MD
Maryland Senate Bill SB608

Maryland 2023 Regular Session

Maryland Senate Bill SB608 Compare Versions

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1- WES MOORE, Governor Ch. 44
21
3-– 1 –
4-Chapter 44
5-(Senate Bill 608)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0608*
89
9-Human Services – Maryland Statewide Independent Living Council
10+SENATE BILL 608
11+O1, O3 3lr1945
12+ CF HB 53
13+By: Senator M. Washington
14+Introduced and read first time: February 6, 2023
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 7, 2023
1019
11-FOR the purpose of codifying the Maryland Statewide Independent Living Council as an
12-instrumentality of the State to submit, monitor, implement, and evaluate the State
13-Plan under the federal Rehabilitation Act in conjunction with a certain State entity;
14-establishing a Board of Directors for the Council Centers for Independent Living in
15-the State; requiring the Attorney General to be the legal advisor to the Council; and
16-generally relating to the Maryland Statewide Independent Living Council.
20+CHAPTER ______
1721
18-BY adding to
19- Article – Human Services
20-Section 7–1001 through 7–1007 to be under the new subtitle “Subtitle 10. Maryland
21-Statewide Independent Living Council”
22- Annotated Code of Maryland
23- (2019 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2423
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
24+Human Services – Maryland Statewide Independent Living Council 2
2725
28-Article – Human Services
26+FOR the purpose of codifying the Maryland Statewide Independent Living Council as an 3
27+instrumentality of the State to submit, monitor, implement, and evaluate the State 4
28+Plan under the federal Rehabilitation Act in conjunction with a certain State entity; 5
29+establishing a Board of Directors for the Council Centers for Independent Living in 6
30+the State; requiring the Attorney General to be the legal advisor to the Council; and 7
31+generally relating to the Maryland Statewide Independent Living Council. 8
2932
30-SUBTITLE 10. MARYLAND STATEWIDE INDEPENDENT LIVING COUNCIL.
33+BY adding to 9
34+ Article – Human Services 10
35+Section 7–1001 through 7–1007 to be under the new subtitle “Subtitle 10. Maryland 11
36+Statewide Independent Living Council” 12
37+ Annotated Code of Maryland 13
38+ (2019 Replacement Volume and 2022 Supplement) 14
3139
32-7–1001.
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
41+That the Laws of Maryland read as follows: 16
3342
34- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
35-INDICATED.
43+Article – Human Services 17
3644
37- (B) “BOARD” MEANS THE BOARD OF DIRECTORS FOR THE MARYLAND
38-STATEWIDE INDEPENDENT LIVING COUNCIL.
45+SUBTITLE 10. MARYLAND STATEWIDE INDEPENDENT LIVING COUNCIL. 18
3946
40- (C) (B) “CENTERS FOR INDEPENDENT LIVING” MEANS
41-COMMUNITY –BASED ORGANIZATIONS THAT ARE DESIGNED AN D OPERATED BY
42-PEOPLE WITH DISABILI TIES.
47+7–1001. 19
48+ 2 SENATE BILL 608
4349
44- (C) “COUNCIL” MEANS THE MARYLAND STATEWIDE INDEPENDENT LIVING
45-COUNCIL.
4650
47- (D) “DESIGNATED STATE ENTITY” MEANS THE STATE ENTITY IDENTIFI ED
48-IN THE STATE PLAN FOR INDEPENDENT LIVING AS HAVING RESP ONSIBILITY FOR Ch. 44 2023 LAWS OF MARYLAND
51+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
52+INDICATED. 2
4953
50-– 2 –
51-ADMINISTERING PROVIDING ADMINISTRA TIVE SUPPORT AND DIS BURSEMENT OF
52-FUNDS TO THE COUNCIL TO CARRY OUT THE STATE PLAN.
54+ (B) “BOARD” MEANS THE BOARD OF DIRECTORS FOR THE MARYLAND 3
55+STATEWIDE INDEPENDENT LIVING COUNCIL. 4
5356
54- (E) “STATE PLAN” MEANS THE STATE PLAN FOR INDEPENDENT LIVING
55-THAT IS REQUIRED TO RECEIVE FUNDS UNDER THE FEDERAL REHABILITATION ACT.
57+ (C) (B) “CENTERS FOR INDEPENDENT LIVING” MEANS 5
58+COMMUNITY –BASED ORGANIZATIONS THAT ARE DESIGNED AN D OPERATED BY 6
59+PEOPLE WITH DISABILI TIES. 7
5660
57-7–1002.
61+ (C) “COUNCIL” MEANS THE MARYLAND STATEWIDE INDEPENDENT LIVING 8
62+COUNCIL. 9
5863
59- (A) (1) THERE IS A MARYLAND STATEWIDE INDEPENDENT LIVING
60-COUNCIL THAT IS AN IN STRUMENTALITY OF THE STATE.
64+ (D) “DESIGNATED STATE ENTITY” MEANS THE STATE ENTITY IDENTIFI ED 10
65+IN THE STATE PLAN FOR INDEPENDENT LIVING AS HAVING RESP ONSIBILITY FOR 11
66+ADMINISTERING PROVIDING ADMINISTRA TIVE SUPPORT AND DIS BURSEMENT OF 12
67+FUNDS TO THE COUNCIL TO CARRY OUT THE STATE PLAN. 13
6168
62- (2) THE COUNCIL IS THE ENTITY THAT WAS CREATED IN 1993 BY AN
63-EXECUTIVE ORDER ISSU ED BY THE GOVERNOR, WHICH ESTABLISHED TH E COUNCIL
64-IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT.
69+ (E) “STATE PLAN” MEANS THE STATE PLAN FOR INDEPENDENT LIVING 14
70+THAT IS REQUIRED TO RECEIVE FUNDS UNDER THE FEDERAL REHABILITATION ACT. 15
6571
66- (B) THE COUNCIL SHALL:
72+7–1002. 16
6773
68- (1) WORK IN CONJUNCTION WITH THE DESIGNATED STATE ENTITY
69-CENTERS FOR INDEPENDENT LIVING IN SUBMITTING , MONITORING ,
70-IMPLEMENTING , AND EVALUATING THE STATE PLAN; AND
74+ (A) (1) THERE IS A MARYLAND STATEWIDE INDEPENDENT LIVING 17
75+COUNCIL THAT IS AN INSTRUMEN TALITY OF THE STATE. 18
7176
72- (2) CARRY OUT OTHER DUTI ES AS REQUIRED UNDER THIS SUBTITLE
73-AND THE FEDERAL REHABILITATION ACT TO SUPPORT THE IM PLEMENTATION OF
74-THE STATE PLAN.
77+ (2) THE COUNCIL IS THE ENTITY THAT WAS CREATED IN 1993 BY AN 19
78+EXECUTIVE ORDER ISSU ED BY THE GOVERNOR, WHICH ESTABLISHED TH E COUNCIL 20
79+IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT. 21
7580
76-7–1003.
81+ (B) THE COUNCIL SHALL: 22
7782
78- (A) (1) THERE IS A BOARD OF DIRECTORS FOR THE MARYLAND
79-STATEWIDE INDEPENDENT LIVING COUNCIL.
83+ (1) WORK IN CONJUNCTION WITH THE DESIGNATED STATE ENTITY 23
84+CENTERS FOR INDEPENDENT LIVING IN SUBMITTING , MONITORING , 24
85+IMPLEMENTING , AND EVALUATING THE STATE PLAN; AND 25
8086
81- (2) THE BOARD SHALL MANAGE TH E ENTITY KNOWN AS TH E COUNCIL
82-AND EXERCISE ITS ORGANIZATIONAL POWER S.
87+ (2) CARRY OUT OTHER DUTI ES AS REQUIRED UNDER THIS SUBTITLE 26
88+AND THE FEDERAL REHABILITATION ACT TO SUPPORT THE IM PLEMENTATION OF 27
89+THE STATE PLAN. 28
8390
84- (B) (1) THE GOVERNOR SHALL APPOIN T THE MEMBERS OF THE BOARD
85-COUNCIL IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT OR ANY
86-OTHER FEDERAL LAW TH AT MODIFIES PROVISIO NS FOR STATEWIDE IND EPENDENT
87-LIVING COUNCILS .
91+7–1003. 29
8892
89- (2) A MEMBER OF T HE BOARD COUNCIL SHALL RESIDE IN THE
90-STATE.
93+ (A) (1) THERE IS A BOARD OF DIRECTORS FOR THE MARYLAND 30
94+STATEWIDE INDEPENDENT LIVING COUNCIL. 31 SENATE BILL 608 3
9195
92- (3) IN MAKING APPOINTMENT S TO THE BOARD COUNCIL, THE
93-GOVERNOR SHALL CONSID ER:
94- WES MOORE, Governor Ch. 44
9596
96-– 3 –
97- (I) DIVERSITY BASED ON S EX, GENDER IDENTITY , SEXUAL
98-ORIENTATION , RACE, ETHNICITY, AND ECONOMIC STATUS ; AND
9997
100- (II) REPRESENTATION FROM ALL GEOGRAPHIC REGIO NS OF
101-THE STATE.
98+ (2) THE BOARD SHALL MANAGE TH E ENTITY KNOWN AS TH E COUNCIL 1
99+AND EXERCISE ITS ORG ANIZATIONAL POWERS. 2
102100
103- (C) (B) (1) (I) A MEMBER OF THE BOARD COUNCIL MAY NOT SERVE MORE
104-THAN TWO CONSECUTIVE FULL 3–YEAR TERMS.
101+ (B) (1) THE GOVERNOR SHALL APPOIN T THE MEMBERS OF THE BOARD 3
102+COUNCIL IN ACCORDANCE WITH T HE FEDERAL REHABILITATION ACT OR ANY 4
103+OTHER FEDERAL LAW TH AT MODIFIES PROVISIO NS FOR STATEWIDE IND EPENDENT 5
104+LIVING COUNCILS . 6
105105
106- (II) AT THE END OF A TERM , AN APPOINTED MEMBER
107-CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES IN THE
108-EVENT OF A VACANCY O N THE COUNCIL:
106+ (2) A MEMBER OF THE BOARD COUNCIL SHALL RESIDE IN THE 7
107+STATE. 8
109108
110- 1. THE COUNCIL MAY CONTINUE TO EXECUTE ITS
111-DUTIES; AND
109+ (3) IN MAKING APPOINTMENT S TO THE BOARD COUNCIL, THE 9
110+GOVERNOR SHALL CONSID ER: 10
112111
113- 2. THE GOVERNOR SHALL APPOIN T A MEMBER OF THE
114-COUNCIL IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION.
112+ (I) DIVERSITY BASED ON S EX, GENDER IDENTITY , SEXUAL 11
113+ORIENTATION , RACE, ETHNICITY, AND ECONOMIC STATUS ; AND 12
115114
116- (III) A MEMBER APPOINTED TO FILL A VACANCY SHALL SERVE
117-ONLY FOR THE BALANCE OF THE REMAINING TER M AT THE TIME OF APP OINTMENT.
115+ (II) REPRESENTATION FROM ALL GEOGRAPHIC REGIONS OF 13
116+THE STATE. 14
118117
119- (2) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER F OR
120-INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE
121-POSITION.
118+ (C) (B) (1) (I) A MEMBER OF THE BOARD COUNCIL MAY NOT SERVE MORE 15
119+THAN TWO CONSECUTIVE FULL 3–YEAR TERMS. 16
122120
123- (3) EACH YEAR THE BOARD COUNCIL SHALL ELECT A CHAIR FROM
124-AMONG ITS MEMBERS .
121+ (II) AT THE END OF A TERM , AN APPOINTED MEMBER 17
122+CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES IN THE 18
123+EVENT OF A VACANCY O N THE COUNCIL: 19
125124
126- (4) A MEMBER OF THE BOARD COUNCIL:
125+ 1. THE COUNCIL MAY CONTINUE TO EXECUTE ITS 20
126+DUTIES; AND 21
127127
128- (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE
129-BOARD COUNCIL; BUT
128+ 2. THE GOVERNOR SHALL APPOIN T A MEMBER OF THE 22
129+COUNCIL IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION. 23
130130
131- (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER
132-THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE
133-BUDGET.
131+ (III) A MEMBER APPOINTED TO FILL A VACANCY SHALL SERVE 24
132+ONLY FOR THE BALANCE OF THE REMAINING TER M AT THE TIME OF APP OINTMENT. 25
134133
135- (D) (C) THE BOARD COUNCIL MAY ACT WITH AN AFFI RMATIVE VOTE OF A
136-MAJORITY OF ITS MEMB ERS.
134+ (2) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER F OR 26
135+INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE 27
136+POSITION. 28
137137
138-7–1004.
138+ (3) EACH YEAR THE BOARD COUNCIL SHALL ELECT A CHAIR FROM 29
139+AMONG ITS MEMBERS . 30
140+ 4 SENATE BILL 608
139141
140- (A) (1) THE COUNCIL SHALL EMPLOY AN EXECUTIVE DIRECTOR. Ch. 44 2023 LAWS OF MARYLAND
141142
142-– 4 –
143+ (4) A MEMBER OF THE BOARD COUNCIL: 1
143144
144- (2) THE EXECUTIVE DIRECTOR SHALL HAVE EXPERIENCE WITH , AND
145-POSSESS QUALIFICATIO NS RELEVANT TO , THE ACTIVITIES AND P URPOSES OF THE
146-COUNCIL.
145+ (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 2
146+BOARD COUNCIL; BUT 3
147147
148- (B) THE COUNCIL MAY:
148+ (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 4
149+THE STANDARD STATE TRAVEL REGULATIONS, AS PROVID ED IN THE STATE 5
150+BUDGET. 6
149151
150- (1) EMPLOY A STAFF ;
152+ (D) (C) THE BOARD COUNCIL MAY ACT WITH AN AFFI RMATIVE VOTE OF A 7
153+MAJORITY OF ITS MEMB ERS. 8
151154
152- (2) ADOPT A SEAL;
155+7–1004. 9
153156
154- (3) ADOPT BYLAWS , POLICIES, AND PROCEDURES RELAT ED TO
155-OPERATING THE COUNCIL;
157+ (A) (1) THE COUNCIL SHALL EMPLOY AN EXECUTIVE DIRECTOR. 10
156158
157- (4) (3) RETAIN ANY NECESSARY ACCOUNTANTS , FINANCIAL
158-ADVISORS, OR OTHER CONSULTANTS ;
159+ (2) THE EXECUTIVE DIRECTOR SHALL HAVE E XPERIENCE WITH , AND 11
160+POSSESS QUALIFICATIONS RELEV ANT TO, THE ACTIVITIES AND P URPOSES OF THE 12
161+COUNCIL. 13
159162
160- (5) (4) MAINTAIN OFFICES AT A PLACE THE COUNCIL DESIGNATES
161-IN THE STATE;
163+ (B) THE COUNCIL MAY: 14
162164
163- (6) (5) ACCEPT LOANS , GRANTS, OR ASSISTANCE OF ANY KIND
164-FROM ANY ENTITY OF F EDERAL, STATE, OR LOCAL GOVERNMENT , AN INSTITUTION
165-OF HIGHER EDUCATION , OR A PRIVATE SOURCE IF THE COUNCIL GIVES PRIOR
166-NOTICE TO THE DESIGNATED STATE ENTITY;
165+ (1) EMPLOY A STAFF ; 15
167166
168- (7) (6) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS;
167+ (2) ADOPT A SEAL; 16
169168
170- (8) (7) SUE OR BE SUED; AND
169+ (3) ADOPT BYLAWS , POLICIES, AND PROCEDURES RELAT ED TO 17
170+OPERATING THE COUNCIL; 18
171171
172- (9) (8) DO ALL THINGS NECESSARY OR CONVENI ENT TO CARRY OUT
173-THE POWERS GRANTED B Y THIS SUBTITLE.
172+ (4) (3) RETAIN ANY NECESSARY ACCOUNTANTS , FINANCIAL 19
173+ADVISORS, OR OTHER CONSULTANTS ; 20
174174
175-7–1005.
175+ (5) (4) MAINTAIN OFFICES AT A PLACE THE COUNCIL DESIGNATES 21
176+IN THE STATE; 22
176177
177- (A) THE ATTORNEY GENERAL IS THE LEGAL ADVISOR TO THE COUNCIL.
178+ (6) (5) ACCEPT LOANS , GRANTS, OR ASSISTANCE OF ANY KIND 23
179+FROM ANY ENTITY OF F EDERAL, STATE, OR LOCAL GOVERNMENT , AN INSTITUTION 24
180+OF HIGHER EDUCATION , OR A PRIVATE SOURCE IF THE COUNCIL GIVES PRIOR 25
181+NOTICE TO THE DESIGNATED STATE ENTITY; 26
178182
179- (B) WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE COUNCIL MAY
180-RETAIN ANY OTHER NEC ESSARY ATTORNEYS .
183+ (7) (6) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 27
181184
182-7–1006.
185+ (8) (7) SUE OR BE SUED; AND 28
186+ SENATE BILL 608 5
183187
184- (A) EXCEPT AS PROVIDED IN SUBSECTIONS (B), (C), AND (E) OF THIS
185-SECTION, THE COUNCIL IS EXEMPT FRO M TITLE 10 AND DIVISION II OF THE STATE
186-FINANCE AND PROCUREMENT ARTICLE. WES MOORE, Governor Ch. 44
187188
188-– 5 –
189+ (9) (8) DO ALL THINGS NECESS ARY OR CONVENIENT TO CARRY OUT 1
190+THE POWERS GRANTED B Y THIS SUBTITLE. 2
189191
190- (B) THE COUNCIL IS SUBJECT TO :
192+7–1005. 3
191193
192- (1) THE OPEN MEETINGS ACT; AND
194+ (A) THE ATTORNEY GENERAL IS THE LEGAL ADVISOR TO THE COUNCIL. 4
193195
194- (2) THE PUBLIC INFORMATION ACT.
196+ (B) WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE COUNCIL MAY 5
197+RETAIN ANY OTHER NEC ESSARY ATTORNEYS . 6
195198
196- (C) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE SUBJECT T O
197-THE PUBLIC ETHICS LAW.
199+7–1006. 7
198200
199- (D) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE NOT SUBJE CT
200-TO THE PROVISIONS OF DIVISION I OF THE STATE PERSONNEL AND PENSIONS
201-ARTICLE THAT GOVERN THE STATE PERSONNEL MANAGEMENT SYSTEM.
201+ (A) EXCEPT AS PROVIDED IN SUBSECTIONS (B), (C), AND (E) OF THIS 8
202+SECTION, THE COUNCIL IS EXEMPT FRO M TITLE 10 AND DIVISION II OF THE STATE 9
203+FINANCE AND PROCUREMENT ARTICLE. 10
202204
203- (E) THE COUNCIL, THE BOARD, AND THE EMPLOYEES OF THE COUNCIL ARE
204-SUBJECT TO TITLE 12, SUBTITLE 4 OF THE STATE FINANCE AND PROCUREMENT
205-ARTICLE.
205+ (B) THE COUNCIL IS SUBJECT TO : 11
206206
207- (F) EACH YEAR, THE DESIGNATED STATE ENTITY SHALL AUDIT TH E BOOKS
208-AND RECORDS OF THE COUNCIL.
207+ (1) THE OPEN MEETINGS ACT; AND 12
209208
210-7–1007.
209+ (2) THE PUBLIC INFORMATION ACT. 13
211210
212- (A) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E COUNCIL IS
213-NOT:
211+ (C) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE SUBJECT T O 14
212+THE PUBLIC ETHICS LAW. 15
214213
215- (1) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E STATE;
216-OR
214+ (D) THE BOARD AND THE EMPLOYEES OF THE COUNCIL ARE NOT SUBJE CT 16
215+TO THE PROVISIONS OF DIVISION I OF THE STATE PERSONNEL AND PENSIONS 17
216+ARTICLE THAT GOVERN T HE STATE PERSONNEL MANAGEMENT SYSTEM. 18
217217
218- (2) A PLEDGE OF THE CRED IT OF THE STATE.
218+ (E) THE COUNCIL, THE BOARD, AND THE EMPLOYEES OF THE COUNCIL ARE 19
219+SUBJECT TO TITLE 12, SUBTITLE 4 OF THE STATE FINANCE AND PROCUREMENT 20
220+ARTICLE. 21
219221
220- (B) THE COUNCIL IS EXEMPT FROM STATE AND LOCAL TAXES .
222+ (F) EACH YEAR, THE DESIGNATED STATE ENTITY SHALL AUDIT TH E BOOKS 22
223+AND RECORDS OF THE COUNCIL. 23
221224
222- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
223-1, 2023.
225+7–1007. 24
224226
225-Approved by the Governor, April 11, 2023.
227+ (A) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E COUNCIL IS 25
228+NOT: 26
229+
230+ (1) A DEBT, A CLAIM, AN OBLIGATION , OR A LIABILITY OF TH E STATE; 27
231+OR 28
232+
233+ (2) A PLEDGE OF THE CRED IT OF THE STATE. 29 6 SENATE BILL 608
234+
235+
236+
237+ (B) THE COUNCIL IS EXEMPT FRO M STATE AND LOCAL TAXES . 1
238+
239+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2
240+1, 2023. 3
241+
242+
243+
244+
245+
246+Approved:
247+________________________________________________________________________________
248+ Governor.
249+________________________________________________________________________________
250+ President of the Senate.
251+________________________________________________________________________________
252+ Speaker of the House of Delegates.