NY State Senate Bill 2023-S6279

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Apr 11, 2023	referred to finance

co-Sponsors

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2023-S6279 (ACTIVE) - Details

See Assembly Version of this Bill:: A3425
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-m, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9958
2017-2018: S5087, A2439
2019-2020: S4323, A6513
2021-2022: S2882, A3417

2023-S6279 (ACTIVE) - Summary

Relates to accessibility requirements in certain procurement contracts; requires contracts that include information and communication technologies (ICTs) are accessible to people with disabilities; requires that the ability of a prospective contractor to meet such requirement be considered in making the contract award.

2023-S6279 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6279

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the state finance law, in relation to accessibility
requirements in certain procurement contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure that accessibility for the disabled is considered
during procurement process of information technology in our state.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the state finance law by adding a new section 139-M to
provide that accessibility will be a part of the competitive bidding
process for procurement contract awards.

Section 2: Amends subdivision 1 of section 163 of the state finance law
by adding a new paragraph 1 clarifying the definition of information and
communication technologies (ICT).

Section 3: Adds a new subparagraph (VIII)to subdivision 3 of section 163
to provide for accessibility in the awarding of contracts.

Section 4: Adds a new paragraph to subdivision h of section 163 to
provide for accessibility in the awarding of contracts.

Section 5: Provides for an effective date.

 
JUSTIFICATION:

Every day more technology is being incorporated into our daily lives.
This technology is not just limited to recreational use but also in the
work place. The State of New York, local governments, and their agencies
contract with private entities on a regular basis to provide services
involving information and communication technologies (ICT).  Whenever
new technologies are implemented throughout the State or any of its
agencies, Federal and state law requires that those technologies be
accessible to all.

Currently, requests for proposals have no requirement that the final
product by the respondent to the proposal consider the disabled communi-
ty, specifically the blind. Unless explicit and robust accessibility
requirements are built into the language of a request for proposals and
subsequent contract, accessibility of the resulting ICT cannot be
assured. This bill requires that any request for proposal dealing with
technology must consider the needs of the blind and the disabled.

 
PRIOR LEGISLATIVE HISTORY:

S. 2282 of 2021-22: Referred to Finance;

S. 4323 of 2019-20: Referred to Finance;

S. 5087 of 2017-18: Referred to Finance

 
FISCAL IMPLICATIONS:
None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become a
law.

2023-S6279 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6279
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2023
                                ___________
 
 Introduced by Sens. SEPULVEDA, GALLIVAN, HOYLMAN-SIGAL, LANZA, RIVERA --
   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.
                                                            LBD07839-01-3
 S. 6279                             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.

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Senate Bill S6279

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S6279 (ACTIVE) - Details

2023-S6279 (ACTIVE) - Summary

2023-S6279 (ACTIVE) - Sponsor Memo

2023-S6279 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6279

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S6279 (ACTIVE) - Details

2023-S6279 (ACTIVE) - Summary

2023-S6279 (ACTIVE) - Sponsor Memo

2023-S6279 (ACTIVE) - Bill Text download pdf

Comments