S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9400
 
                             I N  S E N A T E
 
                               May 24, 2022
                                ___________
 
 Introduced by Sen. MANNION -- (at request of the Developmental Disabili-
   ties  Planning  Council)  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the executive law, in relation to the composition of the
   state council on developmental disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 450 of the executive law, as added by chapter 588
 of the laws of 1981, subdivision 3 as amended by section 1 of part HH of
 chapter 57 of the laws of 2021, is amended to read as follows:
   § 450. [Developmental disabilities planning council] STATE COUNCIL  ON
 DEVELOPMENTAL  DISABILITIES.  1. There is hereby established, within the
 executive department, a  STATE  COUNCIL  ON  developmental  disabilities
 [planning  council],  to  perform those duties and functions required by
 the  federal  developmental   disabilities   services   and   facilities
 construction act of nineteen hundred seventy and by the federal develop-
 mentally  disabled assistance and bill of rights act of nineteen hundred
 seventy-five as amended  by  the  federal  rehabilitation  comprehensive
 services  and  developmental disabilities amendments of nineteen hundred
 seventy-eight and any acts amendatory thereof or supplemental thereto.
   2. The council shall consist of [at least twenty persons appointed  by
 the  governor] VOTING MEMBERS WHO SHALL BE SELECTED from among residents
 of New York state AND SHALL BE GEOGRAPHICALLY REPRESENTATIVE AND REFLECT
 THE DIVERSITY OF THE STATE. The  governor  shall  APPOINT  ITS  MEMBERS,
 OTHER  THAN  THE MEMBERS LISTED IN PARAGRAPH (A) OF SUBDIVISION THREE OF
 THIS SECTION AND SHALL designate one of the appointed members  to  serve
 as  [chairman]  CHAIRPERSON.   Members, OTHER THAN THE MEMBERS LISTED IN
 PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, shall  be  appointed
 for  terms  of  three years, provided however, that of the members first
 appointed, one-third shall be appointed for a one  year  term  and  one-
 third  shall  be appointed for two year terms. Vacancies shall be filled
 in the same manner as original appointments for  the  remainder  of  the
 unexpired term.
   3.  (a)  The following people shall serve as ex officio VOTING members
 of the council:
   (i) the head of any state agency that administers funds provided under
 federal laws related to individuals with disabilities, or such  person's
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13795-01-2
 S. 9400                             2
 
 designee,  INCLUDING, BUT NOT LIMITED TO: THE COMMISSIONER OF EDUCATION,
 OR SUCH PERSON'S DESIGNEE WHO OVERSEES POLICY PLANNING  AND  IMPLEMENTA-
 TION  OF  THE  FEDERAL  INDIVIDUALS WITH DISABILITIES EDUCATION ACT; THE
 DIRECTOR  OF  THE  OFFICE  FOR  THE AGING, OR SUCH PERSON'S DESIGNEE WHO
 OVERSEES POLICY PLANNING AND IMPLEMENTATION OF THE OLDER  AMERICANS  ACT
 OF  1965;  AND THE COMMISSIONER OF HEALTH, OR SUCH PERSON'S DESIGNEE WHO
 OVERSEES POLICY PLANNING AND IMPLEMENTATION OF TITLES V AND XIX  OF  THE
 SOCIAL SECURITY ACT;
   (ii) the head of any university center for excellence in developmental
 disabilities, or such person's designee; and
   (iii)  the head of the state's protection and advocacy system, or such
 person's designee.
   (A-1) DESIGNEES SHALL HAVE SUFFICIENT AUTHORITY TO  ENGAGE  IN  POLICY
 PLANNING AND IMPLEMENTATION ON BEHALF OF THEIR RESPECTIVE ENTITIES.
   (b)  The membership of the STATE COUNCIL ON developmental disabilities
 [planning council] shall also include REPRESENTATIVES FROM local  [agen-
 cies,]  and  non-governmental  agencies  and [groups] PROVIDER NONPROFIT
 AGENCIES concerned with services to persons with developmental disabili-
 ties in New York state.
   (c) At least sixty percent of the [members appointed by the  governor]
 COUNCIL  shall consist of [developmentally disabled] persons WITH DEVEL-
 OPMENTAL DISABILITIES or [their] parents or guardians or [of]  immediate
 relatives [or guardians] of persons with developmental disabilities.
   (i)  These  members  may  not be employees of a state agency receiving
 funds or providing services under the federal developmental disabilities
 assistance act or have a managerial, proprietary or controlling interest
 in an entity [which] THAT receives funds or provides services under such
 act[,];
   (ii) [At least one-third] ONE-THIRD of these members shall [be  devel-
 opmentally disabled,] HAVE A DEVELOPMENTAL DISABILITY;
   (iii) [At least one-third] ONE-THIRD of these members shall be immedi-
 ate  relatives or guardians of persons with developmental disabilities[,
 and];
   (iv) ONE-THIRD OF THESE MEMBERS SHALL BE A COMBINATION OF THE INDIVID-
 UALS DESCRIBED IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH; AND
   (V) At least one member shall be an immediate relative or guardian  of
 [an institutionalized developmentally disabled] A person WITH A DEVELOP-
 MENTAL DISABILITY WHO RESIDES OR PREVIOUSLY RESIDED IN AN INSTITUTION OR
 A  PERSON  WITH  A  DEVELOPMENTAL  DISABILITY  WHO RESIDES OR PREVIOUSLY
 RESIDED IN AN INSTITUTION.
   4. The STATE COUNCIL ON developmental disabilities [planning  council]
 shall meet periodically or at the call of its [chairman] CHAIRPERSON.
   5. The [chairman, in consultation with the other members of the] coun-
 cil[,]  shall  RECRUIT  AND  appoint [and employ such personnel as he or
 she] THE EXECUTIVE DIRECTOR OF THE COUNCIL AS THEY may  deem  necessary,
 prescribe   their   duties,  fix  their  compensation  and  provide  for
 reimbursement of their expenses within amounts available  therefor  from
 federal  funds reserved by the state pursuant to the developmental disa-
 bilities assistance and bill of rights act or by state appropriation.
   6. Members shall receive no compensation for their services but  shall
 be  reimbursed  out of federal funds available therefor for all expenses
 actually and necessarily incurred by them in the  performance  of  their
 duties.
   § 2. This act shall take effect immediately.