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WHEREAS, pursuant
to the Rehabilitation Act of 1973, as amended by the Rehabilitation
Amendments of 1986 (hereinafter referred to as the "Amendments of
1986"), enacted on October 21, 1986, and known as P.L. 102-569,
the Sexy真人y was mandated to establish the New Jersey
Independent Living Advisory Council in order to provide the necessary
guidance for the development of a State plan to expand independent
living services for persons with disabilities Statewide; and
WHEREAS, pursuant
to the Rehabilitation Act of 1973, as amended by the Rehabilitation
Amendments of 1992 (hereinafter referred to as the "Amendments of
1992"), and known as P.L. 102-569, the Sexy真人y is mandated
to redenominate the New Jersey Independent Living Advisory Council
to the New Jersey Independent Living Council and to ensure that
the redenominated Council shall not be established as an entity
within another State agency; and
WHEREAS, pursuant
to the Rehabilitation Act of 1973 as amended by the Amendments of
1992, in order to be eligible to receive federal financial assistance
under Title VII, Section 704(a) of P.L. 102-569, the State of New
Jersey shall submit to the Commissioner of the Rehabilitation Services
Administration, U.S. Department of Education, and obtain approval
of, a State plan containing such provisions as the Commissioner
may require, including, at a minimum, a plan that ensures the existence
of appropriate planning, financial support and coordination, and
other assistance to appropriately address, on a Statewide and comprehensive
basis, needs in the State for (a) the provision of State independent
living services, (b) the development and support of a Statewide
network of centers for independent living, and (c) working relationships
between programs providing independent living services and independent
living centers, the vocational rehabilitation program established
under Title I, Section 101 of P.L. 102-569, and other programs providing
services for individuals with disabilities; and
WHEREAS, with
its revised name, membership, charge and responsibilities, the New
Jersey Independent Living Council should 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
into the mainstream of American society;
NOW, THEREFORE,
I, JIM FLORIO, Governor of the Sexy真人y, by virtue of
the authority vested in me by the Constitution and by the statutes
of this State, do hereby ORDER and DIRECT:
1. The New
Jersey Independent Living Advisory Council is hereby redenominated
the New Jersey Independent Living Council (hereinafter referred
to as "the Council"). The Council shall be established as a separate
entity in, but not of, the New Jersey Department of Labor.
2. The Council
shall:
(a) jointly
develop and submit (in conjunction with the designated State
agencies) the State plan required in Title VII, Part A, Section
704 of P.L. 102-569;
(b) monitor,
review, and evaluate the implementation of the State plan;
(c) coordinate
activities with the State Rehabilitation Advisory Council established
under Title I, Part A, Section 101(a) (3c) and Section 105 of
P.L. 102-569, that address the needs of specific disability
populations and issues under other federal law;
(d) ensure
that all regularly scheduled meetings of the Council are open
to the public and that sufficient advance notice is provided;
(e) submit
to the Commissioner of the Rehabilitation Services Administration,
U.S. Department of Education such periodic reports as the Commissioner
may request, and keep such records, and afford such access to
such records, as the Commissioner finds necessary to verify
such reports; and
(f) carry
out all other duties set forth in Title VII, section 704 of
P.L. 102-569
3. The Council
shall consist of no more than seventeen voting members appointed
by the Governor. The composition of the Council shall reflect
a majority of qualified persons with disabilities representing
the interest of New Jersey's cross-disability population. The
majority of the members appointed to the Council may not be employed
by any State agency or center for independent living.
(a) A
representative from the Division of Vocational Rehabilitation
Services in the Department of Labor, and a representative from
the New Jersey Commission for the Blind and Visually Impaired
in the Department of Human Services (hereinafter referred to
as the "designated State units") shall continue to serve as
ex officio, nonvoting members on the Council.
(b) The
Commissioners of the State departments of Human Services, Labor,
Education, and the Public Advocate and/or their designees from
the Division of Developmental Disabilities in the Department
of Human Services, the Division of Mental Health and Hospitals
in the Department of Human Services, the Division of the Deaf
and Hard of Hearing in the Department of Human Services, the
Division of Special Education in the Department of Education,
and the Division of Advocacy for the Developmentally Disabled
in the Department of the Public Advocate, shall also serve as
ex officio, nonvoting members on the Council.
(c) Three
directors of centers for independent living (one each from the
northern, central and southern regions of the State) shall be
selected by the members of the New Jersey Directors Association
of Centers for Independent Living to serve on the Council.
(d) The
Council shall also consist of:
(1)
at least one parent or guardian of an individual with a disability;
and
(2)
one representative of the private sector business community;
(e) The
Council may also be comprised of:
(1)
other representatives from centers for independent living;
(2)
advocates of and for individuals with disabilities;
(3)
representatives from organizations that provide services for
individuals with disabilities; and
(4)
other appropriate individuals.
(f) Council
members shall serve for terms of three (3) years, except for
those first appointed, five shall serve for a term of one
(1)
year, five shall serve for a term of two (2) years, and the
remainder shall serve for a term of three (3) years. Council
vacancies from among the members shall be filled by appointment
by the Governor for the remainder of the unexpired term. No
member of the Council can serve more than two (2) consecutive
full terms. Any vacancy occurring in the membership of the
Council is to be filled in the same manner as an original
appointment and the vacancy is not to affect the power of
the remaining members to execute the duties of the Council.
The Council shall designate a member of the Council to serve
as the Chairperson.
4. The Council
shall further organize itself and set its own schedule for meetings
as it deems necessary to complete its work.
5. The Council
is authorized to hold such hearings and forums as the Council
may determine to be necessary to carry out the duties of the Council.
6. In performing
its work, the Council shall work with other existing bodies in
the State designed to plan, coordinate and deliver independent
living services to persons with disabilities and their families
at the State, county and local levels. The Council may draw upon
the assistance of any department, organization or agency of the
State which may be made available to it for these purposes.
7. The Council
may use such resources to reimburse members of the Council for
reasonable and necessary expenses of attending Council meetings
and performing Council duties, and to pay compensation to a member
of the Council, if such member is not employed or must forfeit
wages from other employment, for each day the member is engaged
in performing Council duties.
8. Pursuant
to Title VII, Section 705 (6) (e3) of P.L. 102-569, while assisting
the Council in carrying out its duties, staff and other personnel
shall not be assigned duties by the designated State agencies
or any other agency or office of the State, that would create
a conflict of interest.
9. This
Order shall take effect immediately.
GIVEN,
under my hand and seal this
15th day of October in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Eighteenth.
/s/
Jim Florio
Governor
Attest:
/s/ Scott
A. Weiner
Chief Counsel to the Governor
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