S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2439
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. SEPULVEDA, LAWRENCE, SIMON, BLAKE -- Multi-Spon-
   sored by -- M.  of A. HUNTER -- read once and referred to the  Commit-
   tee 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:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08065-01-7
              

 A. 2439                             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 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.
   §  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.
   §  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.
   §  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.