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2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 51.5-31 and 51.5-33 of the Code of Virginia are amended and reenacted as follows:
§ 51.5-31. Board created.
There shall be a Virginia Board for People with Disabilities,
responsible to the Secretary of Health and Human Resources. The Board shall be
composed of 39 members, to include the head or a person designated by the head
of the Department for Aging and Rehabilitative Services, Department for the
Deaf and Hard-of-Hearing, Department of Education, Department of Medical
Assistance Services, Department of Behavioral Health and Developmental
Services, and the Department for the Blind and Vision Impaired; one
representative of the protection and advocacy agency entity; one
representative of the university-affiliated facility center for
excellence in developmental disabilities; one representative each, to be
appointed by the Governor, of a local governmental agency, a manufacturing or a
retailing industry, a high-technology industry, a public transit interest, and
a nongovernmental agency or group of agencies that provide concerned
with services for persons with developmental disabilities; a banking executive;
one person with disabilities other than developmental disabilities; and 24
persons with developmental disabilities or the, parents or
guardians of such persons children with developmental disabilities,
or immediate relatives or guardians of adults with mentally impairing
developmental disabilities who cannot advocate for themselves. Of the last
24 persons, at least eight one-third shall be persons with
developmental disabilities; at least eight one-third shall be
a combination of (i) parents or guardians of children with developmental
disabilities and (ii) immediate relatives or guardians of persons
adults with mentally impairing developmental disabilities who cannot
advocate for themselves; and at one-third shall be a combination
of (i) persons with developmental disabilities, (ii) parents or guardians of
children with developmental disabilities, and (iii) immediate relatives or
guardians of adults with mentally impairing developmental disabilities who
cannot advocate for themselves. At least one person shall be either (a) an
immediate relative or guardian of an institutionalized a person who
resides in or previously resided in an institution or (b) a person with a
developmental disability who previously resided in an institution.
Such persons shall not be employees of the Virginia Board for People with
Disabilities or "managing employees," as defined by the Social
Security Act (42 U.S.C. § 1320a-5), of any other entity that receives funds or
provides services under Subtitle B of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (P.L. 106-402).
Each member appointed by the Governor shall be appointed for a four-year term. Members so appointed shall be subject to removal at the pleasure of the Governor. Any vacancy other than by expiration of a term shall be filled for the unexpired term. No person appointed by the Governor shall serve for more than two successive terms.
The Board shall elect its chairman.
§ 51.5-33. Powers and duties.
The Board shall have the following powers and duties:
1. To advise the Secretary of Health and Human Resources and Governor on issues and problems of interest to persons with disabilities and on such other matters as either the Secretary or the Governor may request;
2. To submit every three years to the Governor, through the Secretary of Health and Human Resources, an assessment of the needs of persons with disabilities in the Commonwealth, the success in the preceding three years of the state agencies in meeting those needs, programmatic and fiscal recommendations for improving the delivery of services to persons with disabilities, and an assessment of the triennial economic cost and benefit to the Commonwealth of the services and rights afforded persons with disabilities as established in this title;
3. To serve as the State Planning Council on
Developmental Disabilities for the administration of certain federal public
health and welfare laws as provided in 42 U.S.C. § 6000 15001;
4. To perform all duties and exercise all powers designated by
federal law for such state planning councils on developmental
disabilities, including the responsibility for planning activities on
behalf of all developmentally disabled persons in the Commonwealth; for
receiving, accounting for and disbursing federal funds; for developing and
approving the state plan; and for monitoring and evaluating the implementation
of such plan for the provision of services and facilities for persons with
developmental disabilities;
5. To be responsible for obtaining information and data from within the Commonwealth, and from time to time, but not less than annually, to review and evaluate the state plan and submit such state plan, and revisions thereto, to the Governor and to the U.S. Secretary of Health and Human Services;
6. To appoint hire and supervise the Director of
the Board and prescribe his duties;, including:
7. To hire a. Hiring such staff and obtain
obtaining the service of such professional, technical, and clerical
personnel necessary to carry out its the Board's powers and
duties; and
8. To accept b. Accepting gifts and grants on
behalf of the Commonwealth, in furtherance of the purpose of this Board.