S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1936
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  ZEBROWSKI  -- read once and
   referred to the Committee on Governmental Operations
 
 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:

   Section 1. The state finance law is amended by adding  a  new  section
 139-m to read as follows:
   §  139-M.  PARTICIPATION  IN  CONTRACT  PROHIBITED;  HEALTH INSURANCE;
 TRANSGENDER STATUS. 1. A CLAUSE SHALL BE INSERTED IN ALL  SPECIFICATIONS
 OR  CONTRACTS  HEREAFTER  MADE  OR  AWARDED  BY  THE STATE OR ANY PUBLIC
 DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR WORK OR  SERVICES  PERFORMED
 OR  TO  BE PERFORMED, FOR GOODS SOLD OR TO BE SOLD PURSUANT TO WHICH ANY
 CONTRACTOR, TO WHOM ANY CONTRACT  SHALL  BE  LET,  GRANTED  OR  AWARDED,
 AGREES,  AS  A  MATERIAL  CONDITION  OF  THE CONTRACT, THAT NEITHER SUCH
 CONTRACTOR NOR ANY SUBSTANTIALLY OWNED OR AFFILIATED PERSON, FIRM, PART-
 NERSHIP OR CORPORATION HAS PARTICIPATED OR  IS  PARTICIPATING  OR  SHALL
 PARTICIPATE  IN  A HEALTH PLAN OFFERED WHICH DOES NOT COVER SERVICES FOR
 TRANSGENDER, NON-BINARY, AND GENDER EXPANSIVE PEOPLE, INCLUDING BUT  NOT
 LIMITED  TO  HORMONE  REPLACEMENT THERAPY, GENDER-AFFIRMING SURGERY, AND
 TREATMENT TYPICALLY ASSOCIATED WITH ONE PARTICULAR GENDER.
   2. ANY SUCH CONTRACT SHALL BE RENDERED FORFEIT AND VOID BY  THE  STATE
 COMPTROLLER, IF, SUBSEQUENT TO EXECUTION, SUCH PERSON, FIRM, PARTNERSHIP
 OR CORPORATION HAS BEEN PARTICIPATING IN SUCH HEALTH PLAN WHICH FAILS TO
 PROVIDE  SERVICES  FOR  TRANSGENDER,  NON-BINARY,  AND  GENDER EXPANSIVE
 PEOPLE.
   3. NOTHING CONTAINED IN THIS  SECTION  SHALL  OPERATE  TO  IMPAIR  ANY
 EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF
 SUCH  CONTRACT  OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
 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
 A. 1936                             2
              

 
   4. THE COMPTROLLER OF THE STATE SHALL HAVE THE POWER  TO  ISSUE  RULES
 AND REGULATIONS PURSUANT TO THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all contracts entered into, renewed
 or modified on and after the effective date of this act.