S T A T E O F N E W Y O R K
________________________________________________________________________
432
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. ROZIC, NOLAN, DE LA ROSA, AUBRY, DAVILA,
JEAN-PIERRE, SEAWRIGHT, EPSTEIN, RODRIGUEZ, TAYLOR, CRUZ, SIMON, GRIF-
FIN, PICHARDO, DICKENS, COOK -- read once and referred to the Commit-
tee 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02847-01-1
A. 432 2
(2) "APPOINTING POWER" MEANS THE INDIVIDUAL OR BODY CHARGED WITH THE
RESPONSIBILITY TO APPOINT OTHERS AS COMMISSIONERS TO THE PORT AUTHORITY.
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
A. 432 3
OF THE MEMBERSHIP OF THE BOARD OF COMMISSIONERS OR THE NUMBER OF OFFI-
CERS OF THE PORT AUTHORITY.
(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.