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A00585 Summary:

BILL NOA00585
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add §§149 & 163-c, St Fin L
 
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.
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A00585 Actions:

BILL NOA00585
 
01/09/2023referred to governmental operations
01/03/2024referred to governmental operations
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A00585 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A585
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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   PURPOSE: This bill discloses and considers gender wage disparity in the awarding of state contracts.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the state fmance law by adding a new section 148. Section two amends the state finance law by adding a new section 163-o. Section three lays out the effective date.   JUSTIFICATION: According to a study on the gender pay gap published in 2014 by the American Association of University Women, women in New York State earn 87% of what men are paid. The pay gap continues to be a real issue that affects women from all backgrounds, at all ages, and on all levels of educational achievement. Advances on closing the gap have stalled in recent years despite women's progress in education and workforce partic- ipation. To gain greater transparency on the gender pay gap, this legislation would require state contractors to disclose the average weekly wage paid to men and women by job title or position, and will include the percent- age of any gender wage disparity within each job title or position. Every offeror will be required to submit this information to the office of general services whether or not the offeror is awarded a contract. The office of general services will assess this data and provide the percentage of gender wage disparity by job title or position on its website. having access to raw data will give the state a better idea of the existing pay disparity as a basis for developing practical solutions for closing it. The gender wage disparity will be considered in the procurement of services and commodities. State agencies will have to consider the gender wage disparity disclosure when scoring offers and awarding contracts and allocate extra credit to offerors with ten percent or less in gender wage disparity. This provision incentivizes offerors to devel- op effective strategies for closing the pay gap. This bill will contrib- ute to strengthening New York State's laws on pay discrimination to ensure that women receive equal pay for equal work and will help close the pay gap.   LEGISLATIVE HISTORY: 2021-22: A.1776 - Referred to Governmental Operations 2019-20: A.731 - Referred to Governmental Operations 2017-18: A.5138 - Referred to Governmental Operations 2015-16: A.8395 - Referred to Governmental Operations   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect on the ninetieth day after it shall become law.
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A00585 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           585
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by  M.  of  A. L. 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:
 
     1    Section 1. The state finance law is amended by adding  a  new  section
     2  149 to read as follows:
     3    §  149. Disclosure of gender wage disparity data by state contractors.
     4  1. All contract solicitations including but not limited to,  invitations
     5  for bids, requests for proposals, requests for applications and requests
     6  for qualifications for contracts shall require that all offerors seeking
     7  state  contracts  shall disclose the average weekly wage paid to men and
     8  women by job title  or  position.  Such  disclosure  shall  include  the
     9  percentage  of  any gender wage disparity within each job title or posi-
    10  tion.
    11    2. Prior to May thirty-first  of  each  year,  each  state  agency  in
    12  receipt  of the information required pursuant to subdivision one of this
    13  section shall  be  responsible  for  providing  the  office  of  general
    14  services  with  the  compiled  data  for  every  offeror seeking a state
    15  contract, whether or not such offeror was awarded the contract, for  the
    16  prior  calendar  year.  The office of general services shall compile and
    17  aggregate the data received by agencies pursuant to subdivision  one  of
    18  this  section  and  shall  provide data on the percentage of gender wage
    19  disparity by job title or position on its website.
    20    § 2. The state finance law is amended by adding a new section 163-c to
    21  read as follows:
    22    § 163-c. Consideration of gender  wage  disparity  in  procurement  of
    23  services  and  commodities.  In making an award of contracts, as part of
    24  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.
                                                                   LBD00855-01-3

        A. 585                              2
 
     1  disparity disclosure provided pursuant to section one hundred forty-nine
     2  of this chapter. Offerors with a gender wage disparity of ten percent or
     3  less  shall  be  given  extra credit in scoring. The amount or weight of
     4  such  credit  shall  be  determined  by  the  state  agency awarding the
     5  contract.
     6    § 3. This act shall take effect on the ninetieth day  after  it  shall
     7  have  become  a  law.    Effective  immediately, the addition, amendment
     8  and/or repeal of any rule or regulation necessary for the implementation
     9  of this act on  its  effective  date  are  authorized  to  be  made  and
    10  completed on or before such effective date.
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