NY State Senate Bill 2021-S460A

Senate Bill S460A

2021-2022 Legislative Session

Relates to gender balance in public authorities, industrial development agencies and local development corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1185
Apr 29, 2022	print number 460a
Apr 29, 2022	amend and recommit to corporations, authorities and commissions
Jan 05, 2022	referred to corporations, authorities and commissions
Jan 06, 2021	referred to corporations, authorities and commissions

Votes

- May 10, 2022 - Corporations, Authorities And Commissions Committee Vote
  S460A
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 10, 2022
      
      aye (6)
      
      Comrie
      
      Gaughran
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis
      
      nay (1)
      
      Martucci

Bill Amendments

Original

A (Active)

2021-S460 - Details

See Assembly Version of this Bill:: A477
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Add §2829, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9027
2019-2020: S2595, A587
2023-2024: S2921, A5212

2021-S460 - Summary

Relates to gender balance on boards of state and local public authorities.

2021-S460 - Sponsor Memo

                                 
BILL NUMBER: S460

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE:

To provide gender balance in the appointment of members to appointed
positions of state and local public authorities, industrial development
agencies and local development corporations.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public authorities law by adding a new section 2829
to provide that all appointments to appointive state and local public
authorities shall be gender balanced.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

New York is behind when compared nationally and globally on correcting
the leadership gap between women and men. Although women make up more
than half of New York's population, they make up an underwhelming 22% of
positions on state boards.

To address the gender gap in New York, this bill would require appoint-
ing powers to ensure public authorities, industrial development agen-
cies, and local development corporations are gender balanced by appoint-
ing an equal number of women and men to serve. The bill also provides
measures appointing powers would be able to follow in the event board
make-up cannot be comprised of 50% women and 50% men.

While legislation addressing women on boards and women in the workforce
is more common outside of the United States, it is imperative that we
use these successful models to effectively increase the diversity of
boards across the state.

 
LEGISLATIVE HISTORY:

2020: A587B/S2595 - Died in Corporations, Authorities, and Commissions

2018: A9027 - Died in Corporations, Authorities, and Commissions

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect August 1, 2021 and shall expire on August 1,
2031.

2021-S460 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    460
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 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.
   (C) "BOARD" MEANS THE GOVERNING BOARD OR GOVERNING BODY OR OTHER  SUCH
 GOVERNING ENTITY OF LOCAL AND STATE AUTHORITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02848-01-1

 S. 460                              2
 
   (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-ONE, 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, 2021 and shall expire and be
 deemed repealed on and after August 1, 2031.

2021-S460A (ACTIVE) - Details

See Assembly Version of this Bill:: A477
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Add §2829, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9027
2019-2020: S2595, A587
2023-2024: S2921, A5212

2021-S460A (ACTIVE) - Summary

Relates to gender balance on boards of state and local public authorities.

2021-S460A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S460A

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE:

To provide gender balance in the appointment of members to appointed
positions of state and local public authorities, industrial development
agencies and local development corporations.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public authorities law by adding a new section 2829
to provide that all appointments to appointive state and local public
authorities shall be gender balanced.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

New York is behind when compared nationally and globally on correcting
the leadership gap between women and men. Although women make up more
than half of New York's population, they make up an underwhelming 22% of
positions on state boards.

To address the gender gap in New York, this bill would require appoint-
ing powers to ensure public authorities, industrial development agen-
cies, and local development corporations are gender balanced by appoint-
ing an equal number of women and men to serve. The bill also provides
measures appointing powers would be able to follow in the event board
make-up cannot be comprised of 50% women and 50% men.

While legislation addressing women on boards and women in the workforce
is more common outside of the United States, it is imperative that we
use these successful models to effectively increase the diversity of
boards across the state.

 
LEGISLATIVE HISTORY:

2020: A587B/S2595 - Died in Corporations, Authorities, and Commissions

2018: A9027 - Died in Corporations, Authorities, and Commissions

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect August 1, 2022 and shall expire on August 1,
2032.

2021-S460A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  460--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions  --  recommitted  to  the  Committee on Corporations,
   Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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.
                                                            LBD02848-03-2

 S. 460--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.

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