Bill Text: NY A09027 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to gender balance in public authorities, industrial development agencies and local development corporations; requires members of a public authority, industrial development agency or local development corporation be appointed in a manner which will ensure that women comprise approximately fifty percent of the membership on such public authorities, industrial development agencies or local development corporations.
Sponsorship: Partisan Bill (Democrat 10)
Status: (Introduced - Dead) 2018-01-12 - referred to corporations, authorities and commissions [A09027 Detail]
Download: New_York-2017-A09027-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9027 IN ASSEMBLY January 12, 2018 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, the general municipal law and the not-for-profit corporation law, in relation to gender balance in public authorities, industrial development agencies and local development corporations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public authorities law is amended by adding a new 2 section 2829 to read as follows: 3 § 2829. Gender balance in public authorities. 1. For the purposes of 4 this section, the following terms shall have the following meanings, 5 unless the context otherwise requires: 6 (a) "gender balance" means an equal number of women and men selected 7 to appointive positions; 8 (b) "appointing power" means an individual or government or legisla- 9 tive body or individual or individuals charged with the responsibility 10 to appoint others to appointive positions on state and local public 11 authorities. 12 2. (a) All appointive state and local public authorities heretofore or 13 hereafter established by law or resolution shall be gender balanced. 14 (b) No person shall be appointed or reappointed to any state or local 15 public authority if that appointment or reappointment would cause the 16 number of members of such public authority of one gender to be greater 17 than one-half of the public authority, plus one. 18 3. (a) An appointing power shall make appointments to state and local 19 public authorities created prior to, on or after January first, two 20 thousand nineteen, in a manner which will ensure that women comprise 21 approximately fifty percent of the membership on each public authority. 22 (b) The appointing power shall appoint a person from the gender which 23 has fewer appointees to any vacant position whenever the number of 24 persons of one gender appointed to a state or local public authority 25 created prior to, on or after January first, two thousand nineteen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10962-02-8A. 9027 2 1 exceeds the number of persons of the other gender appointed to that 2 public authority. 3 (c) In making appointments to any state or local public authority 4 created prior to, on or after January first, two thousand nineteen, the 5 number of appointments by an appointing power of one gender may not 6 exceed by more than one the number of appointments from the other 7 gender. When an unequal number of appointments has been made from each 8 gender, a vacant position shall be filled by a person from the gender 9 with fewer appointees on the public authority. 10 (d) In the event a state or local public authority has an uneven 11 number of appointive positions, the appointing power shall fill a vacan- 12 cy with a member of the gender whose representation was of a lesser 13 number when an opening occurs. In the event a new state or local public 14 authority whose membership has an unequal number of representatives from 15 one gender is created the appointing power shall appoint individuals in 16 conformance with the goals of this section. 17 4. The appointing power shall undertake all efforts necessary to 18 obtain lists of names of qualified candidates to be recommended for 19 appointment to state and local public authorities, in furtherance of the 20 advancement of the policy of this section to achieve equal numbers of 21 appointments of men and women to appointive positions pursuant to subdi- 22 visions two and three of this section. 23 5. Multiple appointing powers charged with the appointment of individ- 24 uals to the same state or local public authority shall consult each 25 other to avoid a violation of this section. 26 6. Nothing in this section shall be construed to prohibit an individ- 27 ual from completing a term for which the person was appointed, prior to 28 the effective date of this section. 29 § 2. The general municipal law is amended by adding a new section 30 856-a to read as follows: 31 § 856-a. Gender balance in industrial development agencies. 1. For the 32 purposes of this section, the following terms shall have the following 33 meanings, unless the context otherwise requires: 34 (a) "gender balance" means an equal number of women and men selected 35 to appointive positions; 36 (b) "appointing power" means an individual or government or legisla- 37 tive body or individual or individuals charged with the responsibility 38 to appoint others to appointive positions on industrial development 39 agencies. 40 2. (a) All appointive industrial development agencies heretofore or 41 hereafter established by law or resolution shall be gender balanced. 42 (b) No person shall be appointed or reappointed to any industrial 43 development agency if that appointment or reappointment would cause the 44 number of members of such industrial development agency of one gender to 45 be greater than one-half of the industrial development agency, plus one. 46 3. (a) An appointing power shall make appointment to industrial devel- 47 opment agencies created prior to, on or after January first, two thou- 48 sand nineteen, in a manner which will ensure that women comprise approx- 49 imately fifty percent of the membership on each industrial development 50 agency. 51 (b) The appointing power shall appoint a person from the gender which 52 has fewer appointees to any vacant position whenever the number of 53 persons of one gender appointed to an industrial development agency 54 created prior to, on or after January first, two thousand nineteen 55 exceeds the number of persons of the other gender appointed to that 56 industrial development agency.A. 9027 3 1 (c) In making appointments to any industrial development agency 2 created prior to, on or after January first, two thousand nineteen, the 3 number of appointments by an appointing power of one gender may not 4 exceed by more than one the number of appointments from the other 5 gender. When an unequal number of appointments has been made from each 6 gender, a vacant position shall be filled by a person from the gender 7 with fewer appointees on the industrial development agency. 8 (d) In the event an industrial development agency has an uneven number 9 of appointive positions, the appointing power shall fill a vacancy with 10 a member of the gender whose representation was of a lesser number when 11 an opening occurs. In the event a new industrial development agency 12 whose membership has an unequal number of representatives from one 13 gender is created the appointing power shall appoint individuals in 14 conformance with the goals of this section. 15 4. The appointing power shall undertake all efforts necessary to 16 obtain lists of names of qualified candidates to be recommended for 17 appointment to industrial development agencies, in furtherance of the 18 advancement of the policy of this section to achieve equal numbers of 19 appointments of men and women to appointive positions pursuant to subdi- 20 visions two and three of this section. 21 5. Multiple appointing powers charged with the appointment of individ- 22 uals to the same industrial development agencies shall consult each 23 other to avoid a violation of this section. 24 6. Nothing in this section shall be construed to prohibit an individ- 25 ual from completing a term for which the person was appointed, prior to 26 the effective date of this section. 27 § 3. The not-for-profit corporation law is amended by adding a new 28 section 1411-a to read as follows: 29 § 1411-a. Gender balance in local development corporations. 30 (a) For the purposes of this section, the following terms shall have 31 the following meanings, unless the context otherwise requires: 32 (1) "gender balance" means an equal number of women and men selected 33 as members of a local development corporation; and 34 (2) "appointing power" means an individual or government or legisla- 35 tive body or individual or individuals charged with the responsibility 36 to appoint others to appointive positions on local development corpo- 37 rations. 38 (b) (1) All appointive local development corporations heretofore or 39 hereafter established by law or resolution shall be gender balanced. 40 (2) No person shall be appointed or reappointed to any local develop- 41 ment corporations if that appointment or reappointment would cause the 42 number of members of such local development corporation of one gender to 43 be greater than one-half of the local development corporation, plus one. 44 (c) (1) An appointing power shall make appointment to local develop- 45 ment corporations created prior to, on or after January first, two thou- 46 sand nineteen, in a manner which will ensure that women comprise approx- 47 imately fifty percent of the membership on each local development 48 corporations. 49 (2) The appointing power shall appoint a person from the gender which 50 has fewer appointees to any vacant position whenever the number of 51 persons of one gender appointed to a local development corporation 52 created prior to, on or after January first, two thousand nineteen 53 exceeds the number of persons of the other gender appointed to that 54 local development corporation. 55 (3) In making appointments to any local development corporation 56 created prior to, on or after January first, two thousand nineteen, theA. 9027 4 1 number of appointments by an appointing power of one gender may not 2 exceed by more than one the number of appointments from the other 3 gender. When an unequal number of appointments has been made from each 4 gender, a vacant position shall be filled by a person from the gender 5 with fewer appointees on the local development corporation. 6 (4) In the event a local development corporations has an uneven number 7 of appointive positions, the appointing power shall fill a vacancy with 8 a member of the gender whose representation was of a lesser number when 9 an opening occurs. In the event a new local development corporation 10 whose membership has an unequal number of representatives from one 11 gender is created the appointing power shall appoint individuals in 12 conformance with the goals of this section. 13 (d) The appointing power shall undertake all efforts necessary to 14 obtain lists of names of qualified candidates to be recommended for 15 appointment to local development corporations, in furtherance of the 16 advancement of the policy of this section to achieve equal numbers of 17 appointments of men and women to appointive positions pursuant to para- 18 graphs (b) and (c) of this section. 19 (e) Multiple appointing powers charged with the appointment of indi- 20 viduals to the same local development corporation shall consult each 21 other to avoid a violation of this section. 22 (f) Nothing in this section shall be construed to prohibit an individ- 23 ual from completing a term for which the person was appointed, prior to 24 the effective date of this section. 25 § 4. This act shall take effect January 1, 2019.
