S000000519 Attachment_B_ACT308.pdf

Stricken language would be deleted from and underlined language would be added to present law.

Act 308 of the Regular Session

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State of Arkansas1

89th General Assembly A Bill2

Regular Session, 2013 SENATE BILL 440 3

By: Senator J. Hendren 5

By: Representative Westerman 6

For An Act To Be Entitled 8

AN ACT CONCERNING INFORMATION TECHNOLOGY ACCESS FOR 9

THE BLIND OR VISUALLY IMPAIRED; TO AMEND THE 10

PROCUREMENT REQUIREMENTS FOR NONVISUAL ACCESS 11

TECHNOLOGY; TO DECLARE AN EMERGENCY; AND FOR OTHER 12

PURPOSES. 13

Subtitle 16

TO AMEND THE PROCUREMENT REQUIREMENTS FOR 17

NONVISUAL ACCESS TECHNOLOGY; AND TO 18

DECLARE AN EMERGENCY. 19

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22

SECTION 1. Arkansas Code § 25-26-201 is amended to read as follows: 24

25-26-201. Findings and policy.25

(a) The General Assembly finds that:26

(1) The advent of the information age throughout the United27

States and around the world has resulted in lasting changes in information 28 technology; 29

(2) Use of interactive visual display terminals devices by state30 and state-assisted organizations is becoming has become a widespread means of 31 access for employees and the public to obtain information available 32 electronically, but nonvisual access, whether by speech, braille, or other 33 appropriate means has been overlooked in purchasing and deploying the 34 development of the latest information technology; 35

(3) Presentation of electronic data solely in a visual format is36

Attachment B

SB440

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a barrier to access by individuals who are blind or visually impaired, 1 preventing them from participating on equal terms in crucial areas of life 2 such as education and employment; 3

(4) Alternatives, including both software and hardware 4 adaptations, have been created so that interactive control of computers and 5 use of the information presented is possible more likely to be available by 6 both visual and nonvisual means; and 7

(5) The goals of the state in obtaining and deploying the most 8 advanced forms of information technology properly include universal access so 9 that segments of society with particular needs, including, but not limited 10 to, without limitation individuals unable to use visual displays, will not be 11 left out of the information age. 12

(b) It is the policy of the State of Arkansas that all programs and 13 activities which that are supported in whole or in part by public funds shall 14 be conducted in accordance with the following principles: 15

(1) Individuals To the extent provided in this subchapter, 16 individuals who are blind or visually impaired have the right to full 17 participation in the life of the state, including the use of advanced 18 technology which is provided by the state or state-assisted organizations for 19 use by shall be provided access to the advanced technology that is provided 20 to other employees, program participants, and members of the general public; 21 and 22

(2) Technology To the extent provided in this subchapter, 23 technology purchased in whole or in part with funds provided by the state to 24 be used for the creation, storage, retrieval, or dissemination of information 25 and intended for use by employees, program participants, and members of the 26 general public shall be accessible to and usable by individuals who are blind 27 or visually impaired.; and 28

(3) If technology that allows access for individuals who are 29 blind or visually impaired is not reasonably available, individuals who are 30 blind or visually impaired shall be provided a reasonable accommodation as 31 defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2013. 32

SECTION 2. Arkansas Code § 25-26-202, concerning the definitions to be 34 used in relation to information technology access for the blind or visually 35 impaired, is amended to add an additional subdivision to read as follows: 36

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(9) “Reasonably available” means developed and available for 1 purchase for a price as provided in this subchapter from: 2

(A) The vendor that provided the product that is to be 3 used by visual users; or 4

(B) Another vendor if the technology is available from 5 more than one (1) vendor in the marketplace. 6

SECTION 3. Arkansas Code § 25-26-203(a)(1), concerning the assurance 8 of nonvisual access to equipment and services, is amended to read as follows: 9

(1) Provide blind or visually impaired individuals with access, 10 including, but not limited to to the extent provided in this subchapter, to 11 interactive use of the equipment and services which that is equivalent to 12 that provided to individuals who are not blind or visually impaired; 13

SECTION 4. Arkansas Code § 25-26-204(b), concerning the procurement 15 requirements for nonvisual access technology, is amended to read as follows: 16

(b) The nonvisual access standards established by the department under 17 subsection (a) of this section shall: 18

(1) Include the specifications necessary to fulfill the 19 assurances in § 25-26-203; 20

(2) Follow the standards for software applications and operating 21 systems provided by 36 C.F.R § 1194.21, as it existed on January 1, 2011 22

2013, subject to the provisions of 36 C.F.R. §§ 1194.1 — 1194.4, as they 23 existed on January 1, 2013; 24

(3) Follow the standards for web-based intranet and Internet 25 information and applications provided by 36 C.F.R § 1194.22, as it existed on 26

January 1, 2011 2013, subject to the provisions of 36 C.F.R. §§ 1194.1 — 27

1194.4, as they existed on January 1, 2013; and 28

(4) Include the following minimum specifications: 29

(A) That, to the extent provided in this subchapter, 30 effective, interactive control and use of the technology, including without 31 limitation the operating system, software applications programs, and format 32 of the data presented is readily achievable by nonvisual means; 33

(B) That, to the extent provided in this subchapter, the 34 technology equipped for nonvisual access is compatible with information 35 technology used by other individuals with whom the blind or visually impaired 36

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individual must interact interacts; 1

(C) That, to the extent provided in this subchapter, 2 nonvisual access technology is integrated into networks used to share 3 communications among employees, program participants, and the public; and 4

(D) That, to the extent provided in this subchapter, the 5 technology for nonvisual access has the capability of providing equivalent 6 access by nonvisual means to telecommunications or other interconnected 7 network services used by persons who are not blind or visually impaired. 8

SECTION 5. Arkansas Code § 25-26-205(c), concerning the implementation 10 of the procurement law relating to nonvisual access technology, is amended to 11 read as follows: 12

(c) Notwithstanding the provisions of subsection (b) of this section, 13 the applications programs and underlying operating systems, including, but 14 not limited to, without limitation the format of the data used for the 15 manipulation and presentation of information, shall permit, to the extent 16 provided in this subchapter, the installation and effective use of nonvisual 17 access software and peripheral devices. 18

SECTION 6. DO NOT CODIFY. Applicability. 20

This act applies retroactively to the following: 21

(1) Information technology procured on or after July 30, 1999; 22 and 23

(2) Any upgrades or modifications to or replacement of 24 information technology procured on or after July 30, 1999. 25

SECTION 7. DO NOT CODIFY. 27

The Department of Information Systems shall modify the existing 28 technology access clause required under § 25-26-204 and any related nonvisual 29 access standards to conform to this act. 30

SECTION 8. EMERGENCY CLAUSE. It is found and determined by the 32

General Assembly of the State of Arkansas that because of current limitations 33 in the commercial availability of information technology supporting 34 accessibility for the blind or visually impaired, the strict limitations of 35

Act 1227 of 1999 have unreasonably hindered or delayed the acquisition of 36

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information technology, which has resulted in an undue burden on state 1 agencies; and that this act is immediately necessary because the efficient 2 installation, upgrading, and modification of information technology is 3 essential to the functioning of the state. Therefore, an emergency is 4 declared to exist, and this act being immediately necessary for the 5 preservation of the public peace, health, and safety shall become effective 6 on: 7

(1) The date of its approval by the Governor; 8

(2) If the bill is neither approved nor vetoed by the Governor, 9 the expiration of the period of time during which the Governor may veto the 10 bill; or 11

(3) If the bill is vetoed by the Governor and the veto is 12 overridden, the date the last house overrides the veto. 13

APPROVED: 03/11/2013 16