S T A T E O F N E W Y O R K
________________________________________________________________________
1336
2023-2024 Regular Sessions
I N S E N A T E
January 11, 2023
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend a chapter of the laws of 2022 enacting the Lorena Borjas
transgender and gender non-binary (TGNB) wellness and equity fund act,
as proposed in legislative bills numbers S. 8884-A and A. 9418-A, the
public health law and the state finance law, in relation to making
technical corrections thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of a chapter of the laws of 2022 amending the
public health law and the state finance law relating to enacting the
Lorena Borjas transgender and gender non-binary (TGNB) wellness and
equity fund act, as proposed in legislative bills numbers S. 8884-A and
A. 9418-A, is amended to read as follows:
Section 1. Short title. This act shall be known and may be cited as
the "Lorena Borjas transgender and [gender] non-binary (TGNB) wellness
and equity PROGRAM fund act".
§ 2. Section 244 of the public health law, as added by a chapter of
the laws of 2022 enacting the Lorena Borjas transgender and gender non-
binary (TGNB) wellness and equity fund act, as proposed in legislative
bills numbers S. 8884-A and A. 9418-A, is amended to read as follows:
§ 244. Transgender and [gender] non-binary (TGNB) wellness and equity
program. 1. [As used in this section, the following terms shall have the
following meanings:
(a) "Gender expansive" shall mean a transgender, gender non-binary,
gender non-conforming or intersex individuals, having a gender identity
or expression that is different from the sex assigned to such individual
at birth.
(b) "Intersex" shall mean a biological variation in which an individ-
ual is born with a reproductive or sexual anatomy that does not fit the
typical definitions of female or male.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03946-01-3
S. 1336 2
2.] The department, through the AIDS institute, shall establish and
operate a transgender and [gender] non-binary (TGNB) wellness and equity
program as authorized pursuant to this section. Such program shall be
established [within sixty days of the effective date of this section] BY
APRIL FIRST, TWO THOUSAND TWENTY-THREE.
[3.] 2. The transgender and [gender] non-binary (TGNB) wellness and
equity program shall be designed to:
(a) Increase the capacity of grassroots organizations working at the
local level and ensure New York state invests in organizations serving
TRANSGENDER, gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX
individuals.
(b) Increase transgender, gender NONCONFORMING, non-binary and inter-
sex cultural competence by investing in cultural competency programs or
curriculums that are designed by, or in consultation with, TRANSGENDER,
gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX individuals.
(c) Address inequities in current funding distribution for organiza-
tions serving TRANSGENDER, gender [expansive] NONCONFORMING, NON-BINARY
AND INTERSEX individuals, including but not limited to organizations
located outside of the city of New York.
(d) Enable unemployed TRANSGENDER, gender [expansive] NONCONFORMING,
NON-BINARY AND INTERSEX residents of New York to become gainfully
employed taxpayers through job training and job placement services
provided by organizations serving TRANSGENDER, gender [expansive]
NONCONFORMING, NON-BINARY AND INTERSEX individuals.
(e) Foster new and emerging TRANSGENDER, gender [expansive] NONCON-
FORMING, NON-BINARY AND INTERSEX leadership through capacity building
support.
(f) Decrease homelessness and increase access to social services by
investing in organizations primarily serving transgender, gender NONCON-
FORMING, non-binary and intersex individuals and that provide housing
solutions dedicated to TRANSGENDER, gender [expansive] NONCONFORMING,
NON-BINARY AND INTERSEX individuals.
[4.] 3. Subject to appropriation, moneys in the transgender and
[gender] non-binary (TGNB) wellness and equity program fund, pursuant to
section ninety-five-k of the state finance law, may be used for the
following purposes:
(a) Identifying [leading] community-based organizations involving and
serving TRANSGENDER, gender [expansive] NONCONFORMING, NON-BINARY AND
INTERSEX individuals and providing them with grants to expand their
existing work INVOLVING AND SERVING TRANSGENDER, GENDER NONCONFORMING,
NON-BINARY AND INTERSEX INDIVIDUALS.
(b) Providing grants to organizations involving and serving TRANSGEN-
DER, gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX individ-
uals to create supportive housing solutions and to identify, assist, and
refer transgender, gender NONCONFORMING, non-binary and intersex resi-
dents of New York state to supportive housing.
(c) Creating or funding existing programs serving TRANSGENDER, gender
[expansive] NONCONFORMING, NON-BINARY AND INTERSEX individuals that
primarily coordinate inclusive health care for individuals who identify
as transgender, gender NONCONFORMING, non-binary[, non-conforming] or
intersex.
(d) Providing grants to organizations involving and serving TRANSGEN-
DER, gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX individ-
uals to increase the capacity of health care professionals to effec-
tively provide gender affirming care. This includes the creation of
educational materials or facilitation of capacity building training.
S. 1336 3
(e) Providing grants for behavioral health services developed by, or
in consultation with, TRANSGENDER, gender [expansive] NONCONFORMING,
NON-BINARY AND INTERSEX individuals that offer mental health and
substance use services for TRANSGENDER, gender [expansive] NONCONFORM-
ING, NON-BINARY AND INTERSEX youth, adults, seniors, and families.
(f) Providing grants for educational and vocational training programs
developed by, or in consultation with, TRANSGENDER, gender [expansive]
NONCONFORMING, NON-BINARY AND INTERSEX individuals to increase the
employment status and educational attainment level of TRANSGENDER,
gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX residents of
New York state.
(g) Providing funds to improve data collection on gender identity and
expression in New York state with a focus on TRANSGENDER, gender [expan-
sive] NONCONFORMING, NON-BINARY AND INTERSEX residents of New York state
and their needs.
§ 3. Section 95-k of the state finance law, as added by a chapter of
the laws of 2022 enacting the Lorena Borjas transgender and gender non-
binary (TGNB) wellness and equity fund act, as proposed in legislative
bills numbers S. 8884-A and A. 9418-A, is amended to read as follows:
§ 95-k. Transgender and [gender] non-binary (TGNB) wellness and equity
program fund. 1. There is hereby established in the joint custody of the
state comptroller and the commissioner of taxation and finance a fund to
be known as the "transgender and [gender] non-binary (TGNB) wellness and
equity program fund".
2. Moneys in such fund shall consist of all moneys appropriated for
the purposes of such fund and all moneys appropriated, credited or
transferred thereto from any other fund or source pursuant to law. Any
interest received by the comptroller on money on deposit in the fund
shall be retained in and become part of such fund.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 enacting the Lorena Borjas
transgender and gender non-binary (TGNB) wellness and equity fund act,
as proposed in legislative bills numbers S. 8884-A and A. 9418-A, takes
effect.
