Law / United States / 
Montana
Nonvisual access to information technology procured by state agencies
Mont. Code Ann. §§ 18-5-603, 18-5-605
In force since .
An accessibility requirements rule binding government bodies.
- Obligation class
- Governance, Contract terms
What it requires
- If you are a state agency, a university system entity included, and you procure information technology equipment or software for use by employees, program participants or members of the public, ensure it gives blind or visually impaired individuals access, including interactive use of the equipment and services, equivalent to that provided to individuals who are not blind or visually impaired, and presents information, including interactive prompts, in formats intended for both visual and nonvisual use (section 18-5-603(1) and (2)).
- Buy it only under a contract that includes the technology access clause required by section 18-5-604, and do not approve excluding that clause from any contract covering the compatibility of standard operating systems and software with nonvisual access software and peripheral devices or the initial design, development and installation of information systems (sections 18-5-603(3) and 18-5-605(1)).
- Ensure the applications programs and underlying operating systems, including the format of the data, used to manipulate and present information permit the installation and effective use of nonvisual access software and peripheral devices; installing that software or those devices is not required where the technology is used by individuals who are not blind or visually impaired (section 18-5-605(2) and (3)).
- Compliance for information technology purchased before is due when you procure an upgrade or replacement of the existing equipment or software, and a state agency may be exempted from the part on a good faith determination that compliance would result in an undue burden (section 18-5-605(4) and (5)).
These lines are LexLint's reading of the law's text.
What this law does
When information technology equipment and software are procured for use by employees, program participants or members of the public, the state agency head shall ensure that the equipment or software provides blind or visually impaired individuals with access, including interactive use of the equipment and services, that is equivalent to that provided to individuals who are not blind or visually impaired.
The state agency head shall also ensure that the equipment or software is designed to present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use, and has been purchased under a contract that includes the technology access clause. A state agency is a department, board, commission, office, bureau, institution, university system entity or unit of state government recognized in the state budget.
Information technology means all electronic information processing hardware and software, including telecommunications. The head of a state agency may not approve exclusion of the technology access clause from any contract with respect to the compatibility of standard operating systems and software with nonvisual access software and peripheral devices or with respect to the initial design, development and installation of information systems.
The applications programs and underlying operating systems, including the format of the data, used for the manipulation and presentation of information must permit the installation and effective use of nonvisual access software and peripheral devices, although the section does not require installing that software or those devices where the technology is used by individuals who are not blind or visually impaired.
Compliance with the part for information technology purchased before must be achieved at the time of procurement of an upgrade or replacement of existing equipment or software. A state agency may be exempted from the part if the state agency makes a good faith determination that compliance would result in an undue burden.
Undue burden means that compliance may be accomplished only by incurring an undue financial or administrative burden or by fundamentally altering a program or activity. Section 18-5-603 was enacted by section 3 of chapter 429, Laws of 2001. Chapter 429, Laws of 2001 took effect on as to all sections.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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