What's happening
This bill requires state and local government contracts for information and communication technologies to meet accessibility standards for people with disabilities.
Why it matters
Ensures equal digital access. By mandating that government-purchased information and communication technologies (ICTs) are accessible to people with disabilities, the bill seeks to close gaps that can leave disabled New Yorkers unable to use government services, websites, or digital tools.
Influences vendor practices and market standards. The requirement that only vendors meeting accessibility standards are eligible for state and local ICT contracts creates a strong incentive for private companies to design more inclusive digital products, potentially raising accessibility standards industry-wide.
Broad scope and consistent definitions. The bill applies to almost all types of ICTs (from software to hardware to online services) and includes a wide range of public agencies and authorities, ensuring that accessibility is a consistent expectation across state and local government operations.
Integrates accessibility into procurement decisions. By making accessibility a criterion in competitive bidding and requests for proposals, the bill embeds disability inclusion directly into the procurement process, rather than treating it as an afterthought or an optional feature.
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Who cares
People with disabilities
The bill would require information and communication technologies purchased through covered government contracts to be accessible to them.
State agencies, public authorities and municipalities
They would have to include accessibility requirements in competitive bids, requests for proposals and resulting technology contracts, and consider bidders’ ability to meet those requirements.
Technology vendors and service providers
Their ability to meet accessibility requirements would affect eligibility for state commodity and service contracts involving information and communication technologies.
SUNY and CUNY senior colleges
They are included in the bill’s definition of state agency and would face the accessibility requirements for covered technology procurements.
Headline styles
Require Accessible Tech in Contracts
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Accessible Tech in Contracts
In Assembly Committee · Governmental Operations · Sponsor J. Gary Pretlow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4323
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sen. SEPULVEDA -- 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-m to read as follows:
§ 139-m. 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.
LBD10498-01-9
S. 4323 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 l to read as follows:
l. "Information and communication technologies (ICTs)" shall have the same meaning as set forth in section one hundred thirty-nine-m 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-m 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-m 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 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 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 to provide services involving information and communication technologies (ICT). Whenever new technologies are implemented throughout the State or any of its agen- cies, Federal and state law requires that those technologies be accessi- ble to all.
Currently, requests for proposals have no requirement that the final product by the respondent to the proposal consider the disabled communi- ty, specifically the blind. Unless explicit and robust accessibility requirements are built into the language of a request for proposals and subsequent contract, accessibility of the resulting ICT cannot be assured. This bill requires that any request for proposal dealing with technology must consider the needs of the blind and the disabled.
Prior legislative history
New bill in Assembly 2016. Senate bill 5087 in 2017, referred to finance.
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.