Ren §103-b to be §103-d, amd §§103-d & 103, St Tech L (as proposed in S.3114-A & A.266-A)
Requires state agencies to conform any of their websites to the most current version of the Web Content Accessibility Guidelines adopted by the World Wide Web Consortium for accessibility; requires the office of information technology services to provide training on such guidelines.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8546
SPONSOR: Burdick TITLE OF BILL:
An act to amend the state technology law, in relation to requiring state
agencies to conform any of their websites to the most current version of
the Web Content Accessibility Guidelines adopted by the World Wide Web
Consortium for accessibility
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would make technical changes to Chapter 734 of the Laws
of 2023 in order to effectuate the intent of the law.
SUMMARY OF PROVISIONS:
Section one of the bill would amend section 103-b of the State Technolo-
gy Law by specifying the accessibility standards state agencies must
meet in maintaining accessible websites, clarifying that the requirement
only applies to changes to form of function after the effective date of
such websites, and requiring that every agency must comply to only to
the extent practicable--however any agency failing to fully comply must
post publicly on its websites progress reports on efforts to comply with
the accessibility requirements.
Section two would amend subdivision 20 to the State Technology Law,
authorizing the Office of Information and Technology Services to issue
guidance and training for state agencies with regards to compliance with
the Web Content Accessibility Guidelines.
Section three would establish the effective date.
JUSTIFICATION:
Individuals with and without disabilities rely on the state to provide
clear and accessible information. The State currently adopts a protocol
as authorized generally by Executive Order 117 of 2002 and section 103
of the State Technology Law. Both the Executive Order and
Section 103 generally authorize the Office to adopt statewide policies
as necessary, by a Chief information Officer, without explicit reference
or a statutory requirement for accessibility. This adoption of policy by
the State is a critical necessity for many New Yorkers with a disability
who would not be able to access information and state resources without
such protocols.
Chapter 734 of the Laws of 2023 requires state agencies to make their
websites meet accessibility standards. This legislation would make clar-
ifications to ease implementation for the state and specify specific
accessibility standards.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the state technology law relating
to requiring state agencies to conform any of their websites to the most
current version of the Web Content Accessibility Guidelines adopted by
the World Wide Web Consortium for accessibility, as proposed in legisla-
tive bills numbers S. 3114-A and A. 266-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8546
IN ASSEMBLY
January 8, 2024
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state technology law, in relation to requiring state
agencies to conform any of their websites to the most current version
of the Web Content Accessibility Guidelines adopted by the World Wide
Web Consortium for accessibility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 103-b of the state technology law, as added by a
2 chapter of the laws of 2023 amending the state technology law relating
3 to requiring state agencies to conform any of their websites to the most
4 current version of the Web Content Accessibility Guidelines adopted by
5 the World Wide Web Consortium for accessibility, as proposed in legisla-
6 tive bills numbers S. 3114-A and A. 266-A, is renumbered section 103-d
7 and amended to read as follows:
8 § 103-d. Website accessibility; state agencies. [1.] Each state agency
9 shall [be required], to the extent practicable, conform any of their
10 websites, created or modified with changes to form or function after the
11 effective date of this section, by January first, two thousand twenty-
12 seven, to the most current version of the Web Content Accessibility
13 Guidelines, specifically level AA, adopted by the World Wide Web Consor-
14 tium for accessibility, or any successor standards. A state agency that
15 cannot comply with the requirements of this section shall, by January
16 first, two thousand twenty-seven, post publicly on its website a written
17 progress report that describes with specificity the steps the agency has
18 taken to comply with this section, the impediments that prevented
19 compliance, the efforts undertaken by the agency to come into compli-
20 ance, and an estimated time frame for compliance. The written report
21 shall be updated annually from the date of the original posting. This
22 section shall not require an agency to take any action that would result
23 in a fundamental alteration in the nature of a service, program, or
24 activity.
25 [2. No later than December thirty-first, two thousand twenty-three,
26 and every two years thereafter, the office designee shall submit to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01135-04-4
A. 8546 2
1 governor and the legislature a written report that documents the compli-
2 ance of websites maintained by or on behalf of state agencies or state
3 entities with the protocol adopted pursuant to subdivision one of this
4 section.] For purposes of this section, "changes to form or function"
5 shall mean modifications to the visual presentation, informational
6 organization, website infrastructure, or user utility of the website,
7 including but not limited to: 1. redesigns of site layout, color
8 schemes, graphics, branding elements, or other aesthetic components; and
9 2. integration of dynamic interfaces. Nothing in this section shall be
10 construed to be inconsistent with any current or future applicable
11 federal laws or regulations.
12 § 2. Subdivision 20 of section 103 of the state technology law, as
13 added by a chapter of the laws of 2023 amending the state technology law
14 relating to requiring state agencies to conform any of their websites to
15 the most current version of the Web Content Accessibility Guidelines
16 adopted by the World Wide Web Consortium for accessibility, as proposed
17 in legislative bills numbers S. 3114-A and A. 266-A, is amended to read
18 as follows:
19 20. To issue guidance and training for state agencies in their compli-
20 ance with the Web Content Accessibility Guidelines required pursuant to
21 section one hundred [three-b] three-d of the state technology law.
22 § 3. This act shall take effect on the same date and in the same
23 manner as a chapter of the laws of 2023 amending the state technology
24 law relating to requiring state agencies to conform any of their
25 websites to the most current version of the Web Content Accessibility
26 Guidelines adopted by the World Wide Web Consortium for accessibility,
27 as proposed in legislative bills numbers S. 3114-A and A. 266-A, takes
28 effect.
