41-2452. Governor's council on developmental
disabilities; members; appointment; qualifications; terms


A. The governor's council on developmental disabilities is established to provide
coordination and planning in the field of developmental disabilities.


B. The council consists of no more than twenty-five members appointed by the
governor for three year terms in accordance with the requirements of this section.


C. At least sixty per cent of the members of the council shall be from the
following groups:


1. Persons with developmental disabilities or parents or guardians of such persons.


2. Immediate relatives or guardians of persons with mentally impairing
developmental disabilities.


D. Members appointed pursuant to subsection C shall not be:


1. Employees of a state agency which receives monies or provides services for
persons with developmental disabilities.


2. Managing employees, as defined in section 1126(b) of the social security act, of
any other entity which receives monies or provides services for persons with
developmental disabilities.


3. Persons with an ownership or control interest, as defined in section 1124(a)(3)
of the social security act, with respect to such an entity.


E. Of the members of the council appointed pursuant to subsection C:


1. At least one-third shall be persons with developmental disabilities.


2. At least one-third shall be persons described in subsection C, paragraph 2, at
least one of whom is an immediate relative or guardian of an institutionalized person
with a developmental disability.


F. In addition to members appointed pursuant to the requirements of subsection C,
at least ten members shall be appointed pursuant to this subsection. If a new agency or
facility is established, the governor, upon a vacancy occurring in a category that has
multiple representation on the council, shall appoint a member to represent the newly
established facility. Representatives shall be selected as follows:


1. At least one representative from the principal state agency including each
separate state agency that administers monies provided under the federal rehabilitation
act of 1973, the individuals with disabilities education act, the older americans act of
1965 and title XIX of the social security act for persons with developmental
disabilities.


2. At least one representative from the federal agency that administers monies
provided under title V of the social security act for persons with developmental
disabilities.


3. At least one representative from a higher education training facility for
persons with developmental disabilities.


4. At least one representative from each university affiliated facility or
satellite center concerned with persons with developmental disabilities.


5. A representative of this state's protection and advocacy system for people with
developmental disabilities established pursuant to section 142 of the developmental
disabilities act of 1984.


6. At least one representative from a local governmental agency concerned with
services to persons with developmental disabilities.


7. At least one representative from a nongovernmental agency that is a private
nonprofit group concerned with services to persons with developmental disabilities.