S1218 requires every state agency in New York that awards contracts to create a three‑year growth plan aimed at increasing the participation of minority- and women-owned business enterprises (MWBEs) in contracts and subcontracts. Each plan must be included in the agency's annual report to the governor and legislature, starting from September 15, 2020, and should analyze areas such as the agency's use of discretionary procurement, debriefs for unsuccessful MWBE bidders, the use of Empire State Development resources, and how to reduce contract-waiver usage. The goal is to systematically boost MWBE opportunities in state contracting.
The New York State Assembly passed S1218 on May 29, 2025 by a vote of 144 to 2. We have assigned pluses to the nays because by mandating state agencies to prioritize contracts based on race or gender rather than on work quality, cost, and merit, S1218 violates the 14th Amendment's guarantee of equal protection under the law. It also contradicts the Declaration of Independence, which affirms that "all men are created equal" and endowed by their Creator with unalienable rights. True God-given equality requires that individuals compete on the same standard—not be granted government favoritism through classifications of race or sex. Moreover, this bill undermines the free market by forcing agencies to substitute identity-based quotas for open competition, thereby inflating costs and ultimately burdening taxpayers to fund already unconstitutional programs and services.
