HJC/HB 120
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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; REQUIRING THE DEPARTMENT OF
INFORMATION TECHNOLOGY TO ADOPT DIGITAL ACCESSIBILITY
STANDARDS; CREATING THE OFFICE OF ACCESSIBILITY TO IMPLEMENT
AND ADMINISTER THE ACCESSIBILITY ACT; CREATING REPORTING
REQUIREMENTS FOR THE OFFICE OF ACCESSIBILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be cited as the
"Accessibility Act".
SECTION 2. DEFINITIONS.--As used in the Accessibility
Act:
A. "commission" means the governor's commission on
disability;
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 department of information
technology;
C. "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 HJC/HB 120
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
to have a disability if the person has a record of a
disability or is regarded as having a physical or mental
disability;
D. "office" means the office of accessibility;
E. "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
F. "state agency" means a department, an
institution, a board, a bureau, a commission, a district or a
committee of government of the state.
SECTION 3. STATE AGENCY ACCESSIBILITY REQUIREMENTS.--
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 HJC/HB 120
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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. The department of information technology shall
promulgate rules to establish, adopt and update the digital
accessibility standards.
D. Each state agency shall comply with the
physical accessibility standards to ensure that each service,
program or activity conducted by the agency, when viewed in
its entirety, is readily accessible to, and usable by, people
with disabilities.
E. A state agency shall not be required to take
any action if the agency can demonstrate that the action
would result in:
(1) a fundamental alteration in the nature
of the services, programs or activities conducted by the
agency; or
(2) an undue financial or administrative
burden. HJC/HB 120
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SECTION 4. OFFICE OF ACCESSIBILITY--CREATED.--
A. The "office of accessibility" is created within
the commission.
B. The commission shall appoint a chief
accessibility officer who shall oversee the office and
supervise its staff. The chief accessibility officer may
contract for services to assist the office in conducting the
duties of the office and may use the services of volunteers.
C. The chief accessibility officer shall:
(1) facilitate compliance with digital and
physical accessibility standards for 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 HJC/HB 120
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
compliance with the digital accessibility standards;
(4) assist state agencies in developing
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. REPORTING REQUIREMENTS.--
A. By July 1, 2027, and every two years
thereafter, the office shall submit a written report to the
governor, the interim legislative health and human services
committee and the legislative finance committee 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; HJC/HB 120
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(4) the actions taken to make physical
facilities more physically accessible;
(5) the progress of addressing barriers to
digital and physical accessibility; and
(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.
C. To assist the office in developing the report
required by this section, each state agency shall submit to
the office an analysis of the agency's compliance with
digital and physical accessibility standards at least one
hundred twenty days before the office is required to submit
the report. The analysis provided by state agencies shall:
(1) document the agency's efforts to ensure
accessible programs, services, facilities and communication;
(2) identify barriers to accessibility at
the agency;
(3) describe planned and completed
accessibility initiatives; and
(4) identify resources needed for future
accessibility initiatives.
SECTION 6. EFFECTIVE DATE.--
A. The effective date of the provisions of HJC/HB 120
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Sections 1 through 3 and 5 of this act is July 1, 2025.
B. The effective date of the provisions of Section
4 of this act is July 1, 2026.