(1) The chief information officer in the office of information technology shall establish in rule pursuant to section 24-37.5-106 (4) accessibility standards for an individual with a disability for information technology systems employed by state agencies that: (a) Provide an individual with a disability with access to information stored electronically by state agencies by ensuring compatibility with adaptive technology systems so that an individual with a disability has full and equal access when needed; and (b) 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. (1.5) The chief information officer in the office of information technology shall, 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. Each state agency is directed to comply with the accessibility standards for individuals with a disability, established by the office of information technology pursuant to subsection (2.5) of this section, in the creation and promulgation of any online content and materials used by such state agency. (2) The chief information officer in the office of information technology shall consult with state agencies and representatives of individuals with a disability in maintaining the accessibility standards for individuals with a disability described in subsection (1) of this section and the procurement criteria described in section 24-85-104. (2.5) The chief information officer in the office of information technology shall promulgate rules that establish accessibility standards for individuals with a disability based on and including, but not limited to, the most recent web content accessibility guidelines promulgated and published by the world wide web consortium web accessibility initiative or the international accessibility guidelines working group, or any successor group or organization, or any subsequent updates or revisions to such guidelines by any successor group or organization when establishing the accessibility standards for individuals with a disability. (3) On or before July 1, 2024, each state agency shall fully implement the accessibility standards for individuals with a disability. Any state agency not in compliance with the accessibility standards pursuant to subsection (2.5) of this section after July 1, 2024, is in violation of section 24-34-802 and is subject to the remedies for noncompliance set forth in section 24-34-802. (4) (a) Any unexpended and unencumbered money appropriated to a department in a specific line item for information technology accessibility for fiscal year 2023-24 remains available for expenditure by the department through fiscal year 2025-26 without further appropriation for the department to comply with information technology accessibility standards. At the end of fiscal year 2025-26, money that is unexpended or unencumbered reverts to the fund from which it was appropriated. (b) This subsection (4) is repealed, effective July 1, 2027.
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