NY State Senate Bill 2023-S7911

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance

co-Sponsors

2023-S7911 (ACTIVE) - Details

See Assembly Version of this Bill:: A9854
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 19-E §§460 & 461, Exec L; amd §95-e, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S492
2011-2012: S5246
2013-2014: S1578
2015-2016: S3984
2017-2018: S3896
2019-2020: S4750
2021-2022: S5222

2023-S7911 (ACTIVE) - Summary

Creates the New York state autism council; establishes such council shall consist of sixteen members; establishes the duties of the council.

2023-S7911 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7911

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law and the state finance law, in relation
to creating the New York state autism council

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes the creation of the New York State Autism Council.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill defines the terms used within the legislation and
sets forth the makeup of the council as well as the responsibilities and
duties of the council.

Section 2 establishes a fund for program service enhancements for indi-
viduals diagnosed with autism spectrum disorder, autism awareness
projects or autism research projects approved by the Department of
Health.

Section 3 set forth the effective date of the legislation.

 
JUSTIFICATION:

Autism is a complex developmental disorder that impairs learning and
slows intellectual development. It is one of the five disorders under
the umbrella of the Pervasive Developmental Disorders, a category of
neurological disorders characterized by severe and pervasive impairment
in several areas of development including motor, language, cognitive and
social skills. Autism is a spectrum disorder in which the symptoms and
characteristics present themselves in a wide variety of combinations and
ranges of severity. It typically appears in children under the age of
three and most children are diagnosed with autism by the age of two.

Over 17,000 individuals in New York have been diagnosed with an autism
spectrum disorder and the United States Department of Education reports
that autism is growing at a rate of 10-17-* per year. Many parents and
family groups across New York State offer critical services, information
and support. While the cause of autism is unknown, there exists exten-
sive care and treatment programs for individuals with autism. This coun-
cil will gather many of the state agencies and autism support groups
together to:

*carry out a program to provide information and education on program and
service enhancements to families in the state with members suffering
from autism;

* establish a mechanism for the sharing of information among researchers
and clinicians in the state conducting biomedical research on autism and
autism spectrum disorder;

* provide for a mechanism that would permit the public to obtain infor-
mation on the existing and planned programs and activities being
conducted related to autism; and


* provide an annual report to the governor with the council's recommen-
dations and examining the creation of programs and services for individ-
uals with autism.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.5222 - Referred to Finance

2019-20: S.4750 - Referred to Finance

2017-18: S.3896 - REFERRED TO FINANCE

2015-16: S.3984/A.2100 - Referred to Finance

2013-14: S.1576/A.2272 - Referred to Finance

2011-12: S.5426 - Referred to Finance

2009-2010: A.2993 - Referred to Mental Health

2007-2008: A.6947 - Reported from Mental Health, referred to Ways and
Means

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

2023-S7911 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7911
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sens. PARKER, BAILEY, KENNEDY, PERSAUD -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance
 
 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;
   D. A REPRESENTATIVE OF THE DEPARTMENT OF FINANCIAL SERVICES;
   E. A REPRESENTATIVE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07882-01-3
 S. 7911                             2
 
   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;
   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
 S. 7911                             3
 
   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.

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Senate Bill S7911

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S7911 (ACTIVE) - Details

2023-S7911 (ACTIVE) - Summary

2023-S7911 (ACTIVE) - Sponsor Memo

2023-S7911 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7911

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

Jamaal T. Bailey

Timothy M. Kennedy

Roxanne J. Persaud

2023-S7911 (ACTIVE) - Details

2023-S7911 (ACTIVE) - Summary

2023-S7911 (ACTIVE) - Sponsor Memo

2023-S7911 (ACTIVE) - Bill Text download pdf

Comments