HOUSE BILL 36

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Kathleen Cates

 

 

 

 

 

AN ACT

RELATING TO DISABILITIES; ENACTING THE ACCESSIBILITY ACT TO IMPROVE THE ACCESSIBILITY OF STATE AGENCIES; CREATING THE OFFICE OF ACCESSIBILITY TO IMPLEMENT AND ADMINISTER THE ACCESSIBILITY ACT; CREATING REPORTING REQUIREMENTS FOR THE OFFICE OF ACCESSIBILITY; 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. "accessible" or "accessibility" means enabling a person with disabilities to participate fully and equally in a facility, a product, a service, a website or an environment through the removal of physical, sensory and cognitive barriers;

          B. "department" means the department of health;

          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 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; and

          E. "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. [NEW MATERIAL] OFFICE OF ACCESSIBILITY--CREATED.--

          A. The "office of accessibility" is created within the department.

          B. The secretary of health shall appoint a chief accessibility officer who shall oversee the office and supervise its staff.

          C. 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.

          D. The chief accessibility officer shall:

                (1) create a standard form or process that each state agency can use to identify challenges to accessibility in the state agency's website, mobile application and physical facilities;

                (2) provide information and training to state agencies and state agency employees on best practices for digital and physical accessibility, including procurement procedures for information technology, equipment and physical facilities and the implementation and maintenance of accessible websites;

                (3) assist state agencies in developing website accessibility statements and plans to achieve physical accessibility;

                (4) support state agencies in the evaluation of physical accessibility barriers; and

                (5) promulgate rules necessary to implement and administer the Accessibility Act.

     SECTION 4. [NEW MATERIAL] REPORTING REQUIREMENTS.--

          A. By May 1, 2028, and every May 1 thereafter, the office shall submit a written report to the governor, the interim legislative health and human services committee and the general services department that documents the accessibility of websites, mobile applications and physical facilities operated by state agencies. The report shall include:

                (1) assessments of the accessibility of each state agency's facilities, websites and mobile applications;

                (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 accessibility of each state agency facility, website and mobile application;

                (4) the actions taken to make facilities, websites and mobile applications more accessible;

                (5) the progress of addressing barriers to accessibility; and

                (6) planned corrective action measures.

          B. The report shall be made available to the public on the websites of the legislature, the governor's commission on disability, the department, 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 accessibility of the agency's facilities, websites and mobile applications at least one hundred twenty days before the office is required to submit the report. The analysis provided by each state agency 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 5. APPROPRIATION.--Three hundred fifty thousand dollars ($350,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2026 and 2027 to implement and administer the Accessibility Act. Any unexpended balance remaining at the end of fiscal year 2027 shall revert to the general fund.

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