N.Y. Executive Law § 450: State council on developmental disabilities

§ 450. State council on developmental disabilities. 1. There is hereby

established, within the executive department, a state council on

developmental disabilities, to perform those duties and functions

required by the federal developmental disabilities services and

facilities construction act of nineteen hundred seventy and by the

federal developmentally disabled assistance and bill of rights act of

nineteen hundred seventy-five as amended by the federal rehabilitation

comprehensive services and developmental disabilities amendments of

nineteen hundred seventy-eight and any acts amendatory thereof or

supplemental thereto.

2. The council shall consist of at least twenty voting members who

shall be selected from among residents of New York state and shall be

geographically representative and reflect the diversity of the state.

The governor shall appoint its members, other than the members listed in

paragraph (a) of subdivision three of this section and shall designate

one of the appointed members to serve as chairperson. Members, other

than the members listed in paragraph (a) of subdivision three of this

section shall be appointed for terms of three years, provided however,

that a member who has served two consecutive three-year terms may not be

reappointed to the council until at least three years have elapsed from

the completion of the member's second three-year term. Each member's

three-year term shall commence upon their official appointment, and a

member may continue to serve on the council until a replacement

appointment has been made, even if their term has ended. Vacancies shall

be filled in the same manner as original appointments.

3. (a) The following people shall serve as ex officio voting members

of the council:

(i) the head of any state agency that administers funds provided under

federal laws related to individuals with disabilities, or such person's

designee including, but not limited to, the commissioner of education,

or such person's designee who oversees policy planning and

implementation of the Rehabilitation Act of 1973, and such person's

designee who oversees policy planning and implementation of the

Individuals with Disabilities Education Act; the director of the office

for the aging or such person's designee who oversees policy planning and

implementation of the Older Americans Act of 1965; and the commissioner

of health, or such person's designee who oversees policy planning and

implementation of Titles V and XIX of the Social Security Act;

(ii) the head of any university center for excellence in developmental

disabilities, or such person's designee; and

(iii) the head of the state's protection and advocacy system, or such

person's designee. Designees shall have sufficient authority to engage

in policy planning and implementation on behalf of their respective

entities.

(b) The membership of the state council on developmental disabilities

shall also include representatives from local and nongovernmental

agencies and provider nonprofit agencies, concerned with services to

persons with developmental disabilities in New York state.

(c) At least sixty percent of the council shall consist of persons

with developmental disabilities or parents or guardians or immediate

relatives of persons with developmental disabilities.

(i) These members may not be employees of a state agency receiving

funds or providing services under the federal developmental disabilities

assistance act or have a managerial, proprietary or controlling interest

in an entity that receives funds or provides services under such act,

(ii) One-third of these members shall have a developmental disability,

(iii) One-third of these members shall be immediate relatives or

guardians of persons with developmental disabilities,

(iv) One-third of these members shall be a combination of the

individuals described in subparagraphs (ii) and (iii) of this paragraph,

and

(v) At least one member shall be an immediate relative or guardian of

a person with a developmental disability who resides or previously

resided in an institution, or a person with a developmental disability

who resides or previously resided in an institution defined in

subdivision eleven of section 1.03 of the mental hygiene law.

4. The state council on developmental disabilities shall meet

periodically or at the call of its chairperson.

5. The council shall recruit and appoint the executive director of the

council as they may deem necessary, prescribe their duties, fix their

compensation and provide for reimbursement of their expenses within

amounts available therefor from federal funds reserved by the state

pursuant to the developmental disabilities assistance and bill of rights

act or by state appropriation.

6. Members shall receive no compensation for their services but shall

be reimbursed out of federal funds available therefor for all expenses

actually and necessarily incurred by them in the performance of their

duties.