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.