Assembly Bill A477A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  477--A
                                                          Cal. No. 34
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC,  AUBRY,  GALEF,  JEAN-PIERRE,  NOLAN,
   SEAWRIGHT, EPSTEIN,  TAYLOR,  CRUZ,  SIMON,  GRIFFIN,  DICKENS,  COOK,
   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:
 
   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.
              

                                                            LBD02848-02-2
 A. 477--A                           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-TWO,  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, 2022 and shall expire and be
 deemed repealed on and after August 1, 2032.