The following is a model Technology Act. 
Any final version would of course include definitions. 
 
Please desseminate this bill widely.  The NFB of Maryland is
working to have 
it introduced there, and introduction in other states is likely.
 
David Andrews                  BILL NUMBER                    
 
     An act to secure the benefits of access to information     
technology 
for individuals who are blind or visually      impaired and
thereby unable 
to access visual displays; to      provide an equivalent,
non-visual access 
means for the use      of information technology when such
technology is 
obtained      by the state, or by a state-assisted program; and
to ensure    
  that procurement specifications and decisions made in     
purchasing 
technology for the creation, storage, retrieval,      and
dissemination of 
information require the suppliers of      such technology to
include both 
visual and non-visual access      alternatives. 
 
 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                :
 
SECTION 1.  FINDINGS; POLICY. 
 
(a)  FINDINGS   The Legislature 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 state   
  and 
state-assisted programs is becoming a widespread means      of
access for 
employees and the public to obtain information      available 
electronically, but non-visual access, whether by      speech,
Braille or 
other appropriate means has been      overlooked in purchasing
and deploying 
the latest      information technology; 
 
     (3)  presentation of electronic data solely in a visual     
format is 
a barrier to access by individuals who are blind      or visually
impaired, 
preventing them from participating on      equal terms in crucial
areas of 
life, such as education and      employment; 
 
     (4)  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 
non-visual means; and 
 
 
     (5)  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) will not be left
out of the 
information age. 
 
 
(b)  POLICY.  It is the policy of the State of               
that all 
programs and activities of the state which are supported in whole
or in part 
by public funds shall be conducted in accordance with the
following 
principles: 
 
     (1)  individuals who are blind or visually impaired have the 
    right 
to full participation in the life of the state,      including
the use of 
advanced technology which is provided      by the state or
state-assisted 
programs for use by      employees, program participants
(including 
students), and      the 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 (including students),      and members of the
general public 
shall be accessible to and      usable by individuals who are
blind or 
visually impaired. 
 
SECTION 2.  ACCESS BY EMPLOYEES AND PROGRAM PARTICIPANTS. 
 
(a) In general, the head of each department, agency, or state-
assisted 
program shall ensure that information technology equipment and
software used 
by employees or program participants (including students) who are
blind or 
visually impaired-- 
 
     (1)  can present information for effective, interactive     
control 
and use by both visual and non-visual means; 
 
     (2)  is compatible with equipment and software used by other 
    
individuals with whom the blind or visually impaired     
individual must 
interact; and 
 
     (3)  can be integrated into the network or networks used to 
    share 
communications among employees or program      participants. 
 
(b)  Nothing in this section requires the installation of
specific 
non-visual access software or peripheral devices at a workstation
during any 
period of time in which the individual using the equipment does
not require 
non-visual access. 
 
(c) Notwithstanding the provisions of paragraph (b) of this
section, the 
applications programs and underlying operating systems (including
the format 
of the data) used for the manipulation and presentation of
information at 
all workstations shall permit the installation and effective use
of 
non-visual access software and peripheral devices. 
 
SECTION 3.  PUBLIC ACCESS. 
 
(a)  In general, the head of each department, agency, or state-
assisted 
program shall ensure that information technology used in the
dissemination 
of services to the public-- 
 
     (1)  provides blind or visually impaired individuals with   
  access 
(including interactive use of the equipment and      services)
which is 
equivalent to that provided to      individuals who are not blind
or 
visually impaired; and 
 
     (2)  is designed to present information (including prompts  
   used 
for interactive communications) in formats intended for      both
visual and 
non-visual use. 
 
 
SECTION 4.  PROCUREMENT REQUIREMENTS. 
 
(a)  Compliance with Sections 2 and 3 of this Act shall be
effected by means 
of a "technology access clause" which shall be included in all
contracts or 
agreements entered into by the state (or any of its agencies or 
state-assisted programs) on or after the effective date of this
Act. 
 
(b)  Technology Access Clause.  The "technology access clause"
shall be 
developed by the administrator of General Services in
consultation with the 
heads of other departments and agencies of the state (including
the 
Technology Access Board established pursuant to Section 5 of this
Act) and 
after public comment.  The clause shall clearly state, as a
condition for 
the expenditure of state funds in the purchase of information
technology, 
that the technology--        (1)  will provide equivalent access
for 
effective use by      both visual and non-visual means; 
 
     (2)  will present information (including prompts used for   
  
interactive communications) in formats intended for both     
visual and 
non-visual use; and 
 
     (3)  can be integrated into networks for obtaining,     
retrieving, 
and disseminating information used by      individuals who are
not blind or 
visually impaired. 
 
(c)  Existing Systems.  Compliance with Sections 2 and 3 of this
Act in 
regard to information technology purchased prior to the effective
date of 
this Act shall be achieved at the time of procurement of an
upgrade or 
replacement of the existing equipment or software. 
 
 
SECTION 5.  BLIND INDIVIDUALS' TECHNOLOGY ACCESS BOARD 
 
(a)  There is established within the Office of the Governor, the
Blind 
Individuals' Technology Access Board (hereinafter referred to as
"The 
Board") which shall be composed as follows: 
 
 
     (1)  Five members shall be appointed by the Governor from   
       
among members of the general public of whom at least a          
majority 
shall be individuals who are blind or visually          
impaired. 
 
     (2)  The remaining members shall be heads of each of the    
      
following departments or agencies (or their designees): 
 
          (i)   Department of Education           (ii) 
Department of Labor  
         (iii) Department of General Services           (iv) 
State agency 
for vocational rehabilitation                         services 
 
     (3)  The chairperson of the Board shall be blind or visually 
         
impaired and shall be elected by a majority vote of the          
members 
appointed pursuant to paragraph (1) of this           subsection,
and the 
vice chairperson shall be elected           by a majority vote of
the 
members appointed pursuant to           paragraph (2).   
 
     (4)  (i)  The term of office of each member appointed       
        
pursuant to paragraph (a) of this section shall be               
three 
years, except as provided in clause (ii).  
 
          (ii) (I)   Two members first appointed upon enactment  
           
           of this Act shall be appointed to serve for           
           
 a term of three years.   
 
               (II)  Two members first appointed upon enactment  
           
           of this Act shall be appointed to serve for           
           
 a period of two years. 
 
               (III) One member first appointed upon enactment of 
          
          this Act shall be appointed to serve for a             
           
term of one year. 
 
     (5)  A member whose term has expired may continue to serve  
        
until a successor has been appointed. 
 
     (6)  Each member of the Board appointed under paragraph (a) 
         
shall be entitled to reimbursement for actual expenses          
incurred in 
connection with the performance of official           duties. 
 
     (7)  It shall be the functions of the Board to-- 
 
          (i)       establish general performance standards for  
           
       technology designed to provide individuals                
    who 
are blind or visually impaired with                    
equivalent 
non-visual access to visual                     display devices; 
 
 
          (ii)      recommend procurement specifications for     
           
    information access technology based on the                   
 standards 
developed pursuant to clause (i); 
 
          (iii)     provide advice and technical assistance      
           
   pertaining to accessible information                    
technology for 
blind and visually impaired                     individuals; and
 
          (iv)      evaluate specific equipment or software and  
           
       provide the results thereof before                    
procurement 
decisions are made. 
 
SECTION 6.  ACTION FOR INJUNCTION 
 
(a)  A person injured by a violation of this Act may maintain an
action for 
injunctive relief to enforce the terms of the Act. 
 
(b)  Limitation period for civil action.-- 
 
     (1)  Any such action shall be commenced within four years   
       
after the cause of action accrues. 
 
     (2)  For the purposes of this subsection, a cause of action 
         
for a continuing violation accrues at the time of the          
latest 
violation. 
 
 
SECTION 7.  This act shall take effect and be in force from
........... 
 
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