	April 1998

Blind Demand Equal Access in Information Age

In a recent photo in the Maryland section of the Baltimore Sun (Feb. 26), National Federation of the Blind leaders Jim Gashel, Tom Ley, Sharon Manecki, and Betsy Zaborowski listen as the Maryland legislature debates the merits of HB 185 (the full text of the bill follows this article). The bill, which has now passed both the House and the Senate, provides for non-visual access to information and information systems, such as computers and kiosks provided for the public by the state. Furthermore, the bill requires any equipment procured by the State of Maryland to be suitable for nonvisual access. The Baltimore-based non-profit National Federation of the Blind has taken the lead in pushing this issue through the Maryland legislature. Similar bills have recently been passed in Minnesota and Texas.

Dr. Betsy Zaborowski, Director of Special Programs for the NFB, indicated that new technology is both beneficial and frustrating to blind users. She is quoted in the Sun article as saying "There are different kinds of challenges. More and more information on the Internet is graphics. Unlike text, they can't be translated to speech or Braille." Richard Ring, director of the NFB's International Braille Technology Center, said that many of the new consumer electronics which are now off-limits to blind users, were more accessible when they had knobs, buttons and switches that could be felt, instead of flat, LCD displays. "These devices are not designed for rocket scientists, but for people of average intelligence. I can't use them simply because I'm blind," he said.

Here is the full text of the bill:

HOUSE BILL 185

Unofficial Copy
P2

1998 Regular Session
8lr1201
CF 8lr1315

By:
Delegates Curran, Dypski, Hammen, Krysiak, Bobo, Pendergrass, Turner, Morgan, Mohorovic, Montague, McHale, DeCarlo, Dewberry, Getty, Fulton, Marriott, Boston, Opara, Kirk, C. Mitchell, Watson, Branch, C. Davis,Harrison, Malone, D. Murphy, Bissett, Clagett, Crumlin, B. Hughes, Patterson, Proctor, Hutchins, Slade, Exum, Rzepkowski, M. Burns,Hubbard, Dembrow, Mandel, Gordon, Genn, Barve, Snodgrass, Conway, Pitkin, Faulkner, Brinkley, and Benson

Introduced and read first time: January 22, 1998
Assigned to: Commerce and Government Matters

Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 1998

CHAPTER

AN ACT concerning
State Procurement - Information Technology - Nonvisual Access

FOR the purpose of requiring the Chief of Information Technology in the Department of Budget and Management, in consultation with certain persons, to develop for inclusion in State procurement contracts, after a certain date, a clause regarding nonvisual access to information technology; providing certain exceptions; defining a certain term; requiring that each procurement contract include a clause covering the requirements for nonvisual access to information technology; providing for the application of this Act; and generally relating to the inclusion of a clause regarding nonvisual access in each invitation for bids or request for proposals for information technology under the State procurement law.

BY repealing and reenacting, with amendments,
Article - State Finance and Procurement
Section 3-402 and 13-218(a)
Annotated Code of Maryland
(1995 Replacement Volume and 1997 Supplement)

BY adding to

HOUSE BILL 185

Article - State Finance and Procurement
Section 3-412
Annotated Code of Maryland
(1995 Replacement Volume and 1997 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article - State Finance and Procurement 3-402.

(a) In this subtitle the following words have the meanings indicated.

(b) "Board" means the Information Technology Board.

(c) "Chief" means the Chief of Information Technology.

(d) "Information technology" means all electronic information processing hardware and software, including:

(1) maintenance;

(2) telecommunications; and

(3) associated consulting services.

(E) "NONVISUAL ACCESS" MEANS THE ABILITY, THROUGH KEYBOARD CONTROL, SYNTHESIZED SPEECH, BRAILLE, OR OTHER METHODS NOT REQUIRING SIGHT, TO RECEIVE, USE AND MANIPULATE INFORMATION, AND OPERATE CONTROLS NECESSARY TO ACCESS INFORMATION TECHNOLOGY.

[(e)] (F) "Telecommunications" has the meaning provided in S 3-701 of this article.

[(f)] (G) "Resource sharing" means the utilization of a State resource by private industry in exchange for the provision to the State of a communication service or other consideration.

3-412.

(A) THE CHIEF AND THE BOARD, IN CONSULTATION WITH OTHER UNITS OF STATE GOVERNMENT, AND AFTER PUBLIC COMMENT,SHALL DEVELOP A NONVISUAL ACCESS CLAUSE FOR USE IN THE PROCUREMENT OF INFORMATION TECHNOLOGY WHICH SPECIFIES THAT THE TECHNOLOGY:

(1) MUST PROVIDE EQUIVALENT ACCESS FOR EFFECTIVE USE BY BOTH VISUAL AND NONVISUAL MEANS;

(2) WILL PRESENT INFORMATION,INCLUDING PROMPTS USED FOR INTERACTIVE COMMUNICATIONS, IN FORMATS INTENDED FOR BOTH VISUAL AND NONVISUAL USE;

(3) CAN BE INTEGRATED INTO NETWORKS FOR OBTAINING, RETRIEVING, AND DISSEMINATING INFORMATION USED BY INDIVIDUALS WHO ARE NOT BLIND OR VISUALLY IMPAIRED; AND

(4) SHALL BE OBTAINED, WHENEVER POSSIBLE,WITHOUT MODIFICATION FOR COMPATIBILITY WITH SOFTWARE AND HARDWARE FOR NONVISUAL ACCESS.

(B)

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE NONVISUAL ACCESS CLAUSE REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL BE INCLUDED IN EACH INVITATION FOR BIDS OR REQUEST FOR PROPOSALS UNDER DIVISION II OF THIS ARTICLE FOR THE PURCHASE OF NEW OR UPGRADED INFORMATION TECHNOLOGY.

(2) THE NONVISUAL ACCESS CLAUSE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION IS NOT REQUIRED IF:

(I) THE INFORMATION TECHNOLOGY IS NOT AVAILABLE WITH NONVISUAL ACCESS BECAUSE THE ESSENTIAL ELEMENTS OF THE INFORMATION TECHNOLOGY ARE VISUAL AND NONVISUAL EQUIVALENCE CANNOT BE DEVELOPED; OR

(II) THE COST OF MODIFYING THE INFORMATION TECHNOLOGY TO SUPPORT NONVISUAL ACCESS WOULD INCREASE THE COST OF THE PROCUREMENT BY MORE THAN 5 PERCENT.

13-218.

(a) Each procurement contract shall include clauses covering:

(1) termination for default;

(2) termination wholly or partly by the State for its convenience if the head of the primary procurement unit determines that termination is appropriate;

(3) variations that occur between estimated and actual quantities of work in a procurement contract;

(4) liquidated damages, as appropriate;

(5) specified excuses for nonperformance;

(6) except for real property leases, the unilateral right of the State to order in writing:

(i) changes in the work,if the changes are within the scope of the procurement contract; and

(ii) a temporary stop or delay in performance; [and]

(7) the obligation of the contractor to comply with the political contribution reporting requirements under Subtitle 30 of Article 33 of the Code, to which the contractor may be subject as required under S 17-402 of this article; AND

(8) NONVISUAL ACCESS FOR INFORMATION TECHNOLOGY AS REQUIRED UNDER S 3-412 OF THIS ARTICLE.

SECTION 2.

AND BE IT FURTHER ENACTED,That this Act shall apply to each invitation for bids and request for proposals issued after December 31, 1998 for award under a State procurement contract for the purchase of new or upgraded information technology.