| | 2.__Status.__The council is a public instrumentality of the | State, and the exercise of the power conferred by this section is | the performance of essential governmental functions.__The council | may not be considered a state agency for any purposes, including, | but not limited to, budgeting, accounts and control, auditing and | purchasing. |
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| | 3.__Appointments.__The Governor shall appoint appropriate | representatives to the council, as required under the | Developmental Disabilities Assistance and Bill of Rights Act of | 2000, upon consideration of recommendations made by current | members of the council. |
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| | 4.__Duties. The council shall perform its duties in compliance | with the requirements of the Developmental Disabilities | Assistance and Bill of Rights Act of 2000. |
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| | 5.__Designated state agency.__In accordance with the | Developmental Disabilities Assistance and Bill of Rights Act of | 2000, the State shall identify an agency to act as the designated | state agency to provide support for the council.__The designated | state agency must meet all requirements specified in 42 United | States Code, Section 15025. |
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| | 6.__Council personnel and members.__As of the effective date | of this section: |
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| A.__All employees assigned to the council who state that | they wish to continue as employees of the council must be | transferred from state employment to employment of the | council in its capacity as an independent advisory agency; |
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| B.__Accrued fringe benefits from state employment of | transferred personnel, including, but not limited to, | vacation and sick leave, health and life insurance and | retirement credits, remain available to the transferred | personnel; |
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| C.__Members and employees of the council are not considered | state employees for the purpose of the state civil service | provisions of Title 5, Part 2 and chapter 372 or for any | other purpose except as follows. |
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| (1)__Employees of the council, including employees | hired after the effective date of this section, are | deemed state employees for the purposes of the state | retirement provisions of Title 5, Part 20 and the state | employee health insurance program under Title 5, | chapter 13, subchapter 2. |
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