S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5788
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA, ADDABBO, ASHBY, BROUK, GALLIVAN, HOYL-
   MAN-SIGAL, LANZA, MARTINEZ, PALUMBO, RIVERA, WEIK --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Finance
 
 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-m to read as follows:
   §  139-M. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05896-01-5
              

 S. 5788                             2
 
   (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
 BENEFIT  CORPORATION  OR  COMMISSION  AT  LEAST ONE OF WHOSE MEMBERS ARE
 APPOINTED BY THE GOVERNOR.
   § 2. Subdivision 1 of section 163 of the state finance law is  amended
 by adding a new paragraph l to read as follows:
   L.  "INFORMATION AND COMMUNICATION TECHNOLOGIES (ICTS)" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SECTION ONE HUNDRED THIRTY-NINE-M  OF  THIS
 CHAPTER.
   §  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-M OF THIS CHAPTER.
   §  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-M  OF
 THIS CHAPTER.
   §  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 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 ther-
 ewith. 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 to be made and completed on  or  before
 such date.