Budget Amendment ID: FY2022-S3-153-R1

Redraft OTH 153

Asian American and Pacific Islander Commission

Ms. Chang-Diaz, Mr. Eldridge, Ms. Gobi, Messrs. Moore, Lesser, Velis, Gomez and Cyr and Ms. Rausch moved that the proposed new text be amended by inserting before section 4 the following section:-

“SECTION 4A Chapter 3 of the General Laws is hereby amended by striking out section 68, as most recently amended by section 5 of chapter 227 of the acts of 2020, and inserting in place thereof the following section:-

Section 68. (a) There shall be a permanent commission on the status of Asian Americans and Pacific Islanders that shall consist of: 3 persons to be appointed by the governor; 3 persons to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the senate president; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; 3 persons to be appointed by the state treasurer; 3 persons to be appointed by the state secretary; 3 persons to be appointed by the attorney general; and 3 persons appointed by the state auditor. Members of the commission shall be residents of the commonwealth who have demonstrated a commitment to the Asian American and Pacific Islander community. Members shall be subject to chapter 268A as it applies to special state employees.

(b) Members shall serve for terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. All appointments shall be made in consultation with Asian American and Pacific Islander organizations. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process, using a uniform application that shall be widely distributed throughout the commonwealth.

(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.

(d) The commission shall be a resource to the commonwealth on issues affecting Asian American and Pacific Islander communities. In furtherance of that responsibility, the commission shall: (i) promote research and be a clearinghouse and source of information on issues pertaining to Asian Americans and Pacific Islanders in the commonwealth; (ii) inform the public, leaders of business, education, human services, health care and state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting Asian Americans and Pacific Islanders in the commonwealth; (iii) foster unity among Asian American and Pacific Islander communities and organizations in the commonwealth by promoting cooperation, sharing of information and encouraging collaboration and joint activities; (iv) serve as a liaison between government and private interest groups on matters of unique interest and concern to Asian Americans and Pacific Islanders in the commonwealth; (v) identify opportunities to expand and improve commercial and cultural ties with Asian and Pacific Island nations; (vi) identify and recommend qualified Asian Americans and Pacific Islanders for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate; (vii) assess the effect on Asian Americans and Pacific Islanders of programs and practices in state agencies, as the commission considers necessary and appropriate; (viii) advise executive and legislative bodies on the potential effect on Asian Americans and Pacific Islanders of proposed legislation, as the commission considers necessary and appropriate; and (ix) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of Asian Americans and Pacific Islanders in the commonwealth.

(e) The powers of the commission shall include, but not be limited to: (i) using the voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including provision of meeting places and refreshments; (ii) holding regular, public meetings and to hold fact-finding hearings and other public forums as it considers necessary; (iii) directing staff to perform its duties; (iv) establishing and maintaining offices that it considers necessary, subject to appropriation; (v) enacting by-laws for its own governance that are not inconsistent with any general or special law; (vi) requesting from all state agencies whatever information and assistance the commission requires; and (vii) making recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).

(f) The commission may accept and solicit funds, including any gifts, donations, grants, or bequests, or any federal funds for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth and be expended by the commission in accordance with law.

(g) The commission staff shall consist of an executive director, employees and volunteers who shall assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.

(h) Annually, not later than June 2, the commission shall submit a report on the results of its findings and activities during the preceding year, along with its recommendations, to the governor and to the clerks of the senate and house of representatives.”.