18-132. Alternative methods of access to electronic or information technology; complaint procedure; rules

A. In order to improve accessibility of future electronic or information technology and increase the successful employment and access to government services for individuals with disabilities, particularly blind and visually impaired and deaf and hard-of-hearing persons, a budget unit, in developing, procuring, maintaining or using electronic or information technology through the use of state monies, shall ensure that the electronic or information technology provides comparable access to individuals with disabilities in accordance with the accessibility standards adopted under section 508 of the rehabilitation act of 1973 (29 United States Code section 794d) unless doing so would impose an undue burden on the budget unit.

B. The budget unit that contracts with a vendor that provides these products or services is subject to this article for the provision of electronic or information technology or for the provision of related services and shall agree to respond to and make a good faith effort to resolve any complaint regarding accessibility.  The department of administration shall establish a complaint procedure for all budget units, except the supreme court shall establish a complaint procedure for the courts. The complaint procedures for the department of administration and the supreme court shall be consistent with section 508 of the rehabilitation act of 1973 to be used by an individual with a disability who alleges that a budget unit failed to comply with this article.

C. The department of administration shall adopt rules that are necessary to implement this article and revise those rules as necessary based on any amendments to section 508 of the rehabilitation act of 1973, including an undue burden process that is consistent with the section 508 federal acquisition regulation provisions.  The department of administration shall begin the rule making process by October 1, 2004.