Bill Text: NY S04287 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits state contracts with contractors who do not provide health insurance which covers services for transgender, non-binary, and gender expansive people.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO PROCUREMENT AND CONTRACTS [S04287 Detail]

Download: New_York-2023-S04287-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4287

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced  by  Sens.  COONEY,  CLEARE,  HOYLMAN-SIGAL -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Procurement and Contracts

        AN  ACT  to amend the state finance law, in relation to participation in
          state contracts

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

     1    Section  1.  The  state finance law is amended by adding a new section
     2  139-m to read as follows:
     3    § 139-m.  Participation  in  contract  prohibited;  health  insurance;
     4  transgender  status. 1. A clause shall be inserted in all specifications
     5  or contracts hereafter made or  awarded  by  the  state  or  any  public
     6  department,  agency  or official thereof, for work or services performed
     7  or to be performed, for goods sold or to be sold pursuant to  which  any
     8  contractor,  to  whom  any  contract  shall  be let, granted or awarded,
     9  agrees, as a material condition  of  the  contract,  that  neither  such
    10  contractor nor any substantially owned or affiliated person, firm, part-
    11  nership  or  corporation  has  participated or is participating or shall
    12  participate in a health plan offered which does not cover  services  for
    13  transgender,  non-binary, and gender expansive people, including but not
    14  limited to hormone replacement therapy,  gender-affirming  surgery,  and
    15  treatment typically associated with one particular gender.
    16    2.  Any  such contract shall be rendered forfeit and void by the state
    17  comptroller, if, subsequent to execution, such person, firm, partnership
    18  or corporation has been participating in such health plan which fails to
    19  provide services  for  transgender,  non-binary,  and  gender  expansive
    20  people.
    21    3.  Nothing  contained  in  this  section  shall operate to impair any
    22  existing contract, except that any renewal, amendment or modification of
    23  such contract occurring on or after the effective date of  this  section
    24  shall be subject to the conditions specified in this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04843-01-3
        S. 4287                             2

     1    4.  The  comptroller  of the state shall have the power to issue rules
     2  and regulations pursuant to this section.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law and shall apply to all contracts entered into, renewed
     5  or modified on and after the effective date of this act.