S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    910
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, LIFTON -- 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.
   §  2.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 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.
                                                            LBD03279-01-9
              

 A. 910                              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.
   § 3. This act shall take effect immediately.