NY State Senate Bill 2015-S5709

Senate Bill S5709

2015-2016 Legislative Session

Relates to requiring that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance
May 29, 2015	referred to finance

2015-S5709 (ACTIVE) - Details

See Assembly Version of this Bill:: A2028
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §148, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A518
2019-2020: A910
2021-2022: A1795
2023-2024: A502

2015-S5709 (ACTIVE) - Summary

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.

2015-S5709 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5709

TITLE OF BILL:  An act to amend the state finance law, in relation to
requiring that bidders and all others seeking state contracts disclose
their percentage and number of female executives and board members

PURPOSE:

To encourage gender diversity among leadership at companies who seek
and/or receive government contracts.

SUMMARY OF PROVISIONS:

Section one sets forth the legislative intent.

Section two amends the state finance law by adding a new section 148.

Section three sets forth the effective date.

JUSTIFICATION:

Numerous articles, studies and reports have detailed the benefits that
gender diversity brings to a company. Currently, in New York State,
the average board of directors has a total of eleven sears, with an
average of two seats filled by women. Only 11 percent of all executive
positions are held by women.

There is a growing body of evidence that suggests that companies
perform better when their corporate boards and executive leadership
are strongly represented by women. Businesses seeking board diversity
generally notice improved financial value, more effective corporate
governance and more loyalty among employees.

The State has a vested interest in ensuring that companies who receive
public funds and contracts are encouraged to actively, pursue gender
diversity among leadership positions within their company, therefore
benefitting the state and allowing for a greater return on the state's
investment. This bill would require all companies doing business with
the State to disclose information of the percentage and number of
women employees serving on corporate boards and in executive
positions.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to state

EFFECTIVE DATE:

This bill shall take effect immediately.

2015-S5709 (ACTIVE) - Bill Text download pdf

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

                                  5709

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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:
  (A) THE CURRENT PERCENTAGE AND NUMBER OF WOMEN  SERVING  IN  EXECUTIVE
POSITIONS AND AS BOARD MEMBERS FOR THE OFFEROR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04181-03-5

S. 5709                             2

  (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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.