ACCESSIBILITY ACT & OFFICE

HB0036

HOUSE BILL 36

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

INTRODUCED BY

Kathleen Cates
and
Elizabeth "Liz" Thomson

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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