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.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning information technology access.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Information Technology Access Act.
 
6     Section 5. Findings; policy.
7     (a) The Legislature finds that:
8         (1) The advent of the information age throughout the
9     United States and around the world has resulted in lasting
10     changes in information technology.
11         (2) Use of interactive visual display terminals by
12     State and State-assisted organizations is becoming a
13     widespread means of access for employees and the public to
14     obtain information available electronically, but nonvisual
15     access, whether by speech, Braille, or other appropriate
16     means has been overlooked in purchasing and deploying the
17     latest information technology.
18         (3) Presentation of electronic data solely in a visual
19     format is a barrier to access by individuals who are blind
20     or visually impaired, preventing them from participating
21     on equal terms in crucial areas of life, such as education
22     and employment.
23         (4) Alternatives, including both software and hardware

 

 

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1     adaptations, have been created so that interactive control
2     of computers and use of the information presented is
3     possible by both visual and nonvisual means.
4         (5) The goals of the State in obtaining and deploying
5     the most advanced forms of information technology properly
6     include universal access so that segments of society with
7     particular needs (including individuals unable to use
8     visual displays) will not be left out of the information
9     age.
10     (b) It is the policy of the State of Illinois that all
11 programs and activities that are supported in whole or in part
12 by public funds shall be conducted in accordance with the
13 following principles:
14         (1) Individuals who are blind or visually impaired have
15     the right to full participation in the life of the State,
16     including the use of advanced technology that is provided
17     by the State or State-assisted organizations for use by
18     employees, program participants, and members of the
19     general public.
20         (2) Technology purchased in whole or in part with funds
21     provided by the State to be used for the creation, storage,
22     retrieval, or dissemination of information and intended
23     for use by employees, program participants, and members of
24     the general public shall be accessible to and usable by
25     individuals who are blind or visually impaired.
 

 

 

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1     Section 10. Definitions. As used in this Act:
2     "Access" means the ability to receive, use, and manipulate
3 data and operate controls included in information technology.
4     "Blind or visually impaired individual" means an
5 individual who:
6         (1) Has a visual acuity of 20/200 or less in the better
7     eye with correcting lenses or has a limited field of vision
8     so that the widest diameter of the visual field subtends an
9     angle no greater than 20 degrees;
10         (2) Has a medically indicated expectation of visual
11     deterioration; or
12         (3) Has a medically diagnosed limitation in visual
13     functioning that restricts the individual's ability to
14     read and write standard print at levels expected of
15     individuals of comparable ability.
16     "Covered entities" means the State of Illinois, all units
17 of local government located within the State of Illinois, as
18 well as any organization to which the State or any unit of
19 local government delegates the responsibility of providing
20 services to the people of this State.
21     "Information technology" means all electronic information
22 processing hardware and software, including
23 telecommunications.
24     "Nonvisual" means synthesized speech, Braille, and other
25 output methods not requiring sight.
26     "State" means the State or any of its departments,

 

 

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1 agencies, public bodies, or other instrumentalities.
2     "State-assisted organization" means a college, nonprofit
3 organization, person, political subdivision, school district,
4 or other entity supported in whole or in part by State funds.
5     "Telecommunications" means the transmission of
6 information, images, pictures, voice, or data by radio, video,
7 or other electronic or impulse means.
 
8     Section 15. Assurance of nonvisual access. In general, the
9 head of each covered entity shall ensure that information
10 technology equipment and software used by employees, program
11 participants, or members of the general public:
12         (1) Provides blind or visually impaired individuals
13     with access (including interactive use of the equipment and
14     services) that is equivalent to that provided to
15     individuals who are not blind or visually impaired.
16         (2) Is designed to present information (including
17     prompts used for interactive communications) in formats
18     intended for both visual and nonvisual use.
19         (3) Has been purchased under a contract that includes
20     the technology access clause required pursuant to Section
21     20.
 
22     Section 20. Procurement requirements.
23     (a) The technology access clause specified in Section 15
24 shall be developed by the Department of Central Management

 

 

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1 Services and shall require compliance with nonvisual access
2 standards established by the State. The clause shall specify
3 that the technology:
4         (1) Must be compatible with technology used for access
5     by nonvisual means and provide for effective, interactive
6     control and use of operating systems, applications
7     programs, and the logical organization of the data format
8     presented.
9         (2) Must permit use by nonvisual means when integrated
10     into networks used to share communications among
11     employees, program participants, and the public.
12         (3) Shall be obtained without modification for
13     compatibility with software and hardware used for
14     nonvisual access whenever technology not requiring such
15     modification is commercially available.
16         (4) Shall have been evaluated by, and developed in
17     consultation with, blind employees whose employment may
18     require them to use the software or web interface in
19     question, blind persons representing those who may use the
20     software to access a service or benefit of the covered
21     entity, and organizations of the blind having expertise in
22     the evaluation, design, and development of information
23     technology that affords good nonvisual access.
24     (b) The nonvisual access standards established by the State
25 pursuant to subsection (a) of this Section shall include such
26 specifications as are necessary to fulfill the assurances in

 

 

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1 Section 15 and the specifications in subsection (a) of this
2 Section.
 
3     Section 25. Implementation.
4     (a) With respect to the application of this Act:
5         (1) The clause required by Section 4 of this Act shall
6     be included in all contracts for the procurement of
7     information technology by or for the use of entities
8     covered by this Act on or after the effective date of this
9     Act.
10         (2) Nothing in this Section requires the installation
11     of software or peripheral devices used for nonvisual access
12     when the information technology is being used by
13     individuals who are not blind or visually impaired.
14         (3) Notwithstanding the provisions of paragraph (2) of
15     this subsection, the applications programs and underlying
16     operating systems (including the format of the data) used
17     for the manipulation and presentation of information shall
18     permit the installation and effective use of nonvisual
19     access software and peripheral devices.
20     (b) Compliance with this Act in regard to information
21 technology purchased prior to the effective date of this Act
22 shall be achieved at the time of procurement of an upgrade or
23 replacement of the existing equipment or software, or at the
24 time an internet site is updated.
 

 

 

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1     Section 30. Action for injunction.
2     (a) A person injured by a violation of this Act may
3 maintain an action for damages and for injunctive relief to
4 enforce the terms of this Act. The court may award the
5 plaintiff up to 3 times the amount of any damages suffered,
6 together with the plaintiff's reasonable attorney's fees and
7 court costs associated with bringing the action.
8     (b) Any action under this Section shall be commenced within
9 4 years after the cause of action accrues. For the purposes of
10 this subsection, a cause of action for a continuing violation
11 accrues at the time of the latest violation.
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.