18-5-601. Findings — policy. (1) The legislature finds that:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 18-5-601

  • Access: means the ability to receive, use, and manipulate data and operate controls included in information technology. See Montana Code 18-5-602
  • Blind or visually impaired: means an individual who has:

    (a)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 20 degrees;

    (b)a medically indicated expectation of visual deterioration; or

    (c)a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability. See Montana Code 18-5-602

  • Information technology: means all electronic information processing hardware and software, including telecommunications. See Montana Code 18-5-602
  • Nonvisual: means synthesized speech, Braille, and other output methods not requiring sight. See Montana Code 18-5-602
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Readily adaptable: means that all critical components of information may be rendered by the information technology in equivalent nonvisual formats and that the installation or operation of software or hardware adaptations for speech, Braille, or other nonvisual formats do not require extraordinary alterations to the information technology. See Montana Code 18-5-602
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)the advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology;

(b)the use of interactive visual display terminals by the state is becoming a widespread means of access for public employees and the public to obtain information available electronically, but nonvisual access, whether by speech, Braille, or other appropriate means, has not been systematically incorporated into the procurement process for new information technology;

(c)presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired, preventing them from participating on equal terms in crucial areas of life, such as education and employment;

(d)alternatives, including both software and hardware adaptations, have been created so that interactive control of computers and the use of the information presented are possible by both visual and nonvisual means;

(e)the goals of the state in obtaining and deploying new forms of technology properly include universal access so that segments of society with particular needs, including individuals who are unable to use visual displays, will not be left out of the information age; and

(f)although access to programs, technology, and information is provided for under other state and federal law and, in many instances, compels the installation and availability of nonvisual technology adaptations, access to information technology is most effectively accomplished at the point of procurement, ensuring that funds are expended on information technology designed to be readily adaptable for nonvisual access.

(2)It is the policy of this state that all state programs and activities be conducted in accordance with the following principles:

(a)Individuals who are blind or visually impaired have the right to full participation in the life of the state, including the use of information technology that is provided by the state for use by employees, program participants, and the public.

(b)Technology purchased in whole or in part with funds provided by the state that is to be used for the creation, storage, retrieval, or dissemination of information and that is intended for use by employees, program participants, and the public must be accessible to and usable by individuals who are blind or visually impaired.