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2011 SESSION
11103530DBe it enacted by the General Assembly of Virginia:
1. That §§ 51.5-23 and 51.5-25.1 of the Code of Virginia are amended and reenacted as follows:
§ 51.5-23. Awarding of grants; purposes; eligible applicants.
A. The Department is authorized, subject to other requirements of this law, to make grants or enter into contracts, in accordance with rules and regulations of the Commissioner, for the following purposes:
1. To promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities and the integration and full inclusion of individuals with disabilities into the mainstream of society by:
a. Providing financial assistance for expanding and improving the provision of independent living services; and
b. Providing financial assistance to develop and support a statewide network of centers for independent living; and
2. To provide
personal care assistance to persons with significant disabilities; and
3.2. To assist employers in
employing, training, and providing other related services to persons with
significant disabilities.
B. Applications for the grants and contracts authorized in
subdivision A 1 may be made by eligible agencies. Applicants will be eligible
if they are a consumer-controlled, community-based, cross-disability,
nonresidential, private nonprofit agency that (i) is designed and operated
within a local community by individuals with disabilities,
and (ii) provides an array of independent living services. Each applicant shall
be established for the sole purpose of operating the center for independent
living. Each applicant shall establish a governing board, the majority of whose
members shall be persons with disabilities, for the sole purpose of operating
the independent living center.
C. Applications
for the grants and contracts authorized in subdivision A 2 may be made by
persons with significant disabilities for the provision of personal care
assistance.
D. Applications
for the grants and contracts authorized in subdivision A 3 2
may be made by employers in the Commonwealth who wish to take affirmative steps
to employ and advance in employment persons with disabilities.
E. [Repealed.]
§ 51.5-25.1. Statewide Independent Living Council created.
A. The
Statewide Independent Living Council is hereby created to jointly plan with the
Department of Rehabilitative Services activities carried out under Title VII of
the federal Rehabilitation Act of 1973 (29 U.S.C. § 796 et seq.) and to provide
advice to the Department regarding such activities. Membership and duties shall
be constructed according to federal provisions. The Department of
Rehabilitative Services shall provide staff support for the Council.
B. The Council shall
have authority to apply for and accept grants, gifts, donations, and bequests
on behalf of the Council from any source and to deposit all moneys received in
the Statewide Independent Living Fund. The Council shall submit to the Governor
an annual report of all gifts, donations, and bequests accepted; the names of
the donors; and the respective amounts contributed by each donor.
C. There is hereby
created in the state treasury a special nonreverting fund to be known as the
Statewide Independent Living Fund (the Fund). The Fund shall be established on
the books of the Comptroller. All moneys appropriated to the Fund or received
from any source pursuant to subsection B shall be paid into the state treasury
and credited to the Fund. Interest earned on moneys in the Fund shall remain in
the Fund and be credited to it. Any moneys remaining in the Fund, including
interest thereon, at the end of each fiscal year shall not revert to the
general fund but shall remain in the Fund. Moneys in the Fund shall be used
solely for the purposes of carrying out activities enumerated in the State Plan
for Independent Living, developed pursuant to the Rehabilitation Act.
Expenditures and disbursements from the Fund shall be made by the State
Treasurer on warrants issued by the Comptroller upon written request signed by
the Commissioner based upon recommendations from the Council.
2. That § 51.5-12 of the Code of Virginia is repealed.