CSSB 117(HES): "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date."

00CS FOR SENATE BILL NO. 117(HES) 01 "An Act establishing a statewide independent living council and clarifying its 02 relationship with existing agencies; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.80.030 is amended to read: 05  Sec. 47.80.030. GOVERNOR'S COUNCIL ON DISABILITIES AND 06 SPECIAL EDUCATION. There is established the Governor's Council on Disabilities 07 and Special Education. For budgetary purposes, the council is located within the 08 Department of Health and Social Services but is the interdepartmental planning and 09 coordinating agency of the Department of Health and Social Services, the Department 10 of Education, and other departments that deliver services to persons who are gifted or 11 experiencing a disability. In addition, except as provided in AS 47.80.300 - 12 47.80.330, the council is the state planning council and interagency coordinating 13 council for purposes of federal laws relating to persons who are gifted or experiencing 14 a disability.

01 * Sec. 2. AS 47.80 is amended by adding new sections to read: 02 ARTICLE 4A. STATEWIDE INDEPENDENT LIVING COUNCIL. 03  Sec. 47.80.300. STATEWIDE INDEPENDENT LIVING COUNCIL. There 04 is established the Statewide Independent Living Council. For budgetary purposes, the 05 council is located in the Department of Education. The Department of Education shall 06 provide reasonable and necessary professional and technical assistance when requested 07 by the council. 08  Sec. 47.80.310. COMPOSITION; TERMS; COMPENSATION. (a) The 09 governor shall appoint members to the council who meet the applicable requirements 10 of 29 U.S.C. 796d after soliciting personal applications and after soliciting 11 recommendations from the public, from organizations representing a broad range of 12 individuals experiencing disabilities, and from organizations interested in individuals 13 experiencing disabilities. The council shall select a chairperson from among its voting 14 members. 15  (b) The members shall be appointed to staggered terms of three years, except 16 that a person appointed to fill a vacancy shall be appointed for the remaining years of 17 the prior member's term. A member may not serve more than two consecutive full 18 terms. Notwithstanding their terms of office, the members serve at the pleasure of the 19 governor. 20  (c) Members of the council who are not state employees are entitled to per 21 diem and travel expenses as authorized for members of boards and commissions under 22 AS 39.20.180. In addition, if required by federal law, a member is entitled to 23  (1) reimbursement of the necessary expenses of attending council 24 meetings and performing council duties, including expenses for child care and personal 25 assistance services; 26  (2) compensation of $150 for each day of performing council duties 27 and each day spent traveling to attend a council meeting if the member is not 28 employed or must forfeit wages from other employment in order to perform council 29 duties or travel to a council meeting. 30  Sec. 47.80.320. POWERS AND DUTIES. (a) The council shall perform the 31 duties set out in 29 U.S.C. 796d in a manner that will maximize the state's receipt of

01 federal financial assistance for independent living services and centers of independent 02 living for residents with severe disabilities, including the following duties: 03  (1) joint development of the state plan required under 29 U.S.C. 796c 04 and evaluation of the implementation of the plan; 05  (2) development of a plan for the provision of resources, including staff 06 and personnel, that may be necessary to carry out the council's functions with funds 07 from the federal government and other public and private sources; and 08  (3) coordination of the council's activities with other state agencies that 09 address the needs of specific disability populations and issues under federal law. 10  (b) The council may 11  (1) hold hearings and forums as determined by the council to be 12 necessary to carry out its duties; 13  (2) solicit and accept money or other resources on behalf of the state 14 from any public or private source. 15  Sec. 47.80.330. DEFINITION. Notwithstanding AS 47.80.900, in 16 AS 47.80.300 - 47.80.320, "council" means the Statewide Independent Living Council 17 established under AS 47.80.300. 18 * Sec. 3. Notwithstanding AS 47.80.310, enacted by sec. 2 of this Act, the governor shall 19 appoint the initial members of the Statewide Independent Living Council so that approximately 20 equal numbers of the members have terms of one, two, and three years in order to achieve 21 staggered three-year terms thereafter. 22 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).