Sec. 1. 5 MRSA §12004-I, sub-§66, as amended by PL 1993, c. 600, Pt. A, §5, is further amended to read:

66. Maine Expenses 34-B MRSA

Mental Health Developmental Only §1211

and Mental Disabilities §17001

Retardation Council

Sec. 2. 34-B MRSA §1211, as amended by PL 2001, c. 25, §1, is repealed.

Sec. 3. 34-B MRSA c. 17 is enacted to read:

CHAPTER 17

DEVELOPMENTAL DISABILITIES

§17001.__Maine Developmental Disabilities Council

1.__Establishment.__The Maine Developmental Disabilities Council, referred to in this section as "the council," is established as authorized by Title 5, section 12004-I, subsection 66 and in accordance with the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402.

2.__Status.__The council is a public instrumentality of the State, and the exercise of the power conferred by this section is the performance of essential governmental functions.__The council may not be considered a state agency for any purposes, including, but not limited to, budgeting, accounts and control, auditing and purchasing.

3.__Appointments. Appointments to the council are governed as follows.

A.__The Governor shall appoint appropriate representatives to the council, as required under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, upon consideration of recommendations made by current members of the council.

B.__The Governor shall appoint a current Legislator to serve as a member of the council upon consideration of the recommendations made by current members of the council.

4.__Duties. The council shall perform its duties in compliance with the requirements of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.