HB779 HD1

Report Title:

Visually Impaired; Access to Technology

Description:

Requires state agencies and organizations that receive state funds to provide blind or visually impaired individuals access to information technology equipment. (HB779 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	779
TWENTY-FIRST LEGISLATURE, 2001		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to human services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology. Use of interactive visual display terminals by state and state-assisted organizations is becoming a widespread means of access for employees and the public to obtain information available electronically, but nonvisual access, whether by speech, Braille, or other appropriate means has been overlooked in purchasing and deploying the latest information technology.

The legislature further finds that 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 crucial areas of life, such as education and employment. Alternatives, including both software and hardware adaptations, have been created so that interactive control of computers and use of the information presented is possible by both visual and nonvisual means. The goals of the State in obtaining and deploying the most advanced forms of information technology properly include universal access so that segments of society with particular need, including but not limited to, individuals unable to use visual displays, will not be left out of the information age.

It is the policy of the State to conduct programs and activities that receive public funds in accordance with the following principles:

(1) 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 provided by the State or state-assisted organizations for use by employees, program participants, and members of the general public; and

(2) Technology purchased in whole or in part with funds provided by the State to be used for creation, storage, retrieval, or dissemination of information and intended for use by employees, program participants, and members of the general public shall be accessible to and usable by individuals who are blind or visually impaired.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . ACCESS TO INFORMATION TECHNOLOGY

§346-A Definitions. As used in this part, unless the context otherwise requires:

"Access" means the ability to receive, use, and manipulate data and operate controls included in information technology.

"Blind or visually impaired individual" means an individual who:

(1) Has a visual acuity of twenty/two hundred 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 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 levels expected of individuals of comparable ability.

"Covered entity" means the State or any state-assisted organization.

"Information technology" means all electronic information processing hardware and software, including telecommunications.

"Nonvisual" means synthesized speech, Braille, and other output methods not requiring sight.

"State" means every state office, officer, department, board, commission, and agency, whether in the legislative, executive, or judicial branch.

"State-assisted organization" means a college, nonprofit organization, person, political subdivision, school system, or other entity supported in whole or in part by state funds.

"Telecommunications" means the transmission of information, images, pictures, voice or data by radio, video, or other electronic or impulse means.

§346-B Assurance of nonvisual access. (a) The head of each covered entity shall ensure that information technology equipment and software used by employees, program participants, or members of the general public:

(1) Provides blind or visually impaired individuals with access, including but not limited to 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 including but not limited to prompts used for interactive communications in formats intended for both visual and nonvisual use; and

(3) Has been purchased under a contract which includes the technology access clause required by section 346-C.

§346-C Procurement requirements. (a) The technology access clause required by section 346-B shall be developed by each department and shall require compliance with nonvisual access standards established by the State. The clause shall be included in all contracts for the procurement of information technology by, or for the use of, entities covered by this part.

(b) The nonvisual access standards shall include such specifications as are necessary to fulfill the assurances established in section 346-B and shall include the following minimum specifications:

(1) That effective, interactive control and use of the technology including but not limited to the operating system, applications programs, and format of the data presented, is readily achievable by nonvisual means;

(2) That the technology equipped for nonvisual access shall be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact;

(3) That nonvisual access technology shall be integrated into networks used to share communications among employees, program participants, and the public; and

(4) That the technology for nonvisual access must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

§346-D Implementation. (a) For the purpose of assuring the effective phasing in of nonvisual access technology procurement, the head of any covered entity:

(1) May not approve exclusion of the technology access clause from any contract with respect to the compatibility of standard operating systems and software with nonvisual access software and peripheral devices or with respect to the initial design, development, and installation of information systems, including the design and procurement of interactive equipment and software; or

(2) With respect to nonvisual access software or peripheral devices obtained during the three year period beginning upon the effective data of this part, may approve exclusion of that clause if the cost of the software or devices exceeds:

(A) $50,000 for the first year;

(B) $100,000 for the second year; and

(b) Nothing in this part requires the installation of software or peripheral devices for nonvisual access when individuals who are not blind or visually impaired are using the information technology.

(c) Notwithstanding subsection (b), the applications program and underlying operating systems including but not limited to the format of the data used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices.

(d) Compliance with this part with regard to information technology purchased prior to the effective date of this part shall be achieved at the time of procurement of an upgrade or replacement of the existing equipment or software.

§346-E Action for injunction. (a) A person injured by a violation of this part may maintain an action for injunctive relief to enforce the terms of this part.

(b) A civil action to enforce this part shall be commenced with four years after the cause of action accrues.

(c) For the purposes of this part, a cause of action for a continuing violation accrues at the time of the latest violation."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. This Act shall take effect upon its approval.