NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1708
SPONSOR: Cruz TITLE OF BILL:
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 tech-
nical corrections thereto
PURPOSE:
To clarify certain terminology utilized in the bill and to amend the
program's implementation to align with appropriations.
SUMMARY OF PROVISIONS:
This bill amends Chapter 232 of the Laws of 2022 by changing the term
"transgender and gender non-binary" to "transgender and non-binary" and
clarifying that organizations serving transgender, gender nonconforming,
non-binary and intersex individuals qualify for the program's services
and grant program. This bill also alters the program's establishment
date to April 1, 2023, to ensure that appropriations are available to
implement the program.
JUSTIFICATION:
This bill amends provisions of the Transgender and Non-Binary Wellness
and Equity Fund under the administration of the AIDS Institute. The
clarification of terms utilized in the bill more accurately reflects the
populations which will be involved in, and served by, the TGNB wellness
and equity fund. Significantly, these alteration in terms will also
recognize the full scope of the gender expansive community, ensuring
that all gender identities are acknowledged by the TGNB wellness and
equity program. The programs implementation is modified to April 1,
2023, to provide additional time and planning for appropriations to be
made to the program.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 eilitting 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.
STATE OF NEW YORK
________________________________________________________________________
1708
2023-2024 Regular Sessions
IN ASSEMBLY
January 18, 2023
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Health
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:
1 Section 1. Section 1 of a chapter of the laws of 2022 amending the
2 public health law and the state finance law relating to enacting the
3 Lorena Borjas transgender and gender non-binary (TGNB) wellness and
4 equity fund act, as proposed in legislative bills numbers S. 8884-A and
5 A. 9418-A, is amended to read as follows:
6 Section 1. Short title. This act shall be known and may be cited as
7 the "Lorena Borjas transgender and [gender] non-binary (TGNB) wellness
8 and equity program fund act".
9 § 2. Section 244 of the public health law, as added by a chapter of
10 the laws of 2022 enacting the Lorena Borjas transgender and gender non-
11 binary (TGNB) wellness and equity fund act, as proposed in legislative
12 bills numbers S. 8884-A and A. 9418-A, is amended to read as follows:
13 § 244. Transgender and [gender] non-binary (TGNB) wellness and equity
14 program. 1. [As used in this section, the following terms shall have the
15 following meanings:
16 (a) "Gender expansive" shall mean a transgender, gender non-binary,
17 gender non-conforming or intersex individuals, having a gender identity
18 or expression that is different from the sex assigned to such individual
19 at birth.
20 (b) "Intersex" shall mean a biological variation in which an individ-
21 ual is born with a reproductive or sexual anatomy that does not fit the
22 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
A. 1708 2
1 2.] The department, through the AIDS institute, shall establish and
2 operate a transgender and [gender] non-binary (TGNB) wellness and equity
3 program as authorized pursuant to this section. Such program shall be
4 established [within sixty days of the effective date of this section] by
5 April first, two thousand twenty-three.
6 [3.] 2. The transgender and [gender] non-binary (TGNB) wellness and
7 equity program shall be designed to:
8 (a) Increase the capacity of grassroots organizations working at the
9 local level and ensure New York state invests in organizations serving
10 transgender, gender [expansive] nonconforming, non-binary and intersex
11 individuals.
12 (b) Increase transgender, gender nonconforming, non-binary and inter-
13 sex cultural competence by investing in cultural competency programs or
14 curriculums that are designed by, or in consultation with, transgender,
15 gender [expansive] nonconforming, non-binary and intersex individuals.
16 (c) Address inequities in current funding distribution for organiza-
17 tions serving transgender, gender [expansive] nonconforming, non-binary
18 and intersex individuals, including but not limited to organizations
19 located outside of the city of New York.
20 (d) Enable unemployed transgender, gender [expansive] nonconforming,
21 non-binary and intersex residents of New York to become gainfully
22 employed taxpayers through job training and job placement services
23 provided by organizations serving transgender, gender [expansive]
24 nonconforming, non-binary and intersex individuals.
25 (e) Foster new and emerging transgender, gender [expansive] noncon-
26 forming, non-binary and intersex leadership through capacity building
27 support.
28 (f) Decrease homelessness and increase access to social services by
29 investing in organizations primarily serving transgender, gender noncon-
30 forming, non-binary and intersex individuals and that provide housing
31 solutions dedicated to transgender, gender [expansive] nonconforming,
32 non-binary and intersex individuals.
33 [4.] 3. Subject to appropriation, moneys in the transgender and
34 [gender] non-binary (TGNB) wellness and equity program fund, pursuant to
35 section ninety-five-k of the state finance law, may be used for the
36 following purposes:
37 (a) Identifying [leading] community-based organizations involving and
38 serving transgender, gender [expansive] nonconforming, non-binary and
39 intersex individuals and providing them with grants to expand their
40 existing work involving and serving transgender, gender nonconforming,
41 non-binary and intersex individuals.
42 (b) Providing grants to organizations involving and serving transgen-
43 der, gender [expansive] nonconforming, non-binary and intersex individ-
44 uals to create supportive housing solutions and to identify, assist, and
45 refer transgender, gender nonconforming, non-binary and intersex resi-
46 dents of New York state to supportive housing.
47 (c) Creating or funding existing programs serving transgender, gender
48 [expansive] nonconforming, non-binary and intersex individuals that
49 primarily coordinate inclusive health care for individuals who identify
50 as transgender, gender nonconforming, non-binary[, non-conforming] or
51 intersex.
52 (d) Providing grants to organizations involving and serving transgen-
53 der, gender [expansive] nonconforming, non-binary and intersex individ-
54 uals to increase the capacity of health care professionals to effec-
55 tively provide gender affirming care. This includes the creation of
56 educational materials or facilitation of capacity building training.
A. 1708 3
1 (e) Providing grants for behavioral health services developed by, or
2 in consultation with, transgender, gender [expansive] nonconforming,
3 non-binary and intersex individuals that offer mental health and
4 substance use services for transgender, gender [expansive] nonconform-
5 ing, non-binary and intersex youth, adults, seniors, and families.
6 (f) Providing grants for educational and vocational training programs
7 developed by, or in consultation with, transgender, gender [expansive]
8 nonconforming, non-binary and intersex individuals to increase the
9 employment status and educational attainment level of transgender,
10 gender [expansive] nonconforming, non-binary and intersex residents of
11 New York state.
12 (g) Providing funds to improve data collection on gender identity and
13 expression in New York state with a focus on transgender, gender [expan-
14 sive] nonconforming, non-binary and intersex residents of New York state
15 and their needs.
16 § 3. Section 95-k of the state finance law, as added by a chapter of
17 the laws of 2022 enacting the Lorena Borjas transgender and gender non-
18 binary (TGNB) wellness and equity fund act, as proposed in legislative
19 bills numbers S. 8884-A and A. 9418-A, is amended to read as follows:
20 § 95-k. Transgender and [gender] non-binary (TGNB) wellness and equity
21 program fund. 1. There is hereby established in the joint custody of the
22 state comptroller and the commissioner of taxation and finance a fund to
23 be known as the "transgender and [gender] non-binary (TGNB) wellness and
24 equity program fund".
25 2. Moneys in such fund shall consist of all moneys appropriated for
26 the purposes of such fund and all moneys appropriated, credited or
27 transferred thereto from any other fund or source pursuant to law. Any
28 interest received by the comptroller on money on deposit in the fund
29 shall be retained in and become part of such fund.
30 § 4. This act shall take effect on the same date and in the same
31 manner as a chapter of the laws of 2022 enacting the Lorena Borjas
32 transgender and gender non-binary (TGNB) wellness and equity fund act,
33 as proposed in legislative bills numbers S. 8884-A and A. 9418-A, takes
34 effect.
