S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5532
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2023
                                ___________
 
 Introduced  by  Sens. MAY, CLEARE -- read twice and ordered printed, and
   when printed to be committed to the Committee on Finance
 
 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
 BY THE MINORITY LEADER OF THE SENATE, AND ONE MEMBER TO BE APPOINTED  BY
 THE MINORITY LEADER OF THE ASSEMBLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03437-01-3
              

 S. 5532                             2
 
   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.