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A06543 Summary:

A06543 Actions:

A06543 Committee Votes:

Committee:PEOPLE WITH DISABILITIES                                       Chair:Seawright      
DATE:05/09/2023AYE/NAY:8/0  Action: Favorable         
Seawright
Aye
Giglio
Aye
Epstein
Aye
McGowan
Aye
McMahon
Aye
Anderson
Excused
Burdick
Aye
Zinerman
Aye
Darling
Aye

A06543 Floor Votes:

A06543 Text:

 
                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.