First Regular Session
Sixty-second General Assembly
LLS NO. 99-0897.01 Debbie Haskins HOUSE BILL 99-1362
STATE OF COLORADO
BY REPRESENTATIVES Coleman, Kester, Witwer;
also SENATOR Feeley.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
101 CONCERNING INFORMATION TECHNOLOGY ACCESS FOR INDIVIDUALS WHO
102 ARE BLIND.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Directs the information management commission (IMC) to develop
on or before July 1, 2001, nonvisual access standards for state agencies
that allow blind or visually impaired individuals to gain access to state
information. Requires the IMC, as part of the nonvisual access standards,
to develop a technology access clause that may be used in contracts for
procuring information technology. Requires the IMC to consult with
state agencies and representatives of blind or visually impaired
individuals in developing the nonvisual access standards and the
technology access clause.
Requires the head of each state agency to submit to the IMC by
July 1, 2002, a written plan for information technology equipment or
software based upon the nonvisual access standards, including identifying
potential costs or savings to implement the nonvisual access standards.
Requires the commission to evaluate the nonvisual access standards and
the written plans for implementation developed by the state agencies and
to report to the business affairs and labor committees of the house and
senate and the joint budget committee on or before January 1, 2003.
Provides that such report shall include any recommendations for
legislation concerning the nonvisual access standards.
States that nothing in this act shall require the installation of
software or peripheral devices used for nonvisual access that would
fundamentally alter an agency's program or create an undue burden.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 24, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 85
5 Information Technology Access for Individuals
6 Who are Blind or Visually Impaired
7 24-85-101. Legislative declaration. (1) THE GENERAL
8 ASSEMBLY HEREBY FINDS THAT:
9 (a) THE ADVENT OF THE INFORMATION AGE THROUGHOUT THE
10 UNITED STATES AND AROUND THE WORLD HAS RESULTED IN LASTING
11 CHANGES IN INFORMATION TECHNOLOGY;
12 (b) THE USE OF INTERACTIVE VISUAL DISPLAY TERMINALS BY
13 STATE AGENCIES IS BECOMING A WIDESPREAD MEANS OF ACCESS FOR
14 EMPLOYEES AND THE PUBLIC TO OBTAIN INFORMATION ELECTRONICALLY,
15 BUT THAT NONVISUAL ACCESS, WHETHER BY SPEECH, BRAILLE, OR OTHER
16 APPROPRIATE MEANS, GENERALLY HAS BEEN OVERLOOKED IN PURCHASING
17 AND DEPLOYING THE LATEST INFORMATION TECHNOLOGY.
18 (2) THE GENERAL ASSEMBLY HEREBY DECLARES THAT THE GOALS
19 OF THE STATE IN OBTAINING AND DEPLOYING THE MOST ADVANCED FORMS
20 OF INFORMATION TECHNOLOGY SHOULD PROPERLY INCLUDE UNIVERSAL
21 ACCESS SO THAT SEGMENTS OF SOCIETY WITH PARTICULAR NEEDS,
22 INCLUDING INDIVIDUALS UNABLE TO USE VISUAL DISPLAYS, WILL NOT BE
23 LEFT OUT OF THE INFORMATION AGE.
24 24-85-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
25 CONTEXT OTHERWISE REQUIRES:
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1 (1) "BLIND OR VISUALLY IMPAIRED INDIVIDUAL" MEANS AN
2 INDIVIDUAL WHO:
3 (a) HAS A VISUAL ACUITY OF 20/200 OR LESS IN THE BETTER EYE
4 WITH CORRECTIVE LENSES OR HAS A LIMITED FIELD OF VISION SO THAT THE
5 WIDEST DIAMETER OF THE VISUAL FIELD SUBTENDS AN ANGLE NO GREATER
6 THAN TWENTY DEGREES;
7 (b) HAS A MEDICALLY INDICATED EXPECTATION OF VISUAL
8 DETERIORATION; OR
9 (c) HAS A MEDICALLY DIAGNOSED LIMITATION IN VISUAL
10 FUNCTIONING THAT RESTRICTS THE INDIVIDUAL'S ABILITY TO READ AND
11 WRITE STANDARD PRINT AT LEVELS EXPECTED OF INDIVIDUALS OF
12 COMPARABLE ABILITY.
13 (2) "COMMISSION" MEANS THE COMMISSION ON INFORMATION
14 MANAGEMENT CREATED IN SECTION 24-30-1701.
15 (3) "STATE AGENCY" MEANS THE STATE OR ANY OF ITS PRINCIPAL
16 DEPARTMENTS AND AGENCIES.
17 24-85-103. Nonvisual access standards. (1) ON OR BEFORE
18 JULY 1, 2001, THE COMMISSION SHALL DEVELOP NONVISUAL ACCESS
19 STANDARDS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE
20 FOR STATE AGENCIES THAT ALLOW BLIND OR VISUALLY IMPAIRED
21 INDIVIDUALS TO GAIN ACCESS TO STATE INFORMATION.
22 (2) AS PART OF THE NONVISUAL ACCESS STANDARDS, THE
23 COMMISSION SHALL ALSO DEVELOP A TECHNOLOGY ACCESS CLAUSE THAT
24 MAY BE USED IN CONTRACTS FOR THE PROCUREMENT OF INFORMATION
25 TECHNOLOGY THAT REQUIRES THAT INFORMATION TECHNOLOGY SUPPLIED
26 BY THE VENDOR MEETS THE NONVISUAL ACCESS STANDARDS DEVELOPED
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1 BY THE COMMISSION.
2 (3) THE COMMISSION SHALL CONSULT WITH STATE AGENCIES AND
3 REPRESENTATIVES OF BLIND OR VISUALLY IMPAIRED INDIVIDUALS IN
4 DEVELOPING THE NONVISUAL ACCESS STANDARDS DESCRIBED IN
5 SUBSECTION (1) OF THIS SECTION AND THE TECHNOLOGY ACCESS CLAUSE
6 DESCRIBED IN SUBSECTION (2) OF THIS SECTION.
7 (4) ON OR BEFORE JULY 1, 2002, THE HEAD OF EACH STATE
8 AGENCY SHALL SUBMIT TO THE COMMISSION A WRITTEN PLAN FOR
9 INFORMATION TECHNOLOGY EQUIPMENT OR SOFTWARE BASED UPON THE
10 NONVISUAL ACCESS STANDARDS, INCLUDING IDENTIFYING POTENTIAL
11 COSTS OR SAVINGS TO IMPLEMENT THE NONVISUAL ACCESS STANDARDS.
12 (5) NOTHING IN THIS ARTICLE SHALL REQUIRE THE INSTALLATION
13 OF SOFTWARE OR PERIPHERAL DEVICES USED FOR NONVISUAL ACCESS THAT
14 WOULD FUNDAMENTALLY ALTER A STATE AGENCY'S PROGRAM OR CREATE
15 AN UNDUE BURDEN.
16 (6) THE COMMISSION SHALL EVALUATE THE NONVISUAL ACCESS
17 STANDARDS AND THE WRITTEN PLANS FOR IMPLEMENTATION DEVELOPED
18 PURSUANT TO SUBSECTION (4) OF THIS SECTION AND SHALL REPORT TO THE
19 BUSINESS AFFAIRS AND LABOR COMMITTEES OF THE HOUSE OF
20 REPRESENTATIVES AND THE SENATE AND TO THE JOINT BUDGET
21 COMMITTEE ON OR BEFORE JANUARY 1, 2003. SUCH REPORT SHALL ALSO
22 INCLUDE ANY RECOMMENDATIONS FOR LEGISLATION CONCERNING THE
23 NONVISUAL ACCESS STANDARDS.
24 SECTION 2. 24-30-1702 (1) (f), Colorado Revised Statutes, is
25 amended, and the said 24-30-1702 (1) is further amended BY THE
26 ADDITION OF A NEW PARAGRAPH, to read:
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1 24-30-1702. Commission's purposes, powers, and duties.
2 (1) The purposes of the commission on information management are to
3 oversee strategic planning and set policy for the state's information
4 systems and to assure continuity in planning and controlling the state's
5 investment in information systems. In furtherance of these purposes, the
6 commission shall have the following powers and duties:
7 (f) To study the automated data processing needs of state
8 agencies; and
9 (h) TO ESTABLISH NONVISUAL ACCESS STANDARDS FOR STATE
10 AGENCIES FOR INFORMATION TECHNOLOGY FOR THE USE OF INDIVIDUALS
11 WHO ARE BLIND OR VISUALLY IMPAIRED AS SPECIFIED IN ARTICLE 85 OF
12 THIS TITLE.
13 SECTION 3. Effective date. This act shall take effect at 12:01
14 a.m. on the day following the expiration of the ninety-day period after
15 final adjournment of the general assembly that is allowed for submitting
16 a referendum petition pursuant to article V, section 1 (3) of the state
17 constitution; except that, if a referendum petition is filed against this act
18 or an item, section, or part of this act within such period, then the act,
19 item, section, or part, if approved by the people, shall take effect on the
20 date of the official declaration of the vote thereon by proclamation of the
21 governor.