S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8023
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to establishing  the  New
   York  Asian American and Pacific Islander commission and providing for
   its duties; to amend a chapter of the laws of 2023 amending the execu-
   tive law relating to establishing the  New  York  Asian  American  and
   Pacific  Islander commission, as proposed in legislative bills numbers
   S. 1051-A and A.  3301-A, in relation to  the  effectiveness  thereof;
   and to repeal section 295-a of the executive law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 295-a of the executive law, as added by  a  chapter
 of  the laws of 2023 amending the executive law relating to establishing
 the New York Asian American and Pacific Islander commission, as proposed
 in legislative bills numbers S. 1051-A and A. 3301-A, is REPEALED.
   § 2. The executive law is amended by adding a new section 94-d to read
 as follows:
   § 94-D. NEW YORK ASIAN AMERICAN AND PACIFIC ISLANDER COMMISSION.    1.
 (A)  THERE  IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF STATE THE NEW
 YORK ASIAN AMERICAN AND  PACIFIC  ISLANDER  COMMISSION.  THE  COMMISSION
 SHALL  CONSIST  OF THIRTEEN MEMBERS REPRESENTATIVE OF ASIAN AMERICAN AND
 PACIFIC ISLANDER COMMUNITIES WHICH MAY INCLUDE, BUT NOT BE  LIMITED  TO:
 THE BANGLADESHI, BHUTANESE, CAMBODIAN, CHINESE, FILIPINO, HMONG, INDIAN,
 INDONESIAN,  JAPANESE,  KOREAN, LAOTIAN, MALAYSIAN, MONGOLIAN, NEPALESE,
 PAKISTANI, SINGAPOREAN, SRI  LANKAN,  TAIWANESE,  THAI,  AND  VIETNAMESE
 COMMUNITIES.  SUCH MEMBERS SHALL HAVE EXPERIENCE ADVOCATING ON BEHALF OF
 THEIR COMMUNITY, AND SHALL BE APPOINTED AS FOLLOWS:
   (1) SEVEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   (2) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
 SENATE;
   (3) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (4)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
 SENATE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02690-04-4
              

 S. 8023                             2
 
   (5) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
 BLY.
   THE SECRETARY OF STATE, OR THEIR DESIGNEE, SHALL SERVE AS CHAIR OF THE
 COMMISSION.
   (B)  EACH  MEMBER OF THE COMMISSION SHALL SERVE A TERM OF THREE YEARS,
 EXCEPT THAT IN MAKING THE FIRST APPOINTMENTS  TO  THE  COMMISSION,  FOUR
 MEMBERS  SHALL  BE  APPOINTED TO SERVE FOR ONE YEAR, FOUR FOR TWO YEARS,
 AND FIVE FOR THREE YEARS. THE FIRST APPOINTMENTS MADE BY  THE  TEMPORARY
 PRESIDENT  OF  THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL BE ALLOCATED
 EQUALLY BETWEEN THE ONE-YEAR AND TWO-YEAR TERMS OF  SERVICE.  THE  FIRST
 APPOINTMENTS  MADE  BY THE MINORITY LEADERS SHALL SERVE FOR THREE YEARS.
 THE FIRST APPOINTMENTS MADE BY THE GOVERNOR SHALL  BE  AS  FOLLOWS:  TWO
 MEMBERS  SHALL  BE APPOINTED TO SERVE FOR ONE YEAR, TWO MEMBERS SHALL BE
 APPOINTED TO SERVE FOR TWO YEARS, AND THREE MEMBERS SHALL  BE  APPOINTED
 TO  SERVE  FOR THREE YEARS. THE MEMBERS SHALL BE ELIGIBLE FOR REAPPOINT-
 MENT AND SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED,
 AND THE TERM OF THE SUCCESSOR OF ANY INCUMBENT SHALL BE CALCULATED  FROM
 THE  EXPIRATION OF THE TERM OF THAT INCUMBENT. A VACANCY OCCURRING OTHER
 THAN BY EXPIRATION OF TERM SHALL BE FILLED IN THE  SAME  MANNER  AS  THE
 ORIGINAL APPOINTMENT, BUT FOR THE UNEXPIRED TERM ONLY.
   (C)  A  MAJORITY  OF  THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
 QUORUM FOR THE PURPOSE OF CONDUCTING THE BUSINESS THEREOF AND A MAJORITY
 VOTE OF ALL THE MEMBERS IN OFFICE SHALL BE NECESSARY FOR ACTION.
   2. THE COMMISSION SHALL MAKE RECOMMENDATIONS REGARDING THE FOLLOWING:
   (A) POLICIES TO IMPROVE THE COMMUNITY, ECONOMIC AND SOCIAL WELL-BEING,
 AND THE HEALTH AND EDUCATIONAL NEEDS IMPORTANT  TO  ASIAN  AMERICAN  AND
 PACIFIC ISLANDER COMMUNITIES IN THE STATE;
   (B)  STATEWIDE  PROGRAMS,  RECOGNIZING THE CONTINUING CONTRIBUTIONS OF
 ASIAN AMERICAN AND PACIFIC ISLANDER INDIVIDUALS IN THE STATE;
   (C) PUBLIC EDUCATION CAMPAIGNS REGARDING ASIAN  AMERICAN  AND  PACIFIC
 ISLANDER ISSUES AND CULTURE;
   (D)  WAYS  TO  INCREASE THE AWARENESS AMONG ASIAN AMERICAN AND PACIFIC
 ISLANDER INDIVIDUALS OF STATE AND LOCAL RESOURCES THAT MAY BENEFIT ASIAN
 AMERICAN AND PACIFIC ISLANDER INDIVIDUALS AND COMMUNITIES AS A WHOLE.
   3. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION, BUT
 THEY SHALL BE ENTITLED  TO  REIMBURSEMENT  FOR  ALL  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   4.  THE  COMMISSION SHALL SUBMIT AN ANNUAL REPORT ON ITS ACTIVITIES TO
 THE GOVERNOR AND THE LEGISLATURE.
   § 3. Section 2 of a chapter of the laws of 2023 amending the executive
 law relating to establishing the New York  Asian  American  and  Pacific
 Islander  commission, as proposed in legislative bills numbers S. 1051-A
 and A. 3301-A, is amended to read as follows:
   § 2. This act shall take effect immediately AND SHALL  EXPIRE  AND  BE
 DEEMED REPEALED FIVE YEARS AFTER SUCH DATE.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on the same date  and
 in  the same manner as a chapter of the laws of 2023 amending the execu-
 tive law relating to establishing the New York Asian American and Pacif-
 ic Islander commission, as proposed  in  legislative  bills  numbers  S.
 1051-A and A. 3301-A, takes effect.