Bill Text: NY A09854 | 2023-2024 | General Assembly | Introduced

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Bill Title: Creates the New York state autism council; establishes such council shall consist of sixteen members; establishes the duties of the council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-24 - referred to people with disabilities [A09854 Detail]

Download: New_York-2023-A09854-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9854

                   IN ASSEMBLY

                                     April 24, 2024
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on People with Disabilities

        AN ACT to amend the executive law and the state finance law, in relation
          to creating the New York state autism council

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The executive law is amended by adding a new article 19-E
     2  to read as follows:
     3                                ARTICLE 19-E
     4                        NEW YORK STATE AUTISM COUNCIL
     5  Section 460. Definitions.
     6          461. New York state autism council.
     7    § 460. Definitions. As used in this article, the following terms shall
     8  have the following meanings:
     9    1. "Autism awareness project" means a project approved by the  council
    10  aimed  toward educating the general public about the symptoms and treat-
    11  ments of autism;
    12    2. "Council" means the  New  York  state  autism  council  established
    13  pursuant to section four hundred sixty-one of this article; and
    14    3.  "Program and services enhancements" means any supplemental program
    15  or service that will assist in positive outcomes for  individuals  diag-
    16  nosed with autism and their families that are approved by the council.
    17    §  461. New York state autism council. 1. There is established, within
    18  the executive department, the New York state autism council.  The gover-
    19  nor shall designate one of the appointed members to serve as  the  chair
    20  of  the  council.    The council shall be composed of sixteen members as
    21  follows:
    22    a. a representative of the department of health;
    23    b. a representative of the department of education;
    24    c. a representative of the office for people with developmental  disa-
    25  bilities;
    26    d. a representative of the department of financial services;
    27    e. a representative of the office of children and family services;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07882-01-3
        A. 9854                             2

     1    f.  a  representative  from  New  York  Families for Autistic Children
     2  (NYFAC);
     3    g. two members appointed by the temporary president of the senate, one
     4  of whom shall be the parent of a child with autism;
     5    h.  two  members appointed by the speaker of the assembly, one of whom
     6  shall be the parent of a child with autism; and
     7    i. six members appointed by the governor: (i) one of whom shall  be  a
     8  representative  from  an  institution  of  higher  learning where autism
     9  education curriculum is currently being offered; (ii) one of whom  shall
    10  be a representative of the northern part of the state; (iii) one of whom
    11  shall be a representative of the southern part of the state; (iv) one of
    12  whom shall be a representative of the eastern part of the state; (v) one
    13  of  whom shall be a representative of the western part of the state; and
    14  (vi) one of whom shall be a member of the medical field specializing  in
    15  research within the field of autism.
    16    2.  Appointed  members of the council shall serve terms of three years
    17  each, except that:
    18    a. one member initially appointed by the governor, one member initial-
    19  ly appointed by the temporary president of the senate,  and  one  member
    20  initially  appointed  by  the  speaker of the assembly shall serve a one
    21  year term; and
    22    b. a second member initially appointed by  the  governor,  the  second
    23  member initially appointed by the temporary president of the senate, and
    24  the  second  member  initially  appointed by the speaker of the assembly
    25  shall serve a two year term.
    26    3. All vacancies shall be filled in the same manner  as  the  original
    27  appointment.  All vacancies must be filled within ninety days, otherwise
    28  the council shall determine, by majority vote, who shall fill the vacan-
    29  cy. Members appointed to fill a vacancy occurring for reason other  than
    30  an expiration of a term shall serve for the remainder of the term of the
    31  person  whom he or she is replacing. Members are eligible for reappoint-
    32  ment.
    33    4. Members shall serve without compensation, but shall be entitled  to
    34  actual, necessary expenses incurred in the performance of their business
    35  as members of the council.
    36    5. A majority of the members of the council shall constitute a quorum.
    37  A majority vote of a quorum shall be required for any official action of
    38  the council.
    39    6.  The council shall meet at the call of the chair, but not less than
    40  four times per year.
    41    7. The council shall:
    42    a. approve autism awareness programs;
    43    b. carry out a program to provide information and education on program
    44  and services enhancements to families in the state with members  suffer-
    45  ing from autism;
    46    c.  establish the mechanisms to use the results of biomedical research
    47  on autism and autism spectrum disorders;
    48    d.  establish  a  mechanism  for  the  sharing  of  information  among
    49  researchers  and  clinicians in the state conducting biomedical research
    50  on autism and autism spectrum disorders;
    51    e. provide for a mechanism that would  permit  the  public  to  obtain
    52  information  on  the  existing and planned programs and activities being
    53  conducted related to autism, including any pilot studies, and the  coun-
    54  cil  to  receive  comments  from the public regarding these programs and
    55  activities; and
        A. 9854                             3

     1    f. provide an annual report to the governor with the council's  recom-
     2  mendations and examining the creation of programs and services for indi-
     3  viduals with autism.
     4    §  2.  Subdivision  3  of  section  95-e  of the state finance law, as
     5  amended by section 7 of part AA of chapter 56 of the laws  of  2020,  is
     6  amended to read as follows:
     7    3.  (a)  Monies  of  the  fund  shall be expended only for program and
     8  service enhancements for individuals diagnosed with an  autism  spectrum
     9  disorder, autism awareness projects or autism research projects approved
    10  by  the office for people with developmental disabilities [in] conducted
    11  within the borders of New York state provided,  however,  that  no  more
    12  than  ten  percent  of  monies  from  such fund shall be expended on the
    13  aggregate number of autism research projects approved in a fiscal year.
    14    (b) As used in this section, the term "autism research project"  means
    15  scientific research recommended by the New York state autism council and
    16  approved  by  the office for people with developmental disabilities into
    17  the causes and/or treatment of autism, the term  "program  and  services
    18  enhancements" means any supplemental program or service that will assist
    19  in  positive  outcomes  for  individuals diagnosed with autism and their
    20  families that are approved by the New York state autism  council  estab-
    21  lished  in  section  four hundred sixty-one of the executive law and the
    22  term "autism awareness project" means a project approved by the  [office
    23  for  people with developmental disabilities aimed] New York state autism
    24  council toward educating the general public about  [the  causes,]  symp-
    25  toms[,] and treatments of autism.
    26    § 3. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.  Effective immediately, the addition, amend-
    28  ment and/or repeal of any rule or regulation necessary for the implemen-
    29  tation  of  this act on its effective date are authorized to be made and
    30  completed on or before such effective date.