S T A T E O F N E W Y O R K
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10086
I N A S S E M B L Y
April 29, 2022
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Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state technology law, in relation to requiring state
agencies and entities to ensure their websites are accessible to
persons with disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state technology law is amended by adding a new section
103-b to read as follows:
§ 103-B. WEBSITE ACCESSIBILITY. 1. THE OFFICE SHALL ADOPT A PROTOCOL
FOR WEBSITES MAINTAINED BY OR ON BEHALF OF A STATE AGENCY OR STATE ENTI-
TY RELATING TO WEBSITE ACCESSIBILITY FOR PERSONS WITH DISABILITIES. SUCH
PROTOCOL SHALL PROVIDE FOR AGENCY WEBSITES TO ADOPT EITHER OF THE
FOLLOWING STANDARDS: (A) SECTION 1194.22 OF TITLE THIRTY-SIX OF THE CODE
OF FEDERAL REGULATIONS OR (B) THE WEB CONTENT ACCESSIBILITY GUIDELINES
2.1 LEVEL AA, DEVELOPED BY THE WORLDWIDE WEB CONSORTIUM, OR ANY SUCCES-
SOR STANDARDS. THE ADOPTED PROTOCOL REQUIRED BY THIS SECTION MAY DIFFER
FROM SUCH STANDARDS IN SPECIFIC INSTANCES WHEN THE OFFICE'S DESIGNEE
DETERMINES, AFTER CONSULTING WITH EXPERTS IN WEBSITE DESIGN AND REASON-
ABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES AND THE HOLDING OF A
PUBLIC HEARING, THAT SUCH DIFFERENCES WILL PROVIDE EFFECTIVE COMMUNI-
CATION FOR PEOPLE WITH DISABILITIES, AND THAT SUCH DIFFERENCES ARE DOCU-
MENTED IN SUCH PROTOCOL. SUCH PROTOCOL SHALL BE MADE AVAILABLE TO THE
PUBLIC ONLINE. THIS SECTION SHALL NOT REQUIRE AN AGENCY TO TAKE ANY
ACTION THAT WOULD RESULT IN A FUNDAMENTAL ALTERATION IN THE NATURE OF A
SERVICE, PROGRAM, OR ACTIVITY.
2. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, AND
EVERY TWO YEARS THEREAFTER, THE OFFICE DESIGNEE SHALL SUBMIT TO THE
GOVERNOR AND THE LEGISLATURE A WRITTEN REPORT THAT DOCUMENTS THE COMPLI-
ANCE OF WEBSITES MAINTAINED BY OR ON BEHALF OF STATE AGENCIES OR STATE
ENTITIES WITH THE PROTOCOL ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.