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
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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
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