S T A T E O F N E W Y O R K
________________________________________________________________________
9958
I N A S S E M B L Y
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:
Section 1. The state finance law is amended by adding a new section
139-l to read as follows:
S 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 ACCES-
SIBLE TO PEOPLE WITH DISABILITIES. THE ABILITY OF A PROSPECTIVE CONTRAC-
TOR 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 INCLUD-
ING 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, MUNICI-
PAL CORPORATION, DISTRICT CORPORATION, DISTRICT OR ANY OFFICE, DEPART-
MENT OR AGENCY, THEREOF.
(C) "STATE AGENCY" SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
MEAN ANY STATE DEPARTMENT, BOARD, BUREAU, DIVISION, OFFICE, COUNCIL,
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15083-01-6
A. 9958 2
BENEFIT CORPORATION OR COMMISSION AT LEAST ONE OF WHOSE MEMBERS ARE
APPOINTED BY THE GOVERNOR.
S 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.
S 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 THIRTY-
NINE-L OF THIS CHAPTER.
S 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 ACCES-
SIBILITY REQUIREMENTS PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE-L OF
THIS CHAPTER.
S 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.