HB2764 INTR

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.

(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.