A02272 Summary:

BILL NOA02272
 
SAME ASSAME AS S01578
 
SPONSORQuart (MS)
 
COSPNSRWeprin, Ortiz, Sweeney, Englebright, Gunther, Jaffee, Titone, Cahill, Robinson, Kellner
 
MLTSPNSRSimanowitz, 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.
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A02272 Actions:

BILL NOA02272
 
01/09/2013referred to mental health
01/08/2014referred to mental health
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A02272 Floor Votes:

There are no votes for this bill in this legislative session.
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A02272 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2272
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 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
 
         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    § 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    § 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.
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