S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2993

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced   by  M.  of  A.  PHEFFER,  P. RIVERA,  WEISENBERG,  BRADLEY,
  V. LOPEZ, PAULIN, MILLMAN, ORTIZ, KOON, DINOWITZ,  SCHROEDER,  FIELDS,
  MAISEL  --  Multi-Sponsored  by -- M. of A. ABBATE, ALFANO, BENEDETTO,
  BOYLAND,  BRENNAN,  CARROZZA,  CLARK,  COLTON,  CYMBROWITZ,  DelMONTE,
  DUPREY,  GALEF,  GUNTHER, HOYT, JAFFEE, JOHN, LIFTON, LUPARDO, MARKEY,
  MAYERSOHN, McENENY, REILLY,  ROSENTHAL,  SEMINERIO,  STIRPE,  SWEENEY,
  TOWNS,  WALKER,  WRIGHT  -- read once and referred to the Committee on
  Mental Health, Mental Retardation and Developmental 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.
  S 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03329-02-9

              

A. 2993                             2

  S  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 OF MENTAL RETARDATION AND DEVELOP-
MENTAL DISABILITIES;
  D. A REPRESENTATIVE OF THE DEPARTMENT OF INSURANCE;
  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;

A. 2993                             3

  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-
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.
  S 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.
  S 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  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.