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.
                                                                   LBD09276-01-1

        S. 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  being

        S. 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 [office
    26  for 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.
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