S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    364
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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:
 
   Section 1. Subdivision 3 of section  290  of  the  executive  law,  as
 amended  by  chapter  173  of  the  laws  of 1974, is amended to read as
 follows:
   3. The legislature hereby finds and declares that the  state  has  the
 responsibility  to act to assure that every individual within this state
 is afforded an equal opportunity to enjoy a full and productive life and
 that the failure to provide such equal opportunity, whether  because  of
 discrimination,  prejudice,  intolerance or inadequate education, train-
 ing, housing or health care not only threatens  the  rights  and  proper
 privileges  of  its inhabitants but menaces the institutions and founda-
 tion of a free democratic state and threatens the peace, order,  health,
 safety  and general welfare of the state and its inhabitants. A division
 in the executive department is  hereby  created  to  encourage  programs
 designed to insure that every individual shall have an equal opportunity
 to  participate fully in the economic, cultural and intellectual life of
 the state; to encourage and promote the development and execution by all
 persons within the state  of  such  state  programs;  to  eliminate  and
 prevent discrimination in employment, in places of public accommodation,
 resort or amusement, in educational institutions, in public services, IN
 GOVERNMENT  PROCUREMENT,  in housing accommodations, in commercial space
 and in credit transactions and to take other actions  against  discrimi-
 nation  as  herein  provided;  and the division established hereunder is
 hereby given general jurisdiction and power for such purposes.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02838-01-1

 S. 364                              2
 
   § 2. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 23 to read as follows:
   23.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY AGENCY OR
 BUREAU OF THE STATE AND ANY POLITICAL  SUBDIVISION  THEREOF  TO  DENY  A
 GOVERNMENT CONTRACTING OR PROCUREMENT OPPORTUNITY TO ANY PERSON, BECAUSE
 OF  THE  ACTUAL OR PERCEIVED RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
 ORIENTATION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL  STATUS,  OR
 FAMILIAL  STATUS OF SUCH PERSON, OR OF SUCH PERSON'S BUSINESS ASSOCIATES
 OR  PARTNERS,  MEMBERS,  STOCKHOLDERS,  DIRECTORS,  OFFICERS,  MANAGERS,
 SUPERINTENDENTS,  AGENTS, EMPLOYEES, SUPPLIERS OR CUSTOMERS.  NOTHING IN
 THIS SUBDIVISION SHALL PROHIBIT THE STATE OR ANY  POLITICAL  SUBDIVISION
 THEREOF  FROM ESTABLISHING POLICIES TO INCREASE PARTICIPATION BY A GROUP
 TRADITIONALLY UNDERREPRESENTED IN GOVERNMENT CONTRACTING OR PROCUREMENT.
   § 3. This act shall take effect immediately.