Information Technology

Ark. Code Ann. tit. 25, ch. 26

in effect

Ark. Code Ann. § 25-26-201 Findings and policy.

(a) The General Assembly finds that: (1) The advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology; (2) Use of interactive visual display devices by state and state-assisted organizations has become a widespread means of access for employees and the public to obtain information available electronically, but nonvisual access by speech, braille, or other appropriate means has been overlooked in the development of the latest information technology; (3) Presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired, preventing them from participating on equal terms in crucial areas of life such as education and employment; (4) Alternatives, including both software and hardware adaptations, have been created so that interactive control of computers and use of the information presented is more likely to be available by both visual and nonvisual means; and (5) The goals of the state in obtaining and deploying the most advanced forms of information technology properly include universal access so that segments of society with particular needs, including without limitation individuals unable to use visual displays, will not be left out of the information age. (b) It is the policy of the State of Arkansas that all programs and activities that are supported in whole or in part by public funds shall be conducted in accordance with the following principles: (1) To the extent provided in this subchapter, individuals who are blind or visually impaired shall be provided access to the advanced technology that is provided to other employees, program participants, and members of the general public; (2) To the extent provided in this subchapter, technology purchased in whole or in part with funds provided by the state to be used for the creation, storage, retrieval, or dissemination of information and intended for use by employees, program participants, and members of the general public shall be accessible to and usable by individuals who are blind or visually impaired; and (3) If technology that allows access for individuals who are blind or visually impaired is not reasonably available, individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2013.

Ark. Code Ann. § 25-26-202 Definitions.

For purposes of this subchapter: (1) “Access” means the ability to receive, use, and manipulate data and operate controls included in information technology; (2) “Blind or visually impaired individual” means an individual who: (A) Has a visual acuity of twenty/two hundred (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 twenty degrees (20°); (B) Has a medically indicated expectation of visual deterioration; or (C) Has 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; (3) “Covered entity” means the state or any state-assisted organization; (4) “Information technology” means all electronic information processing hardware and software, including telecommunications; (5) “Nonvisual” means synthesized speech, braille, and other output methods not requiring sight; (6) “Reasonably available” means developed and available for purchase for a price as provided in this subchapter from: (A) The vendor that provided the product that is to be used by visual users; or (B) Another vendor if the technology is available from more than one (1) vendor in the marketplace; (7) “State” means the state or any of its departments, agencies, public bodies, or other instrumentalities; (8) “State-assisted organization” means a college, nonprofit organization, person, political subdivision, school system, or other entity supported in whole or in part by state funds; and (9) “Telecommunications” means the transmission of information, images, pictures, voice or data by radio, video, or other electronic or impulse means.

Ark. Code Ann. § 25-26-203 Assurance of nonvisual access.

In general, the head of each covered entity shall ensure that information technology equipment and software used by employees, program participants, or members of the general public: (1) Provide blind or visually impaired individuals with access, to the extent provided in this subchapter, to interactive use of the equipment and services that is equivalent to that provided to individuals who are not blind or visually impaired; (2) Are designed to present information, including, but not limited to, prompts used for interactive communications in formats intended for both visual and nonvisual use; and (3) Have been purchased under a contract which includes the technology access clause required pursuant to § 25-26-204.

Ark. Code Ann. § 25-26-204 Procurement requirements.

(a)(1) The technology access clause specified in § 25-26-203 shall be developed by the Office of State Technology and shall require compliance with nonvisual access standards established by the office. (2) The technology access clause shall be included in all contracts for the procurement of information technology by or for the use of entities covered by this subchapter on or after July 30, 1999. (b) The nonvisual access standards established by the division under subsection (a) of this section shall: (1) Include the specifications necessary to fulfill the assurances in § 25-26-203; (2) Follow the standards for software applications and operating systems provided by 36 C.F.R. § 1194.21, as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 — 1194.4, as they existed on January 1, 2019; (3) Follow the standards for web-based intranet and internet information and applications provided by 36 C.F.R. § 1194.22, as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 — 1194.4, as they existed on January 1, 2019; and (4) Include the following minimum specifications: (A) That, to the extent provided in this subchapter, effective, interactive control and use of the technology, including without limitation the operating system, software applications , and format of the data presented is readily achievable by nonvisual means; (B) That, to the extent provided in this subchapter, the technology equipped for nonvisual access is compatible with information technology used by other individuals with whom the blind or visually impaired individual interacts; (C) That, to the extent provided in this subchapter, nonvisual access technology is integrated into networks used to share communications among employees, program participants, and the public; and (D) That, to the extent provided in this subchapter, the technology for nonvisual access has the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. (c) The minimum specifications under subsection (b) of this section do not prohibit the purchase or use of an information technology product that does not meet these standards if the information manipulated or presented by the product is inherently visual in nature so that its meaning cannot be conveyed nonvisually.

Ark. Code Ann. § 25-26-205 Implementation.

(a) For the purpose of assuring the effective phasing in of nonvisual access technology procurement, the head of any covered entity: (1) May not approve exclusion of the technology access clause from any contract with respect to: (A) The compatibility of standard operating systems and software with nonvisual access software and peripheral devices; or (B) The initial design, development, and installation of information systems, including the design and procurement of interactive equipment and software; or (2) May approve, with respect to nonvisual access software or peripheral devices obtained during the three-year period beginning upon the date of enactment of this act, exclusion of such technology access clause to the extent that the cost of such software or devices for the covered entity exceeds: (A) Fifty thousand dollars ($50,000) for the first year; (B) One hundred thousand dollars ($100,000) for the second year; and (C) Two hundred and fifty thousand dollars ($250,000) for the third year. (b) Nothing in this section requires 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. (c) Notwithstanding the provisions of subsection (b) of this section, the applications programs and underlying operating systems, including without limitation the format of the data used for the manipulation and presentation of information, shall permit, to the extent provided in this subchapter, the installation and effective use of nonvisual access software and peripheral devices. (d) Compliance with this subchapter in regard to information technology purchased prior to July 30, 1999, shall be achieved at the time of procurement of an upgrade or replacement of the existing equipment or software.

Ark. Code Ann. § 25-26-206 Action for injunction.

(a) A person injured by a violation of this subchapter may maintain an action for injunctive relief to enforce the terms of this subchapter. (b) The limitation period for civil action is as follows: (1) Any such action shall be commenced within four (4) years after the cause of action accrues; and (2) For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.

Ark. Code Ann. § 25-26-301 Title.

This subchapter shall be known and may be cited as the “Arkansas Cyber Initiative Act”.

Ark. Code Ann. § 25-26-302 Legislative intent.

The General Assembly finds that: (1) Malicious cyber activity continues to grow rapidly; (2) Critical infrastructure and state networks are primary targets for hackers, including transnational organized crime and national and state actors; (3) Arkansas is home to national and global private-sector companies that are considerable targets in the financial services, food and supply chain, and electric grid sectors; (4) As the private sector owns and operates the vast majority of the critical infrastructure in the United States, including Arkansas, it is critical that a cyber-capability response involve private sector companies; (5) The Arkansas Cyber Initiative will be part of the newly formed American Cyber Alliance and will develop cyber capacity in Arkansas with regard to innovation, workforce development, and intelligence and operations; and (6) The Arkansas Cyber Initiative will help mitigate cyber risks in Arkansas, develop educational best practices, provide enhanced threat assessment and response capabilities for public and private sectors in Arkansas, and advance opportunities for economic development in Arkansas.

Ark. Code Ann. § 25-26-303 Arkansas Cyber Initiative — Creation — Powers and duties.

Unless otherwise provided by law, the Arkansas Economic Development Commission may work with universities, colleges, government agencies, and the private business sector to establish a cyber alliance to be known as the “Arkansas Cyber Initiative” that will support collaborations for the purpose of improving cybersecurity and the economy of the state through: (1) Improving cyber infrastructure; (2) Increasing the focus on cyber job-creating research activities; and (3) Expanding cyber job-creating research activities toward producing more knowledge-based and high-technology cyber jobs in this state.

Ark. Code Ann. § 25-26-304 Areas of collaboration.

The Arkansas Cyber Initiative may: (1) Identify specific areas where scientific research and innovation may contribute to the creation and growth of knowledge-based and high-technology cyber jobs in Arkansas; (2) Determine specific areas in which financial investment and engagement from government agencies or private businesses located in Arkansas could be enhanced or increased if resources were made available to assist in developing a robust cybersecurity infrastructure; (3) Advise universities of the cyber-related talent needs of Arkansas businesses; (4) Improve the exchange of innovation and workforce collaboration for the mutual benefit of universities, government agencies, and private businesses; (5) Encourage collaborations between private businesses or private business sector representatives and universities in the areas of research identified by the alliance; (6) Recommend government investments in cyber infrastructure for the reduction of cyber risks and enhancement of economic development opportunities; (7) Hold an annual cyber summit to engage corporate leadership and academia; (8) Facilitate economic development activities relating to cybersecurity; (9) Pursue funding from public and private sources to facilitate the work of the initiative; (10) Facilitate outreach to rural communities and municipalities; and (11) Provide operational cyber support for government agencies and private business located in Arkansas by: (A) Implementing enhanced cyber-threat assessment and mitigation capability at unclassified and classified levels; (B) Assessing the cyber networks and infrastructure of this state; (C) Providing best practices and professional development training for people employed in cybersecurity; (D) Assisting with responses to critical cyber incidents in this state; (E) Developing uncleared and cleared apprenticeship programs related to cybersecurity; and (F) Fostering collaboration with the State Cybersecurity Office for the ongoing improvement of cybersecurity efforts across government entities.

Ark. Code Ann. § 25-26-305 Contracts on behalf of the Arkansas Cyber Initiative.

(a) In order to assist the Arkansas Cyber Initiative in achieving the objectives identified in this subchapter, the Arkansas Economic Development Commission may contract with a person or an entity recommended by the initiative for activities consistent with the purpose of this subchapter. (b) When contracting with a person or an entity under this subchapter, the commission shall not be bound by the provisions of the Arkansas Procurement Law, § 19-61-101 et seq., requiring competitive bids if compliance with the Arkansas Procurement Law, § 19-61-101 et seq., creates a security risk.

Ark. Code Ann. § 25-26-306 Freedom of Information Act of 1967 — Exemption.

The Arkansas Cyber Initiative is exempt from complying with the Freedom of Information Act of 1967, § 25-19-101 et seq., if compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq., creates a security risk.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.25.htmlFetched: 11/8/2026