Bill Text: NY A02272 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates the New York state autism council; establishes such council shall consist of sixteen members; establishes the duties of the council.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2014-01-08 - referred to mental health [A02272 Detail]
Download: New_York-2013-A02272-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2272 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. QUART, WEPRIN, ORTIZ, SWEENEY, ENGLEBRIGHT, GUNTHER, JAFFEE, BOYLAND, TITONE, CAHILL, ROBINSON, KELLNER -- Multi- Sponsored by -- M. of A. SIMANOWITZ, THIELE -- read once and referred to the Committee on Mental Health 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: 1 Section 1. The executive law is amended by adding a new article 19-E 2 to read as follows: 3 ARTICLE 19-E 4 NEW YORK STATE AUTISM COUNCIL 5 SECTION 460. DEFINITIONS. 6 461. NEW YORK STATE AUTISM COUNCIL. 7 S 460. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL 8 HAVE THE FOLLOWING MEANINGS: 9 1. "AUTISM AWARENESS PROJECT" MEANS A PROJECT APPROVED BY THE COUNCIL 10 AIMED TOWARD EDUCATING THE GENERAL PUBLIC ABOUT THE SYMPTOMS AND TREAT- 11 MENTS OF AUTISM; 12 2. "COUNCIL" MEANS THE NEW YORK STATE AUTISM COUNCIL ESTABLISHED 13 PURSUANT TO SECTION FOUR HUNDRED SIXTY-ONE OF THIS ARTICLE; AND 14 3. "PROGRAM AND SERVICES ENHANCEMENTS" MEANS ANY SUPPLEMENTAL PROGRAM 15 OR SERVICE THAT WILL ASSIST IN POSITIVE OUTCOMES FOR INDIVIDUALS DIAG- 16 NOSED WITH AUTISM AND THEIR FAMILIES THAT ARE APPROVED BY THE COUNCIL. 17 S 461. NEW YORK STATE AUTISM COUNCIL. 1. THERE IS ESTABLISHED, WITHIN 18 THE EXECUTIVE DEPARTMENT, THE NEW YORK STATE AUTISM COUNCIL. THE GOVER- 19 NOR SHALL DESIGNATE ONE OF THE APPOINTED MEMBERS TO SERVE AS THE CHAIR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02949-01-3 A. 2272 2 1 OF THE COUNCIL. THE COUNCIL SHALL BE COMPOSED OF SIXTEEN MEMBERS AS 2 FOLLOWS: 3 A. A REPRESENTATIVE OF THE DEPARTMENT OF HEALTH; 4 B. A REPRESENTATIVE OF THE DEPARTMENT OF EDUCATION; 5 C. A REPRESENTATIVE OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA- 6 BILITIES; 7 D. A REPRESENTATIVE OF THE DEPARTMENT OF FINANCIAL SERVICES; 8 E. A REPRESENTATIVE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES; 9 F. A REPRESENTATIVE FROM NEW YORK FAMILIES FOR AUTISTIC CHILDREN 10 (NYFAC); 11 G. TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE 12 OF WHOM SHALL BE THE PARENT OF A CHILD WITH AUTISM; 13 H. TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF WHOM 14 SHALL BE THE PARENT OF A CHILD WITH AUTISM; AND 15 I. SIX MEMBERS APPOINTED BY THE GOVERNOR: (I) ONE OF WHOM SHALL BE A 16 REPRESENTATIVE FROM AN INSTITUTION OF HIGHER LEARNING WHERE AUTISM 17 EDUCATION CURRICULUM IS CURRENTLY BEING OFFERED; (II) ONE OF WHOM SHALL 18 BE A REPRESENTATIVE OF THE NORTHERN PART OF THE STATE; (III) ONE OF WHOM 19 SHALL BE A REPRESENTATIVE OF THE SOUTHERN PART OF THE STATE; (IV) ONE OF 20 WHOM SHALL BE A REPRESENTATIVE OF THE EASTERN PART OF THE STATE; (V) ONE 21 OF WHOM SHALL BE A REPRESENTATIVE OF THE WESTERN PART OF THE STATE; AND 22 (VI) ONE OF WHOM SHALL BE A MEMBER OF THE MEDICAL FIELD SPECIALIZING IN 23 RESEARCH WITHIN THE FIELD OF AUTISM. 24 2. APPOINTED MEMBERS OF THE COUNCIL SHALL SERVE TERMS OF THREE YEARS 25 EACH, EXCEPT THAT: 26 A. ONE MEMBER INITIALLY APPOINTED BY THE GOVERNOR, ONE MEMBER INITIAL- 27 LY APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE MEMBER 28 INITIALLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL SERVE A ONE 29 YEAR TERM; AND 30 B. A SECOND MEMBER INITIALLY APPOINTED BY THE GOVERNOR, THE SECOND 31 MEMBER INITIALLY APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND 32 THE SECOND MEMBER INITIALLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY 33 SHALL SERVE A TWO YEAR TERM. 34 3. ALL VACANCIES SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL 35 APPOINTMENT. ALL VACANCIES MUST BE FILLED WITHIN NINETY DAYS, OTHERWISE 36 THE COUNCIL SHALL DETERMINE, BY MAJORITY VOTE, WHO SHALL FILL THE VACAN- 37 CY. MEMBERS APPOINTED TO FILL A VACANCY OCCURRING FOR REASON OTHER THAN 38 AN EXPIRATION OF A TERM SHALL SERVE FOR THE REMAINDER OF THE TERM OF THE 39 PERSON WHOM HE OR SHE IS REPLACING. MEMBERS ARE ELIGIBLE FOR REAPPOINT- 40 MENT. 41 4. MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE ENTITLED TO 42 ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BUSINESS 43 AS MEMBERS OF THE COUNCIL. 44 5. A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM. 45 A MAJORITY VOTE OF A QUORUM SHALL BE REQUIRED FOR ANY OFFICIAL ACTION OF 46 THE COUNCIL. 47 6. THE COUNCIL SHALL MEET AT THE CALL OF THE CHAIR, BUT NOT LESS THAN 48 FOUR TIMES PER YEAR. 49 7. THE COUNCIL SHALL: 50 A. APPROVE AUTISM AWARENESS PROGRAMS; 51 B. CARRY OUT A PROGRAM TO PROVIDE INFORMATION AND EDUCATION ON PROGRAM 52 AND SERVICES ENHANCEMENTS TO FAMILIES IN THE STATE WITH MEMBERS SUFFER- 53 ING FROM AUTISM; 54 C. ESTABLISH THE MECHANISMS TO USE THE RESULTS OF BIOMEDICAL RESEARCH 55 ON AUTISM AND AUTISM SPECTRUM DISORDERS; A. 2272 3 1 D. ESTABLISH A MECHANISM FOR THE SHARING OF INFORMATION AMONG 2 RESEARCHERS AND CLINICIANS IN THE STATE CONDUCTING BIOMEDICAL RESEARCH 3 ON AUTISM AND AUTISM SPECTRUM DISORDERS; 4 E. PROVIDE FOR A MECHANISM THAT WOULD PERMIT THE PUBLIC TO OBTAIN 5 INFORMATION ON THE EXISTING AND PLANNED PROGRAMS AND ACTIVITIES BEING 6 CONDUCTED RELATED TO AUTISM, INCLUDING ANY PILOT STUDIES, AND THE COUN- 7 CIL TO RECEIVE COMMENTS FROM THE PUBLIC REGARDING THESE PROGRAMS AND 8 ACTIVITIES; AND 9 F. PROVIDE AN ANNUAL REPORT TO THE GOVERNOR WITH THE COUNCIL'S RECOM- 10 MENDATIONS AND EXAMINING THE CREATION OF PROGRAMS AND SERVICES FOR INDI- 11 VIDUALS WITH AUTISM. 12 S 2. Subdivision 3 of section 95-e of the state finance law, as added 13 by chapter 301 of the laws of 2004, is amended to read as follows: 14 3. (a) Monies of the fund shall be expended only for PROGRAM AND 15 SERVICE ENHANCEMENTS FOR INDIVIDUALS DIAGNOSED WITH AN AUTISM SPECTRUM 16 DISORDER, autism awareness projects or autism research projects approved 17 by the department of health [in] CONDUCTED WITHIN THE BORDERS OF New 18 York state provided, however, that no more than ten percent of monies 19 from such fund shall be expended on the aggregate number of autism 20 research projects approved in a fiscal year. 21 (b) As used in this section, the term "autism research project" means 22 scientific research RECOMMENDED BY THE NEW YORK STATE AUTISM COUNCIL AND 23 approved by the department of health into the causes and/or treatment of 24 autism, THE TERM "PROGRAM AND SERVICES ENHANCEMENTS" MEANS ANY SUPPLE- 25 MENTAL PROGRAM OR SERVICE THAT WILL ASSIST IN POSITIVE OUTCOMES FOR 26 INDIVIDUALS DIAGNOSED WITH AUTISM AND THEIR FAMILIES THAT ARE APPROVED 27 BY THE NEW YORK STATE AUTISM COUNCIL ESTABLISHED IN SECTION FOUR HUNDRED 28 SIXTY-ONE OF THE EXECUTIVE LAW and the term "autism awareness project" 29 means a project approved by the [department of health] NEW YORK STATE 30 AUTISM COUNCIL aimed toward educating the general public about [the 31 causes,] symptoms[,] and treatments of autism. 32 S 3. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law; provided, however, that effective immediate- 34 ly, the addition, amendment and/or repeal of any rule or regulation 35 necessary for the implementation of this act on its effective date is 36 authorized and directed to be made and completed on or before such 37 effective date.