2005 West Virginia Code - §18-10M-6. — Statewide independent living council.

§18-10M-6. Statewide independent living council.
(a) The West Virginia statewide independent living council is hereby established, as it has heretofore existed under the federal rehabilitation act, as a not-for-profit corporation which shall be organized to meet the requirements of the federal act: Provided, That the council may not be established as an entity within any agency or political subdivision of the state. The council shall be governed by a board of directors, consisting of the voting members of the council, as provided in this section. The composition of this board of directors, as well as the composition of the full council's membership, shall include a majority of members who are persons with disabilities, as defined in the state plan, and a majority of members who are not employed by any agency of the state or center for independent living. The council's membership shall reflect balanced geographical representation, diverse backgrounds and the full range of disabilities recognized under the federal act, including physical, mental, cognitive, sensory and multiple.
(b) The council shall function as a partner with the division of rehabilitation services in the planning and provision of independent living services in the state. In conjunction with the division, the council shall develop, approve and submit to the proper federal authorities the state plan for independent living, as required by the federal act. The council shall monitor, review and evaluate the effectiveness of the implementation of the state plan.
(c) Voting members. -- The council shall consist of twenty- four voting members as follows: One director of an independent living center, chosen by the directors of the independent living centers in the state; and twenty-three members appointed by the governor. The governor shall select appointments from among the nominations submitted by organizations representing a wide range of individuals with disabilities and other interested groups, as coordinated by the council, by and with the advice and consent of the Senate. These members may include other representatives from centers for independent living, parents and guardians of individuals with disabilities, advocates of individuals with disabilities, representatives from the business and educational sectors, representatives of organizations that provide services for individuals with disabilities and other interested individuals, as appropriate to the purpose of the council.
(d) Nonvoting members. -- The membership of the council shall also include the following, non-voting, ex officio members, or their designees:
(1) The director of the division of rehabilitation services;
(2) The director of the office of behavioral health services within the department of health and human resources;
(3) The director of the West Virginia housing development fund;
(4) The president of the West Virginia association of rehabilitation facilities;
(5) The commissioner of the bureau of senior services; and
(6) The director of the office of special education programs and assurance in the department of education;
The nonvoting membership may also include additional representatives of groups represented on the board of directors.
(e) Terms of appointment. -- Each appointed member of the council shall serve for a term of three years, except that a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of the unexpired term; and the terms of service of the members initially appointed shall be for such fewer number of years as will provide for the expiration of terms on a staggered basis, as specified by the governor. No member of the council may serve more than two consecutive full terms.
(f) Vacancies. -- Any vacancy occurring in the appointed membership of the council shall be filled in the same manner as the original appointment. A vacancy does not affect the power of the remaining members to execute the duties of the council.
(g) Delegation. -- The governor may delegate the authority to fill a vacancy to the remaining voting members of the council after initial appointments have been made.
(h) Duties. -- The council shall:
(1) In conjunction with the division of rehabilitation services, develop and sign the state plan for independent living;
(2) Monitor, review and evaluate the implementation of the state plan;
(3) Coordinate activities with the state rehabilitation council and other bodies that address the needs of specific disability populations and issues under other federal and state law;
(4) Ensure that all regularly scheduled meetings of the council are open to the public and sufficient advance notice is provided; and
(5) Submit to the federal funding agency such periodic reports as are required and keep such records and afford access to such records, as may be necessary to verify such reports.
(i) Staffing and resources. -- The council may employ staff as necessary to perform the functions of the council, including an executive director, an administrative assistant and other staff as may be determined necessary by the council. The council shall supervise and evaluate staff. The council shall prepare, in conjunction with the division, a plan for the use of available resources as may be necessary to carry out the functions and duties of the council pursuant to this article, utilizing eligible federal funds, funds made available under this article and funds from other public and private sources. This resource plan shall, to the maximum extent possible, rely on the use of existing resources during the period of plan implementation.
(j) Compensation and expenses. -- The council may use resources that are available to it to reimburse members of the council for reasonable and necessary expenses incurred in the performance of their duties, including attending council meetings, and to pay reasonable compensation to any member of the council who is either not employed by the state or is not otherwise compensated by his or her employer for performance of duties associated with the council, up to fifty dollars per day.