S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5622
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee 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:

   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.
   §  2.  Section  296  of  the  executive law is amended by adding a new
 subdivision 20 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09070-01-7

 A. 5622                             2
 
   20. 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.