Bill Text: NY S07094 | 2023-2024 | General Assembly | Introduced

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Bill Title: Renames the developmental disabilities planning council to be the state council on developmental disabilities; changes membership.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-06-05 - SUBSTITUTED BY A6543 [S07094 Detail]

Download: New_York-2023-S07094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7094

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced by Sen. MANNION -- (at request of the Developmental Disabili-
          ties  Planning  Council)  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Disabilities

        AN ACT to amend the executive law, in relation to renaming the  develop-
          mental disabilities planning council and providing for the appointment
          of members

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

     1    Section 1. Section 450 of the executive law, as added by  chapter  588
     2  of the laws of 1981, subdivision 3 as amended by section 1 of part HH of
     3  chapter 57 of the laws of 2021, is amended to read as follows:
     4    § 450. [Developmental  disabilities planning council] State council on
     5  developmental disabilities. 1. There is hereby established,  within  the
     6  executive  department,  a  state  council  on developmental disabilities
     7  [planning council], to perform those duties and  functions  required  by
     8  the   federal   developmental   disabilities   services  and  facilities
     9  construction act of nineteen hundred seventy and by the federal develop-
    10  mentally disabled assistance and bill of rights act of nineteen  hundred
    11  seventy-five  as  amended  by  the  federal rehabilitation comprehensive
    12  services and developmental disabilities amendments of  nineteen  hundred
    13  seventy-eight and any acts amendatory thereof or supplemental thereto.
    14    2.  The council shall consist of at least twenty [persons appointed by
    15  the governor] voting members who shall be selected from among  residents
    16  of New York state and shall be geographically representative and reflect
    17  the  diversity  of  the  state.  The governor shall appoint its members,
    18  other than the members listed in paragraph (a) of subdivision  three  of
    19  this  section  and shall designate one of the appointed members to serve
    20  as [chairman] chairperson.  Members, other than the  members  listed  in
    21  paragraph  (a)  of  subdivision three of this section shall be appointed
    22  for terms of three years, provided however, that [of the  members  first
    23  appointed,  one-third  shall  be  appointed for a one year term and one-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05949-03-3
        S. 7094                             2

     1  third shall be appointed for two year terms] a member who has served two
     2  consecutive   three-year terms may not be  reappointed  to  the  council
     3  until  at  least  three  years  have  elapsed from the completion of the
     4  member's  second  three-year  term.  Each member's three-year term shall
     5  commence upon their official appointment, and a member may  continue  to
     6  serve on the council until a replacement appointment has been made, even
     7  if  their  term has ended.  Vacancies shall be filled in the same manner
     8  as original appointments [for the remainder of the unexpired term].
     9    3. (a) The following people shall serve as ex officio  voting  members
    10  of the council:
    11    (i) the head of any state agency that administers funds provided under
    12  federal  laws related to individuals with disabilities, or such person's
    13  designee including, but not limited to, the commissioner  of  education,
    14  or  such  person's designee who oversees policy planning and implementa-
    15  tion of the Rehabilitation Act of 1973, and such person's  designee  who
    16  oversees  policy  planning  and  implementation  of the Individuals with
    17  Disabilities Education Act; the director of the office for the aging  or
    18  such  person's  designee who oversees policy planning and implementation
    19  of the Older Americans Act of 1965; and the commissioner of  health,  or
    20  such  person's  designee who oversees policy planning and implementation
    21  of Titles V and XIX of the Social Security Act;
    22    (ii) the head of any university center for excellence in developmental
    23  disabilities, or such person's designee; and
    24    (iii) the head of the state's protection and advocacy system, or  such
    25  person's  designee.  Designees shall have sufficient authority to engage
    26  in policy planning and implementation  on  behalf  of  their  respective
    27  entities.
    28    (b)  The membership of the state council on developmental disabilities
    29  [planning council] shall also include  representatives  from  local  and
    30  nongovernmental  agencies  and provider nonprofit agencies, [and non-go-
    31  vernmental agencies and groups] concerned with services to persons  with
    32  developmental disabilities in New York state.
    33    (c)  At  least  sixty percent of the council [members appointed by the
    34  governor] shall  consist  of  [developmentally  disabled]  persons  with
    35  developmental disabilities or [their] parents or guardians or [of] imme-
    36  diate  relatives  [or guardians] of persons with developmental disabili-
    37  ties.
    38    (i) These members may not be employees of  a  state  agency  receiving
    39  funds or providing services under the federal developmental disabilities
    40  assistance act or have a managerial, proprietary or controlling interest
    41  in an entity [which] that receives funds or provides services under such
    42  act,
    43    (ii)  [At least one-third] One-third of these members shall [be devel-
    44  opmentally disabled] have a developmental disability,
    45    (iii) [At least one-third] One-third of these members shall be immedi-
    46  ate relatives or guardians of persons with  developmental  disabilities,
    47  [and]
    48    (iv) One-third of these members shall be a combination of the individ-
    49  uals described in subparagraphs (ii) and (iii) of this paragraph, and
    50    (v)  At least one member shall be an immediate relative or guardian of
    51  [an institutionalized developmentally disabled person] a person  with  a
    52  developmental  disability who resides or previously resided in an insti-
    53  tution, or a person with  a  developmental  disability  who  resides  or
    54  previously  resided  in  an institution defined in subdivision eleven of
    55  section 1.03 of the mental hygiene law.
        S. 7094                             3

     1    4. The state council on developmental disabilities [planning  council]
     2  shall meet periodically or at the call of its [chairman] chairperson.
     3    5. The [chairman, in consultation with the other members of the] coun-
     4  cil[,]  shall  recruit  and  appoint [and employ such personnel as he or
     5  she] the executive director of the council as they may  deem  necessary,
     6  prescribe   their   duties,  fix  their  compensation  and  provide  for
     7  reimbursement of their expenses within amounts available  therefor  from
     8  federal  funds reserved by the state pursuant to the developmental disa-
     9  bilities assistance and bill of rights act or by state appropriation.
    10    6. Members shall receive no compensation for their services but  shall
    11  be  reimbursed  out of federal funds available therefor for all expenses
    12  actually and necessarily incurred by them in the  performance  of  their
    13  duties.
    14    § 2. This act shall take effect immediately.