A09958 Summary:

COSPNSRLawrence, Simon, Blake
Add 139-l, amd 163, St Fin L
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.
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A09958 Actions:

05/02/2016referred to governmental operations
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A09958 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Sepulveda
  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 recreation- al use but also in the work place. The State of New York, local govern- ments, 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 communi- ty, 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: This is a new bill.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A09958 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                       May 2, 2016
        Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
          Committee 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.
    24    (c) "state agency" shall, notwithstanding any other provision of  law,
    25  mean  any  state  department,  board, bureau, division, office, council,
    26  committee or officer of the state, or the state university of New  York,
    27  or the senior colleges of the city university of New York, or any public
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9958                             2
     1  benefit  corporation  or  commission  at  least one of whose members are
     2  appointed by the governor.
     3    §  2. Subdivision 1 of section 163 of the state finance law is amended
     4  by adding a new paragraph 1 to read as follows:
     5    l. "Information and communication technologies (ICTs)" shall have  the
     6  same  meaning  as set forth in section one hundred thirty-nine-l of this
     7  chapter.
     8    § 3. Paragraph a of subdivision 3 of section 163 of the state  finance
     9  law is amended by adding a new subparagraph (viii) to read as follows:
    10    (viii)  When  the  purchase  of commodities involves ICTs, commodities
    11  contracts shall be awarded to prospective contractors who  are  able  to
    12  meet  accessibility requirements pursuant to section one hundred thirty-
    13  nine-l of this chapter.
    14    § 4. Subdivision 4 of section 163 of the state finance law is  amended
    15  by adding a new paragraph h to read as follows:
    16    h.  When  the  purchase  of  services involves ICTs, service contracts
    17  shall be awarded to prospective contractors who are able to meet  acces-
    18  sibility  requirements  pursuant to section one hundred thirty-nine-l of
    19  this chapter.
    20    § 5. This act shall take effect on the ninetieth day  after  it  shall
    21  have  become  a law; provided, however, the provisions of this act shall
    22  be applied to all contracts to be entered into on or after the first  of
    23  April  next  succeeding  the  date on which this act shall have become a
    24  law; and provided, further, that the amendments  to  the  provisions  of
    25  section  163  of  the  state finance law made by sections two, three and
    26  four of this act shall not affect the repeal of such section  and  shall
    27  be  deemed  repealed  therewith.  Effective  immediately,  the addition,
    28  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    29  implementation  of  this  act  on  its  effective date is authorized and
    30  directed to be made and completed on or before such date.
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