S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4251
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M. of A. QUART -- Multi-Sponsored by -- M. of A. CAHILL,
   ENGLEBRIGHT,  GUNTHER,  JAFFEE,  ORTIZ,  SIMANOWITZ,  THIELE,  TITONE,
   WEPRIN -- read once and referred to the Committee on Mental Health
 
 AN ACT to amend the executive law and the state finance law, in relation
   to creating the New York state autism council

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  article  19-E
 to read as follows:
 
                               ARTICLE 19-E
                       NEW YORK STATE AUTISM COUNCIL
 
 SECTION 460. DEFINITIONS.
         461. NEW YORK STATE AUTISM COUNCIL.
   § 460. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "AUTISM AWARENESS PROJECT" MEANS A PROJECT APPROVED BY THE COUNCIL
 AIMED TOWARD EDUCATING THE GENERAL PUBLIC ABOUT THE SYMPTOMS AND  TREAT-
 MENTS OF AUTISM;
   2.  "COUNCIL"  MEANS  THE  NEW  YORK  STATE AUTISM COUNCIL ESTABLISHED
 PURSUANT TO SECTION FOUR HUNDRED SIXTY-ONE OF THIS ARTICLE; AND
   3. "PROGRAM AND SERVICES ENHANCEMENTS" MEANS ANY SUPPLEMENTAL  PROGRAM
 OR  SERVICE  THAT WILL ASSIST IN POSITIVE OUTCOMES FOR INDIVIDUALS DIAG-
 NOSED WITH AUTISM AND THEIR FAMILIES THAT ARE APPROVED BY THE COUNCIL.
   § 461. NEW YORK STATE AUTISM COUNCIL. 1. THERE IS ESTABLISHED,  WITHIN
 THE EXECUTIVE DEPARTMENT, THE NEW YORK STATE AUTISM COUNCIL.  THE GOVER-
 NOR  SHALL  DESIGNATE ONE OF THE APPOINTED MEMBERS TO SERVE AS THE CHAIR
 OF THE COUNCIL.  THE COUNCIL SHALL BE COMPOSED  OF  SIXTEEN  MEMBERS  AS
 FOLLOWS:
   A. A REPRESENTATIVE OF THE DEPARTMENT OF HEALTH;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07496-01-7

 A. 4251                             2
 
   B. A REPRESENTATIVE OF THE DEPARTMENT OF EDUCATION;
   C.  A REPRESENTATIVE OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES;
   D. A REPRESENTATIVE OF THE DEPARTMENT OF FINANCIAL SERVICES;
   E. A REPRESENTATIVE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
   F. A REPRESENTATIVE FROM  NEW  YORK  FAMILIES  FOR  AUTISTIC  CHILDREN
 (NYFAC);
   G. TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE
 OF WHOM SHALL BE THE PARENT OF A CHILD WITH AUTISM;
   H.  TWO  MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF WHOM
 SHALL BE THE PARENT OF A CHILD WITH AUTISM; AND
   I. SIX MEMBERS APPOINTED BY THE GOVERNOR: (I) ONE OF WHOM SHALL  BE  A
 REPRESENTATIVE  FROM  AN  INSTITUTION  OF  HIGHER  LEARNING WHERE AUTISM
 EDUCATION CURRICULUM IS CURRENTLY BEING OFFERED; (II) ONE OF WHOM  SHALL
 BE A REPRESENTATIVE OF THE NORTHERN PART OF THE STATE; (III) ONE OF WHOM
 SHALL BE A REPRESENTATIVE OF THE SOUTHERN PART OF THE STATE; (IV) ONE OF
 WHOM SHALL BE A REPRESENTATIVE OF THE EASTERN PART OF THE STATE; (V) ONE
 OF  WHOM SHALL BE A REPRESENTATIVE OF THE WESTERN PART OF THE STATE; AND
 (VI) ONE OF WHOM SHALL BE A MEMBER OF THE MEDICAL FIELD SPECIALIZING  IN
 RESEARCH WITHIN THE FIELD OF AUTISM.
   2.  APPOINTED  MEMBERS OF THE COUNCIL SHALL SERVE TERMS OF THREE YEARS
 EACH, EXCEPT THAT:
   A. ONE MEMBER INITIALLY APPOINTED BY THE GOVERNOR, ONE MEMBER INITIAL-
 LY APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,  AND  ONE  MEMBER
 INITIALLY  APPOINTED  BY  THE  SPEAKER OF THE ASSEMBLY SHALL SERVE A ONE
 YEAR TERM; AND
   B. A SECOND MEMBER INITIALLY APPOINTED BY  THE  GOVERNOR,  THE  SECOND
 MEMBER INITIALLY APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE  SECOND  MEMBER  INITIALLY  APPOINTED BY THE SPEAKER OF THE ASSEMBLY
 SHALL SERVE A TWO YEAR TERM.
   3. ALL VACANCIES SHALL BE FILLED IN THE SAME MANNER  AS  THE  ORIGINAL
 APPOINTMENT.  ALL VACANCIES MUST BE FILLED WITHIN NINETY DAYS, OTHERWISE
 THE COUNCIL SHALL DETERMINE, BY MAJORITY VOTE, WHO SHALL FILL THE VACAN-
 CY. MEMBERS APPOINTED TO FILL A VACANCY OCCURRING FOR REASON OTHER  THAN
 AN EXPIRATION OF A TERM SHALL SERVE FOR THE REMAINDER OF THE TERM OF THE
 PERSON  WHOM HE OR SHE IS REPLACING. MEMBERS ARE ELIGIBLE FOR REAPPOINT-
 MENT.
   4. MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE ENTITLED  TO
 ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BUSINESS
 AS MEMBERS OF THE COUNCIL.
   5. A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM.
 A MAJORITY VOTE OF A QUORUM SHALL BE REQUIRED FOR ANY OFFICIAL ACTION OF
 THE COUNCIL.
   6.  THE COUNCIL SHALL MEET AT THE CALL OF THE CHAIR, BUT NOT LESS THAN
 FOUR TIMES PER YEAR.
   7. THE COUNCIL SHALL:
   A. APPROVE AUTISM AWARENESS PROGRAMS;
   B. CARRY OUT A PROGRAM TO PROVIDE INFORMATION AND EDUCATION ON PROGRAM
 AND SERVICES ENHANCEMENTS TO FAMILIES IN THE STATE WITH MEMBERS  SUFFER-
 ING FROM AUTISM;
   C.  ESTABLISH THE MECHANISMS TO USE THE RESULTS OF BIOMEDICAL RESEARCH
 ON AUTISM AND AUTISM SPECTRUM DISORDERS;
   D.  ESTABLISH  A  MECHANISM  FOR  THE  SHARING  OF  INFORMATION  AMONG
 RESEARCHERS  AND  CLINICIANS IN THE STATE CONDUCTING BIOMEDICAL RESEARCH
 ON AUTISM AND AUTISM SPECTRUM DISORDERS;

 A. 4251                             3
 
   E. PROVIDE FOR A MECHANISM THAT WOULD  PERMIT  THE  PUBLIC  TO  OBTAIN
 INFORMATION  ON  THE  EXISTING AND PLANNED PROGRAMS AND ACTIVITIES BEING
 CONDUCTED RELATED TO AUTISM, INCLUDING ANY PILOT STUDIES, AND THE  COUN-
 CIL  TO  RECEIVE  COMMENTS  FROM THE PUBLIC REGARDING THESE PROGRAMS AND
 ACTIVITIES; AND
   F.  PROVIDE AN ANNUAL REPORT TO THE GOVERNOR WITH THE COUNCIL'S RECOM-
 MENDATIONS AND EXAMINING THE CREATION OF PROGRAMS AND SERVICES FOR INDI-
 VIDUALS WITH AUTISM.
   § 2. Subdivision 3 of section 95-e of the state finance law, as  added
 by chapter 301 of the laws of 2004, is amended to read as follows:
   3.  (a)  Monies  of  the  fund  shall be expended only for PROGRAM AND
 SERVICE ENHANCEMENTS FOR INDIVIDUALS DIAGNOSED WITH AN  AUTISM  SPECTRUM
 DISORDER, autism awareness projects or autism research projects approved
 by  the  department  of  health [in] CONDUCTED WITHIN THE BORDERS OF New
 York state provided, however, that no more than ten  percent  of  monies
 from  such  fund  shall  be  expended  on the aggregate number of autism
 research projects approved in a fiscal year.
   (b) As used in this section, the term "autism research project"  means
 scientific research RECOMMENDED BY THE NEW YORK STATE AUTISM COUNCIL AND
 approved by the department of health into the causes and/or treatment of
 autism,  THE  TERM "PROGRAM AND SERVICES ENHANCEMENTS" MEANS ANY SUPPLE-
 MENTAL PROGRAM OR SERVICE THAT WILL  ASSIST  IN  POSITIVE  OUTCOMES  FOR
 INDIVIDUALS  DIAGNOSED  WITH AUTISM AND THEIR FAMILIES THAT ARE APPROVED
 BY THE NEW YORK STATE AUTISM COUNCIL ESTABLISHED IN SECTION FOUR HUNDRED
 SIXTY-ONE OF THE EXECUTIVE LAW and the term "autism  awareness  project"
 means  a  project  approved by the [department of health] NEW YORK STATE
 AUTISM COUNCIL aimed toward educating  the  general  public  about  [the
 causes,] symptoms[,] and treatments of autism.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.