NY State Senate Bill 2019-S2595B

Senate Bill S2595B

2019-2020 Legislative Session

Relates to gender balance in public authorities, industrial development agencies and local development corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2020	print number 2595b
Aug 03, 2020	amend and recommit to corporations, authorities and commissions
Jan 08, 2020	referred to corporations, authorities and commissions
May 01, 2019	print number 2595a
May 01, 2019	amend (t) and recommit to corporations, authorities and commissions
Jan 28, 2019	referred to corporations, authorities and commissions

Bill Amendments

Original

B (Active)

2019-S2595 - Details

See Assembly Version of this Bill:: A587
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2829, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9027
2021-2022: S460, A477
2023-2024: S2921, A5212

2019-S2595 - Summary

Relates to gender balance on boards of state and local public authorities.

2019-S2595 - Sponsor Memo

                                
 
BILL NUMBER: S2595

SPONSOR: BIAGGI
 
TITLE OF BILL:

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 develop-
ment corporations

 
PURPOSE:

To provide gender balance in the appointment of members to appointed
positions of state and local public authorities, industrial development
agencies and local development corporations.

 
SUMMARY OF PROVISIONS:

Section I amends the public authorities law by adding a new section 2829
to provide that all appointive state and local public authorities must
be gender balanced. Section I defines "gender balance" and "appointing

power."

Section II amends the general municipal law by adding a new section
856-a to provide that all appointive industrial development agencies
must be gender balanced. Section II defines "gender balance" and
"appointing power."

Section III amends the not-for-profit corporation law by adding new
section 1411-a to provide that all appointive local development corpo-
rations must be gender balanced. Section III defines "gender balance"
and "appointing power."

Section IV sets forth the effective date.

 
JUSTIFICATION:

New York is behind when compared nationally and globally on correcting
the leadership gap between women and men. Although women make up more
than half of New York's population, they make up an underwhelming 22% of
positions on state boards.

To address the gender gap in New York, this bill would require appoint-
ing powers to ensure public authorities, industrial development agen-
cies, and local development corporations are gender balanced by appoint-
ing an equal number of women and men to serve. The bill also provides
measures appointing powers would be able to follow in the event board
make-up cannot be comprised of 50% women and 50% men.

While legislation addressing women on boards and women in the workforce
is more common outside of the United States, it is imperative that we
use these successful models to effectively increase the diversity of
boards across the state.

 
LEGISLATIVE HISTORY:

2018: A9027 (Rome) - Corporations, Authorities, and Commissions

 
FISCAL IMPACT ON TILE STATE:
None.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2020.

2019-S2595 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2595
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed 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:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 2829 to read as follows:
   § 2829. GENDER BALANCE IN PUBLIC AUTHORITIES. 1. FOR THE  PURPOSES  OF
 THIS  SECTION,  THE  FOLLOWING  TERMS SHALL HAVE THE FOLLOWING MEANINGS,
 UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A) "GENDER BALANCE" MEANS AN EQUAL NUMBER OF WOMEN AND  MEN  SELECTED
 TO APPOINTIVE POSITIONS;
   (B)  "APPOINTING  POWER" MEANS AN INDIVIDUAL OR GOVERNMENT OR LEGISLA-
 TIVE BODY OR INDIVIDUAL OR INDIVIDUALS CHARGED WITH  THE  RESPONSIBILITY
 TO  APPOINT  OTHERS  TO  APPOINTIVE  POSITIONS ON STATE AND LOCAL PUBLIC
 AUTHORITIES.
   2. (A) ALL APPOINTIVE STATE AND LOCAL PUBLIC AUTHORITIES HERETOFORE OR
 HEREAFTER ESTABLISHED BY LAW OR RESOLUTION SHALL BE GENDER BALANCED.
   (B) NO PERSON SHALL BE APPOINTED OR REAPPOINTED TO ANY STATE OR  LOCAL
 PUBLIC  AUTHORITY  IF  THAT APPOINTMENT OR REAPPOINTMENT WOULD CAUSE THE
 NUMBER OF MEMBERS OF SUCH PUBLIC AUTHORITY OF ONE GENDER TO  BE  GREATER
 THAN ONE-HALF OF THE PUBLIC AUTHORITY, PLUS ONE.
   3.  (A) AN APPOINTING POWER SHALL MAKE APPOINTMENTS TO STATE AND LOCAL
 PUBLIC AUTHORITIES CREATED PRIOR TO, ON  OR  AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY,  IN  A  MANNER  WHICH  WILL ENSURE THAT WOMEN COMPRISE
 APPROXIMATELY FIFTY PERCENT OF THE MEMBERSHIP ON EACH PUBLIC AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01324-01-9

 S. 2595                             2
 
   (B) 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 A STATE  OR  LOCAL  PUBLIC  AUTHORITY
 CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY EXCEEDS
 THE  NUMBER  OF  PERSONS  OF  THE  OTHER GENDER APPOINTED TO THAT PUBLIC
 AUTHORITY.
   (C) IN MAKING APPOINTMENTS TO ANY  STATE  OR  LOCAL  PUBLIC  AUTHORITY
 CREATED  PRIOR  TO,  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, 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 APPOINTMENTS HAS BEEN MADE  FROM  EACH
 GENDER,  A  VACANT  POSITION SHALL BE FILLED BY A PERSON FROM THE GENDER
 WITH FEWER APPOINTEES ON THE PUBLIC AUTHORITY.
   (D) IN THE EVENT A STATE OR  LOCAL  PUBLIC  AUTHORITY  HAS  AN  UNEVEN
 NUMBER OF APPOINTIVE POSITIONS, THE APPOINTING POWER SHALL FILL A VACAN-
 CY  WITH  A  MEMBER  OF  THE GENDER WHOSE REPRESENTATION WAS OF A LESSER
 NUMBER WHEN AN OPENING OCCURS. IN THE EVENT A NEW STATE OR LOCAL  PUBLIC
 AUTHORITY WHOSE MEMBERSHIP HAS AN UNEQUAL NUMBER OF REPRESENTATIVES FROM
 ONE  GENDER IS CREATED THE APPOINTING POWER SHALL APPOINT INDIVIDUALS IN
 CONFORMANCE WITH THE GOALS OF THIS SECTION.
   4. THE APPOINTING POWER  SHALL  UNDERTAKE  ALL  EFFORTS  NECESSARY  TO
 OBTAIN  LISTS  OF  NAMES  OF  QUALIFIED CANDIDATES TO BE RECOMMENDED FOR
 APPOINTMENT TO STATE AND LOCAL PUBLIC AUTHORITIES, IN FURTHERANCE OF THE
 ADVANCEMENT OF THE POLICY OF THIS SECTION TO ACHIEVE  EQUAL  NUMBERS  OF
 APPOINTMENTS OF MEN AND WOMEN TO APPOINTIVE POSITIONS PURSUANT TO SUBDI-
 VISIONS TWO AND THREE OF THIS SECTION.
   5. MULTIPLE APPOINTING POWERS CHARGED WITH THE APPOINTMENT OF INDIVID-
 UALS  TO  THE  SAME  STATE  OR LOCAL PUBLIC AUTHORITY SHALL CONSULT EACH
 OTHER TO AVOID A VIOLATION OF THIS SECTION.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN  INDIVID-
 UAL  FROM COMPLETING A TERM FOR WHICH THE PERSON WAS APPOINTED, PRIOR TO
 THE EFFECTIVE DATE OF THIS SECTION.
   § 2. The general municipal law is amended  by  adding  a  new  section
 856-a to read as follows:
   § 856-A. GENDER BALANCE IN INDUSTRIAL DEVELOPMENT AGENCIES. 1. FOR THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A) "GENDER BALANCE" MEANS AN EQUAL NUMBER OF WOMEN AND  MEN  SELECTED
 TO APPOINTIVE POSITIONS;
   (B)  "APPOINTING  POWER" MEANS AN INDIVIDUAL OR GOVERNMENT OR LEGISLA-
 TIVE BODY OR INDIVIDUAL OR INDIVIDUALS CHARGED WITH  THE  RESPONSIBILITY
 TO  APPOINT  OTHERS  TO  APPOINTIVE  POSITIONS ON INDUSTRIAL DEVELOPMENT
 AGENCIES.
   2. (A) ALL APPOINTIVE INDUSTRIAL DEVELOPMENT  AGENCIES  HERETOFORE  OR
 HEREAFTER ESTABLISHED BY LAW OR RESOLUTION SHALL BE GENDER BALANCED.
   (B)  NO  PERSON  SHALL  BE  APPOINTED OR REAPPOINTED TO ANY INDUSTRIAL
 DEVELOPMENT AGENCY IF THAT APPOINTMENT OR REAPPOINTMENT WOULD CAUSE  THE
 NUMBER OF MEMBERS OF SUCH INDUSTRIAL DEVELOPMENT AGENCY OF ONE GENDER TO
 BE GREATER THAN ONE-HALF OF THE INDUSTRIAL DEVELOPMENT AGENCY, PLUS ONE.
   3. (A) AN APPOINTING POWER SHALL MAKE APPOINTMENT TO INDUSTRIAL DEVEL-
 OPMENT  AGENCIES  CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY, IN A MANNER WHICH WILL ENSURE THAT WOMEN COMPRISE  APPROXI-
 MATELY  FIFTY  PERCENT  OF THE MEMBERSHIP ON EACH INDUSTRIAL DEVELOPMENT
 AGENCY.
   (B) THE APPOINTING POWER SHALL APPOINT A PERSON FROM THE GENDER  WHICH
 HAS  FEWER  APPOINTEES  TO  ANY  VACANT  POSITION WHENEVER THE NUMBER OF

 S. 2595                             3
 
 PERSONS OF ONE GENDER APPOINTED  TO  AN  INDUSTRIAL  DEVELOPMENT  AGENCY
 CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY EXCEEDS
 THE  NUMBER  OF PERSONS OF THE OTHER GENDER APPOINTED TO THAT INDUSTRIAL
 DEVELOPMENT AGENCY.
   (C)  IN  MAKING  APPOINTMENTS  TO  ANY  INDUSTRIAL  DEVELOPMENT AGENCY
 CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY,  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 APPOINTMENTS HAS BEEN MADE FROM EACH
 GENDER, A VACANT POSITION SHALL BE FILLED BY A PERSON  FROM  THE  GENDER
 WITH FEWER APPOINTEES ON THE INDUSTRIAL DEVELOPMENT AGENCY.
   (D) IN THE EVENT AN INDUSTRIAL DEVELOPMENT AGENCY HAS AN UNEVEN NUMBER
 OF  APPOINTIVE POSITIONS, THE APPOINTING POWER SHALL FILL A VACANCY WITH
 A MEMBER OF THE GENDER WHOSE REPRESENTATION WAS OF A LESSER NUMBER  WHEN
 AN  OPENING  OCCURS.  IN  THE  EVENT A NEW INDUSTRIAL DEVELOPMENT AGENCY
 WHOSE MEMBERSHIP HAS AN  UNEQUAL  NUMBER  OF  REPRESENTATIVES  FROM  ONE
 GENDER  IS  CREATED  THE  APPOINTING  POWER SHALL APPOINT INDIVIDUALS IN
 CONFORMANCE WITH THE GOALS OF THIS SECTION.
   4. THE APPOINTING POWER  SHALL  UNDERTAKE  ALL  EFFORTS  NECESSARY  TO
 OBTAIN  LISTS  OF  NAMES  OF  QUALIFIED CANDIDATES TO BE RECOMMENDED FOR
 APPOINTMENT TO INDUSTRIAL DEVELOPMENT AGENCIES, IN  FURTHERANCE  OF  THE
 ADVANCEMENT  OF  THE  POLICY OF THIS SECTION TO ACHIEVE EQUAL NUMBERS OF
 APPOINTMENTS OF MEN AND WOMEN TO APPOINTIVE POSITIONS PURSUANT TO SUBDI-
 VISIONS TWO AND THREE OF THIS SECTION.
   5. MULTIPLE APPOINTING POWERS CHARGED WITH THE APPOINTMENT OF INDIVID-
 UALS TO THE SAME INDUSTRIAL  DEVELOPMENT  AGENCIES  SHALL  CONSULT  EACH
 OTHER TO AVOID A VIOLATION OF THIS SECTION.
   6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN INDIVID-
 UAL FROM COMPLETING A TERM FOR WHICH THE PERSON WAS APPOINTED, PRIOR  TO
 THE EFFECTIVE DATE OF THIS SECTION.
   §  3.  The  not-for-profit  corporation law is amended by adding a new
 section 1411-a to read as follows:
 § 1411-A. GENDER BALANCE IN LOCAL DEVELOPMENT CORPORATIONS.
   (A) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (1)  "GENDER  BALANCE" MEANS AN EQUAL NUMBER OF WOMEN AND MEN SELECTED
 AS MEMBERS OF A LOCAL DEVELOPMENT CORPORATION; AND
   (2) "APPOINTING POWER" MEANS AN INDIVIDUAL OR GOVERNMENT  OR  LEGISLA-
 TIVE  BODY  OR INDIVIDUAL OR INDIVIDUALS CHARGED WITH THE RESPONSIBILITY
 TO APPOINT OTHERS TO APPOINTIVE POSITIONS ON  LOCAL  DEVELOPMENT  CORPO-
 RATIONS.
   (B)  (1)  ALL  APPOINTIVE LOCAL DEVELOPMENT CORPORATIONS HERETOFORE OR
 HEREAFTER ESTABLISHED BY LAW OR RESOLUTION SHALL BE GENDER BALANCED.
   (2) NO PERSON SHALL BE APPOINTED OR REAPPOINTED TO ANY LOCAL  DEVELOP-
 MENT  CORPORATIONS  IF THAT APPOINTMENT OR REAPPOINTMENT WOULD CAUSE THE
 NUMBER OF MEMBERS OF SUCH LOCAL DEVELOPMENT CORPORATION OF ONE GENDER TO
 BE GREATER THAN ONE-HALF OF THE LOCAL DEVELOPMENT CORPORATION, PLUS ONE.
   (C) (1) AN APPOINTING POWER SHALL MAKE APPOINTMENT TO  LOCAL  DEVELOP-
 MENT CORPORATIONS CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND  TWENTY, IN A MANNER WHICH WILL ENSURE THAT WOMEN COMPRISE APPROXI-
 MATELY FIFTY  PERCENT  OF  THE  MEMBERSHIP  ON  EACH  LOCAL  DEVELOPMENT
 CORPORATIONS.
   (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  A LOCAL DEVELOPMENT CORPORATION
 CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY EXCEEDS

 S. 2595                             4
 
 THE NUMBER OF PERSONS OF THE OTHER GENDER APPOINTED TO THAT LOCAL DEVEL-
 OPMENT CORPORATION.
   (3)  IN  MAKING  APPOINTMENTS  TO  ANY  LOCAL  DEVELOPMENT CORPORATION
 CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY,  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 APPOINTMENTS HAS BEEN MADE FROM EACH
 GENDER, A VACANT POSITION SHALL BE FILLED BY A PERSON  FROM  THE  GENDER
 WITH FEWER APPOINTEES ON THE LOCAL DEVELOPMENT CORPORATION.
   (4) IN THE EVENT A LOCAL DEVELOPMENT CORPORATIONS HAS AN UNEVEN NUMBER
 OF  APPOINTIVE POSITIONS, THE APPOINTING POWER SHALL FILL A VACANCY WITH
 A MEMBER OF THE GENDER WHOSE REPRESENTATION WAS OF A LESSER NUMBER  WHEN
 AN  OPENING  OCCURS.  IN  THE  EVENT A NEW LOCAL DEVELOPMENT CORPORATION
 WHOSE MEMBERSHIP HAS AN  UNEQUAL  NUMBER  OF  REPRESENTATIVES  FROM  ONE
 GENDER  IS  CREATED  THE  APPOINTING  POWER SHALL APPOINT INDIVIDUALS IN
 CONFORMANCE WITH THE GOALS OF THIS SECTION.
   (D) THE APPOINTING POWER SHALL  UNDERTAKE  ALL  EFFORTS  NECESSARY  TO
 OBTAIN  LISTS  OF  NAMES  OF  QUALIFIED CANDIDATES TO BE RECOMMENDED FOR
 APPOINTMENT TO LOCAL DEVELOPMENT CORPORATIONS,  IN  FURTHERANCE  OF  THE
 ADVANCEMENT  OF  THE  POLICY OF THIS SECTION TO ACHIEVE EQUAL NUMBERS OF
 APPOINTMENTS OF MEN AND WOMEN TO APPOINTIVE POSITIONS PURSUANT TO  PARA-
 GRAPHS (B) AND (C) OF THIS SECTION.
   (E)  MULTIPLE  APPOINTING POWERS CHARGED WITH THE APPOINTMENT OF INDI-
 VIDUALS TO THE SAME LOCAL DEVELOPMENT  CORPORATION  SHALL  CONSULT  EACH
 OTHER TO AVOID A VIOLATION OF THIS SECTION.
   (F) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN INDIVID-
 UAL  FROM COMPLETING A TERM FOR WHICH THE PERSON WAS APPOINTED, PRIOR TO
 THE EFFECTIVE DATE OF THIS SECTION.
   § 4. This act shall take effect January 1, 2020.

2019-S2595A - Details

See Assembly Version of this Bill:: A587
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2829, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9027
2021-2022: S460, A477
2023-2024: S2921, A5212

2019-S2595A - Summary

Relates to gender balance on boards of state and local public authorities.

2019-S2595A - Sponsor Memo

2019-S2595A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2595--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 2829 to read as follows:
   § 2829. PROGRAM PROMOTING WOMEN TO STATE AND LOCAL  AUTHORITY  BOARDS.
 1.  THE  LEGISLATURE  FINDS  THAT  THERE  IS A NEED TO PROMOTE WOMEN FOR
 RECOMMENDATION AND APPOINTMENT TO STATE AND LOCAL AUTHORITY BOARDS IN AN
 EFFORT TO REVERSE A LONG HISTORY  OF  DISCRIMINATION  AGAINST  WOMEN  ON
 BOARDS OF PUBLIC AUTHORITIES. THE PROGRAM PROPOSED BY THIS SECTION WOULD
 PROVIDE  FOR  THE  USE OF GENDER AS A FACTOR WHEN MAKING RECOMMENDATIONS
 AND APPOINTMENTS TO STATE  AND  LOCAL  AUTHORITY  BOARDS.  THIS  SECTION
 SERVES TO ACHIEVE THE BENEFITS THAT COME WITH THE IMPORTANT GOVERNMENTAL
 OBJECTIVE  OF  ATTAINING  GENDER  DIVERSITY ON STATE AND LOCAL AUTHORITY
 BOARDS.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A)  "GENDER  BALANCE" MEANS PROVIDING WOMEN CANDIDATES WITH A PREFER-
 ENCE WHEN APPOINTING INDIVIDUALS TO BOARDS;
   (B) "APPOINTING POWER" MEANS AN INDIVIDUAL OR GOVERNMENT  OR  LEGISLA-
 TIVE  BODY  CHARGED WITH THE RESPONSIBILITY TO RECOMMEND FOR APPOINTMENT
 OR TO APPOINT OR REAPPOINT A PERSON OR PERSONS TO THE BOARD OF  A  STATE
 OR LOCAL AUTHORITY.
   (C)  "BOARD" MEANS THE GOVERNING BOARD OR GOVERNING BODY OR OTHER SUCH
 GOVERNING ENTITY OF LOCAL AND STATE AUTHORITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01324-03-9

 S. 2595--A                          2
 
   (D) "PREFERENCE" MEANS THE ACT OF FAVORING  ONE  PERSON  OVER  ANOTHER
 THAT  IS  INVERSELY  PROPORTIONAL, PROVIDED HOWEVER, SUCH FAVORING SHALL
 NOT BE DISPOSITIVE.
   (E) "INVERSELY PROPORTIONAL" MEANS THE GREATER THE PERCENTAGE OF WOMEN
 ON  THE  BOARD  THE LOWER THE WEIGHT OF THE PREFERENCE AND THE LOWER THE
 PERCENTAGE OF WOMEN ON THE BOARD THE GREATER THE WEIGHT OF  THE  PREFER-
 ENCE.
   3.  (A) ALL APPOINTIVE STATE AND LOCAL AUTHORITIES HERETOFORE OR HERE-
 AFTER ESTABLISHED BY LAW OR RESOLUTION SHALL  HAVE  RECOMMENDATIONS  FOR
 APPOINTMENTS, APPOINTMENTS OR REAPPOINTMENTS THAT ARE GENDER BALANCED AS
 PROVIDED BY THIS SECTION.
   (B)  PERSONS  SHALL BE RECOMMENDED FOR APPOINTMENT, APPOINTED OR REAP-
 POINTED TO ANY STATE OR LOCAL AUTHORITY  ONLY  IF  THAT  RECOMMENDATION,
 APPOINTMENT  OR  REAPPOINTMENT  IS  GENDER  BALANCED AS PROVIDED BY THIS
 SECTION.
   4. AN APPOINTING POWER SHALL MAKE  RECOMMENDATIONS,  APPOINTMENTS  AND
 REAPPOINTMENTS  TO  STATE  AND LOCAL AUTHORITIES CREATED PRIOR TO, ON OR
 AFTER AUGUST FIRST, TWO THOUSAND NINETEEN, IN A MANNER WHICH WILL ENSURE
 A GENDER BALANCED APPOINTMENT OR REAPPOINTMENT FOR EACH PUBLIC  AUTHORI-
 TY.
   5.  THE  APPOINTING  POWER  SHALL  UNDERTAKE  ALL EFFORTS NECESSARY TO
 OBTAIN LISTS OF NAMES OF QUALIFIED  CANDIDATES  TO  BE  RECOMMENDED  FOR
 APPOINTMENT  TO  STATE  AND  LOCAL  AUTHORITIES,  IN  FURTHERANCE OF THE
 ADVANCEMENT OF THE POLICY OF THIS SECTION  TO  ACHIEVE  GENDER  BALANCED
 APPOINTMENTS  AND  REAPPOINTMENTS  TO  STATE  AND LOCAL AUTHORITY BOARDS
 PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
   6.  MULTIPLE  APPOINTING  POWERS  CHARGED  WITH  THE   RECOMMENDATION,
 APPOINTMENT  OR  REAPPOINTMENT OF INDIVIDUALS TO THE SAME STATE OR LOCAL
 PUBLIC AUTHORITY SHALL CONSULT EACH OTHER IN ORDER TO  COMPLY  WITH  THE
 REQUIREMENTS OF THIS SECTION.
   7.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN INDIVID-
 UAL FROM COMPLETING A TERM FOR WHICH THE PERSON WAS APPOINTED, PRIOR  TO
 THE EFFECTIVE DATE OF THIS SECTION.
   8.  EACH  STATE  AND  LOCAL  AUTHORITY  SHALL  INCLUDE  THE  NUMBER OF
 APPOINTED OR REAPPOINTED BOARD MEMBERS IN THE LAST YEAR, THE  NUMBER  OF
 WOMEN  BOARD  MEMBERS  APPOINTED  OR  REAPPOINTED  IN THE LAST YEAR, THE
 CURRENT NUMBER OF BOARD MEMBERS ON THE BOARD  AND  THE  GENDER  OF  SUCH
 BOARD  MEMBERS IN THE ANNUAL REPORT REQUIRED PURSUANT TO SECTION TWENTY-
 EIGHT HUNDRED OF THIS ARTICLE.
   § 2. This act shall take effect August 1, 2019 and shall expire and be
 deemed repealed on and after August 1, 2029.

2019-S2595B (ACTIVE) - Details

See Assembly Version of this Bill:: A587
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2829, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9027
2021-2022: S460, A477
2023-2024: S2921, A5212

2019-S2595B (ACTIVE) - Summary

Relates to gender balance on boards of state and local public authorities.

2019-S2595B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2595B

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE:

To provide gender balance in the appointment of members to appointed
positions of state and local public authorities, industrial development
agencies and local development corporations.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public authorities law by adding a new section 2829
to provide that all appointments to appointive state and local public
authorities shall be gender balanced.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

New York is behind when compared nationally and globally on correcting
the leadership gap between women and men. Although women make up more
than half of New York's population, they make up an underwhelming 22% of
positions on state boards.

To address the gender gap in New York, this bill would require appoint-
ing powers to ensure public authorities, industrial development agen-
cies, and local development corporations are gender balanced by appoint-
ing an equal number of women and men to serve. The bill also provides
measures appointing powers would be able to follow in the event board
make-up cannot be comprised of 50% women and 50% men.

While legislation addressing women on boards and women in the workforce
is more common outside of the United States, it is imperative that we
use these successful models to effectively increase the diversity of
boards across the state.

 
LEGISLATIVE HISTORY:

2018: A9027 (Rome) - Corporations, Authorities, and Commissions

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect August 1, 2020 and shall expire on August 1,
2030.

2019-S2595B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2595--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee  on  Corporations,  Authorities  and Commissions in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 2829 to read as follows:
   § 2829. PROGRAM PROMOTING WOMEN TO STATE AND LOCAL  AUTHORITY  BOARDS.
 1.  THE  LEGISLATURE  FINDS  THAT  THERE  IS A NEED TO PROMOTE WOMEN FOR
 RECOMMENDATION AND APPOINTMENT TO STATE AND LOCAL AUTHORITY BOARDS IN AN
 EFFORT TO REVERSE A LONG HISTORY  OF  DISCRIMINATION  AGAINST  WOMEN  ON
 BOARDS OF PUBLIC AUTHORITIES. THE PROGRAM PROPOSED BY THIS SECTION WOULD
 PROVIDE  FOR  THE  USE OF GENDER AS A FACTOR WHEN MAKING RECOMMENDATIONS
 AND APPOINTMENTS TO STATE  AND  LOCAL  AUTHORITY  BOARDS.  THIS  SECTION
 SERVES TO ACHIEVE THE BENEFITS THAT COME WITH THE IMPORTANT GOVERNMENTAL
 OBJECTIVE  OF  ATTAINING  GENDER  DIVERSITY ON STATE AND LOCAL AUTHORITY
 BOARDS.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A)  "GENDER  BALANCE" MEANS PROVIDING WOMEN CANDIDATES WITH A PREFER-
 ENCE WHEN APPOINTING INDIVIDUALS TO BOARDS;
   (B) "APPOINTING POWER" MEANS AN INDIVIDUAL OR GOVERNMENT  OR  LEGISLA-
 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.

                                                            LBD01324-07-0

 S. 2595--B                          2
 
 OR TO APPOINT OR REAPPOINT A PERSON OR PERSONS TO THE BOARD OF  A  STATE
 OR LOCAL AUTHORITY.
   (C)  "BOARD" MEANS THE GOVERNING BOARD OR GOVERNING BODY OR OTHER SUCH
 GOVERNING ENTITY OF LOCAL AND STATE AUTHORITIES.
   (D) "PREFERENCE" MEANS THE ACT OF FAVORING  ONE  PERSON  OVER  ANOTHER
 THAT  IS  INVERSELY  PROPORTIONAL, PROVIDED HOWEVER, SUCH FAVORING SHALL
 NOT BE DISPOSITIVE.
   (E) "INVERSELY PROPORTIONAL" MEANS THE GREATER THE PERCENTAGE OF WOMEN
 ON THE BOARD THE LOWER THE WEIGHT OF THE PREFERENCE AND  THE  LOWER  THE
 PERCENTAGE  OF  WOMEN ON THE BOARD THE GREATER THE WEIGHT OF THE PREFER-
 ENCE.
   3. (A) ALL APPOINTIVE STATE AND LOCAL AUTHORITIES HERETOFORE OR  HERE-
 AFTER  ESTABLISHED  BY  LAW OR RESOLUTION SHALL HAVE RECOMMENDATIONS FOR
 APPOINTMENTS, OR REAPPOINTMENTS THAT ARE GENDER BALANCED AS PROVIDED  BY
 THIS SECTION.
   (B)  PERSONS  SHALL BE RECOMMENDED FOR APPOINTMENT, APPOINTED OR REAP-
 POINTED TO ANY STATE OR LOCAL AUTHORITY  ONLY  IF  THAT  RECOMMENDATION,
 APPOINTMENT  OR  REAPPOINTMENT  IS  GENDER  BALANCED AS PROVIDED BY THIS
 SECTION.
   4. AN APPOINTING POWER SHALL MAKE  RECOMMENDATIONS,  APPOINTMENTS  AND
 REAPPOINTMENTS  TO  STATE  AND LOCAL AUTHORITIES CREATED PRIOR TO, ON OR
 AFTER AUGUST FIRST, TWO THOUSAND TWENTY, IN A MANNER WHICH WILL ENSURE A
 GENDER BALANCED APPOINTMENT OR REAPPOINTMENT FOR EACH PUBLIC AUTHORITY.
   5. THE APPOINTING POWER  SHALL  UNDERTAKE  ALL  EFFORTS  NECESSARY  TO
 OBTAIN  LISTS  OF  NAMES  OF  QUALIFIED CANDIDATES TO BE RECOMMENDED FOR
 APPOINTMENT TO STATE  AND  LOCAL  AUTHORITIES,  IN  FURTHERANCE  OF  THE
 ADVANCEMENT  OF  THE  POLICY  OF THIS SECTION TO ACHIEVE GENDER BALANCED
 APPOINTMENTS AND REAPPOINTMENTS TO  STATE  AND  LOCAL  AUTHORITY  BOARDS
 PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
   6.   MULTIPLE  APPOINTING  POWERS  CHARGED  WITH  THE  RECOMMENDATION,
 APPOINTMENT OR REAPPOINTMENT OF INDIVIDUALS TO THE SAME STATE  OR  LOCAL
 PUBLIC  AUTHORITY  SHALL  CONSULT EACH OTHER IN ORDER TO COMPLY WITH THE
 REQUIREMENTS OF THIS SECTION.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN  INDIVID-
 UAL  FROM COMPLETING A TERM FOR WHICH THE PERSON WAS APPOINTED, PRIOR TO
 THE EFFECTIVE DATE OF THIS SECTION.
   8. EACH  STATE  AND  LOCAL  AUTHORITY  SHALL  INCLUDE  THE  NUMBER  OF
 APPOINTED  OR  REAPPOINTED BOARD MEMBERS IN THE LAST YEAR, THE NUMBER OF
 WOMEN BOARD MEMBERS APPOINTED OR  REAPPOINTED  IN  THE  LAST  YEAR,  THE
 CURRENT  NUMBER  OF  BOARD  MEMBERS  ON THE BOARD AND THE GENDER OF SUCH
 BOARD MEMBERS IN THE ANNUAL REPORT REQUIRED PURSUANT TO SECTION  TWENTY-
 EIGHT HUNDRED OF THIS ARTICLE.
   § 2. This act shall take effect August 1, 2020 and shall expire and be
 deemed repealed on and after August 1, 2030.

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Senate Bill S2595B

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Bill Amendments

2019-S2595 - Details

2019-S2595 - Summary

2019-S2595 - Sponsor Memo

2019-S2595 - Bill Text download pdf

2019-S2595A - Details

2019-S2595A - Summary

2019-S2595A - Sponsor Memo

2019-S2595A - Bill Text download pdf

2019-S2595B (ACTIVE) - Details

2019-S2595B (ACTIVE) - Summary

2019-S2595B (ACTIVE) - Sponsor Memo

2019-S2595B (ACTIVE) - Bill Text download pdf

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