S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7094
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 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 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
              

 S. 7094                             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.
 S. 7094                             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.