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A10675 Summary:

BILL NOA10675
 
SAME ASSAME AS S08392-A
 
SPONSORGottfried
 
COSPNSR
 
MLTSPNSR
 
Amd 2553, Pub Health L; amd 1, Chap 884 of 1982
 
Relates to the early intervention coordinating council and the maternal child health services block grant advisory council.
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A10675 Memo:

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.
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A10675 Text:



 
                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.
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