Download This Bill in Microsoft Word format

Bill 3458

                    Current Status

Bill Number:                      3458
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990204
Primary Sponsor:                  Harvin
All Sponsors:                     Harvin, Inabinett, J. Hines and Neilson
Drafted Document Number:          l:\council\bills\dka\3183mm99.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Information Technology Access Act, 
                                  Agencies, State Government, Internet, 
                                  Telecommunications, Handicapped


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990204  Introduced, read first time,           30 HWM
                  referred to Committee


                             Versions of This Bill

TO AMEND CHAPTER 11 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING SECTION 1-11-435 SO AS TO ENACT THE "INFORMATION TECHNOLOGY ACCESS ACT" REQUIRING THE OFFICE OF INFORMATION RESOURCES OF THE BOARD TO ESTABLISH PROCEDURES AND PROCUREMENT REQUIREMENTS FOR ASSURING THE ACCESS OF A BLIND OR VISUALLY IMPAIRED INDIVIDUAL TO INFORMATION WHICH IS PROVIDED BY THE STATE OR BY STATE-ASSISTED ORGANIZATIONS FOR USE BY EMPLOYEES, PROGRAM PARTICIPANTS, AND THE GENERAL PUBLIC, TO PROVIDE FOR A PHASED-IN IMPLEMENTATION OF THE PROCUREMENT OF NONVISUAL ACCESS TECHNOLOGY, AND TO PROVIDE FOR INJUNCTIVE RELIEF FOR ENFORCEMENT OF A VIOLATION OF THESE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. (A) The General Assembly 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 the State and state-assisted organizations is becoming a widespread means of access for employees and the public to obtain information available electronically, but presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind and visually impaired, preventing them from participating on equal terms in crucial areas of life, such as education and employment;

(3) 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; and

(4) 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, are not excluded from the information age.

(B) It is the policy of the State of South Carolina that programs and activities which are supported in whole or in part by public funds must be conducted so that:

(1) a person who is blind or visually impaired has 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 the creation, storage, retrieval, or dissemination of information and intended for use by employees, program participants, and members of the general public is accessible to and usable by a person who is blind or visually impaired.

SECTION 2. Chapter 11 of Title 1 of the 1976 Code is amended by adding:

"Section 1-11-435. (A) This section may be cited as the 'Information Technology Access Act'.

(B) As used in this section:

(1) 'Access' means the ability to receive, use, and manipulate data and operate controls included in information technology.

(2) 'Blind or visually impaired individual' means an individual who has blindness or severe visual disability as defined in Section 43-25-20.

(3) 'Covered entity' means the State or a state-assisted organization.

(4) 'Information technology' means all electronic information processing hardware and software, including telecommunications.

(5) 'Nonvisual' means synthesized speech, Braille, and other output methods not requiring sight.

(6) 'State" means the State of South Carolina and any of its offices, agencies, authorities, departments, commissions, boards, divisions, or instrumentalities of it.

(7) '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.

(8) 'Telecommunications' means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means.

(9) 'Office" means the Office of Information Resources of the Budget and Control Board.

(C) The office shall coordinate with the head of each covered entity to ensure that information technology equipment and software used by employees, program participants, or members of the general public:

(1) provide blind or visually impaired individuals with access, including interactive use of the equipment and services, which is equivalent to access provided to individuals who are not blind or visually impaired;

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

(3) are purchased pursuant to a contract which includes the technology access clause contained in subsection (D) of this section.

(D)(1) The office must develop a technology access clause requiring compliance with nonvisual access standards established by the State. The clause must be included in all contracts for the procurement of information technology by or for the use of covered entities.

(2) The nonvisual access standards established by the State must include those specifications necessary to fulfill the requirements of subsection (C), and must provide, at a minimum, that:

(a) effective, interactive control and use of the technology, including the operating system, the applications programs, and the format of the date presented, are readily achievable by nonvisual means;

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

(c) nonvisual access technology is integrated into networks used to share communications among employees, program participants, and the public; and

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

(E)(1) A covered entity 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 system, including the design and procurement of interactive equipment and software. However, with respect to nonvisual access software or peripheral devices obtained during the three-year period beginning on the effective date of this section, the covered entity may approve exclusion of the technology access clause to the extent the cost of the software or devices for the covered entity exceeds:

(a) fifty thousand dollars for the first year;

(b) one hundred thousand dollars for the second year; and

(c) two hundred fifty thousand dollars for the third year.

(2) This section 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.

(3) The applications programs and underlying operating systems, including the format of the data, used for the manipulation and presentation of information must permit the installation and effective use of nonvisual access software and peripheral devices.

(4) Compliance with this section in regard to information technology purchased before the effective date of this section may be achieved at the time of procurement of an upgrade or replacement of the existing equipment or software.

(F)(1) A person injured by a violation of this section may maintain an action for injunctive relief to enforce its provisions.

(2) An action brought pursuant to this subsection must be commenced within four years of the accrual of the cause of action. For purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation."

SECTION 3. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:14 A.M.