BILL NO A02272
SAME AS SAME AS S01578
SPONSOR Quart (MS)
COSPNSR Weprin, Ortiz, Sweeney, Englebright, Gunther, Jaffee, Boyland,
Titone, Cahill, Robinson, Kellner
MLTSPNSR Simanowitz, Thiele
Add Art 19-E SS460 & 461, Exec L; amd S95-e, St Fin L
Creates the New York state autism council; establishes such council shall
consist of sixteen members; establishes the duties of the council.
BILL NUMBER:A2272
TITLE OF BILL: An act to amend the executive law and the state
finance law, in relation to creating the New York state autism council
PURPOSE OR GENERAL IDEA OF BILL:
This bill authorizes the creation of the New York State Autism
Council.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill defines the terms used within the legislation
and sets forth responsibilities and duties of the council. This
section also establishes that the council will be made up of sixteen
members as follows:
*A representative of the Department of Health;
*A representative of the Department of Education;
*A representative of the Office for People with Developmental
Disabilities;
*A representative of the Department of Financial Services;
*A representative of the Office of Children and Family Services;
*A representative from New York Families for Autistic Children
(NYFAC):
*Two members appointed by the Temporary President of the Senate, one
of whom shall be the parent of a child with autism;
*Two members appointed by the Speaker of the Assembly, one of whom
shall be the parent of a child with autism;
*Six members appointed by the Governor:
*One of whom shall be a representative from an institution of higher
learning where autism education curriculum is currently being offered;
*One of whom shall be a representative of the northern part of the
state;
*One of whom shall be a representative of the southern part of the
state;
*One of whom shall be a representative of the eastern part of the
state;
*One of whom shall be a representative of the western part of the
state;
*One of whom shall be a member of the medical field specializing in
research within the field of autism
Section 2 establishes a fund for program service enhancements for
individuals diagnosed with autism spectrum disorder, autism awareness
projects or autism research projects approved by the Department of
Health.
Section 3 set the effective date of the legislation.
JUSTIFICATION:
Autism is a complex developmental disorder that impairs learning and
slows intellectual development. It is one of the five disorders under
the umbrella of the Pervasive Developmental Disorders, a category of
neurological disorders characterized by severe and pervasive
impairment in several areas of development including motor, language,
cognitive and social skills. Autism is a spectrum disorder in which
the symptoms and characteristics present themselves in a wide variety
of combinations and ranges of severity. It typically appears in
children under the age of three and most children are diagnosed with
autism by the age of two.
Over 17,000 individuals in New York have been diagnosed with an autism
spectrum disorder and the United States Department of Education
reports that autism is growing at a rate of 1017% per year. Many
parent and family groups across New York State offer critical
services, information and support, While the cause of autism is
unknown, there exists extensive care and many treatment programs for
individuals with autism. This council will gather many of the state
agencies and autism support groups together to:
*Approve autism awareness programs;
*Carry out a program to provide information and education on program
and service enhancements to families in the state with members
suffering from autism;
*Establish a mechanism for the sharing of information among
researchers and clinicians in the state conducting biomedical research
on autism and autism spectrum disorder;
*Provide for a mechanism that would permit the public to obtain
information on the existing and planned programs and activities being
conducted related to autism; and
*Provide an annual report to the governor with the council's
recommendations and examining the creation of programs and services
for individuals with autism.
PRIOR LEGISLATIVE HISTORY:
2012: A.8830 - Referred to Mental Health
2011: A.984 - Referred to Mental Health
2009-2010: A.2993 - Referred to Mental Health
2007-2008: A.6947 - Reported from Mental Health, referred to Ways and
Means
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.
S T A T E O F N E W Y O R K
________________________________________________________________________
2272
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. QUART, WEPRIN, ORTIZ, SWEENEY, ENGLEBRIGHT,
GUNTHER, JAFFEE, BOYLAND, TITONE, CAHILL, ROBINSON, KELLNER -- Multi-
Sponsored by -- M. of A. SIMANOWITZ, THIELE -- read once and referred
to the Committee on Mental Health
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 S 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 S 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02949-01-3
A. 2272 2
1 OF THE COUNCIL. THE COUNCIL SHALL BE COMPOSED OF SIXTEEN MEMBERS AS
2 FOLLOWS:
3 A. A REPRESENTATIVE OF THE DEPARTMENT OF HEALTH;
4 B. A REPRESENTATIVE OF THE DEPARTMENT OF EDUCATION;
5 C. A REPRESENTATIVE OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
6 BILITIES;
7 D. A REPRESENTATIVE OF THE DEPARTMENT OF FINANCIAL SERVICES;
8 E. A REPRESENTATIVE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
9 F. A REPRESENTATIVE FROM NEW YORK FAMILIES FOR AUTISTIC CHILDREN
10 (NYFAC);
11 G. TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE
12 OF WHOM SHALL BE THE PARENT OF A CHILD WITH AUTISM;
13 H. TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF WHOM
14 SHALL BE THE PARENT OF A CHILD WITH AUTISM; AND
15 I. SIX MEMBERS APPOINTED BY THE GOVERNOR: (I) ONE OF WHOM SHALL BE A
16 REPRESENTATIVE FROM AN INSTITUTION OF HIGHER LEARNING WHERE AUTISM
17 EDUCATION CURRICULUM IS CURRENTLY BEING OFFERED; (II) ONE OF WHOM SHALL
18 BE A REPRESENTATIVE OF THE NORTHERN PART OF THE STATE; (III) ONE OF WHOM
19 SHALL BE A REPRESENTATIVE OF THE SOUTHERN PART OF THE STATE; (IV) ONE OF
20 WHOM SHALL BE A REPRESENTATIVE OF THE EASTERN PART OF THE STATE; (V) ONE
21 OF WHOM SHALL BE A REPRESENTATIVE OF THE WESTERN PART OF THE STATE; AND
22 (VI) ONE OF WHOM SHALL BE A MEMBER OF THE MEDICAL FIELD SPECIALIZING IN
23 RESEARCH WITHIN THE FIELD OF AUTISM.
24 2. APPOINTED MEMBERS OF THE COUNCIL SHALL SERVE TERMS OF THREE YEARS
25 EACH, EXCEPT THAT:
26 A. ONE MEMBER INITIALLY APPOINTED BY THE GOVERNOR, ONE MEMBER INITIAL-
27 LY APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE MEMBER
28 INITIALLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL SERVE A ONE
29 YEAR TERM; AND
30 B. A SECOND MEMBER INITIALLY APPOINTED BY THE GOVERNOR, THE SECOND
31 MEMBER INITIALLY APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND
32 THE SECOND MEMBER INITIALLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY
33 SHALL SERVE A TWO YEAR TERM.
34 3. ALL VACANCIES SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL
35 APPOINTMENT. ALL VACANCIES MUST BE FILLED WITHIN NINETY DAYS, OTHERWISE
36 THE COUNCIL SHALL DETERMINE, BY MAJORITY VOTE, WHO SHALL FILL THE VACAN-
37 CY. MEMBERS APPOINTED TO FILL A VACANCY OCCURRING FOR REASON OTHER THAN
38 AN EXPIRATION OF A TERM SHALL SERVE FOR THE REMAINDER OF THE TERM OF THE
39 PERSON WHOM HE OR SHE IS REPLACING. MEMBERS ARE ELIGIBLE FOR REAPPOINT-
40 MENT.
41 4. MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE ENTITLED TO
42 ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BUSINESS
43 AS MEMBERS OF THE COUNCIL.
44 5. A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM.
45 A MAJORITY VOTE OF A QUORUM SHALL BE REQUIRED FOR ANY OFFICIAL ACTION OF
46 THE COUNCIL.
47 6. THE COUNCIL SHALL MEET AT THE CALL OF THE CHAIR, BUT NOT LESS THAN
48 FOUR TIMES PER YEAR.
49 7. THE COUNCIL SHALL:
50 A. APPROVE AUTISM AWARENESS PROGRAMS;
51 B. CARRY OUT A PROGRAM TO PROVIDE INFORMATION AND EDUCATION ON PROGRAM
52 AND SERVICES ENHANCEMENTS TO FAMILIES IN THE STATE WITH MEMBERS SUFFER-
53 ING FROM AUTISM;
54 C. ESTABLISH THE MECHANISMS TO USE THE RESULTS OF BIOMEDICAL RESEARCH
55 ON AUTISM AND AUTISM SPECTRUM DISORDERS;
A. 2272 3
1 D. ESTABLISH A MECHANISM FOR THE SHARING OF INFORMATION AMONG
2 RESEARCHERS AND CLINICIANS IN THE STATE CONDUCTING BIOMEDICAL RESEARCH
3 ON AUTISM AND AUTISM SPECTRUM DISORDERS;
4 E. PROVIDE FOR A MECHANISM THAT WOULD PERMIT THE PUBLIC TO OBTAIN
5 INFORMATION ON THE EXISTING AND PLANNED PROGRAMS AND ACTIVITIES BEING
6 CONDUCTED RELATED TO AUTISM, INCLUDING ANY PILOT STUDIES, AND THE COUN-
7 CIL TO RECEIVE COMMENTS FROM THE PUBLIC REGARDING THESE PROGRAMS AND
8 ACTIVITIES; AND
9 F. PROVIDE AN ANNUAL REPORT TO THE GOVERNOR WITH THE COUNCIL'S RECOM-
10 MENDATIONS AND EXAMINING THE CREATION OF PROGRAMS AND SERVICES FOR INDI-
11 VIDUALS WITH AUTISM.
12 S 2. Subdivision 3 of section 95-e of the state finance law, as added
13 by chapter 301 of the laws of 2004, is amended to read as follows:
14 3. (a) Monies of the fund shall be expended only for PROGRAM AND
15 SERVICE ENHANCEMENTS FOR INDIVIDUALS DIAGNOSED WITH AN AUTISM SPECTRUM
16 DISORDER, autism awareness projects or autism research projects approved
17 by the department of health [in] CONDUCTED WITHIN THE BORDERS OF New
18 York state provided, however, that no more than ten percent of monies
19 from such fund shall be expended on the aggregate number of autism
20 research projects approved in a fiscal year.
21 (b) As used in this section, the term "autism research project" means
22 scientific research RECOMMENDED BY THE NEW YORK STATE AUTISM COUNCIL AND
23 approved by the department of health into the causes and/or treatment of
24 autism, THE TERM "PROGRAM AND SERVICES ENHANCEMENTS" MEANS ANY SUPPLE-
25 MENTAL PROGRAM OR SERVICE THAT WILL ASSIST IN POSITIVE OUTCOMES FOR
26 INDIVIDUALS DIAGNOSED WITH AUTISM AND THEIR FAMILIES THAT ARE APPROVED
27 BY THE NEW YORK STATE AUTISM COUNCIL ESTABLISHED IN SECTION FOUR HUNDRED
28 SIXTY-ONE OF THE EXECUTIVE LAW and the term "autism awareness project"
29 means a project approved by the [department of health] NEW YORK STATE
30 AUTISM COUNCIL aimed toward educating the general public about [the
31 causes,] symptoms[,] and treatments of autism.
32 S 3. This act shall take effect on the one hundred eightieth day after
33 it shall have become a law; provided, however, that effective immediate-
34 ly, the addition, amendment and/or repeal of any rule or regulation
35 necessary for the implementation of this act on its effective date is
36 authorized and directed to be made and completed on or before such
37 effective date.
