2-15-2204. Developmental disabilities planning and advisory council. (1) The governor shall appoint a developmental disabilities planning and advisory council in accordance with the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402.
     (2) The council is composed of 29 members and includes the following:
     (a) six persons with developmental disabilities;
     (b) six persons who are:
     (i) parents or guardians of a child with developmental disabilities; or
     (ii) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves;
     (c) six persons who may be:
     (i) a person with a developmental disability;
     (ii) a person who is the parent or guardian of a child with a developmental disability; or
     (iii) a person who is an immediate relative or guardian of an adult with mentally impairing developmental disabilities who cannot self-advocate;
     (d) a representative of the program of services provided under the authority of the Rehabilitation Act of 1973, 29 U.S.C. 701, et seq.;
     (e) a representative of the program of services provided under the authority of the Older Americans Act of 1965, 42 U.S.C. 3001, et seq.;
     (f) a representative of the program of services provided under the authority of Title V of the Social Security Act, 42 U.S.C. 701, et seq.;
     (g) a representative of the programs of services provided under the authority of Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq.;
     (h) a representative of the program of services provided under the authority of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.;
     (i) one member of the state senate;
     (j) one member of the state house of representatives;
     (k) a representative of the university-affiliated or satellite program on developmental disabilities created pursuant to 42 U.S.C. 6061;
     (l) a representative of the state protection and advocacy system created pursuant to 42 U.S.C. 6041; and
     (m) two representatives of nongovernmental in-state entities that are concerned with the provision of services to persons with developmental disabilities.
     (3) Nine of the members appointed to the council pursuant to subsections (2)(a) through (2)(c) must be appointed by the governor to serve for terms concurrent with the gubernatorial term and until their successors are appointed. The remaining members serving on the council pursuant to subsections (2)(a) through (2)(c) must be appointed by the governor to serve for terms ending on January 1 of the third year of the succeeding gubernatorial term and until their successors are appointed.
     (4) Members appointed to the council to fulfill representation requirements of subsections (2)(d) through (2)(m) serve 1-year terms.
     (5) At least one member appointed to the council pursuant to subsections (2)(a) through (2)(c) must be either:
     (a) a person with a developmental disability who resides or previously resided in an institution; or
     (b) an immediate relative or guardian of a person with a developmental disability who resides or previously resided in an institution.
     (6) Members appointed to the council pursuant to subsections (2)(a) through (2)(c) may also be selected to represent the geographical regions and the racial and ethnic composition of the state, including American Indians.
     (7) The council is allocated to the department for administrative purposes only and, unless inconsistent with the provisions of 53-20-206 and this section, the provisions of 2-15-121 apply.

     History: En. 71-2406 by Sec. 5, Ch. 239, L. 1975; amd. Sec. 4, Ch. 559, L. 1977; R.C.M. 1947, 71-2406(1) thru (3), (10); amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 443, L. 1991; amd. Sec. 16, Ch. 418, L. 1995; amd. Sec. 17, Ch. 546, L. 1995; amd. Sec. 9, Ch. 42, L. 1997; amd. Sec. 1, Ch. 171, L. 1997; amd. Sec. 1, Ch. 154, L. 2001.