§ 450. State council on developmental disabilities. 1. There is hereby
established, within the executive department, a state council on
developmental disabilities, 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 developmentally 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 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 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 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.

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
implementation 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
shall also include representatives from local and nongovernmental
agencies and provider nonprofit agencies, concerned with services to
persons with developmental disabilities in New York state.

(c) At least sixty percent of the council shall consist of persons
with developmental disabilities or parents or guardians or immediate
relatives 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 that receives funds or provides services under such act,

(ii) One-third of these members shall have a developmental disability,

(iii) One-third of these members shall be immediate relatives or
guardians of persons with developmental disabilities,

(iv) One-third of these members shall be a combination of the
individuals described in subparagraphs (ii) and (iii) of this paragraph,
and

(v) At least one member shall be an immediate relative or guardian of
a person with a developmental disability who resides or previously
resided in an institution, 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.

4. The state council on developmental disabilities shall meet
periodically or at the call of its chairperson.

5. The council shall recruit and appoint 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 disabilities 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.