NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9648A
SPONSOR: Kelles TITLE OF BILL:
An act to amend the executive law, in relation to establishing the
LGBTQ+ advisory board
PURPOSE:
To establish a permanent advisory board on LGBTQ+ issues.
SUMMARY OF PROVISIONS:
Section 1: Sets forth the make-up of and selection for the LGBTQ+ Advi-
sory Board and length of terms of service. Establishes the powers and
duties of the LGBTQ+ Advisory Board, which will encompass gathering
information on issues surrounding the LGBTQ+ community in New York
State, and reporting these findings to state officials so that informed
choices can be made in keeping New York State a place that is responsive
to the economic, political, and social needs of LGBTQ+ individuals.
Section 2: provides the effective date.
** The A-print of this bill reduces the board to 12 members. **
JUSTIFICATION:
New York State has long been a leader on LGBTQ+ inclusion. From the
Stonewall Uprising to the legalization of marriage equality, the Empire
State is justifiably proud of many parts of its history. Since 2016, the
state has convened an informal group of LGBTQ+ stakeholders to provide
advice and guidance to the executive branch on current issues, in recog-
nition of the importance of remaining ahead of the curve on emerging
issues. It is appropriate that the state should formalize this informal
group into a formal advisory committee in order to provide LGBTQ+ New
Yorkers with a permanent voice in Albany that can advise the executive
and legislature on how the state can continue to remain a leader in
inclusion at a time when many jurisdictions would turn back the clock on
progress.
FISCAL IMPACT:
Minimal.
LEGISLATIVE HISTORY:
New bill.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9648--A
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. KELLES, GONZALEZ-ROJAS, SEAWRIGHT, DAVILA,
THIELE, SIMON -- read once and referred to the Committee on Govern-
mental Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to establishing the
LGBTQ+ advisory board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 45-C
2 to read as follows:
3 ARTICLE 45-C
4 LGBTQ+ ADVISORY BOARD
5 Section 959. Definitions.
6 959-a. LGBTQ+ advisory board established.
7 959-b. Powers and duties.
8 § 959. Definitions. For the purposes of this article, the following
9 terms shall have the following meanings:
10 1. "LGBTQ+ advisory board" or "board" shall mean the LGBTQ+ advisory
11 board established pursuant to section nine hundred fifty-nine-a of this
12 article.
13 2. "LGBTQ+" shall mean a member of the community consisting of lesbi-
14 an, gay, bisexual, transgender, queer or questioning, and other non-cis-
15 gender individuals, or a reference to such community as a whole.
16 § 959-a. LGBTQ+ advisory board established. 1. There is hereby estab-
17 lished an advisory board to be known as the "LGBTQ+ advisory board".
18 2. The board shall be comprised of twelve members, to be appointed as
19 follows: four members to be appointed by the governor, three members to
20 be appointed by the temporary president of the senate, three members to
21 be appointed by the speaker of the assembly, one member to be appointed
22 by the minority leader of the senate, and one member to be appointed by
23 the minority leader of the assembly.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11215-04-2
A. 9648--A 2
1 3. All members appointed to the board shall be individuals who identi-
2 fy as LGBTQ+. No individual shall be appointed as a board member who is
3 a member of the New York state legislature, a statewide elected offi-
4 cial, a commissioner of an executive agency appointed by the governor,
5 or a state officer or employee or a legislative employee as defined in
6 section seventy-three of the public officers law.
7 4. The initial appointment of board members pursuant to subdivision
8 two of this section shall be staggered as follows: three members for a
9 term of one year, three members for a term of two years, three members
10 for a term of three years, and three members for a term of four years.
11 After the initial staggering of terms, such board members shall be
12 appointed for a term of four years. No such board member shall serve
13 more than two consecutive four-year terms. The remainder of any such
14 term to which a board member is appointed to fill a vacancy shall not
15 constitute a term in determining such board member's eligibility for
16 reappointment.
17 5. Vacancies in the membership of the commission shall be filled in
18 the same manner provided for original appointments. All board members
19 may be reappointed.
20 6. Board members shall receive no compensation for their services but
21 shall be allowed their actual and necessary expenses incurred in the
22 performance of their duties.
23 7. To effectuate the purposes of this section, the board may request
24 from any department, board, bureau, commission or other agency of the
25 state, and the same are authorized to provide, such cooperation and
26 assistance, services and data as will enable the board to properly carry
27 out its functions pursuant to this section.
28 § 959-b. Powers and duties. The board shall have the powers and duties
29 to:
30 1. Advise the governor regarding the development of economic, profes-
31 sional, cultural, and educational links between New York state and the
32 LGBTQ+ community in New York state and advise state agencies in develop-
33 ing policies designed to meet the needs of the LGBTQ+ community in New
34 York state.
35 2. Undertake studies, conduct research, and prepare factual reports to
36 gather information to formulate and present recommendations to the
37 governor relating to issues of concern and importance to the LGBTQ+
38 community in New York state.
39 3. Advise the governor as needed regarding any statutory, regulatory,
40 or other issues of importance to the LGBTQ+ community in New York state.
41 4. Work with state agencies to develop potential legislation and
42 regulatory changes relating to issues of concern and importance to the
43 LGBTQ+ community in New York state.
44 5. Submit an annual report to the governor, the temporary president of
45 the senate, and the speaker of the assembly detailing the actions of the
46 board, and any recommendations of the board to address issues of concern
47 and importance to the LGBTQ+ community in New York state.
48 § 2. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law.
