S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    627
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC, NOLAN, DE LA ROSA, AUBRY, JAFFEE, DAVILA,
   JEAN-PIERRE, D'URSO, SEAWRIGHT  --  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:
 
   Section 1. Article 4 of section 1 of chapter 154 of the laws  of  1921
 relating to the port authority of New York and New Jersey, as amended by
 chapter 419 of the laws of 1930, is amended to read as follows:
                                ARTICLE IV
   1.  COMMISSIONERS.  The port authority shall consist of twelve commis-
 sioners, six resident voters from the state of New York, at  least  four
 of  whom shall be resident voters of the city of New York, and six resi-
 dent voters from the state of New Jersey, at least four of whom shall be
 resident voters within the New Jersey portion of the district,  the  New
 York  members  to  be chosen by the state of New York and the New Jersey
 members by the state of New Jersey in the manner and for the terms fixed
 and determined from time to  time  by  the  legislature  of  each  state
 respectively,  except  as  herein  provided.  Each  commissioner  may be
 removed or suspended from office as provided by the  law  of  the  state
 from which he shall be appointed.
   2.  GENDER  BALANCE IN THE PORT AUTHORITY. A. FOR THE PURPOSES OF THIS
 SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING  MEANINGS,
 UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (1)  "GENDER BALANCE" MEANS AN EQUAL NUMBER OF WOMEN AND MEN APPOINTED
 AS COMMISSIONERS OF THE PORT AUTHORITY;
   (2) "APPOINTING POWER" MEANS THE INDIVIDUAL OR BODY CHARGED  WITH  THE
 RESPONSIBILITY TO APPOINT OTHERS AS COMMISSIONERS TO THE PORT AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01326-01-9

 A. 627                              2
 
   B.  (1)  ALL APPOINTMENTS OF COMMISSIONERS OF THE PORT AUTHORITY SHALL
 BE GENDER BALANCED.
   (2)  NO  PERSON SHALL BE APPOINTED OR REAPPOINTED AS A COMMISSIONER IF
 THAT APPOINTMENT OR REAPPOINTMENT WOULD CAUSE THE NUMBER OF  COMMISSION-
 ERS OF ONE GENDER TO BE GREATER THAN ONE-HALF PLUS ONE.
   C. (1) AN APPOINTING POWER SHALL MAKE APPOINTMENTS OF COMMISSIONERS IN
 A  MANNER  WHICH  WILL  ENSURE  THAT  WOMEN COMPRISE APPROXIMATELY FIFTY
 PERCENT OF APPOINTED COMMISSIONERS.
   (2) THE APPOINTING POWER SHALL APPOINT A PERSON FROM THE GENDER  WHICH
 HAS  FEWER  APPOINTEES  TO  ANY  VACANT  POSITION WHENEVER THE NUMBER OF
 PERSONS OF ONE GENDER APPOINTED AS COMMISSIONERS EXCEEDS THE  NUMBER  OF
 PERSONS OF THE OTHER GENDER.
   (3)  IN  MAKING  APPOINTMENTS OF COMMISSIONERS, THE NUMBER OF APPOINT-
 MENTS BY AN APPOINTING POWER OF ONE GENDER MAY NOT EXCEED BY  MORE  THAN
 ONE  THE  NUMBER  OF APPOINTMENTS FROM THE OTHER GENDER. WHEN AN UNEQUAL
 NUMBER OF APPOINTMENTS HAS BEEN MADE FROM EACH GENDER, A VACANT POSITION
 SHALL BE FILLED BY A PERSON FROM THE GENDER WITH FEWER APPOINTEES.
   (4) IN THE EVENT OF AN UNEVEN  NUMBER  OF  POSITIONS,  THE  APPOINTING
 POWER  SHALL  FILL A VACANCY WITH A MEMBER OF THE GENDER WHOSE REPRESEN-
 TATION WAS OF A LESSER NUMBER WHEN AN OPENING OCCURS.
   D. THE APPOINTING POWER  SHALL  UNDERTAKE  ALL  EFFORTS  NECESSARY  TO
 OBTAIN  LISTS  OF  NAMES  OF  QUALIFIED CANDIDATES TO BE RECOMMENDED FOR
 APPOINTMENT, IN FURTHERANCE OF THE ADVANCEMENT OF  THE  POLICY  OF  THIS
 SUBDIVISION TO ACHIEVE EQUAL NUMBERS OF APPOINTMENTS OF MEN AND WOMEN AS
 COMMISSIONERS PURSUANT TO THIS SUBDIVISION.
   E. MULTIPLE APPOINTING POWERS CHARGED WITH THE APPOINTMENT OF INDIVID-
 UALS  AS  COMMISSIONERS SHALL CONSULT EACH OTHER TO AVOID A VIOLATION OF
 THIS SUBDIVISION.
   F. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT AN INDI-
 VIDUAL FROM COMPLETING A TERM FOR WHICH THE PERSON WAS APPOINTED,  PRIOR
 TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. Article 4 of section 1 of chapter 154 of the laws of 1921, relat-
 ing  to  the  port  authority  of New York and New Jersey, as amended by
 chapter 559 of the laws of 2015, is amended by adding a new  subdivision
 2-a to read as follows:
   2-A. GENDER BALANCE IN THE PORT AUTHORITY. A. FOR THE PURPOSES OF THIS
 SUBDIVISION,  THE  FOLLOWING  TERMS  SHALL  HAVE THE FOLLOWING MEANINGS,
 UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (1) "GENDER BALANCE" MEANS AN EQUAL NUMBER OF WOMEN AND MEN  APPOINTED
 TO THE BOARD OF COMMISSIONERS OR AS OFFICERS OF THE PORT AUTHORITY;
   (2)  "APPOINTING  POWER"  MEANS AN INDIVIDUAL OR BODY CHARGED WITH THE
 RESPONSIBILITY TO APPOINT OTHERS TO THE BOARD  OF  COMMISSIONERS  OR  AS
 OFFICERS OF THE PORT AUTHORITY.
   B. (1) APPOINTMENTS MADE TO THE BOARD OF COMMISSIONERS OR APPOINTMENTS
 OF OFFICERS OF THE PORT AUTHORITY SHALL BE GENDER BALANCED.
   (2)  NO  PERSON  SHALL  BE  APPOINTED  OR  REAPPOINTED TO THE BOARD OF
 COMMISSIONERS OR APPOINTED OR REAPPOINTED AS  AN  OFFICER  OF  THE  PORT
 AUTHORITY IF THAT APPOINTMENT OR REAPPOINTMENT WOULD CAUSE THE NUMBER OF
 MEMBERS  OF  SUCH  BOARD  OF  COMMISSIONERS OR NUMBER OF OFFICERS OF ONE
 GENDER TO BE GREATER THAN ONE-HALF PLUS ONE.
   C. (1) AN APPOINTING POWER SHALL MAKE  APPOINTMENT  TO  THE  BOARD  OF
 COMMISSIONERS  OR THE APPOINTMENT OF OFFICERS OF THE PORT AUTHORITY IN A
 MANNER WHICH WILL ENSURE THAT WOMEN COMPRISE APPROXIMATELY FIFTY PERCENT
 OF THE MEMBERSHIP OF THE BOARD OF COMMISSIONERS OR THE NUMBER  OF  OFFI-
 CERS OF THE PORT AUTHORITY.

 A. 627                              3
 
   (2)  THE APPOINTING POWER SHALL APPOINT A PERSON FROM THE GENDER WHICH
 HAS FEWER APPOINTEES TO ANY  VACANT  POSITION  WHENEVER  THE  NUMBER  OF
 PERSONS  OF  ONE  GENDER  APPOINTED  TO THE BOARD OF COMMISSIONERS OR AS
 OFFICERS OF THE PORT AUTHORITY EXCEEDS THE  NUMBER  OF  PERSONS  OF  THE
 OTHER GENDER.
   (3)  IN  MAKING APPOINTMENTS TO THE BOARD OF COMMISSIONERS OR AS OFFI-
 CERS OF THE PORT AUTHORITY, THE NUMBER OF APPOINTMENTS BY AN  APPOINTING
 POWER  OF  ONE  GENDER  MAY  NOT  EXCEED  BY MORE THAN ONE THE NUMBER OF
 APPOINTMENTS FROM THE OTHER GENDER. WHEN AN UNEQUAL NUMBER  OF  APPOINT-
 MENTS  HAS BEEN MADE FROM EACH GENDER, A VACANT POSITION SHALL BE FILLED
 BY A PERSON FROM THE GENDER WITH FEWER APPOINTEES.
   (4) IN THE EVENT OF AN UNEVEN  NUMBER  OF  POSITIONS,  THE  APPOINTING
 POWER  SHALL  FILL A VACANCY WITH A MEMBER OF THE GENDER WHOSE REPRESEN-
 TATION WAS OF A LESSER NUMBER WHEN AN OPENING OCCURS.
   D. THE APPOINTING POWER  SHALL  UNDERTAKE  ALL  EFFORTS  NECESSARY  TO
 OBTAIN  LISTS  OF  NAMES  OF  QUALIFIED CANDIDATES TO BE RECOMMENDED FOR
 APPOINTMENT, IN FURTHERANCE OF THE ADVANCEMENT OF  THE  POLICY  OF  THIS
 SUBDIVISION TO ACHIEVE EQUAL NUMBERS OF APPOINTMENTS OF MEN AND WOMEN TO
 APPOINTIVE POSITIONS PURSUANT TO THIS SUBDIVISION.
   E. MULTIPLE APPOINTING POWERS CHARGED WITH THE APPOINTMENT OF INDIVID-
 UALS  TO THE BOARD OF COMMISSIONERS OR AS OFFICERS OF THE PORT AUTHORITY
 SHALL CONSULT EACH OTHER TO AVOID A VIOLATION OF THIS SUBDIVISION.
   F. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT AN INDI-
 VIDUAL FROM COMPLETING A TERM FOR WHICH THE PERSON WAS APPOINTED,  PRIOR
 TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  3.  Sections  one  and  two  of this act shall take effect upon the
 enactment into law by the state of New Jersey of legislation  having  an
 identical  effect  with  this  act, but if the state of New Jersey shall
 have already enacted such legislation, section one  of  this  act  shall
 take  effect  immediately; provided, however, if chapter 559 of the laws
 of 2015 shall not have taken effect on or before such date then  section
 two  of  this  act  shall  take  effect on the same date and in the same
 manner as such chapter of the laws of 2015 takes effect;  provided  that
 the  state  of  New  Jersey  shall  notify the legislative bill drafting
 commission upon the occurrence  of  the  enactment  of  the  legislation
 provided  for  in  sections  one  and  two of this act in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law.