§ 450 — State council on developmental disabilities

§ 450. State council on developmental disabilities. 1. There is hereby\nestablished, within the executive department, a state council on\ndevelopmental disabilities, to perform those duties and functions\nrequired by the federal developmental disabilities services and\nfacilities construction act of nineteen hundred seventy and by the\nfederal developmentally disabled assistance and bill of rights act of\nnineteen hundred seventy-five as amended by the federal rehabilitation\ncomprehensive services and developmental disabilities amendments of\nnineteen hundred seventy-eight and any acts amendatory thereof or\nsupplemental thereto.\n 2. The council shall consist of at least twenty voting members who\nshall be selected from among residents of New York state and shall be\ngeographically representative and reflect the diversity of the state.\nThe governor shall appoint its members, other than the members listed in\nparagraph (a) of subdivision three of this section and shall designate\none of the appointed members to serve as chairperson. Members, other\nthan the members listed in paragraph (a) of subdivision three of this\nsection shall be appointed for terms of three years, provided however,\nthat a member who has served two consecutive three-year terms may not be\nreappointed to the council until at least three years have elapsed from\nthe completion of the member's second three-year term. Each member's\nthree-year term shall commence upon their official appointment, and a\nmember may continue to serve on the council until a replacement\nappointment has been made, even if their term has ended. Vacancies shall\nbe filled in the same manner as original appointments.\n 3. (a) The following people shall serve as ex officio voting members\nof the council:\n (i) the head of any state agency that administers funds provided under\nfederal laws related to individuals with disabilities, or such person's\ndesignee including, but not limited to, the commissioner of education,\nor such person's designee who oversees policy planning and\nimplementation of the Rehabilitation Act of 1973, and such person's\ndesignee who oversees policy planning and implementation of the\nIndividuals with Disabilities Education Act; the director of the office\nfor the aging or such person's designee who oversees policy planning and\nimplementation of the Older Americans Act of 1965; and the commissioner\nof health, or such person's designee who oversees policy planning and\nimplementation of Titles V and XIX of the Social Security Act;\n (ii) the head of any university center for excellence in developmental\ndisabilities, or such person's designee; and\n (iii) the head of the state's protection and advocacy system, or such\nperson's designee. Designees shall have sufficient authority to engage\nin policy planning and implementation on behalf of their respective\nentities.\n (b) The membership of the state council on developmental disabilities\nshall also include representatives from local and nongovernmental\nagencies and provider nonprofit agencies, concerned with services to\npersons with developmental disabilities in New York state.\n (c) At least sixty percent of the council shall consist of persons\nwith developmental disabilities or parents or guardians or immediate\nrelatives of persons with developmental disabilities.\n (i) These members may not be employees of a state agency receiving\nfunds or providing services under the federal developmental disabilities\nassistance act or have a managerial, proprietary or controlling interest\nin an entity that receives funds or provides services under such act,\n (ii) One-third of these members shall have a developmental disability,\n (iii) One-third of these members shall be immediate relatives or\nguardians of persons with developmental disabilities,\n (iv) One-third of these members shall be a combination of the\nindividuals described in subparagraphs (ii) and (iii) of this paragraph,\nand\n (v) At least one member shall be an immediate relative or guardian of\na person with a developmental disability who resides or previously\nresided in an institution, or a person with a developmental disability\nwho resides or previously resided in an institution defined in\nsubdivision eleven of section 1.03 of the mental hygiene law.\n 4. The state council on developmental disabilities shall meet\nperiodically or at the call of its chairperson.\n 5. The council shall recruit and appoint the executive director of the\ncouncil as they may deem necessary, prescribe their duties, fix their\ncompensation and provide for reimbursement of their expenses within\namounts available therefor from federal funds reserved by the state\npursuant to the developmental disabilities assistance and bill of rights\nact or by state appropriation.\n 6. Members shall receive no compensation for their services but shall\nbe reimbursed out of federal funds available therefor for all expenses\nactually and necessarily incurred by them in the performance of their\nduties.\n