WES MOORE, Governor Ch. 43
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Chapter 43
(House Bill 53)
AN ACT concerning
Human Services – Maryland Statewide Independent Living Council
FOR the purpose of codifying the Maryland Statewide Independent Living Council as an
instrumentality of the State to submit, monitor, implement, and evaluate the State
Plan under the federal Rehabilitation Act in conjunction with a certain State entity;
establishing a Board of Directors for the Council Centers for Independent Living in
the State; requiring the Attorney General to be the legal advisor to the Council; and
generally relating to the Maryland Statewide Independent Living Council.
BY adding to
Article – Human Services
Section 7–1001 through 7–1007 to be under the new subtitle “Subtitle 10. Maryland
Statewide Independent Living Council”
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Human Services
SUBTITLE 10. MARYLAND STATEWIDE INDEPENDENT LIVING COUNCIL.
7–1001.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “BOARD” MEANS THE BOARD OF DIRECTORS FOR THE MARYLAND
STATEWIDE INDEPENDENT LIVING COUNCIL.
(C) (B) “CENTERS FOR INDEPENDENT LIVING” MEANS
COMMUNITY –BASED ORGANIZATIONS THAT ARE DESIGNED AN D OPERATED BY
PEOPLE WITH DISABILI TIES.
(C) “COUNCIL” MEANS THE MARYLAND STATEWIDE INDEPENDENT LIVING
COUNCIL.
(D) “DESIGNATED STATE ENTITY” MEANS THE STATE ENTITY IDENTIFI ED
IN THE STATE PLAN FOR INDEPENDENT LIVING AS HAVING RESP ONSIBILITY FOR Ch. 43 2023 LAWS OF MARYLAND
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ADMINISTERING PROVIDING ADMINISTRA TIVE SUPPORT AND DIS BURSEMENT OF
FUNDS TO THE COUNCIL TO CARRY OUT THE STATE PLAN.
(E) “STATE PLAN” MEANS THE STATE PLAN FOR INDEPENDENT LIVING
THAT IS REQUIRED TO RECEIVE FUNDS UNDER THE FEDERAL REHABILITATION ACT.
7–1002.
(A) (1) THERE IS A MARYLAND STATEWIDE INDEPENDENT LIVING
COUNCIL THAT IS AN IN STRUMENTALITY OF THE STATE.
(2) THE COUNCIL IS THE ENTITY THAT WAS CREATED IN 1993 BY AN
EXECUTIVE ORDER ISSU ED BY THE GOVERNOR, WHICH ESTABLISHED TH E COUNCIL
IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT.
(B) THE COUNCIL SHALL:
(1) WORK IN CONJUNCTION WITH THE DESIGNATED STATE ENTITY
CENTERS FOR INDEPENDENT LIVING IN SUBMITTING , MONITORING ,
IMPLEMENTING , AND EVALUATING THE STATE PLAN; AND
(2) CARRY OUT OTHER DUTI ES AS REQUIRED UNDER THIS SUBTITLE
AND THE FEDERAL REHABILITATION ACT TO SUPPORT THE IM PLEMENTATION OF
THE STATE PLAN.
7–1003.
(A) (1) THERE IS A BOARD OF DIRECTORS FOR THE MARYLAND
STATEWIDE INDEPENDENT LIVING COUNCIL.
(2) THE BOARD SHALL MANAGE TH E ENTITY KNOWN AS TH E COUNCIL
AND EXERCISE ITS ORGANIZATIONAL POWER S.
(B) (1) THE GOVERNOR SHALL APPOIN T THE MEMBERS OF THE BOARD
COUNCIL IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT OR ANY
OTHER FEDERAL LAW TH AT MODIFIES PROVISIO NS FOR STATEWIDE IND EPENDENT
LIVING COUNCILS .
(2) A MEMBER OF T HE BOARD COUNCIL SHALL RESIDE IN THE
STATE.
(3) IN MAKING APPOINTMENT S TO THE BOARD COUNCIL, THE
GOVERNOR SHALL CONSID ER:
WES MOORE, Governor Ch. 43
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(I) DIVERSITY BASED ON S EX, GENDER IDENTITY , SEXUAL
ORIENTATION , RACE, ETHNICITY, AND ECONOMIC STATUS ; AND
(II) REPRESENTATION FROM ALL GEOGRAPHIC REGIO NS OF
THE STATE.
(C) (B) (1) (I) A MEMBER OF THE BOARD COUNCIL MAY NOT SERVE
MORE THAN TWO CONSEC UTIVE FULL 3–YEAR TERMS.
(II) AT THE END OF A TERM , AN APPOINTED MEMBER
CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES IN THE
EVENT OF A VACANCY O N THE COUNCIL:
1. THE COUNCIL MAY CONTINUE TO EXECUTE ITS
DUTIES; AND
2. THE GOVERNOR SHALL APPOIN T A MEMBER OF THE
COUNCIL IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION.
(III) A MEMBER A PPOINTED TO FILL A V ACANCY SHALL SERVE
ONLY FOR THE BALANCE OF THE REMAINING TER M AT THE TIME OF APP OINTMENT.
(2) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER F OR
INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE
POSITION.
(3) EACH YEAR THE BOARD COUNCIL SHALL ELECT A CHAIR FROM
AMONG ITS MEMBERS .
(4) A MEMBER OF THE BOARD COUNCIL:
(I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE
BOARD COUNCIL; BUT
(II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE
BUDGET.
(D) (C) THE BOARD COUNCIL MAY ACT WITH AN AFFI RMATIVE VOTE OF A
MAJORITY OF ITS MEMB ERS.
7–1004.
(A) (1) THE COUNCIL SHALL EMPLOY AN EXECUTIVE DIRECTOR. Ch. 43 2023 LAWS OF MARYLAND
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(2) THE EXECUTIVE DIRECTOR SHALL HAVE EXPERIENCE WITH , AND
POSSESS QUALIFICATIO NS RELEVANT TO , THE ACTIVITIES AND P URPOSES OF THE
COUNCIL.
(B) THE COUNCIL MAY:
(1) EMPLOY A STAFF ;
(2) ADOPT A SEAL;
(3) ADOPT BYLAWS , POLICIES, AND PROCEDURES RELAT ED TO
OPERATING THE COUNCIL;
(4) (3) RETAIN ANY NECESSARY ACCOUNTANTS , FINANCIAL
ADVISORS, OR OTHER CONSULTANTS ;
(5) (4) MAINTAIN OFFICES AT A PLACE THE COUNCIL DESIGNATES
IN THE STATE;
(6) (5) ACCEPT LOANS , GRANTS, OR ASSISTANCE OF ANY KIND
FROM ANY ENTITY OF F EDERAL, STATE, OR LOCAL GOVERNMENT , AN INSTITUTION
OF HIGHER EDUCATION , OR A PRIVATE SOURCE IF THE COUNCIL GIVES PRIOR
NOTICE TO THE DESIGNATED STATE ENTITY;
(7) (6) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS;
(8) (7) SUE OR BE SUED; AND
(9) (8) DO ALL THING S NECESSARY OR CONVE NIENT TO CARRY OUT
THE POWERS GRANTED B Y THIS SUBTITLE.
7–1005.
(A) THE ATTORNEY GENERAL IS THE LEGAL ADVISOR TO THE COUNCIL.
(B) WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE COUNCIL MAY
RETAIN ANY OTHER NEC ESSARY ATTORNEYS .
7–1006.
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B), (C), AND (E) OF THIS
SECTION, THE COUNCIL IS EXEMPT FRO M TITLE 10 AND DIVISION II OF THE STATE
FINANCE AND PROCUREMENT ARTICLE. WES MOORE, Governor Ch. 43
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(B) THE COUNCIL IS SUBJECT TO :
(1) THE OPEN MEETINGS ACT; AND
(2) THE PUBLIC INFORMATION ACT.
(C) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE SUBJECT T O
THE PUBLIC ETHICS LAW.
(D) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE NOT SUBJE CT
TO THE PROVISIONS OF DIVISION I OF THE STATE PERSONNEL AND PENSIONS
ARTICLE THAT GOVERN THE STATE PERSONNEL MANAGEMENT SYSTEM.
(E) THE COUNCIL, THE BOARD, AND THE EMPLOYEES OF THE COUNCIL ARE
SUBJECT TO TITLE 12, SUBTITLE 4 OF THE STATE FINANCE AND PROCUREMENT
ARTICLE.
(F) EACH YEAR, THE DESIGNATED STATE ENTITY SHALL AUDIT TH E BOOKS
AND RECORDS OF THE COUNCIL.
7–1007.
(A) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E COUNCIL IS
NOT:
(1) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E STATE;
OR
(2) A PLEDGE OF THE CRED IT OF THE STATE.
(B) THE COUNCIL IS EXEMPT FROM STATE AND LOCAL TAXES .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, April 11, 2023.