NY State Senate Bill 2019-S4412

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2019	referred to finance

2019-S4412 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §313-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S6362

2019-S4412 (ACTIVE) - Summary

Relates to equal pay reporting by certain contractors.

2019-S4412 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4412

SPONSOR: ANTONACCI
 
TITLE OF BILL:  An act to amend the executive law, in relation to
equal pay reporting by certain contractors

 
PURPOSE:

This bill would amend the equal pay reporting by certain contractors.

 
SUMMARY OF PROVISIONS:

Section 1 -Amends Section 313-a of the executive law, as added by chap-
ter 175 of the laws of 2010.

Section 2 - Establishes the effective date.

 
JUSTIFICATION:

To address the important issue of pay equity legislation was passed

unanimously by the Legislature prohibiting differential pay because of
sex and signed into Law in the fall of 2015. That significant legis-
lation provided a remedy for a violation of equal pay by employers.
However, while NYS should be proud to be documented as having the lowest
wage gap of any state, it continues to receive the worst rating for its
business climate. Despite this, Executive Order 162 was imposing a busi-
ness mandate similar to the annual federal EEO-1 reporting requirement.
However, unlike the Federal Government which requires annual reporting,
the State would require quarterly reporting by some businesses and
monthly reporting by others. This frequent reporting requirement will
only exacerbate the anti-business friendly environment designation New
York often receives, discourage business growth ultimately resulting in
diminished economic activity within New York State.

 
LEGISLATIVE HISTORY: New bill.

 
FISCAL IMPLICATIONS:  None.

 
LOCAL FISCAL IMPLICATIONS:  None.

 
EFFECTIVE DATE:
This act shall take effect April 1, 2019; provided, however, that the
amendments to section 313-a of the executive law made by section one of
this act shall not affect the expiration of such article and shall be
deemed to expire therewith.

2019-S4412 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4412
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to equal pay reporting by
   certain contractors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 313-a of the executive law, as added by chapter 175
 of the laws of 2010, is amended to read as follows:
   § 313-a. Diversity practices of state contractors.  1.  ASSESSMENT  OF
 DIVERSITY PRACTICES. The director shall promulgate rules and regulations
 setting  forth  measures and procedures to require all contracting agen-
 cies, where practicable, feasible and appropriate, to assess the  diver-
 sity practices of contractors submitting bids or proposals in connection
 with  the  award  of  a state contract. Such rules and regulations shall
 take into account: the nature of the labor, services,  supplies,  equip-
 ment  or  materials  being  procured  by the state agency; the method of
 procurement required to be used by a state agency to award the  contract
 and  minority  and women-owned business utilization plans required to be
 submitted pursuant to sections three hundred twelve  and  three  hundred
 thirteen  of  this article; and such other factors as the director deems
 appropriate or necessary to promote the  award  of  state  contracts  to
 contractors  having sound diversity practices. Such assessment shall not
 in any way permit the  automatic  rejection  of  a  bid  or  procurement
 contract  proposal  based  on  lack of adherence to diversity practices.
 Each bid or proposal shall be analyzed on an individual per bid  or  per
 proposal  basis  with the contractor's diversity practices considered as
 only a part of a wider consideration of several factors when deciding to
 award or decline to award a bid or proposal. The director shall  develop
 the  rules  and  regulations  required hereunder only after consultation
 with the state procurement council established by  section  one  hundred
 sixty-one of the state finance law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10090-01-9

 S. 4412                             2
 
   2.  EQUAL PAY REPORTING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR
 THE PROVISIONS OF EXECUTIVE ORDER ONE HUNDRED SIXTY-TWO OF TWO  THOUSAND
 SEVENTEEN,  THE  DIRECTOR  MAY  PROMULGATE RULES REQUIRING THAT, FOR ANY
 CONTRACT VALUED AT MORE THAN TWO HUNDRED  FIFTY  THOUSAND  DOLLARS,  ANY
 CONTRACTOR  REQUIRED TO SUBMIT WORK FORCE EMPLOYMENT UTILIZATION REPORTS
 SHALL ALSO SUBMIT AN ANNUAL REPORT  THAT  ILLUSTRATES  THE  CONTRACTOR'S
 DISTRIBUTION  OF EMPLOYEES BY ETHNIC BACKGROUND, GENDER, FEDERAL OCCUPA-
 TIONAL CATEGORY AND PAY RANGE. THIS REPORT MAY BE BASED  ON  EITHER  THE
 CONTRACTOR'S  TOTAL WORKFORCE OR THAT PORTION OF THEIR WORKFORCE THAT IS
 UTILIZED IN THE PERFORMANCE OF THE STATE CONTRACT.  ANY  CONTRACTOR  MAY
 SATISFY  THE REQUIREMENT OF THIS SUBDIVISION BY SUBMITTING TO THE DIREC-
 TOR ANY REPORT REQUIRED PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF
 1964, 42 U.S.C. 2000E ET. SEQ., AS AMENDED. ANY INFORMATION SUBMITTED TO
 THE DIRECTOR PURSUANT TO THIS  SUBDIVISION  IS  EXEMPT  FROM  DISCLOSURE
 UNDER  ARTICLE  SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER PROVISION OF
 STATE LAW.
   § 2. This act shall take effect April 1, 2020; provided, however, that
 the amendments to section 313-a of the executive law made by section one
 of this act shall not affect the expiration of such article and shall be
 deemed to expire therewith.

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Senate Bill S4412

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2019-S4412 (ACTIVE) - Details

2019-S4412 (ACTIVE) - Summary

2019-S4412 (ACTIVE) - Sponsor Memo

2019-S4412 (ACTIVE) - Bill Text download pdf

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Sponsored By

Robert Antonacci

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2019-S4412 (ACTIVE) - Details

2019-S4412 (ACTIVE) - Summary

2019-S4412 (ACTIVE) - Sponsor Memo

2019-S4412 (ACTIVE) - Bill Text download pdf

Comments