PRINTER'S NO. 2672
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2182
Session of
2022
INTRODUCED BY D. MILLER, MARKOSEK, HOHENSTEIN, KINSEY, DELLOSO,
SCHLOSSBERG, PARKER, SANCHEZ, N. NELSON, DeLUCA, MADDEN,
DEASY AND GUZMAN, JANUARY 27, 2022
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 27, 2022
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in boards and offices, providing for
Office of Information Technology.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part V of Title 71 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 43
OFFICE OF INFORMATION TECHNOLOGY
Sec.
4301. Definitions.
4302. Accessibility standards.
4303. Procurement.
4304. Effect of chapter.
§ 4301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Accessibility." Perceivable, operable and understandable
digital content that enables an individual with a disability to
access the same information, engage in the same interactions and
enjoy the same services offered to individuals without a
disability, with the same privacy, independence and ease of use
aspects that exist for individuals without a disability.
"Disability." As defined in section 3(2) of the Americans
with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327) and its implementing regulations.
"Individual with a disability." As the term "qualified
individual with a disability" is defined in section 201(2) of
the Americans with Disabilities Act of 1990 and its implementing
regulations.
"Municipality." Any of the following:
(1) A county, city, borough, incorporated town, township
or home rule municipality.
(2) A department, board, commission or other officer or
agency of an entity under paragraph (1).
"Office." The Office of Information Technology of the
Commonwealth's Office of Administration.
"Public entity." As follows:
(1) Any of the following:
(i) The Governor or a department, board, commission,
authority or other officer or agency of the Commonwealth .
(ii) A municipality.
(2) The term does not include:
(i) A court or an officer or agency of the unified
judicial system.
(ii) The General Assembly or an officer or agency of
the General Assembly.
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(iii) A Stat e-related institution, as defined in
section 2001-C of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949.
(iv) The State System of Higher Education or any of
its institutions.
§ 4302. Accessibility standards.
(a) Duties of chief information officer.--The chief
information officer of the office shall:
(1) Maintain accessibility standards for individuals
with a disability for information technology systems employed
by public entities that:
(i) Provide individuals with a disability with
access to information stored electronically by public
entities by ensuring compatibility with adaptive
technology systems so that individuals with a disability
have full and equal access when needed.
(ii) Are designed to present information, including
prompts used for interactive communications, in formats
intended for both visual and nonvisual use, such as the
use of text-only options.
(2) Consistent with the responsibilities of the office,
promote and monitor the accessibility standards for
individuals with a disability in the State's information
technology infrastructure, including architecture. Each
public entity shall comply with the accessibility standards
established by the office for individuals with a disability
in the creation and promulgation of any online content and
materials used by the public entity.
(3) Consult with public entities and representatives of
individuals with a disability in developing and maintaining
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the accessibility standards for individuals with a
disability.
(4) Develop accessibility standards for individuals with
a disability using the web content accessibility guidelines
promulgated and published by the World Wide Web Consortium
(W3C) Web Accessibility Initiative or the international
accessibility guidelines working group, or any successor
group or organization. The office may revise the
accessibility standards based on updates or revisions of the
guidelines, in which case the office shall transmit notice of
its revisions to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin. The revisions shall
become effective upon publication in the Pennsylvania
Bulletin.
(b) Duties of public entities.--Each public entity shall
develop a written plan, including any proposed budget requests,
to implement its accessibility standards for individuals with a
disability at facilities accessible by the public as follows:
(1) No later than July 1, 2022, the public entity shall
submit the plan to the office, which shall work
collaboratively with the public entity to review the plan and
establish an implementation methodology.
(2) No later than July 1, 2024, the public entity shall
fully implement the plan.
§ 4303. Procurement.
(a) Minimum standards and criteria.--The office shall
approve minimum standards and criteria to be used in the
procurement by public entities of supplies, services or
construction, as those terms are defined in 62 Pa.C.S. § 103
(relating to definitions), regarding adaptive technologies for
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nonvisual or other disability access uses.
(b) Compliance.--Compliance with subsection (a) shall be
achieved at the time of procurement of an upgrade or replacement
of existing information equipment or software.
§ 4304. Effect of chapter.
(a) Use by individuals without disability.--Nothing in this
chapter shall require the installation of software or peripheral
devices used for accessibility for an individual with a
disability when the information technology is being used by
individuals without a disability.
(b) Accessibility required.--Notwithstanding any other
provision of this chapter, the applications, programs and
underlying operating systems, including the format of the data,
which are used for the manipulation and presentation of
information, must permit the installation and effective use of
and be compatible with software and peripheral devices that
provide accessibility to individuals with a disability.
Section 2. This act shall take effect in 60 days.
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