2023 New York Laws › EXC - Executive › Article 19-D - Developmental Disabilities Planning Council › 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.