45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO PUBLIC RECORDS; ENACTING THE ACCESS TO INFORMATION TECHNOLOGY ACT; PROVIDING FOR ACCESS TO PUBLIC DOCUMENTS FOR THE VISUALLY IMPAIRED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Access to Information Technology Act".

Section 2. DEFINITIONS.--As used in the Access to Information Technology Act:

A. "access" means the ability to receive, use and manipulate data and operate controls included in information technology;

B. "blind or visually impaired individual" means an individual who:

(1) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees;

(2) has a medically indicated expectation of visual deterioration; or

(3) has a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print;

C. "information technology" means information processing equipment, hardware and software used in a system to impart information to a blind or visually impaired individual;

D. "nonvisual" means synthesized speech, Braille and other output communication methods not requiring sight to comprehend;

E. "state" means the state, the branches, institutions and other organizational entities of state government and its political subdivisions;

F. "state-assisted organization" means a person supported in whole or in part by state funds; and

G. "telecommunications" means the transmission of information, images, pictures, voice or data by radio, video or other electronic or impulse means.

Section 3. ASSURANCE OF NONVISUAL ACCESS.--The state shall ensure that information technology and telecommunications equipment acquired after the effective date of the Access to Information Technology Act:

A. provides blind or visually impaired individuals with access that is equivalent to access provided to individuals who are not blind or visually impaired;

B. is designed to present information in formats intended for both visual and nonvisual use; and

C. has been purchased under a contract that includes the technology access clause required pursuant to the Access to Information Technology Act.

Section 4. GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED--DUTIES.--

A. The governor's committee on concerns of the handicapped shall develop nonvisual access standards that include the following minimum specifications:

(1) effective, interactive control and use of the technology by nonvisual means;

(2) compatibility with information technology used by other individuals with whom the blind or visually impaired individual must interact;

(3) integration into networks used to share communications among employees, program participants and the public; and

(4) capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

B. The state and state-assisted organizations shall include in all contracts for the procurement of information technology a clause requiring compliance with nonvisual access standards established by the Access to Information Technology Act.

Section 5. ACTION FOR INJUNCTION.--A person who incurs pecuniary damage proximately caused by noncompliance with the Access to Information Technology Act by the state or a person may maintain an action for injunctive relief to enforce the terms of that act. An action shall be commenced within four years after the cause of action accrues. A cause of action seeking to enjoin a continuing violation accrues at the time of the latest violation.

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.