Bill Text: NY A01708 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes technical corrections to the Lorena Borjas transgender and non-binary (TGNB) wellness and equity program fund act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2023-02-01 - substituted by s1336 [A01708 Detail]

Download: New_York-2023-A01708-Introduced.html

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                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.