EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0053*
HOUSE BILL 53
O1, O3 3lr0377
(PRE–FILED) CF SB 608
By: Delegate Forbes Delegates Forbes, Pena–Melnyk, Cullison, Alston, Bagnall,
Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr,
Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga,
Taveras, White, and Woods
Requested: September 9, 2022
Introduced and read first time: January 11, 2023
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2023
CHAPTER ______
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 Centers for Independent Living in 6
the State; requiring the Attorney General to be the legal advisor to the Council; and 7
generally relating to the Maryland Statewide 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
2 HOUSE BILL 53
SUBTITLE 10. MARYLAND STATEWIDE INDEPENDENT LIVING COUNCIL. 1
7–1001. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) “BOARD” MEANS THE BOARD OF DIRECTORS FOR THE MARYLAND 5
STATEWIDE INDEPENDENT LIVING COUNCIL. 6
(C) (B) “CENTERS FOR INDEPENDENT LIVING” MEANS 7
COMMUNITY –BASED ORGANIZATIONS THAT ARE DESIGNED AN D OPERATED BY 8
PEOPLE WITH DISABILI TIES. 9
(C) “COUNCIL” MEANS THE MARYLAND STATEWIDE INDEPENDENT LIVING 10
COUNCIL. 11
(D) “DESIGNATED STATE ENTITY” MEANS THE STATE ENTITY IDENTIFI ED 12
IN THE STATE PLAN FOR INDEPENDENT LIVING AS HAVING RESP ONSIBILITY FOR 13
ADMINISTERING PROVIDING ADMINISTRA TIVE SUPPORT AND DIS BURSEMENT OF 14
FUNDS TO THE COUNCIL TO CARRY OUT THE STATE PLAN. 15
(E) “STATE PLAN” MEANS THE STATE PLAN FOR INDEPENDENT LIVING 16
THAT IS REQUIRED TO RECEIVE FUNDS UNDER THE FEDERAL REHABILITATION ACT. 17
7–1002. 18
(A) (1) THERE IS A MARYLAND STATEWIDE INDEPENDENT LIVING 19
COUNCIL THAT IS AN IN STRUMENTALITY OF THE STATE. 20
(2) THE COUNCIL IS THE ENTITY THAT WAS CREATED IN 1993 BY AN 21
EXECUTIVE ORDER ISSU ED BY THE GOVERNOR, WHICH ESTABLISHED TH E COUNCIL 22
IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT. 23
(B) THE COUNCIL SHALL: 24
(1) WORK IN CONJUNCTION WITH THE DESIGNATED STATE ENTITY 25
CENTERS FOR INDEPENDENT LIVING IN SUBMITTING , MONITORING , 26
IMPLEMENTING , AND EVALUATING THE STATE PLAN; AND 27
(2) CARRY OUT OTHER DUTI ES AS REQUIRED UNDER THIS SUBTITLE 28
AND THE FEDERAL REHABILITATION ACT TO SUPPORT THE IM PLEMENTATION OF 29
THE STATE PLAN. 30
HOUSE BILL 53 3
7–1003. 1
(A) (1) THERE IS A BOARD OF DIRECTORS FOR THE MARYLAND 2
STATEWIDE INDEPENDENT LIVING COUNCIL. 3
(2) THE BOARD SHALL MANAGE TH E ENTITY KNOWN AS TH E COUNCIL 4
AND EXERCISE ITS ORGANIZATIONAL POWER S. 5
(B) (1) THE GOVERNOR SHALL APPOIN T THE MEMBERS OF THE BOARD 6
COUNCIL IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT OR ANY 7
OTHER FEDERAL LAW TH AT MODIFIES PROVISIO NS FOR STATEWIDE IND EPENDENT 8
LIVING COUNCILS . 9
(2) A MEMBER OF T HE BOARD COUNCIL SHALL RESIDE IN THE 10
STATE. 11
(3) IN MAKING APPOINTMENT S TO THE BOARD COUNCIL, THE 12
GOVERNOR SHALL CONSID ER: 13
(I) DIVERSITY BASED ON S EX, GENDER IDENTITY , SEXUAL 14
ORIENTATION , RACE, ETHNICITY, AND ECONOMIC STATUS ; AND 15
(II) REPRESENTATION FROM ALL GEOGRAPHIC REGIO NS OF 16
THE STATE. 17
(C) (B) (1) (I) A MEMBER OF THE BOARD COUNCIL MAY NOT SERVE 18
MORE THAN TWO CONSEC UTIVE FULL 3–YEAR TERMS. 19
(II) AT THE END OF A TERM , AN APPOINTED MEMBER 20
CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES IN THE 21
EVENT OF A VACANCY O N THE COUNCIL: 22
1. THE COUNCIL MAY CONTINUE TO EXECUTE ITS 23
DUTIES; AND 24
2. THE GOVERNOR SHALL APPOIN T A MEMBER OF THE 25
COUNCIL IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION. 26
(III) A MEMBER A PPOINTED TO FILL A V ACANCY SHALL SERVE 27
ONLY FOR THE BALANCE OF THE REMAINING TER M AT THE TIME OF APP OINTMENT. 28
(2) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER F OR 29
INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE 30
POSITION. 31 4 HOUSE BILL 53
(3) EACH YEAR THE BOARD COUNCIL SHALL ELECT A CHAIR FROM 1
AMONG ITS MEMBERS . 2
(4) A MEMBER OF THE BOARD COUNCIL: 3
(I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 4
BOARD COUNCIL; BUT 5
(II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 6
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 7
BUDGET. 8
(D) (C) THE BOARD COUNCIL MAY ACT WITH AN AFFI RMATIVE VOTE OF A 9
MAJORITY OF ITS MEMB ERS. 10
7–1004. 11
(A) (1) THE COUNCIL SHALL EMPLOY AN EXECUTIVE DIRECTOR. 12
(2) THE EXECUTIVE DIRECTOR SHALL HAVE EXPERIENCE WITH , AND 13
POSSESS QUALIFICATIO NS RELEVANT TO , THE ACTIVITIES AND P URPOSES OF THE 14
COUNCIL. 15
(B) THE COUNCIL MAY: 16
(1) EMPLOY A STAFF ; 17
(2) ADOPT A SEAL; 18
(3) ADOPT BYLAWS , POLICIES, AND PROCEDURES RELAT ED TO 19
OPERATING THE COUNCIL; 20
(4) (3) RETAIN ANY NECESSARY ACCOUNTANTS , FINANCIAL 21
ADVISORS, OR OTHER CONSULTANTS ; 22
(5) (4) MAINTAIN OFFICES AT A PLACE THE COUNCIL DESIGNATES 23
IN THE STATE; 24
(6) (5) ACCEPT LOANS , GRANTS, OR ASSISTANCE OF ANY KIND 25
FROM ANY ENTITY OF F EDERAL, STATE, OR LOCAL GOVERNMENT , AN INSTITUTION 26
OF HIGHER EDUCATION , OR A PRIVATE SOURCE IF THE COUNCIL GIVES PRIOR 27
NOTICE TO THE DESIGNATED STATE ENTITY; 28
(7) (6) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 29 HOUSE BILL 53 5
(8) (7) SUE OR BE SUED; AND 1
(9) (8) DO ALL THING S NECESSARY OR CONVE NIENT TO CARRY OUT 2
THE POWERS GRANTED B Y THIS SUBTITLE. 3
7–1005. 4
(A) THE ATTORNEY GENERAL IS THE LEGAL ADVISOR TO THE COUNCIL. 5
(B) WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE COUNCIL MAY 6
RETAIN ANY OTHER NEC ESSARY ATTORNEYS . 7
7–1006. 8
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B), (C), AND (E) OF THIS 9
SECTION, THE COUNCIL IS EXEMPT FRO M TITLE 10 AND DIVISION II OF THE STATE 10
FINANCE AND PROCUREMENT ARTICLE. 11
(B) THE COUNCIL IS SUBJECT TO : 12
(1) THE OPEN MEETINGS ACT; AND 13
(2) THE PUBLIC INFORMATION ACT. 14
(C) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE SUBJECT T O 15
THE PUBLIC ETHICS LAW. 16
(D) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE NOT SUBJE CT 17
TO THE PROVISIONS OF DIVISION I OF THE STATE PERSONNEL AND PENSIONS 18
ARTICLE THAT GOVERN T HE STATE PERSONNEL MANAGEMENT SYSTEM. 19
(E) THE COUNCIL, THE BOARD, AND THE EMPLOYEES OF THE COUNCIL ARE 20
SUBJECT TO TITLE 12, SUBTITLE 4 OF THE STATE FINANCE AND PROCUREMENT 21
ARTICLE. 22
(F) EACH YEAR, THE DESIGNATED STATE ENTITY SHALL AUDIT TH E BOOKS 23
AND RECORDS OF THE COUNCIL. 24
7–1007. 25
(A) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E COUNCIL IS 26
NOT: 27
6 HOUSE BILL 53
(1) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E STATE; 1
OR 2
(2) A PLEDGE OF THE CRED IT OF THE STATE. 3
(B) THE COUNCIL IS EXEMPT FRO M STATE AND LOCAL TAXES . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2023. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.