Bill Text: NY A01024 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits discrimination in government procurement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A01024 Detail]

Download: New_York-2023-A01024-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1024

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to prohibiting  discrimi-
          nation in government procurement

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section  290  of  the  executive  law,  as
     2  amended  by  chapter  173  of  the  laws  of 1974, is amended to read as
     3  follows:
     4    3. The legislature hereby finds and declares that the  state  has  the
     5  responsibility  to act to assure that every individual within this state
     6  is afforded an equal opportunity to enjoy a full and productive life and
     7  that the failure to provide such equal opportunity, whether  because  of
     8  discrimination,  prejudice,  intolerance or inadequate education, train-
     9  ing, housing or health care not only threatens  the  rights  and  proper
    10  privileges  of  its inhabitants but menaces the institutions and founda-
    11  tion of a free democratic state and threatens the peace, order,  health,
    12  safety  and general welfare of the state and its inhabitants. A division
    13  in the executive department is  hereby  created  to  encourage  programs
    14  designed to insure that every individual shall have an equal opportunity
    15  to  participate fully in the economic, cultural and intellectual life of
    16  the state; to encourage and promote the development and execution by all
    17  persons within the state  of  such  state  programs;  to  eliminate  and
    18  prevent discrimination in employment, in places of public accommodation,
    19  resort or amusement, in educational institutions, in public services, in
    20  government  procurement,  in housing accommodations, in commercial space
    21  and in credit transactions and to take other actions  against  discrimi-
    22  nation  as  herein  provided;  and the division established hereunder is
    23  hereby given general jurisdiction and power for such purposes.
    24    § 2. Section 296 of the executive law  is  amended  by  adding  a  new
    25  subdivision 23 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01187-01-3
        A. 1024                             2

     1    23.  It shall be an unlawful discriminatory practice for any agency or
     2  bureau of the state and any political  subdivision  thereof  to  deny  a
     3  government contracting or procurement opportunity to any person, because
     4  of  the  actual or perceived race, creed, color, national origin, sexual
     5  orientation,  military  status, sex, age, disability, marital status, or
     6  familial status of such person, or of such person's business  associates
     7  or  partners,  members,  stockholders,  directors,  officers,  managers,
     8  superintendents, agents, employees, suppliers or customers.  Nothing  in
     9  this  subdivision  shall prohibit the state or any political subdivision
    10  thereof from establishing policies to increase participation by a  group
    11  traditionally underrepresented in government contracting or procurement.
    12    § 3. This act shall take effect immediately.