Reference Title: Access to Information Technology

State of Arizona
House of Representatives
Forty-fifth Legislature
Second Regular Session
2001

AN ACT

AMENDING TITLE 41, CHAPTER 32, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 3: RELATING TO INFORMATION TECHNOLOGY ACCESS.



DRAFT


Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 32, Arizona Revised Statutes is amended by adding article 3, to read:



ARTICLE 3. INFORMATION TECHNOLOGY

41-3531. Definitions

IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

  1. "ACCESS" MEANS THE ABILITY TO RECEIVE, USE AND MANIPULATE DATA AND OPERATE CONTROLS INCLUDED IN INFORMATION TECHNOLOGY.

  2. "ALTERNATIVE METHODS OF ACCESS" INCLUDES THE FOLLOWING:

    1. METHODS THAT CAN BE OPERATED WITH OR WITHOUT VISION, LOW VISION, HEARING, HARD OF HEARING, LIMITED DEXTERITY, LIMITED REACH AND STRENGTH AND SPEECH.

    2. AVAILABILITY OF AUDITORY INFORMATION IN VISUAL OR TACTILE FORM AND VISUAL INFORMATION IN AUDITORY FORM OR TACTILE FORM, OR BOTH.

    3. TTY CONNECTABILITY AND SIGNAL COMPATIBILITY.

    4. HEARING AID COMPATIBILITY.

  3. "COMPARABLE ACCESS" MEANS THAT INDIVIDUALS WITH DISABILITIES HAVE ACCESS THAT IS SUBSTANTIALLY SIMILAR TO INDIVIDUALS WITHOUT DISABILITIES AND THAT THEY CAN USE THE TECHNOLOGY TO PERFORM THE SAME TASKS AND ACCESS THE SAME INFORMATION WITH THE SAME APPROXIMATE EASE, TIME AND COST TO THE INDIVIDUAL.

  4. "COVERED ENTITY":

    1. MEANS THE STATE OR ANY STATE ASSISTED ORGANIZATION.

    2. INCLUDES EACH DEPARTMENT, OFFICE, BOARD, BUREAU, COMMISSION OR OTHER UNIT OF THE EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OF GOVERNMENT, INCLUDING PUBLIC BODIES, FOUR YEAR OR TWO YEAR COLLEGES AND UNIVERSITIES OR STATE ASSISTED ORGANIZATIONS.

  5. "DISABILITY" MEANS THAT AN INDIVIDUAL HAS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES, HAS A RECORD OF SUCH AN IMPAIRMENT OR IS REGARDED AS HAVING SUCH AN IMPAIRMENT.

  6. "INFORMATION TECHNOLOGY" MEANS ALL ELECTRONIC INFORMATION PROCESSING HARDWARE AND SOFTWARE, INCLUDING TELECOMMUNICATIONS AND ANY ELECTRONIC INFORMATION EQUIPMENT OR INTERCONNECED SYSTEM THAT IS USED IN THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION OR RECEPTION OF DATA OR INFORMATION, INCLUDING AUDIO, GRAPHICS AND TEXT.

  7. "UNDUE BURDEN" MEANS SIGNIFICANT DIFFICULTY OR EXPENSE. IN DETERMINING WHETHER AN ACTION WOULD IMPOSE AN UNDUE BURDEN ON THE OPERATION OF THE AGENCY, FACTORS TO BE CONSIDERED INCLUDE ALL OF THE FOLLOWING;

    1. THE NATURE AND COST OF THE ACTION NEEDED UNDER THIS SECTION.

    2. THE OVERALL SIZE OF THE AGENCY'S PROGRAM AND RESOURCES, INCLUDING THE NUMBER OF EMPLOYEES, THE NUMBER AND TYPE OF FACILITIES AND THE SIZE OF THE AGENCY'S BUDGET.

    3. THE TYPE OF THE AGENCY'S OPERATION, INCLUDING THE COMPOSITION AND STRUCTURE OF THE AGENCY'S WORKFORCE , AND

    4. THE IMPACT OF THE ACTION ON THE RESOURCES AND OPERATION OF THE AGENCY.

41-3532. Assurance of universal or alternative methods of access

EACH COVERED ENTITY SHALL ENSURE THAT INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE USED BY EMPLOYEES, PROGRAM PARTICIPANTS OR MEMBERS OF THE GENERAL PUBLIC PERFORM THE FOLLOWING:

  1. PROVIDE INDIVIDUALS WITH DISABILITIES, INCLUDING THOSE WITH SENSORY IMPAIRMENTS, WITH ACCESS, INCLUDING INTERACTIVE USE OF THE EQUIPMENT AND SERVICES, THAT IS COMPARABLE TO THAT PROVIDED TO INDIVIDUALS WHO DO NOT HAVE DISABILITIES.

  2. ARE DESIGNED TO PRESENT INFORMATION, INCLUDING PROMPTS USED FOR INTERACTIVE COMMUNICATIONS, IN FORMATS INTENDED TO PROVIDE UNIVERSAL OR ALTERNATIVE METHODS OF ACCESS , AND

  3. HAVE BEEN PURCHASED UNDER A CONTRACT THAT INCLUDES THE TECHNOLOGY ACCESS CLAUSE REQUIRED PURSUANT TO SECTION 41-3533.

41-3533. Procurement requirements

  1. THE TECHNOLOGY ACCESS CLAUSE SPECIFIED IN SECTION 41-3532 SHALL BE DEVELOPED BY THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND SHALL REQUIRE COMPLIANCE WITH STANDARDS ESTABLISHED UNDER SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED IN AUGUST, 1998. THE CLAUSE SHALL BE INCLUDED IN ALL CONTRACTS FOR THE PROCUREMENT OF INFORMATION TECHNOLOGY BY, OR FOR THE USE OF, ENTITIES COVERED BY THIS ARTICLE.

  2. THE UNIVERSAL OR ALTERNATIVE METHODS OF ACCESS STANDARDS ESTABLISHED PURSUANT TO SUBSECTION A OF THIS SECTION SHALL INCLUDE SPECIFICATIONS THAT ARE NECESSARY TO FULFILL THE ASSURANCES IN SECTION 41-3532 AND SHALL INCLUDE THE FOLLOWING MINIMUM SPECIFICATIONS:

    1. EFFECTIVE, INTERACTIVE CONTROL AND USE OF THE TECHNOLOGY, INCLUDING THE OPERATING SYSTEM, APPLICATIONS PROGRAMS AND FORMAT OF THE DATA PRESENTED, IS READILY ACHIEVABLE BY UNIVERSAL OR ALTERNATIVE MEANS.

    2. THE TECHNOLOGY EQUIPPED FOR ALTERNATIVE ACCESS IS COMPATIBLE WITH INFORMATION TECHNOLOGY USED BY OTHER INDIVIDUALS WITH WHOM INDIVIDUALS WITH DISABILITIES MUST INTERACT.

    3. ALTERNATIVE METHODS OF ACCESS TECHNOLOGIES ARE INTEGRATED INTO NETWORKS USED TO SHARE COMMUNICATIONS AMONG EMPLOYEES, PROGRAM PARTICIPANTS AND THE PUBLIC , AND

    4. THE TECHNOLOGY FOR ALTERNATIVE METHODS OF ACCESS HAVE THE CAPABILITY OF PROVIDING COMPARABLE ACCESS TO INFORMATION TECHNOLOGY USED BY PERSONS WITH DISABILITIES.

  3. ANY ENCUMBERED FINANCES APPROVED PRIOR TO THE EFFECTIVE DATE OF JULY 1, 2002, BUT NOT SPENT UNTIL AFTER THIS DATE, IS SUBJECT TO THE PROVISIONS OF THIS ACT.

41-3534. Implementation

  1. NOTHING IN THIS SECTION REQUIRES THE INSTALLATION OF SOFTWARE OR PERIPHERAL DEVICES USED FOR ALTERNATIVE METHODS OF ACCESS WHEN THE INFORMATION TECHNOLOGY IS BEING USED BY INDIVIDUALS WHO DO NOT HAVE DISABILITIES.

  2. NOTWITHSTANDING SUBSECTION B OF THIS SECTION, THE APPLICATION 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 ALTERNATIVE METHODS OF ACCESS SOFTWARE AND PERIPHERAL DEVICES.

  3. COMPLIANCE WITH THIS ARTICLE IN REGARD TO INFORMATION TECHNOLOGY PURCHASED BEFORE THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE ACHIEVED AT THE TIME OF PROCUREMENT OF AN UPGRADE OR REPLACEMENT OF THE EXISTING EQUIPMENT OR SOFTWARE OR THE NEED FOR A REASONABLE ACCOMMODATION.

  4. COMPLIANCE WITH THIS LEGISLATION WILL BE EFFECTIVE JULY 1 OF 2002.

41-3535. Action for administrative complaint and injunction

  1. AN EMPLOYEE HAVING STANDING MAY FILE AN ADMINISTRATIVE COMPLAINT IN ACCORDANCE WITH TITLE 41, CHAPTER 4, ARTICLE 6 WITH THE AGENCY TO ENFORCE THE TERMS OF THIS STATUTE, OR

  2. A PERSON HAVING STANDING MAY MAINTAIN AN ACTION FOR INJUNCTION TO ENFORCE THE TERMS OF THIS STATUTE THROUGH SUPERIOR COURT

  3. ANY SUCH ACTION SHALL BE COMMENCED WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. FOR THE PURPOSES OF THIS SUBSECTION, A CAUSE OF ACTION FOR CONTINUING VIOLATION ACCRUES AT THE TIME OF THE LATEST VIOLATION.

  4. IF AN ACTION IS MAINTAINED IN SUPERIOR COURT, COSTS AND REASONABLE ATTORNEY FEES SHALL BE AWARDED TO THE PREVAILING PARTY.