S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4323
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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.
   (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.
              

                                                            LBD10498-01-9

 S. 4323                             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 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 and directed to be made and completed
 on or before such date.