SF 3149

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; requiring access to 
  1.3             information technology for individuals who are blind 
  1.4             or visually impaired; proposing coding for new law in 
  1.5             Minnesota Statutes, chapters 16B; and 16E. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [16B.104] [PROCUREMENT REQUIREMENTS.] 
  1.8      (a) The technology access specified in section 16E.041 
  1.9   shall be developed by the commissioner, in consultation with the 
  1.10  office of technology, and shall require compliance with 
  1.11  nonvisual access standards established by the state.  The 
  1.12  requirement shall be included in all contracts for the 
  1.13  procurement of information technology by, or for the use of, 
  1.14  agencies, political subdivisions, the University of Minnesota, 
  1.15  and the Minnesota state colleges and universities. 
  1.16     (b) The nonvisual access standards established in section 
  1.17  16E.041 shall include the following minimum specifications: 
  1.18     (1) that effective, interactive control and use of the 
  1.19  technology including the operating system, applications 
  1.20  programs, and format of the data presented, are readily 
  1.21  achievable by nonvisual means; 
  1.22     (2) that the nonvisual access technology must be compatible 
  1.23  with information technology used by other individuals with whom 
  1.24  the blind or visually impaired individual must interact; 
  1.25     (3) that nonvisual access technology must be integrated 
  2.1   into networks used to share communications among employees, 
  2.2   program participants, and the public; and 
  2.3      (4) that the nonvisual access technology must have the 
  2.4   capability of providing equivalent access by nonvisual means to 
  2.5   telecommunications or other interconnected network services used 
  2.6   by persons who are not blind or visually impaired. 
  2.7      (c) For the purpose of ensuring the effective phasing in of 
  2.8   nonvisual access technology procurement, the head of an agency, 
  2.9   political subdivision, the University of Minnesota, or the 
  2.10  Minnesota state colleges and universities may not approve 
  2.11  exclusion of the technology access requirements in section 
  2.12  16E.041 from any contract with respect to the compatibility of 
  2.13  standard operating systems and software with nonvisual access 
  2.14  software and peripheral devices or with respect to the initial 
  2.15  design, development, and installation of information systems, 
  2.16  including the design and procurement of interactive equipment 
  2.17  and software, except for nonvisual access software or peripheral 
  2.18  devices obtained before August 1, 1998, to the extent that the 
  2.19  cost of the software or devices exceeds: 
  2.20     (1) $50,000 for the first year; 
  2.21     (2) $100,000 for the second year; and 
  2.22     (3) $250,000 for the third year. 
  2.23     (d) Nothing in this section requires the installation of 
  2.24  software or peripheral devices used for nonvisual access when 
  2.25  the information technology is being used by individuals who are 
  2.26  not blind or visually impaired. 
  2.27     (e) Notwithstanding the provisions of paragraph (d), the 
  2.28  applications programs and underlying operating systems, 
  2.29  including the format of the data, used for the manipulation and 
  2.30  presentation of information shall permit the installation and 
  2.31  effective use of nonvisual access software and peripheral 
  2.32  devices. 
  2.33     (f) Compliance with this section in regard to information 
  2.34  technology purchased prior to August 1, 1998, shall be achieved 
  2.35  at the time of procurement of an upgrade or replacement of the 
  2.36  existing equipment or software. 
  3.1      Sec. 2.  [16E.041] [NONVISUAL ACCESS.] 
  3.2      Subdivision 1.  [DEFINITIONS.] In this section the 
  3.3   following words have the meanings indicated: 
  3.4      (1) "access" means the ability to receive, use, and 
  3.5   manipulate data and operate controls included in information 
  3.6   technology; 
  3.7      (2) "blind or visually impaired individual" means an 
  3.8   individual who: 
  3.9      (i) has a visual acuity of 20/200 or less in the better eye 
  3.10  with correcting lenses or has a limited field of vision so that 
  3.11  the widest diameter of the visual field subtends an angle no 
  3.12  greater than 20 degrees; 
  3.13     (ii) has a medically indicated expectation of visual 
  3.14  deterioration; or 
  3.15     (iii) has a medically diagnosed limitation in visual 
  3.16  functioning that restricts the individual's ability to read and 
  3.17  write standard print at levels expected of individuals of 
  3.18  comparable ability; 
  3.19     (3) "information technology" means all electronic 
  3.20  information processing hardware and software, including 
  3.21  telecommunications; 
  3.22     (4) "nonvisual" means synthesized speech, Braille, and 
  3.23  other output methods not requiring sight; and 
  3.24     (5) "telecommunications" means the transmission of 
  3.25  information, images, pictures, voice, or data by radio, video, 
  3.26  or other electronic or impulse means.  
  3.27     Subd. 2.  [ENSURANCE OF NONVISUAL ACCESS.] Each agency, 
  3.28  political subdivision, the University of Minnesota, and the 
  3.29  Minnesota state colleges and universities, in consultation with 
  3.30  the executive director of the office, shall ensure that 
  3.31  information technology equipment and software used by employees, 
  3.32  program participants, or members of the general public:  
  3.33     (1) provide blind or visually impaired individuals with 
  3.34  access, including interactive use of the equipment and services, 
  3.35  which is equivalent to that provided to individuals who are not 
  3.36  blind or visually impaired; 
  4.1      (2) is designed to present information, including prompts 
  4.2   used for interactive communications, in formats intended for 
  4.3   both visual and nonvisual use; and 
  4.4      (3) has been purchased under a contract which includes the 
  4.5   technology access requirement in section 16B.104. 
  4.6      Sec. 3.  [EFFECTIVE DATE.] 
  4.7      Sections 1 and 2 are effective on August 1, 1998.