Bill Text: NY A02439 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to accessibility requirements in certain procurement contracts; requires contracts that include information and communication technologies (ICTs) are accessible to people with disabilities; requires that the ability of a prospective contractor to meet such requirement be considered in making the contract award.

Sponsorship: Moderate Partisan Bill (Democrat 17-4)

Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A02439 Detail]

Download: New_York-2017-A02439-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2439
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced  by M. of A. SEPULVEDA, LAWRENCE, SIMON, BLAKE -- Multi-Spon-
          sored by -- M.  of A. HUNTER -- read once and referred to the  Commit-
          tee on Governmental Operations
        AN  ACT  to  amend  the  state finance law, in relation to accessibility
          requirements in certain procurement contracts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  state finance law is amended by adding a new section
     2  139-l to read as follows:
     3    § 139-l. Accessibility requirements in certain procurement  contracts.
     4  1.  Notwithstanding  any other provision of law to the contrary, where a
     5  contract that includes information and communication technologies (ICTs)
     6  is to be awarded by a state agency,  public  authority  or  municipality
     7  pursuant  to  a  competitive  bidding  process or a request for proposal
     8  process, such competitive bidding process or request  for  proposal  and
     9  the  subsequent awarded contract shall require that such ICTs are acces-
    10  sible to people with disabilities. The ability of a prospective contrac-
    11  tor to meet such an accessibility requirement  shall  be  considered  in
    12  making the contract award.
    13    2.  For  the  purposes of this section, the following terms shall have
    14  the following definitions:
    15    (a) "information and communication technologies (ICTs)" includes,  but
    16  shall not be limited to, any communication device or application includ-
    17  ing  radio,  television,  cellular phones, computer and network hardware
    18  and software, and satellite systems as well as the various services  and
    19  applications   associated  with  them,  such  as  videoconferencing  and
    20  distance learning.
    21    (b) "municipality" shall mean any city, town, village, county, munici-
    22  pal corporation, district corporation, district or any  office,  depart-
    23  ment or agency, thereof.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08065-01-7
        A. 2439                             2
     1    (c)  "state agency" shall, notwithstanding any other provision of law,
     2  mean any state department, board,  bureau,  division,  office,  council,
     3  committee  or officer of the state, or the state university of New York,
     4  or the senior colleges of the city university of New York, or any public
     5  benefit  corporation  or  commission  at  least one of whose members are
     6  appointed by the governor.
     7    § 2. Subdivision 1 of section 163 of the state finance law is  amended
     8  by adding a new paragraph 1 to read as follows:
     9    l.  "Information and communication technologies (ICTs)" shall have the
    10  same meaning as set forth in section one hundred thirty-nine-l  of  this
    11  chapter.
    12    §  3. Paragraph a of subdivision 3 of section 163 of the state finance
    13  law is amended by adding a new subparagraph (viii) to read as follows:
    14    (viii) When the purchase of  commodities  involves  ICTs,  commodities
    15  contracts  shall  be  awarded to prospective contractors who are able to
    16  meet accessibility requirements pursuant to section one hundred  thirty-
    17  nine-l of this chapter.
    18    §  4. Subdivision 4 of section 163 of the state finance law is amended
    19  by adding a new paragraph h to read as follows:
    20    h. When the purchase of  services  involves  ICTs,  service  contracts
    21  shall  be awarded to prospective contractors who are able to meet acces-
    22  sibility requirements pursuant to section one hundred  thirty-nine-l  of
    23  this chapter.
    24    §  5.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law; provided, however, the provisions of this  act  shall
    26  be  applied to all contracts to be entered into on or after the first of
    27  April next succeeding the date on which this act  shall  have  become  a
    28  law;  and  provided,  further,  that the amendments to the provisions of
    29  section 163 of the state finance law made by  sections  two,  three  and
    30  four  of  this act shall not affect the repeal of such section and shall
    31  be deemed  repealed  therewith.  Effective  immediately,  the  addition,
    32  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    33  implementation of this act on  its  effective  date  is  authorized  and
    34  directed to be made and completed on or before such date.