§ 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 following people shall serve as ex officio members of the council:

(i) the head of any state agency that administers funds provided under federal laws related to individuals with disabilities, or such person's designee;

(ii) the head of any university center for excellence in developmental disabilities, or such person's designee; and

(iii) the head of the state's protection and advocacy system, or such person's designee.

(b) The membership of the developmental disabilities planning council shall also include local agencies, and non-governmental agencies and groups concerned with services to persons with developmental disabilities in New York state.

(c) At least sixty percent of the members appointed by the governor shall consist of developmentally disabled persons or their parents or guardians or of immediate relatives or guardians of persons with developmental disabilities.

(i) These members 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,

(ii) At least one-third of these members shall be developmentally disabled,

(iii) At least one-third of these members shall be immediate relatives or guardians of persons with developmental disabilities, and

(iv) At least one member shall be an immediate relative or guardian of an institutionalized developmentally disabled person. 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.