S T A T E O F N E W Y O R K
________________________________________________________________________
3402
2025-2026 Regular Sessions
I N A S S E M B L Y
January 27, 2025
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Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on People with Disabilities
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;
B. A REPRESENTATIVE OF THE DEPARTMENT OF EDUCATION;
C. A REPRESENTATIVE OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06701-01-5
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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 SUCH PERSON IS REPLACING. MEMBERS ARE ELIGIBLE FOR REAP-
POINTMENT.
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;
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-
A. 3402 3
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
amended by section 7 of part AA of chapter 56 of the laws of 2020, 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 office for people with developmental disabilities [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 office for people with developmental disabilities into
the causes and/or treatment of autism, THE TERM "PROGRAM AND SERVICES
ENHANCEMENTS" MEANS ANY SUPPLEMENTAL 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 ESTAB-
LISHED IN SECTION FOUR HUNDRED SIXTY-ONE OF THE EXECUTIVE LAW and the
term "autism awareness project" means a project approved by the [office
for people with developmental disabilities aimed] NEW YORK STATE AUTISM
COUNCIL toward educating the general public about [the causes,] symp-
toms[,] and treatments of autism.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.