S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5087
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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-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.
   (C) "STATE AGENCY" SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,
 MEAN  ANY  STATE  DEPARTMENT,  BOARD, BUREAU, DIVISION, OFFICE, COUNCIL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08065-01-7

 S. 5087                             2
 
 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.