SB0511 95TH GENERAL ASSEMBLY

LRB095 06720 JAM 26833 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0511

Introduced 2/8/2007, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

New Act

Creates the Information Technology Access Act. Requires the State, units of local government, and service providers paid with public funds to make their visual-based, electronic information technology accessible to blind and visually impaired employees, program participants, and members of the public through the use of nonvisual technology. Establishes procurement standards and applies to the purchase of new technology and the upgrading of software, hardware, and websites. Authorizes injunctions against violations. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning information technology access.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Information Technology Access Act.

Section 5. Findings; policy.

(a) The Legislature finds that:

(1) The advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology.

(2) 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.

(3) 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.

(4) 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.

(5) 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 needs (including individuals unable to use visual displays) will not be left out of the information age.

(b) It is the policy of the State of Illinois that all programs and activities that are supported in whole or in part by public funds shall be conducted 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 that is provided by the State or State-assisted organizations for use by employees, program participants, and members of the general public.

(2) Technology purchased in whole or in part with funds provided by the State to be used for the 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 10. Definitions. As used in this Act:

"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 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 no greater than 20 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.

"Covered entities" means the State of Illinois, all units of local government located within the State of Illinois, as well as any organization to which the State or any unit of local government delegates the responsibility of providing services to the people of this State.

"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 the State or any of its departments, agencies, public bodies, or other instrumentalities.

"State-assisted organization" means a college, nonprofit organization, person, political subdivision, school district, 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.

Section 15. Assurance of nonvisual access. In general, 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 interactive use of the equipment and services) that is equivalent to that provided to individuals who are not blind or visually impaired.

(2) Is designed to present information (including prompts used for interactive communications) in formats intended for both visual and nonvisual use.

(3) Has been purchased under a contract that includes the technology access clause required pursuant to Section 20.

Section 20. Procurement requirements.

(a) The technology access clause specified in Section 15 shall be developed by the Department of Central Management Services and shall require compliance with nonvisual access standards established by the State. The clause shall specify that the technology:

(1) Must be 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.

(2) Must permit use by nonvisual means when integrated into networks used to share communications among employees, program participants, and the public.

(3) Shall be obtained without modification for compatibility with software and hardware used for nonvisual access whenever technology not requiring such modification is commercially available.

(4) Shall have been evaluated by, and developed in consultation with, blind employees whose employment may require them to use the software or web interface in question, blind persons representing those who may use the software to access a service or benefit of the covered entity, and organizations of the blind having expertise in the evaluation, design, and development of information technology that affords good nonvisual access.

(b) The nonvisual access standards established by the State pursuant to subsection (a) of this Section shall include such specifications as are necessary to fulfill the assurances in Section 15 and the specifications in subsection (a) of this Section.

Section 25. Implementation.

(a) With respect to the application of this Act:

(1) The clause required by Section 4 of this Act shall be included in all contracts for the procurement of information technology by or for the use of entities covered by this Act on or after the effective date of this Act.

(2) Nothing in this Section requires 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.

(3) Notwithstanding the provisions of paragraph (2) of this subsection, 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 nonvisual access software and peripheral devices.

(b) Compliance with this Act in regard to information technology purchased prior to the effective date of this Act shall be achieved at the time of procurement of an upgrade or replacement of the existing equipment or software, or at the time an internet site is updated.

Section 30. Action for injunction.

(a) A person injured by a violation of this Act may maintain an action for damages and for injunctive relief to enforce the terms of this Act. The court may award the plaintiff up to 3 times the amount of any damages suffered, together with the plaintiff's reasonable attorney's fees and court costs associated with bringing the action.

(b) Any action under this Section shall be commenced within 4 years after the cause of action accrues. For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.

Section 99. Effective date. This Act takes effect upon becoming law.