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SB-937 State agencies: web accessibility.(2019-2020)

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Date Published: 02/06/2020 09:00 PM
SB937:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 937


Introduced by Senator Hill

February 06, 2020


An act to amend Section 11546.7 of the Government Code, relating to state agencies.


LEGISLATIVE COUNSEL'S DIGEST


SB 937, as introduced, Hill. State agencies: web accessibility.
Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer.
Existing law requires, before July 1, 2019, and before July 1 biennially thereafter, the director of each state agency or entity and the chief information officer of that state agency or entity to post on the home page of the agency’s or entity’s internet website a signed certification that the agency’s or entity’s internet website is in compliance with specified accessibility standards. Existing law requires the Director of Technology to create a standard form for use to determine compliance with these standards.
This bill would authorize a state agency to temporarily remove public documents from digital access if a justifiable impediment exists and the Director of Technology verifies the impediment prohibits full compliance and the state agency complies with certain requirements, including citing the reason for the document’s removal and listing options and instructions for how to access the document offline. The bill would make any file or document removed after October 14, 2017, subject to these requirements.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11546.7 of the Government Code is amended to read:

11546.7.
 (a) Before July 1, 2019, and before July 1 biennially thereafter, the director of each state agency or state entity, as defined in subdivision (e) of Section 11546.1, and each chief information officer appointed under Section 11546.1, shall post on the home page of the state agency’s or state entity’s Internet Web site internet website a signed certification from the state agency’s or state entity’s director and chief information officer that they have determined that the Internet Web site internet website is in compliance with Sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
(b) The Director of Technology shall create a standard form that each state agency’s or state entity’s chief information officer shall use to determine whether the state agency’s or state entity’s Internet Web site internet website is in compliance with the accessibility standards specified in subdivision (a).
(c) If a justifiable impediment exists that prevents a state agency from bringing all documents into compliance with subdivision (a), and the Director of Technology verifies the impediment prohibits full compliance, a state agency may temporarily remove public documents from digital access if they do all of the following:
(1) Cite the reason for the document’s removal.
(2) List the type, title, data, and number of pages or file size of each removed document on the agency’s internet website in an Americans with Disabilities Act (ADA)-compliant digital format so that users are aware of what public documents have been removed from public view.
(3) List options and instructions on the site for how to access the document offline and how to contact the agency with further questions through use of an ADA compliant platform and channel.
(4) Provide information about when or if the agency will be converting the removed document and restoring it to a digitally accessible, ADA compliant site.
(d) Any file or document removed after October 14, 2017, is subject to the requirements in subdivision (c).

SEC. 2.

 The Legislature finds and declares that Section 2 of this act, which amends Section 11546.7 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to ensure that there is an adequate paper trail when state documents are removed on a temporary basis, and to further state government transparency with respect to the removal and ongoing access to state documents, it is necessary to protect these public interests.