As some of you know, the NFB has drafted model technology access legislation
to be used on the state level. Many people will be3 trying to get it
adopted in their state in the near future.
Based on our experience so far, the model bill was modified in November, and
apears below.
David Andrews
INFORMATION TECHNOLOGY ACCESS
STATE MODEL BILL
BILL NUMBER
An act to secure the benefits of access to information
technology for individuals who are blind or visually
impaired through the procurement of such technology in
accordance with standards for equivalent access by both
visual and nonvisual means.
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 organizations is becoming a widespread
means of access for employees and the public to obtain
information available electronically, but nonvisual 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 nonvisual 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 (insert name of
state) that all programs and activities 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 organizations for use by
employees, program participants, and members of the general
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, and members of the
general public shall be accessible to and usable by
individuals who are blind or visually impaired.
SECTION 2. DEFINITIONS.
In this Act the following words have the meanings indicated.
(a) "Access" means the ability to receive, use, and manipulate
data and operate controls included in information technology.
(b) "Blind or visually impaired individual" means an individual
who:
(1) has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision
so that the widest diameter of the visual field
subtends an angle no greater than 20 degrees;
(2) has a medically indicated expectation of visual
deterioration; or
(3) has a medically diagnosed limitation in visual
functioning that restricts the individual's ability to
read and write standard print at levels expected of
individuals of comparable ability.
(c) "Covered entity" means the state or any state-assisted
organization.
(d) "Information technology" means all electronic information
processing hardware and software, including telecommunications.
(e) "Nonvisual" means synthesized speech, Braille, and other
output methods not requiring sight.
(f) "State" means the state or any of its departments, agencies,
public bodies, or other instrumentalities.
(g) "State-assisted organization" means a college, nonprofit
organization, person, political subdivision, school system, or
other entity supported in whole or in part by state funds.
(h) "Telecommunications" means the transmission of information,
images, pictures, voice or data by radio, video or other
electronic or impulse means.
SECTION 3. ASSURANCE OF NONVISUAL ACCESS.
(a) In general, the head of each covered entity shall ensure that
information technology equipment and software used by employees,
program participants, or members of the general 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;
(2) is designed to present information (including prompts
used for interactive communications) in formats intended for
both visual and nonvisual use; and
(3) has been purchased under a contract which includes the
technology access clause required pursuant to section 4 of
this act.
SECTION 4. PROCUREMENT REQUIREMENTS.
(a) Technology Access Clause. The technology access clause
specified in section 3 of this act shall be developed by (insert
name of the appropriate state authority) and shall require
compliance with nonvisual access standards established by the
state. The clause shall be included in all contracts for the
procurement of information technology by, or for the use of,
entities covered by this Act on or after the effective date of
this Act.
(b) Nonvisual Access Standards. The nonvisual access standards
established by the state pursuant to subsection (a) of this
section shall include such specifications as are necessary to
fulfill the assurances in section 3 of this Act and shall include
the following minimum specifications:
(1) that effective, interactive control and use of the
technology (including the operating system), applications
programs, and format of the data presented, is readily achievable
by nonvisual means;
(2) that the technology equipped for nonvisual access
must be compatible with information technology used by other
individuals with whom the blind or visually impaired individual
must interact;
(3) that nonvisual access technology must be integrated
into networks used to share communications among employees,
program participants, and the public; and
(4) that the technology for nonvisual access must have
the capability of providing equivalent access by nonvisual means
to telecommunications or other interconnected network services
used by persons who are not blind or visually impaired.
SECTION 5. IMPLEMENTATION.
(a) Phase-in. For the purpose of assuring the effective phasing
in of nonvisual access technology procurement, the head of any
covered entity--
(1) may not approve exclusion of the technology access
clause from any contract with respect to the compatibility of
standard operating systems and software with nonvisual access
software and peripheral devices or with respect to the initial
design, development, and installation of information systems,
including the design and procurement of interactive equipment and
software; or
(2) may, with respect to nonvisual access software or
peripheral devices obtained during the three-year period,
beginning upon the date of enactment of this Act, approve
exclusion of such clause to the extent that the cost of such
software or devices for the covered entity exceeds--
(i) $50,000 for the first year;
(ii) $100,000 for the second year; and
(iii) $250,000 for the third year.
(b) Nothing in this section requires the installation of software
or peripheral devices used for nonvisual access when the
information technology is being used by individuals who are not
blind or visually impaired.
(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 shall permit the
installation and effective use of nonvisual access software and
peripheral devices.
(d) Existing Systems. Compliance with 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 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 this 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 the
date of enactment of this Act.
David Andrews (dandrews@visi.com)
or BBS: (telnet to nfbnet.org) or call (612) 696-1975
Net-Tamer V 1.10 Beta - Registered
This archive was generated by hypermail 2b29 : Sun Dec 02 2012 - 01:30:04 PST