House File 2324 - Introduced HOUSE FILE BY JOCHUM Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring the department of administrative services to 2 procure information technology devices which are accessible to 3 persons who are blind or visually impaired pursuant to 4 specified equal access standards, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5891YH 82 7 rn/nh/5 PAG LIN 1 1 Section 1. NEW SECTION. 8A.208 PROCUREMENT FOR BLIND OR 1 2 VISUALLY IMPAIRED == ACCESSIBILITY == STANDARDS == INJUNCTIVE 1 3 RELIEF. 1 4 1. DEFINITIONS. For the purposes of this section, unless 1 5 the context otherwise requires: 1 6 a. "Access" means the ability to receive, use, and 1 7 manipulate data and operate controls included in information 1 8 technology. 1 9 b. "Blind or visually impaired individual" means an 1 10 individual who possesses one of the following: 1 11 (1) Visual acuity of 20/200 or less in the better eye with 1 12 correcting lenses or has a limited field of vision so that the 1 13 widest diameter of the visual field subtends an angle no 1 14 greater than twenty degrees. 1 15 (2) A medically indicated expectation of visual 1 16 deterioration. 1 17 (3) A medically diagnosed limitation in visual functioning 1 18 that restricts the individual's ability to read and write 1 19 standard print at levels expected of individuals of comparable 1 20 ability. 1 21 c. "Nonvisual" means synthesized speech, Braille, and 1 22 other output methods not requiring sight. 1 23 2. POLICY. Procurement standards established by the 1 24 department pursuant to section 8A.207 shall be applied to 1 25 blind or visually impaired individuals in accordance with the 1 26 following: 1 27 a. Blind or visually impaired individuals have the right 1 28 to access to and use of information technology devices 1 29 procured by the department for use by employees, program 1 30 participants, and members of the general public. 1 31 b. Information technology devices purchased in whole or in 1 32 part with state funds to be used for the creation, storage, 1 33 retrieval, or dissemination of information and intended for 1 34 use by employees, program participants, and members of the 1 35 general public shall be accessible to and usable by blind or 2 1 visually impaired individuals. 2 2 3. ASSURANCE OF NONVISUAL ACCESS. The director and the 2 3 head of each participating agency shall ensure that 2 4 information technology devices, information technology 2 5 services, and associated information technology software used 2 6 by employees, program participants, or members of the general 2 7 public provide blind or visually impaired individuals with 2 8 access, including interactive use of the devices, services, 2 9 and associated software, which is equivalent to that provided 2 10 to individuals who are not blind or visually impaired. The 2 11 devices, services, and associated software shall be designed 2 12 to present information, including prompts used for interactive 2 13 communications, in formats intended for both visual and 2 14 nonvisual use and shall be purchased pursuant to a contract 2 15 which includes the technology access clause required under 2 16 subsection 4. 2 17 4. TECHNOLOGY ACCESS CLAUSE. 2 18 a. A technology access clause shall be developed by the 2 19 director and shall require compliance with nonvisual access 2 20 standards established by the department by rule. The clause 2 21 shall specify that information technology devices procured by 2 22 the department for use by blind or visually impaired 2 23 individuals must exhibit all of the following qualities: 2 24 (1) Compatible with technology used for access by 2 25 nonvisual means and providing for effective, interactive 2 26 control and use of operating systems, applications programs, 2 27 and the logical organization of the data format presented. 2 28 (2) Permits use by nonvisual means when integrated into 2 29 networks used to share communications among employees, program 2 30 participants, and members of the public. 2 31 (3) Obtainable without modification for compatibility with 2 32 software and hardware used for nonvisual access whenever 2 33 technology not requiring such modification is commercially 2 34 available. 2 35 b. The technology access clause shall be included in all 3 1 procurement contracts for participating agencies entered into 3 2 on or after July 1, 2008. 3 3 5. IMPLEMENTATION. 3 4 a. This section shall not require the installation of 3 5 software or peripheral devices used for nonvisual access when 3 6 the information technology devices are being used by 3 7 individuals who are not blind or visually impaired. 3 8 b. Notwithstanding paragraph "a", the applications 3 9 programs and underlying operating systems, including the 3 10 format of the data, used for the manipulation and presentation 3 11 of information shall permit the installation and effective use 3 12 of nonvisual access software and peripheral devices. 3 13 c. Compliance with the provisions of this section with 3 14 regard to information technology devices procured prior to 3 15 July 1, 2008, shall be achieved at the time of procurement of 3 16 an upgrade or replacement of the existing equipment or 3 17 software. 3 18 6. INJUNCTIVE RELIEF. An aggrieved person may seek 3 19 injunctive relief for a violation of this section by filing an 3 20 action in the district court for the county in which the 3 21 aggrieved person resides. Any such action shall be commenced 3 22 within four years after the cause of action accrues. A state 3 23 agency or political subdivision found to be in violation of 3 24 this section shall be assessed and shall pay to the aggrieved 3 25 person fees and other expenses, as defined in section 625.28. 3 26 In addition, the office of the citizens' aide may review 3 27 violations of this section and make recommendations as 3 28 provided in chapter 2C. 3 29 EXPLANATION 3 30 This bill directs the department of administrative services 3 31 to procure information technology devices which are accessible 3 32 to persons who are blind or visually impaired. 3 33 The bill establishes a policy applicable to procurements of 3 34 information technology devices by the department which 3 35 declares that individuals who are blind or visually impaired, 4 1 as defined in the bill, have the right to access to and use of 4 2 information technology devices procured for use by employees, 4 3 program participants, and members of the general public. 4 4 Further, the policy states that such devices purchased in 4 5 whole or in part with state funds to be used for the creation, 4 6 storage, retrieval, or dissemination of information and 4 7 intended for use by employees, program participants, and 4 8 members of the general public shall be accessible to and 4 9 usable by such blind or visually impaired individuals. 4 10 Based on this policy, the bill confers upon the director of 4 11 the department of administrative services and the heads of 4 12 each participating agency as defined in Code section 8A.201 4 13 the responsibility for ensuring that information technology 4 14 devices, services, and associated software used by employees, 4 15 program participants, or members of the general public shall 4 16 provide blind or visually impaired individuals with equivalent 4 17 access, including interactive use of the equipment and 4 18 services. The bill provides that the devices, services, and 4 19 associated software shall be designed to present information, 4 20 including prompts used for interactive communications, in 4 21 formats intended for both visual and nonvisual use and shall 4 22 be purchased pursuant to a contract which includes a 4 23 technology access clause. That clause, to be developed by the 4 24 director, shall require compliance with nonvisual access 4 25 standards established by the department by rule. The clause 4 26 will specify that information technology devices procured by 4 27 the department for use by blind or visually impaired 4 28 individuals must be compatible with technology used for access 4 29 by nonvisual means and providing for effective, interactive 4 30 control and use of operating systems, applications programs, 4 31 and the logical organization of the data format presented; 4 32 must permit use by nonvisual means when integrated into 4 33 networks used to share communications among employees, program 4 34 participants, and members of the public; and must be 4 35 obtainable without modification for compatibility with 5 1 software and hardware used for nonvisual access whenever 5 2 technology not requiring such modification is commercially 5 3 available. The bill requires the technology access clause to 5 4 be included in all procurement contracts for participating 5 5 agencies entered into on or after July 1, 2008, and provides 5 6 for compliance with regard to information technology devices 5 7 procured prior to July 1, 2008, at the time of procurement of 5 8 an upgrade or replacement of the existing equipment or 5 9 software. 5 10 The bill provides that installation of software or 5 11 peripheral devices used for nonvisual access is not required 5 12 when the information technology devices involved are being 5 13 used by individuals who are not blind or visually impaired. 5 14 However, the applications programs and underlying operating 5 15 systems must permit the installation and effective use of 5 16 nonvisual access software and peripheral devices. 5 17 The bill specifies injunctive relief for aggrieved persons, 5 18 payment of fees and expenses by a participating agency found 5 19 in violation of the bill's provisions, and possible review of 5 20 violations by the office of the citizens' aide. 5 21 LSB 5891YH 82 5 22 rn/nh/5