NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6543
SPONSOR: Seawright
 
TITLE OF BILL:
An act to amend the executive law, in relation to renaming the develop-
mental disabilities planning council and providing for the appointment
of members
 
PURPOSE OF THE BILL:
This proposed bill will make changes to the enacting statute for the
Developmental Disabilities Planning Council (DDPC), to comply with
Federal requirements and update language for the use of "person first"
language. A change to the name of the council is proposed at the request
of the federal fonder to align with all other Developmental Disability
councils in the country.
 
SUMMARY OF PROVISIONS:
Section 1 and 2- Changes the name of the DDPC to the State Council on
Developmental Disabilities.
Section 3 - Clarifies that all members of the Council are voting members
who, other than the ex officio members, shall be selected to represent
the State both geographically and to reflect diversity. Governor will
still appoint members other than those ex officio members specifically
listed in section 3(a). Removes obsolete language governing the terms of
the original members of the council appointed over thirty years ago.
Specifies that all non-ex officio members: serve a full three-year term;
are subject to a limit of two consecutive three-year terms, and may
serve on the council until a replacement appointment has been made, even
if their term has ended.
Section 4 - (3)(a) Specifies those state agencies to be members of the
Council, including Commissioners of Office-of the Aging, State Educa-
tion, OPWDD and Health, along with the heads of University Centers of
Excellence and State's Protection and Advocacy system. All designees
shall have authority to engage in policy planning on behalf of their
respective agencies.
Section 5- (3)(b) Council will include representatives from local and
nongovernmental agencies and provider not for profit agencies.
Section 6 - (3)(c) - 60% of council members shall consist of persons
with a developmental disability or their parents or guardians.
(3) (c)(ii) 1/3 members shall have a Developmental Disability.
(3)(c)(iii) 1/3 members shall be immediate relative/guardian of an indi-
vidual with Developmental Disability.
(3) (c)(iv) 1/3 shall be a combination of the individuals described in
(3)(c)(ii-iii).
(3)(c) (v) - One member shall be a person with a developmental disabili-
ty who resides or previously resided in an institution or an immediate
relative/guardian of an institutionalized (as defined by section
1.03(11) of the Mental Hygiene Law) individual with a Developmental
Disability.
Section 7 - Change of name to State Council on Developmental Disabili-
ties and meet at the call of the chairperson.
Section 8 - Council to recruit and appoint Executive Director.
 
JUSTIFICATION:
The DDPC was created following the federal Developmental Disabilities
Act. This act requires a Developmental Disabilities Council for each
U.S. state and territory. DDPC is 100% federally funded through the U.S.
HHS's Administration for Community Living (ACL), and is required to
follow all applicable federal laws. ACL has advised DDPC to amend
portions of its enacting statute (Executive Law Section 450) so that it
comports with certain requirements of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000. The current language in the
enacting statute does not conform to this Act, does not use "person
first" language nor does it reflect the current operations of the DDPC.
These changes meet those goals.
 
PRIOR LEGISLATIVE HISTORY:
LBDC - 71040-02-1 (DDPC Departmental 01-22) was introduced as S.9400 in
2022. The bill passed in the Senate but remained in Assembly, but
remained in Ways and Means in the Assembly.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
6543
2023-2024 Regular Sessions
IN ASSEMBLY
April 14, 2023
___________
Introduced by M. of A. SEAWRIGHT -- (at request of the Developmental
Disabilities Planning Council) -- read once and referred to the
Committee on People with 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
A. 6543 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.
A. 6543 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.