Section 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  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.