H. B. 2913
(By Delegates Williams, Ennis, Pethtel,
Morgan and Stephens)
[Introduced March 3, 2009; referred to the
Committee on Senior Citizen Issues then Government
Organization.]
A BILL to amend and reenact §18-10M-6 of the Code of West Virginia,
1931, as amended, relating to the Statewide Independent Living
Council; clarifying appointment of council members by the
Governor; deleting antiquated language and revising duties of
the council.
Be it enacted by the Legislature of West Virginia:
That §18-10M-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10M. WEST VIRGINIA INDEPENDENT LIVING ACT.
§18-10M-6. Statewide Independent Living Council.
(a) The West Virginia Statewide Independent Living Council is
hereby established, as it has heretofore existed under the federal
rehabilitation act, continued as a not-for-profit corporation which
shall be has been organized to meet the requirements of the Federal
Rehabilitation Act:
Provided, That the council may not be established as an entity within any agency or political subdivision
of the state. The council shall be governed by a board of
directors, consisting of the voting members of the council, as
provided in this section. The composition of this board of
directors, as well as the composition of the full council's
membership, shall include a majority of members who are persons
with disabilities, as defined in the state plan, and a majority of
members who are not employed by any agency of the state or Center
for Independent Living. The council's membership shall reflect
balanced geographical representation, diverse backgrounds and the
full range of disabilities recognized under the federal act,
including physical, mental, cognitive, sensory and multiple.
(b) The council shall function as a partner with the Division
of Rehabilitation Services in the planning and provision of
independent living services in the state. In conjunction with the
division, the council shall develop, approve and submit to the
proper federal authorities the state plan for independent living,
as required by the federal act. The council shall monitor, review
and evaluate the effectiveness of the implementation of the state
plan.
(c)
Voting members. -- The council shall consist of
twenty-four voting members
including: as follows one director of
an Independent Living Center chosen by the directors of the
independent living centers in the state.
and twenty-three members appointed by the Governor The Governor shall select appointments
from among the nominations submitted by organizations representing
a wide range of individuals with disabilities and other interested
groups, as coordinated by the council, by and with the advice and
consent of the Senate. These members may include other
representatives from Centers for Independent Living, parents and
guardians of individuals with disabilities, advocates of
individuals with disabilities, representatives from the business
and educational sectors, representatives of organizations that
provide services for individuals with disabilities and other
interested individuals, as appropriate to the purpose of the
council.
(d)
Nonvoting members. -- The membership of the council shall
also include the following, nonvoting, ex officio members or their
designees:
(1)
The director A representative of the Division of
Rehabilitation Services;
(2)
The director A representative of the Office of Behavioral
Health Services within the Department of Health and Human
Resources;
(3)
The director A representative of the West Virginia Housing
Development Fund;
(4)
The president A representative of the West Virginia
Association of Rehabilitation Facilities;
(5)
The commissioner A representative of the Bureau of Senior
Services; and
(6)
The director A representative of the Office of Special
Education Programs and Assurance in the Department of Education.
(e) The nonvoting membership may also include additional
representatives of groups represented on the board of directors.
(f) Appointment. -- All council members are appointed by the
Governor. The Governor shall appoint from among the nominations
submitted by organizations representing a wide range of individuals
with disabilities and other interested groups, as coordinated by
the council.
(e) (g) Terms of appointment. --
All council members are
appointed to Each appointed member of the council shall serve for
a term of three years, except that a member appointed to fill a
vacancy occurring prior to the expiration of the term for which a
predecessor was appointed shall be appointed for the remainder of
the unexpired term.
and the terms of service of the members
initially appointed shall be for such fewer number of years as will
provide for the expiration of terms on a staggered basis, as
specified by the Governor No member of the council may serve more
than two consecutive full terms.
(f) (h) Vacancies. -- Any vacancy occurring in the appointed
membership of the council shall be filled in the same manner as the
original appointment. A vacancy does not affect the power of the remaining members to execute the duties of the council.
(g) (i) Delegation. -- The Governor may delegate the authority
to fill a vacancy to the remaining voting members of the council
after initial appointments have been made.
(h) (j) Duties. -- The council shall:
(1) In conjunction with the Division of Rehabilitation
Services, develop and sign the state plan for independent living;
(2) Monitor, review and evaluate the implementation of the
state plan;
(3) Coordinate activities with the state rehabilitation
council and other bodies that address the needs of specific
disability populations and issues under other federal and state
law;
(4) Ensure that all regularly scheduled meetings of the
council are open to the public and sufficient advance notice is
provided; and
(5) Submit to the federal funding agency such periodic reports
as are required and keep such records and afford access to such
records, as may be necessary to verify such reports.
(6) Ensure that the state plan for independent living sets
forth the steps that will be taken to maximize the cooperation,
coordination and working relationships among:
(A) The Independent Living Rehabilitation Service Program, the
Statewide Independent Living Council, and Centers for Independent Living; and
(B) The designated state unit, other state agencies
represented on the council, other councils that address the needs
of specific disability populations and issues, and other public and
private entities determined to be appropriate by the council.
(i) (k) Staffing and resources. -- The council may employ
staff as necessary to perform the functions of the council,
including an executive director, an administrative assistant and
other staff as may be determined necessary by the council. The
council shall supervise and evaluate staff. The council shall
prepare, in conjunction with the division, a plan for the use of
available resources as may be necessary to carry out the functions
and duties of the council pursuant to this article, utilizing
eligible federal funds, funds made available under this article and
funds from other public and private sources. This resource plan
shall, to the maximum extent possible, rely on the use of existing
resources during the period of plan implementation.
(j) (l) Compensation and expenses. -- The council may use
resources that are available to it to reimburse members of the
council for reasonable and necessary expenses incurred in the
performance of their duties, including attending council meetings,
and to pay reasonable compensation to any member of the council who
is either not employed by the state or is not otherwise compensated
by his or her employer for performance of duties associated with the council, up to $50 per day.
NOTE: The purpose of this bill is to clarify that ex officio
members of the West Virginia Independent Living Council are
appointed by the Governor and are subject to term limits, in order
to comply with federal law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.