S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9027
 
                           I N  A S S E M B L Y
 
                             January 12, 2018
                                ___________
 
 Introduced  by M. of A. ROZIC -- 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:
 
   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 NINETEEN, IN A MANNER WHICH WILL  ENSURE  THAT  WOMEN  COMPRISE
 APPROXIMATELY FIFTY PERCENT OF THE MEMBERSHIP ON EACH PUBLIC AUTHORITY.
   (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  NINETEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10962-02-8

 A. 9027                             2
 
 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 NINETEEN,  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 NINETEEN, IN A MANNER WHICH WILL ENSURE THAT WOMEN COMPRISE APPROX-
 IMATELY  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
 PERSONS OF ONE GENDER APPOINTED  TO  AN  INDUSTRIAL  DEVELOPMENT  AGENCY
 CREATED  PRIOR  TO,  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND NINETEEN
 EXCEEDS THE NUMBER OF PERSONS OF THE  OTHER  GENDER  APPOINTED  TO  THAT
 INDUSTRIAL DEVELOPMENT AGENCY.

 A. 9027                             3
 
   (C)  IN  MAKING  APPOINTMENTS  TO  ANY  INDUSTRIAL  DEVELOPMENT AGENCY
 CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,  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 NINETEEN, IN A MANNER WHICH WILL ENSURE THAT WOMEN COMPRISE APPROX-
 IMATELY  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 NINETEEN
 EXCEEDS THE NUMBER OF PERSONS OF THE  OTHER  GENDER  APPOINTED  TO  THAT
 LOCAL DEVELOPMENT CORPORATION.
   (3)  IN  MAKING  APPOINTMENTS  TO  ANY  LOCAL  DEVELOPMENT CORPORATION
 CREATED PRIOR TO, ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,  THE

 A. 9027                             4
 
 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, 2019.