STATE OF NEW YORK
________________________________________________________________________
5246
2011-2012 Regular Sessions
IN SENATE
May 3, 2011
___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00538-01-1
S. 5246 2
1 c. a representative of the office of people with developmental disa-
2 bilities;
3 d. a representative of the department of insurance;
4 e. a representative of the office of children and family services;
5 f. a representative from New York Families for Autistic Children
6 (NYFAC);
7 g. two members appointed by the temporary president of the senate, one
8 of whom shall be the parent of a child with autism;
9 h. two members appointed by the speaker of the assembly, one of whom
10 shall be the parent of a child with autism; and
11 i. six members appointed by the governor: (i) one of whom shall be a
12 representative from an institution of higher learning where autism
13 education curriculum is currently being offered; (ii) one of whom shall
14 be a representative of the northern part of the state; (iii) one of whom
15 shall be a representative of the southern part of the state; (iv) one of
16 whom shall be a representative of the eastern part of the state; (v) one
17 of whom shall be a representative of the western part of the state; and
18 (vi) one of whom shall be a member of the medical field specializing in
19 research within the field of autism.
20 2. Appointed members of the council shall serve terms of three years
21 each, except that:
22 a. one member initially appointed by the governor, one member initial-
23 ly appointed by the temporary president of the senate, and one member
24 initially appointed by the speaker of the assembly shall serve a one
25 year term; and
26 b. a second member initially appointed by the governor, the second
27 member initially appointed by the temporary president of the senate, and
28 the second member initially appointed by the speaker of the assembly
29 shall serve a two year term.
30 3. All vacancies shall be filled in the same manner as the original
31 appointment. All vacancies must be filled within ninety days, otherwise
32 the council shall determine, by majority vote, who shall fill the vacan-
33 cy. Members appointed to fill a vacancy occurring for reason other than
34 an expiration of a term shall serve for the remainder of the term of the
35 person whom he or she is replacing. Members are eligible for reappoint-
36 ment.
37 4. Members shall serve without compensation, but shall be entitled to
38 actual, necessary expenses incurred in the performance of their business
39 as members of the council.
40 5. A majority of the members of the council shall constitute a quorum.
41 A majority vote of a quorum shall be required for any official action of
42 the council.
43 6. The council shall meet at the call of the chair, but not less than
44 four times per year.
45 7. The council shall:
46 a. approve autism awareness programs;
47 b. carry out a program to provide information and education on program
48 and services enhancements to families in the state with members suffer-
49 ing from autism;
50 c. establish the mechanisms to use the results of biomedical research
51 on autism and autism spectrum disorders;
52 d. establish a mechanism for the sharing of information among
53 researchers and clinicians in the state conducting biomedical research
54 on autism and autism spectrum disorders;
55 e. provide for a mechanism that would permit the public to obtain
56 information on the existing and planned programs and activities being
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1 conducted related to autism, including any pilot studies, and the coun-
2 cil to receive comments from the public regarding these programs and
3 activities; and
4 f. provide an annual report to the governor with the council's recom-
5 mendations and examining the creation of programs and services for indi-
6 viduals with autism.
7 § 2. Subdivision 3 of section 95-e of the state finance law, as added
8 by chapter 301 of the laws of 2004, is 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 department of health [in] conducted within the borders of New
13 York state provided, however, that no more than ten percent of monies
14 from such fund shall be expended on the aggregate number of autism
15 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 department of health into the causes and/or treatment of
19 autism, the term "program and services enhancements" means any supple-
20 mental program or service that will assist in positive outcomes for
21 individuals diagnosed with autism and their families that are approved
22 by the New York state autism council established in section four hundred
23 sixty-one of the executive law and the term "autism awareness project"
24 means a project approved by the [department of health] New York state
25 autism council aimed toward educating the general public about [the
26 causes,] symptoms[,] and treatments of autism.
27 § 3. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law; provided, however, that effective immediate-
29 ly, the addition, amendment and/or repeal of any rule or regulation
30 necessary for the implementation of this act on its effective date are
31 authorized and directed to be made and completed on or before such
32 effective date.
