S T A T E O F N E W Y O R K
________________________________________________________________________
6362--A
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, in relation to equal pay reporting by
certain contractors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 313-a of the executive law, as added by chapter 175
of the laws of 2010, is amended to read as follows:
§ 313-a. Diversity practices of state contractors. 1. ASSESSMENT OF
DIVERSITY PRACTICES. The director shall promulgate rules and regulations
setting forth measures and procedures to require all contracting agen-
cies, where practicable, feasible and appropriate, to assess the diver-
sity practices of contractors submitting bids or proposals in connection
with the award of a state contract. Such rules and regulations shall
take into account: the nature of the labor, services, supplies, equip-
ment or materials being procured by the state agency; the method of
procurement required to be used by a state agency to award the contract
and minority and women-owned business utilization plans required to be
submitted pursuant to sections three hundred twelve and three hundred
thirteen of this article; and such other factors as the director deems
appropriate or necessary to promote the award of state contracts to
contractors having sound diversity practices. Such assessment shall not
in any way permit the automatic rejection of a bid or procurement
contract proposal based on lack of adherence to diversity practices.
Each bid or proposal shall be analyzed on an individual per bid or per
proposal basis with the contractor's diversity practices considered as
only a part of a wider consideration of several factors when deciding to
award or decline to award a bid or proposal. The director shall develop
the rules and regulations required hereunder only after consultation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11726-03-7
S. 6362--A 2
with the state procurement council established by section one hundred
sixty-one of the state finance law.
2. EQUAL PAY REPORTING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR
THE PROVISIONS OF EXECUTIVE ORDER ONE HUNDRED SIXTY-TWO OF TWO THOUSAND
SEVENTEEN, THE DIRECTOR MAY PROMULGATE RULES REQUIRING THAT, FOR ANY
CONTRACT VALUED AT MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, ANY
CONTRACTOR REQUIRED TO SUBMIT WORK FORCE EMPLOYMENT UTILIZATION REPORTS
SHALL ALSO SUBMIT AN ANNUAL REPORT THAT ILLUSTRATES THE CONTRACTOR'S
DISTRIBUTION OF EMPLOYEES BY ETHNIC BACKGROUND, GENDER, FEDERAL OCCUPA-
TIONAL CATEGORY AND PAY RANGE. THIS REPORT MAY BE BASED ON EITHER THE
CONTRACTOR'S TOTAL WORKFORCE OR THAT PORTION OF THEIR WORKFORCE THAT IS
UTILIZED IN THE PERFORMANCE OF THE STATE CONTRACT. ANY CONTRACTOR MAY
SATISFY THE REQUIREMENT OF THIS SUBDIVISION BY SUBMITTING TO THE DIREC-
TOR ANY REPORT REQUIRED PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF
1964, 42 U.S.C. 2000E ET. SEQ., AS AMENDED. ANY INFORMATION SUBMITTED TO
THE DIRECTOR PURSUANT TO THIS SUBDIVISION IS EXEMPT FROM DISCLOSURE
UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER PROVISION OF
STATE LAW.
§ 2. This act shall take effect April 1, 2018; provided, however, that
the amendments to section 313-a of the executive law made by section one
of this act shall not affect the expiration of such article and shall be
deemed to expire therewith.