Text of NY S 8884 (2022)

STATE OF NEW YORK ________________________________________________________________________ 8884 IN SENATE April 27, 2022 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the public health law and the state finance law, in relation to enacting the Lorena Borjas transgender and gender non-bi- nary (TGNB) wellness and equity fund; and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Lorena Borjas transgender and gender non-binary (TGNB) wellness and 3 equity fund act". 4 § 2. Title 2-F of article 2 of the public health law is amended by 5 adding a new section 244 to read as follows: 6 § 244. Transgender and gender non-binary (TGNB) wellness and equity 7 program. 1. As used in this section, the following terms shall have the 8 following meanings: 9 (a) "Gender expansive" shall mean a transgender, gender non-binary, 10 gender non-conforming and intersex individuals who have a gender identi- 11 ty or expression that is different from the sex assigned to such indi- 12 vidual at birth. 13 (b) "Intersex" shall mean a biological variation in which an individ- 14 ual is born with a reproductive or sexual anatomy that does not fit the 15 typical definitions of female or male. 16 2. The department is hereby authorized, empowered and mandated to 17 establish and operate a transgender and gender non-binary (TGNB) well- 18 ness and equity program as authorized pursuant to this section. Such 19 program shall be established within sixty days of the effective date of 20 this section. 21 3. The transgender and gender non-binary (TGNB) wellness and equity 22 program shall be designed to: 23 (a) Increase the capacity of grassroots organizations working at the 24 local level thus ensuring New York state invests in organizations that 25 are led by gender expansive individuals. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14576-05-2 S. 8884 2 1 (b) Increase transgender, gender non-binary and intersex cultural 2 competence by investing in cultural competency programs or curriculums 3 that are designed by gender expansive individuals. 4 (c) Address inequities in current funding distribution for organiza- 5 tions led by gender expansive individuals, including but not limited to 6 organizations located outside of the city of New York. 7 (d) After job training and job placement provided by gender expansive 8 individuals, enable unemployed gender expansive residents of New York to 9 become gainfully employed taxpayers. 10 (e) Foster new and emerging gender expansive leadership through capac- 11 ity building support. 12 (f) Decrease homelessness and increase access to social services by 13 investing in transgender, gender non-binary and intersex led organiza- 14 tions that provide housing solutions dedicated to gender expansive indi- 15 viduals. 16 4. Upon appropriation by the legislature, moneys in the transgender 17 and gender non-binary (TGNB) wellness and equity program fund, pursuant 18 to section ninety-five-k of the state finance law, may be used to fund 19 grants for the following purposes: 20 (a) Identifying leading community-based organizations involving and 21 serving gender expansive individuals and providing them with grants to 22 expand their existing work. 23 (b) Providing grants to organizations involving and serving gender 24 expansive individuals to create supportive housing solutions and to 25 identify, assist, and refer transgender, gender non-binary and intersex 26 residents of New York state to supportive housing. 27 (c) Creating or funding existing programs created by gender expansive 28 individuals that focus on coordinating inclusive health care for indi- 29 viduals who identify as transgender, gender non-binary, non-conforming 30 or intersex. 31 (d) Providing grants to organizations involving and serving gender 32 expansive individuals to increase the capacity of health care profes- 33 sionals to effectively provide gender affirming care. This includes the 34 creation of educational materials or facilitation of capacity building 35 training. 36 (e) Providing grants for behavioral health services developed by 37 gender expansive individuals that offer mental health and substance use 38 services for gender expansive youth, adults, seniors, and families. 39 (f) Providing grants for educational and vocational training programs 40 developed by gender expansive individuals to increase the employment 41 status and educational attainment level of gender expansive residents of 42 New York state. 43 (g) Providing funds to improve data collection on gender identity and 44 expression in New York state with a focus on gender expansive residents 45 of New York state and their needs. 46 § 3. The state finance law is amended by adding a new section 95-k to 47 read as follows: 48 § 95-k. Transgender and gender non-binary (TGNB) wellness and equity 49 program fund. 1. There is hereby established in the joint custody of the 50 state comptroller and the commissioner of taxation and finance a fund to 51 be known as the "transgender and gender non-binary (TGNB) wellness and 52 equity program fund". 53 2. Moneys in such fund shall consist of all moneys appropriated for 54 the purposes of such fund and all moneys appropriated, credited or 55 transferred thereto from any other fund or source pursuant to law. Any S. 8884 3 1 interest received by the comptroller on money on deposit in the fund 2 shall be retained in and become part of such fund. 3 § 4. The sum of fifteen million dollars ($15,000,000) is hereby appro- 4 priated from any moneys in the state treasury in the general fund to the 5 credit of the state purposes account for the transgender and gender 6 non-binary (TGNB) wellness and equity program fund for the purpose of 7 carrying out the provisions of this act. Such moneys shall be payable on 8 the audit and warrant of the comptroller. No expenditure shall be made 9 from this appropriation until a certificate of approval of availability 10 shall have been issued by the director of the budget and filed with the 11 state comptroller and a copy filed with the chairman of the senate 12 finance committee and the chairman of the assembly ways and means 13 committee. Such certificate may be amended from time to time by the 14 director of the budget and a copy of each such amendment shall be filed 15 with the state comptroller, the chairman of the senate finance committee 16 and the chairman of the assembly ways and means committee. 17 § 5. Severability clause. If any clause, sentence, paragraph, subdivi- 18 sion, section or part of this act shall be adjudged by any court of 19 competent jurisdiction to be invalid, such judgment shall not affect, 20 impair, or invalidate the remainder thereof, but shall be confined in 21 its operation to the clause, sentence, paragraph, subdivision, section 22 or part thereof directly involved in the controversy in which such judg- 23 ment shall have been rendered. It is hereby declared to be the intent of 24 the legislature that this act would have been enacted even if such 25 invalid provisions had not been included herein. 26 § 6. This act shall take effect immediately.

STATE OF NEW YORK ________________________________________________________________________ 8884--A IN SENATE April 27, 2022 ___________ Introduced by Sens. HOYLMAN, BRISPORT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the state finance law, in relation to enacting the Lorena Borjas transgender and gender non-bi- nary (TGNB) wellness and equity fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Lorena Borjas transgender and gender non-binary (TGNB) wellness and 3 equity fund act". 4 § 2. Title 2-F of article 2 of the public health law is amended by 5 adding a new section 244 to read as follows: 6 § 244. Transgender and gender non-binary (TGNB) wellness and equity 7 program. 1. As used in this section, the following terms shall have the 8 following meanings: 9 (a) "Gender expansive" shall mean a transgender, gender non-binary, 10 gender non-conforming or intersex individuals, having a gender identity 11 or expression that is different from the sex assigned to such individual 12 at birth. 13 (b) "Intersex" shall mean a biological variation in which an individ- 14 ual is born with a reproductive or sexual anatomy that does not fit the 15 typical definitions of female or male. 16 2. The department, through the AIDS institute, shall establish and 17 operate a transgender and gender non-binary (TGNB) wellness and equity 18 program as authorized pursuant to this section. Such program shall be 19 established within sixty days of the effective date of this section. 20 3. The transgender and gender non-binary (TGNB) wellness and equity 21 program shall be designed to: 22 (a) Increase the capacity of grassroots organizations working at the 23 local level and ensure New York state invests in organizations serving 24 gender expansive individuals. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14576-07-2 S. 8884--A 2 1 (b) Increase transgender, gender non-binary and intersex cultural 2 competence by investing in cultural competency programs or curriculums 3 that are designed by, or in consultation with, gender expansive individ- 4 uals. 5 (c) Address inequities in current funding distribution for organiza- 6 tions serving gender expansive individuals, including but not limited to 7 organizations located outside of the city of New York. 8 (d) Enable unemployed gender expansive residents of New York to become 9 gainfully employed taxpayers through job training and job placement 10 services provided by organizations serving gender expansive individuals. 11 (e) Foster new and emerging gender expansive leadership through capac- 12 ity building support. 13 (f) Decrease homelessness and increase access to social services by 14 investing in organizations primarily serving transgender, gender non-bi- 15 nary and intersex individuals and that provide housing solutions dedi- 16 cated to gender expansive individuals. 17 4. Subject to appropriation, moneys in the transgender and gender 18 non-binary (TGNB) wellness and equity program fund, pursuant to section 19 ninety-five-k of the state finance law, may be used for the following 20 purposes: 21 (a) Identifying leading community-based organizations involving and 22 serving gender expansive individuals and providing them with grants to 23 expand their existing work. 24 (b) Providing grants to organizations involving and serving gender 25 expansive individuals to create supportive housing solutions and to 26 identify, assist, and refer transgender, gender non-binary and intersex 27 residents of New York state to supportive housing. 28 (c) Creating or funding existing programs serving gender expansive 29 individuals that primarily coordinate inclusive health care for individ- 30 uals who identify as transgender, gender non-binary, non-conforming or 31 intersex. 32 (d) Providing grants to organizations involving and serving gender 33 expansive individuals to increase the capacity of health care profes- 34 sionals to effectively provide gender affirming care. This includes the 35 creation of educational materials or facilitation of capacity building 36 training. 37 (e) Providing grants for behavioral health services developed by, or 38 in consultation with, gender expansive individuals that offer mental 39 health and substance use services for gender expansive youth, adults, 40 seniors, and families. 41 (f) Providing grants for educational and vocational training programs 42 developed by, or in consultation with, gender expansive individuals to 43 increase the employment status and educational attainment level of 44 gender expansive residents of New York state. 45 (g) Providing funds to improve data collection on gender identity and 46 expression in New York state with a focus on gender expansive residents 47 of New York state and their needs. 48 § 3. The state finance law is amended by adding a new section 95-k to 49 read as follows: 50 § 95-k. Transgender and gender non-binary (TGNB) wellness and equity 51 program fund. 1. There is hereby established in the joint custody of the 52 state comptroller and the commissioner of taxation and finance a fund to 53 be known as the "transgender and gender non-binary (TGNB) wellness and 54 equity program fund". 55 2. Moneys in such fund shall consist of all moneys appropriated for 56 the purposes of such fund and all moneys appropriated, credited or S. 8884--A 3 1 transferred thereto from any other fund or source pursuant to law. Any 2 interest received by the comptroller on money on deposit in the fund 3 shall be retained in and become part of such fund. 4 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 5 sion, section or part of this act shall be adjudged by any court of 6 competent jurisdiction to be invalid, such judgment shall not affect, 7 impair, or invalidate the remainder thereof, but shall be confined in 8 its operation to the clause, sentence, paragraph, subdivision, section 9 or part thereof directly involved in the controversy in which such judg- 10 ment shall have been rendered. It is hereby declared to be the intent of 11 the legislature that this act would have been enacted even if such 12 invalid provisions had not been included herein. 13 § 5. This act shall take effect immediately.