CHAPTER 416

FORMERLY

HOUSE BILL NO. 1070

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND PART DC, TITLE 16 OF THE DELAWARE CODE BY ADDING A NEW CHAPTER 94 RELATING TO THE HANDICAPPED BY ESTABLISHING A STATE ADVISORY COUNCIL FOR THE COORDINATION OF SERVICES TO THE HANDICAPPED.

WHEREAS, Delawareans, by private and public funding, have increasingly demonstrated their concern for the needs and aspirations of citizens in this State who are handicapped by establishing a variety of plans, programs, services, and advisory councils to meet their needs; and

WHEREAS, the need grows more apparent each day for the development of a system to better coordinate these plans, programs, services, and councils; and

WHEREAS, it is extremely difficult to maintain a common or shared information data base for Delaware citizens concerning current numbers of handicapped individuals, and their special needs, as well as the location, provision and availability of services and programs to meet those needs.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part IX, Title 16 of the Delaware Code by adding thereto a new chapter, designated as Chapter 94, which new Chapter shall read as follows:

"CHAPTER 94. STATE ADVISORY COUNCIL FOR THE COORDINATION OF SERVICES TO THE HANDICAPPED

§9401. Definitions

As used in this Chapter:

(I) 'Handicapped' means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

§9402. State Advisory Council for the Coordination of Services to the Handicapped

A. Membership; Term of Office.

There is hereby created a State Advisory Council for the Coordination of Services to the Handicapped. This Council shall consist of nineteen (19) members as follows:

(1) The Secretary of the Department of Health and Social Services;

(2) The Secretary of the Department of Labor;

(3) The State Superintendent of Public Instruction;

(4) The Director of the Office of Management, Budget and Planning;

(5) The following Councils and Committees shall elect one of their members each year to serve as a member of this Council:

a. The Governor's Advisory Council for Exceptional Citizens;

b. Developmental Disabilities Planning Council;

c. Governor's Committee on Employment of the Handicapped;

d. Council on the Blind;

e. Council on Mental Retardation;

f. Council on Mental Health;

g. Architectural Accessibility Board;

h. Council on Transportation;

a. Council on the Aging.

(6) Six (6) consumer and/or handicapped persons appointed by the Council Chairperson. A minimum of three persons so appointed by the Council Chairperson shall be handicapped persons.

in selecting these delegates, preference should be given to the consumer and/or handicapped, and any vacancy among the members referred to in subparagraph (5) should be filled by the respective Council/Committee within one month of the vacancy.

Any member who misses either three (3) consecutive meetings or tour (4) out of any twelve (12) consecutive meetings shall be presumed to have resigned from the Council.

Members of the Council may appoint designees to represent them.

B. Chairperson of the Council.

The Council itself shall elect its own chairperson within three (3) months of the initial meeting, and each following year thereafter.

C. Meetings of the Council.

(1) The Council shall determine its own meeting schedule, but there shall be not less than four (4) meetings each calendar year, open to the public, and held in an accessible place.

(2) Ten (10) members of the Council shall constitute a quorum, which shall be necessary to vote on any issue.

§9403. Duties of the Council

This Council shall have the following duties and responsibilities:

(1) Promote coordination between all State programs, services, and plans established for the handicapped and between State programs and private agencies and organizations which provide services to the handicapped.

(2) Review, on a continuing basis, all State policies, plans, programs and activities concerning handicapped individuals which are conducted, or assisted in whole or part, by State departments, agencies or funds in order to determine whether such policies, programs, plans, and activities effectively meet the needs of the handicapped.

(3) Make recommendations to the Governor, the General Assembly, and all State departments and agencies respecting ways to improve the administration of services for handicapped individuals, and for facilitating the implementation of new or expanded programs.

(4) Provide the Governor, the General Assembly, all interested agencies and the general public with review and comments on all State legislative proposals affecting the handicapped.

(5) Coordinate effective, economical, and timely implementation of all Federal legislation and regulations, such as the Section 504 Regulations, related to the handicapped.

(6) Serve as a central State Clearinghouse for information and data regarding:

a. The current numbers of handicapped individuals and their needs;

b. the location, provisions, and availability of services and programs for handicapped individuals;

c. any other relevant information and data about the handicapped which the Council deems appropriate.

(7) Prepare and submit to the Governor and the General Assembly, an annual report of the activities of the Council and a status report on services and programs for the handicapped.

(8) Monitor the implementation of the final recommendations of the Governor's Task Force for the Implementation of the White House Conference on Handicapped Individuals."

Section 2. Professional Staff and Service to the Council

(a) The Office of Management, Budget and Planning shall provide the Council with necessary staff services.

(b) The Office of Management, Budget and Planning shall be equipped with a telecommunications device for the deaf and a state toll-free telephone line with a non-business hour answering service to meet the needs of members of the Council and the general public.

(c) The Office of Management, Budget and Planning shall provide interpreter services at all meetings of the Council and whenever such services are otherwise needed to carry out the duties of the Council.

Section 3. This Act shall become effective July 1, 1980.

Approved July 11, 1980.