Montana Code 18-5-605. Implementation
18-5-605. Implementation. (1) For the purposes of ensuring the effective phasing in of nonvisual access technology procurement, the head of any state agency may not approve exclusion of the technology access clause required by 18-5-604 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, including the design and procurement of interactive equipment and software.
Terms Used In Montana Code 18-5-605
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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
- 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
- State agency: means a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget. See Montana Code 18-5-602
- Undue burden: means compliance may be accomplished only by incurring an undue financial or administrative burden or by fundamentally altering a program or activity. See Montana Code 18-5-602
(2)This section does not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired.
(3)Notwithstanding subsection (2), 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.
(4)Compliance with this part with regard to information technology purchased prior to July 1, 2001, must be achieved at the time of procurement of an upgrade or replacement of existing equipment or software.
(5)A state agency may be exempted from the provisions of this part if the state agency makes a good faith determination that compliance would result in an undue burden.