Bill Text: NY A02028 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members and their aspirations to include more female members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A02028 Detail]

Download: New_York-2015-A02028-Amended.html

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                           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
                                      ___________
       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:
    1    Section 1. Legislative intent. The legislature finds that there  is  a
    2  growing body of evidence that companies perform better when their boards
    3  and  executive leadership are strongly represented by women and that the
    4  state has a vested interest in ensuring that companies receiving  public
    5  funds  and  contracts  perform  efficiently  to  maintain a high rate of
    6  success.  Further, the legislature finds that it is in the state's vest-
    7  ed interest to encourage equitable and diverse gender representation  on
    8  corporate  boards  of companies receiving public funds and contracts. It
    9  is the intent of this act to require companies who wish to  do  business
   10  with  the  state  to disclose the current percentage and number of women
   11  executive officers employed by the company,  percentage  and  number  of
   12  women  on its corporate board, and the company's goals for the increased
   13  participation of women in executive positions and on corporate boards.
   14    S 2. The state finance law is amended by adding a new section  148  to
   15  read as follows:
   16    S 148. DISCLOSURE OF WOMEN IN EXECUTIVE POSITIONS AND SERVING AS BOARD
   17  MEMBERS  BY  STATE  CONTRACTORS. 1. ALL CONTRACT SOLICITATIONS INCLUDING
   18  BUT NOT LIMITED  TO,  INVITATIONS  FOR  BIDS,  REQUESTS  FOR  PROPOSALS,
   19  REQUESTS FOR APPLICATIONS AND REQUESTS FOR QUALIFICATIONS FOR CONTRACTS,
   20  IN  EXCESS  OF ONE HUNDRED THOUSAND DOLLARS SHALL REQUIRE THAT ALL OFFE-
   21  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
    1    (A) THE CURRENT PERCENTAGE AND NUMBER OF WOMEN  SERVING  IN  EXECUTIVE
    2  POSITIONS AND AS BOARD MEMBERS FOR THE OFFEROR;
    3    (B)  THE OFFEROR'S ASPIRATIONAL GOALS FOR THE INCLUSION OF WOMEN SERV-
    4  ING IN EXECUTIVE POSITIONS AND AS BOARD MEMBERS; AND
    5    (C) THE INTENDED EFFORTS BY THE OFFEROR TO ACHIEVE  SUCH  ASPIRATIONAL
    6  GOALS.
    7    2.  PRIOR  TO  MAY  THIRTY-FIRST  OF  EACH  YEAR, EACH STATE AGENCY IN
    8  RECEIPT OF THE INFORMATION REQUIRED PURSUANT TO SUBDIVISION ONE OF  THIS
    9  SECTION  SHALL  BE  RESPONSIBLE FOR PROVIDING THE DEPARTMENT OF ECONOMIC
   10  DEVELOPMENT WITH THE COMPILED DIVERSITY DATA FOR EVERY OFFEROR SEEKING A
   11  STATE CONTRACT, WHETHER OR NOT SUCH OFFEROR WAS  AWARDED  THE  CONTRACT,
   12  FOR  THE  PRIOR  CALENDAR YEAR. SUCH DATA SHALL INCLUDE, BUT NEED NOT BE
   13  LIMITED TO, DATA RELATING TO GENERAL TRENDS IN THE NUMBER OF WOMEN SERV-
   14  ING IN EXECUTIVE POSITIONS, SERVING ON BOARDS,  STATISTICS  RELATING  TO
   15  WINNING  AND LOSING BIDDERS, THE METHOD WHICH AGENCIES REFLECT DIVERSITY
   16  INFORMATION IN THEIR SCORING, AND THE MANNER IN WHICH  SUCH  SCORING  IS
   17  PERFORMED.
   18    3.  THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL AGGREGATE AND ANALYZE
   19  THE DATA RECEIVED BY AGENCIES PURSUANT TO SUBDIVISIONS ONE  AND  TWO  OF
   20  THIS SECTION AND PRESENT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY
   21  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
   22  ERS  OF  THE SENATE AND THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE
   23  FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES.
   24    S 3. This act shall take effect immediately.