HB1722 (2006) Detail

Relative to the New Hampshire council on developmental disabilities.


CHAPTER 179

HB 1722-FN – FINAL VERSION

11May2006… 1952eba

2006 SESSION

06-2735

01/04

HOUSE BILL 1722-FN

AN ACT relative to the New Hampshire council on developmental disabilities.

SPONSORS: Rep. Wendelboe, Belk 1; Rep. Foster, Hills 4; Rep. Foote, Ches 6; Rep. Bleyler, Graf 9

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill establishes the New Hampshire council on developmental disabilities in the statutes.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11May2006… 1952eba

06-2735

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the New Hampshire council on developmental disabilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

179:1 New Chapter; New Hampshire Council on Developmental Disabilities. Amend RSA by inserting after chapter 19-I the following new chapter:

CHAPTER 19-J

NEW HAMPSHIRE COUNCIL ON DEVELOPMENTAL DISABILITIES

19-J:1 Definitions. In this chapter:

I. “Council” means the New Hampshire council on developmental disabilities established in RSA 19-J:2.

II. “Developmental disability” means a severe, chronic disability which:

(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(b) Is manifested before the person attains age 22;

(c) Is likely to continue indefinitely;

(d) Results in substantial functional limitations in 3 or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and

(e) Reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.

19-J:2 Council Established. There is established the New Hampshire council on developmental disabilities which shall promote the inclusion, integration, productivity, independence, and self-determination of people with developmental disabilities in New Hampshire, and carry out the requirements of Subtitle B of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (hereinafter known as the “DD Act”), 42 U.S.C. sections 15021 through 15029, and subsequent amendments thereto. The council may receive, administer, and expend any funds that may be available under this federal act, or from any other sources public or private, to serve as the designated state agency pursuant to the DD Act and to enter into contracts for the purposes of its program.

19-J:3 Membership; Terms.

I. The membership of the council shall be appointed by the governor in accordance with the DD Act and shall consist of not more than 21 members which shall include:

(a) Individuals with developmental disabilities and parents or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves, which persons shall make up not less than 60 percent of the membership of the council.

(b) The state agencies or subdivisions that administer funds provided under federal laws related to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. section 701 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. section 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. section 3001 et seq.) and Titles V and XIX of the Social Security Act.

(c) A representative of the University Center for Excellence in Developmental Disabilities Education, Research, and Service established under the DD Act.

(d) A representative of the Protection and Advocacy system for protecting the rights of individuals with developmental disabilities established under the DD Act.

(e) Representatives of local and non-governmental agencies and private and non-profit groups located in New Hampshire concerned with services for individuals with developmental disabilities in New Hampshire.

II. Terms of office shall be 3-year staggered terms. A council member whose term of office is expiring may continue beyond the end of the term until reappointed or until a successor is nominated. The council shall elect a chairperson. Vacancies shall be filled for the unexpired term. Members of the council shall be reimbursed for reasonable and necessary expenses for attending council meetings and performing council duties. The council shall support council member and staff travel to authorized training and technical assistance activities, including in-service training and leadership development activities.

19-J:4 Executive Director; Staff. The council shall select an executive director by a vote of a majority of all voting council members. The executive director shall be in the classified service of the state and shall perform such duties as the council may require. The council shall maintain sufficient staff, supervised by the executive director, to carry out the duties of the council. The hiring of staff shall be done in accordance with state personnel policies and procedures except that the state shall not apply hiring freezes, reductions in force, prohibitions on staff travel, or other policies, to the extent that such policies would impact staff or functions funded with federal funds and would prevent the council from carrying out its functions under the DD Act.

19-J:5 Organization of Council. The council shall organize itself in conformity with its responsibilities under the DD Act and this chapter, and shall establish committees to address issues that affect persons with developmental disabilities. The chairperson, with the input of the council, shall designate the members of such committees. The council shall adopt policies and procedures to carry out the council’s duties under the DD Act and this chapter.

19-J:6 Duties and Powers. The council shall have the following duties and powers:

I. To develop a state plan for the inclusion, integration, productivity, independence, and self-determination of people with developmental disabilities in New Hampshire and implement programs, projects, and activities to implement that plan.

II. To support and conduct outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the council or existing service systems.

III. To support and conduct training for persons with developmental disabilities, their families, and service providers to enable such persons to obtain access to, or to provide, community services, individualized supports, and other forms of assistance, including special adaptation of generic community services or specialized services, to people with developmental disabilities.

IV. To support and conduct technical assistance activities to assist public and private entities to contribute to the achievement of the purpose of the DD Act.

V. To support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families by encouraging local networks to provide informal and formal supports; through education; and by enabling neighborhoods and communities to offer such individuals and their families access to and use of services, resources, and opportunities.

VI. To support and conduct activities to promote interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families.

VII. To support and conduct activities to enhance coordination of services with other entities authorized by federal or state law, concerning individuals with disabilities, and other groups interested in activities to benefit individuals with disabilities.

VIII. To support and conduct activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the state plan.

IX. To support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the council, including training in self-advocacy, education of policymakers, and citizen leadership skills.

X. To support and conduct activities to provide information to federal, state, and local policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations.

XI. To support and conduct demonstrations of new approaches to services and supports.

XII. To support and conduct other advocacy, capacity building, and systemic change activities to promote the development of a coordinated, consumer and family-centered, and directed comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of the DD Act.

XIII. To adopt rules, pursuant to RSA 541-A, to carry out the council’s duties under the DD Act and this chapter.

XIV. To conduct activities necessary to carry out the responsibilities of a Council on Developmental Disabilities as specified in the DD Act or as directed by the Administration on Developmental Disabilities, United States Department of Health and Human Services.

19-J:7 Meetings. The council shall establish a schedule of meetings on an annual basis. All meetings shall be open to the public in accordance with RSA 91-A.

179:2 New PAU; Developmental Disabilities Council. Amend 2005, 176:1 by inserting after PAU 01-11-06 the following new PAU 01-11-07 which shall be entitled developmental disabilities council and which funds shall be transferred from PAU 05-01-01-02-01. The legislative budget assistant is authorized to adjust all totals as made necessary by this section.

179:3 Effective Date. This act shall take effect July 1, 2006.

Approved: May 25, 2006

Effective: July 1, 2006