S T A T E O F N E W Y O R K
________________________________________________________________________
731
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. L. ROSENTHAL, ORTIZ -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to the disclosure and
consideration of gender wage disparity in the awarding of 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
148 to read as follows:
§ 148. DISCLOSURE OF GENDER WAGE DISPARITY DATA 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 SHALL REQUIRE THAT ALL OFFERORS SEEKING
STATE CONTRACTS SHALL DISCLOSE THE AVERAGE WEEKLY WAGE PAID TO MEN AND
WOMEN BY JOB TITLE OR POSITION. SUCH DISCLOSURE SHALL INCLUDE THE
PERCENTAGE OF ANY GENDER WAGE DISPARITY WITHIN EACH JOB TITLE OR POSI-
TION.
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 OFFICE OF GENERAL
SERVICES WITH THE COMPILED DATA FOR EVERY OFFEROR SEEKING A STATE
CONTRACT, WHETHER OR NOT SUCH OFFEROR WAS AWARDED THE CONTRACT, FOR THE
PRIOR CALENDAR YEAR. THE OFFICE OF GENERAL SERVICES SHALL COMPILE AND
AGGREGATE THE DATA RECEIVED BY AGENCIES PURSUANT TO SUBDIVISION ONE OF
THIS SECTION AND SHALL PROVIDE DATA ON THE PERCENTAGE OF GENDER WAGE
DISPARITY BY JOB TITLE OR POSITION ON ITS WEBSITE.
§ 2. The state finance law is amended by adding a new section 163-c to
read as follows:
§ 163-C. CONSIDERATION OF GENDER WAGE DISPARITY IN PROCUREMENT OF
SERVICES AND COMMODITIES. IN MAKING AN AWARD OF CONTRACTS, AS PART OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04617-01-9
A. 731 2
THE SCORING OF OFFERS, A STATE AGENCY SHALL CONSIDER THE GENDER WAGE
DISPARITY DISCLOSURE PROVIDED PURSUANT TO SECTION ONE HUNDRED FORTY-
EIGHT OF THIS CHAPTER. OFFERORS WITH A GENDER WAGE DISPARITY OF TEN
PERCENT OR LESS SHALL BE GIVEN EXTRA CREDIT IN SCORING. THE AMOUNT OR
WEIGHT OF SUCH CREDIT SHALL BE DETERMINED BY THE STATE AGENCY AWARDING
THE CONTRACT.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.