S T A T E   O F   N E W   Y O R K
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                                  8395

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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:
  S  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.
  S 2. The state finance law is amended by adding a new section 163-c to
read as follows:
  S 163-C. CONSIDERATION OF GENDER  WAGE  DISPARITY  IN  PROCUREMENT  OF
SERVICES  AND  COMMODITIES.  IN MAKING AN AWARD OF CONTRACTS, AS PART OF
THE SCORING OF OFFERS, A STATE AGENCY SHALL  CONSIDER  THE  GENDER  WAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11825-01-5
              

A. 8395                             2

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 AWARD-
ING THE CONTRACT.
  S 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.