S T A T E O F N E W Y O R K
________________________________________________________________________
11397
I N A S S E M B L Y
June 9, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gordon) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the state technology law, in relation to establishing a
statewide technology policy to ensure greater access by persons with
disabilities to data and information of state agencies through the use
of electronic and information technology compatible with the needs of
such persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 101, 102, 103, 104, 105, 106 and 107 of the state
technology law are designated title 1 of article 1 and a new title head-
ing is added to read as follows:
GENERAL PROVISIONS
S 2. Subdivisions 4 and 5 of section 101 of the state technology law,
as added by chapter 430 of the laws of 1997 and such section as renum-
bered by chapter 437 of the laws of 2004 are amended to read as follows:
4. "State agency", EXCEPT AS OTHERWISE MORE INCLUSIVELY DEFINED IN
SUBDIVISION SEVEN OF SECTION ONE HUNDRED ELEVEN OF THIS ARTICLE, means
any department, board, bureau, commission, division, office, council,
committee or officer of the state. Such term shall not include the
legislature or judiciary.
5. "Technology" means a good, service, or good and service that
results in a digital, electronic or similar technical method of achiev-
ing a practical purpose or in improvements in productivity, including
but not limited to information management, equipment, software, operat-
ing systems, interface systems, interconnected systems, telecommuni-
cations, data management, networks, and network management, consulting,
supplies, facilities, maintenance and training. FOR THE PURPOSES OF
TITLE TWO OF THIS ARTICLE, THE TERM "TECHNOLOGY" SHALL ALSO INCLUDE
ELECTRONIC AND INFORMATION TECHNOLOGY, AS SUCH TERM IS DEFINED IN SUBDI-
VISION FOUR OF SECTION ONE HUNDRED ELEVEN OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16927-01-0
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S 3. Subdivisions 15, 16 and 17 of section 103 of the state technology
law, subdivisions 15 and 16 as added by chapter 430 of the laws of 1997,
subdivision 17 as added by chapter 4 of the laws of 1999, such section
as renumbered by chapter 437 of the laws of 2004, are amended and a new
subdivision 18 is added to read as follows:
15. To conduct selective evaluations of technology activities in state
agencies; [and]
16. To perform such acts, directly or by other means, as are necessary
or convenient to carry out the office's functions, powers and duties[.];
17. To enter into contracts with any person, firm, corporation, not-
for-profit corporation, political subdivision of the state, or govern-
mental entity[.]; AND
18. TO ESTABLISH A SEPARATE AND DISTINCT STATEWIDE TECHNOLOGY POLICY
DESIGNED TO INCREASE ACCESS BY PERSONS WITH DISABILITIES TO STATE AGENCY
RESOURCES THE CONTENT OF WHICH IS MADE AVAILABLE TO THE PERSONS WITHOUT
SUCH DISABILITIES THROUGH THE DEVELOPMENT, PROCUREMENT, MAINTENANCE AND
UTILIZATION OF ELECTRONIC AND INFORMATION TECHNOLOGY, AS DEFINED IN
TITLE TWO OF THIS ARTICLE, THAT SHALL ENSURE DISSEMINATION OF SUCH
INFORMATION TO PERSONS WITH DISABILITIES IN THE MANNER PROVIDED BY TITLE
TWO OF THIS ARTICLE.
S 4. Article 1 of the state technology law is amended by adding a new
title 2 to read as follows:
TITLE 2
ACCESS BY PERSONS WITH DISABILITIES
SECTION 110. POLICY.
111. DEFINITIONS.
112. ACCESS BY PERSONS WITH DISABILITIES TO INTERNET, INTRANET
AND OTHER ELECTRONIC INFORMATION MAINTAINED BY THE STATE.
113. BEST PRACTICE GUIDELINES; ELECTRONIC AND INFORMATION TECH-
NOLOGY.
114. COMPUTER SYSTEM PROCUREMENT, REDESIGN, ALTERATION OR
UPGRADE.
115. UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN; BUDGET REQUEST TO
RELIEVE SUCH BURDEN.
116. ANNUAL REPORTS.
S 110. POLICY. 1. THE PURPOSE OF THIS TITLE IS TO DIRECT THE OFFICE TO
ESTABLISH A SEPARATE AND DISTINCT STATEWIDE TECHNOLOGY POLICY THE OBJEC-
TIVE OF WHICH IS TO INCREASE ACCESS BY PERSONS WITH DISABILITIES TO
STATE AGENCY INFORMATION AND APPLICATION RESOURCES THE CONTENT OF WHICH
IS AVAILABLE TO PERSONS WITHOUT SUCH DISABILITIES. CONSISTENT WITH SUCH
OFFICE POLICY, STATE AGENCIES SHALL DEVELOP, PROCURE, REDESIGN, MAINTAIN
AND UTILIZE TECHNOLOGY INFRASTRUCTURE RELATING TO ELECTRONIC AND INFOR-
MATION TECHNOLOGY AND TO TELECOMMUNICATION EQUIPMENT, HARDWARE AND
DEVICES THAT IS BEST CAPABLE OF FULFILLING THE POLICY OBJECTIVES
PROVIDED FOR IN THIS TITLE. IN FURTHERANCE OF SUCH POLICY OBJECTIVES,
STATE AGENCIES SHALL ENDEAVOR TO ENSURE, TO THE EXTENT PRACTICABLE, THAT
PERSONS WITH DISABILITIES WHO ARE MEMBERS OF THE PUBLIC SEEKING INFORMA-
TION OR SERVICES FROM A STATE AGENCY, SHALL HAVE ACCESS TO AND USE OF
INFORMATION AND DATA OF THE STATE AGENCY THAT IS COMPARABLE TO THAT
PROVIDED TO THE PUBLIC WHO ARE NOT PERSONS WITH DISABILITIES, UNLESS AN
UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN WOULD BE IMPOSED UPON THE AGEN-
CY AND ACCESS TO THE TELECOMMUNICATIONS EQUIPMENT, HARDWARE AND DEVICES
USEFUL OR NECESSARY TO CARRY OUT THE PROGRAMS AND MISSION OF THE STATE
AGENCY.
2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO ABROGATE, RESCIND,
MODIFY OR IN ANY MANNER INTERFERE WITH THE APPLICATION OF "STATEWIDE
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TECHNOLOGY POLICY PO 4-002 ACCESSIBILITY OF STATE AGENCY WEB-BASED
INTRANET AND INTRANET INFORMATION AND APPLICATIONS", FORMULATED BY THE
OFFICE AND PUBLISHED AND MADE EFFECTIVE JUNE TWENTY-FIRST, TWO THOUSAND
FOUR AS REVISED THEREAFTER. THE OFFICE MAY IMPLEMENT THE POLICY OBJEC-
TIVES OF THIS TITLE BY AMENDING SUCH POLICY PO-4-002 TO THE EXTENT
NECESSARY TO COMPLY WITH THIS TITLE. THE OFFICE SHALL ADOPT, AMEND OR
RESCIND RULES AND REGULATIONS NECESSARY OR CONVENIENT IN FURTHERANCE OF
EFFECTING THE POLICY OBJECTIVES OF THIS TITLE.
3. THE OFFICE SHALL GENERALLY OVERSEE THE IMPLEMENTATION OF THE STATE-
WIDE TECHNOLOGY POLICY ESTABLISHED PURSUANT TO THIS TITLE IN ORDER TO
PROMOTE CONSISTENCY IN THE AUTOMATION OF STATE AGENCY'S HARDWARE AND
SOFTWARE INFRASTRUCTURE THAT IS BEST ABLE TO PROMOTE THE POLICY OBJEC-
TIVES OF THIS TITLE TO ASSIST PERSONS WITH DISABILITIES IN GAINING
ACCESS TO THE CONTENT OF ELECTRONIC INFORMATION AND APPLICATIONS MADE
AVAILABLE BY STATE AGENCIES TO PERSONS WITHOUT DISABILITIES.
4. UNLESS AN EXEMPTION FROM THE STATEWIDE TECHNOLOGY POLICY ESTAB-
LISHED UNDER THIS TITLE IS CLAIMED BY A STATE AGENCY DUE TO UNDUE FINAN-
CIAL OR ADMINISTRATIVE BURDEN, STATE AGENCIES SHALL ADHERE TO THE
PROVISIONS OF SUCH POLICY BY USE OF EXISTING TECHNOLOGY INFRASTRUCTURE
OR BY UPGRADING OR REPLACING SUCH EXISTING SYSTEMS BY REDESIGN OF SUCH
SYSTEMS OR BY NEW SYSTEM ACQUISITIONS, INCLUDING THE ACQUISITION OF NEW
AND ADDITIONAL TELECOMMUNICATIONS EQUIPMENT, HARDWARE AND DEVICES IN
ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE OFFICE.
5. THE OFFICE IS HEREBY AUTHORIZED TO PROMULGATE SUCH RULES OR REGU-
LATIONS AS MAY BE NECESSARY TO EFFECTUATE THE POLICY OBJECTIVES OF THIS
TITLE AND THE STATEWIDE TECHNOLOGY POLICY ESTABLISHED PURSUANT TO THIS
TITLE.
S 111. DEFINITIONS. AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "ALTERNATE FORMATS" MEANS FORMATS USABLE BY PERSONS WITH DISABILI-
TIES WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, BRAILLE, ASC11 TEXT,
LARGE PRINT, RECORDED AUDIO AND ELECTRONIC FORMATS.
2. "ALTERNATE METHODS" MEANS DIFFERENT MEANS OF PROVIDING INFORMATION,
INCLUDING PRODUCT DOCUMENTATION, TO PEOPLE WITH DISABILITIES. ALTERNATE
METHODS MAY INCLUDE, BUT ARE NOT LIMITED TO, VOICE, FACSIMILE, RELAY
SERVICE, TTY, INTERNET POSTING, CAPTIONING, TEXT-TO-SPEECH SYNTHESIS AND
AUDIO DESCRIPTION.
3. "ASSISTIVE TECHNOLOGY" MEANS ANY ITEM, PIECE OF EQUIPMENT OR
SYSTEM, WHETHER ACQUIRED COMMERCIALLY, MODIFIED OR CUSTOMIZED, THAT IS
COMMONLY USED TO INCREASE, MAINTAIN OR IMPROVE THE FUNCTIONAL CAPABILI-
TIES OF PERSONS WITH DISABILITIES.
4. "ELECTRONIC AND INFORMATION TECHNOLOGY" MEANS AND INCLUDES INFORMA-
TION TECHNOLOGY, AND ANY EQUIPMENT OR INTERCONNECTED SYSTEM OR SUBSYSTEM
OF EQUIPMENT, THAT IS DEVELOPED, REDESIGNED, PROCURED OR MAINTAINED FOR
USE BY A STATE AGENCY IN THE CREATION, CONVERSION OR DUPLICATION OF DATA
OR INFORMATION. THE TERM ELECTRONIC AND INFORMATION TECHNOLOGY INCLUDES,
BUT IS NOT LIMITED TO, TELECOMMUNICATIONS PRODUCTS, INFORMATION KIOSKS
AND TRANSACTION MACHINES, WORLD WIDE WEB INTERNET SITES, MULTIMEDIA AND
OFFICE EQUIPMENT SUCH AS COPIERS, FACSIMILE MACHINES, ALTERNATE FORMATS
AND ALTERNATE METHODS. SUCH TERM SHALL NOT INCLUDE ANY EQUIPMENT WHICH
CONTAINS EMBEDDED INFORMATION TECHNOLOGY THAT IS USED AS AN INTEGRAL
PART OF THE PRODUCT, BUT THE PRINCIPAL FUNCTION OF WHICH IS NOT THE
ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL,
DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION OR RECEPTION OF DATA OR
INFORMATION. FOR EXAMPLE, HEATING, VENTILATION, AND AIR CONDITIONING
EQUIPMENT, SUCH AS THERMOSTATS OR TEMPERATURE CONTROL DEVICES, AND
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MEDICAL EQUIPMENT WHERE INFORMATION TECHNOLOGY IS INTEGRAL TO ITS OPERA-
TION, IS NOT INFORMATION TECHNOLOGY. SUCH TERM SHALL INCLUDE ANY TELE-
COMMUNICATIONS EQUIPMENT, HARDWARE AND DEVICES NECESSARY FOR USE BY A
PERSON WITH A DISABILITY TO ACCESS INFORMATION OTHERWISE AVAILABLE TO
THE NON-DISABLED PUBLIC. THE TERM "TECHNOLOGY" SHALL BE DEEMED TO
INCLUDE ALL TASKS AND PRODUCTS ENCOMPASSED WITHIN THE TERM "SERVICES" AS
DEFINED IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY OF THE STATE
FINANCE LAW.
5. "INFORMATION TECHNOLOGY" MEANS ANY EQUIPMENT OR INTERCONNECTED
SYSTEM OR SUBSYSTEM OF EQUIPMENT, THAT IS DEVELOPED, REDESIGNED,
PROCURED OR MAINTAINED FOR USE BY A STATE AGENCY IN THE AUTOMATIC ACQUI-
SITION, STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY,
SWITCHING, INTERCHANGE, TRANSMISSION OR RECEPTION OF DATA OR INFORMA-
TION. THE TERM INFORMATION TECHNOLOGY INCLUDES TELECOMMUNICATION EQUIP-
MENT, HARDWARE AND DEVICES, COMPUTERS, ANCILLARY EQUIPMENT, SOFTWARE,
FIRMWARE AND SIMILAR PROCEDURES, SERVICES (INCLUDING SUPPORT SERVICES),
AND RELATED RESOURCES. SUCH TERM SHALL ALSO INCLUDE ANY TELECOMMUNI-
CATION EQUIPMENT, HARDWARE, DEVICE, ITEM, PIECE OF EQUIPMENT OR SYSTEM
THAT MAY SERVE AS ASSISTIVE TECHNOLOGY.
6. "UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN" MEANS SIGNIFICANT DIFFI-
CULTY OR EXPENSE WHICH IS LIKELY TO RESULT IN A FUNDAMENTAL ALTERATION
IN THE SERVICE, PROGRAM OR ACTIVITY OF THE STATE AGENCY WITH RESPECT TO
ITS ELECTRONIC INFORMATION. SUCH AN ALTERATION SHALL MEAN A MAJOR CHANGE
OR MODIFICATION OF THE CRITICAL FUNCTION OR NATURE OF THE SERVICE,
PROGRAM OR ACTIVITY. IN DETERMINING WHETHER AN ACTION WOULD RESULT IN AN
UNDUE FINANCIAL AND ADMINISTRATIVE BURDEN, AN AGENCY SHALL CONSIDER ALL
AGENCY FINANCIAL RESOURCES, AND ADMINISTRATIVE AND OTHER PERSONNEL
AVAILABLE TO THE PROGRAM OR COMPONENT FOR WHICH THE PRODUCT IS BEING
DEVELOPED, REDESIGNED, PROCURED, MAINTAINED OR USED. HOWEVER, IN DETER-
MINING THE AMOUNT OF ANY UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN, A
STATE AGENCY SHALL OFFSET ANY READILY DETERMINABLE NET SAVINGS WHICH MAY
BE REALIZED TO THE STATE IN ANY OTHER PROGRAM OR AREA OF GOVERNMENT
CONCERN OR ENTITLEMENT RESULTING FROM THE INCREASED ACCESS PROVIDED FOR
PERSONS WITH DISABILITIES AS A RESULT OF THE STATE AGENCY'S COMPLIANCE
WITH THE POLICY DIRECTIVES ESTABLISHED IN THIS TITLE. IN DETERMINING
SUCH NET SAVINGS, ANY STATE AGENCY MAY REQUEST AND SECURE SUCH DATA AND
ASSISTANCE FROM OTHER STATE AGENCIES AS IT DEEMS NECESSARY IN MAKING ITS
DETERMINATION.
7. "STATE AGENCY" MEANS ANY STATE BOARD, BUREAU, COMMITTEE, COMMIS-
SION, COUNCIL, DEPARTMENT, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION,
DIVISION, OFFICE OR ANY OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERN-
MENTAL OR PROPRIETARY FUNCTION FOR THE STATE OF NEW YORK OVER WHICH THE
GOVERNOR HAS EXECUTIVE POWER, EXCEPT THE JUDICIARY OR THE STATE LEGISLA-
TURE. A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION SHALL ONLY BE
INCLUDED WITHIN THE DEFINITION OF STATE AGENCY IF THE GOVERNOR APPOINTS
THE HEAD OF SUCH AUTHORITY OR CORPORATION. THE STATE UNIVERSITY OF NEW
YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL BE INCLUDED WITHIN THIS
DEFINITION ONLY TO THE EXTENT OF BUSINESS AND ADMINISTRATIVE FUNCTIONS
OF SUCH UNIVERSITIES COMMON TO THE STATE GOVERNMENT.
8. "PERSON WITH A DISABILITY" MEANS ANY PERSON WHO HAS (A) A PHYSICAL,
MENTAL OR MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL,
GENETIC OR NEUROLOGICAL CONDITIONS WHICH PREVENTS THE EXERCISE OF A
NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
OR LABORATORY DIAGNOSTIC TECHNIQUES, OR (B) A RECORD OF SUCH AN IMPAIR-
MENT, OR (C) A CONDITION REGARDED BY OTHERS AS SUCH AN IMPAIRMENT.
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9. "EXTERNET" MEANS AN INTRANET THAT IS AVAILABLE TO AN AUTHORIZED
USER OUTSIDE THE FORMAL BOUNDARIES OF A STATE AGENCY OR ANY OF ITS
INCLUDED ORGANIZATIONS.
10. "INTERNET" MEANS A SYSTEM OF LINKED COMPUTER NETWORKS, INTERNA-
TIONAL IN SCOPE THAT FACILITATES DATA TRANSMISSION AND EXCHANGE.
11. "INTRANET" MEANS A NETWORK BELONGING TO A STATE AGENCY OR ANY OF
ITS ORGANIZATIONAL MEMBERS, OFFICERS, EMPLOYEES OR OTHERS WITH AUTHORI-
ZATION.
12. "FUNDAMENTAL ALTERATION" MEANS A CRITICAL CHANGE OR MODIFICATION
TO A FUNCTION OR NATURE OF A PROGRAM OR SERVICE.
S 112. ACCESS BY PERSONS WITH DISABILITIES TO INTERNET, INTRANET AND
OTHER ELECTRONIC INFORMATION MAINTAINED BY THE STATE. 1. EACH STATE
AGENCY SHALL PROVIDE MEMBERS OF THE PUBLIC WHO ARE PERSONS WITH DISABIL-
ITIES WHO ARE COMMUNICATING WITH SUCH STATE AGENCY, OR SEEKING ALL WEB-
BASED INTERNET, INTRANET AND OTHER ELECTRONIC INFORMATION FROM SUCH
STATE AGENCY WITH ACCESS THERETO OR WHO MAY COMMUNICATE WITH A STATE
AGENCY BY MEANS OF TELECOMMUNICATIONS EQUIPMENT, HARDWARE OR DEVICES
AVAILABLE TO SUCH PERSON WHICH IS COMPARABLE TO SUCH ACCESS AS IS
PROVIDED TO MEMBERS OF THE PUBLIC WHO ARE NOT DISABLED, UNLESS COMPLI-
ANCE WITH THIS SECTION WOULD IMPOSE AN UNDUE FINANCIAL OR ADMINISTRATIVE
BURDEN UPON THE STATE AGENCY. SUCH ACCESS SHALL BE EFFECTED BY MEANS OF
TELECOMMUNICATIONS EQUIPMENT, HARDWARE OR DEVICES, OR ELECTRONIC AND
INFORMATION TECHNOLOGY AS SUCH EVOLVES AND IMPROVES FROM TIME TO TIME.
ANY STATE AGENCY MAKING SUCH A DETERMINATION SHALL DO SO ONLY UPON CLEAR
AND CONVINCING PROOF THAT SUCH BURDEN IS IN FACT AN UNDUE FINANCIAL OR
ADMINISTRATIVE BURDEN WHILE ALSO CONSIDERING THE NET SAVINGS TO THE
STATE AS REQUIRED IN SUBDIVISION SIX OF SECTION ONE HUNDRED ELEVEN OF
THIS TITLE.
2. EACH STATE AGENCY SHALL POST ITS CONTACT INFORMATION, INCLUDING ITS
TELEPHONE NUMBER AND ELECTRONIC MAIL ADDRESS, WITH RESPECT TO ACCESSI-
BILITY FOR PERSONS WITH DISABILITIES ON THEIR WEB SITES TO ENABLE INDI-
VIDUALS TO CONTACT THE STATE AGENCY. SUCH LINKS WILL BE POSTED AT A
MINIMUM, IN THE FOOTER OF THE STATE AGENCY'S INTERNET HOME PAGE AND BE
CLEARLY DISTINGUISHABLE FROM ANY OTHER LINK FOUND IN THAT FOOTER.
3. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO REQUIRE A
STATE AGENCY TO:
(A) MAKE TELECOMMUNICATIONS EQUIPMENT, HARDWARE OR DEVICES, OR AN
ELECTRONIC SERVICE, PROGRAM OR ACTIVITY OWNED OR IMPLEMENTED BY SUCH
AGENCY AVAILABLE FOR ACCESS AND USE BY PERSONS WITH DISABILITIES AT A
LOCATION OTHER THAN THE LOCATION WHERE INFORMATION SERVICES ARE PROVIDED
TO THE GENERAL PUBLIC; OR
(B) PROCURE, ACQUIRE, PURCHASE OR REDESIGN ANY ELECTRONIC AND INFORMA-
TION TECHNOLOGY FOR THE PURPOSE OF PROVIDING SUCH ACCESS TO PERSONS WITH
DISABILITIES AT A LOCATION OTHER THAN THE LOCATION WHERE THE STATE AGEN-
CY PROVIDES SUCH ACCESS TO THE GENERAL PUBLIC.
4. IF COMPLIANCE WITH THIS SECTION IMPOSES AN UNDUE FINANCIAL OR
ADMINISTRATIVE BURDEN UPON THE STATE AGENCY, THE STATE AGENCY SHALL NOT
BE REQUIRED TO COMPLY WITH THIS SECTION, BUT SUCH STATE AGENCY SHALL
PROVIDE PERSONS WITH DISABILITIES WITH ALTERNATIVE METHODS OF ACCESS
UNTIL SUCH TIME AS SUCH BURDEN HAS BEEN RELIEVED.
5. IN DETERMINING WHETHER COMPLIANCE WITH THIS SECTION IMPOSES AN
UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN UPON THE STATE AGENCY, SUCH
AGENCY SHALL CONSIDER ALL APPROPRIATIONS AND OTHER FINANCIAL RESOURCES
AVAILABLE TO THE AGENCY, WHICH MAY BE DEVOTED TO EFFECTUATE THE
PROVISIONS OF THIS TITLE AND THE NET SAVINGS REALIZED IN ANY OTHER STATE
PROGRAM OR AREA OF ENTITLEMENT REALIZED FROM THE IMPLEMENTATION OF SUCH
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PROVISIONS. ANY STATE AGENCY MAKING A DETERMINATION OF EXEMPTION DUE TO
UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN UNDER THIS SECTION SHALL DOCU-
MENT SUCH DETERMINATION AND MAINTAIN SUCH DOCUMENTATION USED TO SUPPORT
SUCH DETERMINATION. IN THE EVENT OF SUCH DETERMINATION, THE STATE AGENCY
SHALL IDENTIFY THE INFORMATION OR SERVICES SUBJECT TO SUCH DETERMINATION
ON THE RELEVANT INTERNET WEB PAGES AND SPECIFY THE ALTERNATIVE METHOD
FOR OBTAINING SUCH INFORMATION OR SERVICES.
6. NOTHING IN THIS SECTION SHALL ALTER A STATE AGENCY'S INDEPENDENT
AUTHORITY AND RESPONSIBILITY TO DETERMINE WHAT CONSTITUTES AN UNDUE
FINANCIAL OR ADMINISTRATIVE BURDEN.
7. THE OFFICE MAY REQUEST TO REVIEW ANY STATE AGENCY DETERMINATION OF
EXEMPTION. SUCH REVIEW MAY INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF
THE FINANCIAL, ADMINISTRATIVE AND OTHER PERSONNEL STAFF RESOURCES AVAIL-
ABLE TO THE STATE AGENCY. UPON REQUEST OF ANY RECOGNIZED PUBLIC OR
PRIVATE ENTITY, NOT-FOR-PROFIT CORPORATION OR ADVOCACY GROUP REPRESENT-
ING PERSONS WITH DISABILITIES, THE OFFICE SHALL DETERMINE IF ANY SYSTEM
CHANGE OR UPGRADE AT LEAST COMPLIES WITH THE REQUIREMENTS IMPOSED BY 36
CFR PART 1194. THE OFFICE MAY SUBMIT NOTIFICATION TO THE DIRECTOR OF THE
BUDGET THAT SUCH STATE AGENCY DETERMINATION IS WARRANTED DUE TO AN INAD-
EQUATE LEVEL OF FINANCIAL RESOURCES AND THAT AN EXEMPTION IS THEREFORE
WARRANTED AND NECESSARY; PROVIDED, HOWEVER, THAT SUCH EXEMPTION SHALL BE
SUBJECT TO STRICT SCRUTINY AND REVIEW AND SHALL NOT BE GRANTED EXCEPT
AFTER EXTENSIVE STUDY BASED ON CLEAR AND CONVINCING EVIDENCE.
S 113. BEST PRACTICE GUIDELINES; ELECTRONIC AND INFORMATION TECHNOLO-
GY. 1. THE OFFICE SHALL FORMULATE BEST PRACTICE GUIDELINES TO ASSIST
STATE AGENCIES IN COMPLYING WITH THE PROVISIONS OF THIS TITLE. SUCH
GUIDELINES SHALL PERTAIN TO:
(A) THE DEVELOPMENT, PROCUREMENT, MAINTENANCE AND USE OF ELECTRONIC
AND INFORMATION TECHNOLOGY BY STATE AGENCIES THAT ARE CAPABLE OF PROVID-
ING ACCESS TO PERSONS WITH DISABILITIES OF ELECTRONIC INFORMATION MAIN-
TAINED BY THE STATE AGENCY COMPARABLE TO THAT WHICH MAY BE ACCESSED BY
THE GENERAL PUBLIC; AND
(B) A PROCUREMENT ACCESSIBILITY POLICY WHICH THE OFFICE RECOMMENDS TO
BE FOLLOWED BY STATE AGENCIES WITH RESPECT TO THE PROCUREMENT, ACQUISI-
TION, REDESIGN, DEPLOYMENT, IMPLEMENTATION OR USE OF COMPUTER HARDWARE
AND SOFTWARE INFRASTRUCTURE.
2. IN ADOPTING SUCH BEST PRACTICE GUIDELINES UNDER THIS SECTION, THE
OFFICE SHALL:
(A) REQUIRE THAT ALL STATE AGENCIES FULLY COMPLY WITH AND CONSIDER THE
PROVISIONS OF 36 CFR PART 1194 WHICH ESTABLISHES ELECTRONIC AND INFORMA-
TION TECHNOLOGY STANDARDS FOR AGENCIES OF THE FEDERAL GOVERNMENT
DESIGNED TO ASSIST PERSONS WITH DISABILITIES;
(B) REQUIRE PROVIDERS OF ELECTRONIC AND INFORMATION TECHNOLOGY OR
TELECOMMUNICATIONS EQUIPMENT, HARDWARE AND DEVICES TO SUPPLY THE STATE
AGENCY WITH A VOLUNTARY PRODUCT ACCESSIBILITY TEMPLATE WHICH DETAILS ITS
COMPLIANCE WITH APPLICABLE FEDERAL LAW, RULES AND REGULATIONS; AND
(C) WITH RESPECT TO THE PROCUREMENT AND UTILIZATION OF NEW TELECOMMU-
NICATION EQUIPMENT, HARDWARE AND DEVICES, REQUIRE STATE AGENCIES TO
FIRST MAKE A DETERMINATION THAT THE ACQUISITION AND USE OF SUCH NEW
EQUIPMENT, HARDWARE AND DEVICES WILL IN NO EVENT NEGATIVELY AFFECT THE
THEN CURRENT LEVEL OF ACCESSIBILITY BY PERSONS WITH DISABILITIES AS
REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION AND ANY RULES, REGU-
LATIONS OR GUIDELINES ESTABLISHED BY SUCH COMMISSION.
3. IN COMPLIANCE WITH SUCH GUIDELINES, STATE AGENCIES SHALL DEVELOP,
PROCURE, MAINTAIN AND USE ELECTRONIC AND INFORMATION TECHNOLOGY CAPABLE
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OF ASSISTING PERSONS WITH DISABILITIES IN FURTHERANCE OF THE POLICY SET
FORTH IN THIS TITLE.
4. THE OFFICE SHALL ESTABLISH ADVISORY MATERIALS AND FORWARD PERIODIC
NOTIFICATIONS TO STATE AGENCIES REGARDING EMERGING ELECTRONIC AND INFOR-
MATION TECHNOLOGIES.
S 114. COMPUTER SYSTEM PROCUREMENT, REDESIGN, ALTERATION OR UPGRADE.
1. UNLESS A STATE AGENCY EXEMPTS ITSELF FROM THE APPLICATION OF THIS
TITLE BECAUSE COMPLIANCE WITH THE PROVISIONS THEREOF HAS BEEN DETERMINED
TO CONSTITUTE AN UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN, EACH STATE
AGENCY SHALL BE REQUIRED TO: (A) PROCURE AND ACQUIRE NEW COMPUTER HARD-
WARE AND/OR SOFTWARE SYSTEMS THAT ARE NECESSARY TO COMPLY WITH THE
PROVISIONS OF THIS TITLE IN THE EVENT THAT EXISTING SYSTEMS ARE INCAPA-
BLE OF SUCH COMPLIANCE; OR (B) REDESIGN, ALTER OR UPGRADE EITHER ON A
MAJOR OR MINIMAL BASIS, AS MAY BE NECESSARY, EXISTING SYSTEMS IN ORDER
TO COMPLY WITH THE PROVISIONS OF THIS TITLE.
2. THE OFFICE SHALL ESTABLISH BY RULE OR REGULATION AN IMPLEMENTATION
TIME SCHEDULE OR SCHEDULES THAT SHALL APPLY TO STATE AGENCIES FOR EITHER
THE NEW PROCUREMENT AND ACQUISITION OF NEW REQUIRED COMPUTER HARDWARE
AND/OR SOFTWARE SYSTEMS OR FOR SUCH REDESIGN, ALTERATION OR UPGRADING OF
EXISTING SYSTEMS.
3. THE SCHEDULES ESTABLISHED BY THE OFFICE SHALL BE SUFFICIENTLY FLEX-
IBLE, ON A STATE AGENCY BY STATE AGENCY BASIS IF THE OFFICE DETERMINES
SUCH DEGREE OF FLEXIBILITY TO BE ADVISABLE, SO AS TO ENABLE A STATE
AGENCY TO COMPLY THEREWITH WITHOUT CAUSING THE STATE AGENCY TO DETERMINE
A NEED FOR AN EXEMPTION DUE TO UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN.
4. THE OFFICE SHALL ALSO ESTABLISH AN ELECTRONIC INFORMATION AND
RESOURCE CONTENT SCHEDULE TO BE COMPLIED WITH BY A STATE AGENCY AFTER
EFFECTUATION BY THE STATE AGENCY OF THE OPTIONS PROVIDED TO IT UNDER
SUBDIVISION ONE OF THIS SECTION. SUCH CONTENT SCHEDULE MAY BE SIMILAR TO
THAT TYPE OF SCHEDULE AS WAS ESTABLISHED BY THE OFFICE. THE CONTENT
SCHEDULE POLICY ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL APPLY TO
ALL STATE AGENCIES.
5. IF COMPLIANCE WITH THIS SECTION IMPOSES AN UNDUE FINANCIAL OR
ADMINISTRATIVE BURDEN UPON THE STATE AGENCY, THE STATE AGENCY SHALL NOT
BE REQUIRED TO COMPLY WITH THIS SECTION, BUT SUCH STATE AGENCY MAY
PROVIDE PERSONS WITH DISABILITIES WITH ALTERNATIVE METHODS OF ACCESS.
6. IN DETERMINING WHETHER COMPLIANCE WITH THIS SECTION IMPOSES AN
UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN UPON A STATE AGENCY, SUCH AGEN-
CY SHALL CONSIDER ALL APPROPRIATIONS AND OTHER FINANCIAL RESOURCES
AVAILABLE TO THE AGENCY, WHICH MAY BE DEVOTED TO EFFECTUATE THE
PROVISIONS OF THIS TITLE. ANY STATE AGENCY MAKING A DETERMINATION OF
EXEMPTION DUE TO UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN UNDER THIS
SECTION SHALL DOCUMENT SUCH DETERMINATION AND MAINTAIN SUCH DOCUMENTA-
TION USED TO SUPPORT SUCH DETERMINATION. IN THE EVENT OF SUCH DETERMI-
NATION, THE STATE AGENCY SHALL SPECIFY THE ALTERNATIVE METHOD FOR
OBTAINING SUCH INFORMATION OR SERVICES.
7. NOTHING IN THIS SECTION SHALL ALTER A STATE AGENCY'S INDEPENDENT
AUTHORITY AND RESPONSIBILITY TO DETERMINE WHAT CONSTITUTES AN UNDUE
FINANCIAL AND ADMINISTRATIVE BURDEN.
8. THE OFFICE MAY REQUEST TO REVIEW ANY STATE AGENCY DETERMINATION OF
EXEMPTION. SUCH REVIEW MAY INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF
THE FINANCIAL AND ADMINISTRATIVE AND OTHER PERSONNEL STAFF RESOURCES
AVAILABLE TO THE STATE AGENCY. THE OFFICE MAY SUBMIT NOTIFICATION TO THE
DIRECTOR OF THE BUDGET THAT SUCH STATE AGENCY DETERMINATION IS WARRANTED
DUE TO AN INADEQUATE LEVEL OF FINANCIAL RESOURCES.
A. 11397 8
S 115. UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN; BUDGET REQUEST TO
RELIEVE SUCH BURDEN. IN THE EVENT IN ANY FISCAL YEAR A STATE AGENCY
CLAIMS AN EXEMPTION FROM THE REQUIREMENTS OF THIS TITLE BASED UPON A
DETERMINATION OF UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN, SUCH AGENCY
AS PART OF ITS ANNUAL SUBMISSION TO THE DIVISION OF BUDGET FOR ITS NEXT
SUCCEEDING FISCAL YEAR APPROPRIATION REQUEST, SHALL INCLUDE A REQUEST
FOR AN AMOUNT WHICH INCLUDES FUNDS SUFFICIENT TO ENABLE SUCH AGENCY TO
FULLY COMPLY WITH THE PROVISIONS OF THIS TITLE.
S 116. ANNUAL REPORTS. 1. ANNUALLY ON OR BEFORE APRIL FIRST, EACH
STATE AGENCY SHALL SUBMIT TO THE OFFICE A WRITTEN REPORT IN THE FORM
REQUIRED BY THE OFFICE WHICH SHALL INDICATE THAT: (A) SUCH STATE AGENCY
IS IN COMPLIANCE WITH THE PROVISIONS OF THIS TITLE; OR (B) SUCH STATE
AGENCY HAS EXEMPTED ITSELF FROM SUCH COMPLIANCE DUE TO UNDUE FINANCIAL
OR ADMINISTRATIVE BURDEN. IF A STATE AGENCY IS NOT IN COMPLIANCE WITH
THE PROVISIONS OF THIS TITLE AS OF THE DATE OF ITS REPORT BUT HAS NOT
EXEMPTED ITSELF FROM COMPLIANCE DUE TO FINANCIAL OR ADMINISTRATIVE
BURDEN, SUCH STATE AGENCY SHALL INDICATE IN ITS REPORT THAT IT HAS
UNDERTAKEN ACTION TO COMPLY WITH THIS TITLE BY THE METHOD DESCRIBED IN
SECTION ONE HUNDRED FIFTEEN OF THIS TITLE AND SHALL FURTHER INDICATE TO
THE OFFICE THE ESTIMATED TIME PERIOD NECESSARY TO COMPLETE SUCH COMPLI-
ANCE.
2. ON OR BEFORE JUNE FIRST OF THE CALENDAR YEAR NEXT SUCCEEDING THE
YEAR IN WHICH THIS SECTION TAKES EFFECT AND ANNUALLY THEREAFTER, THE
OFFICE SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY INDICATING WITH
SPECIFICITY THE ANNUAL STATUS OF STATE AGENCY COMPLIANCE BASED UPON THE
WRITTEN REPORTS SUBMITTED TO THE OFFICE BY THE STATE AGENCIES FOR THE
APPLICABLE REPORTING PERIOD PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
3. THE OFFICE MAY REQUIRE STATE AGENCIES TO INCLUDE IN THE REPORT
REQUIRED BY SUBDIVISION ONE OF THIS SECTION SUCH OTHER INFORMATION AS
WILL ENABLE THE OFFICE TO ASCERTAIN THE EFFECTIVENESS OF ENSURING MAXI-
MUM COMPLIANCE WITH THE PROVISIONS OF THIS TITLE BY STATE AGENCIES.
S 5. This act shall take effect immediately.