NY Ment Hygiene L § 13.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 13 - Office for People With Developmental Disabilities 13.05 - Developmental Disabilities Advisory Council.

§ 13.05 Developmental disabilities advisory council.  (a)  There is hereby established a developmental disabilities advisory council. The council shall consist of the commissioner, the chairman  of the conference of local mental hygiene directors or his designee, and at least  thirty-three  members  to  be  appointed by the governor. Members shall be appointed only if they have demonstrated an active interest  in or  have  obtained  professional  knowledge  in the care of persons with developmental disabilities or in the field of developmental disabilities generally. The governor shall designate one of the appointed members  as chair.  The  council  shall  at  all  times  include  in  its membership representatives of community service  board  developmental  disabilities subcommittees,  providers of services and non-governmental organizations concerned with services for persons with developmental disabilities.  At least  one-third of the membership of the advisory council shall consist of  consumer  representatives  including  persons   with   developmental disabilities, or their parents or guardians.  (b)  Members  shall  be  appointed  for terms of three years provided, however, that  of  the  members  first  appointed,  one-third  shall  be appointed  for  one  year terms and one-third shall be appointed for two year terms. Vacancies shall be filled in the  same  manner  as  original appointments for the remainder of the unexpired term. The designation of a member as chair shall be made bi-annually.  (c)  The  developmental  disabilities  advisory  council shall have no executive, administrative or appointive duties. The council  shall  have the  duty to foster public understanding and acceptance of developmental disabilities.  It  shall,  in  cooperation  with  the  commissioner   of developmental   disabilities,   provide  recommendations  for  statewide priorities and goals for services  for  individuals  with  developmental disabilities  and  shall  advise  the commissioner on matters related to development and implementation of the statewide  comprehensive  plan  as required  under section 5.07 of this chapter. The advisory council shall have the power to consider any matter relating to the improvement of the state  developmental  disabilities  program   and   shall   advise   the commissioner  of  developmental  disabilities  thereon and on any matter relating to the performance of their duties with relation to individuals with developmental disabilities  and  on  policies,  goals,  budget  and operation of developmental disabilities services.   1.  The council shall establish such committees as deemed necessary by the chair with advice  from  the  commissioner.  Such  committees  shall consider  matters related to the various service populations served, and programs certified by the office, as well as  other  matters,  including planning,  fiscal,  and  consumer affairs. The council shall prepare and issue such reports on its activities as deemed necessary.   2. The council shall meet at least four times in  each  full  calendar year.  The  council  shall  meet  at  the  request  of  its chair or the commissioner.  (d) Members of the advisory council shall receive no compensation  for their  services  but  shall  be reimbursed for all expenses actually and necessarily incurred by them in the performance of their duties.  (e) At least thirty days  prior  to  his  or  her  final  approval  of regulations,  other  than  emergency regulations, the commissioner shall submit proposed regulations to the council for its review.  The  council shall  review all proposed regulations and report its recommendations on the proposed regulations to the commissioner within  thirty  days.  Such period may be extended upon the agreement of the commissioner.  (f)  The  council  shall  assist  the  commissioner  of  developmental disabilities with the development and assessment of the triennial  state developmental disabilities plan issued by the office. To ensure the full  use  of  existing  specialized and generic services in the community, to ensure that all providers and appropriate  local  governmental  agencies are  involved,  and  to  ensure  that  local  services  to  persons with developmental  disabilities and their families are readily available and accessible, the council shall periodically  assess  the  local  planning process  and make recommendations thereon to the commissioner and to the council for mental hygiene planning.