A5961

An Act concerning lesbian, gay, bisexual, transgender, queer, and questioning affairs and supplementing Title 10 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. There is established in, but not of, the Division on Civil Rights in the Department of Law and Public Safety the “Commission on Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Affairs.” The purpose of the commission shall be to:

(1) develop recommendations for and review legislation and regulations that impact lesbian, gay, bisexual, transgender, queer, and questioning individuals;

(2) develop and review policies pertaining to health and human services, housing, education, employment, business, and other areas which impact lesbian, gay, bisexual, transgender, queer, and questioning individuals;

(3) provide assistance to State agencies and departments to ensure anti-discriminatory employee hiring, retention, and promotion policies therein;

(4) serve as a liaison to federal, State, and local agencies to ensure that programs affecting lesbian, gay, bisexual, transgender, queer, and questioning individuals are effectively utilized and promoted;

(5) provide forums for developing strategies and programs that expand the civic, social, educational, cultural, and economic status of lesbian, gay, bisexual, transgender, queer, and questioning individuals;

(6) identify programs, scholarships, mentoring programs, sources of funding, and other resources for the benefit and advancement of lesbian, gay, bisexual, transgender, queer, and questioning individuals;

(7) promote the cultural arts of lesbian, gay, bisexual, transgender, queer, and questioning individuals; and

(8) identify State activities and initiatives that impact lesbian, gay, bisexual, transgender, queer, and questioning individuals.

b. The Commission on Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Affairs shall consist of 17 members as follows:

(1) nine members to be appointed by the Governor upon the recommendation of the head of the department, division, or office from which the member is to be appointed:

(a) a representative of the Department of Banking and Insurance whose duties or expertise includes insurance and banking services and policies as applied to lesbian, gay, bisexual, transgender, queer, and questioning individuals;

(b) a representative of the Department of Human Services whose duties or expertise includes expanding access for minority populations to the department’s services or eliminating discrimination in the delivery of departmental programs, policies, or initiatives;

(c) a representative of the Department of Health whose duties or expertise includes expanding access for minority populations to clinically-appropriate healthcare services or eliminating discrimination in the delivery of healthcare programs, policies, or initiatives;

(d) a representative of the Department of Education whose duties or expertise includes protecting the rights of minority students or eliminating discrimination in the delivery of educational programs, policies, or initiatives;

(e) a representative of the Office of the Secretary of Higher Education whose duties or expertise includes protecting the rights of minority students in the higher education system or eliminating discrimination in the delivery of higher educational programs, policies, or initiatives;

(f) a representative of the Division on Civil Rights in the Department of Law and Public Safety whose duties or expertise includes expanding access for lesbian, gay, bisexual, transgender, queer, and questioning individuals to the department’s services or eliminating discrimination against lesbian, gay, bisexual, transgender, queer, and questioning individuals in the delivery of the division’s programs, policies, or initiatives;

(g) a representative of the Department of Children and Families whose duties or expertise includes expanding access for lesbian, gay, bisexual, transgender, queer, and questioning youth to the department’s services or eliminating discrimination in the delivery of departmental programs, policies, or initiatives with regard to lesbian, gay, bisexual, transgender, queer, and questioning youth;

(h) a representative of the Department of Corrections whose duties or expertise includes protecting the safety of minority populations or eliminating discrimination in the delivery of departmental programs, policies, or initiatives; and

(i) a representative of the Department of Labor and Workforce Development whose duties or expertise includes expanding access for minority populations to the department’s services or eliminating discrimination in the delivery of departmental programs, policies, or initiatives;

(2) two public members to be appointed by the Speaker of the General Assembly, one of whom shall be a physician who specializes in lesbian, gay, bisexual, transgender, queer, and questioning health issues, and one of whom shall be a lesbian, gay, bisexual, transgender, queer, or questioning individual;

(3) two public members to be appointed by the President of the Senate, one of whom shall be a parent or guardian of a lesbian, gay, bisexual, transgender, queer, and questioning individual, and one of whom shall be an attorney specializing in lesbian, gay, bisexual, transgender, queer, and questioning rights; and

(4) four public members to be appointed by the Governor, with at least one of whom shall be a representative of a social service agency that provides services and supports to lesbian, gay, bisexual, transgender, queer, and questioning individuals.

c. Members of the commission appointed pursuant to paragraph (1) of subsection b. of this section shall serve at the pleasure of the Governor. Public members of the commission shall serve for a term of five years, provided that, of the public members first appointed to the commission, two shall serve for a term of two years, two shall serve for a term of three years, two shall serve for a term of four years, and two shall serve for a term of five years. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.

d. The commission shall organize as soon as practicable following the appointment of its members, but not later than the 30th day following the appointment of its members. Upon its organization, the commission shall select a chairperson and a vice chairperson from among its members. The chairperson shall appoint a secretary, who need not be a member of the commission. The commission shall meet and hold meetings at such times and places as shall be designated by the chairperson. A majority of the authorized members shall constitute a quorum for the purposes of undertaking official commission business. The members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.

e. The commission shall be entitled to receive assistance and services from any State, county, or municipal department, board, commission, or agency as it may require, and as may be available to it for its purposes. The Division on Civil Rights in the Department of Law and Public Safety shall provide professional and clerical staff to the commission as may be necessary to effectuate the purposes of this act.

f. Commencing one year after the date the commission initially organizes, and annually thereafter, the commission shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, outlining its recommendations.

2. This act shall take effect immediately.

STATEMENT

This bill establishes the “Commission on Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Affairs” (commission).

Under the bill, the purpose of the commission is to:

(1) develop and review recommendations for legislation and regulations that impact lesbian, gay, bisexual, transgender, queer, and questioning individuals;

(3) provide assistance to State agencies and departments to ensure anti-discriminatory employee hiring, retention, and promotion policies therein;

(7) promote the cultural arts of lesbian, gay, bisexual, transgender, queer, and questioning individuals; and

(8) identify State activities and initiatives that impact lesbian, gay, bisexual, transgender, queer, and questioning individuals.

Under the bill, the commission is to consist of 17 members as follows:

(1) nine members to be appointed by the Governor upon the recommendation of the head of the department, division, or office from which the member is to be appointed: a representative of the Department of Banking and Insurance whose duties or expertise includes insurance and banking services and policies as applied to lesbian, gay, bisexual, transgender, queer, and questioning individuals; a representative of the Department of Human Services whose duties or expertise includes expanding access for minority populations to the department’s services or eliminating discrimination in the delivery of departmental programs, policies, or initiatives; a representative of the Department of Health whose duties or expertise includes expanding access for minority populations to clinically-appropriate healthcare services or eliminating discrimination in the delivery of healthcare programs, policies, or initiatives; a representative of the Department of Education whose duties or expertise includes protecting the rights of minority students or eliminating discrimination in the delivery of educational programs, policies, or initiatives; a representative of the Office of the Secretary of Higher Education whose duties or expertise includes protecting the rights of minority students in the higher education system or eliminating discrimination in the delivery of higher educational programs, policies, or initiatives; a representative of the Division on Civil Rights in the Department of Law and Public Safety whose duties or expertise includes expanding access for lesbian, gay, bisexual, transgender, queer, and questioning individuals to the department’s services or eliminating discrimination against lesbian, gay, bisexual, transgender, queer, and questioning individuals in the delivery of the division’s programs, policies, or initiatives; a representative of the Department of Children and Families whose duties or expertise includes expanding access for lesbian, gay, bisexual, transgender, queer, and questioning youth to the department’s services or eliminating discrimination in the delivery of departmental programs, policies, or initiatives with regard to lesbian, gay, bisexual, transgender, queer, and questioning youth; a representative of the Department of Corrections whose duties or expertise includes protecting the safety of minority populations or eliminating discrimination in the delivery of departmental programs, policies, or initiatives; and a representative of the Department of Labor and Workforce Development whose duties or expertise includes expanding access for minority populations to the department’s services or eliminating discrimination in the delivery of departmental programs, policies, or initiatives;

(2) two public members to be appointed by the Speaker of the General Assembly, one of whom is to be a physician who specializes in lesbian, gay, bisexual, transgender, queer, and questioning health issues, and one of whom is to be a lesbian, gay, bisexual, transgender, queer, or questioning individual;

(3) two public members to be appointed by the President of the Senate, one of whom is to be a parent or guardian of a lesbian, gay, bisexual, transgender, queer, and questioning individual, and one of whom is to be an attorney specializing in lesbian, gay, bisexual, transgender, queer, and questioning rights; and

(4) four public members to be appointed by the Governor, with at least one of whom is to be a representative of a social service agency that provides services and supports to lesbian, gay, bisexual, transgender, queer, and questioning individuals.