ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 476
(Senators Hunter, Unger, Caldwell, Rowe, Burnette, Redd, Fanning, Helmick,
Ross and Sharpe, original sponsors)
____________
[Passed April 14, 2001; in effect from passage.]
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AN ACT 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 visually
impaired individuals through the procurement of compatible
technology by the state purchasing division; setting forth
findings and a statement of policy; providing definitions;
providing for development of nonvisual access standards; and
requiring nonvisual access requirements in all future state
contracts for procurement of information technology.
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.
The Legislature finds that the use of interactive display
terminals by state agencies is becoming a widespread means of
access for employees and the public to obtain information available
electronically, but that presentation of electronic data solely in
a visual format is a barrier to access by individuals who are blind
or visually impaired. 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 purchased
by the state for use by employees, program participants and members
of the general public. The Legislature also recognizes that
technological advances allow interactive control of computers and
use of the information by visually impaired persons, but that
nonvisual access is dependent on the purchase of hardware and
software that is compatible with technology used for nonvisual
access.
§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 an
individual who:
(1) Has a visual acuity of 20/200 or less in the better eye
with corrective 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;
(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) "Information technology" means all electronic information
processing hardware and software, including telecommunications.
(d) "Nonvisual" means synthesized speech, Braille and other
output methods not requiring sight.
(e) "State agency" means the state or any of its departments,
agencies or boards or commissions.
(f) "Telecommunications" means the transmission of
information, voice, or data by radio, video or other electronic or
impulse means.
§18-10M-3. Purchasing to develop access standards; access clause
to be included in contracts
.
(a) On or before first day of September, two thousand one, the
purchasing division of the department of administration shall
develop nonvisual access standards for information technology
systems employed by state agencies that:
(1) Provide blind or visually impaired individuals with access
to information stored electronically by state agencies by ensuring
compatibility with adaptive technology systems so that blind and
visually impaired individuals have full and equal access when
needed; and
(2) Are designed to present information, including prompts
used for interactive communications, in formats intended for both
visual and nonvisual use, such as the use of text-only options.
(b) The purchasing division shall consult with state agencies
and representatives of individuals who are blind or visually
impaired in developing the nonvisual access standards described in
subsection (a) of this section and the procurement criteria
described in section four of this article.
(c) The head of each state agency shall establish a written
plan and develop any proposed budget requests for implementing the
nonvisual access standards for its agency at facilities accessible
by the public.
§18-10M-4. Procurements by the purchasing division.
(a) On or before first day of January, two thousand two, the division shall approve minimum standards and criteria to be used in
approving or rejecting procurements by state agencies for adaptive
technologies for nonvisual access uses.
(b) Nothing in this article shall 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. Nothing in this article shall be
construed to require the purchase of nonvisual adaptive equipment
by a state agency.
(c) Notwithstanding the provisions of subsection (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 and shall be compatible with
nonvisual access software and peripheral devices.
(d) Compliance with the procurement requirements of this
section with regard to information technology purchased prior to
the first day of July, two thousand one, shall be achieved at the
time of procurement of an upgrade or replacement of existing
information technology equipment or software.
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