STATE OF NEW YORK
________________________________________________________________________
3402
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on People with Disabilities
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
20 of the council. The council shall be composed of sixteen members as
21 follows:
22 a. a representative of the department of health;
23 b. a representative of the department of education;
24 c. a representative of the office for people with developmental disa-
25 bilities;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06701-01-5
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1 d. a representative of the department of financial services;
2 e. a representative of the office of children and family services;
3 f. a representative from New York Families for Autistic Children
4 (NYFAC);
5 g. two members appointed by the temporary president of the senate, one
6 of whom shall be the parent of a child with autism;
7 h. two members appointed by the speaker of the assembly, one of whom
8 shall be the parent of a child with autism; and
9 i. six members appointed by the governor: (i) one of whom shall be a
10 representative from an institution of higher learning where autism
11 education curriculum is currently being offered; (ii) one of whom shall
12 be a representative of the northern part of the state; (iii) one of whom
13 shall be a representative of the southern part of the state; (iv) one of
14 whom shall be a representative of the eastern part of the state; (v) one
15 of whom shall be a representative of the western part of the state; and
16 (vi) one of whom shall be a member of the medical field specializing in
17 research within the field of autism.
18 2. Appointed members of the council shall serve terms of three years
19 each, except that:
20 a. one member initially appointed by the governor, one member initial-
21 ly appointed by the temporary president of the senate, and one member
22 initially appointed by the speaker of the assembly shall serve a one
23 year term; and
24 b. a second member initially appointed by the governor, the second
25 member initially appointed by the temporary president of the senate, and
26 the second member initially appointed by the speaker of the assembly
27 shall serve a two year term.
28 3. All vacancies shall be filled in the same manner as the original
29 appointment. All vacancies must be filled within ninety days, otherwise
30 the council shall determine, by majority vote, who shall fill the vacan-
31 cy. Members appointed to fill a vacancy occurring for reason other than
32 an expiration of a term shall serve for the remainder of the term of the
33 person whom such person is replacing. Members are eligible for reap-
34 pointment.
35 4. Members shall serve without compensation, but shall be entitled to
36 actual, necessary expenses incurred in the performance of their business
37 as members of the council.
38 5. A majority of the members of the council shall constitute a quorum.
39 A majority vote of a quorum shall be required for any official action of
40 the council.
41 6. The council shall meet at the call of the chair, but not less than
42 four times per year.
43 7. The council shall:
44 a. approve autism awareness programs;
45 b. carry out a program to provide information and education on program
46 and services enhancements to families in the state with members suffer-
47 ing from autism;
48 c. establish the mechanisms to use the results of biomedical research
49 on autism and autism spectrum disorders;
50 d. establish a mechanism for the sharing of information among
51 researchers and clinicians in the state conducting biomedical research
52 on autism and autism spectrum disorders;
53 e. provide for a mechanism that would permit the public to obtain
54 information on the existing and planned programs and activities being
55 conducted related to autism, including any pilot studies, and the coun-
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1 cil to receive comments from the public regarding these programs and
2 activities; and
3 f. provide an annual report to the governor with the council's recom-
4 mendations and examining the creation of programs and services for indi-
5 viduals with autism.
6 § 2. Subdivision 3 of section 95-e of the state finance law, as
7 amended by section 7 of part AA of chapter 56 of the laws of 2020, is
8 amended to read as follows:
9 3. (a) Monies of the fund shall be expended only for program and
10 service enhancements for individuals diagnosed with an autism spectrum
11 disorder, autism awareness projects or autism research projects approved
12 by the office for people with developmental disabilities [in] conducted
13 within the borders of New York state provided, however, that no more
14 than ten percent of monies from such fund shall be expended on the
15 aggregate number of autism research projects approved in a fiscal year.
16 (b) As used in this section, the term "autism research project" means
17 scientific research recommended by the New York state autism council and
18 approved by the office for people with developmental disabilities into
19 the causes and/or treatment of autism, the term "program and services
20 enhancements" means any supplemental program or service that will assist
21 in positive outcomes for individuals diagnosed with autism and their
22 families that are approved by the New York state autism council estab-
23 lished in section four hundred sixty-one of the executive law and the
24 term "autism awareness project" means a project approved by the [office
25 for people with developmental disabilities aimed] New York state autism
26 council toward educating the general public about [the causes,] symp-
27 toms[,] and treatments of autism.
28 § 3. This act shall take effect on the one hundred eightieth day after
29 it shall have become a law. Effective immediately, the addition, amend-
30 ment and/or repeal of any rule or regulation necessary for the implemen-
31 tation of this act on its effective date are authorized to be made and
32 completed on or before such effective date.