NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10675
SPONSOR: Gottfried TITLE OF BILL: An act to amend the public health law, in relation to
the early intervention coordinating council and the maternal child
health services block grant advisory council; and to amend chapter 882
of the laws of 1982 relating to requiring the governor to submit to the
legislature detailed reports for each federal block grant, in relation
to advisory councils for block grants administered by the department of
health
PURPOSE OF THE BILL:
To amend the definition of quorum for the Early Intervention Coordinat-
ing Council (EICC) and the Maternal Child Health Services Block Grant.
Advisory Council (MCHSBGC).
SUMMARY OF PROVISIONS:
Public Health Law (PHL) § 2553 is amended to allow the EICC members who
are Legislators to appoint a designee to represent them on the EICC and
to create a new subdivision (e), which would allow a majority of the
appointed voting membership of the council to constitute a quorum.
In addition, the bill would amend section 1 of chapter 884 of the laws
of 1982 to allow a majority of the appointed voting membership of the
council to constitute a quorum.
JUSTIFICATION:
Both the EICC and MCHSBG have been unable to achieve a quorum due to a
delay in the appointment process and issues with consistent attendance.
This bill would allow for the EICC and MCHSBG to reach a quorum based on
a majority of the number of members appointed, as opposed to a majority
based on the total number of members required to be appointed to the
Council. With respect to the EICC, this bill would allow the Legislature
to appoint a designee on their behalf to sit on the EICC, thereby allow-
ing the designee to be considered an active member of the Council with
voting authority. These designees would also count towards the fulfill-
ment of a quorum.
The proposed amendments would help streamline the appointment process
and achieve a quorum on a consistent basis so that the EICC and MCHSBG
can fulfill their respective charges. With respect to the EICC, this
proposal would also facilitate compliance with federal program require-
ments.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
10675
IN ASSEMBLY
May 10, 2018
___________
Introduced by M. of A. GOTTFRIED -- (at request of the Department of
Health) -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the early inter-
vention coordinating council and the maternal child health services
block grant advisory council; and to amend chapter 882 of the laws of
1982 relating to requiring the governor to submit to the legislature
detailed reports for each federal block grant, in relation to advisory
councils for block grants administered by the department of health
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 2553 of the
2 public health law, as amended by chapter 462 of the laws of 2016, is
3 amended and a new paragraph (e) is added to read as follows:
4 (b) The council shall consist of thirty members, unless otherwise
5 required by federal law, appointed by the governor. At least five
6 members shall be parents, four of whom shall be parents of children with
7 disabilities aged twelve or younger and one of whom shall be the parent
8 of a child with disabilities aged six or younger; at least five shall be
9 representatives of public or private providers of early intervention
10 services; at least one shall be involved in personnel preparation or
11 training; at least three shall be representatives of managed care plans
12 or managed care plan trade associations familiar with how claims for
13 services provided pursuant to this title are managed; at least two shall
14 be early intervention officials; at least two shall be members of the
15 legislature or such members' designees; seven shall be the commissioner
16 and the commissioners of education, the office of children and family
17 services, people with developmental disabilities, mental health, alco-
18 holism and substance abuse services and the superintendent of financial
19 services, or their appropriate designees with sufficient authority to
20 engage in policy planning and implementation on behalf of their agen-
21 cies.
22 (e) A majority of the appointed voting membership of the council shall
23 constitute a quorum.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14512-02-8
A. 10675 2
1 § 2. The second undesignated paragraph of section 1 of chapter 884 of
2 the laws of 1982, relating to requiring the governor to submit to the
3 legislature detailed reports for each federal block grant, is amended to
4 read as follows:
5 The governor shall require each executive agency which administers a
6 block grant to establish an advisory council. Such councils must include
7 representatives from local government, private non-profit providers and
8 the public. One-half of the members shall be appointed by the governor,
9 one-quarter shall be appointed by the temporary president of the senate
10 and one-quarter shall be appointed by the speaker of the assembly. With
11 respect to advisory councils for block grants administered by the
12 department of health, a majority of the appointed voting membership
13 shall constitute a quorum. Advisory councils must be consulted in the
14 preparation of reports and in the development of applications and plans
15 for the block grants.
16 § 3. This act shall take effect immediately.
