What's happening
This bill requires that state and local government contracts for information and communication technologies ensure accessibility for people with disabilities.
Why it matters
Expands the definition of "information and communication technologies (ICTs)". to include a wide range of devices and services (like computers, phones, videoconferencing, software, and distance learning), meaning that accessibility requirements will apply to nearly all modern technology used by governments.
Makes accessibility a deciding factor in contract awards. by requiring agencies to consider whether vendors can meet disability access requirements before awarding contracts, potentially increasing opportunities for businesses specializing in accessible technologies and increasing market pressure for all vendors to prioritize accessibility.
Applies to a broad range of government entities. , including state agencies, public authorities, municipalities, and higher education institutions (like SUNY and CUNY), ensuring that accessibility standards are consistent across most public-sector tech procurements.
Sets a clear timeline and regulatory mandate. , ensuring that these accessibility requirements will be in effect for new contracts after a specified date and authorizing immediate rulemaking, thereby accelerating the adoption of accessible technology in government operations.
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Who cares
Headline styles
Require Accessible Tech in Contracts
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to finance
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5087
2017-2018 Regular Sessions
IN SENATE
March 7, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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 Assembly, do enact as follows:
Section 1. The state finance law is amended by adding a new section 139-l to read as follows:
§ 139-l. Accessibility requirements in certain procurement contracts. 1. Notwithstanding any other provision of law to the contrary, where a contract that includes information and communication technologies (ICTs) is to be awarded by a state agency, public authority or municipality pursuant to a competitive bidding process or a request for proposal process, such competitive bidding process or request for proposal and the subsequent awarded contract shall require that such ICTs are accessible to people with disabilities. The ability of a prospective contractor to meet such an accessibility requirement shall be considered in making the contract award.
2. For the purposes of this section, the following terms shall have the following definitions:
(a) "information and communication technologies (ICTs)" includes, but shall not be limited to, any communication device or application including radio, television, cellular phones, computer and network hardware and software, and satellite systems as well as the various services and applications associated with them, such as videoconferencing and distance learning.
(b) "municipality" shall mean any city, town, village, county, municipal corporation, district corporation, district or any office, department or agency, thereof.
(c) "state agency" shall, notwithstanding any other provision of law, mean any state department, board, bureau, division, office, council,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08065-01-7
S. 5087 2
committee or officer of the state, or the state university of New York, or the senior colleges of the city university of New York, or any public benefit corporation or commission at least one of whose members are appointed by the governor.
§ 2. Subdivision 1 of section 163 of the state finance law is amended by adding a new paragraph 1 to read as follows:
l. "Information and communication technologies (ICTs)" shall have the same meaning as set forth in section one hundred thirty-nine-l of this chapter.
§ 3. Paragraph a of subdivision 3 of section 163 of the state finance law is amended by adding a new subparagraph (viii) to read as follows:
(viii) When the purchase of commodities involves ICTs, commodities contracts shall be awarded to prospective contractors who are able to meet accessibility requirements pursuant to section one hundred thirtynine-l of this chapter.
§ 4. Subdivision 4 of section 163 of the state finance law is amended by adding a new paragraph h to read as follows:
h. When the purchase of services involves ICTs, service contracts shall be awarded to prospective contractors who are able to meet accessibility requirements pursuant to section one hundred thirty-nine-l of this chapter.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, the provisions of this act shall be applied to all contracts to be entered into on or after the first of April next succeeding the date on which this act shall have become a law; and provided, further, that the amendments to the provisions of section 163 of the state finance law made by sections two, three and four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the state finance law, in relation to accessibility requirements in certain procurement contracts
Purpose or general idea of bill
This bill would ensure that accessibility for the disabled is considered during procurement process of information technology in our state.
Summary of specific provisions
*Accessibility will be a part of the competitive bidding process for procurement contract awards
Justification
Every day it seems as if more and more technology is being incorporated into our daily lives. This technology is not just limited to recreational use but also in the work place. The State of New York, local governments, and their agencies contract with private entities on a regular basis, and these contracts often involve information and communication technologies (ICT). Whenever new technologies are implemented through the State or any of its agencies, Federal and state law requires that those technologies be usable by all.
Currently, requests for proposals have no requirement that the final product by the respondent to the proposal consider the disabled community, specifically the blind. Unless explicit and robust accessibility requirements are built into the language of a request for proposals (RFP) and subsequent contract, accessibility of the resulting ICT cannot be assured. This is requiring that any request of proposal dealing with technology should consider the needs of the blind and the disable.
Prior legislative history
2015-16: A. 9958
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.