S T A T E O F N E W Y O R K
________________________________________________________________________
2758--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. P. RIVERA, WEISENBERG -- read once and referred
to the Committee on Mental Health, Mental Retardation and Develop-
mental Disabilities -- reported and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to establish a temporary task force on developmental disabilities
and establishing the powers and duties thereof; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that the office
of mental retardation and developmental disabilities promulgated an
advisory guideline (August 10, 2001) that includes an eligibility stand-
ard for the services of such office that excludes many persons who are
substantially handicapped by certain developmental disabilities. The
legislature further finds that this advisory guideline conflicts with
the mental hygiene law, which includes cerebral palsy, epilepsy, neuro-
logical impairment, familial dysautonomia or autism in its definition of
a "developmental disability". To correct this inconsistency and to
adequately address the needs of consumers substantially handicapped by
such developmental disabilities, the legislature finds that a temporary
task force on developmental disabilities should be established.
S 2. A temporary task force on developmental disabilities is hereby
established to develop eligibility guidelines that are sensitive to the
disabling effects of cerebral palsy, epilepsy, neurological impairment,
familial dysautonomia or autism. Such task force shall develop a defi-
nition of "substantial handicap due to cerebral palsy, epilepsy, neuro-
logical impairment, familial dysautonomia or autism", determine measure-
ment instruments or mechanisms that could be used to establish
substantial handicap due to cerebral palsy, epilepsy, neurological
impairment, familial dysautonomia or autism, consider the potential
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02558-03-9
A. 2758--A 2
progressive nature of some of these conditions and address the "age of
onset" requirement in qualifying for office of mental retardation and
developmental disabilities services.
S 3. The temporary task force on developmental disabilities shall
consist of 15 members. The commissioner of mental retardation and devel-
opmental disabilities shall be the chair of such task force and a non-
voting member. The remaining 14 members shall be appointed as follows:
eight members by the governor, two members by the temporary president of
the senate, two members by the speaker of the assembly, one member by
the minority leader of the senate, and one member by the minority leader
of the assembly. All members shall be appointed only if they have
demonstrated an active interest in the treatment of persons with mental
retardation and developmental disabilities generally, with at least four
of the eight members appointed by the governor, one of two members
appointed by the temporary president of the senate, and speaker of the
assembly, being actively engaged in the treatment of people with cere-
bral palsy, epilepsy, neurological impairment, familial dysautonomia and
autism. Vacancies in the membership of such task force shall be filled
in the manner provided for original appointments.
S 4. The members of the temporary task force on developmental disabil-
ities shall receive no compensation for their services, but may be
allowed their actual and necessary expenses incurred in performing their
duties pursuant to this act.
S 5. To the maximum extent feasible, the temporary task force on
developmental disabilities shall be entitled to request and receive, and
shall utilize and be provided with such facilities, resources and data
of any court, department, division, board, bureau, commission or agency
of the state or any political subdivision thereof as it may reasonably
request to properly carry out its powers and duties.
S 6. The temporary task force on developmental disabilities shall
report its findings, conclusions and recommendations to the governor and
legislature no later than March 1, 2010. These recommendations shall be
taken into consideration when establishing eligibility standards for
services provided by the office of mental retardation and developmental
disabilities to people substantially handicapped by cerebral palsy,
epilepsy, neurological impairment, familial dysautonomia and autism
within six months from the date of the filing of such report.
S 7. This act shall take effect immediately and shall expire and be
deemed repealed September 1, 2010.