The following is a model Technology Act.
Any final version would of course include definitions.
Please desseminate this bill widely. The NFB of Maryland is working to have
it introduced there, and introduction in other states is likely.
David Andrews BILL NUMBER
An act to secure the benefits of access to information technology
for individuals who are blind or visually impaired and thereby unable
to access visual displays; to provide an equivalent, non-visual access
means for the use of information technology when such technology is
obtained by the state, or by a state-assisted program; and to ensure
that procurement specifications and decisions made in purchasing
technology for the creation, storage, retrieval, and dissemination of
information require the suppliers of such technology to include both
visual and non-visual access alternatives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF :
SECTION 1. FINDINGS; POLICY.
(a) FINDINGS The Legislature finds that--
(1) the advent of the information age throughout the United
States and around the world has resulted in lasting changes in
information technology;
(2) use of interactive visual display terminals by state and
state-assisted programs is becoming a widespread means of access for
employees and the public to obtain information available
electronically, but non-visual access, whether by speech, Braille or
other appropriate means has been overlooked in purchasing and deploying
the latest information technology;
(3) presentation of electronic data solely in a visual format is
a barrier to access by individuals who are blind or visually impaired,
preventing them from participating on equal terms in crucial areas of
life, such as education and employment;
(4) alternatives, including both software and hardware
adaptations, have been created so that interactive control of computers
and use of the information presented is possible by both visual and
non-visual means; and
(5) the goals of the state in obtaining and deploying the most
advanced forms of information technology properly include universal
access so that segments of society with particular needs (including
individuals unable to use visual displays) will not be left out of the
information age.
(b) POLICY. It is the policy of the State of that all
programs and activities of the state which are supported in whole or in part
by public funds shall be conducted in accordance with the following
principles:
(1) individuals who are blind or visually impaired have the right
to full participation in the life of the state, including the use of
advanced technology which is provided by the state or state-assisted
programs for use by employees, program participants (including
students), and the public; and
(2) technology purchased in whole or in part with funds provided
by the state to be used for the creation, storage, retrieval, or
dissemination of information and intended for use by employees, program
participants (including students), and members of the general public
shall be accessible to and usable by individuals who are blind or
visually impaired.
SECTION 2. ACCESS BY EMPLOYEES AND PROGRAM PARTICIPANTS.
(a) In general, the head of each department, agency, or state- assisted
program shall ensure that information technology equipment and software used
by employees or program participants (including students) who are blind or
visually impaired--
(1) can present information for effective, interactive control
and use by both visual and non-visual means;
(2) is compatible with equipment and software used by other
individuals with whom the blind or visually impaired individual must
interact; and
(3) can be integrated into the network or networks used to share
communications among employees or program participants.
(b) Nothing in this section requires the installation of specific
non-visual access software or peripheral devices at a workstation during any
period of time in which the individual using the equipment does not require
non-visual access.
(c) Notwithstanding the provisions of paragraph (b) of this section, the
applications programs and underlying operating systems (including the format
of the data) used for the manipulation and presentation of information at
all workstations shall permit the installation and effective use of
non-visual access software and peripheral devices.
SECTION 3. PUBLIC ACCESS.
(a) In general, the head of each department, agency, or state- assisted
program shall ensure that information technology used in the dissemination
of services to the public--
(1) provides blind or visually impaired individuals with access
(including interactive use of the equipment and services) which is
equivalent to that provided to individuals who are not blind or
visually impaired; and
(2) is designed to present information (including prompts used
for interactive communications) in formats intended for both visual and
non-visual use.
SECTION 4. PROCUREMENT REQUIREMENTS.
(a) Compliance with Sections 2 and 3 of this Act shall be effected by means
of a "technology access clause" which shall be included in all contracts or
agreements entered into by the state (or any of its agencies or
state-assisted programs) on or after the effective date of this Act.
(b) Technology Access Clause. The "technology access clause" shall be
developed by the administrator of General Services in consultation with the
heads of other departments and agencies of the state (including the
Technology Access Board established pursuant to Section 5 of this Act) and
after public comment. The clause shall clearly state, as a condition for
the expenditure of state funds in the purchase of information technology,
that the technology-- (1) will provide equivalent access for
effective use by both visual and non-visual means;
(2) will present information (including prompts used for
interactive communications) in formats intended for both visual and
non-visual use; and
(3) can be integrated into networks for obtaining, retrieving,
and disseminating information used by individuals who are not blind or
visually impaired.
(c) Existing Systems. Compliance with Sections 2 and 3 of this Act in
regard to information technology purchased prior to the effective date of
this Act shall be achieved at the time of procurement of an upgrade or
replacement of the existing equipment or software.
SECTION 5. BLIND INDIVIDUALS' TECHNOLOGY ACCESS BOARD
(a) There is established within the Office of the Governor, the Blind
Individuals' Technology Access Board (hereinafter referred to as "The
Board") which shall be composed as follows:
(1) Five members shall be appointed by the Governor from
among members of the general public of whom at least a majority
shall be individuals who are blind or visually impaired.
(2) The remaining members shall be heads of each of the
following departments or agencies (or their designees):
(i) Department of Education (ii) Department of Labor
(iii) Department of General Services (iv) State agency
for vocational rehabilitation services
(3) The chairperson of the Board shall be blind or visually
impaired and shall be elected by a majority vote of the members
appointed pursuant to paragraph (1) of this subsection, and the
vice chairperson shall be elected by a majority vote of the
members appointed pursuant to paragraph (2).
(4) (i) The term of office of each member appointed
pursuant to paragraph (a) of this section shall be three
years, except as provided in clause (ii).
(ii) (I) Two members first appointed upon enactment
of this Act shall be appointed to serve for
a term of three years.
(II) Two members first appointed upon enactment
of this Act shall be appointed to serve for
a period of two years.
(III) One member first appointed upon enactment of
this Act shall be appointed to serve for a
term of one year.
(5) A member whose term has expired may continue to serve
until a successor has been appointed.
(6) Each member of the Board appointed under paragraph (a)
shall be entitled to reimbursement for actual expenses incurred in
connection with the performance of official duties.
(7) It shall be the functions of the Board to--
(i) establish general performance standards for
technology designed to provide individuals who
are blind or visually impaired with equivalent
non-visual access to visual display devices;
(ii) recommend procurement specifications for
information access technology based on the standards
developed pursuant to clause (i);
(iii) provide advice and technical assistance
pertaining to accessible information technology for
blind and visually impaired individuals; and
(iv) evaluate specific equipment or software and
provide the results thereof before procurement
decisions are made.
SECTION 6. ACTION FOR INJUNCTION
(a) A person injured by a violation of this Act may maintain an action for
injunctive relief to enforce the terms of the Act.
(b) Limitation period for civil action.--
(1) Any such action shall be commenced within four years
after the cause of action accrues.
(2) For the purposes of this subsection, a cause of action
for a continuing violation accrues at the time of the latest
violation.
SECTION 7. This act shall take effect and be in force from ...........
David Andrews (dandrews@visi.com)
or BBS: (telnet to nfbnet.org) or call (612) 696-1975
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