S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1708
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Section 1 of a chapter of the laws  of  2022  amending  the
 public  health  law  and  the state finance law relating to 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, is amended to read as follows:
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "Lorena  Borjas transgender and [gender] non-binary (TGNB) wellness
 and equity PROGRAM fund act".
   § 2. Section 244 of the public health law, as added by  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, is amended to read as follows:
   §  244. Transgender and [gender] non-binary (TGNB) wellness and equity
 program. 1. [As used in this section, the following terms shall have the
 following meanings:
   (a) "Gender expansive" shall mean a  transgender,  gender  non-binary,
 gender  non-conforming or intersex individuals, having a gender identity
 or expression that is different from the sex assigned to such individual
 at birth.
   (b) "Intersex" shall mean a biological variation in which an  individ-
 ual  is born with a reproductive or sexual anatomy that does not fit the
 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
              

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   2.] The department, through the AIDS institute,  shall  establish  and
 operate a transgender and [gender] non-binary (TGNB) wellness and equity
 program  as  authorized  pursuant to this section. Such program shall be
 established [within sixty days of the effective date of this section] BY
 APRIL FIRST, TWO THOUSAND TWENTY-THREE.
   [3.]  2.  The  transgender and [gender] non-binary (TGNB) wellness and
 equity program shall be designed to:
   (a) Increase the capacity of grassroots organizations working  at  the
 local  level  and ensure New York state invests in organizations serving
 TRANSGENDER, gender [expansive] NONCONFORMING, NON-BINARY  AND  INTERSEX
 individuals.
   (b)  Increase transgender, gender NONCONFORMING, non-binary and inter-
 sex cultural competence by investing in cultural competency programs  or
 curriculums  that are designed by, or in consultation with, TRANSGENDER,
 gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX individuals.
   (c) Address inequities in current funding distribution  for  organiza-
 tions  serving TRANSGENDER, gender [expansive] NONCONFORMING, NON-BINARY
 AND INTERSEX individuals, including but  not  limited  to  organizations
 located outside of the city of New York.
   (d)  Enable  unemployed TRANSGENDER, gender [expansive] NONCONFORMING,
 NON-BINARY AND INTERSEX  residents  of  New  York  to  become  gainfully
 employed  taxpayers  through  job  training  and  job placement services
 provided  by  organizations  serving  TRANSGENDER,  gender   [expansive]
 NONCONFORMING, NON-BINARY AND INTERSEX individuals.
   (e)  Foster  new  and emerging TRANSGENDER, gender [expansive] NONCON-
 FORMING, NON-BINARY AND INTERSEX leadership  through  capacity  building
 support.
   (f)  Decrease  homelessness  and increase access to social services by
 investing in organizations primarily serving transgender, gender NONCON-
 FORMING, non-binary and intersex individuals and  that  provide  housing
 solutions  dedicated  to  TRANSGENDER, gender [expansive] NONCONFORMING,
 NON-BINARY AND INTERSEX individuals.
   [4.] 3. Subject  to  appropriation,  moneys  in  the  transgender  and
 [gender] non-binary (TGNB) wellness and equity program fund, pursuant to
 section  ninety-five-k  of  the  state  finance law, may be used for the
 following purposes:
   (a) Identifying [leading] community-based organizations involving  and
 serving  TRANSGENDER,  gender  [expansive] NONCONFORMING, NON-BINARY AND
 INTERSEX individuals and providing them  with  grants  to  expand  their
 existing  work  INVOLVING AND SERVING TRANSGENDER, GENDER NONCONFORMING,
 NON-BINARY AND INTERSEX INDIVIDUALS.
   (b) Providing grants to organizations involving and serving  TRANSGEN-
 DER,  gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX individ-
 uals to create supportive housing solutions and to identify, assist, and
 refer transgender, gender NONCONFORMING, non-binary and  intersex  resi-
 dents of New York state to supportive housing.
   (c)  Creating or funding existing programs serving TRANSGENDER, gender
 [expansive] NONCONFORMING,  NON-BINARY  AND  INTERSEX  individuals  that
 primarily  coordinate inclusive health care for individuals who identify
 as transgender, gender NONCONFORMING,  non-binary[,  non-conforming]  or
 intersex.
   (d)  Providing grants to organizations involving and serving TRANSGEN-
 DER, gender [expansive] NONCONFORMING, NON-BINARY AND INTERSEX  individ-
 uals  to  increase  the  capacity of health care professionals to effec-
 tively provide gender affirming care.  This  includes  the  creation  of
 educational materials or facilitation of capacity building training.
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   (e)  Providing  grants for behavioral health services developed by, or
 in consultation with,  TRANSGENDER,  gender  [expansive]  NONCONFORMING,
 NON-BINARY  AND  INTERSEX  individuals  that  offer  mental  health  and
 substance use services for TRANSGENDER, gender  [expansive]  NONCONFORM-
 ING, NON-BINARY AND INTERSEX youth, adults, seniors, and families.
   (f)  Providing grants for educational and vocational training programs
 developed by, or in consultation with, TRANSGENDER,  gender  [expansive]
 NONCONFORMING,  NON-BINARY  AND  INTERSEX  individuals  to  increase the
 employment status  and  educational  attainment  level  of  TRANSGENDER,
 gender  [expansive]  NONCONFORMING, NON-BINARY AND INTERSEX residents of
 New York state.
   (g) Providing funds to improve data collection on gender identity  and
 expression in New York state with a focus on TRANSGENDER, gender [expan-
 sive] NONCONFORMING, NON-BINARY AND INTERSEX residents of New York state
 and their needs.
   §  3.  Section 95-k of the state finance law, as added by 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, is amended to read as follows:
   § 95-k. Transgender and [gender] non-binary (TGNB) wellness and equity
 program fund. 1. There is hereby established in the joint custody of the
 state comptroller and the commissioner of taxation and finance a fund to
 be known as the "transgender and [gender] non-binary (TGNB) wellness and
 equity program fund".
   2. Moneys in such fund shall consist of all  moneys  appropriated  for
 the  purposes  of  such  fund  and  all moneys appropriated, credited or
 transferred thereto from any other fund or source pursuant to  law.  Any
 interest  received  by  the  comptroller on money on deposit in the fund
 shall be retained in and become part of such fund.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner  as  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, takes
 effect.