S T A T E O F N E W Y O R K
________________________________________________________________________
2028--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the state finance law, in relation to requiring that
bidders and all others seeking state contracts disclose their percent-
age and number of female executives and board members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that there is a
growing body of evidence that companies perform better when their boards
and executive leadership are strongly represented by women and that the
state has a vested interest in ensuring that companies receiving public
funds and contracts perform efficiently to maintain a high rate of
success. Further, the legislature finds that it is in the state's vest-
ed interest to encourage equitable and diverse gender representation on
corporate boards of companies receiving public funds and contracts. It
is the intent of this act to require companies who wish to do business
with the state to disclose the current percentage and number of women
executive officers employed by the company, percentage and number of
women on its corporate board, and the company's goals for the increased
participation of women in executive positions and on corporate boards.
S 2. The state finance law is amended by adding a new section 148 to
read as follows:
S 148. DISCLOSURE OF WOMEN IN EXECUTIVE POSITIONS AND SERVING AS BOARD
MEMBERS BY STATE CONTRACTORS. 1. ALL CONTRACT SOLICITATIONS INCLUDING
BUT NOT LIMITED TO, INVITATIONS FOR BIDS, REQUESTS FOR PROPOSALS,
REQUESTS FOR APPLICATIONS AND REQUESTS FOR QUALIFICATIONS FOR CONTRACTS,
IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS SHALL REQUIRE THAT ALL OFFE-
RORS SEEKING STATE CONTRACTS SHALL DISCLOSE:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04181-02-5
A. 2028--A 2
(A) THE CURRENT PERCENTAGE AND NUMBER OF WOMEN SERVING IN EXECUTIVE
POSITIONS AND AS BOARD MEMBERS FOR THE OFFEROR;
(B) THE OFFEROR'S ASPIRATIONAL GOALS FOR THE INCLUSION OF WOMEN SERV-
ING IN EXECUTIVE POSITIONS AND AS BOARD MEMBERS; AND
(C) THE INTENDED EFFORTS BY THE OFFEROR TO ACHIEVE SUCH ASPIRATIONAL
GOALS.
2. PRIOR TO MAY THIRTY-FIRST OF EACH YEAR, EACH STATE AGENCY IN
RECEIPT OF THE INFORMATION REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL BE RESPONSIBLE FOR PROVIDING THE DEPARTMENT OF ECONOMIC
DEVELOPMENT WITH THE COMPILED DIVERSITY DATA FOR EVERY OFFEROR SEEKING A
STATE CONTRACT, WHETHER OR NOT SUCH OFFEROR WAS AWARDED THE CONTRACT,
FOR THE PRIOR CALENDAR YEAR. SUCH DATA SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, DATA RELATING TO GENERAL TRENDS IN THE NUMBER OF WOMEN SERV-
ING IN EXECUTIVE POSITIONS, SERVING ON BOARDS, STATISTICS RELATING TO
WINNING AND LOSING BIDDERS, THE METHOD WHICH AGENCIES REFLECT DIVERSITY
INFORMATION IN THEIR SCORING, AND THE MANNER IN WHICH SUCH SCORING IS
PERFORMED.
3. THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL AGGREGATE AND ANALYZE
THE DATA RECEIVED BY AGENCIES PURSUANT TO SUBDIVISIONS ONE AND TWO OF
THIS SECTION AND PRESENT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ERS OF THE SENATE AND THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE
FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES.
S 3. This act shall take effect immediately.