|SAME AS||No Same As|
|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.|
|05/02/2016||referred to governmental operations|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9958 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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STATE OF NEW YORK ________________________________________________________________________ 9958 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. LBD15083-01-6A. 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.