Assembly Bill A5212A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5212--A
                                                         Cal. No. 143
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE, AUBRY, JEAN-PIERRE, SEAWRIGHT, EPSTEIN,
   TAYLOR, CRUZ, SIMON, DICKENS, COOK, OTIS, REYES, COLTON,  LEE,  LEVEN-
   BERG  --  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
 OR TO APPOINT OR REAPPOINT A PERSON OR PERSONS TO THE BOARD OF  A  STATE
 OR LOCAL AUTHORITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03891-02-3
              

 A. 5212--A                          2
 
   (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-FOUR, 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, 2024 and shall expire and be
 deemed repealed August 1, 2034.