S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6543
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2023
                                ___________
 
 Introduced  by  M.  of  A. SEAWRIGHT -- (at request of the Developmental
   Disabilities Planning Council)  --  read  once  and  referred  to  the
   Committee on People with Disabilities
 
 AN  ACT to amend the executive law, in relation to renaming the develop-
   mental disabilities planning council and providing for the appointment
   of members

   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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05949-03-3
              

 A. 6543                             2

 third shall be appointed for two year terms] A MEMBER WHO HAS SERVED TWO
 CONSECUTIVE    THREE-YEAR  TERMS  MAY  NOT BE REAPPOINTED TO THE COUNCIL
 UNTIL AT LEAST THREE YEARS HAVE  ELAPSED  FROM  THE  COMPLETION  OF  THE
 MEMBER'S  SECOND  THREE-YEAR  TERM.  EACH MEMBER'S THREE-YEAR TERM SHALL
 COMMENCE UPON THEIR OFFICIAL APPOINTMENT, AND A MEMBER MAY  CONTINUE  TO
 SERVE ON THE COUNCIL UNTIL A REPLACEMENT APPOINTMENT HAS BEEN MADE, EVEN
 IF  THEIR  TERM HAS ENDED.  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
 designee INCLUDING, BUT NOT LIMITED TO, THE COMMISSIONER  OF  EDUCATION,
 OR  SUCH  PERSON'S DESIGNEE WHO OVERSEES POLICY PLANNING AND IMPLEMENTA-
 TION OF THE REHABILITATION ACT OF 1973, AND SUCH PERSON'S  DESIGNEE  WHO
 OVERSEES  POLICY  PLANNING  AND  IMPLEMENTATION  OF THE 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.  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  AND
 NONGOVERNMENTAL  AGENCIES  AND PROVIDER NONPROFIT agencies, [and non-go-
 vernmental agencies and groups] concerned with services to persons  with
 developmental disabilities in New York state.
   (c)  At  least  sixty percent of the COUNCIL [members appointed by the
 governor] shall  consist  of  [developmentally  disabled]  persons  WITH
 DEVELOPMENTAL DISABILITIES or [their] parents or guardians or [of] imme-
 diate  relatives  [or guardians] of persons with developmental disabili-
 ties.
   (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 person] A PERSON  WITH  A
 DEVELOPMENTAL  DISABILITY WHO RESIDES OR PREVIOUSLY RESIDED IN AN INSTI-
 TUTION, OR A PERSON WITH  A  DEVELOPMENTAL  DISABILITY  WHO  RESIDES  OR
 PREVIOUSLY  RESIDED  IN  AN INSTITUTION DEFINED IN SUBDIVISION ELEVEN OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW.
 A. 6543                             3
 
   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.