and provided the converting agency with the requested government record in a clear and easily convertible format in a timely manner.

(g) The office of information practices, judiciary, and each county shall adopt rules, regulations, or ordinances necessary to carry out the purposes of this section; provided that the time period within which an initiating agency shall respond to requests for government records shall be extended by five business days if the requested record is to be furnished in a disability-accessible format; provided further that the extension of time shall not apply to requests for government records pertaining to board meetings.

(h) For the purposes of this section:

"Assistive technology" means software or equipment used to support the functional capabilities of an individual with a disability.

"Board meeting" has the same meaning as "meeting" defined in section 92-2.

"Converting agency" means an agency designated pursuant to section (b) to convert government records into a disability‑accessible format pursuant to this section.

"Disability-accessible format" means any communication method used to provide an individual with a disability access to information that is equally effective as a communication method provided to an individual without a disability, including formats that support assistive technology available to and used by individuals with disabilities.

"Initiating agency" means an agency that receives a request for government records in a disability-accessible format."

SECTION 3. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the converting agency of the executive branch of the State to implement this Act, including:

(1) The procurement of necessary equipment and training; and

(2) Establishment of 0.5 full-time equivalent (0.5 FTE) position to assist the converting agency to implement this Act;

provided that the requests for proposals for equipment and training shall be issued no earlier than January 1, 2026, and no later than March 31, 2026; provided further that the requests for proposals may be issued jointly by the executive and judicial branches of the State and all counties.

The sums appropriated shall be expended by the office of the governor for the purposes of this Act.

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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the converting agency of the judiciary to implement this Act, including:

(1) The procurement of necessary equipment and training; and

(2) Establishment of 0.5 full-time equivalent (0.5 FTE) position to assist the converting agency to implement this Act;

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 5. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid for the converting agency of each county to implement this Act, to be allocated as follows:

(1) $ to the county of Hawaii;

(2) $ to the county of Kauai;

(3) $ to the county of Maui; and

(4) $ to the city and county of Honolulu,

for the procurement of necessary equipment and training and establishment of 0.5 full-time equivalent (0.5 FTE) position to assist the converting agency of each county to implement this Act; provided that the requests for proposals for equipment and training shall be issued no earlier than January 1, 2026, and no later than March 1, 2026; provided further that the requests for proposals may be issued jointly by the executive and judicial branches of the State and all counties.

The sums appropriated shall be expended by each county for the purposes of this Act.

SECTION 9. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	786
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII