N.Y. Comp. Codes R. & Regs. tit. 9 § 3.33

Current through Register Vol. 46, No. 16, April 17, 2024

Section 3.33 - Executive order no. 33: [establishing a state advisory council on the handicapped.]

I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, in order to provide the State with the broadest policy advice on the educational, health, social and vocational programs for the handicapped, and in order to assure that the special needs of the handicapped are appropriately considered in State programs, and in order to coordinate all programs for the handicapped and eliminate any fragmentation of program responsibility for the handicapped, do hereby establish a State Advisory Council on the Handicapped, in the New York State Health Planning Commission. The Council membership will include the heads of agencies whose programs and activities affect the handicapped, including, but not limited to, the Commissioners of Health; Mental Hygiene; Social Services; Education; Civil Service; Correctional Services; Housing; Human Rights; General Services; Commerce; Labor; Parks and Recreation; Transportation; Secretary of State; Director, Office for the Aging; Director, Division for Veterans' Affairs; Director, Division for Youth; Executive Director, Board of Social Welfare; Chairman, Workmen's Compensation Board; Chairman, Health Planning Commission; Director of the Budget; and Chancellor of the State University. The Co-Chairpersons of the Council will be the Chairman of the Health Planning Commission and the Secretary of State.

I. General Powers

The Council shall report to the Health Planning Commission on all policies and programs which affect persons with physical, mental or emotional disabilities. Such reporting shall be to implement the State's concern that government be made responsive to the needs of these individuals and to fulfill the State commitment to develop a comprehensive and effective State policy to insure that each handicapped person will have the opportunity to live as independently as possible in the community with full opportunity to develop his or her capacity for growth and experience. The Council is further charged with assisting State government to do everything within its power to eliminate obstacles to dignity and achievement which handicapped citizens may face as a result of a government and society unaware of or insensitive to their needs. In order to fulfill these functions:

A. The Council shall report to the Health Planning Commission on these portions of the State Health Plan dealing with the handicapped, and shall identify the needs of the handicapped and the appropriate State objectives to meet such needs.

Objectives shall be developed in the areas of transportation, health, education, rehabilitative services, employment and the design and construction of public facilities and housing, as well as in other areas relevant to the handicapped. For each objective, necessary legislative, fiscal, programmatic and administrative activities shall be proposed to the Health Planning Commission for action. In order to develop these activities:

1. The Council shall examine Federal, State and local programs for the handicapped to determine where inadequacies exist; where modifications, expansion, or terminations of State programs are appropriate; where new initiatives are necessary; and where greater coordination between Federal, State and local programs is needed; and

2. The Council shall review ongoing and newly-created State programs for the handicapped to examine their effectiveness and efficiency and to make programmatic and budgetary recommendations.

B. The Council shall monitor and review all planning and program efforts in the State which are designed to assist handicapped persons in specific ways. The Council shall identify jurisdictional and administrative conflicts between agencies concerned with the handicapped and shall advise the Health Planning Commission on the coordination necessary to insure that such programs are administered in a complementary fashion;

C. The Council shall perform such other functions and duties which may be necessary to the effective discharge of its responsibilities or which are requested of it by the Health Planning Commission.

II. Assistance of Other State Agencies

The Council shall be convened at the request of the Chairman of the Health Planning Commission or when otherwise deemed necessary by the Chairpersons of the Council; to fulfill the requirements of this order.

In performing its powers, functions and duties, the Council shall utilize the resources of the Health Planning Commission and any other State Agency to provide such assistance as may be necessary.

Signed: Hugh L. CareyDated: March 24, 1976

[FN*] [Revoked and superseded by Executive Order No. 51 (Hugh L. Carey), § 3.51 infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.33