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Introduced Version Senate Bill 476 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 476

(By Senators Hunter, Unger, Caldwell, Rowe, Burnett, Redd, Fanning, Helmick, Ross and Sharpe)

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[Introduced March 14, 2001; referred to the Committee on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-m, relating to providing access to information technology for individuals who are blind or visually impaired through the procurement of the technology through state purchasing; setting forth findings and a statement of policy; setting forth definitions; providing for the assurance of nonvisual access to information technology; providing procurement requirements for the acquisition of information technology; requiring applicability of nonvisual access requirements in all state contracts for procurement of information technology; and providing for injunctive relief for violations of the article.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten-m, to read as follows:
ARTICLE 10M. INFORMATION TECHNOLOGY ACCESS FOR THE BLIND AND VISUALLY IMPAIRED.

§18-10M-1. Findings; policy.
(a) The Legislature finds as follows:

(1) The advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology;
(2) The use of interactive 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
(b) It is the policy of this state that all programs and activities which are supported in whole or in part by public funds 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 public funds 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.
§18-10M-2. Definitions.
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 a person 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 twenty degrees; or (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 all electronic information processing hardware and software, including telecommunications;
(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.
§18-10M-3. Assurance of nonvisual access.
Each covered entity shall ensure that information technology equipment and software used by employees program participants, or members of the general public meets the following requirements:
(a) That it 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;
(b) That it is designed to present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and
(c) That it has been purchased under a contract which includes the technology access clause required pursuant to section four of this article.
§18-10M-4. Procurement requirements; technology access clause; nonvisual access standards.

(a) The director of the purchasing division of the department of administration shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, setting forth nonvisual access standards and defining and enumerating the technology access clause specified in section three of this article. The proposed rules shall require compliance with all nonvisual access standards. The technology access clause must: (1) Be 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; (2) permit use by nonvisual means when integrated into networks used to share communications among employees, program participants, and the public; and (3) be obtained without modification for compatibility with software and hardware used for nonvisual access whenever technology not requiring the modification is commercially available.
(b) The nonvisual access standards ultimately adopted by the state pursuant to subsection (a) of this section shall include specifications necessary to satisfy the requirements of section three of this article and subsection (a) of this section
§18-10M-5. Applicability.
(a) The technology access clause shall be included in all contracts for the procurement of information technology by or for the use of entities covered by this article.
(b) This article may not be construed as requiring 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. However, the applications programs and underlying operating systems, including the format and the data, used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices.
(c) Compliance with the requirements of this article in regard to information technology purchased prior to the effective date of this article shall be achieved at the time of procurement of an upgrade or replacement of the existing equipment or software.
§18-10M-6. Action for injunction.
A person injured by a violation of this article may maintain an action for injunctive relief to enforce the terms of this article. Any such action shall be commenced within one year after the cause of action accrues. For the purposes of this section, a cause of action for a continuing violation accrues at the time of the latest violation.


NOTE: The purpose of this bill is to require access to information technology for individuals who are blind or visually impaired through the procurement of needed technology through state purchasing. The bill would require all purchases to be made in accordance with standards for equivalent access of both visual and nonvisual means. The director of the purchasing division of the department of administration is responsible for proposing legislative rules to set standards and to create contractual language requiring all devices of information technology to be purchased by the state to meet equal access standards.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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