SB2751

SECTION 1. The legislature finds that it is the policy of the State that the formation and administration of public policy be conducted as openly as possible. Access to information used in discussions, deliberations, decisions, and actions of governmental agencies must be made available as a matter of right, consistent with the State's Sunshine Law.

The legislature further finds that, when information is distributed by public agencies, individuals with disabilities may need alternative formats to access and use the information, but agencies often fail to meet this need. Failure to provide individuals with disabilities access to public information is a denial of that person's rights, and is in contradiction to the legislature's intent.

Accordingly, the purpose of this Act is to:

(1) Establish disability access requirements for the distribution of public documents and media presentations by public agencies; and

(2) Appropriate funds.

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

"§92- Accessibility; documents and media presentations. (a) Documents and media presentations provided to board members and the public under this chapter shall be made available in a disability accessible format.

(b) A board shall inform individuals who submit documents and media presentations of the requirement to be in a disability accessible format. A board shall make reasonable efforts to provide alternative disability-accessible documents and media presentations when the format used is not accessible or when assistive technology is not available.

(1) Assist the office of information practices with acquisition of training information and preparation of training materials, including media presentations needed to support this section;

(2) Take part in training sessions and provide technical assistance to public agencies; and

(3) Review complaints filed with the director of the office of information practices under section 92-1.5 alleging a board's failure to provide disability access and provide the office of information practices expert evaluation to be used in the disposition of complaints.

(d) For the purposes of this section:

"Accessible" means information in documents and media presentations provided to an individual with a disability that is equally effective to access as information provided to an individual without a disability.

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

"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.

"Documents and media presentations" means recorded written or audiovisual materials used to communicate information and ideas.

"Individual with a disability" means an individual having an impairment that limits the individual's ability to obtain information from documents and media presentations, including individuals who have:

(1) No or limited vision;

(2) No or limited hearing;

(3) No or limited use of their hands; or

(4) Other similar impairments."

SECTION 3. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by 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 2024-2025 to support the acquisition of training information and the preparation of training materials and media presentations and to provide technical assistance to boards as defined in section 92‑2, Hawaii Revised Statutes.

The sum appropriated shall be expended by the disability and communication access board for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2751
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII