[Arizona-students] NFBA legislative luncheon talking points

The BlindTechs Network info at theblindtechsnetwork.com
Tue Jan 22 15:45:14 CST 2008


can any blind person come to this or do we have to be card carying  
members?
The BlindTechs Network
www.theblindtechsnetwork.com
info at theblindtechsnetwork.com
623-565-9357 (west phoenix Arizona)
480-297-7569 (East Phoenix Arizona)
562-219-2309 (Los Angeles California)




On Jan 22, 2008, at 6:58 AM, Krezguy wrote:

> From Sami Hamed, Chair
NFBA legislative committee -

Hello, fellow Federationists,

As you know, Thursday, January 24 is our annual legislative luncheon.
Please try to arrive at the Capitol's Grand Canyon Room (lower level  
of the
capitol



Building) by 11:00 AM, and be prepared to stay until about 2:30 PM.   
We need
a good turnout to be effective and have a lasting presence.  Please call
your fellow NFBA members to



urge them to attend, have lunch, and meet with their representatives and
senators.







Please, if you haven't already done so, personally phone or e-mail  
your two
representatives and one senator to participate in our luncheon.  If  
you need



info about your own legislator, you can contact your senator and
representatives by phone at:





*       AZ House and Senate Tucson Office: (520) 398-6000
*       Senate-Phoenix: (602) 926-3559
*       House-Phoenix: (602) 926-4221
*       Toll Free: 1-800-352-8404





This legislative session, we, as the NFBA, will be focusing on three
important issues with our legislators.  We need them to understand  
that the
$500,000 appropriation made last year for Independent Living Services  
for
the blind must be preserved and not eliminated.  The Department of  
Economic



Services / RSA program, has been vastly underfunded, and the  
appropriation
only makes a start at providing adequate services.







We are asking the legislature to pass a model bill that helps protect
pedestrian safety with silent hybrid automobiles.  This is also a  
national
initiative, but the federal bill will have a better chance of passing if
states pass their own bills.  Therefore, we, the NFBA, must get this  
passed
in order for the Federal Government to recognize that this is a national
issue and must be done for all of the Blind in the United States.







We have been successful in helping pass an accessible textbook law for
children kindergarten through high school.  Now we turn our attention to



making instructional materials accessible for college and university
students.  We are having difficulties with passing a federal law, so our



national leadership has asked us to work at passing a state law that  
helps
make post-secondary educational material accessible in order to put  
pressure
on



federal lawmakers.  Last year, the Maryland General Assembly, Senate,  
and
Governor Martin O'Malley, passed a state accessible instructional  
materials
text book law for college students who are Blind and attending Maryland
Colleges and Universities.  We can pass this in Arizona.  We have a  
great
chance to make this happen, so let's get it done and let's start  
advocating
for passage of our soon-to-be legislative bill for Arizona.







The two model bills are attached and also appended to the bottom of this



message.







I look forward to seeing all of you at our legislative luncheon on  
Thursday,
January 24th.  If you have any questions, please contact our  
President, Bob
Kresmer or me.

Best,

Sami Hamed, Chairman

NFBA Legislative Committee

Cell: (520) 490-1633

Home: (520) 903-1190

Email:  Govhamed at aol.com

Talking Points for the Arizona Legislature NFBA Legislative Luncheon  
January
24, 2008


This year, we, the NFBA, are urging our legislators to preserve the 2007
appropriation of $500,000.00 to fund the RSA Independent Living  
services for
the blind of Arizona.   The appropriation enjoyed wide bi-partisan  
support,
and addresses a long-time need that has never been adequately addressed.

The additional funding is already begun to cause an increase in the  
level of
services to the senior blind in our state.  Because the funding did not
actually flow to the Rehabilitation Services Administration until late  
2007,
we cannot yet accurately claim exactly how many blind seniors have  
benefited
from the appropriation.


The state of Arizona will, after the first year of the additional
appropriation, be able to assure legislators how many, and in what  
ways, the
senior blind have had their lives improved.  Please do not cancel a
long-needed program in order to meet this year's budget crunch.



Model Quiet Car Legislation
Talking Points for the Arizona Legislature NFBA Legislative Luncheon  
January
24, 2008


The purpose of this legislation is to establish a minimum sound level
standard for all phases of vehicle operation, which is to be  
applicable to
every new vehicle sold in Arizona and licensed for use on our cities and
counties streets and roadways.

.       The total number of hybrid vehicles sold per year in Arizona is
growing dramatically, and although the present number of hybrid vehicles
constitutes a small overall percentage of vehicles, if this rate of  
growth
persists, the number of hybrid vehicles will soon equal or exceed the  
number
of internal combustion engine vehicles.  Currently, all hybrid and  
electric
vehicles sold in Arizona do not make any sound at all.

.       We, as Blind pedestrians, cannot locate and evaluate traffic  
using
vision.  We must listen to traffic to determine its speed, direction,  
and
distance in order to travel safely and independently; and other people,
including pedestrians who are not blind, bicyclists, runners, and small
children, benefit from multi-sensory information available from vehicle
traffic, including the sound of vehicle engines.

.       When operating, hybrid vehicles sold in Arizona, cannot be  
heard by
blind people and others, rendering such vehicles extremely dangerous  
when
driving on the street, emerging from driveways, moving through parking  
lots,
and in other situations where pedestrians and vehicles come into  
proximity
with each other.

.       Failure by the State of Arizona to take immediate action  
assuring
that blind pedestrians can hear hybrid and other silent vehicles in all
phases of their operation will lead to pedestrian injuries and  
fatalities.
This would also cause several problems for the state's auto insurance
industry and for city and county law enforcement that enforce all  
local and
state traffic laws.

.       Fatalities and injuries can be avoided through vehicle designs  
which
take into account the multi-sensory nature of traffic detection and
avoidance and require that vehicles emit a minimum level of sound  
designed
to alert all pedestrians, especially blind pedestrians, to the  
presence of
electric and hybrid vehicles.

.       Passage of this legislation will not result in any cost to  
Arizona
taxpayers.  The only persons who would be bearing the cost are persons  
who
purchase and lease electric and hybrid vehicles.

.       Passage by the Arizona Legislature of a Model Quiet Safety
Pedestrian Bill is urgent for the safety and security of Blind of  
Arizona
and all persons who travel on Arizona streets and roadways.


Arizona Equal Access to Instructional
Materials in Higher Education Legislation Talking Points for the Arizona
Legislature NFBA Legislative Luncheon January 24, 2008


This year, we, the NFBA, are urging our legislators to pass the Arizona
Equal Access to Instructional Materials in Higher Education Bill.  The
purpose of the Equal Access to Instructional Materials in Higher  
Education
Bill will benefit blind and other eligible students by:

1.      improving literacy,
2.      enhancing performance in higher education,
3.      improving employability, and
4.      reducing the cost of acquiring instructional materials in  
accessible
formats, including Braille.

.       By supporting the passage of the Accessible Instructional  
Materials
for Higher Education for Arizona college students, the publisher can  
provide
the book in a simple electronic format.  With technology changing
constantly, this will allow for publishers to have the text books  
available
to the colleges and universities without delay or additional cost to the
college and university bookstore and the publishers.

.       In our Legislative Bill, the publishers will be consulted on the
formatting of the text book and both the consumer and the publisher,  
must
mutually decide an acceptable formats.  If the publisher and the college
and/or university cannot agree upon a format, the publisher will then
provide the file in another mutually agreed upon computer or electronic
format, such as Microsoft Word or LaTex.

.       Under our legislation, the publisher does not necessarily  
supply the
accessible instructional materials directly to the student; the college
and/or university must supply the instructional material to the eligible
student in the accessible format of the student's choice.  This is  
done in
order for the publisher to work with the college and university as other
students get their text book from the college and/or university book  
store.


.       In our legislation, the publisher shall provide the computer or
electronic version of the printed instructional materials to the  
eligible
student or educational institution, at no additional cost.  Any  
student who
requests a text book in an electronic format will be the same price as  
any
other student pays for a print text book.  There would be no  
additional cost
to the publisher or the student.

.       In this legislation, the colleges and/or universities will not  
copy,
publish, or in any other way distribute the accessible version of the
instructional materials for use by anyone other than the student.

.       We are not mandating that every text book must be sold to all  
blind
students; we are only asking that they be available upon request to  
blind
students who want them an in accessible format in order to complete  
their
required assignments at any of our state's colleges and universities.

Model Quiet Car Legislation

Section 1.  This Act shall be known as the "Pedestrian Safety  
Enhancement
Act of 2008."

Section 2.  Definitions.
(a) "Vehicle" means anything licensed for transporting people or goods  
on
public roadways including but not limited to a car, van, light truck,  
cargo
truck, or bus.

Section 3.  Findings and Purpose.
(a) The General Assembly of this state finds that:
(1)     Vehicles designed to provide the desirable benefits of reducing
harmful pollutants and operating with greater fuel efficiency include
gasoline-electric hybrid and electric-only vehicles, and in the  
foreseeable
future may include hydrogen fuel cell and other engine designs that  
rely on
fuels and technologies other than the gasoline-powered internal  
combustion
engine.
(2)     All of the vehicle engine designs specified in (1) above, as  
well as
other designs not specified herein, operate or are likely to operate  
with
virtually no sound being produced by the vehicle.
(3)     The total number of hybrid vehicles sold per year in this  
state is
growing dramatically, and although the present number of hybrid vehicles
constitutes a small overall percentage of vehicles, if this rate of  
growth
persists, the number of hybrid vehicles will soon equal or exceed the  
number
of internal combustion engine vehicles in this state.
(4)     Because blind pedestrians cannot locate and evaluate traffic  
using
their vision, they must listen to traffic to discern its speed,  
direction,
and other attributes in order to travel safely and independently; and  
other
people, including pedestrians who are not blind, bicyclists, runners,  
and
small children, benefit from multi-sensory information available from
vehicle traffic, including the sound of vehicle engines.
(5)     When operating on their electric engines, hybrid vehicles sold  
in
this state cannot be heard by blind people and others, rendering such
vehicles extremely dangerous when driving on the street, emerging from
driveways, moving through parking lots, and in other situations where
pedestrians and vehicles come into proximity with each other.
(6)     Failure of this state to take immediate action assuring that  
blind
pedestrians can hear hybrid and other silent vehicles in all phases of  
their
operation will lead to pedestrian injuries and fatalities.
(7)     The results described in (6) above are preventable through  
vehicle
designs which take into account the multi-sensory nature of traffic
detection and avoidance and require that vehicles emit a minimum level  
of
sound designed to alert all pedestrians, especially blind pedestrians,  
to
the presence of said vehicles.
(b) The purpose of this legislation is to establish a minimum sound  
level
standard for all phases of vehicle operation, which is to be  
applicable to
every new vehicle sold in this state and licensed for use on its public
streets and roadways when sold and registered after a specified date.

Section 4.
(a) Within one year of enactment of this Act, the agency or agencies  
in this
state having jurisdiction over vehicle emissions and vehicle/pedestrian
safety shall promulgate regulations establishing a minimum sound  
standard
applicable to vehicles sold in and licensed to travel the public roads  
of
this state.
(b) The standard promulgated shall have all of the following
characteristics:
(1)     In all phases of operation, including times when the vehicle  
is at a
full stop, vehicles shall emit an omni-directional sound with similar
spectral characteristics to those of a modern internal combustion  
engine.
(2)     The sound shall vary in a way that is consistent with the  
sound of
vehicles with combustion engines indicating that the vehicle is idling,
maintaining a constant speed, accelerating, or decelerating.
(3)     The regulations need not prescribe the apparatus, technology, or
method to be used by vehicle manufacturers to achieve the required  
minimum
sound level.
(c) When determining a minimum sound level, the state agency or agencies
crafting regulations pursuant to this Act shall:
(1)     review all available research regarding the effect of traffic  
sounds
on pedestrian safety; and
(2)     consult consumer groups representing individuals who are blind,
other pedestrians, cyclists, and advocates for the safety of children.

Section 5.  No later than two years after the minimum sound standard
required by this legislation has been promulgated, all new vehicles  
sold in
this state and licensed for use on the public roads must be in  
compliance
with the standard.

Section 6.  Beginning one year after the date that new vehicles must  
comply
with the minimum sound standard, vehicle safety inspections required  
in this
state shall include inspection of the sound-emitting components to  
insure
that they are functioning properly in order to provide maximum safety to
pedestrians in this state.  Vehicles that fail to meet the minimum sound
standard shall not be certified to travel on the roads of this state.

Section 7.  This Act shall take effect immediately upon its enactment.



Model Bill:
Equal Access to Instructional Materials in Higher Education


SECTION 1.  SHORT TITLE-This act may be cited as the "Equal Access to
Instructional Materials in Higher Education Act."

SECTION 2.  PURPOSE-The purpose of the Equal Access to Instructional
Materials in Higher Education Act is to provide instructional  
materials in
an accessible format to blind and other eligible students as defined  
in this
Act at the same time as the corresponding printed instructional  
material is
made available.  The Equal Access to Instructional Materials in Higher
Education Act will benefit blind and other eligible students by:

        A.  improving literacy,

        B.  enhancing performance in higher education,

        C.  improving employability, and

        D. reducing the cost of acquiring instructional materials in
accessible formats, including Braille.

SECTION 3.  DEFINITIONS-

        A.  "Accessible format" means one of several alternatives to
traditional print, including Braille, audio recordings, large print, and
computer text files.

        B.  "Braille" means the tactile system of reading and writing  
used
by persons who are blind, as defined by the Braille Authority of North
America.

        C.  "Department" refers to the State department of education.

        D.  "Educational institution" means all public or private
postsecondary educational institutions.

        E.  "Instructional materials" means textbooks (including  
teacher's
editions) and other materials that are required or essential to  
success in a
course of study, including computerized, electronic, or Internet-based
course materials, assignments, and tests.

        F.  "Structural integrity" means the entire contents of the  
printed
instructional materials, including the text of the material, sidebars,  
table
of contents, chapter headings and subheadings, footnotes, captions,  
indexes,
glossaries, bibliographies, pictures, illustrations, graphs, and charts,
organized in a manner consistent with the original printed instructional
materials.

        G.  "Eligible student" means a person who is accepted by,  
enrolled
at, or attending an educational institution and who is also eligible to
receive services from the National Library Service for the Blind and
Physically Handicapped of the Library of Congress.

        H.  "Textbook" means a book, a system of instructional  
materials, or
a combination of a book and supplementary instructional material that
conveys information to the student or otherwise contributes to the  
learning
process, including electronic textbooks.

SECTION 4. INSTRUCTIONAL MATERIALS-

A.      A publisher that prints instructional materials for eligible
students attending educational institutions shall provide the electronic
file in one of the methods below.

(1)     Provide to the educational institution's designated coordinator,
upon request of the eligible student, any printed instructional  
materials in
a computer or electronic file which can be easily converted to the
accessible format of the student's choice.
(2)     Provide the accessible copy of the instructional materials  
directly
to the eligible student in the accessible format of the student's  
choice.

        B.  The format used by the publisher shall include any  
nationally
recognized or generally accepted standard for conversion of files to
Braille, such as DAISY 3.0.

        C.  If no nationally recognized or generally accepted standard  
is
appropriate, publishers shall provide the file in another mutually  
agreed
upon computer or electronic format, such as Microsoft Word or LaTex.

        D.  The educational institution may:

                (1) use the computer or electronic version of the  
printed
instructional materials that is provided by the publisher to produce the
accessible version of the instructional materials;

                (2) supply the material to a third-party transcription
company which will in turn produce the accessible version of the
instructional materials; or

                (3) supply the electronic or computer file directly to  
the
eligible student.

In any case, when the publisher does not supply the accessible  
instructional
materials directly to the eligible student, the educational  
institution must
supply the instructional material to the eligible student in the  
accessible
format of the student's choice.

        E.  The computer or electronic version of the printed  
instructional
materials supplied by the publisher shall:

                (1) comply with any applicable federal standard;

                (2) otherwise maintain the structural integrity of the
printed instructional materials;

                (3) include copies of all pictures, illustrations,  
graphs,
and charts, organized in a manner consistent with the original printed
instructional materials; and

(4) include corrections and revisions as necessary.

        F.  The publisher shall provide the computer or electronic  
version
of the printed instructional materials to the eligible student or
educational institution, at no additional cost, and within ten  
business days
after receipt of a written request that does all of the following:

                (1) certifies that the eligible student has purchased  
the
printed instructional materials;

                (2) certifies that the student is an eligible student as
defined in section 3 of this Act; and

                (3) certifies that the printed instructional materials  
are
for use by the eligible student in connection with a course at the
educational institution.

        G.  A publisher may require that the request include a statement
signed by both the eligible student and the educational institution  
agreeing
that:

                (1) the educational institution will not copy,  
publish, or
in any other way distribute the accessible version of the instructional
materials for use by anyone other than the original eligible student,  
except
that the educational institution may provide the accessible version of  
the
instructional materials to another eligible student who has made a  
request
pursuant to F above and who has signed a statement agreeing to the terms
contained in this section, unless it is otherwise permitted by federal  
law;
and

                (2) the eligible student will not copy, publish, or in  
any
other way distribute the accessible version of the printed instructional
materials to any other person.

        H.  A publisher who manufactures instructional materials using  
any
type of video or audio format, CD ROM, or other digital format for  
eligible
students attending educational institutions shall, upon request,  
provide an
accessible version of the instructional materials, subject to the same
conditions and limitations as for printed instructional materials.

        I.  Nothing in the Equal Access to Instructional Materials in  
Higher
Education Act shall be deemed to authorize any use of instructional
materials that would constitute an infringement of copyright pursuant to
applicable federal copyright law.

SECTION 5.  GUIDELINES-The department, in consultation with  
representatives
from educational institutions, shall adopt guidelines consistent with  
the
Equal Access to Instructional Materials in Higher Education Act for the
implementation and administration of this Act.  The guidelines shall  
address
all of the following:

        A.  procedures for the suspension of publishers that fail to  
comply
with the provisions of the Equal Access to Instructional Materials in  
Higher
Education Act;

        B.  an administrative complaint process to be followed for
complaints against a publisher or institution of higher education;

        C.  development of a list of approved third party transcription
companies for use by educational institutions; and

        D.  any other matters the department deems necessary or  
appropriate
to carry out the purposes of the Equal Access to Instructional  
Materials in
Higher Education Act.

SECTION 6.  PRIVATE RIGHT OF ACTION-An eligible student who contends  
that
there has been a violation of the Equal Access to Instructional  
Materials in
Higher Education Act has the right to pursue a private right of action  
in a
court of competent jurisdiction if the eligible student has exhausted  
the
administrative complaint process.  Organizations representing the  
interests
of persons who are blind or of other eligible students shall have  
standing
to assert any right afforded in the Equal Access to Instructional  
Materials
in Higher Education Act and shall be subject to the same requirements  
and
terms as an eligible student.  If the eligible student or organization
should prevail in a lawsuit, the eligible student or organization  
shall be
entitled to injunctive and monetary relief and attorney's fees and costs
incurred in the litigation.



<Model Bill Equal Access to Instructional Materials in Higher  
Education act.doc><Model Quiet Cars Legislation Final  
11-27-07.doc><NFBA AZ Quiet Car Pedestrian Talking Points  
Sheet.doc><NFBA AZ Text Book Talking Points  
Sheet.doc>_______________________________________________
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