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2023 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 51.5-31 of the Code of Virginia is 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 40 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, Department of Health, and the Department
for the Blind and Vision Impaired; one representative of the protection and
advocacy entity; one representative of the university 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 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, parents or guardians of children with developmental
disabilities, or immediate relatives or guardians of adults with mentally
impairing cognitive developmental disabilities who cannot advocate
for themselves. Of the last 24 persons, one-third shall be persons with
developmental disabilities; one-third shall be a combination of (i) parents or
guardians of children with developmental disabilities and (ii) immediate
relatives or guardians of adults with mentally impairing cognitive
developmental disabilities who cannot advocate for themselves; and one-third
shall be a combination of (a) persons with developmental disabilities, (b)
parents or guardians of children with developmental disabilities, and (c)
immediate relatives or guardians of adults with mentally impairing
cognitive developmental disabilities who cannot advocate for themselves. At
least one person shall be either (1) an immediate relative or guardian of a
person who resides in or previously resided in an institution or (2) 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.