NY State Senate Bill 2025-S3744

Senate Bill S3744

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Corporations, Authorities And Commissions 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2025	referred to corporations, authorities and commissions

co-Sponsors

2025-S3744 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2830, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2595
2021-2022: S460
2023-2024: S2921

2025-S3744 (ACTIVE) - Summary

Relates to gender balance on boards of state and local public authorities; provides that all appointive state and local authorities heretofore or hereafter established by law or resolution shall have recommendations for appointments, or reappointments that are gender balanced.

2025-S3744 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3744

SPONSOR: CLEARE
 
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, to the extent practicable.

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
appointing an equal number of women and men to serve, to the extent
practicable. The bill also provides measures appointing powers would be
able to follow in the event boardmake-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:

2023: Passed Assembly; 3rd Reading Senate

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect August 1, 2025 and shall expire on August 1,
2035.

2025-S3744 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3744
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sens. CLEARE, JACKSON -- 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 2830 to read as follows:
   §  2830.  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.
                                                            LBD08091-01-5
 S. 3744                             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) TO THE  EXTENT  PRACTICABLE,  PERSONS  SHALL  BE  RECOMMENDED  FOR
 APPOINTMENT,  APPOINTED  OR  REAPPOINTED 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-FIVE, IN A MANNER WHICH, TO THE
 EXTENT PRACTICABLE, WILL ENSURE A GENDER BALANCED APPOINTMENT  OR  REAP-
 POINTMENT 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, 2025 and shall expire and be
 deemed repealed August 1, 2035.

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Senate Bill S3744

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Sponsored By

Cordell Cleare