STATE OF NEW YORK ________________________________________________________________________ 587 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. ROZIC, AUBRY, BLAKE, DE LA ROSA, D'URSO, GALEF, JAFFEE, JEAN-PIERRE, NOLAN, SEAWRIGHT -- read once and referred 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: 1 Section 1. The public authorities law is amended by adding a new 2 section 2829 to read as follows: 3 § 2829. Gender balance in public authorities. 1. For the purposes of 4 this section, the following terms shall have the following meanings, 5 unless the context otherwise requires: 6 (a) "gender balance" means an equal number of women and men selected 7 to appointive positions; 8 (b) "appointing power" means an individual or government or legisla- 9 tive body or individual or individuals charged with the responsibility 10 to appoint others to appointive positions on state and local public 11 authorities. 12 2. (a) All appointive state and local public authorities heretofore or 13 hereafter established by law or resolution shall be gender balanced. 14 (b) No person shall be appointed or reappointed to any state or local 15 public authority if that appointment or reappointment would cause the 16 number of members of such public authority of one gender to be greater 17 than one-half of the public authority, plus one. 18 3. (a) An appointing power shall make appointments to state and local 19 public authorities created prior to, on or after January first, two 20 thousand twenty, in a manner which will ensure that women comprise 21 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

A. 587 2 1 (b) The appointing power shall appoint a person from the gender which 2 has fewer appointees to any vacant position whenever the number of 3 persons of one gender appointed to a state or local public authority 4 created prior to, on or after January first, two thousand twenty exceeds 5 the number of persons of the other gender appointed to that public 6 authority. 7 (c) In making appointments to any state or local public authority 8 created prior to, on or after January first, two thousand twenty, the 9 number of appointments by an appointing power of one gender may not 10 exceed by more than one the number of appointments from the other 11 gender. When an unequal number of appointments has been made from each 12 gender, a vacant position shall be filled by a person from the gender 13 with fewer appointees on the public authority. 14 (d) In the event a state or local public authority has an uneven 15 number of appointive positions, the appointing power shall fill a vacan- 16 cy with a member of the gender whose representation was of a lesser 17 number when an opening occurs. In the event a new state or local public 18 authority whose membership has an unequal number of representatives from 19 one gender is created the appointing power shall appoint individuals in 20 conformance with the goals of this section. 21 4. The appointing power shall undertake all efforts necessary to 22 obtain lists of names of qualified candidates to be recommended for 23 appointment to state and local public authorities, in furtherance of the 24 advancement of the policy of this section to achieve equal numbers of 25 appointments of men and women to appointive positions pursuant to subdi- 26 visions two and three of this section. 27 5. Multiple appointing powers charged with the appointment of individ- 28 uals to the same state or local public authority shall consult each 29 other to avoid a violation of this section. 30 6. Nothing in this section shall be construed to prohibit an individ- 31 ual from completing a term for which the person was appointed, prior to 32 the effective date of this section. 33 § 2. The general municipal law is amended by adding a new section 34 856-a to read as follows: 35 § 856-a. Gender balance in industrial development agencies. 1. For the 36 purposes of this section, the following terms shall have the following 37 meanings, unless the context otherwise requires: 38 (a) "gender balance" means an equal number of women and men selected 39 to appointive positions; 40 (b) "appointing power" means an individual or government or legisla- 41 tive body or individual or individuals charged with the responsibility 42 to appoint others to appointive positions on industrial development 43 agencies. 44 2. (a) All appointive industrial development agencies heretofore or 45 hereafter established by law or resolution shall be gender balanced. 46 (b) No person shall be appointed or reappointed to any industrial 47 development agency if that appointment or reappointment would cause the 48 number of members of such industrial development agency of one gender to 49 be greater than one-half of the industrial development agency, plus one. 50 3. (a) An appointing power shall make appointment to industrial devel- 51 opment agencies created prior to, on or after January first, two thou- 52 sand twenty, in a manner which will ensure that women comprise approxi- 53 mately fifty percent of the membership on each industrial development 54 agency. 55 (b) The appointing power shall appoint a person from the gender which 56 has fewer appointees to any vacant position whenever the number of

A. 587 3 1 persons of one gender appointed to an industrial development agency 2 created prior to, on or after January first, two thousand twenty exceeds 3 the number of persons of the other gender appointed to that industrial 4 development agency. 5 (c) In making appointments to any industrial development agency 6 created prior to, on or after January first, two thousand twenty, the 7 number of appointments by an appointing power of one gender may not 8 exceed by more than one the number of appointments from the other 9 gender. When an unequal number of appointments has been made from each 10 gender, a vacant position shall be filled by a person from the gender 11 with fewer appointees on the industrial development agency. 12 (d) In the event an industrial development agency has an uneven number 13 of appointive positions, the appointing power shall fill a vacancy with 14 a member of the gender whose representation was of a lesser number when 15 an opening occurs. In the event a new industrial development agency 16 whose membership has an unequal number of representatives from one 17 gender is created the appointing power shall appoint individuals in 18 conformance with the goals of this section. 19 4. The appointing power shall undertake all efforts necessary to 20 obtain lists of names of qualified candidates to be recommended for 21 appointment to industrial development agencies, in furtherance of the 22 advancement of the policy of this section to achieve equal numbers of 23 appointments of men and women to appointive positions pursuant to subdi- 24 visions two and three of this section. 25 5. Multiple appointing powers charged with the appointment of individ- 26 uals to the same industrial development agencies shall consult each 27 other to avoid a violation of this section. 28 6. Nothing in this section shall be construed to prohibit an individ- 29 ual from completing a term for which the person was appointed, prior to 30 the effective date of this section. 31 § 3. The not-for-profit corporation law is amended by adding a new 32 section 1411-a to read as follows: 33 § 1411-a. Gender balance in local development corporations. 34 (a) For the purposes of this section, the following terms shall have 35 the following meanings, unless the context otherwise requires: 36 (1) "gender balance" means an equal number of women and men selected 37 as members of a local development corporation; and 38 (2) "appointing power" means an individual or government or legisla- 39 tive body or individual or individuals charged with the responsibility 40 to appoint others to appointive positions on local development corpo- 41 rations. 42 (b) (1) All appointive local development corporations heretofore or 43 hereafter established by law or resolution shall be gender balanced. 44 (2) No person shall be appointed or reappointed to any local develop- 45 ment corporations if that appointment or reappointment would cause the 46 number of members of such local development corporation of one gender to 47 be greater than one-half of the local development corporation, plus one. 48 (c) (1) An appointing power shall make appointment to local develop- 49 ment corporations created prior to, on or after January first, two thou- 50 sand twenty, in a manner which will ensure that women comprise approxi- 51 mately fifty percent of the membership on each local development 52 corporations. 53 (2) The appointing power shall appoint a person from the gender which 54 has fewer appointees to any vacant position whenever the number of 55 persons of one gender appointed to a local development corporation 56 created prior to, on or after January first, two thousand twenty exceeds

A. 587 4 1 the number of persons of the other gender appointed to that local devel- 2 opment corporation. 3 (3) In making appointments to any local development corporation 4 created prior to, on or after January first, two thousand twenty, the 5 number of appointments by an appointing power of one gender may not 6 exceed by more than one the number of appointments from the other 7 gender. When an unequal number of appointments has been made from each 8 gender, a vacant position shall be filled by a person from the gender 9 with fewer appointees on the local development corporation. 10 (4) In the event a local development corporations has an uneven number 11 of appointive positions, the appointing power shall fill a vacancy with 12 a member of the gender whose representation was of a lesser number when 13 an opening occurs. In the event a new local development corporation 14 whose membership has an unequal number of representatives from one 15 gender is created the appointing power shall appoint individuals in 16 conformance with the goals of this section. 17 (d) The appointing power shall undertake all efforts necessary to 18 obtain lists of names of qualified candidates to be recommended for 19 appointment to local development corporations, in furtherance of the 20 advancement of the policy of this section to achieve equal numbers of 21 appointments of men and women to appointive positions pursuant to para- 22 graphs (b) and (c) of this section. 23 (e) Multiple appointing powers charged with the appointment of indi- 24 viduals to the same local development corporation shall consult each 25 other to avoid a violation of this section. 26 (f) Nothing in this section shall be construed to prohibit an individ- 27 ual from completing a term for which the person was appointed, prior to 28 the effective date of this section. 29 § 4. This act shall take effect January 1, 2020.