H. B. 2764
(By Delegates Schadler, Manuel and Mahan)
[Introduced February 12, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article three-b, relating
to creating the West Virginia Information Technology Access
Act; providing for access to information available by
computer or other electronic technology by the state of West
Virginia, its political subdivisions and other related
public entities, by individuals who are blind or visually
impaired; providing a short title; stating legislative
findings and policy; stating definitions; setting forth
provisions for nonvisual access; requiring nonvisual access
to information technology used by public employees, public
program participants and the public who are blind or
visually impaired; setting forth standards and criteria for
nonvisual access of electronically stored and displayed data by public employees and the public; providing for
implementation of the requirements of this article by the
chief technology officer; providing for legislative rules;
setting forth applicability of the criteria and standards
and exceptions thereto; creating an action for injunctive
relief for persons denied access by a violation of this
article.
Be it enacted by the Legislature of West Virginia:
That chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article three-b, to read
as follows:
ARTICLE 3B. INFORMATION TECHNOLOGY ACCESS.
§5A-3B-1. Short title; legislative findings; policy.
(a) Short title -- The short title by which this article may
be referred to is "West Virginia Information Technology Access
Act."
(b) Legislative findings -- The Legislature finds that:
(1) The use of interactive visual display terminals by
various public entities in this state is becoming a widespread
means for employees and the public to obtain information
available by electronic means; however, nonvisual access, whether
by speech, braille or other means has been overlooked in the purchasing and deployment of the latest information technology;
(2) The 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 critical areas of obtaining information, such as
education and employment;
(3) Alternatives, including both hardware and software
adaptations, have been created to allow interactive control of
computers and use of information presented by both visual and
nonvisual means; and
(4) The goals of the state in obtaining and deploying the
most advanced forms of information technology properly include
universal access so that individuals unable to use visual
displays will not be omitted from the information age.
(c) Policy -- It is the policy of the state of West Virginia
that all programs and activities which are supported in whole or
in part by public funds shall be conducted according to the
following principles:
(1) Individuals who are blind or visually impaired have the
right to full participation in the activities of the state,
including the use of advanced technology;
(2) Technology purchased with state funds to be used for the
creation, storage, retrieval or dissemination of information for
use by employees, program participants and members of the general public shall be accessible by individuals who are blind or
visually impaired.
§5A-3B-2. Definitions.
The following words and phrases as used in this article,
unless a different meaning is clearly indicated by the context,
shall have the following meanings:
(a) "Access" means the ability to receive, use and interpret
data and operate controls utilized 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 of no
greater than twenty degrees;
(2) Has a medical diagnosis 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) "Employer" means an "employer" as defined in section
two, article sixteen of this chapter;
(d)"Employee" means an "employee" as defined in section two,
article sixteen of this chapter;
(e) "Information equipment" includes central processing
units, front-end processing units, miniprocessors,
microprocessors and related peripheral equipment such as data
storage devices, networking equipment, services, routers,
document scanners, data entry equipment, terminal controllers,
data terminal equipment, computer-based word processing systems
other than memory typewriters and equipment and systems for
computer networks;
(f) "Information systems" means computer-based information
equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by
electronic or mechanical means;
(g) "Information technology" means data processing and
telecommunications hardware, software, services, supplies,
personnel, maintenance and training, and includes the programs
and routines used to employ and control the capabilities of data
processing hardware;
(h) "Nonvisual" means synthesized speech, braille and other
output methods not requiring sight;
(i) "State" means any employer as defined in this section;
(j) "Telecommunications" means any transmission, emission or
reception of signs, signals, writings, images or sounds of
intelligence of any nature by wire, radio or other
electromagnetic or optical systems. The term includes all facilities and equipment performing those functions that are
owned, leased or used by the executive agencies of state
government.
§5A-3B-3. Provisions for nonvisual access.
(a) Beginning the first day of July, two thousand, all
information technology purchased by the state or its employers
for use by employees who are blind or visually impaired
individuals or for use by participants of public programs of the
state or the general public who are blind or visually impaired
shall meet the following criteria:
(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 in formats intended
for both visual and nonvisual use;
(3) Is compatible with technology used for access by
nonvisual means and provide for effective, interactive control
and use of operating systems, applications, programs and the
logical organization of the data format presented;
(4) Permits use by nonvisual means when integrated into
networks used to share communications among employees, program
participants and the public, where applicable; and
(5) May be obtained without modification for compatibility with software and hardware used for nonvisual access whenever
technology not requiring such modification is commercially
available.
(b) The chief technology officer shall propose legislative
rules for promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code to: (1)
Implement the provisions of this article; (2) establish a
procedure to identify and certify those employees who are blind
or visually impaired; (3) establish a procedure to identify
information technology which meets the requirements of this
section; (4) determine the applicability of the requirements of
this article for information technology used by employers.
§5A-3B-4. Applicability and implementation.
This article does not require 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. Compliance with this act for
information technology purchased or contracted for prior to the
implementation of the legislative rules set forth in section
three of this article shall be implemented at the time of the
purchase or contract for upgrade or replacement of existing
information technology.
§5A-3B-5. Injunctive relief.
Any person denied access to information technology as a
result of a violation of this article may maintain a civil action
to obtain injunctive relief or other appropriate relief to
enforce the provisions of this article within two years after the
cause of action arises. For purposes of this section, a cause of
action for a continuing violation accrues until the time of the
latest violation.
§5A-3B-6. Notice of request for proposals by state spending
units required to make purchases through the state
purchasing division; chief technology officer to determine whether purchase complies with
provisions of this article.
Any state spending unit that is required to submit a request
for proposal to the state purchasing division prior to purchasing
goods or services shall notify the chief technology officer, in
writing, of any proposed purchase of goods or services related to
its information and telecommunication systems. The notice shall
contain a brief description of the goods and services to be
purchased. The state spending unit shall provide the notice to
the chief technology officer at the same time it submits its
request for proposal to the state purchasing division. The chief
technology officer shall then determine whether the purchase
complies with the provisions of this article, as well as any rules or regulations promulgated pursuant to this article.
§5A-3B-7. Notice of request for proposals by state spending
units exempted from submitting purchases to the state purchasing division.
(a) Any state spending unit that is not required to submit
a request for proposal to the state purchasing division prior to
purchasing goods or services shall notify the chief technology
officer, in writing, of any proposed purchase of goods or
services related to its information or telecommunication systems.
The notice shall contain a detailed description of the goods and
services to be purchased. The state spending unit shall provide
the notice to the chief technology officer a minimum of ten days
prior to the time it requests bids on the provision of the goods
or services.
(b) If the chief technology officer evaluates the
suitability of the information and telecommunication equipment
and related services under the provisions of this article and
determines that the goods or services to be purchased will not
comply with the provisions of this article, he or she shall,
within ten days of receiving the notice from the state spending
unit, notify the state spending unit, in writing, of any
recommendations he or she has regarding the proposed purchase of
the goods or services. The state spending unit shall then institute the recommendations of the chief technology officer
that seek to ensure compliance with the provisions of this
article prior to putting the goods or services out for bid.
NOTE: The purpose of this bill is to create a new article,
known as the West Virginia Information Technology Act, to require
all public entities of the state or its political subdivisions,
including state, county and municipal offices, agencies, boards
and commissions, to provide information technology accessible by
users of such information technology who are blind or visually
impaired. The provisions of the act are to be implemented by the
chief technology officers of the Office of the Governor. The
bill provides for definitions defining information technology,
the public entities subject to the article, employees and persons
entitled to nonvisual access to the information technology.
Criteria is established for requirements of the technology to
provide nonvisual access. The director is directed to submit
legislative rules for adoption by the Legislature to implement
the provisions of the act by December 31, 1999. The bill also
provides for exceptions, and for a phase-in for technology
meeting the requirements upon the replacement of existing
equipment. Injunctive relief is provided for persons denied
nonvisual access as a result of a violation of the article.
This article is new; therefore, strike-throughs and
underscoring have been omitted.