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HOUSE BILL 120
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Tara L. Lujan and Kathleen Cates
AN ACT
RELATING TO DISABILITIES; ENACTING THE ACCESSIBILITY ACT TO
REQUIRE EACH STATE AGENCY'S WEBSITE, MOBILE APPLICATION AND
PHYSICAL FACILITIES TO COMPLY WITH DIGITAL AND PHYSICAL
ACCESSIBILITY STANDARDS; CREATING THE OFFICE OF ACCESSIBILITY
TO IMPLEMENT AND ADMINISTER THE ACCESSIBILITY ACT; CREATING
REPORTING REQUIREMENTS FOR THE OFFICE OF ACCESSIBILITY;
CREATING A PRIVATE RIGHT OF ACTION; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Accessibility Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Accessibility Act:
A. "commission" means the governor's commission on
disability;
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B. "digital accessibility standards" means the
requirements set by the web content accessibility guidelines
2.1 level AA, or any successor standards, for web and mobile
accessibility adopted by the United States department of
justice pursuant to the provisions of the federal Americans
with Disabilities Act of 1990, as amended;
C. "director" means the director of the office of
accessibility;
D. "disability" means a physical or mental
impairment that substantially limits one or more of a person's
major life activities. A person is also considered to have a
disability if the person has a record of a disability or is
regarded as having a physical or mental disability;
E. "office" means the office of accessibility;
F. "physical accessibility standards" means the
standards for accessible design adopted by the United States
department of justice pursuant to the provisions of the federal
Americans with Disabilities Act of 1990, as amended, including
requirements for public buildings, pathways, accommodations and
facilities; and
G. "state agency" means a department, institution,
board, bureau, commission, district or committee of government
of the state.
SECTION 3. [NEW MATERIAL] STATE AGENCY ACCESSIBILITY
REQUIREMENTS.--
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A. By April 1, 2026, each state agency website and
mobile application shall comply with the digital accessibility
standards.
B. After April 1, 2026, each state agency shall
conspicuously post a website accessibility statement, or a link
to a website accessibility statement, on the front page of the
state agency's website. The statement shall include:
(1) a written acknowledgment of the state
agency's commitment to accessibility for people with
disabilities;
(2) contact information that website visitors
can use to alert the state agency of accessibility issues on
the website;
(3) known accessibility limitations on the
website;
(4) measures taken by the state agency to
ensure accessibility;
(5) supported web browsers; and
(6) any other accessibility information that
the state agency determines to be noteworthy.
C. Each state agency shall comply with the physical
accessibility standards.
SECTION 4. [NEW MATERIAL] OFFICE OF ACCESSIBILITY--
CREATED.--
A. The "office of accessibility" is created within
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the commission.
B. The commission shall appoint a director who
shall oversee the office and supervise its staff. The director
may contract for services to assist the office in conducting
the duties of the office and may use the services of
volunteers.
C. The director shall:
(1) enforce the digital and physical
accessibility standards upon each state agency by working with
and providing technical assistance to state agencies to ensure
that each state agency website, mobile application and physical
facility is in compliance with the digital and physical
accessibility standards;
(2) create a standard form or process that
each state agency can use to determine whether the state
agency's website, mobile application and physical facilities
are in compliance with the digital and physical accessibility
standards;
(3) provide information and training to state
agencies and employees on the digital and physical
accessibility standards, including procurement procedures for
information technology, equipment and physical facilities and
best practices for implementing and maintaining websites in
compliance with the digital accessibility standards;
(4) assist state agencies in developing
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website accessibility statements and plans to achieve physical
accessibility;
(5) support state agencies in the evaluation
of physical accessibility barriers; and
(6) promulgate rules necessary to implement
and administer the Accessibility Act.
SECTION 5. [NEW MATERIAL] REPORTING REQUIREMENTS.--
A. By April 1, 2026, and every two years
thereafter, the office shall submit a written report to the
governor that documents the compliance of websites, mobile
applications and physical facilities operated by state
agencies. The report shall include:
(1) assessments on each state agency website's
and mobile application's compliance with the digital
accessibility standards;
(2) evaluations of the procedures that each
state agency has followed when procuring information technology
services and equipment;
(3) when necessary, recommendations for ways
to improve the digital accessibility of each state agency
website and mobile application;
(4) the actions taken to make physical
facilities more physically accessible;
(5) the progress of addressing barriers to
digital and physical accessibility; and
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(6) planned corrective action measures.
B. The report shall be made available to the public
on the websites of the legislature, the commission, the New
Mexico technology assistance program and the department of
information technology.
SECTION 6. [NEW MATERIAL] PRIVATE RIGHT OF ACTION
CREATED.--
A. An individual with a disability who is unable to
access the digital content, services or platforms or physical
facilities of a state agency due to noncompliance with the
digital or physical accessibility standards pursuant to the
provisions of the Accessibility Act shall have the right to
file a civil action in a court of competent jurisdiction. The
individual may seek injunctive relief, compelling the state
agency to bring the state agency's website, mobile application
or physical facilities into compliance with the digital or
physical accessibility standards.
B. The court may award the prevailing party
reasonable attorney fees and court costs.
SECTION 7. APPROPRIATION.--Two hundred thousand dollars
($200,000) is appropriated from the general fund to the
governor's commission on disability for expenditure in fiscal
year 2026 to operate the office of accessibility. Any
unexpended or unencumbered balance remaining at the end of
fiscal year 2026 shall revert to the general fund.
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