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.