Bill Text: NY A07358 | 2021-2022 | General Assembly | Amended


Bill Title: Requires that on and after December 31, 2021, the developmental disabilities council consists of eight members to be appointed by the temporary president of the senate, eight members to be appointed by the speaker of the assembly, one member to be appointed by the minority leader of the senate, one member to be appointed by the minority leader of the assembly and fifteen members to be appointed by the governor.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2021-05-19 - substituted by s6293 [A07358 Detail]

Download: New_York-2021-A07358-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7358--A
                                                                Cal. No. 384

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       May 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  ABINANTI, BURDICK, ZINERMAN -- read once and
          referred to the Committee on People with Disabilities -- reported from
          committee, advanced to a third reading, amended and ordered reprinted,
          retaining its place on the order of third reading

        AN ACT to amend the mental hygiene law, in relation to  the  appointment
          of members to the developmental disabilities advisory council

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions (a) and (b) of section  13.05  of  the  mental
     2  hygiene  law,  subdivision  (a)  as amended by chapter 37 of the laws of
     3  2011, and subdivision (b) as amended by chapter 802 of the laws of 1986,
     4  are amended to read as follows:
     5    (a) There is hereby established a developmental disabilities  advisory
     6  council.  The council shall consist of the commissioner, the chairman of
     7  the conference of local mental hygiene directors or his designee, and at
     8  least thirty-three members to be appointed by the governor.    Beginning
     9  on and after December thirty-first, two thousand twenty-one, the council
    10  shall  consist  of eight members to be appointed by the temporary presi-
    11  dent of the senate, eight members to be appointed by the speaker of  the
    12  assembly,  one  member  to  be  appointed  by the minority leader of the
    13  senate, one member to be appointed by the minority leader of the  assem-
    14  bly  and  fifteen  members  to be appointed by the governor. Any current
    15  member shall be allowed to finish his  or  her  term.  The  commissioner
    16  shall  oversee and assist with the transition to the makeup of the coun-
    17  cil after such date, ensuring that as current members' terms expire, the
    18  council appoints members in the manner set forth  in  this  subdivision.
    19  Members  shall  be  appointed  only  if they have demonstrated an active
    20  interest in or have obtained  professional  knowledge  in  the  care  of
    21  persons with developmental disabilities or in the field of developmental
    22  disabilities   generally.  The  governor  shall  designate  one  of  the
    23  appointed members as chair. The council shall at all  times  include  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10668-03-1

        A. 7358--A                          2

     1  its  membership representatives of community service board developmental
     2  disabilities subcommittees, providers of services  and  non-governmental
     3  organizations  concerned  with  services  for persons with developmental
     4  disabilities. At least one-third of the membership of the advisory coun-
     5  cil  shall  consist  of  consumer representatives including persons with
     6  developmental disabilities, or their parents or guardians.
     7    (b) Members shall be appointed for  terms  of  three  years  provided,
     8  however,  that  of  the  members  first  appointed,  one-third  shall be
     9  appointed for one year terms and one-third shall be  appointed  for  two
    10  year  terms.  Vacancies  shall be filled in the same manner as [original
    11  appointments for the remainder of  the  unexpired  term]  prescribed  in
    12  subdivision  (a)  of  this section. The designation of a member as chair
    13  shall be made bi-annually.
    14    § 2. This act shall take effect immediately.
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