EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0053*
HOUSE BILL 53
O1, O3 3lr0377
(PRE–FILED)
By: Delegate Forbes
Requested: September 9, 2022
Introduced and read first time: January 11, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Human Services – Maryland Statewide Independent Living Council 2
FOR the purpose of codifying the Maryland Statewide Independent Living Council as an 3
instrumentality of the State to submit, monitor, implement, and evaluate the State 4
Plan under the federal Rehabilitation Act in conjunction with a certain State entity; 5
establishing a Board of Directors for the Council; requiring the Attorney General to 6
be the legal advisor to the Council; and generally relating to the Maryland Statewide 7
Independent Living Council. 8
BY adding to 9
Article – Human Services 10
Section 7–1001 through 7–1007 to be under the new subtitle “Subtitle 10. Maryland 11
Statewide Independent Living Council” 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2022 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Human Services 17
SUBTITLE 10. MARYLAND STATEWIDE INDEPENDENT LIVING COUNCIL. 18
7–1001. 19
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(B) “BOARD” MEANS THE BOARD OF DIRECTORS FO R THE MARYLAND 22 2 HOUSE BILL 53
STATEWIDE INDEPENDENT LIVING COUNCIL. 1
(C) “COUNCIL” MEANS THE MARYLAND STATEWIDE INDEPENDENT LIVING 2
COUNCIL. 3
(D) “DESIGNATED STATE ENTITY” MEANS THE STATE ENTITY IDENTIFIED 4
IN THE STATE PLAN FOR INDEPENDENT LIVING AS HAVING RESPONSIB ILITY FOR 5
ADMINISTER ING THE STATE PLAN. 6
(E) “STATE PLAN” MEANS THE STATE PLAN FOR INDEPENDENT LIVING 7
THAT IS REQUIRED TO RECEIVE FUNDS UNDER THE FEDE RAL REHABILITATION ACT. 8
7–1002. 9
(A) (1) THERE IS A MARYLAND STATEWIDE INDEPENDENT LIVING 10
COUNCIL THAT IS AN INSTRUMENTALITY OF THE STATE. 11
(2) THE COUNCIL IS THE ENTITY THAT WAS CREATED IN 1993 BY AN 12
EXECUTIVE ORDER ISSU ED BY THE GOVERNOR, WHICH ESTABLISHED TH E COUNCIL 13
IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT. 14
(B) THE COUNCIL SHALL: 15
(1) WORK IN CONJUNCTION W ITH THE DESIGNATED STATE ENTITY IN 16
SUBMITTING, MONITORING , IMPLEMENTING , AND EVALUATING THE STATE PLAN; 17
AND 18
(2) CARRY OUT OTHER DUTIE S AS REQUIRED UNDER THIS SUBTITLE 19
AND THE FEDERAL REHABILITATION ACT TO SUPPORT THE IMPLEMENTATION OF 20
THE STATE PLAN. 21
7–1003. 22
(A) (1) THERE IS A BOARD OF DIRECTORS FOR THE MARYLAND 23
STATEWIDE INDEPENDENT LIVING COUNCIL. 24
(2) THE BOARD SHALL MANAGE TH E ENTITY KNOWN AS THE COUNCIL 25
AND EXERCISE ITS ORG ANIZATIONAL POWERS . 26
(B) (1) THE GOVERNOR SHALL APPOINT THE MEMBERS OF THE BOARD 27
IN ACCORDANCE WITH THE FEDERAL REHABILITATION ACT OR ANY OTHER 28
FEDERAL LAW THAT MODIFIES PROVISIONS FOR STATEWIDE INDEPENDENT LIVING 29
COUNCILS. 30 HOUSE BILL 53 3
(2) A MEMBER OF THE BOARD SHALL RESIDE IN THE STATE. 1
(3) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR 2
SHALL CONSIDER : 3
(I) DIVERSITY BASED ON SE X, GENDER IDENTITY , SEXUAL 4
ORIENTATION , RACE, ETHNICITY, AND ECONOMIC STATUS ; AND 5
(II) REPRESENTATION FROM ALL GEOGRAPHIC REGION S OF 6
THE STATE. 7
(C) (1) (I) A MEMBER OF THE BOARD MAY NOT SERVE MORE THAN 8
TWO CONSECUTIVE FULL 3–YEAR TERMS. 9
(II) AT THE END OF A TERM , AN APPOINTED MEMBER 10
CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 11
(III) A MEMBER APPOINTED TO FILL A VACANCY SHALL SERVE 12
ONLY FOR THE BALANCE OF THE REMAINING TER M AT THE TIME OF APP OINTMENT. 13
(2) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER F OR 14
INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE 15
POSITION. 16
(3) EACH YEAR THE BOARD SHALL ELECT A CHAIR FROM AMONG ITS 17
MEMBERS. 18
(4) A MEMBER OF THE BOARD: 19
(I) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 20
BOARD; BUT 21
(II) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER 22
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 23
BUDGET. 24
(D) THE BOARD MAY ACT WITH AN AFFI RMATIVE VOTE OF A MA JORITY OF 25
ITS MEMBERS. 26
7–1004. 27
(A) (1) THE COUNCIL SHALL EMPLOY AN EXECUTIVE DIRECTOR. 28 4 HOUSE BILL 53
(2) THE EXECUTIVE DIRECTOR SHALL HAVE E XPERIENCE WITH , AND 1
POSSESS QUALIFICATIO NS RELEVANT TO , THE ACTIVITIES AND P URPOSES OF THE 2
COUNCIL. 3
(B) THE COUNCIL MAY: 4
(1) EMPLOY A STAFF; 5
(2) ADOPT A SEAL; 6
(3) ADOPT BYLAWS , POLICIES, AND PROCEDURES RELAT ED TO 7
OPERATING THE COUNCIL; 8
(4) RETAIN ANY NECESSARY ACCOUNTANTS , FINANCIAL ADVISORS , 9
OR OTHER CONSULTANTS ; 10
(5) MAINTAIN OFFICES AT A PLACE THE COUNCIL DESIGNATES IN THE 11
STATE; 12
(6) ACCEPT LOANS, GRANTS, OR ASSISTANCE OF ANY KIND FROM ANY 13
ENTITY OF FEDERAL, STATE, OR LOCAL GOVERNMENT , AN INSTITUTION OF HIG HER 14
EDUCATION, OR A PRIVATE SOURCE IF THE COUNCIL GIVES PRIOR N OTICE TO THE 15
DESIGNATED STATE ENTITY; 16
(7) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 17
(8) SUE OR BE SUED; AND 18
(9) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 19
POWERS GRANTED BY TH IS SUBTITLE. 20
7–1005. 21
(A) THE ATTORNEY GENERAL IS THE LEGAL ADVISOR TO THE COUNCIL. 22
(B) WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE COUNCIL MAY 23
RETAIN ANY OTHER NECESSARY ATTORNEYS. 24
7–1006. 25
(A) EXCEPT AS PROVIDED IN SUBSECTION S (B), (C), AND (E) OF THIS 26
SECTION, THE COUNCIL IS EXEMPT FRO M TITLE 10 AND DIVISION II OF THE STATE 27 HOUSE BILL 53 5
FINANCE AND PROCUREMENT ARTICLE. 1
(B) THE COUNCIL IS SUBJECT TO : 2
(1) THE OPEN MEETINGS ACT; AND 3
(2) THE PUBLIC INFORMATION ACT. 4
(C) THE BOARD AND THE EMPLOYE ES OF THE COUNCIL ARE SUBJECT T O 5
THE PUBLIC ETHICS LAW. 6
(D) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE NOT SUBJE CT 7
TO THE PROVISIONS OF DIVISION I OF THE STATE PERSONNEL AND PENSIONS 8
ARTICLE THAT GOVERN THE STATE PERSONNEL MANAGEMENT SYSTEM. 9
(E) THE COUNCIL, THE BOARD, AND THE EMPLOYEES OF THE COUNCIL ARE 10
SUBJECT TO TITLE 12, SUBTITLE 4 OF THE STATE FINANCE AND PROCUREMENT 11
ARTICLE. 12
(F) EACH YEAR, THE DESIGNATED STATE ENTITY SHALL AUDIT THE BOOKS 13
AND RECORDS OF THE COUNCIL. 14
7–1007. 15
(A) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E COUNCIL IS 16
NOT: 17
(1) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E STATE; 18
OR 19
(2) A PLEDGE OF THE CREDIT OF THE STATE. 20
(B) THE COUNCIL IS EXEMPT FRO M STATE AND LOCAL TAXES . 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2023. 23