Text of MD HB 141 (2023)
State Government – Commission on LGBTQIA+ Affairs – Alterations
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As introduced
7,016 characters
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0141*
HOUSE BILL 141
P1
3lr1065
By: Delegate Qi
Introduced and read first time: January 13, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning
1
State Government – Commission on LGBTQIA+ Affairs – Alterations
2
FOR the purpose of renaming the Commission on LGBTQ Affairs to be the Commission on
3
LGBTQIA+ Affairs; altering the membership of the Commission; altering certain
4
qualifications for members appointed to the Commission; staggering the terms of
5
Commission members; and generally relating to the Commission on LGBTQIA+
6
Affairs.
7
BY repealing and reenacting, without amendments,
8
Article – State Government
9
Section 9.5–101(a)
10
Annotated Code of Maryland
11
(2021 Replacement Volume and 2022 Supplement)
12
BY repealing and reenacting, with amendments,
13
Article – State Government
14
Section 9.5–101(b); and 9.5–501 through 9.5–503 and 9.5–507 to be under the
15
amended subtitle “Subtitle 5. Commission on LGBTQIA+ Affairs”
16
Annotated Code of Maryland
17
(2021 Replacement Volume and 2022 Supplement)
18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
19
That the Laws of Maryland read as follows:
20
Article – State Government
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9.5–101.
22
(a)
There is a Governor’s Office of Community Initiatives, as authorized under
23
Executive Order 01.01.2007.25.
24
2
HOUSE BILL 141
(b)
The Governor’s Office of Community Initiatives shall include the following
1
units:
2
(1)
the Governor’s Office on Service and Volunteerism, under Subtitle 2 of
3
this title;
4
(2)
the Commission on Indian Affairs, under Subtitle 3 of this title;
5
(3)
the Commission on [LGBTQ] LGBTQIA+ Affairs, under Subtitle 5 of
6
this title; and
7
(4)
any other unit as authorized by law or executive order.
8
Subtitle 5. Commission on [LGBTQ] LGBTQIA+ Affairs.
9
9.5–501.
10
(a)
In this subtitle the following words have the meanings indicated.
11
(b)
“Commission” means the Commission on [LGBTQ] LGBTQIA+ Affairs.
12
(c)
[“LGBTQ”] “LGBTQIA+” means lesbian, gay, bisexual, transgender, [and]
13
queer OR QUESTIONING, INTERSEX, ASEXUAL, AGENDER, OR AROMANTIC, AND
14
ADDITIONAL IDENTITIES.
15
9.5–502.
16
There is a Commission on [LGBTQ] LGBTQIA+ Affairs in the Governor’s Office of
17
Community Initiatives.
18
9.5–503.
19
(a)
The Commission consists of [15] 21 members appointed by the Governor with
20
the advice and consent of the Senate.
21
(b)
The members shall:
22
(1)
to the extent practicable, be members of the [LGBTQ] LGBTQIA+
23
community;
24
(2)
include at least two transgender individuals;
25
(3)
to the extent practicable, reflect the
AGE, gender,
SEXUAL
26
ORIENTATION, racial, ethnic, SOCIOECONOMIC, and geographic diversity of the State;
27
HOUSE BILL 141
3
(4)
know about issues facing [LGBTQ] LGBTQIA+ communities and be
1
sensitive to the problems of [LGBTQ] LGBTQIA+ communities;
2
(5)
be representatives of the State’s [LGBTQ] LGBTQIA+ communities
3
or have an interest in the success of [LGBTQ] LGBTQIA+ communities; and
4
(6)
provide value to the work of the Commission.
5
(c)
(1)
The term of a member is 4 years.
6
(2)
THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY THE
7
TERMS PROVIDED FOR MEMBERS OF THE COMMISSION ON OCTOBER 1, 2023.
8
[(2)] (3)
At the end of a term, a member continues to serve until a
9
successor is appointed and qualifies.
10
[(3)] (4)
A member who is appointed after a term has begun serves only
11
for the rest of the term and until a successor is appointed and qualifies.
12
(d)
(1)
Except as provided in paragraph (2) of this subsection, a member may
13
be reappointed.
14
(2)
A member who has served two consecutive 4–year terms may not be
15
reappointed until at least 1 year has elapsed after the end of the previous term.
16
(e)
The Governor may remove a member for incompetence or misconduct.
17
(f)
A member who fails to attend at least 50% of the regularly scheduled meetings
18
during a 12–month period shall be considered to have resigned from the Commission.
19
9.5–507.
20
The Commission shall:
21
(1)
assess the challenges facing [LGBTQ] LGBTQIA+ communities;
22
(2)
collect data across State agencies on:
23
(i)
the implementation of [LGBTQ–inclusive] policies THAT ARE
24
INCLUSIVE OF LGBTQIA+ IDENTITIES; and
25
(ii)
complaints alleging discrimination based on sexual orientation
26
or gender identity;
27
(3)
study and establish best practices for inclusion of [LGBTQ]
28
LGBTQIA+ individuals and communities;
29
4
HOUSE BILL 141
(4)
inform the Executive and Legislative branches of State government of
1
issues concerning women and [LGBTQ] LGBTQIA+ persons;
2
(5)
offer
testimony
on
issues
concerning
women
and [LGBTQ]
3
LGBTQIA+ persons before legislative and administrative bodies;
4
(6)
act as a clearinghouse for activities to avoid duplication of efforts;
5
(7)
create surveys and appoint advisory committees in the fields of:
6
(i)
education;
7
(ii)
social sciences;
8
(iii)
labor and employment laws and policies;
9
(iv)
law enforcement;
10
(v)
health and safety;
11
(vi)
new and expanded services;
12
(vii)
legal rights;
13
(viii) family relations;
14
(ix)
human relations; and
15
(x)
volunteer services; and
16
(8)
publish, in accordance with § 2–1257 of this article, an annual report,
17
and
any
other
material
the
Commission
considers
necessary,
that
includes
18
recommendations on policies for [LGBTQ] LGBTQIA+ adults and youth that work to end
19
discriminatory practices in the State.
20
SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial
21
members of the Commission on LGBTQIA+ Affairs shall expire as follows:
22
(1)
seven members in 2024;
23
(2)
seven members in 2025; and
24
(3)
seven members in 2026.
25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
26
October 1, 2023.
27
As enrolled or final
6,500 characters
WES MOORE, Governor
Ch. 45
– 1 –
Chapter 45
(House Bill 141)
AN ACT concerning
State Government – Commission on LGBTQIA+ Affairs – Alterations
FOR the purpose of renaming the Commission on LGBTQ Affairs to be the Commission on
LGBTQIA+ Affairs; altering the membership of the Commission; altering certain
qualifications for members appointed to the Commission; staggering the terms of
Commission members; altering the duties of the Commission; and generally relating
to the Commission on LGBTQIA+ Affairs.
BY repealing and reenacting, without amendments,
Article – State Government
Section 9.5–101(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 9.5–101(b); and 9.5–501 through 9.5–503 and 9.5–507 to be under the
amended subtitle “Subtitle 5. Commission on LGBTQIA+ Affairs”
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Government
9.5–101.
(a)
There is a Governor’s Office of Community Initiatives, as authorized under
Executive Order 01.01.2007.25.
(b)
The Governor’s Office of Community Initiatives shall include the following
units:
(1)
the Governor’s Office on Service and Volunteerism, under Subtitle 2 of
this title;
(2)
the Commission on Indian Affairs, under Subtitle 3 of this title;
(3)
the Commission on [LGBTQ] LGBTQIA+ Affairs, under Subtitle 5 of
this title; and
Ch. 45
2023 LAWS OF MARYLAND
– 2 –
(4)
any other unit as authorized by law or executive order.
Subtitle 5. Commission on [LGBTQ] LGBTQIA+ Affairs.
9.5–501.
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Commission” means the Commission on [LGBTQ] LGBTQIA+ Affairs.
(c)
[“LGBTQ”] “LGBTQIA+” means lesbian, gay, bisexual, transgender, [and]
queer OR QUESTIONING, INTERSEX, ASEXUAL, AGENDER, OR AROMANTIC, AND
ADDITIONAL IDENTITIES.
9.5–502.
There is a Commission on [LGBTQ] LGBTQIA+ Affairs in the Governor’s Office of
Community Initiatives.
9.5–503.
(a)
The Commission consists of [15] 21 members appointed by the Governor with
the advice and consent of the Senate.
(b)
The members shall:
(1)
to the extent practicable, be members of the [LGBTQ] LGBTQIA+
community;
(2)
include at least two transgender individuals;
(3)
to the extent practicable, reflect the AGE, gender, GENDER IDENTITY
OR EXPRESSION, ANCESTRAL, NATIONAL ORIGIN, COLOR, DISABILITY, RELIGIOUS,
SEX, SEXUAL ORIENTATION, racial, ethnic, SOCIOECONOMIC, and geographic diversity
of the State;
(4)
know about issues facing [LGBTQ] LGBTQIA+ communities and be
sensitive to the problems of [LGBTQ] LGBTQIA+ communities;
(5)
be representatives of the State’s [LGBTQ] LGBTQIA+ communities
or have an interest in the success of [LGBTQ] LGBTQIA+ communities; and
(6)
provide value to the work of the Commission.
WES MOORE, Governor
Ch. 45
– 3 –
(c)
(1)
The term of a member is 4 years.
(2)
THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY THE
TERMS PROVIDED FOR MEMBERS OF THE COMMISSION ON OCTOBER 1, 2023.
[(2)] (3)
At the end of a term, a member continues to serve until a
successor is appointed and qualifies.
[(3)] (4)
A member who is appointed after a term has begun serves only
for the rest of the term and until a successor is appointed and qualifies.
(d)
(1)
Except as provided in paragraph (2) of this subsection, a member may
be reappointed.
(2)
A member who has served two consecutive 4–year terms may not be
reappointed until at least 1 year has elapsed after the end of the previous term.
(e)
The Governor may remove a member for incompetence or misconduct.
(f)
A member who fails to attend at least 50% of the regularly scheduled meetings
during a 12–month period shall be considered to have resigned from the Commission.
9.5–507.
The Commission shall:
(1)
assess the challenges facing [LGBTQ] LGBTQIA+ communities;
(2)
collect data across State agencies on:
(i)
the implementation of [LGBTQ–inclusive] policies THAT ARE
INCLUSIVE OF LGBTQIA+ IDENTITIES; and
(ii)
complaints alleging discrimination based on sexual orientation
or gender identity;
(3)
study and establish best practices for inclusion of [LGBTQ]
LGBTQIA+ individuals and communities;
(4)
inform the Executive and Legislative branches of State government of
issues concerning women and [LGBTQ] LGBTQIA+ persons;
(5)
offer
testimony
on
issues
concerning
women
and [LGBTQ]
LGBTQIA+ persons before legislative and administrative bodies;
Ch. 45
2023 LAWS OF MARYLAND
– 4 –
(6)
act as a clearinghouse for activities to avoid duplication of efforts;
(7)
create surveys and appoint advisory committees in the fields of:
(i)
education;
(ii)
social sciences;
(iii)
labor and employment laws and policies;
(iv)
law enforcement;
(v)
health and safety;
(vi)
new and expanded services;
(vii)
legal rights;
(viii) family relations;
(ix)
human relations; and
(x)
volunteer services; and
(8)
publish, in accordance with § 2–1257 of this article, an annual report,
and
any
other
material
the
Commission
considers
necessary,
that
includes
recommendations on policies for [LGBTQ] LGBTQIA+ adults and youth that work to end
discriminatory practices in the State.
SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial
members of the Commission on LGBTQIA+ Affairs shall expire as follows:
(1)
seven members in 2024;
(2)
seven members in 2025; and
(3)
seven members in 2026.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 11, 2023.