Bill Text: NY S05222 | 2021-2022 | 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 4-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S05222 Detail]
Download: New_York-2021-S05222-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5222 2021-2022 Regular Sessions IN SENATE February 26, 2021 ___________ 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: 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 § 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 § 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 20 of the council. The council shall be composed of sixteen members as 21 follows: 22 a. a representative of the department of health; 23 b. a representative of the department of education; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09276-01-1S. 5222 2 1 c. a representative of the office for people with developmental disa- 2 bilities; 3 d. a representative of the department of financial services; 4 e. a representative of the office of children and family services; 5 f. a representative from New York Families for Autistic Children 6 (NYFAC); 7 g. two members appointed by the temporary president of the senate, one 8 of whom shall be the parent of a child with autism; 9 h. two members appointed by the speaker of the assembly, one of whom 10 shall be the parent of a child with autism; and 11 i. six members appointed by the governor: (i) one of whom shall be a 12 representative from an institution of higher learning where autism 13 education curriculum is currently being offered; (ii) one of whom shall 14 be a representative of the northern part of the state; (iii) one of whom 15 shall be a representative of the southern part of the state; (iv) one of 16 whom shall be a representative of the eastern part of the state; (v) one 17 of whom shall be a representative of the western part of the state; and 18 (vi) one of whom shall be a member of the medical field specializing in 19 research within the field of autism. 20 2. Appointed members of the council shall serve terms of three years 21 each, except that: 22 a. one member initially appointed by the governor, one member initial- 23 ly appointed by the temporary president of the senate, and one member 24 initially appointed by the speaker of the assembly shall serve a one 25 year term; and 26 b. a second member initially appointed by the governor, the second 27 member initially appointed by the temporary president of the senate, and 28 the second member initially appointed by the speaker of the assembly 29 shall serve a two year term. 30 3. All vacancies shall be filled in the same manner as the original 31 appointment. All vacancies must be filled within ninety days, otherwise 32 the council shall determine, by majority vote, who shall fill the vacan- 33 cy. Members appointed to fill a vacancy occurring for reason other than 34 an expiration of a term shall serve for the remainder of the term of the 35 person whom he or she is replacing. Members are eligible for reappoint- 36 ment. 37 4. Members shall serve without compensation, but shall be entitled to 38 actual, necessary expenses incurred in the performance of their business 39 as members of the council. 40 5. A majority of the members of the council shall constitute a quorum. 41 A majority vote of a quorum shall be required for any official action of 42 the council. 43 6. The council shall meet at the call of the chair, but not less than 44 four times per year. 45 7. The council shall: 46 a. approve autism awareness programs; 47 b. carry out a program to provide information and education on program 48 and services enhancements to families in the state with members suffer- 49 ing from autism; 50 c. establish the mechanisms to use the results of biomedical research 51 on autism and autism spectrum disorders; 52 d. establish a mechanism for the sharing of information among 53 researchers and clinicians in the state conducting biomedical research 54 on autism and autism spectrum disorders; 55 e. provide for a mechanism that would permit the public to obtain 56 information on the existing and planned programs and activities beingS. 5222 3 1 conducted related to autism, including any pilot studies, and the coun- 2 cil to receive comments from the public regarding these programs and 3 activities; and 4 f. provide an annual report to the governor with the council's recom- 5 mendations and examining the creation of programs and services for indi- 6 viduals with autism. 7 § 2. Subdivision 3 of section 95-e of the state finance law, as 8 amended by section 7 of part AA of chapter 56 of the laws of 2020, is 9 amended to read as follows: 10 3. (a) Monies of the fund shall be expended only for program and 11 service enhancements for individuals diagnosed with an autism spectrum 12 disorder, autism awareness projects or autism research projects approved 13 by the office for people with developmental disabilities [in] conducted 14 within the borders of New York state provided, however, that no more 15 than ten percent of monies from such fund shall be expended on the 16 aggregate number of autism research projects approved in a fiscal year. 17 (b) As used in this section, the term "autism research project" means 18 scientific research recommended by the New York state autism council and 19 approved by the office for people with developmental disabilities into 20 the causes and/or treatment of autism, the term "program and services 21 enhancements" means any supplemental program or service that will assist 22 in positive outcomes for individuals diagnosed with autism and their 23 families that are approved by the New York state autism council estab- 24 lished in section four hundred sixty-one of the executive law and the 25 term "autism awareness project" means a project approved by the [office26for people with developmental disabilities aimed] New York state autism 27 council toward educating the general public about [the causes,] symp- 28 toms[,] and treatments of autism. 29 § 3. This act shall take effect on the one hundred eightieth day after 30 it shall have become a law. Effective immediately, the addition, amend- 31 ment and/or repeal of any rule or regulation necessary for the implemen- 32 tation of this act on its effective date are authorized to be made on or 33 before such date.