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.