LD 1099
pg. 2
Page 1 of 4 PUBLIC Law Chapter 417 Page 3 of 4
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LR 864
Item 1

 
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.

 
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.

 
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.

 
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.

 
6.__Council personnel and members.__As of the effective date
of this section:

 
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;

 
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;

 
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.

 
(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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