NY State Assembly Bill 2015-A2028A

Assembly Bill A2028A

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

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to governmental operations
Apr 16, 2015	print number 2028a
Apr 16, 2015	amend and recommit to governmental operations
Jan 15, 2015	referred to governmental operations

Bill Amendments

Original

A (Active)

2015-A2028 - Details

See Senate Version of this Bill:: S5709
Current Committee:: Assembly Governmental Operations
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-A2028 - 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-A2028 - Bill Text download pdf

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

                                  2028

                       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

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  EXECUTIVES  AND BOARD MEMBERS BY STATE
CONTRACTORS. 1. ALL BID CONDITIONS, REQUESTS FOR  PROPOSALS,  AND  OTHER
SPECIFICATIONS  FOR  CONTRACTS  AWARDED  BY THE STATE SHALL REQUIRE THAT
BIDDERS AND ALL OTHERS SEEKING STATE CONTRACTS SHALL:
  (A) DISCLOSE THE CURRENT PERCENTAGE  AND  NUMBER  OF  WOMEN  EXECUTIVE
OFFICERS  IN  THE COMPANY AND THE CURRENT PERCENTAGE AND NUMBER OF WOMEN
ON THE COMPANY'S EXECUTIVE AND FULL BOARDS;
  (B) THE COMPANY'S ASPIRATIONAL GOALS FOR THE  INCLUSION  OF  WOMEN  IN
EXECUTIVE POSITIONS AND ON THE EXECUTIVE AND FULL BOARDS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04181-01-5

A. 2028                             2

  (C) THE INTENDED EFFORTS BY THE CONTRACTOR TO ACHIEVE THE ASPIRATIONAL
GOALS.
  2. EACH STATE AGENCY RECEIVING INFORMATION PURSUANT TO SUBDIVISION ONE
OF  THIS SECTION SHALL BE RESPONSIBLE FOR ANNUALLY PROVIDING THE DEPART-
MENT OF ECONOMIC DEVELOPMENT  WITH  THE  APPLICABLE  COMPILED  DIVERSITY
DATA.
  3. THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL AGGREGATE THE AGENCIES
DATA  RECEIVED  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 LEADERS OF THE  SENATE
AND  THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEM-
BLY WAYS AND MEANS COMMITTEES.
  S 3. This act shall take effect immediately.

2015-A2028A (ACTIVE) - Details

See Senate Version of this Bill:: S5709
Current Committee:: Assembly Governmental Operations
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-A2028A (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-A2028A (ACTIVE) - Bill Text download pdf

                            
                    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:

  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04181-02-5

A. 2028--A                          2

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

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