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:
Sec. 2. 34-B MRSA §1211, as amended by PL 2001, c. 25, §1, is repealed.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:
A. All employees assigned to the council who state that they wish to continue as employees of the council must be transferred from state employment to employment of the council in its capacity as an independent advisory agency;
B. Accrued fringe benefits from state employment of transferred personnel, including, but not limited to, vacation and sick leave, health and life insurance and retirement credits, remain available to the transferred personnel;
C. Members and employees of the council are not considered state employees for the purpose of the state civil service provisions of Title 5, Part 2 and chapter 372 or for any other purpose except as follows.
(1) Employees of the council, including employees hired after the effective date of this section, are deemed state employees for the purposes of the state retirement provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter 2.
(2) For purposes of the Maine Tort Claims Act, the council is deemed a governmental entity and its employees and members are deemed employees as those terms are defined in Title 14, section 8102; and
D. An employee of the council may return to state employment at any time up to 2 years from the effective date of this section. Employees expressing such a preference must be placed on the appropriate registers maintained by the Department of Administrative and Financial Services, Bureau of Human Resources and must be treated as though on recall in accordance with current collective bargaining provisions.
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
Positions - Legislative Count (0.000) (-4.000)
Personal Services $0 ($281,802)
All Other 0 281,802
__________ __________
Federal Expenditures Fund Total $0 $0
Effective September 30, 2003.
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