Assembly Bill A5138

2017-2018 Legislative Session

Relates to the disclosure and consideration of gender wage disparity in the awarding of state contracts

download bill text pdf

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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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2017-A5138 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add §§148 & 163-c, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8395
2019-2020: A731
2021-2022: A1776
2023-2024: A585

2017-A5138 (ACTIVE) - Summary

Relates to the disclosure and consideration of gender wage disparity in the awarding of state contracts; requires all offerors to provide the percentage of gender wage disparity by job title for all state contracts; requires agencies to compile data received on gender wage disparity and provide data to the office of general services for publication on its website; requires agencies to provide extra credit or weight to offerors with a gender wage disparity of ten percent or less.

2017-A5138 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5138
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 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:
   §  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.
   § 2. The state finance law is amended by adding a new section 163-c to
 read as follows:
   § 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.

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