Citations Affected: IC 4-23-29.
Synopsis: Council for people with disabilities. Creates the governor's
council for people with disabilities and the board of directors of the
council to implement the federal Developmental Disabilities Assistance
and Bill of Rights act. (The council and board of directors are currently
created by executive order.)
Effective: July 1, 2004.
January 13, 2004, read first time and referred to Committee on Rules and Legislative
Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
SECTION 1. IC 4-23-29 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Chapter 29. Governor's Council for People with Disabilities
Sec. 1. As used in this chapter, "act" refers to the federal
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6024) and subsequent amendments.
Sec. 2. As used in this chapter, "board" refers to the board of
directors of the council.
Sec. 3. As used in this chapter, "council" refers to the
governor's council for people with disabilities established by
section 7 of this chapter.
Sec. 4. (a) As used in this chapter, for an individual who is at
least five (5) years of age, "developmental disability" means a
severe, chronic disability that:
(1) is attributable to a mental or physical impairment or
combination of mental and physical impairments;
(2) is manifested before the individual is twenty-two (22) years
of age;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitation in three (3) or
more areas of major life activity; and
(5) reflects the individual's need for special, interdisciplinary
services, supports, or assistance that are of lifelong or
extended duration and are individually planned and
coordinated.
(b) As used in this chapter, for an individual less than five (5)
years of age, "developmental disability" means:
(1) substantial developmental delay; or
(2) specific congenital or acquired conditions;
with high probability of resulting in a developmental disability
described in subsection (a) if services are not provided.
Sec. 5. As used in this chapter, "disability" means a physical or
mental impairment that substantially limits one (1) or more major
life activities.
Sec. 6. As used in this chapter, "major life activity" includes the
following:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
Sec. 7. The governor's council for people with disabilities is
established to:
(1) implement the act;
(2) implement the policies established by the board;
(3) receive grants from:
(A) the federal government;
(B) philanthropic foundations; and
(C) private sources; and
(4) engage in activities to improve delivering of services.
Sec. 8. (a) The board of directors of the council is established.
(b) The following ex officio members are nonvoting members of
the board:
(1) The state superintendent of public instruction or the
superintendent's designee.
(2) The secretary of family and social services or the
secretary's designee.
(3) The commissioner of the state department of health or the
commissioner's designee.
(c) The following ex officio members are voting members of the
board:
(1) The executive director of the Indiana protection and
advocacy services commission.
(2) The executive director of the university center for
excellence as designated under the act.
(d) The governor shall appoint the following fifteen (15)
members to the board for terms of three (3) years or until a
successor is appointed:
(1) Three (3) individuals with developmental disabilities.
(2) Three (3) individuals who are:
(A) parents of children with developmental disabilities; or
(B) immediate relatives or guardians of adults with
developmental disabilities.
(3) Two (2) individuals who may be:
(A) individuals with developmental disabilities; or
(B) parents, immediate relatives, or guardians of
individuals with developmental disabilities.
(4) One (1) individual who is institutionalized or was
previously institutionalized or the parent, immediate relative,
or guardian of an individual who is institutionalized or was
previously institutionalized.
(5) Two (2) individuals with disabilities representing local
community or statewide organizations whose stated mission
includes fostering the productivity, inclusion, and
independence of people with developmental disabilities.
(6) Two (2) individuals who represent:
(A) the community; or
(B) a business that has demonstrated a commitment to
implementing the federal Americans with Disabilities Act
(42 U.S.C. 1201 et seq.)
(7) Two (2) individuals who represent providers of services to
persons with developmental disabilities, including the
following:
(A) Special education programs.
(B) Independent living centers.
(C) Community based programs.
(D) Health care.
(E) Preschool, early intervention programs, or area
agencies on aging.
(e) Of the individuals initially appointed by the governor, at
least nine (9) must be chosen from names submitted by the council
for consideration.
(f) Individuals appointed by the governor under subsection
(d)(1) through (d)(5) must have demonstrated an active
involvement in the development of disability policy by:
(1) serving on boards or commissions; or
(2) advocating;
on behalf of persons with disabilities.
(g) A member may not serve more than two (2) consecutive
terms. The governor shall make appointments not later than
October 1 of each year.
(h) Each member of the board who is not a state employee is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Members are also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(i) The governor shall appoint a chairperson of the board, who
has at least one (1) year of experience as a board member, from
among the members appointed by the governor.
(j) The board shall adopt policies and procedures to carry out
the board's duties under:
(1) the act; and
(2) this chapter.
Sec. 9. The council may enter into contracts in accordance with
IC 5-22.
Sec. 10. (a) The council shall develop and implement a five (5)
year plan adopted by the board for persons with disabilities that
meets the requirements of the act and this chapter.
(b) The council shall be funded with federal funds received.
(c) The council shall administer funds received under the act
from the following:
(1) Grants.
(2) Contracts.
(3) Interagency agreements.
(d) The council shall finance and implement programs, projects,
and activities required under the five (5) year plan adopted by the
board, including the following:
(1) Conducting hearings and forums that the council
determines necessary to carry out the duties of the council.
(2) Conducting at least four (4) business meetings per
calendar year.
(3) Hiring, supervising, and evaluating an executive director.
(4) Maintaining sufficient staff, supervised by the executive
director, to carry out the duties of the council.
(5) Entering into contracts for services to carry out the
council's functions.
Sec. 11. (a) The council shall advocate on behalf of persons with
disabilities by providing information and advice to:
(1) state and local officials;
(2) the governor;
(3) the general assembly; and
(4) the United States Congress.
(b) The council shall promote private and public sector
partnerships to advance:
(1) the act;
(2) the federal Americans with Disabilities Act;
(3) the federal Fair Housing Act; and
(4) other legislation that protects and benefits persons with
disabilities and families of individuals with disabilities.
(c) The council shall provide leadership in the development,
adoption, and implementation of public policy to create
partnerships between the public and private sector to advance the
goals of:
(1) independence;
(2) community inclusion;
(3) productivity; and
(4) integration;
of people with disabilities in all aspects of society.
(d) The council is designated as the single state agency to
administer the act.
SECTION 2. [EFFECTIVE JULY 1, 2004] (a) Notwithstanding
IC 4-23-29-8, as added by this act, an individual who, before July
1, 2004, serves as a member of the board of directors of the
governor's council for people with disabilities shall finish the term
to which the individual was appointed under executive order EO
03-23.
(b) When the term of an individual described in subsection (a)
expires, the governor shall appoint a member under IC 4-23-29, as
added by this act.
(c) The provisions of IC 4-23-29-8(g), as added by this act,
concerning a limit of two (2) consecutive terms apply to an
individual who is serving on July 1, 2004, as a member of the board
of directors of the governor's council for people with disabilities
and who is eligible for reappointment under IC 4-23-29-8, as added
by this act.
(d) This SECTION expires December 31, 2006.