Bill Text: HI SB2782 | 2024 | Regular Session | Amended
Bill Title: Related To Electronic Information Technology.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2024-07-08 - Act 203, 07/05/2024 (Gov. Msg. No. 1304). [SB2782 Detail]
Download: Hawaii-2024-SB2782-Amended.html
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THE SENATE |
S.B. NO. |
2782 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATED TO ELECTRONIC INFORMATION TECHNOLOGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Lahaina community faces many challenges in the aftermath of the August 8, 2023, Maui wildfire. With its unique demographic composition, Lahaina witnessed specific difficulties during the crisis due to language barriers. Notably, thirty-two per cent of Lahaina's 9,118 residents are foreign-born, a statistically significant difference compared to the statewide average of 18.8 per cent. Furthermore, thirty-six per cent of individuals aged five years and older in Lahaina speak a language other than English at home, a significant difference compared to the 25.9 per cent statewide average.
The legislature further finds that electronic information technology developed, purchased, used, modified, 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 also finds that Lahaina, a community significantly affected by the August 8, 2023, Maui wildfire, faces challenges in receiving timely and accurate information and assistance due to a language barrier.
The purpose of this Act is to address language barriers and ensure equitable access to information and assistance for all residents, especially those with limited English proficiency.
SECTION 2. Section 27-43, Hawaii Revised Statutes, is amended to read as follows:
"§27-43
Office of enterprise technology
services; chief information officer; information technology steering committee;
establishment; responsibilities. (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;
(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.
(b) There is established an information technology steering committee to assist the chief information officer in developing the State's information technology standards and policies, including but not limited to:
(1) Assisting the chief information officer in developing and implementing the state information technology strategic plans;
(2) Assessing executive branch departments' progress in meeting the objectives defined in the state information technology strategic plans and identifying best practices for shared or consolidated services;
(3) Ensuring technology projects are selected based on their potential impact and risk to the State, as well as their strategic value;
(4) Ensuring that executive branch departments maintain sufficient tools to assess the value and benefits of technology initiatives;
(5) Assisting the chief information officer in developing state information technology standards and policies; and
(6) Clarifying the roles, responsibilities, and authority of the office of enterprise technology services, specifically as it relates to its statewide duties.
The information technology steering committee shall consist of thirteen members, with four members to be appointed by the senate president, four members to be appointed by the speaker of the house of representatives, one member to be appointed by the chief justice, one member to be appointed by the governor, one member to be appointed by the superintendent of education, and one member to be appointed by the president of the University of Hawaii, and may include representatives from executive branch departments, the legislature, and private individuals. The chief information officer shall serve as an ex officio member and as the chair of the committee. The committee shall select a vice chair from among its members. Each member shall be appointed for four-year terms; provided that each member shall hold office until reappointed by the member's respective appointing authority at the end of the member's term or until the member's successor is appointed.
(c) There is established within the department of
accounting and general services a special fund to be known as the shared
services technology special fund to be administered and expended by the chief
information officer for the purposes of this subsection. Three per cent of the receipts collected from
special funds pursuant to section 36-27 shall be deposited into the shared
services technology special fund. Any
law to the contrary notwithstanding, the moneys in the fund shall be used to
fund the operations of the chief information officer and the information
technology steering committee, including the employment and training of staff
and any other activities deemed necessary by the chief information officer to
carry out the purposes of this section.
(d) The chief information officer and the comptroller may raise funds to defray administrative costs and may accept donations of money and personal property on behalf of the information technology steering committee; provided that all donations accepted from private sources shall be expended in the manner prescribed by the contributor, and all moneys received shall be deposited into the information technology trust account. The chief information officer may also directly receive donated personal services and personal property for which funding is not required.
(e) The chief information officer shall present an annual report of the office of enterprise technology services to the information technology steering committee for public comment and shall thereafter, but no later than twenty days prior to the convening of each regular session of the legislature, submit the annual report to the governor and legislature. The annual report shall include updates on the activities and programs under the authority of the chief information officer and the information technology steering committee, and the expenditures of all moneys received from all sources and deposited into the information technology trust account and the shared services technology special fund.
(f) The chief information officer shall submit the updated state information technology strategic plan, revised pursuant to subsection (a)(7), to the governor and the legislature no later than twenty days prior to the convening of every fourth regular session of the legislature; provided that the chief information officer shall submit the first updated state information technology strategic plan to the governor and the legislature no later than twenty days prior to the convening of the regular session of 2021.
(g) The office of enterprise technology shall
develop multilingual accessibility standards, in consultation with the office
of language access, to provide technical guidance to state entities related to
public access to vital information and documents. These multilingual accessibility standards
shall:
(1) Encourage
state entities to implement language accessibility cost-effectively, taking
into consideration the unique challenges and circumstances of each entity;
(2) Include
functional performance criteria and technical requirements for multilingual
accessibility standards;
(3) Provide
recommendations for procurement language that can be incorporated into existing
state procurement processes to conform to multilingual accessibility standards;
(4) Offer
other guidance for planning, reporting, and monitoring to ensure that state
entities implement the multilingual accessibility standards without impeding
modernization efforts; and
(5) Apply
to electronic information technology developed, purchased, used, modified, or
provided by a state entity to assure access to language services as required by
state and federal law, rules, and regulations.
The office of enterprise technology
services, in consultation with the office of language access, shall review the
multilingual accessibility standards every three years 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.
(h) For the purposes of this section:
"Access
and accessibility" means to be informed of, participate in, and benefit
from the services, programs, and activities offered by a state entity.
"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, or judicial branches of state
government, and departments, offices, commissions, boards, or other agencies of
the executive, legislative, or judicial branches of state government."
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 establish one full-time equivalent (1.00 FTE) permanent program manager position for the office of information technology.
The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Filipino Caucus; Office of Enterprise Technology Services; English Interpretations; Expenditure Ceiling; Appropriation
Description:
Requires the Office of Enterprise Technology to develop multilingual accessibility standards. Appropriates funds to establish one full-time position (1.0 FTE) to develop multilingual accessibility standards within the Office of Enterprise Technology Services. Declares that the general fund expenditure ceiling is exceeded. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
