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A09026 Summary:

BILL NOA09026
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSRNolan, De La Rosa, Aubry, Davila, Jaffee, Jean-Pierre, D'Urso, Harris, Seawright
 
MLTSPNSR
 
Amd Art IV 1, Chap 154 of 1921
 
Relates to establishing a gender balance in the port authority; requires members of the board of commissioners and any officers of the port authority be appointed in a manner which will ensure that women comprise approximately fifty percent of the membership of the board or as officers of the port authority.
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A09026 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9026
 
                   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 chapter 154 of the laws of 1921, relating  to  the  port
          authority  of  New  York and New Jersey, in relation to establishing a
          gender balance in the port authority
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Article 4 of section 1 of chapter 154 of the laws of 1921
     2  relating to the port authority of New York and New Jersey, as amended by
     3  chapter 419 of the laws of 1930, is amended to read as follows:
     4                                 ARTICLE IV
     5    1. Commissioners. The port authority shall consist of  twelve  commis-
     6  sioners,  six  resident voters from the state of New York, at least four
     7  of whom shall be resident voters of the city of New York, and six  resi-
     8  dent voters from the state of New Jersey, at least four of whom shall be
     9  resident  voters  within the New Jersey portion of the district, the New
    10  York members to be chosen by the state of New York and  the  New  Jersey
    11  members by the state of New Jersey in the manner and for the terms fixed
    12  and  determined  from  time  to  time  by  the legislature of each state
    13  respectively, except  as  herein  provided.  Each  commissioner  may  be
    14  removed  or  suspended  from  office as provided by the law of the state
    15  from which he shall be appointed.
    16    2. Gender balance in the port authority. a. For the purposes  of  this
    17  subdivision,  the  following  terms  shall  have the following meanings,
    18  unless the context otherwise requires:
    19    (1) "gender balance" means an equal number of women and men  appointed
    20  as commissioners of the port authority;
    21    (2)  "appointing  power" means the individual or body charged with the
    22  responsibility to appoint others as commissioners to the port authority.
    23    b. (1) All appointments of commissioners of the port  authority  shall
    24  be gender balanced.
    25    (2)  No  person shall be appointed or reappointed as a commissioner if
    26  that appointment or reappointment would cause the number of  commission-
    27  ers of one gender to be greater than one-half plus one.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11182-01-7

        A. 9026                             2
 
     1    c. (1) An appointing power shall make appointments of commissioners in
     2  a  manner  which  will  ensure  that  women comprise approximately fifty
     3  percent of appointed commissioners.
     4    (2)  The appointing power shall appoint a person from the gender which
     5  has fewer appointees to any  vacant  position  whenever  the  number  of
     6  persons  of  one gender appointed as commissioners exceeds the number of
     7  persons of the other gender.
     8    (3) In making appointments of commissioners, the  number  of  appoint-
     9  ments  by  an appointing power of one gender may not exceed by more than
    10  one the number of appointments from the other gender.  When  an  unequal
    11  number of appointments has been made from each gender, a vacant position
    12  shall be filled by a person from the gender with fewer appointees.
    13    (4)  In  the  event  of  an uneven number of positions, the appointing
    14  power shall fill a vacancy with a member of the gender  whose  represen-
    15  tation was of a lesser number when an opening occurs.
    16    d.  The  appointing  power  shall  undertake  all efforts necessary to
    17  obtain lists of names of qualified  candidates  to  be  recommended  for
    18  appointment,  in  furtherance  of  the advancement of the policy of this
    19  subdivision to achieve equal numbers of appointments of men and women as
    20  commissioners pursuant to this subdivision.
    21    e. Multiple appointing powers charged with the appointment of individ-
    22  uals as commissioners shall consult each other to avoid a  violation  of
    23  this subdivision.
    24    f. Nothing in this subdivision shall be construed to prohibit an indi-
    25  vidual  from completing a term for which the person was appointed, prior
    26  to the effective date of this subdivision.
    27    § 2. Article 4 of section 1 of chapter 154 of the laws of 1921, relat-
    28  ing to the port authority of New York and  New  Jersey,  as  amended  by
    29  chapter  559 of the laws of 2015, is amended by adding a new subdivision
    30  2-a to read as follows:
    31    2-a. Gender balance in the port authority. a. For the purposes of this
    32  subdivision, the following terms  shall  have  the  following  meanings,
    33  unless the context otherwise requires:
    34    (1)  "gender balance" means an equal number of women and men appointed
    35  to the board of commissioners or as officers of the port authority;
    36    (2) "appointing power" means an individual or body  charged  with  the
    37  responsibility  to  appoint  others  to the board of commissioners or as
    38  officers of the port authority.
    39    b. (1) Appointments made to the board of commissioners or appointments
    40  of officers of the port authority shall be gender balanced.
    41    (2) No person shall be  appointed  or  reappointed  to  the  board  of
    42  commissioners  or  appointed  or  reappointed  as an officer of the port
    43  authority if that appointment or reappointment would cause the number of
    44  members of such board of commissioners or  number  of  officers  of  one
    45  gender to be greater than one-half plus one.
    46    c.  (1)  An  appointing  power  shall make appointment to the board of
    47  commissioners or the appointment of officers of the port authority in  a
    48  manner which will ensure that women comprise approximately fifty percent
    49  of  the  membership of the board of commissioners or the number of offi-
    50  cers of the port authority.
    51    (2) 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 the  board  of  commissioners  or  as
    54  officers  of  the  port  authority  exceeds the number of persons of the
    55  other gender.

        A. 9026                             3
 
     1    (3) In making appointments to the board of commissioners or  as  offi-
     2  cers  of the port authority, the number of appointments by an appointing
     3  power of one gender may not exceed  by  more  than  one  the  number  of
     4  appointments  from  the other gender. When an unequal number of appoint-
     5  ments  has been made from each gender, a vacant position shall be filled
     6  by a person from the gender with fewer appointees.
     7    (4) In the event of an uneven  number  of  positions,  the  appointing
     8  power  shall  fill a vacancy with a member of the gender whose represen-
     9  tation was of a lesser number when an opening occurs.
    10    d. The appointing power  shall  undertake  all  efforts  necessary  to
    11  obtain  lists  of  names  of  qualified candidates to be recommended for
    12  appointment, in furtherance of the advancement of  the  policy  of  this
    13  subdivision to achieve equal numbers of appointments of men and women to
    14  appointive positions pursuant to this subdivision.
    15    e. Multiple appointing powers charged with the appointment of individ-
    16  uals  to the board of commissioners or as officers of the port authority
    17  shall consult each other to avoid a violation of this subdivision.
    18    f. Nothing in this subdivision shall be construed to prohibit an indi-
    19  vidual from completing a term for which the person was appointed,  prior
    20  to the effective date of this subdivision.
    21    §  3.  Sections  one  and  two  of this act shall take effect upon the
    22  enactment into law by the state of New Jersey of legislation  having  an
    23  identical  effect  with  this  act, but if the state of New Jersey shall
    24  have already enacted such legislation, section one  of  this  act  shall
    25  take  effect  immediately; provided, however, if chapter 559 of the laws
    26  of 2015 shall not have taken effect on or before such date then  section
    27  two  of  this  act  shall  take  effect on the same date and in the same
    28  manner as such chapter of the laws of 2015 takes effect;  provided  that
    29  the  state  of  New  Jersey  shall  notify the legislative bill drafting
    30  commission upon the occurrence  of  the  enactment  of  the  legislation
    31  provided  for  in  sections  one  and  two of this act in order that the
    32  commission may maintain an accurate and timely effective  data  base  of
    33  the official text of the laws of the state of New York in furtherance of
    34  effectuating  the  provisions  of  section 44 of the legislative law and
    35  section 70-b of the public officers law.
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