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REFERENCE TITLE: developmental disabilities advisory council; continuation |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1232 |
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Introduced by Senator Gray
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AN ACT
amending section 36‑553, Arizona Revised Statutes, Repealing section 41‑3011.08, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3021.08; relating to the developmental disabilities advisory council.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-553, Arizona Revised Statutes, is amended to read:
36-553. Developmental disabilities advisory council; membership; duties
A. The developmental disabilities advisory council is established consisting of the following twelve members:
1. One parent or guardian of a child who is under the age of eighteen years and who is developmentally disabled.
2. One parent or guardian of a child who is eighteen years of age or older and who is developmentally disabled.
3. One parent of a child who is served through the Arizona early intervention program.
4. One member who represents an Arizona university center for excellence in developmental disabilities.
3. 5. One member of the private sector who represents an agency that is licensed to provide licensed residential services to the developmentally disabled certified to provide in-home services to persons with developmental disabilities.
4. 6. One member of the private sector who represents an agency that is licensed to provide licensed nonresidential services to the developmentally disabled.
5. One person with a developmental disability.
7. Two members who are developmentally disabled.
6. 8. Two members each representing a different developmental disability advocacy organization.
7. 9. One member Two members from the designated protection and advocacy organization.
8. 10. The director of the Arizona health care cost containment system administration or the director's designee. This person is a nonvoting member.
9. 11. The assistant director of the division of developmental disabilities. This person is a nonvoting member.
10. 12. One member from the governor's council on developmental disabilities.
11. 13. One member representing foster parents of children with developmental disabilities.
B. The governor shall appoint all voting members. Voting members and their families shall not be employees of the department of economic security. In making these appointments the governor shall select at least five members who are clients, or guardians, parents or other family members of persons with developmental disabilities. One of these five voting members shall represent a person who is eligible for long‑term care services pursuant to chapter 29, article 2 of this title. The governor shall also consider geographic representation in making these appointments.
C. Council members appointed pursuant to subsection A, paragraphs 1 through 7 9 and 11 13 of this section shall serve staggered three year terms. Beginning September 30, 1992, No members may serve more than two full terms. A vacancy occurring on the council shall be filled by the governor appointing another qualified person to serve the remainder of the term.
D. The council chairman shall be chosen annually by a majority vote of the council. A majority of voting council members constitutes a quorum.
E. The council shall meet at least four times each year.
F. Council members are not eligible to receive compensation, but council members appointed pursuant to subsection A, paragraphs 1 through 7 9 and 11 13 of this section are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.
G. The council shall review and make recommendations to the division regarding:
1. Coordinating and integrating services provided by state agencies and providers that have contracted with state agencies to provide developmental disability programs.
2. The health, safety, welfare and legal rights of persons with developmental disabilities.
3. Implementing the state plan for service delivery and improvement.
4. Establishing and reviewing division policies and programs.
5. Annual rate setting methodology.
6. Assessing the division's annual needs.
7. Selecting the assistant director of the division.
8. Monitoring the division's annual budget.
9. The sale or lease of the real property and improvements on the real property formerly used by the department of economic security for the Arizona training program in Phoenix.
H. The council shall oversee and approve expenditures of monies from the developmentally disabled client services trust fund established in section 36‑572 following expenditure guidelines established by the council.
I. The council shall provide an analysis and target areas for cost effectiveness and improvement.
I. J. The council shall provide the public with an opportunity to address the council at regularly publicized meetings.
J. K. The council shall submit an annual report of activities to the director, the governor, the president of the senate and the speaker of the house of representatives by December 31 of each year.
K. L. The department shall make meeting space available to the developmental disabilities advisory council at locations and times convenient to the council and shall provide secretarial and other staff support.
Sec. 2. Repeal
Section 41-3011.08, Arizona Revised Statutes, is repealed.
Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3021.08, to read:
41-3021.08. Developmental disabilities advisory council; termination July 1, 2021
A. The developmental disabilities advisory council terminates on July 1, 2021.
B. Section 36-553 is repealed on January 1, 2022.
Sec. 4. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the developmental disabilities advisory council to help the division of developmental disabilities in the department of economic security establish, review and implement policies and programs for persons with developmental disabilities.
Sec. 5. Retroactivity
Sections 2 and 3 of this act are effective retroactively to July 1, 2011.