STATE OF NEW YORK ________________________________________________________________________ 8550 IN ASSEMBLY January 8, 2024 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Governmental Operations 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: 1 Section 1. Section 295-a of the executive law, as added by a chapter 2 of the laws of 2023 amending the executive law relating to establishing 3 the New York Asian American and Pacific Islander commission, as proposed 4 in legislative bills numbers S. 1051-A and A. 3301-A, is REPEALED. 5 § 2. The executive law is amended by adding a new section 94-d to read 6 as follows: 7 § 94-d. New York Asian American and Pacific Islander commission. 1. 8 (a) There is hereby established within the department of state the New 9 York Asian American and Pacific Islander commission. The commission 10 shall consist of thirteen members representative of Asian American and 11 Pacific Islander communities which may include, but not be limited to: 12 the Bangladeshi, Bhutanese, Cambodian, Chinese, Filipino, Hmong, Indian, 13 Indonesian, Japanese, Korean, Laotian, Malaysian, Mongolian, Nepalese, 14 Pakistani, Singaporean, Sri Lankan, Taiwanese, Thai, and Vietnamese 15 communities. Such members shall have experience advocating on behalf of 16 their community, and shall be appointed as follows: 17 (1) seven members shall be appointed by the governor; 18 (2) two members shall be appointed by the temporary president of the 19 senate; 20 (3) two members shall be appointed by the speaker of the assembly; 21 (4) one member shall be appointed by the minority leader of the 22 senate; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02690-04-4A. 8550 2 1 (5) one member shall be appointed by the minority leader of the assem- 2 bly. 3 The secretary of state, or their designee, shall serve as chair of the 4 commission. 5 (b) Each member of the commission shall serve a term of three years, 6 except that in making the first appointments to the commission, four 7 members shall be appointed to serve for one year, four for two years, 8 and five for three years. The first appointments made by the temporary 9 president of the senate and speaker of the assembly shall be allocated 10 equally between the one-year and two-year terms of service. The first 11 appointments made by the minority leaders shall serve for three years. 12 The first appointments made by the governor shall be as follows: two 13 members shall be appointed to serve for one year, two members shall be 14 appointed to serve for two years, and three members shall be appointed 15 to serve for three years. The members shall be eligible for reappoint- 16 ment and shall serve until their successors are appointed and qualified, 17 and the term of the successor of any incumbent shall be calculated from 18 the expiration of the term of that incumbent. A vacancy occurring other 19 than by expiration of term shall be filled in the same manner as the 20 original appointment, but for the unexpired term only. 21 (c) A majority of the members of the commission shall constitute a 22 quorum for the purpose of conducting the business thereof and a majority 23 vote of all the members in office shall be necessary for action. 24 2. The commission shall make recommendations regarding the following: 25 (a) policies to improve the community, economic and social well-being, 26 and the health and educational needs important to Asian American and 27 Pacific Islander communities in the state; 28 (b) statewide programs, recognizing the continuing contributions of 29 Asian American and Pacific Islander individuals in the state; 30 (c) public education campaigns regarding Asian American and Pacific 31 Islander issues and culture; 32 (d) ways to increase the awareness among Asian American and Pacific 33 Islander individuals of state and local resources that may benefit Asian 34 American and Pacific Islander individuals and communities as a whole. 35 3. The members of the commission shall serve without compensation, but 36 they shall be entitled to reimbursement for all necessary expenses 37 incurred in the performance of their duties. 38 4. The commission shall submit an annual report on its activities to 39 the governor and the legislature. 40 § 3. Section 2 of a chapter of the laws of 2023 amending the executive 41 law relating to establishing the New York Asian American and Pacific 42 Islander commission, as proposed in legislative bills numbers S. 1051-A 43 and A. 3301-A, is amended to read as follows: 44 § 2. This act shall take effect immediately and shall expire and be 45 deemed repealed five years after such date. 46 § 4. This act shall take effect immediately; provided, however, that 47 sections one and two of this act shall take effect on the same date and 48 in the same manner as a chapter of the laws of 2023 amending the execu- 49 tive law relating to establishing the New York Asian American and Pacif- 50 ic Islander commission, as proposed in legislative bills numbers S. 51 1051-A and A. 3301-A, takes effect.