Section 13.05. Mental retardation and developmental disabilities advisory council

(a) There is hereby established a mental retardation and developmental
  disabilities  advisory  council.  The  council  shall  consist  of   the
  commissioner,  the  chairman  of  the conference of local mental hygiene
  directors or his designee, and  at  least  thirty-three  members  to  be
  appointed  by the governor. Members shall be appointed only if they have
  demonstrated  an  active  interest  in  or  have  obtained  professional
  knowledge   in   the   care   of  persons  with  mental  retardation  or
  developmental disabilities or in the field  of  mental  retardation  and
  developmental  disabilities  generally. The governor shall designate one
  of the appointed members as  chair.  The  council  shall  at  all  times
  include  in  its  membership  representatives of community service board
  mental  retardation  and   developmental   disabilities   subcommittees,
  providers  of services and non-governmental organizations concerned with
  services for mentally retarded or developmentally disabled persons.   At
  least  one-third of the membership of the advisory council shall consist
  of  consumer  representatives  including  persons   with   developmental
  disabilities, or their parents or guardians.
    (b)  Members  shall  be  appointed  for terms of three years provided,
  however, that  of  the  members  first  appointed,  one-third  shall  be
  appointed  for  one  year terms 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. The designation of
  a member as chair shall be made bi-annually.
    (c)  The  mental  retardation  and developmental disabilities advisory
  council shall have no executive, administrative  or  appointive  duties.
  The  council  shall  have  the  duty  to foster public understanding and
  acceptance of mental  retardation  and  developmental  disabilities.  It
  shall,  in  cooperation  with the commissioner of mental retardation and
  developmental disabilities, establish statewide goals and objectives for
  services  for  persons  with  mental   retardation   and   developmental
  disabilities  and  shall  advise  the commissioner on matters related to
  development  and  implementation  of   the   OMRDD's   triennial   state
  developmental   disabilities   comprehensive   plan  as  required  under
  paragraph two of subdivision (b) of section 5.07 of  this  chapter.  The
  advisory council shall have the power to consider any matter relating to
  the  improvement  of  the  state  mental  retardation  and developmental
  disabilities  program  and  shall  advise  the  commissioner  of  mental
  retardation  and  developmental  disabilities  thereon and on any matter
  relating to the performance of their duties  with  relation  to  persons
  with  mental retardation and developmental disabilities and on policies,
  goals, budget and operation of developmental disabilities services.
    1. The council shall establish such committees as deemed necessary  by
  the  chair  with  advice  from  the  commissioner. Such committees shall
  consider matters related to the various service populations served,  and
  programs  certified  by  the office, as well as other matters, including
  planning, fiscal, and consumer affairs. The council  shall  prepare  and
  issue such reports on its activities as deemed necessary.
    2.  The  council  shall meet at least four times in each full calendar
  year. The council shall  meet  at  the  request  of  its  chair  or  the
  commissioner.
    (d)  Members of the advisory council shall receive no compensation for
  their services but shall be reimbursed for  all  expenses  actually  and
  necessarily incurred by them in the performance of their duties.
    (e)  At  least  thirty  days  prior  to  his  or her final approval of
  regulations, other than emergency regulations,  the  commissioner  shall
  submit  proposed  regulations to the council for its review. The council

  shall review all proposed regulations and report its recommendations  on
  the  proposed  regulations  to the commissioner within thirty days. Such
  period may be extended upon the agreement of the commissioner.
    (f)  The  council  shall assist the commissioner of mental retardation
  and developmental disabilities with the development  and  assessment  of
  the  triennial  state  developmental  disabilities  plan  issued  by the
  office. To ensure the full  use  of  existing  specialized  and  generic
  services  in the community, to ensure that all providers and appropriate
  local governmental agencies are  involved,  and  to  ensure  that  local
  services  to  developmentally  disabled  persons  and their families are
  readily available and accessible, the council shall periodically  assess
  the  local  planning  process  and  make  recommendations thereon to the
  commissioner and to the council for mental hygiene planning.