NY Exec L § 450 (2021)
2021 New York Laws EXC - Executive Article 19-D - Developmental Disabilities Planning Council 450 - Developmental Disabilities Planning Council.

§ 450. Developmental disabilities planning council. 1. There is hereby established,   within   the   executive   department,   a  developmental disabilities planning council, 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 persons appointed by the governor from among residents of New York state. The governor  shall designate  one  of  the  appointed members to serve as chairman. Members shall be appointed for terms of three years, provided however,  that  of the members first appointed, one-third shall be appointed for a one year term  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.   3.  (a)  The following people shall serve as ex officio 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;  (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.  (b) The membership of the developmental disabilities planning  council shall  also  include  local  agencies, and non-governmental agencies and groups  concerned  with   services   to   persons   with   developmental disabilities in New York state.  (c)  At  least  sixty percent of the members appointed by the governor shall consist of developmentally disabled persons or  their  parents  or guardians  or  of  immediate  relatives  or  guardians  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 which receives funds or provides services under such act,  (ii)  At  least  one-third  of  these members shall be developmentally disabled,  (iii) At least one-third of these members shall be immediate relatives or guardians of persons with developmental disabilities, and  (iv) At least one member shall be an immediate relative or guardian of an institutionalized developmentally disabled person.   4.  The  developmental  disabilities  planning  council   shall   meet periodically or at the call of its chairman.   5.  The  chairman,  in  consultation  with  the  other  members of the council, shall appoint and employ such personnel as he or she  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.