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A09027 Summary:

BILL NOA09027
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSRNolan, De La Rosa, Aubry, Jaffee, Blake, Jean-Pierre, D'Urso, Seawright, Galef
 
MLTSPNSR
 
Add 2829, Pub Auth L; add 856-a, Gen Muni L; add 1411-a, N-PC L
 
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.
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A09027 Text:



 
                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.
                                                                   LBD10962-02-8

        A. 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,  the

        A. 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.
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