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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 417
S.P. 371 - L.D. 1099

An Act To Amend the Laws Governing the Maine Developmental Disabilities Council

Be it enacted by the People of the State of Maine as follows:

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

66. Mental Health and Mental Retardation

Maine Developmental Disabilities Council

Expenses Only

34-B MRSA §1211 §17001

     Sec. 2. 34-B MRSA §1211, as amended by PL 2001, c. 25, §1, is repealed.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

     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.

     5. Designated state agency. In accordance with the Developmental Disabilities Assistance and Bill of Rights Act of 2000, the State shall identify an agency to act as the designated state agency to provide support for the council. The designated state agency must meet all requirements specified in 42 United States Code, Section 15025.

     6. Council personnel and members. As of the effective date of this section:

     Sec. 4. Effective date. This Act takes effect September 30, 2003.

     Sec. 5. Transfer of funds. The State Budget Officer is authorized to eliminate headcount and transfer funds by financial order in fiscal year 2003-04 from the Department of Behavioral and Developmental Services' Personal Services Federal Expenditures Fund allocations to the All Other line category of the Maine Developmental Disabilities Council to reflect the council as a public instrumentality of the State. The State Budget Officer shall consult with the Commissioner of Behavioral and Developmental Services on the amount to be transferred and may not transfer funds required to support the costs associated with the elimination of state employees and the establishment of the council as an independent advisory agency. Transfers made pursuant to this section are considered adjustments to allocations in fiscal year 2003-04.

     Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.

BEHAVIORAL AND DEVELOPMENTAL SERVICES, DEPARTMENT OF
Maine Developmental Disabilities Council 0977
Initiative: Eliminates position count and provides for a line category transfer from Personal Services to All Other to reflect the Maine Developmental Disabilities Council as an independent advisory agency.
Federal Expenditures Fund 2003-04 2004-05

Effective September 30, 2003.

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