EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0608*
SENATE BILL 608
O1, O3 3lr1945
CF HB 53
By: Senator M. Washington
Introduced and read first time: February 6, 2023
Assigned to: Finance
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 FOR THE MARYLAND 22
STATEWIDE INDEPENDENT LIVING COUNCIL. 23 2 SENATE BILL 608
(C) “COUNCIL” MEANS THE MARYLAND STATEWIDE INDEPENDENT LIVING 1
COUNCIL. 2
(D) “DESIGNATED STATE ENTITY” MEANS THE STATE ENTITY IDENTIFI ED 3
IN THE STATE PLAN FOR INDEPENDENT LIVING AS HAVING RESP ONSIBILITY FOR 4
ADMINISTERING THE STATE PLAN. 5
(E) “STATE PLAN” MEANS THE STATE PLAN FOR INDEPENDENT LIVING 6
THAT IS REQUIRED TO RECEIVE FUNDS UNDER THE FEDERAL REHABILITATION ACT. 7
7–1002. 8
(A) (1) THERE IS A MARYLAND STATEWIDE INDEPENDENT LIVING 9
COUNCIL THAT IS AN IN STRUMENTALITY OF THE STATE. 10
(2) THE COUNCIL IS THE ENTITY THAT WAS CREATED IN 1993 BY AN 11
EXECUTIVE ORDER ISSU ED BY THE GOVERNOR, WHICH ESTABLISHED THE COUNCIL 12
IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT. 13
(B) THE COUNCIL SHALL: 14
(1) WORK IN CONJUNCTION WITH THE DESIGNATED STATE ENTITY IN 15
SUBMITTING, MONITORING , IMPLEMENTING , AND EVALUATING THE STATE PLAN; 16
AND 17
(2) CARRY OUT OTH ER DUTIES AS REQUIRE D UNDER THIS SUBTITL E 18
AND THE FEDERAL REHABILITATION ACT TO SUPPORT THE IM PLEMENTATION OF 19
THE STATE PLAN. 20
7–1003. 21
(A) (1) THERE IS A BOARD OF DIRECTORS FOR THE MARYLAND 22
STATEWIDE INDEPENDENT LIVING COUNCIL. 23
(2) THE BOARD SHALL MAN AGE THE ENTITY KNOWN AS THE COUNCIL 24
AND EXERCISE ITS ORG ANIZATIONAL POWERS . 25
(B) (1) THE GOVERNOR SHALL APPOIN T THE MEMBERS OF THE BOARD 26
IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT OR ANY OTHER 27
FEDERAL LAW THAT MOD IFIES PROVISIONS FOR STATEWIDE INDE PENDENT LIVING 28
COUNCILS. 29
SENATE BILL 608 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 S EX, GENDER IDENTITY , SEXUAL 4
ORIENTATION , RACE, ETHNICITY, AND ECONOMIC STA TUS; AND 5
(II) REPRESENTATION FROM ALL GEOGRAPHIC REGIO NS OF 6
THE STATE. 7
(C) (1) (I) A MEMBER OF THE BOARD MAY NOT SERVE M ORE 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 APPOINT ED AND QUALIFIES . 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 PERFORM THE D UTIES OF THE 15
POSITION. 16
(3) EACH YEAR THE BOARD SHALL ELECT A C HAIR FROM AMONG ITS 17
MEMBERS. 18
(4) A MEMBER OF THE BOARD: 19
(I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 20
BOARD; BUT 21
(II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 22
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 23
BUDGET. 24
(D) THE BOARD MAY ACT WITH AN AFFIRMATIVE VOTE OF A MAJORITY OF 25
ITS MEMBERS. 26
7–1004. 27
(A) (1) THE COUNCIL SHALL EMPLOY AN EXECUTIVE DIRECTOR. 28
4 SENATE BILL 608
(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 RELATED T O 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 HI GHER 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 NECESS ARY 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 N ECESSARY ATTORNEYS . 24
7–1006. 25
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B), (C), AND (E) OF THIS 26
SECTION, THE COUNCIL IS EXEMPT FRO M TITLE 10 AND DIVISION II OF THE STATE 27
FINANCE AND PROCUREMENT ARTICLE. 28 SENATE BILL 608 5
(B) THE COUNCIL IS SUBJECT TO : 1
(1) THE OPEN MEETINGS ACT; AND 2
(2) THE PUBLIC INFORMATION ACT. 3
(C) THE BOARD AND THE EMPLOYE ES OF THE COUNCIL ARE SUBJECT T O 4
THE PUBLIC ETHICS LAW. 5
(D) THE BOARD AND THE EMPLOYE ES OF THE COUNCIL ARE NOT SUBJE CT 6
TO THE PROVISIONS OF DIVISION I OF THE STATE PERSONNEL AND PENSIONS 7
ARTICLE THAT GOVERN T HE STATE PERSONNEL MANAGEMENT SYSTEM. 8
(E) THE COUNCIL, THE BOARD, AND THE EMPLOYEES OF THE COUNCIL ARE 9
SUBJECT TO TITLE 12, SUBTITLE 4 OF THE STATE FINANCE AND PROCUREMENT 10
ARTICLE. 11
(F) EACH YEAR, THE DESIGNATED STATE ENTITY SHALL AUDIT TH E BOOKS 12
AND RECORDS OF THE COUNCIL. 13
7–1007. 14
(A) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E COUNCIL IS 15
NOT: 16
(1) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E STATE; 17
OR 18
(2) A PLEDGE OF THE CRED IT OF THE STATE. 19
(B) THE COUNCIL IS EXEMPT FRO M STATE AND LOCAL TAXES . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2023. 22