Law / United States / 
Arkansas
Technology access clause in procurement of information technology by the state and state-assisted organizations
Ark. Code Ann. sec. 25-26-204 (Act 1227 of 1999, as amended by Act 218 of 2019)
In force since .
A procurement conditions rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
- Obligation class
- Contract terms
- Conformance standard
- US Section 508 standards
What it requires
- If you sell information technology to the state or to a state-assisted organization (a college, nonprofit organization, political subdivision, school system or other entity supported in whole or in part by state funds), expect the contract to include the technology access clause, which requires your product to comply with the state's nonvisual access standards (Ark. Code Ann. sec. 25-26-204(a)).
- Make software applications and operating systems follow the standards of 36 C.F.R. 1194.21, and web-based intranet and internet information and applications follow the standards of 36 C.F.R. 1194.22, each as it existed on and subject to 36 C.F.R. 1194.1 to 1194.4 (sec. 25-26-204(b)(2) and (3)).
- Make effective, interactive control and use of the technology, including the operating system, software applications and the format of the data presented, readily achievable by nonvisual means, to the extent the subchapter provides (sec. 25-26-204(b)(4)(A)).
- Make technology equipped for nonvisual access compatible with the information technology used by other individuals with whom a blind or visually impaired individual interacts, to the extent the subchapter provides (sec. 25-26-204(b)(4)(B)).
- Integrate nonvisual access technology into the networks used to share communications among employees, program participants and the public, to the extent the subchapter provides (sec. 25-26-204(b)(4)(C)).
- Give the technology the 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, to the extent the subchapter provides (sec. 25-26-204(b)(4)(D)).
- A product that does not meet the minimum specifications may still be bought or used where the information it manipulates or presents is inherently visual in nature, so that its meaning cannot be conveyed nonvisually (sec. 25-26-204(c)).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Private civil action for injunctive relief by a person injured by a violation (Ark. Code Ann. sec. 25-26-206).
What this law does
The technology access clause must require compliance with nonvisual access standards. The clause must be included in all contracts for the procurement of information technology by, or for the use of, covered entities. The nonvisual access standards must follow the standards for software applications and operating systems in section 1194.21 of title 36 of the Code of Federal Regulations. The software standard is read as section 1194.21 existed on .
The nonvisual access standards must follow the standards for web-based intranet and internet information and applications in section 1194.22 of title 36 of the Code of Federal Regulations. The minimum specifications require that, to the extent provided in the subchapter, effective, interactive control and use of the technology is readily achievable by nonvisual means.
The minimum specifications require that, to the extent provided in the subchapter, technology equipped for nonvisual access is compatible with information technology used by other individuals with whom the blind or visually impaired individual interacts. The minimum specifications require that, to the extent provided in the subchapter, nonvisual access technology is integrated into networks used to share communications among employees, program participants and the public.
The minimum specifications require that, to the extent provided in the subchapter, the technology for nonvisual access has the 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. A person injured by a violation of the subchapter may maintain an action for injunctive relief to enforce its terms.
As codified, the clause requirement reaches contracts made by or for covered entities on or after , the date the codified text sets where Act 1227 refers to its effective date. Since Act 1301 of 2003, the minimum specifications do not prohibit the purchase or use of an information technology product that does not meet the standards if the information it manipulates or presents is inherently visual in nature, so that its meaning cannot be conveyed nonvisually.
When LexLint raises it
When your app profile says your app distributes a software product.
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