S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1273
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  KELLES,  GONZALEZ-ROJAS,  SEAWRIGHT, DAVILA,
   THIELE, SIMON, DINOWITZ, EPSTEIN -- read  once  and  referred  to  the
   Committee on Governmental Operations
 
 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:
 
   Section  1.  The executive law is amended by adding a new article 45-C
 to read as follows:
 
                               ARTICLE 45-C
                           LGBTQ+ ADVISORY BOARD
 
 SECTION 959.   DEFINITIONS.
         959-A. LGBTQ+ ADVISORY BOARD ESTABLISHED.
         959-B. POWERS AND DUTIES.
   § 959. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "LGBTQ+  ADVISORY BOARD" OR "BOARD" SHALL MEAN THE LGBTQ+ ADVISORY
 BOARD ESTABLISHED PURSUANT TO SECTION NINE HUNDRED FIFTY-NINE-A OF  THIS
 ARTICLE.
   2.  "LGBTQ+" SHALL MEAN A MEMBER OF THE COMMUNITY CONSISTING OF LESBI-
 AN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING, AND OTHER NON-CIS-
 GENDER INDIVIDUALS, OR A REFERENCE TO SUCH COMMUNITY AS A WHOLE.
   § 959-A. LGBTQ+ ADVISORY BOARD ESTABLISHED. 1. THERE IS HEREBY  ESTAB-
 LISHED AN ADVISORY BOARD TO BE KNOWN AS THE "LGBTQ+ ADVISORY BOARD".
   2.  THE BOARD SHALL BE COMPRISED OF TWELVE MEMBERS, TO BE APPOINTED AS
 FOLLOWS: FOUR MEMBERS TO BE APPOINTED BY THE GOVERNOR, THREE MEMBERS  TO
 BE  APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THREE MEMBERS TO
 BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER TO BE  APPOINTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03437-01-3
 A. 1273                             2
              

 
 BY  THE MINORITY LEADER OF THE SENATE, AND ONE MEMBER TO BE APPOINTED BY
 THE MINORITY LEADER OF THE ASSEMBLY.
   3. ALL MEMBERS APPOINTED TO THE BOARD SHALL BE INDIVIDUALS WHO IDENTI-
 FY  AS LGBTQ+. NO INDIVIDUAL SHALL BE APPOINTED AS A BOARD MEMBER WHO IS
 A MEMBER OF THE NEW YORK STATE LEGISLATURE, A  STATEWIDE  ELECTED  OFFI-
 CIAL,  A  COMMISSIONER OF AN EXECUTIVE AGENCY APPOINTED BY THE GOVERNOR,
 OR A STATE OFFICER OR EMPLOYEE OR A LEGISLATIVE EMPLOYEE AS  DEFINED  IN
 SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
   4.  THE  INITIAL  APPOINTMENT OF BOARD MEMBERS PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION SHALL BE STAGGERED AS FOLLOWS: THREE MEMBERS  FOR  A
 TERM  OF  ONE YEAR, THREE MEMBERS FOR A TERM OF TWO YEARS, THREE MEMBERS
 FOR A TERM OF THREE YEARS, AND THREE MEMBERS FOR A TERM OF  FOUR  YEARS.
 AFTER  THE  INITIAL  STAGGERING  OF  TERMS,  SUCH BOARD MEMBERS SHALL BE
 APPOINTED FOR A TERM OF FOUR YEARS. NO SUCH  BOARD  MEMBER  SHALL  SERVE
 MORE  THAN  TWO  CONSECUTIVE  FOUR-YEAR TERMS. THE REMAINDER OF ANY SUCH
 TERM TO WHICH A BOARD MEMBER IS APPOINTED TO FILL A  VACANCY  SHALL  NOT
 CONSTITUTE  A  TERM  IN  DETERMINING SUCH BOARD MEMBER'S ELIGIBILITY FOR
 REAPPOINTMENT.
   5. VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL  BE  FILLED  IN
 THE  SAME  MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.  ALL BOARD MEMBERS
 MAY BE REAPPOINTED.
   6. BOARD MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES  BUT
 SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES.
   7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE BOARD  MAY  REQUEST
 FROM  ANY  DEPARTMENT,  BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE
 STATE, AND THE SAME ARE AUTHORIZED  TO  PROVIDE,  SUCH  COOPERATION  AND
 ASSISTANCE, SERVICES AND DATA AS WILL ENABLE THE BOARD TO PROPERLY CARRY
 OUT ITS FUNCTIONS PURSUANT TO THIS SECTION.
   § 959-B. POWERS AND DUTIES. THE BOARD SHALL HAVE THE POWERS AND DUTIES
 TO:
   1.  ADVISE THE GOVERNOR REGARDING THE DEVELOPMENT OF ECONOMIC, PROFES-
 SIONAL, CULTURAL, AND EDUCATIONAL LINKS BETWEEN NEW YORK STATE  AND  THE
 LGBTQ+ COMMUNITY IN NEW YORK STATE AND ADVISE STATE AGENCIES IN DEVELOP-
 ING  POLICIES  DESIGNED TO MEET THE NEEDS OF THE LGBTQ+ COMMUNITY IN NEW
 YORK STATE.
   2. UNDERTAKE STUDIES, CONDUCT RESEARCH, AND PREPARE FACTUAL REPORTS TO
 GATHER INFORMATION TO  FORMULATE  AND  PRESENT  RECOMMENDATIONS  TO  THE
 GOVERNOR  RELATING  TO  ISSUES  OF  CONCERN AND IMPORTANCE TO THE LGBTQ+
 COMMUNITY IN NEW YORK STATE.
   3. ADVISE THE GOVERNOR AS NEEDED REGARDING ANY STATUTORY,  REGULATORY,
 OR OTHER ISSUES OF IMPORTANCE TO THE LGBTQ+ COMMUNITY IN NEW YORK STATE.
   4.  WORK  WITH  STATE  AGENCIES  TO  DEVELOP POTENTIAL LEGISLATION AND
 REGULATORY CHANGES RELATING TO ISSUES OF CONCERN AND IMPORTANCE  TO  THE
 LGBTQ+ COMMUNITY IN NEW YORK STATE.
   5. SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY DETAILING THE ACTIONS OF THE
 BOARD, AND ANY RECOMMENDATIONS OF THE BOARD TO ADDRESS ISSUES OF CONCERN
 AND IMPORTANCE TO THE LGBTQ+ COMMUNITY IN NEW YORK STATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.