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A00477 Summary:

COSPNSRAubry, De La Rosa, Galef, Jean-Pierre, Nolan, Seawright, Epstein, Rodriguez, Taylor, Cruz, Simon, Griffin, Pichardo, Dickens, Cook, Fernandez, Otis, Reyes, Wallace, Colton, Barron
Add §2829, Pub Auth L
Relates to gender balance on boards of state and local public authorities.
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A00477 Text:

                STATE OF NEW YORK
                                                                 Cal. No. 34
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced  by  M.  of  A.  ROZIC,  AUBRY,  GALEF,  JEAN-PIERRE,  NOLAN,
          FERNANDEZ,  OTIS,  REYES, WALLACE, COLTON -- read once and referred to
          the Committee on Corporations, Authorities and Commissions --  ordered
          to a third reading, amended and ordered reprinted, retaining its place
          on the order of third reading
        AN  ACT  to  amend  the  public  authorities  law, in relation to gender
          balance in state and local public authorities; and providing  for  the
          repeal of such provisions upon the expiration thereof
          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.  Program promoting women to state and local authority boards.
     4  1. The legislature finds that there is  a  need  to  promote  women  for
     5  recommendation and appointment to state and local authority boards in an
     6  effort  to  reverse  a  long  history of discrimination against women on
     7  boards of public authorities. The program proposed by this section would
     8  provide for the use of gender as a factor  when  making  recommendations
     9  and  appointments  to  state  and  local  authority boards. This section
    10  serves to achieve the benefits that come with the important governmental
    11  objective of attaining gender diversity on  state  and  local  authority
    12  boards.
    13    2.  For  the  purposes of this section, the following terms shall have
    14  the following meanings, unless the context otherwise requires:
    15    (a) "Gender balance" means providing women candidates with  a  prefer-
    16  ence when appointing individuals to boards;
    17    (b)  "Appointing  power" means an individual or government or legisla-
    18  tive body charged with the responsibility to recommend  for  appointment
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 477--A                           2
     1  or  to  appoint or reappoint a person or persons to the board of a state
     2  or local authority.
     3    (c)  "Board" means the governing board or governing body or other such
     4  governing entity of local and state authorities.
     5    (d) "Preference" means the act of favoring  one  person  over  another
     6  that  is  inversely  proportional, provided however, such favoring shall
     7  not be dispositive.
     8    (e) "Inversely proportional" means the greater the percentage of women
     9  on the board the lower the weight of the preference and  the  lower  the
    10  percentage  of  women on the board the greater the weight of the prefer-
    11  ence.
    12    3. (a) All appointive state and local authorities heretofore or  here-
    13  after  established  by  law or resolution shall have recommendations for
    14  appointments, or reappointments that are gender balanced as provided  by
    15  this section.
    16    (b)  Persons  shall be recommended for appointment, appointed or reap-
    17  pointed to any state or local authority  only  if  that  recommendation,
    18  appointment  or  reappointment  is  gender  balanced as provided by this
    19  section.
    20    4. An appointing power shall make  recommendations,  appointments  and
    21  reappointments  to  state  and local authorities created prior to, on or
    22  after August first, two thousand twenty-two,  in  a  manner  which  will
    23  ensure  a  gender  balanced appointment or reappointment for each public
    24  authority.
    25    5. The appointing power  shall  undertake  all  efforts  necessary  to
    26  obtain  lists  of  names  of  qualified candidates to be recommended for
    27  appointment to state  and  local  authorities,  in  furtherance  of  the
    28  advancement  of  the  policy  of this section to achieve gender balanced
    29  appointments and reappointments to  state  and  local  authority  boards
    30  pursuant to subdivisions three and four of this section.
    31    6.   Multiple  appointing  powers  charged  with  the  recommendation,
    32  appointment or reappointment of individuals to the same state  or  local
    33  public  authority  shall  consult each other in order to comply with the
    34  requirements of this section.
    35    7. Nothing in this section shall be construed to prohibit an  individ-
    36  ual  from completing a term for which the person was appointed, prior to
    37  the effective date of this section.
    38    8. Each  state  and  local  authority  shall  include  the  number  of
    39  appointed  or  reappointed board members in the last year, the number of
    40  women board members appointed or  reappointed  in  the  last  year,  the
    41  current  number  of  board  members  on the board and the gender of such
    42  board members in the annual report required pursuant to section  twenty-
    43  eight hundred of this article.
    44    § 2. This act shall take effect August 1, 2022 and shall expire and be
    45  deemed repealed on and after August 1, 2032.
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