Virginia HB 1355: Information Technology Access Act; numerous organizational changes to Act.

Bill Text

2024SESSION
ENGROSSED
24105159D
1 HOUSEBILLNO.1355
2 HouseAmendmentsin[]-February12,2024
3 A BILL to amend and reenact §§ 2.2-3500 through 2.2-3504 of the Code of Virginia and to amend the
4 Code of Virginia by adding in Chapter 35 of Title 2.2 a section numbered 2.2-3505, relating to
5 Information Technology Access Act; digital accessibility.
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PatronPriortoEngrossment––DelegateTran
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8 ReferredtoCommitteeonCommunications,TechnologyandInnovation
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §§ 2.2-3500 through 2.2-3504 of the Code of Virginia are amended and reenacted and that
12 the Code of Virginia is amended by adding in Chapter 35 of Title 2.2 a section numbered 2.2-3505
13 as follows:
14 §2.2-3500. Policy.
15 A. The General Assembly finds that (i) the advent of the information age throughout the United
16 States and around the world has resulted in lasting changes in information and communications
17 technology; (ii) use of interactive visual display terminals information and communications technology
18 by state and state-assisted organizations is becoming has become a widespread means of access for
19 employees and the public to obtain information available electronically, but nonvisual access, whether by
20 speech, Braille, or other appropriate means for persons with disabilities has often been overlooked in
21 when developing, designing, purchasing, and deploying the latest information and communications
22 technology; (iii) presentation of electronic data solely in a visual format is a barrier to access by
23 individuals who are blind or visually impaired, preventing when presentation of data through
24 information and communications technology is not accessible by persons with disabilities, it prevents
25 them from participating on equal terms in crucial areas of life, such as education and employment; (iv)
26 alternatives, including both software and hardware adaptations, have been created so that interactive
27 control of computers and use of the information presented is possible by both visual and nonvisual
28 means accessible information and communications technology is often cheaper for the government in the
29 long run because it does not require post-implementation adaptions and does not expose the government
30 to liability under various state and federal laws that require access for persons with disabilities; and (v)
31 the goals of the state in obtaining and deploying the most advanced forms of information and
32 communications technology properly include universal access so that the segments of society with
33 particular needs (including individuals unable to use visual displays) persons with disabilities will not
34 continue to be left out of the information age the latest and future technological innovations.
35 B. It is the policy of the Commonwealth that all covered entities shall conduct themselves in
36 accordance with the following principles: (i) individuals who are blind or visually impaired all persons
37 with disabilities have the right to full participation in the life of the Commonwealth, including the use of
38 advanced information and communications technology that is provided by such covered entities for use
39 by employees, program participants, students, and members of the general public, and (ii) technology
40 purchased in whole or in part with funds provided by the Commonwealth, acquired, or developed
41 in-house by a covered entity to be used for the creation, storage, retrieval, display, or dissemination of
42 information and intended for use by employees, program participants, students, and members of the
43 general public shall be adaptable for access by individuals who are blind or visually impaired. The
44 implementation of nonvisual access technology under this chapter shall be determined on a case-by-case
45 basis as the need arises accessible by all persons with disabilities.
46 §2.2-3501. Definitions.
47 As used in this chapter, unless the context requires a different meaning:
48 "Access" means the ability to receive, use, and manipulate data and operate controls included in
49 information and communications technology.
50 "Blind" or "visually impaired" individual means an individual who has: (i) a visual acuity of 20/200
51 or less in the better eye with correcting lenses or has a limited field of vision so that the widest
52 diameter of the visual field subtends an angle no greater than 20 degrees; (ii) a medically indicated
53 expectation of visual deterioration; or (iii) a medically diagnosed limitation in visual functioning that
54 restricts the individual's ability to read and write standard print at levels expected of individuals of
55 comparable ability.
56 "Accessibility" means alignment with federal Section 508 Standards and Section 255 Guidelines
57 adopted pursuant to 29 U.S.C. §794d and 47 U.S.C. §255.
58 "Accessibility Conformance Report" means a completed Voluntary Product Accessibility