HB1419 HD1

SECTION 1. The legislature finds that the advent of the information age has brought rapid replacement of conventional printed communications with electronic information technology in employment, education, and receipt of services. State entities are making great progress, but the implementation of new technologies and procedures is not consistently or cost-effectively made accessible to individuals with disabilities.

The legislature further finds that equal access to electronic information technology is essential for all citizens to participate and benefit equally in all programs and services. Electronic information technology developed, purchased, or provided by the State should be equally accessible to and usable by individuals with disabilities. Cost-effective techniques and products exist to make electronic information technology accessible to individuals with disabilities by proactively addressing accessibility at the time of planning, designing, developing, and procuring electronic information technology.

The purpose of this Act is to require the office of enterprise technology services to develop, publish, and periodically update electronic information technology disability access standards.

SECTION 2. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

"§27- Hawaii Electronic Information Technology Disability Access Standards; development; review and updates. (a) The office of enterprise technology services shall develop, publish, and periodically update accessibility standards, to be known as the "Hawaii Electronic Information Technology Disability Access Standards," to be used and implemented by all state entities.

(b) The chief information officer, in consultation with the disability and communication access board, shall convene a working group with representation from appropriate state entities, stakeholders, and other appropriate individuals and officials to review the accessibility standards every three years and update them as necessary. Within six months of any published updated accessibility standards, each state entity shall review the updated accessibility standards and make revisions to existing procurement or development rules, policies, and procedures under its control to incorporate the updated standards.

(1) Be consistent with standards issued by the United States Access Board in the implementation of section 508 of the Rehabilitation Act of 1973, as amended;

(2) Be consistent with the web content accessibility guidelines of the W3C Web Accessibility Initiative; and

(3) Apply to electronic information technology developed or procured by a state entity, or to substantial modifications made to electronic information technology by a state entity.

(d) The accessibility standards shall address, at minimum, the following:

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

(2) Recommendations for state procurement to ensure compliance with accessibility standards; and

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

(e) The accessibility standards 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 needed by an individual with a disability when using the technology.

(f) As used in this section:

"Accessibility" means the ability of an individual with a disability 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.

"Individual with a disability" means an individual with impairments that limit their ability to use electronic information technology, including an individual who is blind or has low vision, an individual who is deaf or hard of hearing, an individual who has limited or no use of their hands, or an individual who has other similar impairments.

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

SECTION 3. Section 27-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established within the department of accounting and general services the office of enterprise technology services, which shall be headed by a full-time chief information officer to organize, manage, and oversee statewide information technology governance. The chief information officer shall be appointed by the governor as provided in section 26-34. The chief information officer shall report directly to the governor and shall:

(1) Develop, implement, and manage statewide information technology governance;

(2) Develop, implement, and manage the state information technology strategic plans;

(3) Develop and implement statewide technology standards[;], including the Hawaii Electronic Information Technology Disability Access Standards pursuant to section 27- ;

(4) Work with each executive branch department and agency to develop and maintain its respective multi-year information technology strategic and tactical plans and road maps that are part of the State's overall information technology strategic plans, road maps, and directions;

(5) Coordinate each executive branch department and agency's information technology budget request, forecast, and procurement purchase to ensure compliance with the department or agency's strategic plan and road map and with the office of enterprise technology services' information technology governance processes and enterprise architecture policies and standards, including policies and standards for systems, services, hardware, software, and security management;

(6) Report annually to the governor and the legislature on the status and implementation of the state information technology strategic plan;

(7) Update the state information technology strategic plan every four years;

(8) Perform other necessary or desirable functions to facilitate the intent of this section;

(9) Employ persons exempt from chapters 76 and 89;

(10) Provide centralized computer information management and processing services, coordination in the use of all information processing equipment, software, facilities, and services in the executive branch of the State, and consultation and support services in the use of information processing and management technologies to improve the efficiency, effectiveness, and productivity of state government programs;

(11) Establish, coordinate, and manage a program to provide a means for public access to public information and develop and operate an information network in conjunction with overall plans for establishing a communication backbone for state government; and

(12) Adopt rules, pursuant to chapter 91, necessary for the purposes of this part."

SECTION 4. (a) By January 1, 2023, the office of enterprise technology services shall develop and publish the Hawaii Electronic Information Technology Disability Access Standards established pursuant to section 27- , Hawaii Revised Statutes, to be used and implemented by all state entities.

(b) By July 1, 2023, each state entity shall review the Hawaii Electronic Information Technology Disability Access Standards and make revisions to existing procurement or development rules, policies, and procedures under its control to incorporate the standards.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2060.

HOUSE OF REPRESENTATIVES	H.B. NO.	1419
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII