What's happening
This bill prohibits discrimination based on personal or business characteristics in New York government contracting and procurement.
Why it matters
Expands anti-discrimination protections to government contracts. , meaning government agencies and local governments in New York can no longer deny procurement or contracting opportunities based on protected characteristics—this covers both individuals and their business relationships.
Broadens who is protected. by including not only the personal traits of the applicant (like race, age, sexual orientation, military status, etc.), but also the characteristics of their business associates, suppliers, employees, and even customers, closing loopholes that could allow indirect discrimination.
Explicitly allows diversity initiatives. by clarifying that efforts to increase participation of traditionally underrepresented groups in government contracting are still permitted, ensuring the bill does not undermine affirmative action or supplier diversity programs.
Creates additional legal recourse. for businesses and individuals who believe they were unfairly excluded from government opportunities, potentially leading to more equitable access to public contracts and greater accountability for government agencies.
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Who cares
Headline styles
Ban Bias in State Contracts
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Discrimination in Contracts
In Assembly Committee · Governmental Operations · Sponsor Rodneyse Bichotte Hermelyn
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1322
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to prohibiting discrimination in government procurement
The People of the State of New York, represented in Senate and Assembly, 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, training, housing or health care not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation 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 discrimination 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.
LBD04178-01-5
§ 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting discrimi- nation in government procurement
Purpose or general idea
To prohibit the use of discrimination in the government procurement process
Summary of specific provisions
Section 1 of the bill amends subdivision 3 of section 290 of the execu- tive law to add "government procurement" to the legislative intent of the Human Rights Law.
Section 2 of the bill amends section 296 of the executive law by adding a new subdivision 20 to establish that it shall be unlawful discrimina- tory practice for any agency or bureau of the state and any political subdivision thereof to deny an 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 of traditionally underrepresented in government contracting or procurement.
Section 3 of the bill is the effective date.
Justification
Neither New York State nor New York City have any law on the books that protects against discrimination in the procurement process. This legis- lation would amend the State Human Rights Law to codify such protection.
Prior legislative history
S.51 if 2023-2024 (Hoylman-Sigal): Died in Investigations and Government Operations
A.1024 of 2023-2024 (Bichotte Hermelyn): Died in Governmental Operations
S.0364 of 2021-2022 (Hoylman): Died in Investigations and Government Operations
A.6807 of 2021-2022 (Bichotte): Died in Governmental Operations
S.1859 of 2019-2020 (Hoylman): Died in Investigations and Government Operations
A.2724 of 2019-2020 (Bichotte) Died in Governmental Operations
S.4849 of 2017-2018 (Hoylman): Died in Investigations and Government Relations
A.5622 of 2017-2018 (Bichotte): Died in Governmental Operations
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.