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.

Terms Used In N.Y. Executive Law 450

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

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 membership of the developmental disabilities planning council shall at all times include representatives of the principal state agencies, higher education training facilities, local agencies, and non-governmental agencies and groups concerned with services to persons with developmental disabilities in New York state;

(b) At least one-half of the membership shall consist of:

(i) developmentally disabled persons or their parents or guardians or of immediate relatives or guardians of persons with mentally impairing developmental disabilities,

(ii) these 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,

(iii) at least one-third of these members shall be developmentally disabled,

(iv) at least one-third shall be immediate relatives or guardians of persons with mentally impairing developmental disabilities,

(v) at least one member shall be an immediate relative or guardian of an institutionalized developmentally disabled person;

(c) The membership may include some or all of the members of the advisory council on mental retardation and developmental disabilities.

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.