ARIZONA STATE SENATE
Phoenix, Arizona
CORRECTED
access to information
technology
Purpose
Requires state government
and state assisted organizations to provide alternative methods of access to
information technology (IT) by people with disabilities by July 1, 2003.
Background
Several federal laws require
the establishment of alternative methods of access to IT for persons with
disabilities. For instance, Title 4 of
the Americans with Disabilities Act requires telecommunications companies that
provide service to the general public to provide telephone relay service to
individuals who use telecommunications devices for the deaf or similar
devices. In addition, Section 508 of
the Rehabilitation Act requires federal agencies to ensure that IT is
accessible to employees and members of the public to the extent that it does
not cause an undue burden. Section 508
is limited to the federal government and does not apply to either the private sector
or recipients of federal funds. Failure
of a federal agency to comply with the standards when procuring electronic and
information technology may result in an administrative complaint or a civil
action seeking to enforce compliance with the standards.
While requirements for
alternative methods of access to IT can be expected to generate additional
costs, the specific fiscal impact of this legislation, if quantifiable, is
unknown. According to the U.S.
Architectural and Transportation Barriers Compliance Board, sources of cost for
Section 508 include costs of modifying electronic and information technology to
meet the standards, training of staff, support and use accessible products and
translating documentation and instructions into alternative formats.
Provisions
1. Requires state government and any state assisted organizations to ensure that their IT equipment and software provides full use to persons with disabilities, presents information in formats allowing access to all persons and is purchased by a contract that includes a technology procurement access (TPA) clause.
2. Allows for state and state assisted organization IT without alternative methods of access if used by individuals without disabilities.
3. Allows employees of standing to enforce alternative access requirements for the State and state assisted organization IT by filing an administrative complaint.
4. Allows employees of standing to enforce alternative access requirements by filing an injunction in superior court. Requires court enforcement actions be brought within two years of the cause of action and stipulates that the cause of action arises at the time of the latest violation. Requires the court to award costs and reasonable attorney fees to the prevailing party.
5. Requires the State’s and state assisted organizations’ IT application programs and underlying operating systems allow for the installation and use of alternative methods to access software and peripheral devices for individuals with disabilities.
6. Requires compliance with alternative access requirements for state government and state assisted organizations IT purchased before July 1, 2003 when such IT is upgraded or replaced or the need for reasonable accommodation arises.
7. Requires the Director of Arizona Department of Administration to develop a TPA clause and requires compliance with Section 508 of the Rehabilitation Act. Provides minimum specifications for TPA clauses.
8. Requires the inclusion of a TPA clause in all contracts for procuring IT by, or for the use of, the State or any state assisted organizations.
9. Prescribes definitions.
10. Becomes effective on July 1, 2003.
Prepared
by Senate Staff
January
25, 2002