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.